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Drug Possession Laws in Colorado

With the holidays upon us, you’re probably going to a few parties to celebrate the end of the year. While you should always have a fun time when you go out, it’s vital that you are aware of the consequences if you have a bit too much fun. As the end of the year comes closer, you’ll probably want to indulge in some activities that may result in a sticky situation. Our law firm isn’t here to form an opinion, but to ensure that you’re prepared if something detrimental does happen and a legal matter is formed. In today’s blog, we’ll be going over what you need to know about drug possession laws in the State of Colorado. At Roselle & Breitigam, P.C., one of our focus areas are drug charges and possession. If you find yourself in a sticky situation this holiday season, then contact a criminal lawyer at our law firm. We serve the Fort Collins area.

infographic Don't Wait Until It's Too Late


Whether you’re trying to become more educated about the laws in Colorado or you’ve found yourself in trouble with the law, our blog will go over what you need to know about possession charges. First, it’s important that you never wait to challenge a possession charge. When you come to our law firm, we’ll go over what you should expect for drug charges since every case is different, but the number one thing you should never do is wait if you’re charged with possession or trafficking.

While marijuana is legal in Colorado, that doesn’t negate the fact that you can get in trouble for it. Just like alcohol, if you don’t have it sealed, then you could get a ticket or a charge for driving while under the influence of a substance. For example, if you don’t keep your marijuana in the trunk of your car while driving, then you can get in trouble for it. If you’re over a certain limit, then you can also get charged. While there’s no reliable way to measure if someone is high while driving, there are other certain telltales such as smell, evidence, and the driver’s reaction.

Additionally, if you’re underage and using marijuana, then just like with alcohol, you can face some serious consequences. For example, if you’re selling to a minor, then you could be charged with a Level 4 Drug Felony at a minimum and a Level 1 Drug Felony at a maximum. When it comes to other controlled substances such as prescription drugs and cocaine, then you’re liable to face much stricter penalties if you’re caught selling, manufacturing, or using the drugs.


In each state, there are classified controlled substances that are put into different schedules. These schedules are to help determine the crime classifications and the penalties. The schedules are determined because of what they will do to the body. For example, Schedule I drugs are not used for any medical purpose and are strictly illegal. From Schedule II to V, while they can become addicting and can lead to psychological and physical dependence, they also have medical uses. In Colorado, they modeled these schedules illicit drugs and restricted prescription drugs after the federal government. The federal government helped to determine these substances to help with charging criminals with possession and tracking crimes. Below you’ll find a few examples of the scheduled drugs. The higher the scheduled drug is, the higher the penalty may be.

  • Schedule V: Buprenorphine
  • Schedule IV: Xanax
  • Schedule III: Ketamine
  • Schedule II: Methamphetamine
  • Schedule I: Heroin


The penalties for possession are determined by many factors. If you’re facing drug charges, then it’s best that you speak to a lawyer since every case is different. Many cases face penalties that range from jail or prison time to drug treatment and probationary period. For nonviolent crimes such as drugs, the courts seek other alternatives to spending time in jail. For example, you may just have a probationary period or you may have to pay a fine so that you face the consequences of your actions. Depending on what you are charged with, if it’s distribution, manufacturing, cultivation, or possession, our criminal lawyers have experienced every type of case.

By providing a strategic legal plan, Roselle & Breitigam, P.C., is also here to help you have the best outcome possible for your legal situation. While no one wants to deal with drug possession charges, trafficking, or the intent to sell, it’s vital that you have an aggressive criminal lawyer on your side to help you. With our criminal lawyers, you can expect a dedication to your case, a drive to help you, and the experience to determine the best-case scenario for your situation. If you’re dealing with drug charges and want a knowledgeable criminal lawyer on your side, then contact Roselle & Breitigam, P.C.