Colorado Drug Possession Laws

Colorado drug possession laws can change often. in 2022, the Colorado legislature amended the state's Controlled Substances Act of 2013. Among the updates was legislation that reduced a number of drug crimes from felonies to misdemeanors.

Colorado's drug laws are some of the most progressive in the nation. They favor rehabilitation and treatment over incarceration. The Drug Enforcement Agency (DEA) allows states to decriminalize drug possession within their borders. Certain drug offenses remain federal felonies. Most of Colorado's laws apply to personal use and small amounts of drugs.

Colorado's Controlled Substance Classifications

Colorado classifies controlled substances using the federal government's drug schedule. The federal schedule categorizes drugs by their medical use, likelihood of abuse, and safety. The schedule is as follows:

• Schedule I: Drugs with no known medical use and a high potential for abuse such as heroin and LSD. A recent federal law made all fentanyl analogs Schedule I drugs. Following federal law, Colorado made possession of fentanyl and fentanyl analogs a Level 4 drug felony.
• Schedule II: Drugs with a high potential for abuse but with medical uses. This includes opium-derived drugs like morphine, codeine, and methamphetamine, but not methamphetamine precursors.
• Schedule III: Drugs with medical uses and moderate potential for abuse and psychological dependence. OxyContin (hydrocodone), anabolic steroids, and most prescription drugs fall into this schedule.
• Schedule IV: Drugs with moderate to low potential for abuse and dependence. Barbiturates like Ambien and Valium (diazepam) are on this schedule.
• Schedule V: Suboxone (buprenorphine)* and precursors to other substances make up this classification.

*Substance users and physicians should be aware that buprenorphine is a Schedule III narcotic according to Federal guidelines. It is an opioid agonist, meaning it prevents withdrawal symptoms in recovering opiate addicts. Although it is a Schedule V drug in Colorado statutes, most available Colorado literature refers to it as Schedule III. Consult a criminal defense attorney with any questions about Colorado drug scheduling.

The criminal charge may affect a drug's schedule. For instance, gamma-hydroxybutyrate (GHB) is a component of a legal Schedule III drug, Xyrem. Without a prescription, GHB is a Schedule I drug, often associated with sexual assault crimes.

Colorado Drug Possession Laws

Possession of a controlled substance can be a felony or a misdemeanor, depending on the drug and the amount possessed. Colorado sets the minimum amount for a drug felony at four grams of a Schedule I or Schedule II drug. Four grams or less of these substances is a drug misdemeanor.

Under Colorado Revised Statutes § 18-18-403.5, et seq., unlawful possession of:

• Any amount of Rohypnol (flunitrazepam), ketamine, or GHB is a Class 4 felony (CRS § 18-18-403.5(2)(a))
• 4 grams or more of any Schedule I or Schedule II substance is a Class 4 felony (CRS § 18-18-403.5(2)(a))
• Under 4 grams of any Schedule I or Schedule II substance is a misdemeanor, but fourth and subsequent offenses are Class 4 felonies (CRS § 18-18-403.5(2)(c))
• Police may use residue or minuscule amounts as probable cause for a stop or search but cannot use it for a charge of possession of a controlled substance (CRS § 18-18-403.5(3))

Possession for Sale or Distribution is a felony. The charge's severity depends on the amount of the substance and the purchaser's age (CRS § 18-18-405). For instance, a sale to an adult requires 112 grams of heroin or methamphetamine to reach a Class 1 drug felony. The sale of any amount to a minor is an automatic Class 1 felony.

Possession of Marijuana and Psychedelics

Colorado recently loosened the marijuana possession and distribution laws. Possession of sale amounts are measured in pounds, and possession for personal use amounts are measured in ounces. Users, growers, and distributors should keep in mind that marijuana remains a federal Schedule I narcotic despite recent efforts to have it rescheduled.

Drug possession charges for marijuana:

• 2 ounces of marijuana or 3 ounces of concentrate: Level 2 drug misdemeanor
• 6 ounces of marijuana or more than 3 ounces of concentrate: Level 1 drug misdemeanor
• More than 6 ounces of marijuana but less than 12 ounces: Level 4 drug felony*

*CRS § 18-18-406(2)(b)(III)(D) states "less than 4...but more than 12," while section (4)((b) states a level 1 misdemeanor is "more than 6." Users and growers should consult an attorney for interpretation of Colorado marijuana drug possession charges.

In 2023, Colorado passed SB23-290, the Natural Medicine Regulation And Legalization Act. This law decriminalizes certain natural medicines. Use and possession of these drugs cannot be grounds for criminal charges without evidence of other unlawful acts. The drugs include:

• Psilocybin
• Psilocin
• Dimethyltryptamine (DMT)
• Ibogaine

The Colorado legislature created this law in concert with the state's Native American and Indigenous people to increase recognition of the use of natural medicine.

Possession of Drug Paraphernalia

Drug paraphernalia means any item related to the use, preparation, storage, or sale of illegal narcotics. A paraphernalia charge depends on the item's proximity to drugs. For instance, a mixing bowl can be drug paraphernalia if used to store marijuana. Possession of paraphernalia is a drug petty offense (CRS § 18-18-428) punishable by a fine of not more than $100.

Related Resources

• Colorado Marijuana Laws
• Colorado Heroin Laws
• Colorado Cocaine Laws
• Possession with the Intent to Distribute
• Drug Possession Defenses

Need Legal Advice About Drug Possession in Colorado? Talk With an Attorney

Colorado state laws lean towards fines and community service for personal use drug offenders. However, repeat offenders still face jail time for a felony conviction. The outcome of your case depends on the strength of your defense. Discuss your case with an experienced Colorado criminal defense attorney for the best results in your drug case.