Colorado Drug Trafficking Laws

When comparing state laws, Colorado drug laws for possession or use are some of the most progressive in the nation. Colorado is as harsh as any other state when it comes to drug trafficking.

Drug trafficking is often defined as the transportation and sale of large amounts of drugs. Possession for distribution or sale charges stem from having more than personal use but less than an amount for trafficking. Trafficking is often considered a federal offense and something that goes outside state boundaries.

Colorado's laws make it a misdemeanor to possess less than four grams of heroin. It is a felony to sell or transfer any amount over seven grams. The federal quantity for trafficking begins at 100 grams. Other drugs have similar scales.

Most states do not have specific drug offenses for trafficking. If the offense involves large enough quantities or movement outside the state, law enforcement notifies the Federal Drug Enforcement Administration (DEA).

Colorado Drug Trafficking Laws

Colorado drug possession statutes categorize drug distribution by the type of drug and the amount of the substance in question. An arrest for a large amount of a Schedule III drug can have the same charge as a small amount of a Schedule I drug.

Simple possession is possession of a controlled substance in any amount under 4 grams of any substance. An easy way to stay on the legal side of drug possession and distribution laws is to know what drug schedules mean. The classifications include legal and illegal drugs. These include:

• Schedule I drugs are those with a high potential for abuse and no accepted medical use. LSD, heroin, and fentanyl analogs are Schedule I drugs.
• Schedule II drugs have a high potential for abuse but have an accepted medical use. Morphine, codeine, and fentanyl are among the Schedule II drugs.
• Schedule III drugs have a lower potential for abuse and a currently accepted medical use. These drugs are usually prescription drugs such as anabolic steroids, Tylenol with codeine, and Oxycodone.
• Schedule IV drugs have a low potential for abuse. These are often prescription tranquilizers like Xanax or Valium.
• Schedule V drugs may be prescription drugs or OTC drugs with a potential for abuse, such as Robitussin cough syrup. Schedule V substances may also be precursor chemicals used to manufacture other narcotics.

Some drugs have become the subject of separate legislation or categorization. These include methamphetamine, heroin, ketamine, cathinone (bath salts), and Rohypnol (flunitrazepam). The unique nature of these drugs, or the conditions under which they're used, has caused lawmakers to give them special treatment.

Unlawful Distribution, Manufacturing, Dispensing, or Sale

Colorado Revised Statutes Section 18-18-405 includes all drugs except marijuana. The statute makes it unlawful for any person to, with knowledge and intent, do any of the following:

• Manufacture, sell, or distribute any controlled substance, including any legal controlled substance if you're not licensed to do so
• Possess any controlled substance with intent to sell or distribute
• Possess chemicals, supplies, or equipment (precursor chemicals) with the intent to manufacture controlled substances
• Induce or conspire with others to sell, distribute, or manufacture controlled substances

Penalties for any of the above are strict.

Charges for Sales and Distribution of Controlled Substances

Sentences for drug crimes are affected by what level the offense is under Colorado law. These include:

• Level 1 drug felony: Any material, compound, mixture, or preparation that weighs:
  • Over 225g and contains a schedule I or II drug
  • Over 112g and contains methamphetamine, heroin, ketamine, or cathinones (bath salts)
  • Over 50mg and contains Rohypnol (flunitrazepam)
  • Transfer of any amount to a minor
• Level 2 drug felony: Any material, compound, mixture, or preparation transferred to a minor or which weighs:
  • 14-225g and contains a schedule I or II drug
  • 7-112g and contains methamphetamine, heroin, ketamine, or cathinones (bath salts)
  • 10-50g and contains Rohypnol (flunitrazepam)
• Level 3 drug felony: Any material, compound, mixture, or preparation that weighs:
  • Up to 14g and contains a schedule I or II drug
  • Up to 7g and contains methamphetamine, heroin, ketamine, or cathinones (bath salts)
  • Up to 10g and contains Rohypnol (flunitrazepam)
  • Over 4g and contains a schedule III or IV drug
• Level 4 drug felony:
  • Less than 4 grams of any substance for sale
  • Less than 4 grams of any Schedule I or Schedule II substance or less than 2 grams of methamphetamine, heroin, ketamine, or cathinones, if the drug is used with another person immediately upon transfer
• Level 1 drug misdemeanor:
  • A schedule V drug
  • Transfer of 4g or less of a schedule III or IV drug

Penalties are often increased for repeat offenders. Federal charges apply if the drugs cross state lines.

Marijuana Sales and Distribution

Colorado did not make marijuana possession the law of the land. Open and public consumption remains illegal in Colorado, as is driving while under the influence of marijuana. Colorado is one of the few states with an allowable blood-THC level of 5 nanograms per milliliter for impaired driving.

The state regulates retail marijuana sales. Businesses must apply for licenses, and city and local governments can refuse licenses as they see fit. To get and maintain their business license, business owners must meet and follow a number of regulations.

Besides misdemeanor criminal charges for violating the Regulated Marijuana Code, violations open sellers to additional charges under the criminal code. These include jail time and fines:

Marijuana Sales and Distribution Charges

• Level 1 drug felony: Over 50 lbs. of marijuana or over 25 lbs. of marijuana concentrate
• Level 2 drug felony: 5-50 lbs. of marijuana or 2.5-25 lbs. of marijuana concentrate
• Level 3 drug felony: 12 oz.-5 lbs. of marijuana or 6 oz.-2.5 lbs. of marijuana concentrate
• Level 4 drug felony: 4-12 oz. of marijuana or 2-6 oz. of marijuana concentrate
• Level 1 drug misdemeanor: Under 4 oz. of marijuana or under 2 oz. of marijuana concentrate

Transferring less than 2 ounces of marijuana without payment is a petty offense, not a crime.

Psychedelics and Unlawful Possession

In 2023, Colorado passed a law (SB23-290) decriminalizing possession of psilocybin, psilocin, dimethyltryptamine (DMT), ibogaine, and mescaline (excluding peyote) for personal use. The Natural Medicine Health Act does not allow possession for sale. As of October 2024, only psilocybin and psilocin (derived from mushrooms) are on the list of natural medicines.

Note: Colorado state laws are subject to change through the passage of new legislation, court rulings that include federal decisions, ballot initiatives, and other means. FindLaw strives to provide the most current information. Please consult an attorney or conduct your own legal research to verify current Colorado law(s).

Transporting Marijuana Around Colorado

Growing legal marijuana in Colorado doesn't mean you can transport it out of the state. Possession and trafficking of marijuana is still a federal felony. Transportation across state lines will attract the attention of the Drug Enforcement Administration (DEA). Possession on federal property may lead to felony drug possession charges. In Colorado, federal property includes:

• National parks
• Military bases
• Ski resorts on leased US Forest Service land

Federal drug charges are much more rare for marijuana than other drugs, but they haven't gone away. Be careful and keep your drug use inside the home.

Colorado Drug Trafficking Laws: Related Resources

• Colorado Criminal Statute of Limitations
• Drug Trafficking/Distribution
• Possession with the Intent to Distribute

Get Legal Advice From a Criminal Defense Attorney

Drug sales and distribution are a much more serious category of drug charges than simple possession. Drug offenders facing distribution charges need the help of an experienced Colorado drug crime lawyer to avoid a felony conviction, a prison sentence, and a criminal record. Get legal advice about drug convictions before talking to law enforcement.