Colorado Penalties for Heroin, Fentanyl, and Other Opioids

Colorado addresses the challenges of opioid use with stringent laws and penalties. Recent statistics have shown an increase in drug-related incidents, and opioids play a notable role. The state is particularly concerned with fentanyl, a synthetic opioid. Meanwhile, heroin and other opioids continue to be a persistent issue.

This article provides a picture of Colorado's criminal laws related to heroin, fentanyl, and other opioids. It explains how the state classifies controlled substances and outlines the legal consequences of the drug crimes associated with opioids.

Colorado's Controlled Substance Classifications

Colorado law classifies controlled substances according to drug schedules. It ranges from Schedules I to V. The drug laws base the drug schedule on the substance's likelihood of drug abuse and its medical use.

Schedule I

Schedule I substances are drugs that do not have accepted medical use and have a high risk for drug abuse. Examples include heroin, LSD, and ecstasy. A recent federal law also classifies all fentanyl-related substances as Schedule I drugs.

Schedule II

Schedule II substances generally have a high likelihood of drug abuse but have accepted medical use. Examples of Schedule II drugs are oxycodone, methadone, morphine, methamphetamine, cocaine, and codeine.

Schedule III

Schedule III substances present a moderate risk for drug abuse and psychological dependence but have current medical use. Examples of Schedule III substances include anabolic steroids, ketamine, and barbiturates.

Schedule IV

Schedule IV drugs are those with a low likelihood of drug abuse and psychological dependence. Examples of these types of prescription drugs are Valium and Ambien.

Schedule V

Schedule V substances have the lowest potential for drug abuse and psychological dependence. Cough syrup is a common example.

Penalties for Drug Offenses

Colorado Revised Statutes impose strict penalties for drug offenses. The severity varies depending on the quantity of drugs and the type of drugs involved:

Drug Possession

Possession of a controlled substance is a Level 4 drug felony in Colorado. Penalties include six months to a year jail time and between $1,000 and $500,000 in fines.

Drug Use

Unlawful use of a controlled substance is a Level 2 drug misdemeanor. Penalties include three months to one year of imprisonment and a fine of between $250 and $1,000.

Distribution, Manufacturing, Dispensing, or Sale

Penalties for distributing, selling, or manufacturing controlled substances vary based on several factors. Distribution or sale of a controlled substance is a Level 1 drug felony if:

• You sell, manufacture, or distribute more than 112 grams of a substance containing methamphetamine, heroin, ketamine, or cathinone
• You sell, manufacture, or distribute more than 225 grams of a Schedule I or Schedule II substance
• You sell or give a controlled substance to a minor
• You transfer any quantity of drugs on the grounds or within 1,000 feet of any school or public housing development

A Level 1 drug offense is punishable by eight and 32 years in prison and between $5,000 and $1 million in fines.

If the amount is between 14 and 225 grams, it is a Level 2 drug felony and punishable by four and eight years in jail time and between $3,000 and $750,000 in fines.

Distribution, manufacture, or sale of less than 14 grams is a Level 3 drug felony punishable by two to four years in prison and $2,000 to $500,000 in fines.

Facing Drug Charges? Contact a Criminal Defense Attorney

Understanding Colorado drug laws and penalties can help you avoid legal troubles and prepare a strong defense if you face a criminal charge. A local criminal defense attorney with experience in drug crime cases can help you understand your options. They can give invaluable guidance and help protect your rights. Whether in Denver, Colorado Springs, or Aspen, you can find an attorney on FindLaw.