The are a number of substances that are considered to be “controlled dangerous substances” (CDS) under Colorado law. These substances are highly regulated and some are unlawful to possess in any capacity. If you are suspected of possessing a CDS for your own personal use, you can face arrest and serious criminal charges and penalties.
“Possession” can refer to different situations. You can be accused of actual possession, which means the drugs were found on your person, in your personal bag, or in other belongings. However, you may also be accused of constructive possession, which means you could have control over the drugs if you wanted. This may mean the drugs were found in a car in which you were riding or a location to which you had access. In such situations, you may not even have known about the CDS and may find yourself facing drug charges.
Anyone who is accused of possessing any amount of a CDS should contact a criminal defense lawyer with the experience and resources necessary to successfully defend your rights. Please call the Gasper Law Group in Colorado Springs today for help.
Penalties for Colorado Drug Possession
The penalties you can face for a drug possession conviction will be based on the type of drug in question. Colorado divides CDS into five different “schedules” based on the perceived risks of a certain drug. Schedule I is the most serious and Schedule V is considered the least serious. The following are possible charges and penalties you could face for a first offense of possession of certain drugs:
- Schedule I or II Drug Offense, which includes LSD and heroin, cocaine and methamphetamines – Class 3 felony, 4 to 12 years imprisonment, up to a $750,000 fine.
- Schedule III Drug Offense, which includes ketamine and anabolic steroids – Class 4 felony, 2 to 6 years
- imprisonment, up to a $500,000 fine.
- Schedule IV Drug Offense, which includes sedatives and tranquilizers – Class 5 felony, 1 to 3 years imprisonment, up to a $100,000 fine.
- Schedule V Drug Offense, which includes cough syrup with codeine – Class 1 misdemeanor, 6 to 18 months imprisonment, up to a $5,000 fine.
The penalties and charges may be less severe if you are accused of possessing less than one gram of any CDS. On the other hand, the penalties could be more serious if the prosecutor believes that you possessed the drugs with the intention of selling or distributing them.
The good news is that there are many ways to defend against drug possession charges in Colorado and our law firm knows how to identify and present any possible defenses in your case. We always strive to limit the consequences you face as much as possible by getting your charges reduced or dropped.
Contact a Colorado Springs Drug Possession Attorney Today
Facing drug possession charges can be frightening. The Gasper Law Group is here to help you through every step of your case. If you have been arrested, please contact us at 719-227-7779 as soon as possible to learn more about how we can help you.