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Colorado Drug Possession Law

Colorado Drug Possession Defense

What you're facing under C.R.S. § 18-18-403.5, how the penalties scale, and the questions your attorney needs to answer, specific to Colorado (CO) law.

Offense Class

Level 1 Drug Misdemeanor (4g or less of Schedule I/II); Level 4 Drug Felony (over 4g of Schedule I/II)

Maximum Penalty

180 days (Level 1 Drug Misdemeanor); 1 year (Level 4 Drug Felony)

Maximum Fine

$1,000 (Level 1 DM); $100,000 (Level 4 DF)

Penalty Range in Colorado

StatuteC.R.S. § 18-18-403.5 — Unlawful Possession of a Controlled Substance
Minimum Penalty
Maximum Penalty180 days (Level 1 Drug Misdemeanor); 1 year (Level 4 Drug Felony)
Maximum Fine$1,000 (Level 1 DM); $100,000 (Level 4 DF)

Charge Enhancements

These factors can elevate the charge or penalty in Colorado:

  • Over 4g of Schedule I/II (Level 4 Drug Felony)
  • Prior drug convictions

Colorado-Specific Detail

Colorado significantly reformed drug possession laws in 2019 (HB 19-1263). Possession of 4g or less of Schedule I/II is a Level 1 Drug Misdemeanor. Marijuana regulated separately under Amendment 64.

Is your Colorado drug case defense on track?

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Drug Possession Defense Playbook$127

26 questions that change how the next attorney meeting goes, a case stage roadmap, red flag checklist, and a case progress scorecard. Instant PDF download, relevant to Colorado defendants.

Important: This page provides legal INFORMATION about Colorado drug possession law as of the date of publication. Laws change frequently. This is not legal advice. The analysis draws on methods developed by defense attorneys, applied to public data. Your attorney remains the final authority on defense direction.