In Weld County, Drug Laws and Drug Crimes can be confusing. If you are accused of a Drug Crime, such as possession of a schedule I or II drug, you will need an experienced criminal drug attorney. Bad things happen to good people and everyone makes mistakes. Drug Laws are complicated, you can learn more about them below.
In Greeley, Colorado What Drugs Are Legal and What Drugs Are Illegal?
There are many legal drugs in Greeley, Colorado. For example, in Colorado, marijuana is legal in small quantities (one ounce or 28 grams) if you are over the age of 21 years old or older. If a person is under 21 years old and /or it is not for medical use than it is illegal. You can learn more about Possession of Marijuana here.
Controlled, or illegal drugs, are defined and divided according to the probability of the drug’s potential to become abused. The division of drugs is called a Drug Schedule and in Colorado there are 5 drug schedules.
In Greeley, Colorado, Drug Schedules Are:
- Schedule I: drugs have a high potential for abuse and no accepted medical use (even under medical supervision). Some schedule 1 drugs are heroin and hallucinogens such as LSD, PCP, psilocybin, and peyote.
- Schedule II: these are drugs with a high potential for abuse, but also have an accepted medical use and can result in serious dependency if abused. Some schedule II drugs are opium and prescription pain pills such as oxycodone, hydrocodone, morphine, fentanyl and methadone, cocaine, and methamphetamines.
- Schedule III: drugs with a lesser abuse potential, and which have an accepted medical use, but they can lead to low or moderate physical dependence, but they can lead to a higher psychological dependence. Schedule III drugs can be barbiturates, ketamine, and anabolic steroids.
- Schedule IV: are drugs with a lower potential of abuse and have an acceptable medical use but they may lead to partial dependence. Some schedule IV drugs include prescription medications such as diazepam and sleep medications such as zolpidem.
- Schedule V: these drugs have the lowest potential for abuse, a currently accepted medical use, and they are likely to lead to only limited dependence. Some schedule V drugs are medicines that have very small amounts of certain specified narcotic drugs like: over-the-counter cough syrups and cold medications containing codeine.
Examples of Charges for Drug Offenses in Weld County
In Weld County, there are a few different charges that could fall under Drug Offenses. These charges could be: possession of a controlled substance (possession of drugs), distribution of a controlled substance (distribution or sale of drugs), possession of drug paraphernalia, possession with intent to manufacture, cultivate, or distribute, unlawful use of a controlled substance, medical marijuana charges, conspiracy to possess, distribute, or cultivate drugs. If you are accused of any of these crimes it is important to have a skilled criminal drug lawyer to help you fight for your rights.
Penalties for Drug Offense Charges in Greeley, Colorado </br> DM1, DM2, DF1, DF2, DF3, and DF4
In Greeley, Colorado Drug Offense penalties depend on the offense, the type of drug, and the amount or quantity of drugs involved. Drug Charges fall into Petty Offenses, Misdemeanors, and Felonies.
- Petty offenses include things like public consumption of marijuana or possession of drug paraphernalia.
- Misdemeanors are either Drug Misdemeanor 1 (DM1) or Drug Misdemeanor 2 (DM2).
- DM1 include distribution, manufacturing, or possession with intent to distribute; or cultivation of less than 6 marijuana plants. Penalties for these offenses range from 6 to 18 months in jail and/or a fine up to $5,000.
- DM2 include abusing toxic vapors, use or possession of synthetic cannabinoids, and possession of 2 to 6 ounces of marijuana. Penalties for DM2 offenses range from 0 to 12 months in jail and/or a fine up to $750.
- Felonies are the most serious drug offenses. In Colorado, Drug Felonies (DF) have four levels:
- DF1 – Penalties include mandatory minimum sentencing from 8 years up to 32 years and fines up to $1 million.
- DF2 – Penalties include sentencing from 4 up to 8 years and fines up to $750,000.
- DF3 – Penalties include sentencing from 2 up to 4 years and fines up to $500,000.
- DF4 – Penalties include sentencing from 6 up to 12 months and fines up to $100,000.
What is Presumptive or Aggravated Sentencing in Drug Offense Penalties in Weld County?
In Weld County, Drug Offense penalties are sentenced depending on a variety of factors. These factors include the offender’s criminal history and parole status. Presumptive sentencing is the most normal, however if the factors above exist, an aggravated sentence which contains harsher sentencing and fines, may be used.
Have you or a loved one been charged with a Drug Related Offense in Greeley or Weld County? Be smart, exercise your right to remain silent, and call the experienced drug defense attorneys at the O’Malley Law Office. Call 970-616-6009 and Together, we can protect your future.
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