Drug Possession Charge in Weld County – 5 Facts About Drug Possession Charges in Greeley Courts
It is unlawful in Weld County and Greeley to be in Possession of Drugs. Often, a Drug Possession charge is a Level 1 Drug Misdemeanor; however, it can also be a felony depending on the amount and type of controlled substance in a person’s possession. Below, the skilled criminal defense attorneys at the O’Malley Law Office discuss 5 facts about Drug Possession, which can help you if charged:
- What is the Definition of Drug Possession, C.R.S. 18-18-403.5, in Greeley, Colorado?
- In Weld County, What Drugs are Legal and What Drugs are Illegal to Possess?
- What is the Definition of “Possession” in a Drug Possession Charge in Greeley, Colorado?
- Weld County Sentence and Penalties for Drug Possession
- Why Hire an Experienced Attorney for a Drug Possession Charge in Weld County?
#1. What is the Definition of Drug Possession, C.R.S. 18-18-403.5, in Greeley, Colorado?
The definition of Drug Possession, C.R.S. 18-18-403.5, Greeley is:
It is important to highlight that as of March 1, 2020, Colorado law was changed and it is no longer a felony to possess up to four grams of certain narcotics, including methamphetamine, cocaine, ecstasy, and heroin. A felony can still be charged when it involves the possession of more than four grams of a schedule I or II drug, or any material, compound, mixture, or preparation that contains any quantity of flunitrazepam; ketamine; gamma hydroxybutyrate, including its salts, isomers, and salts of isomers; cathinones (bath salts).
#2. In Weld County, What Drugs are Legal and What Drugs are Illegal to Possess?
In Weld County, it is legal to for a person over 21 to possess one ounce or less of medical marijuana. Other drugs are divided into schedules, and these categories determine the potential for abuse and whether there is an accepted medical use. The schedule of the drug then determines the sentence and penalties if a person is found in possession of those drugs. The Drug Schedules are:
Schedule I: These are drugs with a high potential for abuse and no accepted medical use, or those that are unsafe for use in treatment, even under medical supervision. Drugs included here are heroin and hallucinogens such as LSD, PCP, psilocybin (magic mushrooms), mescaline and peyote.
Schedule II: These are drugs with a high potential for abuse, but which have an accepted medical use and can result in severe dependence if abused. These can include opium and prescription opioid pain pills such as oxycodone (Oxycontin), hydrocodone (Vicodin), morphine, fentanyl and methadone, as well as stimulants such as cocaine and methamphetamines.
Schedule III: These are drugs with a lesser abuse potential, and which have an accepted medical use, but which can lead to low or moderate physical dependence and high psychological dependence. These drugs can include barbiturates, ketamine, anabolic steroids, and medications including small amounts of codeine.
Schedule IV: These are drugs with a lower potential for abuse than Schedule III drugs. They have an acceptable medical use but may lead to limited dependence. They include prescription anti-anxiety medications such as Valium and non-barbiturate sleep medications such as Ambien.
Schedule V: These are the least dangerous drugs, with the lowest potential for abuse, a currently accepted medical use, and which are likely to lead to only limited dependence. These drugs include medicines like over-the-counter cough syrups and cold medications containing small amounts of codeine.
#3. What is the Broad Definition of “Possession” in a Drug Possession Charge in Greeley, Colorado?
The definition of “possession” in Greeley is met when a person has or holds drugs anywhere on his or her person, or when a person owns or has custody of drugs within his or her control. Imagine having drugs hidden at your house, in your car, or buried in a park. Although they are not in your immediate reach, you do possess them. It is also possible to possess drugs without owning them, such as when you are storing them for a friend.
#4. Weld County Sentence and Penalties for Drug Possession
In Weld County, the sentence for Unlawful Possession of a Controlled Substance depends on the type of drug involved. It is a level 1 drug misdemeanor to possess less than four grams of a Schedule I or II drug or any amount of a Schedule III, IV, or V drug. The penalties for this can be 6 to 18 months in Weld County Jail and / or $500 to $5,000 in fines. It is a level 4 drug felony to posses more than four grams of a Schedule I or Schedule II drug or any amount of rohypnol, ketamine, bath salts, or any material, compound, mixture, or preparation that contains any quantity of flunitrazepam; ketamine; gamma hydroxybutyrate, including its salts, isomers, and salts of isomers; cathinones (bath salts). The penalties can include 6 to 12 months in prison (plus 1 year of parole), $1,000 to $100,000 in fines, and a surcharge of $1,500 to $4,500.
#5. Why Hire an Experienced Criminal Defense Attorney for a Drug Possession Charge in Weld County?
An experienced criminal defense attorney in Weld County can help you navigate the court system. Our attorneys have more than 30 years of experienced defending criminal Drug Possession charges. Having a skilled attorney fighting for your rights will get you the best outcome in your case.
If you have been accused of a Drug Possession Charge in Weld County or contacted by the Greeley Police. Be smart and exercise your right to remain silent. Contact an experienced Greeley drug defense attorney today at 970-616-6009. Together, we can protect your future.
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