Recently, in Weld County and across Colorado there have been some major cases in the press where people are charged with Manslaughter for playing a role in someone else’s death. In one case, a girlfriend was found guilty for encouraging her boyfriend to commit suicide. Others deal with charging a drug dealer or person who provided the drugs that cause a fatal overdose. A Summit County man was acquitted of Manslaughter after his friend died of a fentanyl overdose, but he was convicted of Possession of Fentanyl and Use of a Controlled Substance. The man was sentenced to two years of Community Corrections.
Greeley Possession of Fentanyl Defense Attorney: Definition of Unlawful Possession of a Schedule II Controlled Substance
Fentanyl is considered a schedule II controlled substance – C.R.S. 18-18-204, which means it:
- Has a high potential for abuse;
- Has currently accepted medical use in treatment in the U.S., or currently accepted medical use with severe restrictions; and
- Abuse may lead to severe psychological or physical dependence.
In Greeley, Erie, and Evans, Unlawful Possession of a Controlled Substance – C.R.S. 18-18-403.5 – is simply defined as:
While Fentanyl is a medically prescribed drug, usually sold in patch form, if you possess Fentanyl beyond your prescribed amount or without a valid prescription, then you can face Unlawful Possession of Fentanyl charges.
Sentence for Unlawful Possession of Fentanyl in Morgan County, Colorado
Possession of a Schedule I or Schedule II Controlled Substance is a class 4 drug felony, or DF4. Some examples of Schedule I drugs include:
- Psilocybin and psilocin (psychedelic mushrooms)
- Heroin
- GHB
- Ecstasy
- LSD
Other Schedule II Drugs (like Fentanyl) include:
- Cocaine
- Meth or methamphetamine
- Methadone
- Oxy, Oxycodone, or Oxycontin
- Morphine
A drug felony 4 is punishable by six months to one year in the Colorado Department of Corrections with a one-year parole tail. Sometimes, an experienced Greeley drug crimes lawyer can work out a deal where after a sentence has been successfully completed, the drug felony will drop down to a misdemeanor. This may be an option for you! Call our law firm today to speak with a criminal defense lawyer about your case.
If you or someone you love has been charged with Possession of Fentanyl or any controlled substance, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office today at 970-616-6009 for a free initial consultation. Together, we can protect your future.
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