When the police pulled over a man after observing him make a hand-to-hand transaction in a Walgreen’s parking lot, they got an interesting confession. The man admitted to the officer he was a police officer who had been relieved of duty. He was reported to be trembling and stuttering as he explained these things to the officer. His nervous demeanor triggered a suspicion with the officer and the man was removed from his vehicle and the car was searched. When officers recovered the clear baggie of crack cocaine, the man told the officers, “the crack is not for me, it’s for my wife.” The man was subsequently arrested and charged with Possession of a Controlled Substance.
Possession of a Controlled Substance in Greeley
It is unlawful for a person to possess a controlled substance in Greeley, Evans, and Erie according to C.R.S. 18-18-403.5. The level felony or misdemeanor charged for Possession of a Controlled Substance depends of the type of drug. In Colorado, there are 5 Schedules or Classifications for drugs. A Schedule I drug is most dangerous and carries a harsher punishment than a Schedule V drug.
|
SCHEDULE |
DEFINITION |
EXAMPLES |
| Schedule I –C.R.S. 18-18-203 | *High potential for abuse
*High risk of addiction or dependency *No acceptable medical use |
*LSD
*Heroin *Mescaline *Peyote *Ecstasy *Hashish |
| Schedule II –C.R.S. 18-18-204 | *High potential for abuse
*Has acceptable medical use in treatment, or currently accepted medical use with sever restrictions *Abuse may lead to severe psychological or physical dependence
|
*Opium
*Cocaine *Methadone *Methamphetamines *Amphetamines *OxyContin *Morphine |
| Schedule III –C.R.S. 18-18-205 | *Potential for abuse
*Has acceptable medical use in treatment *Abuse may lead to moderate or low physical dependence or high psychological dependence |
*Hydrocodone
*Codeine *Anabolic Steroids *Testosterone *Ketamine *Some Depressants |
| Schedule IV –C.R.S. 18-18-206 | *Lower potential for abuse than Schedule III
*Has currently accepted medical use in treatment *Abuse may lead to limited physical dependence or psychological dependence |
*Clonazepam
*Some Tranquilizers *Some Sedatives |
| Schedule V –C.R.S. 18-18-207 | *Lower potential for abuse than Schedule I
* Has currently accepted medical use in treatment *Abuse may lead to limited physical dependence or psychological dependence |
*Over the counter medication with Codeine |
As a Schedule II drug, possessing cocaine is a class 4 drug felony. This level felony is punishable with 6 months to 1 year in the Colorado Department of Corrections. And, no, the defense “the crack is not for me, it’s for my wife” will not hold up in a Larimer, Boulder, or Grand County court of law.
If you or someone you love has been charged with Possession of a Controlled Substance, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers from the O’Malley Law Office at (970) 616-6009 immediately to schedule a free consultation. Together, we can protect your future.
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