In Weld County, Colorado, it is a criminal offense to possess drugs with the intent to sell, sell, manufacture or dispense a controlled substance. If you are charged with the Sale of a Controlled Substance, it is usually a felony, although it depends on the substance and the amount that was sold. Recently in Greeley a man found himself facing the Weld County Drug Task Force and admitted to supplying Fentanyl to a juvenile. When the man was being placed into custody and asked for his shoes and other personal items, police found more drugs and firearms, which led to a search warrant and the finding of many types of drugs, a price list, and more. The man is now facing many charges including child abuse. Below, our Controlled Substance attorneys will look at the charge Sale of a Controlled Substance and how skilled criminal defense attorneys can help you. Facing a criminal Drug Charge in Fort Collins or Larimer County? Get help here.
Legal Definition of Sale of a Controlled Substance, C.R.S 18-18-405, in Colorado
The Colorado legal definition of Sale of a Controlled Substance, C.R.S. 18-18-405 is:
(1)(a) Except as authorized by part 1 of article 280 of title 12, part 2 of article 80 of title 27, or part 2 or 3 of this article 18, it is unlawful for any person knowingly to manufacture, dispense, sell, or distribute, or to possess with intent to manufacture, dispense, sell, or distribute, a controlled substance; or induce, attempt to induce, or conspire with one or more other persons, to manufacture, dispense, sell, distribute, or possess with intent to manufacture, dispense, sell, or distribute, a controlled substance; or possess one or more chemicals or supplies or equipment with intent to manufacture a controlled substance.
In the above story, when the Greeley Police found multiple types of drugs, a pricing list, and a scale, the man could be convicted of the intent to distribute, even if he never sold any drugs. Also, it is important to note that if you are facing any criminal charge, you have the right to remain silent. The man made a second mistake by talking to police, confirming that he gave Fentanyl to a juvenile. This admission is what caused the chain of events which allowed the police to find other evidence against the man. Always call a skilled criminal defense attorney before you talk the police. No, police are not your friend – although they will act like they are in order to get you to talk.
Child Abuse Definition, C.R.S. 18-6-401, in Greeley, Colorado
The definition of Child Abuse, C.R.S. 18-6-401, in Greeley is:
A person commits child abuse if such person causes an injury to a child’s life or health, or permits a child to be unreasonably placed in a situation that poses a threat of injury to the child’s life or health, or engages in a continued pattern of conduct that results in malnourishment, lack of proper medical care, cruel punishment, mistreatment, or an accumulation of injuries that ultimately results in the death of a child or serious bodily injury to a child.
In the story above, the man confessed to giving the juvenile Fentanyl. Under the legal definition of Child Abuse, this sounds like a pretty solid case for police, involving a threat to the health and life of the child. To learn more about Child Abuse, go here.
What is a Controlled Substance in Weld County?
In Weld County, Colorado, Controlled Substances are classified in groups called Schedules. Drugs are grouped based on how addictive they are. Here are the Schedules used by Colorado Courts in the prosecution of drug crimes:
Schedule I: have no accepted medical use and have the highest potential for abuse. Schedule I drugs include heroin and hallucinogens, such as LSD, PCP, psilocybin (magic mushrooms), mescaline, and peyote.
Schedule II: do have some accepted medical uses. Schedule II drugs include opium and prescription opioid pain pills, such as oxycodone, hydrocodone, morphine, fentanyl, and methadone.
Schedule III: have an accepted medical use but have the potential to lead to low or moderate dependence. Drugs in this schedule include barbiturates, ketamine, anabolic steroids, and medications including small amounts of codeine.
Schedule IV: have a low potential for abuse and have an accepted medical use. Drugs include prescription anti-anxiety medications and non-barbiturate sleep medications.
Schedule V: have the lowest potential for abuse and have many accepted medical uses. Drugs in this category largely consist of over the counter medications.
Sentence and Penalties for the Sale of a Controlled Substance in Windsor, Colorado
In Windsor, the sentence and penalties for the Sale of a Controlled Substance largely depends on the amount and type of drug that a defendant sold or intended to sell. The most severe is a level 1 drug felony, with penalties of 8 years to 32 years in a Colorado State Prison and fines of $5,000.00 to $1 million. At the other end of penalties, a level 1 drug misdemeanor has penalties of 6-18 months in the Weld County jail, and a fine of $500-$5,000.
It is also important to note that if a defendant is convicted for any two Sale of a Controlled Substance charges in a 6th month period, or were on parole or probation for another felony, they could receive an Aggravated Drug Sentence. This means they are subject to longer sentences for drug felonies than they would be otherwise.