Facing a charge of Unlawful Possession of a Controlled Substance in Greeley, Colorado? When a person is found to be in possession of a controlled substance in Weld County without a prescription, they can either be charged with felony or misdemeanor Drug Possession or Unlawful Possession of a Controlled Substance. These charges are often complicated – so its important to hire a defense attorney with experience defending Drug Possession cases who can fight for your future. If you are facing an Unlawful Possession of a Controlled Substance charge in Fort Collins or Larimer County, get help here.
Colorado Definition of Unlawful Possession of a Controlled Substance, C.R.S. 18-18-403.5
In Colorado, the definition of Unlawful Possession of a Controlled Substance, C.R.S. 18-18-403.5, is:
It is unlawful for a person knowingly to possess a controlled substance.
This statue is very broad, which is why it is important to have a criminal defense attorney who can explain the charges against you and help you understand the Weld County Courts.
In Weld County, What is a Drug Schedule and Which Drugs are Illegal to Possess?
Drugs are divided into schedules in Weld County. The purpose of the categories is to rank drugs by their potential for abuse and whether there is a medical use for the drug. If a person is found to be in possession of a drug, then the schedule of the drug determines the sentence and penalties. The Drug Schedules are:
- Schedule I: 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: 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: 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: 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 drugs, have 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.
It is important to note that in Colorado it is legal to for a person over 21 to possess two ounces or less of marijuana.
Definition of “Possession” in C.R.S. 18-18-403.5 in Greeley, Colorado
In Greeley, and around Colorado, if you are facing a criminal charge such as Drug Possession, you should know the definition of Possession. Possession is defined as having physical control over a drug. However, there are multiple different types of possession a defendant can have. Actual possession, or having the drug on your person, such as having it in your pocket. Constructive possession is having control over a drug that is not physically on your person. An example of constructive possession is having drugs hidden in your locked desk drawer. The last type is joint possession, where you and other people share control of the drugs. Joint possession would occur if drugs are in the car that a married couple shares.
Weld County Punishment for Unlawful Possession of a Controlled Substance
The punishment and sentence in Weld County for Unlawful Possession of a Controlled Substance depends on the type and amount of drugs involved in the defendant’s case. For example, 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 punishment for a level I drug misdemeanor is 6 to 18 months in Weld County Jail and / or $500 to $5,000 in fines. It is a felony to possess 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; and cathinones (bath salts). This level 4 drug felony has a punishment which can include 6 to 12 months in a Colorado State Prison, $1,000 to $100,000 in fines, a surcharge of $1,500 to $4,500, and 1 year of parole.
Erie and Windsor, Colorado Criminal Defense Attorney for Drug Charges
In Erie and Windsor hiring a skilled criminal defense attorney is important to a Drug Possession case. The attorneys at the O’Malley Law Office have over 30 years of experience in drug cases which helps our clients get the best result. Whether we can get the charges reduced or we end up going to trial for a win, we will fight aggressively for you. A Drug Possession charge can impact your schooling, job, and whole life – so let us help you!