The increasing use of fentanyl in Weld County has evoked alarm for the public and criminal defense attorneys at the O’Malley Law Office. On its own, fentanyl – a highly dangerous synthetic opioid – poses significant risk, as simply being exposed to touch or innocent inhalation of the substance can lead to overdose. In addition to the medical and psychological risks facing innocent parties and users, the legal ramifications of fentanyl are of special concern. Unlawful Possession of a Controlled Substance, C.R.S. 18-18-403.5, and other charges that stem from possessing fentanyl are cause for worry. However, because fentanyl has garnered great attention from lawmakers and the press, a district attorney likely will handle an Unlawful Possession case with undue severity if fentanyl was involved. Below, our leading criminal defense attorneys discuss fentanyl, and why it is crucial to hire a lawyer if you have been charged with Unlawful Possession of this Controlled Substance.
Greeley Definition of Unlawful Possession of a Controlled Substance, C.R.S. 18-18-403.5 | Fentanyl Possession
In Greeley, Colorado, one of the most common crimes someone could be charged with for owning fentanyl is Unlawful Possession of a Controlled Substance, C.R.S. 18-18-403.5. The legal definition of Unlawful Possession is as follows:
Except as authorized by part 1 or 3 of article 280 of title 12, part 2 of article 80 of title 27, section 18-1-711, section 18-18-428 (1)(b), or part 2 or 3 of this article 18, it is unlawful for a person knowingly to possess a controlled substance.
Fentanyl is a Schedule II controlled substance under C.R.S. 18-18-204. Schedule II substances are those that have a high potential for abuse, with abuse resulting in severe psychological or physical dependence. They also have a currently accepted medical use in the United States with severe restrictions to protect against the substantial risk for abuse. Fentanyl meets these criteria, as it can be used to treat patients experiencing great pain after a procedure. However, its potency and potential for abuse means that anyone who uses it for a legitimate purpose must be strictly monitored by medical personnel. Otherwise, possessing fentanyl that has not been prescribed is illegal and dangerous.
Weld County Fentanyl Sentences and Penalties for Unlawful Possession, C.R.S. 18-18-403.5
Sentences and penalties for Unlawful Possession, C.R.S. 18-18-403.5, depend on the quantity of fentanyl and number of prior drug offenses. Below is a table that outlines the sentences and penalties for unlawful fentanyl possession:
| Fentanyl Quantity/Concentration | Number of Offenses | Sentence | Penalties |
| Over 4 grams, provided the mixture contains 60% or less of fentanyl in total mixture | Not applicable | Level 4 drug felony, or DF4 | · 6 months – 1 year in a Colorado state prison
· $1,000 – $100,000 in fines · 1 year of mandatory parole |
| Under 4 grams | First, second, or third offense | Level 1 drug misdemeanor, or DM1 | · 6 – 18 months in a Weld County jail
· $500 – $5,000 of fines |
| Under 4 grams | Fourth or subsequent offense | Level 4 drug felony, or DF4 | · 6 months – 1 year in a Colorado state prison
· $1,000 – $100,000 in fines · 1 year of mandatory parole |
| 1 – 4 grams; contains any quantity of fentanyl | Not applicable | Level 4 drug felony, or DF4 | · 6 months – 1 year in a Colorado state prison
· $1,000 – $100,000 in fines · 1 year of mandatory parole |
| Under 1 gram containing any quantity of fentanyl | First, second, or third offense | Level 1 drug misdemeanor, or DM1 | · 6 – 18 months in a Weld County jail
· $500 – $5,000 of fines |
| Under 1 gram containing any quantity of fentanyl | Fourth or subsequent offense | Level 4 drug felony, or DF4 | · 6 months – 1 year in a Colorado state prison
· $1,000 – $100,000 in fines · 1 year of mandatory parole |
| Any quantity of a mixture containing over 60% fentanyl in total mixture | Not applicable | Level 2 drug felony, or DF2 | · 4 – 8 years in a Colorado state prison
· $3,000 – $750,000 in fines · 2 years of mandatory parole |
In addition to the above sentences and penalties, anyone convicted of Unlawful Possession of Fentanyl would be subject to a substance abuse assessment according to C.R.S. 18-1.3-510.
Why Hire a Leading Greeley Fentanyl Criminal Defense Attorney?
If you have been charged with Unlawful Possession of Fentanyl, C.R.S. 18-18-403.5, do not delay in seeking a leading Greeley criminal defense attorney. Between potentially being sentenced to years in a Colorado state prison and having to pay hundreds of thousands of dollars of fines, Unlawful Possession charges have the potential to wreck your freedom and finances for the rest of your life. This is all the more true if the district attorney handling your case decides to be even more ruthless because you possessed fentanyl rather than another Schedule II substance, such as Ritalin. And of course, if you have a sufficient quantity or fentanyl packaged for sale, you may face even more prison time with a conviction for Fentanyl Unlawful Distribution, Manufacturing, Dispensing or Sale, C.R.S. 18-18-405 – where prison sentences increase substantially.
Our criminal defense attorneys use their decades of experience, cordial relationship with district attorneys, and thorough understanding of the law to successfully defend clients who have been charged with possessing or distributing illegal substances. Our creative and unrelenting defense strategies have even resulted in dismissals and acquittals. Don’t entrust your freedom to an attorney who won’t fight with the same vigor. Call our defense lawyers today to ensure the best possible outcome in your case.