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Colorado’s stance on drug offenses has shifted over the years, with reforms aimed at prioritizing treatment over punishment for low-level possession charges. However, drug-related crimes still carry severe penalties, particularly for offenses involving intent to distribute or trafficking.

But, many potential defenses may be available, depending on the circumstances of your case. Was the search of your property lawful? Did the police mishandle evidence? Were you aware of the drugs found in your possession? These are just a few of the questions that can determine whether any defenses apply to your case.

Colorado law recognizes your rights, and a well-prepared defense can challenge the evidence, expose procedural errors, or even have charges reduced or dismissed. Every case is unique, and understanding the defenses available to you is the first step in protecting your future.

Types of Drug Charges

Simple Possession

This charge involves having a controlled substance for personal use without intent to sell or distribute. While possession of certain amounts of marijuana is legal, possessing larger quantities or other controlled substances can lead to misdemeanor or felony charges.

Possession with Intent to Distribute

If law enforcement believes that drugs were intended for sale or distribution, the charge escalates significantly. Factors like the quantity of drugs, the presence of cash, or packaging materials can lead to this charge.

Manufacturing or Cultivation

Creating, producing, or growing controlled substances, such as cultivating large quantities of marijuana or operating a methamphetamine lab, is a serious offense. This charge often involves both state and federal laws, adding complexity to the case.

Drug Trafficking

Drug trafficking refers to the transportation or distribution of controlled substances. These cases often involve large amounts of drugs and carry some of the harshest penalties under Colorado law.

The Consequences of a Drug Conviction

Colorado’s HB19-1263 reclassified certain drug offenses, emphasizing treatment over incarceration. While the law reduces penalties for small-scale possession, a drug conviction can still have serious consequences that extend far beyond the courtroom.

Legally, possession of small amounts of Schedule I or II drugs is now a Level 1 drug misdemeanor, punishable by up to 180 days in jail and a $1,000 fine. However, larger quantities, intent to distribute, or repeat offenses can lead to felony charges with harsher penalties, including prison time and significant fines.

Beyond legal repercussions, a drug conviction can impact your life in several ways. You may face challenges finding employment or housing, losing access to educational financial aid, or even jeopardizing your immigration status. The stigma of a conviction can strain personal relationships and make it difficult to move forward.

Just because marijuana is legal in Colorado doesn’t mean all drug-related activity is permissible. Many people mistakenly believe that Colorado’s relaxed marijuana laws extend to other substances, which can lead to serious legal trouble.

Building a Strong Defense Against Drug Charges

Defending against drug charges requires a thorough examination of the evidence, the circumstances of your arrest, and the actions of law enforcement. Here are some of the most effective defense strategies:

Illegal Search and Seizure

The Fourth Amendment protects you from unlawful searches and seizures. If police violated your rights by conducting a search without a warrant or probable cause, your attorney can argue that any evidence obtained should be excluded from your case.

Lack of Knowledge

In some cases, you may not have been aware of the drugs in your possession. For instance, if drugs were found in a car or home you shared with others, your attorney could argue that you didn’t know they were there or didn’t have control over them.

Entrapment

If law enforcement officers induced or coerced you into committing a drug-related crime, entrapment could serve as a defense. This is particularly relevant in undercover operations where police may overstep legal boundaries.

Chain of Custody Errors

For evidence to hold up in court, it must be handled properly from the moment it’s collected. Any errors in the chain of custody, such as mishandling or mislabeling evidence, can weaken the prosecution’s case.

Seek Legal Help from Colorado Criminal Defense Attorneys

Drug charges are serious, but they don’t have to define your future. Working with a Colorado drug charges lawyer can provide the support, knowledge, and advocacy you need. With over a decade of experience exclusively in criminal defense, Jacob combines a deep understanding of Colorado’s legal system with a compassionate approach to each client’s unique situation. His firm has achieved numerous dismissals and not-guilty verdicts, reflecting a commitment to securing favorable outcomes.

Contact the Law Office of Jacob E. Martinez at (720) 246-6700 or contact us online for a consultation and take the first step toward protecting your future.