Steep Penalties for Victimless Crime

After Colorado legalized marijuana in 2014, it has gained a national reputation for progressive drug laws.  However, many Colorado citizens know that the State still continues to push for severe punishment for drug offenses involving harder drugs, or even possession of marijuana over an ounce.  Even first time offenders charged with a drug crime sometimes face jail time, excessive fines, or a black eye on their record that makes future work opportunities scarce.

The Five Drug Schedules in Colorado

Colorado Criminal Code §18-18-203 lays out five different drug schedules that categorize drugs from most to least severe.  Schedule I drugs are the most dangerous and addictive drugs, whereas Schedule V drugs are the least dangerous and most medically useful ones.

Schedule I:

Heroin, synthetic opiates, hallucinogenics such as psilocybin, LSD, PCP, and the most dangerous central nervous system depressants or stimulants.

Schedule II:

Pure opium products, cocaine, fentanyl family drugs, methamphetamine, and unlicensed possession of the pain relievers oxycodone or hydrocodone.

Schedule III:

Anabolic steroids like the ones used by certain bodybuilders, stockpiled codeine or opium ingredients used to manufacture certain hard drugs, ketamine, and barbituric family drugs.

Schedule IV:

Unlicensed prescription drugs such as the anti-anxiety medication commonly known as Valium, or the sleep aid commonly known as Ambien.

Schedule V:

Stockpiled codeine or opium ingredients in smaller quantities than Schedule III, such as cough syrup or cold medication, that could potentially be used to manufacture distilled amounts of hard drugs.

Penalties for Drug Offenses:

Colorado law takes into account the Schedule to which the drug belongs, the amount in possession, intended use of the substance, and past criminal record (habitual drug offender status).  Possession of a small amount of a Schedule V drug is a minor offense, whereas large scale possession of Schedule I substances for distribution can carry decades of prison time and hundreds of thousands of dollars in fines.

Need Help?

Walker Fults has successfully challenged drug evidence at trial, resulting in suppression of the evidence and complete vindication for his client through a not guilty verdict. Hire an attorney who will aggressively investigate the circumstances of your unique case, and work together with you to craft a strategic and effective defense plan that puts your interests first.