It used to be that possessing certain controlled substances of any amount, like meth, cocaine, heroin or ecstasy, was an automatic drug felony in Fort Collins and Larimer County, Colorado. However, laws have changed and now the amount of these drugs you are caught possessing matters. As of March 2020, it is no longer a felony to possess methamphetamine, cocaine, ecstasy or heroin as long as you have only 4 grams or less of the substance. Let’s take a closer look at this change is the law.
Drug Possession Defense Lawyer : Colorado Law Definition of Possession of a Controlled Substance
The Larimer County, Colorado law definition of Unlawful Possession of a Controlled Substance, or Drug Possession, – C.R.S. 18-18-403.5 – is:
Pretty straightforward, right? If you are contacted by law enforcement, like the Fort Collins Police or Larimer County Sheriff, and you have a controlled substance in your possession, then you can be charged with this crime.
Drug Misdemeanor Possession of Cocaine, Methamphetamine, Heroin, or Ecstasy in Larimer County
Under this new law, the following sentencing guidelines apply:
- Any material, compound, mixture, or preparation that contains not more than four grams of a controlled substance listed in schedule I or II of part 2 of this article 18 or any quantity of a controlled substance listed in schedule III, IV, or V of part 2 of this article 18 except flunitrazepam, gamma hydroxybutyrate, or ketamine commits a level 1 drug misdemeanor; except that a fourth or subsequent offense for a violation of this subsection (2)(c) is a level 4 drug felony.
A level 1 drug misdemeanor is punishable by 6 to 18 months in the Larimer County Jail and up to $5,000 in fines.
If you or someone you love has been charged with Drug Possession, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together we can protect your future.
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