Possessing a Controlled Substance like Meth, Cocaine, or Fentanyl is a drug crime in Fort Collins and Larimer County. A teacher was recently arrested and charged for Possession of Methamphetamine after a school administrator contacted law enforcement. According to the report, the administrator reported that meth had been found in the teacher’s classroom. It was not disclosed how the information came about, but the school responded as soon as they were made aware and no other teachers or students were involved. The officers contacted the teacher in the school parking lot, where she was arrested.
How is Possession of Methamphetamine / Meth Charged in Fort Collins?
The type of drug and amount in a person’s possession determine the level of drug charge one is facing. The Fort Collins, Larimer County, Colorado law definition regarding Unlawful Possession of a Controlled Substance – C.R.S. 18-18-403.5(2) – is:
(a) Any material, compound, mixture, or preparation that contains any quantity of flunitrazepam; ketamine; gamma hydroxybutyrate, including its salts, isomers, and salts of isomers; cathinones; or more than four grams of a controlled substance listed in schedule I or II of part 2 of this article 18 commits a level 4 drug felony.
(b) (Deleted by amendment, L. 2013.)
(c) 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.
Methamphetamine / Meth is a schedule II drug. Possessing less than 4 grams of meth would result in a level 1 drug misdemeanor. However, the teacher was charged with the class 4 drug felony charge, meaning there was 4 or more grams of meth in her possession.
Does Possessing Meth on School Grounds / Classroom Make the Case Worse in Loveland and Estes Park?
The fact that more than 4 grams of meth was found on school grounds can SERIOUSLY worsen the case. In Fort Collins, Loveland, and Estes Park under the Controlled Substance Section of the Colorado Revised Statutes, there is a section called Special Offender. This label is for certain cases where aggravating factors apply. Under C.R.S. 18-18-407(1)(g)(I) – Special Offender – there is a subsection regarding drugs and schools:
(g)(I) The defendant is convicted of selling, distributing, possessing with intent to distribute, manufacturing, or attempting to manufacture any controlled substance either within or upon the grounds of any public or private elementary school, middle school, junior high school, or high school, vocational school, or public housing development; within one thousand feet of the perimeter of any such school or public housing development grounds on any street, alley, parkway, sidewalk, public park, playground, or other area or premises that is accessible to the public; within any private dwelling that is accessible to the public for the purpose of the sale, distribution, use, exchange, manufacture, or attempted manufacture of controlled substances in violation of this article; or in any school vehicle, as defined in section 42-1-102 (88.5), C.R.S., while such school vehicle is engaged in the transportation of persons who are students.
For the case above, the DA would have to prove there was an intent to distribute the meth in order for this class 1 felony drug charge to apply. Certain quantities of drugs automatically ensure the assumption of intent to distribute. Others can be borderline – there was enough to charge a felony, but still within reason that a single person would simply possess this amount for personal use.
If you or someone you love has been charged with Possession of Drugs like Meth, 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. We also practice in Greeley and Weld County. CLICK HERE TO VISIT OUR GREELEY SITE. Together, we can protect your future.
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