Understanding the Consequences of Drug Possession vs. Drug Trafficking in Colorado

At Perlman Defense Federal Criminal Lawyers, we have extensive experience defending clients against drug charges in Colorado. In this article, we’ll explore the key differences between drug possession and drug trafficking charges, the penalties associated with each, and defense strategies that may help reduce or dismiss charges.

Key Differences Between State and Federal Drug Charges

Before diving into the distinctions between drug possession and trafficking charges, it’s important to first understand the differences between state and federal drug charges. Both levels of government enforce drug laws, but federal drug charges are often more severe and carry harsher penalties than their state counterparts.

State Charges

In Colorado, drug possession and trafficking are typically prosecuted under state law. The Colorado Criminal Code defines various drug offenses, including possession, distribution, and trafficking. The penalties for state-level drug charges vary depending on the type of drug involved, the amount possessed or trafficked, and whether the offense is considered a misdemeanor or felony.

Federal Charges

When federal law enforcement agencies, such as the FBI or Drug Enforcement Administration (DEA), become involved in investigating or prosecuting a drug offense, the case may be taken to federal court. Federal drug trafficking charges, in particular, tend to carry more severe penalties, as they involve interstate or international distribution and larger quantities of drugs. Federal drug charges may involve substances that are categorized as controlled substances under the Controlled Substances Act (CSA).

The primary differences between state and federal drug charges include:

• Jurisdiction: State charges fall under Colorado’s jurisdiction, while federal charges fall under U.S. federal law.
• Penalties: Federal penalties are often harsher, particularly for large-scale trafficking offenses or when certain aggravating factors, such as prior convictions, are present.
• Investigative Authority: Federal agencies such as the DEA or FBI typically investigate larger, more complex drug trafficking operations that cross state lines.

If you’re facing drug possession or trafficking charges, it’s important to consult with an attorney who has experience defending cases at both the state and federal levels.

Drug Possession vs. Drug Trafficking: What’s the Difference?

Drug Possession

Drug possession refers to having controlled substances in your possession for personal use, whether or not you intended to distribute them. Possession charges can be either misdemeanor or felony charges, depending on the type and quantity of the drugs involved. In Colorado, the possession of smaller amounts of marijuana has been decriminalized for adults over the age of 21, but possession of other drugs, including cocaine, heroin, methamphetamine, and prescription drugs without a valid prescription, remains illegal.

Possession charges in Colorado can include:

• Possession of a Controlled Substance (PCS): Possessing any illegal drug, such as cocaine, methamphetamine, heroin, or illegal prescription drugs, may result in a PCS charge.
• Possession with Intent to Distribute: If law enforcement believes that you possess a large quantity of drugs that could be distributed, you may face charges for possession with intent to distribute. This is a more serious charge than simple possession.

The penalties for drug possession depend on the type and quantity of drugs involved and can range from fines and probation to jail or prison time. For instance, possessing small amounts of marijuana may result in a misdemeanor charge, while possession of heroin or methamphetamine can result in a felony charge with significant prison time.

Drug Trafficking

Drug trafficking refers to the illegal distribution or transportation of controlled substances across state lines or international borders. Trafficking offenses involve larger quantities of drugs and are considered much more serious than simple possession charges. Trafficking charges can also include conspiracy charges, in which multiple individuals are involved in a coordinated effort to manufacture, distribute, or transport drugs.

In Colorado, drug trafficking charges apply when:

• Large quantities of drugs are found: Law enforcement may charge individuals with trafficking if they possess, distribute, or intend to distribute large amounts of drugs.
• Drugs are transported across state or national borders: Trafficking charges can also apply when drugs are smuggled across state lines or into the country from abroad.

Trafficking charges are typically felonies, and the penalties can be severe, with potential sentences of years or even decades in prison, particularly when large quantities of drugs are involved. Aggravating factors, such as being in possession of firearms or having prior drug convictions, can increase the severity of the penalties.

Penalties for Possession vs. Distribution

The penalties for drug possession and trafficking differ significantly. Let’s examine each charge’s penalties in more detail:

Drug Possession Penalties in Colorado

The penalties for drug possession depend on the type and amount of drug involved. Here’s a breakdown of common penalties for drug possession offenses:

• Marijuana Possession:
  
  • Less than 1 ounce: Legal for adults over 21, but illegal for minors (penalties may include fines, community service, or probation).
  • More than 1 ounce: A felony charge that can result in a prison sentence of up to 18 months and a fine of up to $100,000.
• Cocaine, Heroin, or Methamphetamine:
  
  • Possession of less than 4 grams: Typically a Class 4 felony, with a sentence ranging from probation to 6 years in prison.
  • Possession of more than 4 grams: More severe charges with a potential sentence of 6 to 12 years in prison and significant fines.
• Prescription Drug Possession: Possession of prescription drugs without a valid prescription is considered a felony, and penalties can include 1 to 3 years in prison and a fine of up to $100,000.
  

Drug Trafficking Penalties in Colorado

• Cocaine, Methamphetamine, or Heroin Trafficking: Possessing large quantities (e.g., 500 grams or more) can lead to a minimum sentence of 8 years to life in prison and fines ranging from $100,000 to $1,000,000.
  
• Marijuana Trafficking: Trafficking large amounts of marijuana (e.g., more than 50 pounds) can result in a sentence of 2 to 16 years in prison and substantial fines.
  

Federal trafficking charges carry even more severe penalties, especially if the drugs are being trafficked across state lines or internationally.

Defense Strategies to Reduce or Dismiss Charges

There are several potential defense strategies for drug possession and trafficking charges. An experienced criminal defense attorney can help determine the best approach for your case. Here are some common defense strategies:

1. Illegal Search and Seizure

If law enforcement violated your Fourth Amendment rights by conducting an illegal search or seizure, any evidence obtained may be inadmissible in court. For instance, if police stopped you without probable cause or conducted a search without a warrant or your consent, a defense attorney may file a motion to suppress the evidence, leading to the dismissal of the charges.

2. Lack of Knowledge or Intent

In drug possession cases, a common defense is that the defendant did not knowingly possess the drugs. For instance, a defendant may claim they were unaware that drugs were in their possession, or they may argue that they were not aware of the illegal nature of the substance. In trafficking cases, lack of intent can be a defense if the defendant did not intend to distribute or sell the drugs.

3. Entrapment

If law enforcement officers induced or coerced the defendant into committing the drug offense, the defendant may argue entrapment as a defense. To prove entrapment, the defendant must show that they were not predisposed to commit the crime and that law enforcement pressured or encouraged them to do so.

4. Mistaken Identity

In some cases, defendants may argue mistaken identity if they were wrongfully accused of being involved in a drug trafficking operation. If the prosecution cannot prove that the defendant was involved in the crime, the charges may be dropped.

5. Plea Bargains

In some cases, a skilled attorney may negotiate a plea bargain with the prosecution to reduce the charges or seek a more lenient sentence. A plea bargain can result in reduced charges, less prison time, or the possibility of probation instead of incarceration.

Contact Our Colorado Federal Drug Crimes Attorney for a Free Case Consultation