What Drugs Are Illegal in Colorado

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Last Modified: January 28, 2025

What Drugs Are Illegal in Colorado

By: Daniel Perlman | January 23, 2025 | Drug Crimes
What drugs are illegal in Colorado

Colorado has strict laws regarding illegal drugs. While marijuana is legal under certain conditions, many other substances remain prohibited. The state follows federal guidelines for classifying and regulating controlled substances.

Perlman Defense Federal Criminal Lawyers help individuals facing drug-related charges in Colorado. Our team knows the complex nature of drug laws. We work to protect your rights and provide the strongest possible defense. Whether you are charged with possessing, distributing, or manufacturing drugs, we can help.

Drug laws in Colorado address substances with no accepted medical use and those that are highly addictive. Violations can lead to severe penalties, including fines, prison time, or community service. Awareness of which drugs are illegal is critical to avoiding legal trouble. Below, we will explore the classification of drugs, specific illegal substances, and their consequences under Colorado law.

Controlled Substances Classification

Drugs are organized into groups called "schedules." These schedules show how dangerous a drug is and whether it has medical use.

Colorado follows federal rules for these classifications. However, the state has its own rules for certain substances like marijuana concentrate. Breaking these rules can lead to serious drug crime charges.

Understanding drug schedules is essential. If you face charges for a controlled substance, knowing which schedule it belongs to can affect your case. An experienced lawyer can help explain the charges and defend you.

Drug Schedules

Drugs are organized into five schedules, each reflecting different levels of risk and legality:

  • Schedule I: These drugs have no accepted medical use and a high potential for abuse. Examples include LSD and heroin.
  • Schedule II: Schedule II drugs, such as fentanyl and cocaine, have accepted medical uses but are highly addictive.
  • Schedule III: Substances like anabolic steroids fall under this category. They have moderate risks of abuse and accepted medical use.
  • Schedule IV: These drugs, such as prescription anti-anxiety medications, have a lower risk of abuse.
  • Schedule V: The least dangerous drugs, such as some over-the-counter medications, fall into this category.

Each schedule determines the severity of charges and penalties if someone is caught with these substances.

Illegal Drugs in Colorado

Illegal drugs in Colorado

Colorado bans many drugs despite its lenient stance on marijuana. Controlled substances classified as Schedule I or II are typically considered the most dangerous.

Schedule I Substances

Schedule I drugs include substances with no accepted medical use. These substances are highly addictive and dangerous. Examples include heroin, LSD, and certain psychedelic drugs. Possessing or distributing these drugs is a serious felony drug offense under Colorado law.

Law enforcement agencies strictly enforce rules against Schedule I substances. Those caught with these drugs may face steep fines and long prison sentences. Addiction treatment or community service may also be required as part of a sentence.

Schedule II Substances

Schedule II drugs, such as fentanyl, cocaine, and methamphetamine, are highly regulated. These drugs have some accepted medical uses but are considered highly addictive. Colorado law treats fentanyl possession with particular severity due to its role in overdose cases.

The fentanyl possession law includes strict penalties for even small amounts. Violators often face felony charges and years in prison. Schedule II drugs are a major focus of law enforcement efforts due to their danger to public health.

Schedule III Substances

Schedule III substances include drugs like anabolic steroids and certain prescription medications. These drugs have accepted medical uses but can lead to abuse. Compared to Schedule I or II drugs, Schedule III substances carry lighter penalties.

However, possessing or distributing Schedule III drugs without a prescription is still a crime. Repeat offenders or those caught with large quantities may face felony charges.

Schedule IV Substances

Schedule IV drugs include prescription anti-anxiety medications and non-barbiturate sleep medications. These drugs are less likely to be abused but are still regulated. Common examples are Xanax and Ambien.

Possessing these drugs without a prescription violates Colorado law. Offenders may face misdemeanor or felony charges, depending on the distribution quantity and intent.

Schedule V Substances

Schedule V drugs have the lowest risk of abuse and are often available over the counter. They include medications like cough syrups containing small amounts of codeine. While less regulated, using Schedule V drugs improperly can still lead to legal trouble.

Colorado enforces rules to prevent misuse of these substances. Charges for Schedule V violations are typically less severe but can still result in fines or probation.

Specific Considerations in Colorado

Colorado has unique drug laws compared to other states. Some substances, like marijuana, are legal under specific regulations. However, other drugs, such as psilocybin mushrooms and fentanyl, remain tightly controlled.

Marijuana

Marijuana is legal in Colorado for adults over 21. Medical marijuana is also permitted under the Natural Medicine Health Act. However, strict limits apply to how much marijuana concentrate a person can possess.

Violating these limits, such as possessing excessive amounts or distributing marijuana without a license, can result in felony drug offenses. Marijuana possession laws are complex, so it’s essential to stay informed.

Psilocybin Mushrooms

Psilocybin mushrooms, often called magic mushrooms, are currently decriminalized in Colorado. This means that, in most cases, law enforcement does not prioritize arrests for personal use. However, psilocybin mushrooms are still illegal for recreational use.

Under the Natural Medicine Health Act, Colorado allows certain regulated uses of psilocybin. These include medical or therapeutic purposes in controlled settings. Even so, possessing or distributing these mushrooms outside the law is a crime.

Violations involving psilocybin can lead to serious penalties. Selling or sharing these substances without authorization may result in fines or jail time. Colorado law takes drug offenses seriously, even for substances like psilocybin that have some recognized uses. If you face charges related to psilocybin, legal help is essential.

Fentanyl and Synthetic Opioids

Fentanyl and synthetic opioids are major public health concerns in Colorado. Strict fentanyl possession laws aim to reduce overdose deaths. Even small amounts of fentanyl can lead to felony charges.

Law enforcement agencies treat fentanyl offenses with high priority. If convicted, offenders often face prison, addiction treatment, and long-term consequences.

Legal Consequences of Illegal Drug Possession

Legal consequences of illegal drug possession

Possessing illegal drugs in Colorado can lead to severe legal consequences. The severity of these penalties depends on the drug’s classification, the quantity, and whether intent to distribute is involved.

Misdemeanor vs. Felony Charges

Drug possession charges can be either misdemeanors or felonies. Misdemeanor charges often apply to small amounts of less dangerous drugs. Felony charges apply to larger quantities, more dangerous drugs, or possession with intent to distribute.

Felony drug offenses carry harsher penalties, including longer prison sentences and higher fines. Convictions can also affect housing, employment, and other areas of life.

Recent Legislative Changes in Colorado Drug Laws

Colorado has updated its drug laws in recent years. Based on the Colorado Revised Statutes Title 18 - Criminal Code, here are three notable statutes:

  • Possession of a dangerous or illegal weapon: Under § 18-12-102, it is unlawful to knowingly possess a dangerous weapon, such as a machine gun or short shotgun, or an illegal weapon, such as a blackjack or gas gun. Violations can lead to criminal charges.
  • Use of physical force in defense of a person: Under Criminal Code § 18-1-704, individuals are justified in using physical force to defend themselves or others from imminent unlawful force. However, the degree of force must be appropriate to the threat faced.
  • Possession of drug paraphernalia: Under Criminal Code § 18-18-428, possessing drug paraphernalia with the knowledge that it could be used to consume controlled substances is considered a petty drug offense, punishable by a fine.

Changes include lighter penalties for small amounts of certain drugs and expanded addiction treatment programs. Specialized drug courts also focus on rehabilitation for non-violent drug offenders.

These reforms aim to reduce incarceration rates and focus on treating addiction. However, serious offenses, like fentanyl possession, still face severe punishment under updated laws.

FAQs

What are Schedule II drugs, and why are they regulated?

Schedule II drugs, like fentanyl and cocaine, have accepted medical uses but are highly addictive. Colorado law enforces strict rules to prevent abuse.

Yes, marijuana is legal for adults over 21 and for medical use. However, there are strict limits on possession and distribution.

The Natural Medicine Health Act allows regulated medical use of certain substances, like psilocybin, under specific conditions.

Fentanyl possession laws are strict. Penalties include felony charges, prison time, and mandatory addiction treatment.

Yes, many courts require drug offenders to undergo substance use assessments and attend addiction treatment programs.

Contact Our Federal Drug Lawyers for a Free Case Consultation

Contact our federal drug lawyers for a free case consultation

If you are facing charges for drug crimes in Colorado, get legal help right away. Drug charges, especially those involving a II controlled substance, can lead to serious penalties. These penalties might include prison time, fines, and other long-term consequences.

Perlman Defense Federal Criminal Lawyers know how to handle these cases. Our team has years of experience helping people charged with drug crimes. We work hard to protect your rights and guide you through every step of the legal process.

Whether you are accused of possessing a Schedule II controlled substance, distributing drugs, or violating other drug laws, we can help. We also know how Colorado law interacts with federal laws in drug cases.

Don’t face this alone. Contact us today for a free consultation. We are here to defend you and fight for the best outcome in your case.

Perlman Defense Federal Criminal Lawyers - Los Angeles, CA Office
Daniel Perlman
CRIMINAL DEFENSE ATTORNEY

Daniel R. Perlman, the founding attorney at Perlman Defense Federal Criminal Lawyers, leverages his extensive background as a former prosecutor to provide superior defense strategies for clients across federal courtrooms. Earning his Juris Doctor from the Catholic University of America's Columbus School of Law, he first honed his legal skills with the Maryland State’s Attorney’s Office. 

This diverse experience enables him to advocate effectively, understanding prosecution tactics intimately, which he expertly counters in defense of his clients. With a profound commitment to justice, Daniel leads his team in tackling complex federal cases, from white-collar crimes to violent offenses, ensuring the highest level of defense through every phase of the criminal process.

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