In recent years, possession of personal use amounts of marijuana and medical marijuana has become legal in Colorado, and the charges for possession of small amounts of other drugs have been reduced. However, you can still face serious criminal charges and consequences, including prison, for both drug possession and drug distribution. There are numerous laws that regulate the distribution and cultivation of marijuana and other drugs.

These include, for example:

  • Unlawful use of a controlled substance (C.R.S. 18-18-404)
  • Unlawful distribution, manufacturing, dispensing, sale or possession of a controlled substance, other than marijuana (C.R.S. 18-18-405)
  • Unlawful distribution, manufacturing, dispensing, or sale of marijuana or marijuana concentrate, and unlawful cultivation of marijuana (C.R.S. 18-18-406)
  • Unlawful possession of drug paraphernalia (C.R.S. 18-18-428)
  • Illegal possession of Schedule V substances, including certain narcotics and other pain medication such as opium, codeine, buprenorphine, ethyl morphine, atropine sulfate and diphenoxylate, difenoxin (C.R.S. 18-18-207)

Drug and Marijuana Cases: Legal Challenges, Negotiation & Our Personal Approach

Attorneys Narum and Cohen will conduct a thorough review of the police and drug task force investigations and the alleged “evidence” the prosecution claims to have against you. We will advise you if there were any violations of your rights or serious flaws in the government’s case that warrant legal challenges to suppress or limit evidence at a trial.

Attorneys Narum and Cohen are also very effective negotiators. They are well-versed in the sentencing guidelines used by prosecutors and judges. You can trust that they will explore all options to fight for you and your family in plea negotiations and sentencing.

Attorneys Cohen and Narum also keep on top of the changes in drug laws, which are now geared more toward distinguishing individual use and possession from distribution. These new drug laws also increase the possibility to seal your record if the case is resolved with lower-level possession charges as opposed to distribution charges.

Personalized Approach

In all drug cases, but especially those involving use and possession as opposed to sale and distribution, Attorneys Cohen and Narum know how to gather, organize, and present information to the prosecutor and the Court about your life, your efforts to seek treatment, and the details of your drug use/possession. We work to ensure the Court sees you as a whole individual, not just as a case number.

Mental health issues often go hand and hand with drug use and possession, and some counties have special courts for veterans, mental health, and drug abusers. Bringing this information to light early, rather than hiding it from the prosecutor, may help in plea bargaining and in getting a reduced sentence. Attorneys Cohen and Narum even assist clients in finding and successfully completing drug and mental health treatment programs that best suit their particular financial and other life circumstances.

If you have been accused of marijuana or drug offenses, call attorneys Narum and Cohen now at (720) 445-9779 ext. 1, or email us at [email protected]

“Wobbler” Drug Crimes

Certain drug felonies now can be reduced to misdemeanors once you successfully complete probation or community corrections and a treatment plan mandated by the court.

However, any drug felony with aggravating factors will not be eligible for “wobbler” status.

It is essential to hire an attorney who understands the nuances of sentencing, including which drug crimes are eligible for reduction in seriousness under the “wobbler” laws, how to plead down a charge so that it may become wobbler-eligible, and ultimately, how to help you avoid a felony conviction and incarceration.

Colorado Law “De-felonizes” Some Drug and Marijuana Charges

Pursuant to House Bill 19-1263, which took effect in January 2020, there are now much more favorable limits on sentencing for lower-level possession versus distribution and sale of marijuana and other drugs. Here is a basic summary of the new penalty ranges:

  • Possession of more than 6 ounces of marijuana or more than 3 ounces of marijuana concentrate is a level 1 drug misdemeanor.
  • Possession of 3 ounces or less of marijuana concentrate is a level 2 drug misdemeanor.
  • A person may not be arrested for the petty offense of possession of not more than 2 ounces of marijuana.
  • If convicted of level 1 drug misdemeanor related to unlawful possession of a controlled substance and possession of marijuana or marijuana concentrate, the penalties have now been reduced to a maximum of 180 in the county jail or 2 years probation, with up to 180 days in jail as a condition of or for violation of probation.
    • For a third or subsequent offense, a person may be sentenced to up to 364 days in jail in addition to fines up to $1000.
  • If convicted of a level 2 drug misdemeanor related to unlawful use of a controlled substance, possession of marijuana or marijuana concentrate, unlawful use or possession of certain synthetic controlled substances, or abusing toxic vapors, the penalties have now been reduced to a maximum of up to 120 days in county jail or one year probation, with up to 120 day in jail for a violation of probation.
    • For a third or subsequent offense, a person may be sentenced to up to 180 days in jail and fines up to $500.

Sealing Your Drug and Marijuana Conviction

Peak Legal Services offers affordable rates for sealing marijuana, drug, and other criminal records. Attorneys Cohen and Narum believe you should not be labeled a “criminal” for life on a background check just because of a mistake, lapse of judgment, or drug use due to addiction.  We believe everyone should have a shot at a fresh start.

Sealing your criminal record comes down to knowing how to navigate government red tape, doing thorough research, and submitting the proper argument and court papers.

Doug, Todd, and paralegal Bonnie have decades of experience working with the court system and law enforcement and getting all the right forms filed efficiently.

The following is a brief summary of sealable offenses:

  • Drug offenses are sealable one year after final disposition unless you are convicted of a new criminal offense in that one-year time frame.
  • Certain drug misdemeanor convictions (DMs) are sealable two years after final disposition unless you are convicted of a new criminal offense in that two-year time frame.
  • Certain Level 3 drug felony convictions (DF3s) and level 4 drug felony convictions (DF4s) are sealable three years after final disposition unless you are convicted of a new criminal offense in that three-year time frame.
  • Certain Level 2 drug felony convictions (DF2s) may be sealable depending on the details of the case.
  • Level 1 drug felony convictions (DF1s) are not sealable.

You can read more about sealing your criminal record here.

If you have been accused of marijuana or drug offenses, call attorneys Narum and Cohen now at (720) 445-9779 ext. 1, or email us at [email protected].

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