The legal distinction between drug possession and drug distribution is crucial, especially in Colorado, where drug laws have undergone significant changes in recent years.
While Colorado has legalized marijuana for both recreational and medicinal use, it remains a criminal offense to possess, distribute, or manufacture illegal drugs.
Additionally, laws regarding controlled substances are governed by both state and federal regulations, which can complicate charges. At The Leier Law Office, LLC in Fort Collins, Colorado, we strive to protect your rights. As a criminal defense attorney, here's what you need to know when one charge transitions into another.
Drug Possession vs. Drug Distribution
At the heart of drug-related criminal charges lies the distinction between drug possession and drug distribution. These terms may sound straightforward, but their legal interpretations are nuanced.
Drug possession refers to the act of having controlled substances (illegal drugs or legal drugs not prescribed for personal use) in one's control, either on their person or within their immediate surroundings.
In Colorado, possession of controlled substances like cocaine, heroin, methamphetamine, and certain prescription drugs can lead to criminal penalties. However, Colorado law distinguishes between simple possession and possession with intent to distribute, which can elevate the severity of charges.
Drug distribution, on the other hand, refers to the act of selling, delivering, or otherwise transferring controlled substances to others. It doesn't necessarily involve the sale or exchange of drugs for money; distribution can involve sharing or even giving drugs away.
The charge of distribution is typically more serious than simple possession due to its potential to impact public health and safety on a larger scale.
In Colorado, whether a person is charged with possession or distribution hinges on a variety of factors, often based on circumstantial evidence and the quantity of drugs involved.
Key Factors in Determining Distribution
Law enforcement and prosecutors typically use these factors to determine whether drug possession has escalated into distribution:
Drug Quantity
Colorado law provides guidelines for what constitutes personal use versus distribution amounts, and these thresholds are crucial in determining whether possession becomes distribution.
For example, while possession of marijuana is legal in Colorado for adults over 21, possessing more than one ounce of marijuana could result in criminal charges for possession with intent to distribute, especially if the quantity exceeds personal use guidelines.
Similarly, possession of large quantities of other drugs—such as cocaine, heroin, or methamphetamine—may raise suspicion that the drugs aren't for personal use but are being distributed.
Packaging and Distribution Materials
The presence of drug paraphernalia, such as baggies, scales, or large sums of cash, can be used as evidence that a person isn't merely possessing drugs for personal use but is instead preparing to sell or distribute them.
The way drugs are packaged can also be a strong indicator of intent to distribute. For example, drugs that are separated into smaller, individual packages are often seen as indicative of an intention to sell or distribute them.
Statements or Confessions
Statements made by the accused, whether to law enforcement or others, can provide direct evidence of intent to distribute. It's for this reason that it's crucial not to answer any questions without your criminal defense attorney present.
For example, if an individual admits to selling drugs or shares plans to sell drugs, their actions may be interpreted as evidence of drug distribution. Even an unsolicited admission or casual remark about having drugs for sale can play a significant role in turning a possession charge into a distribution charge.
Prior Criminal History
A person's prior criminal history can also influence whether drug possession is escalated to distribution. Those with previous arrests or convictions for drug-related crimes, especially distribution or trafficking, may be subject to heightened scrutiny.
A pattern of behavior may suggest to law enforcement that the person is involved in drug distribution, even if the quantity of drugs found isn't extraordinarily large.
Consider working with an experienced criminal defense attorney to help reduce the risk of prior convictions being used against you, especially because the penalties for possession can vary.
Colorado Drug Possession Laws
Possession laws cover both recreational drugs, such as marijuana, and illegal drugs, including cocaine, methamphetamine, and heroin.
Possession of Controlled Substances
Colorado’s laws on drugs, such as cocaine, heroin, methamphetamine, and prescription drugs, are more severe than marijuana laws. Possessing these substances can lead to felony charges, even for relatively small amounts. For example:
Cocaine possession: Possession of cocaine in Colorado is illegal, with varying penalties based on the amount. Possession of less than 4 grams is a class one drug misdemeanor, while possession of larger quantities can result in more serious felony charges.
Heroin possession: Similarly, heroin possession is illegal in Colorado, with penalties based on the quantity. Possession of less than 4 grams is a class one drug misdemeanor, but possession of greater amounts can lead to harsher sentences.
Methamphetamine possession: Methamphetamine, like heroin and cocaine, is a controlled substance in Colorado. Possession of less than 4 grams is a class one drug misdemeanor, with more significant penalties for larger amounts.
Possessing these drugs with the intent to distribute can lead to much harsher penalties than simple possession. Intent to distribute is presumed if the quantity exceeds personal-use amounts or if other evidence suggests distribution activities.
Possession With Intent to Distribute
Colorado Revised Statutes (C.R.S.) Section 18-18-405 outlines that the penalties for possession with intent to distribute vary based on the type and quantity of the substance involved.
The penalties for distribution are also influenced by factors such as the proximity to schools or minors, whether the person has prior offenses, and the severity of the drug involved.
For example:
Cocaine distribution: If a person is found in possession of a larger quantity of cocaine they may be charged with felony distribution, and the penalties can include years of imprisonment.
Methamphetamine distribution: Similar to cocaine, distributing methamphetamine in large quantities is treated harshly under Colorado law, with long prison sentences for those convicted of trafficking or selling significant amounts.
In many cases, the amount of drugs found in a person’s possession is one of the strongest indicators that possession has crossed the line into distribution.
If you're being charged with possession with intent to distribute, don't hesitate to reach out to attorney Kent J. Leier, an experienced criminal defense attorney, today to help protect your rights and provide a legal defense.
Legal Defenses to Drug Possession and Distribution Charges
With a criminal defense attorney on your side, you may argue that the drugs weren't in your possession, that you were coerced into possession or distribution, or that law enforcement violated your constitutional rights during the arrest or search process.
Some potential defenses your criminal defense attorney may use include:
Lack of knowledge: The defendant may claim that they were unaware of the presence of drugs in their possession. This defense can be particularly relevant in cases where drugs were found in a shared space, such as a vehicle or a home with multiple occupants.
Unlawful search and seizure: If drugs were found as a result of an illegal search (such as a search without a warrant or probable cause), the defendant could argue that their constitutional rights were violated, leading to the suppression of evidence.
Medical necessity (for marijuana): In cases involving marijuana possession, a defendant may present evidence that they possessed the substance for medical purposes and were authorized to do so under Colorado’s medical marijuana laws.
Entrapment: If law enforcement or another party tricked the defendant into committing a drug distribution offense they otherwise wouldn't have committed, the defendant could assert entrapment as a defense.
Knowing the difference between drug possession and drug distribution charges can help you avoid serious criminal consequences. If you find yourself being charged with either crime, it's in your best interest to contact an experienced criminal defense attorney to help build your case.
Contact a Criminal Defense Attorney Today
A criminal defense attorney can help protect your rights, provide guidance, and strive to minimize potential consequences for criminal charges. Attorney Kent J. Leier serves clients in Fort Collins, Loveland, Greeley, Windsor, and Evans, Colorado. Contact us at The Leier Law Office, LLC today for more information or to schedule a consultation.
