Drug possession in Colorado is not something to take lightly. In our state, it is an offense to possess illegal drugs or controlled substances without authorization. In fact, according to statistics from the Colorado Bureau of Investigation, there were 10,621 total drug-related arrests statewide in 2021. If you are an individual convicted of drug possession in Colorado, it’s natural to feel overwhelmed in the face of the potential consequences: massive fines, lengthy imprisonment, a criminal record, and other devastating penalties.

If you’re under investigation for drug possession in your area, you need to hire a skilled Colorado criminal defense attorney right away. At The Leier Law Office LLC, we’re committed to strategically defending individuals who have been arrested for drug possession. Our experienced attorney can investigate all of the facts of your case and craft a strong defense in pursuit of the most favorable outcome for your unique situation.

The Leier Law Office LLC proudly serves clients across Fort Collins, Colorado, and the surrounding communities of Evans, Greeley, Windsor, and Loveland. Set up a consultation today.

Understanding Colorado Drug Possession Laws

According to Colorado laws, it is an offense to possess or have physical control over illicit drugs or controlled substances—such as heroin, ecstasy, opium, or cocaine—without having the necessary authorization. However, keep in mind that medical and recreational use of marijuana is legal in Colorado. Adults who are at least 21 years are allowed to possess up to one (1) ounce of marijuana.

Elements of Possession

In Colorado, it is illegal for someone to knowingly possess a drug without a valid prescription or authorization from a qualified medical practitioner. However, to find a defendant guilty of drug possession, the prosecutor must establish the following elements beyond a reasonable doubt:

The accused person possessed the unlawful drug or controlled substance.
The drug is listed on a schedule of controlled substances in the state.
The defendant knew—or should have known—about the presence and nature of the controlled substances.

An experienced Colorado drug possession attorney can investigate every aspect of your case and determine the best way to help fight your charges.

Accused of Drug Possession?

Contact Our Team

Types of Drug Possession

Drug possession in Colorado may be categorized as actual or constructive possession.

Actual Possession

A defendant may be facing actual drug possession charges for holding, physically touching, or having physical control of the drugs. For instance, having cocaine in your pocket may qualify as actual possession.

Constructive Possession

A defendant may be facing constructive drug possession charges for having the controlled substances or drugs within their vicinity, under their care or control, but not physically on them. For example, having ecstasy in your vehicle’s glove compartment could be considered constructive possession.

If you or someone close to you has been arrested or indicted for drug possession, you need to get in touch with a criminal defense lawyer as soon as possible. Your legal representative can assess your case details and help you understand the nature and potential penalties of your allegations.

Possible Penalties

Drug possession may be charged as a misdemeanor or felony offense in Colorado. Depending on the drug schedule, defendant’s criminal history, quantity of drugs, and other aggravating or mitigating circumstances, a defendant convicted of drug possession may be subject to any of these penalties:

Prison sentences (ranging from months, years, or decades)
Hefty fines and court fees
A criminal record/history
Probation
Community service
Loss of voting rights
Inability to possess, own, or carry firearms
Mandatory drug treatment classes
Increased difficulty in getting public benefits or government assistance
Ineligibility for some financial loans
Increased difficulty in securing employment
Increased difficulty in access to educational opportunities
Possible deportation or inadmissibility to the United States
Increased difficulty traveling abroad

A Colorado drug possession lawyer can step in quickly and take action to protect you and your rights.

Work With a Seasoned Criminal Defense Attorney

Trying to handle drug accusations without experienced guidance and representation on your side is never a good idea. When charged with drug possession, you need to reach out for help.

At The Leier Law Office LLC, our attorney is proud to defend individuals throughout Colorado who are experiencing some of the most difficult times in their lives. As a former prosecutor, Attorney Kent J. Leier has developed strong relationships with all current judges and is ready to use these relationships to help you move forward. These