Colorado criminal charge
Unlawful distribution, manufacturing, dispensing, or sale in Colorado
Unlawful distribution, manufacturing, dispensing, or sale is a criminal offense under Colorado law, defined by C.R.S. § 18-18-405. Its classification is not fixed: Colorado assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by C.R.S. § 18-18-405.
What is the penalty for unlawful distribution, manufacturing, dispensing, or sale in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 2 years to 4 years (Level 3 drug felony — smaller weight thresholds — The violation involves a material weighing not more than 14 grams of schedule I/II, not more than 7 grams of methamphetamine/heroin/ketamine/cathinones, not more than 10 milligrams of flunitrazepam, more than 4 grams of schedule III/IV, or not more than 4 grams of fentanyl/carfentanil/benzimidazole opiate or analog, except as provided in subsection (8).; aggravated range 4-6 years) | presumptive | C.R.S. § 18-1.3-401.5 |
| Fine | 2000 usd to 500000 usd (Level 3 drug felony — smaller weight thresholds — The violation involves a material weighing not more than 14 grams of schedule I/II, not more than 7 grams of methamphetamine/heroin/ketamine/cathinones, not more than 10 milligrams of flunitrazepam, more than 4 grams of schedule III/IV, or not more than 4 grams of fentanyl/carfentanil/benzimidazole opiate or analog, except as provided in subsection (8).) | discretionary | C.R.S. § 18-1.3-401.5 |
| Parole / supervision | 1 years to 1 years (Level 3 drug felony — smaller weight thresholds — The violation involves a material weighing not more than 14 grams of schedule I/II, not more than 7 grams of methamphetamine/heroin/ketamine/cathinones, not more than 10 milligrams of flunitrazepam, more than 4 grams of schedule III/IV, or not more than 4 grams of fentanyl/carfentanil/benzimidazole opiate or analog, except as provided in subsection (8).; mandatory parole) | mandatory | C.R.S. § 18-1.3-401.5 |
| Jail / prison | 6 months to 12 months (Level 4 drug felony — small schedule III/IV amount or social sharing — The violation involves not more than 4 grams of a schedule III/IV controlled substance, or involves distribution for contemporaneous joint consumption of not more than 4 grams of schedule I/II or 2 grams of methamphetamine/heroin/ketamine/cathinones, except as otherwise provided.; aggravated range 1-2 years) | presumptive | C.R.S. § 18-1.3-401.5 |
| Fine | 1000 usd to 100000 usd (Level 4 drug felony — small schedule III/IV amount or social sharing — The violation involves not more than 4 grams of a schedule III/IV controlled substance, or involves distribution for contemporaneous joint consumption of not more than 4 grams of schedule I/II or 2 grams of methamphetamine/heroin/ketamine/cathinones, except as otherwise provided.) | discretionary | C.R.S. § 18-1.3-401.5 |
| Parole / supervision | 1 years to 1 years (Level 4 drug felony — small schedule III/IV amount or social sharing — The violation involves not more than 4 grams of a schedule III/IV controlled substance, or involves distribution for contemporaneous joint consumption of not more than 4 grams of schedule I/II or 2 grams of methamphetamine/heroin/ketamine/cathinones, except as otherwise provided.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401.5 |
| Jail / prison | 6 months to 18 months (Level 1 drug misdemeanor — schedule V or minor transfer — The violation involves a schedule V controlled substance, or a transfer with no remuneration of not more than 4 grams of a schedule III or IV controlled substance.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | 500 usd to 5000 usd (Level 1 drug misdemeanor — schedule V or minor transfer — The violation involves a schedule V controlled substance, or a transfer with no remuneration of not more than 4 grams of a schedule III or IV controlled substance.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | 6 months to 18 months (Level 1 drug misdemeanor — overdose reporting exception for small amounts — For a violation under (2)(c)(I), (2)(c)(II), (2)(c)(V), or (2)(d) involving not more than 4 grams, the offense is reduced to this misdemeanor level (except manufacturing) if the defendant reports an overdose emergency in good faith, stays at the scene, cooperates, and identifies himself or herself, per conditions in (8)(a)-(e).) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | 500 usd to 5000 usd (Level 1 drug misdemeanor — overdose reporting exception for small amounts — For a violation under (2)(c)(I), (2)(c)(II), (2)(c)(V), or (2)(d) involving not more than 4 grams, the offense is reduced to this misdemeanor level (except manufacturing) if the defendant reports an overdose emergency in good faith, stays at the scene, cooperates, and identifies himself or herself, per conditions in (8)(a)-(e).) | discretionary | C.R.S. § 18-1.3-501 |
Applies to offenses on/after 2013-10-01.
How is unlawful distribution, manufacturing, dispensing, or sale classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Level 3 drug felony — smaller weight thresholds | level 3 drug felony | The violation involves a material weighing not more than 14 grams of schedule I/II, not more than 7 grams of methamphetamine/heroin/ketamine/cathinones, not more than 10 milligrams of flunitrazepam, more than 4 grams of schedule III/IV, or not more than 4 grams of fentanyl/carfentanil/benzimidazole opiate or analog, except as provided in subsection (8). | 18-18-405(2)(c) |
| Level 4 drug felony — small schedule III/IV amount or social sharing | level 4 drug felony | The violation involves not more than 4 grams of a schedule III/IV controlled substance, or involves distribution for contemporaneous joint consumption of not more than 4 grams of schedule I/II or 2 grams of methamphetamine/heroin/ketamine/cathinones, except as otherwise provided. | 18-18-405(2)(d) |
| Level 1 drug misdemeanor — schedule V or minor transfer | level 1 drug misdemeanor | The violation involves a schedule V controlled substance, or a transfer with no remuneration of not more than 4 grams of a schedule III or IV controlled substance. | 18-18-405(2)(e) |
| Level 1 drug misdemeanor — overdose reporting exception for small amounts | level 1 drug misdemeanor | For a violation under (2)(c)(I), (2)(c)(II), (2)(c)(V), or (2)(d) involving not more than 4 grams, the offense is reduced to this misdemeanor level (except manufacturing) if the defendant reports an overdose emergency in good faith, stays at the scene, cooperates, and identifies himself or herself, per conditions in (8)(a)-(e). | 18-18-405(8) |
Common questions about unlawful distribution, manufacturing, dispensing, or sale in Colorado
Is unlawful distribution, manufacturing, dispensing, or sale a felony or a misdemeanor in Colorado?
It depends on the circumstances: unlawful distribution, manufacturing, dispensing, or sale ranges from a level 1 drug misdemeanor to a level 3 drug felony in Colorado under C.R.S. § 18-18-405.
Level 3 drug felony — smaller weight thresholds: level 3 drug felony (C.R.S. § 18-18-405(2)(c)) · Level 4 drug felony — small schedule III/IV amount or social sharing: level 4 drug felony (C.R.S. § 18-18-405(2)(d)) · Level 1 drug misdemeanor — schedule V or minor transfer: level 1 drug misdemeanor (C.R.S. § 18-18-405(2)(e)) · Level 1 drug misdemeanor — overdose reporting exception for small amounts: level 1 drug misdemeanor (C.R.S. § 18-18-405(8))
What are the penalties for unlawful distribution, manufacturing, dispensing, or sale in Colorado?
Penalties for unlawful distribution, manufacturing, dispensing, or sale in Colorado depend on how it is classified — from a level 1 drug misdemeanor up to a level 3 drug felony — with the ranges set by C.R.S. § 18-1.3-401.5 and C.R.S. § 18-1.3-501; the full table of ranges by variant is published on this page.
Which Colorado statute covers unlawful distribution, manufacturing, dispensing, or sale?
Unlawful distribution, manufacturing, dispensing, or sale is governed by C.R.S. § 18-18-405 (Unlawful distribution, manufacturing, dispensing, or sale).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.