Colorado criminal charge
Unlawful possession of a controlled substance in Colorado
Unlawful possession of a controlled substance is a criminal offense under Colorado law, defined by C.R.S. § 18-18-403.5. 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. § 18-18-403.5.
How is unlawful possession of a controlled substance classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Possession of schedule I/II (>4g), flunitrazepam, ketamine, GHB, or cathinones | level 4 drug felony | Possession of any quantity of flunitrazepam, ketamine, GHB (including salts/isomers), cathinones, or more than four grams of a schedule I or II controlled substance. | 18-18-403.5(2)(a) |
| Possession of schedule I/II (≤4g) or schedule III/IV/V (excluding flunitrazepam, GHB, ketamine) | level 1 drug misdemeanor | Possession of not more than four grams of a schedule I or II substance, or any quantity of a schedule III, IV, or V substance other than flunitrazepam, GHB, or ketamine. | 18-18-403.5(2)(c) |
| Fourth or subsequent offense under (2)(c) | level 4 drug felony | A fourth or subsequent offense for violation of subsection (2)(c) involving possession of the specified schedule I/II/III/IV/V substances. | 18-18-403.5(2)(c) |
| Possession of fentanyl/carfentanil/benzimidazole opiate analog (1-4 grams) | level 4 drug felony | Possession of a material weighing more than one gram and not more than four grams containing any quantity of fentanyl, carfentanil, benzimidazole opiate, or an analog thereof. | 18-18-403.5(2.5)(a)(I) |
| Possession of fentanyl/carfentanil/benzimidazole opiate analog (≤1 gram) | level 1 drug misdemeanor | Possession of a material weighing not more than one gram containing any quantity of fentanyl, carfentanil, benzimidazole opiate, or an analog thereof. | 18-18-403.5(2.5)(a)(II) |
| Fourth or subsequent offense under (2.5)(a)(II) | level 4 drug felony | A fourth or subsequent offense for violation of subsection (2.5)(a)(II) involving possession of a small quantity (≤1 gram) fentanyl-type substance. | 18-18-403.5(2.5)(a)(II) |
| Reasonable mistake of fact as to fentanyl content | level 1 drug misdemeanor | When the finder of fact determines the defendant made a reasonable mistake of fact and did not know the substance contained fentanyl, carfentanil, benzimidazole opiate, or an analog thereof, despite the amount otherwise qualifying under (2.5)(a)(I). | 18-18-403.5(2.5)(b) |
| Possession of high-concentration fentanyl/carfentanil/benzimidazole opiate mixture (>60% composition) | level 2 drug felony | Possession of a material, compound, mixture, or preparation in which fentanyl, carfentanil, benzimidazole opiate, or an analog thereof constitutes more than sixty percent of the total composition. | 18-18-403.5(2.7)(a) |
Common questions about unlawful possession of a controlled substance in Colorado
Is unlawful possession of a controlled substance a felony or a misdemeanor in Colorado?
It depends on the circumstances: unlawful possession of a controlled substance ranges from a level 1 drug misdemeanor to a level 2 drug felony in Colorado under C.R.S. § 18-18-403.5.
Possession of schedule I/II (>4g), flunitrazepam, ketamine, GHB, or cathinones: level 4 drug felony (C.R.S. § 18-18-403.5(2)(a)) · Possession of schedule I/II (≤4g) or schedule III/IV/V (excluding flunitrazepam, GHB, ketamine): level 1 drug misdemeanor (C.R.S. § 18-18-403.5(2)(c)) · Fourth or subsequent offense under (2)(c): level 4 drug felony (C.R.S. § 18-18-403.5(2)(c)) · Possession of fentanyl/carfentanil/benzimidazole opiate analog (1-4 grams): level 4 drug felony (C.R.S. § 18-18-403.5(2.5)(a)(I)) · Possession of fentanyl/carfentanil/benzimidazole opiate analog (≤1 gram): level 1 drug misdemeanor (C.R.S. § 18-18-403.5(2.5)(a)(II)) · Fourth or subsequent offense under (2.5)(a)(II): level 4 drug felony (C.R.S. § 18-18-403.5(2.5)(a)(II)) · Reasonable mistake of fact as to fentanyl content: level 1 drug misdemeanor (C.R.S. § 18-18-403.5(2.5)(b)) · Possession of high-concentration fentanyl/carfentanil/benzimidazole opiate mixture (>60% composition): level 2 drug felony (C.R.S. § 18-18-403.5(2.7)(a))
Which Colorado statute covers unlawful possession of a controlled substance?
Unlawful possession of a controlled substance is governed by C.R.S. § 18-18-403.5 (Unlawful possession of a controlled substance - notice to revisor of statutes - repeal).
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.