Drug Possession & Sale

Denver Drug Possession Defense Attorneys

Also Serving Brighton, Thornton, Commerce City and surrounding communities.

Colorado Drug Laws Have Changed—An Experienced Drug Crime Attorney Can Help You Understand How These Changes May Affect You

Though it is now legal to possess marijuana in small quantities in the state of Colorado, new Colorado drug laws that became effective October 1, 2013 have reclassified all felony drug offenses in special classes of drug felonies (DF1-4). As with other felonies, the lower the classification number, the more serious the felony. For example, a DF1 crime would involve a case where a large quantity of a Schedule I or Schedule II substance is being distributed—more than eight ounces for some substances and more than four ounces for others. In the case of marijuana, a person may face a DF1 felony charge for distributing more than 2.5 pounds. For a DF1 crime, prison is mandatory for a term of 8-32 years. DF2 crimes would involve distribution of lower amounts, and so forth, down to the DF3 drug charge. A DF4 charge represents significant changes in the law which requires the sentencing court to exhaust all treatment and rehabilitation efforts before a DF4 drug offender may be sentenced to prison.  These recent changes in the law reflect a resistance to incarcerating offenders for low level felony drug possession charges. Possession of more than 12 ounces of marijuana would be a DF4 offense that would carry the presumption for treatment and rehabilitation, as would low quantity drug distribution cases involving four grams or less. If you have been arrested on a drug charge, it is important to contact an experienced Colorado drug attorney as soon as possible to evaluate your case and advise you with regard to which type of drug offense you are facing and the potential penalties involved.

If you have been charged with a criminal case of drug possession or sales and are convicted, you could be facing thousands of dollars in fines, incarceration, and loss of driving privileges, child custody, property, financial aid, and the right to vote or carry a gun. Prompt action is crucial to fighting drug charges. You need an aggressive defense, and Decker & Jones is experienced in presenting such a defense.

Drug Offenses Are not Minor; Nor Are the Consequences

In the state of Colorado, drug charges vary according to the amount and the type of drugs found. Less than an ounce of marijuana is considered a petty offense. However, any usable quantity of a controlled substance, such as cocaine, methamphetamine, mushrooms, or ecstasy, will result in more severe charges, and larger amounts may result in a mandatory sentence. Almost all drug offenses will result in expensive fines and driver’s license restrictions.

Methamphetamine, also known simply as “meth,” is a growing problem in Colorado and nationwide, and legal issues associated with meth are very difficult to resolve. For our clients who are facing drug charges related to meth and other drugs, we can assist in locating and setting you up in a drug treatment program before you go to trial in order to secure needed treatment and demonstrate to the prosecution and the judge your efforts to get clean, stay clean, and turn your life around.

What NOT to Do If You are Arrested for Drugs

If you run afoul of the law and your situation involves drugs of any kind, though you may have a very good explanation, we strongly recommend against talking to law enforcement or to anyone else without first consulting with a criminal defense attorney. Police may offer to forego charges against you in exchange for your work as a confidential informant (i.e., serving as a “snitch” and setting others up for drug arrests). Do not enter into any agreement of this nature without speaking to an attorney first. These so-called snitch agreements are dangerous for you, and they are usually not enforceable should the police fail to uphold their end of the agreement, as often happens in these arrangements. We may be able to have your charges reduced or dismissed, depending upon your circumstances. If you retain our services, we will review all the evidence against you, and we will question the weight of drugs and the testing completed by the state. These are crucial steps to fighting the charges against you.

Driving Under the Influence of Marijuana

An unfortunate by-product of the legalization of marijuana is that police now subject drivers to a higher level of scrutiny on routine traffic stops to ensure that the driver is not operating the vehicle under the influence of marijuana. A driver whose blood contains five nanograms or more of THC may be charged with Driving Under the Influence of Drugs. The Colorado Senate recently passed this provision in an attempt to define a legal limit similar to blood alcohol content limits that have been proscribed. The problem is that, unlike alcohol, the science is far from settled on the issue of how much THC corresponds with impaired driving.  So many factors play a role in whether a driver is actually impaired from the ingestion of THC, such as tolerance and the length of time elapsed between using marijuana and driving. In addition, regular users of THC may easily register 5ng/ml even on days when they have not used marijuana at all. Criminal lawyers anticipate significant battles in court over this new charge and the related blood testing, and it is our belief that, as it stands, a jury will likely be the only saving grace in cases involving non-impaired users of marijuana being criminally charged.

Driving Under the Influence of Other Drugs

All too often, people are charged with Driving Under the Influence of Drugs when they are, in fact, prescribed medications. Some medications come with clear warnings against driving while taking them; others do not. For example, our criminal law firm has seen people charged with Driving Under the Influence of Drugs for having therapeutic levels of an anti-anxiety medication, such as Klonopin, in their system. The science is far from settled on the issue, though it supports the assertion that a person who has been taking an anti-anxiety medication for a length of time sufficient to have developed a tolerance to its effects may not be impaired at all. We often see Driving Under the Influence of Drug charges after a car accident. The police have a tendency to blame a substance for an accident whenever possible despite the fact that accidents do, in fact, happen with or without the influence of a prescribed medication. It is important to have an experienced drug defense lawyer who is knowledgeable regarding revisions to state laws and the current science on testing methods. Understanding these methods is often the key to showing the prosecutor, and then a jury if necessary, that a person was not impaired at all by the medication.

Contact Decker & Jones Today for a Free Consultation Regarding Drug Charges

To benefit from nearly three decades of combined legal experience that is available at Decker & Jones, simply fill out the convenient online contact form or call our Golden or Denver offices at (303) 573-5253. When you contact Decker & Jones to schedule a free initial consultation and learn about the legal options available, your call will be returned within two hours. We accept credit cards and can also create payment plans for our clients in need. Contact Decker & Jones today for a free consultation.