Possession With Intent To Distribute

Drug Possession With Intent to Distribute Lawyer in Denver, CO

Selling drugs is illegal, but it’s also illegal to possess drugs with the intent to sell them. When someone is caught with a large amount of a given substance, it’s presumed that they intend to distribute it, which can result in them being charged with possession with intent to distribute. 

Drug possession with intent to distribute is a serious crime in Colorado, carrying harsh penalties that can include a lengthy prison sentence, a significant fine, and a permanent mark on your criminal record. With stakes this high, you need an attorney who has the experience and skill to fight for your rights and protect your future.

If you’re facing charges of drug possession with intent to distribute in Denver, Colorado, it’s crucial to have a skilled and knowledgeable lawyer by your side. At WeedenLaw, we understand the severity of these charges and the impact they can have on your life. Colorado drug crime lawyer Jeff Weeden is dedicated to providing aggressive and effective legal representation to individuals facing drug-related offenses.

Call (720) 307-4330 or complete our online intake form to schedule a free consultation with Attorney Jeff Weeden regarding your case today. 

What is Intent to Distribute?

In Colorado, a person commits unlawful distribution of drugs if they knowingly manufacture, dispense, sell, or distribute a controlled substance, which includes illegal drugs (aside from marijuana) and prescription medications. According to CRS 18-18-405, they can also be charged with the same crime if they possess drugs with the intent to manufacture, dispense, sell, or distribute them, or if they possess one or more chemicals or supplies intended to manufacture drugs.

It’s important to note that, while recreational marijuana use is legal in Colorado, there are still a number of restrictions on the possession, use, growth, sale, and distribution of marijuana and marijuana concentrate. If you have been charged with a marijuana crime in Colorado, a drug crime lawyer at WeedenLaw can help defend against your criminal charges. 

Colorado Laws on Controlled Substances

All states classify different illicit substances into “schedules,” which are categorized based on things like the drug’s potential for abuse or dependency or its potential for medical use. Schedule I drugs are considered to be the most dangerous, while Schedule V drugs are considered to be the least dangerous of the illegal substances.

Schedule I Controlled Substance

In Colorado, Schedule I substances are substances that have a high potential for abuse and have no accepted medical use. These include substances like LSD, PCP, heroin, magic mushrooms, and peyote.

Schedule II Controlled Substance

Similar to Schedule I substances, Schedule II substances in Colorado have a high potential for abuse, but they have an accepted medical use. Schedule II substances include cocaine, amphetamines, and opiates.

Schedule III Controlled Substance

Colorado defines Schedule III substances as substances that have a moderate potential for abuse and have an accepted medical use, like barbiturates, codeine, ketamine, and anabolic steroids.

Schedule IV Controlled Substance

Schedule IV substances are substances with a low potential for abuse and an accepted medical use, but they have a potential for physical or psychological dependence. In Colorado, Schedule IV drugs include sedatives like Ativan, Valium, and Ambien.  

Schedule V Controlled Substance

In Colorado, Schedule V controlled substances have a low potential for abuse, an accepted medical use, and a low potential for physical or psychological dependence. These include drugs like buprenorphine, an opiate used to treat drug abuse. It also includes certain amounts of drugs like codeine and opium, which are often used in small doses for legitimate medical treatment.

Is Possession With Intent to Distribute a Felony?

Yes, possession with intent to distribute can result in a felony in Colorado. However, the severity of the charge depends on the schedule of the substance and the amount of the substance in a person’s possession. Below are the different levels of possession with intent to distribute as defined by Colorado law.

Possession With Intent Level 1 Felony

Someone can be charged with a level 1 drug felony if they sell, dispense, manufacture, or have possession of a substance that weighs:

• More than 225 grams and contains a Schedule I or II substance
• More than 112 grams and contains methamphetamine, heroin, ketamine, or cathinone
• More than fifty milligrams and contains flunitrazepam (Rohypnol)
• More than fifty milligrams and contains fentanyl, carfentanil, benzimidazole opiate, or an analog substance

Possession With Intent Level 2 Felony

Someone can be charged with a level 2 drug felony if they sell, dispense, manufacture, or have possession of a substance that weighs:

• More than fourteen grams, but less than two hundred twenty-five grams, and contains a Schedule I or II substance
• More than seven grams, but less than one hundred twelve grams, and contains methamphetamine, heroin, ketamine, or cathinone
• More than ten milligrams, but less than fifty milligrams, and contains flunitrazepam
• More than four grams, but less than fifty milligrams, and contains fentanyl, carfentanil, benzimidazole opiate, or an analog substance

Possession With Intent Level 3 Felony

Someone can be charged with a level 3 drug felony if they sell, dispense, manufacture, or have possession of a substance that weighs:

• Less than fourteen grams and contains a Schedule I or II substance
• Less than seven grams and contains methamphetamine, heroin, ketamine, or cathinone
• Less than ten milligrams and contains flunitrazepam
• Less than four grams and contains fentanyl, carfentanil, benzimidazole opiate, or an analog substance

Possession With Intent Level 4 Felony

Someone can be charged with a level 4 drug felony if they sell, dispense, manufacture, or have possession of a substance that weighs: 

• Less than 4 grams of a Schedule III or IV substance

Possession With Intent Level 1 Misdemeanor

Someone can be charged with a level 1 drug misdemeanor if they: 

• Sell, dispense, manufacture, or have possession of a Schedule V substance
• Transfer less than four grams of a Schedule III or IV substance to someone without the exchange of money

It’s important to note that the circumstances surrounding the alleged crime can change the severity of the charge, like selling certain substances to minors. If you’re facing charges of possession with intention to distribute a controlled substance, a Denver drug crime attorney at WeedenLaw can help you understand the severity of the charges against you. 

Like any felony, drug felonies are serious crimes that can have serious consequences, like massive fines and jail time. Not only that, but a felony charge can have long-lasting consequences on a person’s life, affecting their ability to find housing, gain employment, and practice their right to vote. 

Penalties for Possession With Intent in Colorado

Under Colorado law, there are different penalties for possession with intent to distribute, which are based on the severity of the drug crime. Below are the general penalties for possession with intent to distribute a controlled substance. 

• Level 1 drug felony: Between 8-32 years in prison and/or $5,000-$1,000,000 in fines
• Level 2 drug felony: Between 4-8 years in prison and/or $3,000-$750,000 in fines
• Level 3 drug felony: Between 2-4 years in prison and/or $2,000-$500,000 in fines
• Level 4 drug felony: Between 6 months to 1 year in prison and/or $1,000-$100,000 in fines
• Level 1 drug misdemeanor: Between 6-18 months in jail and/or $500-$5,000 in fines

Anyone convicted of a drug crime in Colorado may also be subjected to a drug offender surcharge, which will be based on the severity of their offense. 

Additionally, the mandatory sentencing provisions for these crimes may be modified based on the circumstances surrounding the crime. This means that, in certain cases, a person may face harsher punishments or be faced with a modified presumptive sentencing range as a result of the circumstances of their drug crime. 

Statute of Limitations On Possession With Intent to Distribute

In Colorado, the statute of limitations on possession with intent to distribute is three years for felony drug crimes and 18 months for misdemeanor crimes. The statute of limitations is the amount of time after the alleged crime occurs that state prosecutors have to charge someone with a crime. After that time is up, the state normally can’t bring charges against anyone in connection with the alleged crime. 

Why You Need an Experienced Denver Drug Crime Lawyer

Facing charges of possession with intent to distribute illegal substances in Colorado is a serious matter that requires the legal assistance of a skilled drug crime lawyer to mitigate. With extensive knowledge of Colorado’s criminal justice system and specific drug laws, criminal defense attorneys like those at WeedenLaw are equipped to mount a strategic defense tailored to the unique circumstances of each case. 

Our experienced drug crime lawyers have a proven track record in handling cases involving possession with intent to distribute. They understand law enforcement tactics and can advocate vigorously for their client’s rights, whether by disputing search and seizure procedures, challenging evidence, or negotiating with prosecutors for favorable outcomes. 

If you’re facing charges of possession with intent to distribute illegal substances in Denver, Colorado, don’t navigate the complexities of your criminal case alone. Denver criminal defense attorney Jeff Weeden has extensive experience in drug crime defense. With his knowledge, dedication, and personalized approach, he can vigorously advocate for your rights and work tirelessly to achieve the best possible outcome for your case. Call our law firm at (720) 307-4330 to learn more about what Attorney Weeden and his legal team can do for you. 

Possible Defenses For Colorado Possession With Intent

When facing possession with intent to distribute charges in Colorado, there are several defenses that a skilled drug crime lawyer may use to challenge the prosecution’s case. Some possible defenses include:

• Lack of intent to distribute the substance
• Illegal search and seizure 
• Lack of knowledge of the substance(s)
• Entrapment
• Unreliable or insufficient evidence
• Violation of Miranda Rights
• Substances were being used for legitimate medical purposes

These are just a few potential defenses that may be utilized in cases of possession with intent to distribute illegal substances in Colorado. The specific defense strategy will depend on the unique circumstances of each case and should be developed in collaboration with a knowledgeable and experienced drug crime lawyer.

Call Denver Criminal Defense Attorney Jeff Weeden at WeedenLaw Today

When facing criminal charges in Denver, Colorado, having a skilled and experienced defense attorney on your side can make all the difference. At WeedenLaw, led by Attorney Jeff Weeden, we understand the stress and uncertainty that accompany criminal proceedings. That’s why we’re committed to providing compassionate yet aggressive representation to clients throughout the legal process.

If you have been charged with possession with intent to distribute, Colorado defense attorney Jeff Weeden is here to provide you with the support and representation you need to fight these charges. He also has experience handling a variety of other crimes, including theft crimes, property crimes, violent crimes, sex crimes, and other drug crimes. 

Call our Denver criminal law office at (720) 307-4330 or complete our online form to schedule a free consultation with an attorney regarding your case.