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CRS 18-18-403.5

Colorado Unlawful Possession of a Controlled Substance

Colorado Revised Statute 18-18-403.5—known as unlawful possession of a controlled substance—can be charged as a misdemeanor or a felony, depending on the schedule of the drug and how much the defendant possessed. This crime is punishable by up to 6 to 18 months in jail or 6 to 12 months in prison.

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Penalties for Unlawful Possession of a Controlled Substance in Colorado

Charge	Classification	Penalty
Unlawful Possession of a Controlled Substance	Misdemeanor	Level 1 Drug: 6 to 18 months in jail; and/or A fine from $500 to $5,000
Unlawful Possession of a Controlled Substance	Felony	Level 4 Drug: 6 to 12 months in prison; and/or A fine from $1,000 to $100,000 A drug offender surcharge of $1,500 to $4,500
Unlawful Possession of a Controlled Substance	Felony	Level 2 Drug: 4 to 8 years in prison; and/or A fine from $3,000 to $750,000
(Colo. Rev. Stat. § § 18-18-403.5, 18-1.3-401, 18-1.3-406, 18-1.3-501.)

It is important to note that a fourth or subsequent misdemeanor will be charged as a Level 4 drug felony. Your charge can also be aggravated, which means you will face harsher consequences for your crime.

Penalties for unlawful possession of a controlled substance in Colorado depend on the schedule of drug.

Drug Schedules	Examples
Schedule I	BZP
	Cathinones (“bath salts” or Khat)
	Ecstasy (MDMA or Molly)
	GHB
	Heroin
	LSD
	Xyrem (a prescription medicine containing GHB that is a Schedule III drug if used with a prescription
Schedule II	Amphetamine
	Cocaine
	Codeine
	Mescaline
	Methadone
	Methamphetamine
	Morphine
	Opium
	Oxycontin
	PCP (Angel Dust)
	Peyote
	Psilocybin (magic mushrooms)
	Vicodin
Schedule III	Anabolic steroids
	Flunitrazepam (Rohypnol)
	Ketamine (“K” or “Special K”)
	Medications containing small amounts of codeine or morphine
	Some barbituates
Schedule IV	Benzodiazepines (Valium and Xanax)
	Prescription sleep aids (Ambien)
Schedule V	Medications with small amounts of codeine or opium

Possible Defenses for Unlawful Possession of a Controlled Substance in Colorado

The prosecutor must prove that the defendant committed the crime of unlawful possession of a controlled substance. To do this, they must prove elements that show, without a reasonable doubt, that the defendant had possession of a controlled substance regardless of whether or not they owned the drugs.

A criminal defense lawyer will typically use specific defenses to show the defendant is not guilty or convince the judge to reduce their sentence.

Here are some common drug defenses used for unlawful possession of a controlled substance:

The defendant had a prescription for the drug
The defendant did not know they possessed the drug
The defendant was not aware that the drug was a controlled substance
The defendant was falsely accused
The police only found a trace of the controlled substance on the defendant

Remember that you can be charged for the unlawful possession of a controlled substance for simply possessing the drugs, even if the substance does not belong to you.

Colorado Revised Statutes, CRS 18-18-403.5:

18-18-403.5. Unlawful Possession of a Controlled Substance:

(1) Except as authorized by part 1 or 3 of article 42.5 of title 12, C.R.S., part 2 of article 80 of title 27, C.R.S., section 18-1-711, section 18-18-428 (1) (b), or part 2 or 3 of this article, it is unlawful for a person knowingly to possess a controlled substance.

(2) A person who violates subsection (1) of this section by possessing:

(a) Any material, compound, mixture, or preparation that contains any quantity of flunitrazepam, ketamine, cathinones, or a controlled substance listed in schedule I or II of part 2 of this article commits a level 4 drug felony.

(b) (Deleted by amendment, L. 2013.)

(c) Any material, compound, mixture, or preparation that contains any quantity of a controlled substance listed in schedule III, IV, or V of part 2 of this article except flunitrazepam or ketamine commits a level 1 drug misdemeanor.

(3) If the circumstances described in section 18-18-428 (1) (b) occur, the peace officer shall not arrest the person pursuant to this section for any minuscule, residual controlled substance that may be present in the used hypodermic needle or syringe, and the district attorney shall not charge or prosecute the person pursuant to this section for any minuscule, residual controlled substance that may be present in a used hypodermic needle or syringe. The circumstances described in section 18-18-428 (1) (b) may be used as a factor in a probable cause or reasonable suspicion determination of any criminal offense if the original stop or search was lawful.

Have You Been Charged or Arrested for Unlawful Possession of a Controlled Substance in Colorado Springs?

In Colorado, unlawful possession of a controlled substance comes with severe consequences, ranging from several months to years in jail or prison, along with hefty fines. For the prosecutor to convict you, they must convince the jury that you were knowingly in unlawful possession of controlled substances. A criminal conviction requires that the jury finds you guilty of the charge beyond a reasonable doubt. However, this charge has several defenses, such as having a prescription for the substance or being unaware the drug was a controlled substance. While these defenses are helpful, you still need an advocate on your side to help you understand Colorado law and what the District attorney must prove to convict you. That’s where we come in. Contact our criminal defense attorneys at Right Law Group today.

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FAQ: Colorado Unlawful Possession of a Controlled Substance

What are the different types of drug possession in Colorado?

There are three types of drug possession: actual, constructive, and joint. Actual possession is physically holding the substance, while constructive possession is possessing it without physically touching it. Finally, joint possession is when two or more people own the drug together.

What does “schedule of a drug” mean?

Drug schedules are how substances are classified based on their level of abuse and dependence potential. There are five drug schedules, where Schedule I is the highest level for abuse and Schedule V is the lowest level for abuse.

What are the aggravating factors for unlawful possession of a controlled substance?

Aggravating factors are reasons that the judge might decide to increase your sentence. Some common aggravating factors for unlawful possession of a controlled substance include having previous criminal convictions, being on probation or bond, or being on parole for another felony.

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