Drug Charges
Experienced Help Fighting Felony Drug Charges with Denver Criminal Defense Attorney Jarrett Benson
The manufacture and selling of illegal drugs and substances in Colorado is unlawful. If you have been caught selling illicit drugs in the state of Colorado, it is best to take action on your case as soon as possible. With the right defense and representation, you can lower your charges and damages with the help of an experienced criminal defense attorney. Jarrett Benson has dealt with a number of drug sales crimes in Colorado, and can help you and your family move on with life in the most peaceful way possible.
Illegal Drug Manufacturing and Distribution
Drug Manufacturing in Colorado is a serious crime, and the law states:
It is unlawful for any person knowingly to manufacture, dispense, sell, or distribute, or to possess with intent to manufacture, dispense, sell, or distribute, a controlled substance; or induce, attempt to induce, or conspire with one or more other persons, to manufacture, dispense, sell, distribute, or possess with intent to manufacture, dispense, sell, or distribute, a controlled substance; or possess one or more chemicals or supplies or equipment with intent to manufacture a controlled substance.
As you can see, it is clearly stated in Colorado law that no person is lawfully allowed to manufacture and/or distribute illegal drugs. People tend to believe that because Colorado has legalized marijuana, then the state is more lenient on other drug use and manufacturing as well. This could not be further from the truth. In fact, because of the legalization of marijuana, Colorado has highly distinct laws in place to avoid any misinterpretation of the law. For this reason, the state of Colorado has ensured that no drug crime is taken lightly, especially the manufacturing of illegal drugs.
Level 1 Drug Felony
- The manufacturing of more than 225 grams and contains a Schedule 1 or 2 drug
- Providing any amount to a minor
Level 2 Drug Felony
- The manufacturing of 14 – 225 grams and contains a Schedule 1 or 2 drug
- Providing any amount to a minor
Level 3 Drug Felony
- The manufacturing of up to 14 grams and contains a Schedule 1 or 2 drug
- The manufacturing of more than 4 grams and contains a Schedule 3 or 4 drug
Level 1 Drug Misdemeanor
- The manufacturing of a Schedule 5 drug
- Transfer (not sale) of 4 grams or less and contains a Schedule 3 or 4 drug
Being charged with a felony, or even a misdemeanor, is not a light charge. All drug crimes should be taken very seriously. If you have been charged with a drug manufacturing crime, seek guidance from a professional team from our Denver Criminal Defense attorney as soon as possible. It may seem as though your case is clear, however, there are ways to lower your charges. To receive the most favorable outcome, use the best representation in Colorado. Jarrett Benson can help defend your drug crime, utilizing years of experience he has had in the criminal defense system.
- Some things to keep in mind when determining how to proceed with your case, Jarrett Benson will evaluate the following:
- If you were a victim of police misconduct or the drugs were found under illegal search and seizure
- If you knew you were in possession of the drugs
- If you intended to sell the drugs
- If the drugs were yours
- If you sold or advertised the drugs and/or substances
- If the state of Colorado authorized your sales of controlled substances
- If you were selling the drugs and/or substances in compliance with state law
Without the proper care, you may not realize that charges may be dropped based on any of the above defenses. Jarrett Benson will handle your case with care and integrity. If you need assistance with a drug manufacturing crime and case, do not wait to take action.
Call our offices today for a free case evaluation from Denver Criminal Defense Attorney Jarrett Benson
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Drug Sales
The selling of illegal drugs and substances in Colorado is unlawful. If you have been caught selling illicit drugs in the state of Colorado, it is best to take action on your case as soon as possible. With the right defense and representation, you can lower your charges and damages with the help of an experienced criminal defense attorney. Jarrett Benson has dealt with a number of drug sales crimes in Colorado, and can help you and your family move on with life in the most peaceful way possible.
Depending on the substance, amount and previous offenses, selling illegal drugs in Colorado can be a felony. Selling illegal drugs, or controlled substances in Colorado is clearly defined by law. Controlled substances are defined as any of the following, and differentiated by Schedule 1 – 5 drugs:
Schedule 1 Drugs
- Defined as the most harmful tier of drugs, with potentially severe dependence
- Drugs such as LSD, peyote and heroin
Schedule 2 Drugs
- Viewed as less abusive than Schedule 1 Drugs, with high risk of abuse, but less so than Schedule 1 Drugs
- Examples: codeine, opium and cocaine
Schedule 3 Drugs
- Moderate to low potential for dependence, with greater risk than Schedule 2 Drugs, but higher risk than Schedule 4 Drugs
- Such as ketamine, hydrocodone and steroids
Schedule 4 Drugs
- Drugs with low potential for abuse and low risk of dependence
- Drugs such as lorazepam or Xanax
Schedule 5 Drugs
- Lowest tier of substances with low risk of abuse or dependence
- For example, lomotil and buprenorphine
Potential Penalties for Drug Manufacturing
Once you know the tier or drug schedule you have been involved in selling, it is easier (but not always straightforward) to determine what your penalties may be if caught selling illegal substances in Colorado.
Level 1 Drug Felony – the manufacturing of more than 225 grams and contains a Schedule 1 or 2 drug
- 8 years mandatory prison time, up to 32 years in prison; mandatory minimum increases to 12 years if convicted with aggravated charges
- Up to $1,000,000 in fines
Level 2 Drug Felony – the manufacturing of 14-225 grams and contains a Schedule 1 or 2 drug
- 4-8 years in prison, with a minimum of 2 years parole; prison time may increase to 8-16 years if convicted with aggravated charges
- Up to $750,000 in fines
Level 3 Drug Felony – the manufacturing of up to 14 grams and contains a Schedule 1 or 2 drug, or the manufacturing of more than 4 grams and contains a Schedule 3 or 4 drug
- 2-4 years in prison, with a 1 year mandatory parole; prison time may increase to 4-6 years if convicted with aggravated charges
- Up to $500,000 in fines
Level 4 Drug Felony – the manufacturing of less than 4 grams and contains a Schedule 3 or 4 drug
- Up to 6 months incarcerated, with a 1 year mandatory parole; prison time may increase to 1-2 years if convicted with aggravated charges
- Up to $100,000 in fines
Level 1 Drug Misdemeanor – the manufacturing of a Schedule 5 drug or the transfer (not sale) of 4 grams or less and contains a Schedule 3 or 4 drug
- 6 – 18 months in jail
- Up to $5,000 in fines
Colorado drug sale crimes are very specific. The complex system can become a stressful experience for victims if they do not have a knowledgeable attorney on their side. If you have been convicted of selling illegal drugs in Colorado, call on Jarrett Benson for help. He has experience with drug cases of all types, and will help you and your family get back on track. Contact us today for a free evaluation.
Drug Trafficking
There is no legal way to traffick drugs. Drug trafficking is a serious crime, especially in the state of Colorado. With the legalization of marijuana, drug trafficking has become very dangerous and popular. Even though growing and possessing marijuana may be legal in Colorado, shipping and trafficking legal marijuana outside of Colorado is unlawful.
Drug trafficking is a felony offense under Colorado state law. Trafficking is not restricted to crossing state lines, either. You can be caught transporting an illegal amount of marijuana or illegal drugs across the street and still be charged with drug trafficking. Once you cross state lines, it becomes a federal offense.
Drug trafficking is not limited to marijuana. It can be confusing that marijuana is legal in Colorado, yet you can still be convicted of drug trafficking. Drug trafficking laws in Colorado place more of an emphasis on the amount and type of drug in question more so than where it is going. If you are over the legal amount of marijuana, and distributing illegally, as shown above, you are still breaking the law. If you are trafficking any illicit drugs, Schedule 1 – 5, in Colorado, you are also breaking the law. The penalties and charges will be different for Schedule 1 – 5 drugs because they are not legal in the state of Colorado.
If you have been caught trafficking drugs in or out of the state of Colorado, seek help and guidance on your case as soon as possible. With an experienced attorney like Jarrett Benson you are more likely to reduce your charges and receive a favorable outcome. If you or a loved one are dealing with a drug trafficking conviction in Colorado, call us today for a free evaluation.
Marijuana Trafficking in Colorado
Level 1 Drug Felony — Greater than 50 pounds of marijuana or more than 25 pounds of concentrate
- 8–32 years in prison
- Fines up to $1,000,000
Level 2 Drug Felony — 5–50 pounds of marijuana or 2.5–25 pounds of concentrate
- 4 – 16 years in prison
- Fines up to $750,00
Level 3 Drug Felony — 12 ounces–5 pounds of marijuana or 6 ounces–2.5 pounds of concentrate
- 2–6 years in prison
- Fines up to $500,000
Level 4 Drug Felony — 4–12 ounces of marijuana or 2–6 ounces of concentrate
- Up to 6 months incarcerated
- Fines up to $100,000
Level 1 Drug Misdemeanor — Less than 4 ounces of marijuana or less than 2 ounces of concentrate
- 6–18 months in jail
- Fines up to $5,000
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Criminal charges, car accidents, and divorce can have devastating, lifelong consequences. You need an experienced attorney and advocate on your side. During the free, confidential consultation, Mr. Benson will answer any questions you have about your legal matter and discuss potential legal recourse and strategies.
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