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Colorado State - Drug Distribution/Trafficking

Drug distribution and trafficking laws make it unlawful to sell, transport, or illegally import into the United States any controlled substance. Common controlled substances include marijuana, methamphetamine, cocaine, LSD, "club drugs," and heroin. However, the federal and state laws vary according to drug type, amount, geographic area in which the sale took place, and whether or not minors were targeted. The federal and state penalties for drug distribution and trafficking also vary widely based on the above factors as well as jurisdiction and previous offenses.

The Colorado criminal statutes address unlawful distribution, manufacturing, sale, or possession of a controlled substance in 18-18-405 as follows :

  1.   
    1. Except as authorized by part 3 of article 22 of title 12, C.R.S., or by part 2 or 3 of this article, it is unlawful for any person knowingly to manufacture, dispense, sell, distribute, possess, 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, possess, 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.
    2. As used in this subsection (1), "dispense" does not include labeling, as defined in 12-22-102(16) C.R.S.
  2. Except as is otherwise provided in subsection (2.3) of this section for possession offenses not including possession with the intent to distribute involving one gram or less of any material, compound, mixture, or preparation that contains any quantity of a schedule I through IV controlled substance, and for offenses concerning marihuana and marihuana concentrate in 18-18-406 and for offenses involving minors in 18-18-407(1)(g) any person who violates any of the provisions of subsection (1) of this section:
    1. In the case of a controlled substance listed in schedule I or II of part 2 of this article, commits :
      1. A class 3 felony; except that a person commits a class 4 felony if such violation is based on the possession of a controlled substance listed in schedule II unless otherwise provided in paragraph (a) of subsection (3) of this section; or
      2. A class 2 felony, if the violation is committed subsequent to a prior conviction in this or any other state, the United States, or any territory subject to the jurisdiction of the United States of a violation to which this subparagraph (I) applies or would apply if convicted in this state;
    2. In the case of a controlled substance listed in schedule III of part 2 of this article, commits:
      1. A class 4 felony; or
      2. A class 3 felony, if the violation is committed subsequent to any prior conviction in this or any other state, the United States, or any territory subject to the jurisdiction of the United States of a violation to which subparagraph (I) of this paragraph (a) or this subparagraph (II) applies or would apply if convicted in this state;
    3. In the case of a controlled substance listed in schedule IV of part 2 of this article, commits:
      1. A class 5 felony; or
      2. A class 4 felony, if the violation is committed subsequent to a prior conviction in this or any other state, the United States, or any territory subject to the jurisdiction of the United States of a violation to which subparagraph (I) or (II) of this paragraph (a) or this subparagraph (III) applies or would apply if convicted in this state;
    4. In the case of a controlled substance listed in schedule V of part 2 of this article, commits:
      1. A class 1 misdemeanor; or
      2. A class 5 felony, if the violation is committed subsequent to any prior conviction in this or any other state, the United States, or any territory subject to the jurisdiction of the United States of a violation to which subparagraph (I), (II), or (III) of this paragraph (a) or this subparagraph (IV) applies or would apply if convicted in this state.
  3. Repealed by Laws 2007, Ch. 383, 10, eff. July 1, 2007. (2.1) Repealed by Laws 2007, Ch. 383, 10, eff. July 1, 2007. (2.3)(a) Any person who commits the offense of possession in violation of the provisions of subsection (1) of this section by possessing any material, compound, mixture, or preparation, weighing one gram or less that contains any quantity of a controlled substance listed in schedules I through IV of part 2 of this article commits: (I) A class 6 felony; or (II) A class 4 felony, if the violation is committed subsequent to any prior conviction under subparagraph (I), (II), or (III) of paragraph (a) of subsection (2) of this section or under this subsection (2.3).
  4. Repealed by Laws 2007, Ch. 383, 10, eff. July 1, 2007. (2.5)(a) Notwithstanding the provisions of subparagraph (III) of paragraph (a) of subsection (2) of this section, a person who violates the provisions of subsection (1) of this section with regard to flunitrazepam commits a class 3 felony; except that the person commits a class 2 felony if the violation is committed subsequent to a prior conviction in this or any other state, the United States, or any territory subject to the jurisdiction of the United States of a violation involving flunitrazepam or to which subparagraph (I) of paragraph (a) of subsection (2) of this section applies or would apply if convicted in this state.
  5. Any person convicted of violating the provisions of subsection (1) of this section with regard to flunitrazepam shall be subject to the mandatory sentencing provisions of subsection (3) of this section. (c) Repealed by Laws 2007, Ch. 383, 10, eff. July 1, 2007. (2.6) Repealed by Laws 2007, Ch. 383, 10, eff. July 1, 2007. (3)(a) Unless a greater sentence is required pursuant to the provisions of another statute, any person convicted pursuant to subparagraph (I) of paragraph (a) of subsection (2) of this section for knowingly manufacturing, dispensing, selling, distributing, possessing, or possessing with intent to manufacture, dispense, sell, or distribute, or inducing, attempting to induce, or conspiring with one or more other persons, to manufacture, dispense, sell, distribute, possess, or possess with intent to manufacture, dispense, sell, or distribute an amount that is or has been represented to be:
    1. At least twenty-five grams or one ounce but less than four hundred fifty grams of any material, compound, mixture, or preparation that contains a schedule I or schedule II controlled substance as listed in 18-18-203 or 18-18-204 shall be sentenced to the department of corrections for at least the minimum term of incarceration in the presumptive range provided for such offense in 18-1.3- 401(1)(a) with regard to offenses other than manufacturing, dispensing, selling, distributing, or possessing with intent to manufacture, dispense, sell, or distribute, and for at least the minimum term of incarceration in the presumptive range provided for such offense in 18-1.3-401(1)(a) as modified pursuant to 18-1.3- 401(10) with regard to manufacturing, dispensing, selling, distributing, or possession with intent to manufacture, dispense, sell, or distribute;
    2. At least four hundred fifty grams or one pound but less than one thousand grams of any material, compound, mixture, or preparation that contains a schedule I or schedule II controlled substance as listed in 18-18-203 or 18-18-204 shall be sentenced to the department of corrections for a term of at least the midpoint of the presumptive range but not more than twice the maximum presumptive range provided for such offense in 18-1.3-401(1)(a) with regard to offenses other than manufacturing, dispensing, selling, distributing, or possessing with intent to manufacture, dispense, sell, or distribute, and for a term of at least the midpoint of the presumptive range but not more than twice the maximum presumptive range provided for such offense in 18-1.3-401(1)(a) as modified pursuant to 18-1.3- 401(10) with regard to manufacturing, dispensing, selling, distributing, or possessing with intent to manufacture, dispense, sell, or distribute; (III) One thousand grams or one kilogram or more of any material, compound, mixture, or preparation that contains a schedule I or schedule II controlled substance as listed in 18-18-203 or 18-18-204 shall be sentenced to the department of corrections for a term greater than the maximum presumptive range but not more than twice the maximum presumptive range provided for such offense in 18-1.3-401(1)(a) with regard to offenses other than manufacturing, dispensing, selling, distributing, or possessing with intent to manufacture, dispense, sell, or distribute, and for a term greater than the maximum presumptive range but not more than twice the maximum presumptive range provided for such offense in 18-1.3-401(1)(a) as modified pursuant to 18-1.3-401(10) with regard to manufacturing, dispensing, selling, distributing, or possessing with intent to manufacture, dispense, sell, or distribute.
  6. In addition to any other penalty imposed under this subsection (3), upon conviction, a person who violates this subsection (3) shall be fined not less than one thousand dollars but not more than five hundred thousand dollars. For offenses committed on or after July 1, 1985, the fine shall be in an amount within the presumptive range set out in 18-1.3-401(1)(a)(III). (3.5) The felony offense of unlawfully manufacturing, dispensing, selling, distributing, or possessing with intent to unlawfully manufacture, dispense, sell, or distribute a controlled substance is an extraordinary risk crime that is subject to the modified presumptive sentencing range specified in 18-1.3-401(10). (4) Repealed by Laws 1997, H.B.97-1077, 10, eff. July 1, 1997. (5) When a person commits unlawful distribution, manufacture, dispensing, sale, or possession with intent to manufacture, dispense, sell, or distribute any schedule I or schedule II controlled substance, as listed in 18-18-203 or 18-18-204, or flunitrazepam, pursuant to subsection (1) of this section, twice or more within a period of six months, without having been placed in jeopardy for the prior offense or offenses, and the aggregate amount of the schedule I or schedule II controlled substance or flunitrazepam involved equals or exceeds twenty-five grams, the defendant shall be sentenced pursuant to the mandatory sentencing requirements specified in subsection (3) of this section. (6) In addition to any other penalty imposed by this section, upon each conviction, entry of plea of guilty or nolo contendere, or receipt of a deferred sentence for a nonfelony violation of this section or adjudication as a delinquent for an act that would constitute a nonfelony violation of this section if committed by an adult, any driver's permit or minor driver's license held by the offender shall be suspended as provided in 42-2-127.3, C.R.S.

To convict a person of use of a controlled substance the State of Colorado must prove beyond a reasonable the following :

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. knowingly used the controlled substance(s) __________, and
  4. the controlled substance(s) was (were) not dispensed by or under the direction of a person licensed or authorized by law to prescribe, administer, or dispense such controlled substance(s) for bona fide medical reasons.

To convict a person of distribution, manufacturing, dispensing, sale, and/or possession of a controlled substance the State of Colorado must prove beyond a reasonable doubt the following :

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. knowingly or intentionally,
  4. distributed, manufactured, dispensed, sold, and/or possessed with intent to distribute, manufacture, dispense, or sell, with or without remuneration, or
  5. induced, attempted to induce, or conspired with one or more person to
  6. distribute, manufacture, dispense, sell, and/or possess with intent to distribute, manufacture, dispense, or sell, with or without remuneration,
  7. the controlled substance(s) __________.

To convict a person of possession of not more than an ounce of marihuana the State of Colorado must prove beyond a reasonable doubt the following :

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. knowingly possessed,
  4. not more than one ounce of marihuana.

To convict a person of public display or consumption of marihuana the State of Colorado must prove beyond a reasonable doubt the following :

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. knowingly, and
  4. openly and publicly displayed, consumed, and/or used,
  5. not more than one ounce of marihuana.

To convict a person of possession of more than one ounce of marihuana or marihuana concentrate the State of Colorado must prove beyond a reasonable doubt the following :

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. possessed,
  4. more than one ounce of marihuana but less than eight ounces of marihuana, eight ounces or more of marihuana, and/or any amount of marihuana concentrate.

To convict a person of cultivation of marihuana or marihuana concentrate the State of Colorado must prove beyond a reasonable doubt the following :

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. knowingly cultivated, grew, produced, processed, or manufactured,
  4. any marihuana or marihuana concentrate. Or
  5. knowingly allowed to be cultivated, grown, produced, processed, or manufactured,
  6. on land owned, occupied, or controlled by the defendant,
  7. any marihuana and/or marihuana concentrate.

To convict a person of distribution, manufacturing, dispensing or sale of marihuana and/or marihuana concentrate the State of Colorado must prove beyond a reasonable doubt the following :

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. knowingly or intentionally,
  4. distributed, manufactured, dispensed, sold, or possessed with intent to distribute, manufacture, dispense, or sell, with or without remuneration, or
  5. induced, attempted to induce, or conspired with one or more persons to,
  6. distribute, manufacture, dispense, sell or possess with intent to distribute, manufacture, dispense, or sell, with or without remuneration,
  7. marihuana and/or marihuana concentrate.

To convict a person of dispensing to a minor the State of Colorado must prove beyond a reasonable doubt the following :

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. was 18 years of age or older, and
  4. knowingly transferred or dispensed more than one ounce of marihuana,
  5. for consideration,
  6. to any person under 18 years of age but at least 15 years of age. Or
  7. knowingly transferred or dispensed any amount of marihuana, with or without consideration,
  8. to a person under the age of 15 years. Or
  9. knowingly transferred or dispensed any amount of marihuana concentrate, with or without consideration,
  10. to a person under 18 years of age. Or
  11. knowingly distributed an imitation controlled substance,
  12. to a person under 18 years of age.

To convict a person of fraud or deceit regarding controlled substances the State of Colorado must prove beyond a reasonable doubt the following :

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. knowingly,
  4. obtained or procured the administration of a controlled substance,
  5. by fraud, deceit, misrepresentation, or subterfuge. Or
  6. obtained or procured the administration of a controlled substance,
  7. by the forgery or alteration of a prescription or of any written order, by the concealment of a material fact, by the use of a false name, and/or by giving a false address. Or
  8. made a false statement in any prescription. or
  9. falsely assumed the title of or represented himself to be a manufacturer, wholesaler, pharmacist, or practitioner
  10. for the purpose of obtaining a controlled substance. Or
  11. made or uttered a false or forged prescription or written order. Or
  12. affixed a false or forged label to a package or receptacle,
  13. containing a controlled substance.

To convict a person of possession of drug paraphernalia the State of Colorado must prove beyond a reasonable doubt the following :

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. possessed drug paraphernalia, and
  4. intended to use the drug paraphernalia,
  5. in violation of _________.

To convict a person of the manufacture, sale, or delivery of drug paraphernalia the State of Colorado must prove beyond a reasonable doubt the following :

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. sold, delivered, possessed with intent to sell or deliver, manufactured with intent to sell or deliver, and/or manufactured with intent to sell or deliver equipment, products, or materials,
  4. with intent that such equipment, products, or materials would be used as drug paraphernalia.

To convict a person of the crime of manufacture/distribution/possession with intent to distribute an imitation controlled substance the State of Colorado must prove beyond a reasonable doubt the following :

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. knowingly,
  4. manufactured, distributed, or possessed with intent to distribute any imitation controlled substance.

To convict a person of aggravated distributing, manufacturing, dispensing, selling, and/or possessing cocaine the State of Colorado must prove beyond a reasonable doubt the following :

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. knowingly or intentionally,
  4. distributed, manufactured, dispensed, sold, or possessed with intent to manufacture, dispense, sell or distribute with or without remuneration. Or
  5. induced, attempted to induce, or conspired with one or more other persons to
  6. distribute, manufacture, dispense, sell, or possess with intent to manufacture, dispense, sell, or distribute with or without remuneration. Or
  7. At least 28 grams of any material, compound, mixture, or preparation which contains cocaine.