Grand Junction Drug Possession Lawyers
You may be under the impression that because Colorado legalized cannabis, our state is moving towards more lenient regulation and enforcement of drug laws. That law enforcement is now concentrating on large criminal organizations and drug traffickers. Unfortunately, that is not the case. Being caught with a tiny amount of an illegal substance can still lead to serious jail time in Colorado – especially in Mesa County.
Facing a drug possession charge can be a traumatic experience. If you have been accused of a drug crime, you need a competent legal team to advocate on your behalf. Peters & Nolan, LLC, was started by Andrew J. Peters and Andrew J. Nolan, two tenacious trial attorneys who believe that everyone is entitled to compassionate representation. Together, the Andys have handled thousands of these cases successfully. Call today at (970) 243-4357 to learn how we can help you.
State law in Colorado declares that it is illegal to willfully possess controlled substances, such as marijuana, methamphetamine, cocaine, LSD, or heroin. That list also includes Schedule III-V drugs such as anabolic steroids and prescription medicines, for which there is a reasonable chance for abuse. Furthermore, it is against the law to possess "precursor chemicals" that can be used in the manufacture of certain drugs, such as LSD or meth.
To prove you guilty of drug possession, it must be shown by prosecutors that you were aware the drug in question was a controlled substance, and you knowingly had control over the drug. A person does not actually need to be holding the drug; it could be found in their car, their luggage, their purse, or their home.
The parameters of a drug possession charge differ depending on what kind of drug it is and the amount. The location of the offense can also have an impact, as it might be charged differently if the defendant was near a school or on federal property.
Certain drugs automatically trigger a felony possession charge, including flunitrazepam (Rohypnol), ketamine, cathinones (khat or "bath salts"), and all Schedule I or II drugs, including heroin, cocaine, and LSD. You can be charged with a Level 4 felony (DF4) for possession of any amount of these substances.
On the other hand, possession of a Schedule III, IV, or V drug without a valid prescription may be charged as a Level 1 misdemeanor (DM1).
It should also be noted that in Colorado, it is considered a petty offense to be in possession of certain drug paraphernalia, such as hypodermic needles or syringes, meth pipes, coke spoons or vials.
While recreational cannabis has been legalized in Colorado, there are still limits to how much an individual can possess at one time. As an example, it is a Level 1 misdemeanor (DM1) to have more than 6 oz. but not more than 12 oz. of cannabis. Possession of more than 2 oz. but not more than 6 oz. can be charged as a Level 2 misdemeanor (DM2). Possession of more than 12 oz. could be charged as a felony.
The federal government has its own laws and regulations regarding the possession of cannabis, because while it has been legalized recreationally in Colorado, it is still considered a Schedule I drug by the federal government - and on federal property, you can still be charged with possession.
For certain drugs, you could be facing charges from both local law enforcement and the FBI or DEA. Don’t wait to protect yourself. Drug possession charges can have a negative impact on both your professional and personal reputation. You need an advocate who will aggressively fight to preserve your good name.
Andrew J. Peters and Andrew J. Nolan are dedicated to helping those in need all over the Western Slope. Contact us today at (970) 243-4357 to schedule a free consultation. Speak to a Grand Junction drug crime defense attorney who has handled thousands of cases just like yours.
- Charges: Possession of methamphetamine
∗ Result: Dismissed after suppression order
- Charges: Possession of cocaine
∗ Result: Dismissed prior to trial
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∗ Not all criminal cases are the same. These results are from actual cases handled by the attorneys at Peters & Nolan, LLC. This is not a representation, guarantee or promise as to the results or outcome of your particular matter.
Peters & Nolan, LLC is your ideal source for high quality legal representation throughout the state of Colorado. Known for being personable and responsive, attorneys Andrew J. Peters and Andrew Nolan are aggressive trial lawyers with an excellent record of trying and settling cases in criminal defense, DUI/DWAI and personal injury.