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Drug Felony Penalties for Colorado

Drug Felony 1 (DF1) Penalties

Minimum: 8 years
Maximum: 32 years
Mandatory Parole: 3 years
Fine: $5,000 to $1,000,000
DOS: $4,500

***All sentences to DF1 crimes are to prison and the minimum term is mandatory and may not be suspended***

DF1

18-18-405

Distribution/ manufacture/possession with intent to distribute/ conspiracy to do same more than 225 grams of Schedule I/II (more than 8 ounces) or more than 112 g of meth, heroin, ketamine, cathinone (more than 4 oz) or more than 50mg of Flunitrazipam.

18-18-406

Distribution of more than 2 1/2 pounds of marijuana, or 1 pound of concentrate to a minor and person distributing is more than 2 years older.

Distribution of Schedule I/II to a minor and person distributing is more than 2 years older.

18-18-407(1)

Special Circumstances Mandating DF1 Sentence

  1. offenses was part of a pattern of manufacturing, sale, dispensing, or distribution which constituted a substantial source of that person's income and in which the person manifested special skill or expertise.
  2. offense was part of conspiracy to distribute, manufacture, sell drugs and the defendant initiated, organized, plan, fiance, direct, etc part of conspiracy.
  3. importation of more than 14 grams of Schedule I/II or 7 grams of meth, heroin, ketamine, cathinone, or more than 10 mg. of flunitrazepam.
  4. defendant, used, displayed or possessed on his person or within immediate reach, a deadly weapon at the time of the commission of the offense.
  5. defendant or a confederate possessed a firearm and had access in a manner that posed a risk to others or in a vehicle he was occupying at the time of the commission of the offense.
  6. child agent to distribute or possess for sale.
  7. continuing criminal enterprise and the violation is a continuing series of 2 or more violations on separate occasions undertaken with 5 or more, occupies a position of supervisor, and obtained a substantial portion of income.
  8. manufacture, distribution, possession with intent within 1000 feet of a school or public housing.

Drug Felony 2 (DF2) Penalties

Presumptive: 4-8 Years
Aggravated: 8-16 Years
Mandatory Parole: 2 Years
Fine: $3,000-$750,000
DOS: $3,000

Sentences to DF2, DF3, and DF4 shall be in the presumptive range unless the court makes findings on the record based on:

  • evidence in the record of the sentencing hearing;
  • the presentence report;
  • factors agreed to by the parties.

Statutory midpoint presumptive to max aggravated range aggravators:

  • on parole for another felony
  • on probation for another felony
  • in prison, community corrections or an escape status
  • on probation for felony adjudication

Statutory aggravators authorizing aggravated range sentence:

  • on bond for felony
  • on bond for felony delinquent act
  • on bond for any offense as a plea when original offense was felony
  • on bond for any delinquent act when original offense was felony delinquent act
  • on a DJ&S for a felony delinquent act
  • on parole for a felony delinquent act

DF2

18-18-405

Distribution/manufacture/possession with intent to distribute/ conspiracy to do same more than 1/2 ounce to 1/2 pound of Schedule I/II (more than 14 grams up to 225 grams) or more than 1/4 oz up to 1/4 pound of meth, heroin, ketamine, or cathinone (more than 7 grams-112 grams) or more than 10 mg up to 50 mg of Flunitrazipam.

Distribution of scheduled III/IV to a minor and person distributing is more than 2 years older.

18-18-406

Distribution of 6 ounces to 2 1/2 pounds of marijuana, or 3 ounces to 1 pound of concentrate to a minor and the person distributing is more than 2 years older.

Distribution/manufacture/possession with intent to distribute/ conspiracy to do same of marijuana (not otherwise allowed by regulatory scheme) 5-50 pounds or 2 1/2 -25 pounds of concentrate.

18-18-406.2

Distribution of synthetic cannabinoids to a minor if person distributing is more than 2 years older.

18-18-412.5

Possession of material to make methamphetamine

18-18-412.7

Sales of materials to manufacture controlled substances.

Drug Felony 3 (DF3) Penalties

Presumptive: 2-4 Years
Aggravated: 4-6 Years
Mandatory Parole: 1 Year
Fine: $2,000-$500,000<
DOS: $2,000

DF3

18-18-405

Distribution/manufacture/possession with intent to distribute/conspiracy to do same less than 1/2 ounce of Schedule I/II (less than 1/4 oz of meth, heroin, ketamine, or cathinone (less than 7 grams) or less than 10 mg of Flunitrazipam.

Distribution/manufacture/possession with intent to distribute/conspiracy to do same of more than 4 grams of a Schedule III/IV.

18-18-406

Distribution of 1 ounce to 6 ounces of marijuana, or 1/2 ounces to 3 ounces of concentrate to a minor and a person distributing is more than 2 years older.

Processing or manufacturing marijuana or concentrate, or permitting on land owned or controlled by you, not otherwise allowed by regulatory scheme.

Distribution/manufacture/possession with intent to distribute/ conspiracy to do same of marijuana (not otherwise allowed by regulatory scheme) 12 oz-5 pounds or 6 oz.-2 1/2 pounds of concentrate.

Cultivation of more than 30 plants.

18-18-406.2

Distribution of synthetic cannabinoids.

18-18-416

Inducing consumption by fraudulent means.

18-18-422

Distribution of imitation controlled substances to a minor and person distributing is more than 2 years older.

Drug Felony (DF4) Penalties

Presumptive: 6 Months-1 Year
Aggravated: 1-2 Years
Mandatory Parole: 1 Year
Fine: $1,000-$100,000
DOS: $1,500

DF4

18-18-403.5

Possession of Schedule I/II.

18-18-405

Distribution /manufacture/ possession with intent to distribute/ conspiracy to do same of 4 grams or less of Schedule III / IV.

Distribution of 4 grams or less of Schedule I / II or 2 grams of less of meth, heroin, ketamine, flunitrazipam if transfer was for purpose of consuming all the the controlled substance at a time substantially contemporaneous with the transfer. (Sharing).

18-18-406

Distribution of less than once ounce of marijuana, or 1/2 ounce of concentrate to a minor and the person distributing is more than 2 years older.

Distribution/manufacture/possession with intent to distribute/conspiracy to do same of marijuana ( not otherwise allowed by regulatory scheme) 4 oz-12 oz or 2 oz-6 oz of concentrate.

Cultivation of 6-30 plants.

Possession of more than 12 oz of marijuana or 3 oz of marijuana concentrate.

18-18-415

Script fraud

18-18-422

Manufacture, sale, possession with intent to distribute imitation controlled substances.

Wobbler:

Applies to DF4 Crimes of (Expect as below):

  • Possession of
    • 4 grams of schedule of less of Schedule I and II or;
    • 2 grams of less of Meth, Heroin, Ketamine or Cathinone, or;
    • 4 milligrams or less of Flunitrazapam
  • Distribution-Sharing
  • Possession of Marijuana
    • 12 oz or more
    • 3 oz or more of concentrate
  • Script fraud

Does not allow when:

  • Defendant has a prior
    • COV
    • Offense required to be sentenced pursuant to COV statute
    • Out of state conviction which would be COV or required to be sentenced as such.
  • Defendant not probation eligible
  • Defendant has two or more prior drug convictions that are felonies
    • felonies
    • out of state drug conviction
    • prior diversions of drug felonies
    • prior DJ&S of drug felonies
    • prior felony reduced to misdemeanor as a wobbler

Sealing of Records

*May not require as a condition of a plea agreement that the person waives waives right to petition to seal 16-7-301, C.R.S.

Level of Offense: Drug Felony 1 (DF1)
Time frame to petition (date of final disposition or release from supervision): 10 years
District Attorney has veto power if objection filed

Level of Offense: Drug Felony 2 (DF2)
Time frame to petition ( date of final disposition or release from supervision): 10 years District Attorney has veto power if objection filed

Level of Offense: Drug Felony 3 (DF3)
Time frame to petition ( date of final disposition or release from supervision): 10 years
District Attorney has veto power if objection filed

Level of Offense: Drug Felony 4 (DF4)
Time frame to petition ( date of final disposition or release from supervision): 7 years
District Attorney has veto power if objection filed

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