Misdemeanor Drug Charges in Colorado

Drug Misdemeanor 1 (M1) Penalties

Minimum: 6 months
Maximum: 18 months
Fine: $500-$5,000
DOS: $1,000

18-18-405

Distribution / manufacture / possession with intent to distribute / conspiracy to do same a Schedule V drug.

Distribution of less than 4 grams of Schedule III/IV for no remuneration.

18-18-406

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

Cultivation of of less than 6 plants.

Possession of 6-12 oz of marijuana or less than 3 oz of marijuana concentrate.

18-18-406.5

Use of marijuana in a detention facility.

Drug Misdemeanor 2 (M2) Penalties

Minimum: 0 months
Maximum: 12 months
Fine: $50-$750.00
DOS: $3000

18-18-406

Possession of 2-6 oz of marijuana

Use or possession of synthetic cannabanoids

18-18-412

Abusing toxic vapors

18-18-412-.8

Unlawful retail sale of meth precursors

Drug Petty Offense (DPO)

18-18-406

Possession of less than 2 oz. of marijuana, not otherwise authorized by law.

Open and public display or consumption of marijuana.

Transfer of less then 2 oz of marijuana without remuneration.

18-18-413

Authorized possession of controlled substance (out of pill bottle)

18-18-428

Possession of drug paraphernalia

Sealing of records for Drug Misdemeanors

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

Level of Offense: Drug Misdemeanor 1 (DM1)
Time frame to petition (date of final disposition or release from supervision): 5 years
District Attorney may object - Court may seal if no objection

Level of Offense: Drug Misdemeanor 2 (DM2)
Time frame to petition ( date of final disposition or release from supervision): 3 years
District Attorney may object - Court may seal if no objection

Level of Offense: Drug Petty Offense (DPO)
Time frame to petition (date of final disposition or release from supervision): 1 year
Sealing is mandatory if criteria met