Attachment A – Colorado Drug Laws

Substance
Type of Offense
Legal Sanction



1st offense- fine < $250 and 24 hrs of
Alcohol
Consumption
Community Service

/possession under 21
2nd offense- Fine <$500, alcohol


evaluation and assessment,
Status Offense (age based crime) recommended alcohol treatment and
24 hrs of Community Service.
3rd offense- Class 2 misdemeanor (3-12
months in jail and/or fine $250-
1,000) complete alcohol evaluation and treatment.

**911 immunity
If an underage person calls 911, if the first person to
report and request aid for another underage person
needing medical attention due to alcohol
consumption

Additional costs/consequences not specified in
statute:
Possible loss of Driver’s License
Court fees



Alcohol
Underage drinking and driving
BAC limit .02-.05 for DUI

(UDD)
Court imposed sanctions:

Class A traffic infraction- 4 points
plus the original violation

Up to 24 hrs. on Community service

Alcohol evaluation and treatment
DOR/DMV sanctions:

Loss of license
Additional consequences:

Higher insurance

Court costs

Attorney fees

Current estimates put the total cost of an alcohol
related traffic violation at
+/- $10,000

Page 1 of 4
Updated February 13, 2013

Attachment A – Colorado Drug Laws

Substance
Type of Offense
Legal Sanction




Alcohol/drugs
Driving while intoxicated or
Criminal misdemeanor:
impaired by alcohol or drugs
• Up to 18 months in jail
(DUI/DUID)
• Up to $5,000 in fines

• Alcohol/drug evaluation and treatment
• Probation (depends on jail sentence if any)
• Community Service
• Unable to make a non-alcohol plea
arrangement
• 2nd and subsequent convictions have
mandatory jail sentences
DOR/DMV consequences:
• Loss of license
• Interlock device
• Increased insurance rates/requirements
Additional consequences:
• Long term insurance rate increases
• Attorney fees
• Life-long alcohol conviction on record

Current estimates put the total cost of an alcohol
related traffic violation at+/- $10,000




Schedule I or II
POSSESSION only
Class 6 felony
• Cocaine, Opium,
1-1.5 yrs. prison and or
Heroin,

$1,000-$100,000 fine
Morphine,


Methadone,
Manufacturing or Distribution:

LSD, Mescaline,

Psilocybin
1st Offense
Class 3 Felony
Non-schedule I or II:
4-12 yrs. prison,
• Flunitrazepam,
$3,000-$750,000 fine
Ketamine


2nd Offense
Class 2 Felony
8-24 yrs. prison,
$5,000-$1,000,000 fine



Schedule III, IV and V
POSSESSION only

(described below)


Class 1 Misdemeanor
6-18 months in Jail and or $500 to $5,000 in fines.

POSSESSION only

Methamphetamine


2 grams or Less is a Class 6
1-1.5 yrs. prison and or $1,000 to $100,000 in fines
felony



More than 2 grams is a Class 4
2-6 yrs. prison and or $2,000 to $500,000 in fines
felony
Page 2 of 4
Updated February 13, 2013

Attachment A – Colorado Drug Laws

Substance
Type of Offense
Legal Sanction


DISTRIBUTION

Schedule III, such as:


PCP, Codeine, Dilaudid 1st Offense:
2-6 yrs. prison
Class 4 Felony
$2,000-$500,000 fine


Second or subsequent conviction:
Class 3 Felony
4-12 yrs. prison and or $3,000-$750,000



DISTRIBUTION

Schedule IV, such as:


Chloral Hydrate,
1st Offense:
1-3 yrs. prison
Tranquilizers, some
Class 5 Felony
$1,000-$100,000 fine
barbiturates and


stimulants




Second or subsequent conviction: 2-6 yrs. prison,
Class 4 Felony
$2,000-$500,000 fine


DISTRIBUTION

Schedule V, such as:


Codeine and other
1st Offense:
6-18 months jail. $500 to $5,000 fine
narcotics
Class 1 Misdemeanor



Second or subsequent conviction: 1-3 yrs. prison,
Class 5 Felony
$1,000-$100,000 fine


DISTRIBUTION

Flunitrazepam or


Ketamine
1st Offense:
4-12 yrs. prison
Class 3 felony
$3,000-$750,000 fine


Second or subsequent conviction: 8-24 years prison
Class 2 felony
$5,000-$1,000,000 fine



*Note: All drug and alcohol convictions can result in additional sanctions by the court to include a
prohibition of use prior to the case and during any probation/parole. Additionally the court can order
the convicted to pay for evaluations, treatment, tests, etc. The above are listed as general guidelines
only.













Page 3 of 4
Updated February 13, 2013

Attachment A – Colorado Drug Laws

Substance
Type of Offense
Legal Sanction
Marijuana Laws

With the passage of Amendment 64 in 2012, new laws are being created governing marijuana use
in the state of Colorado. Below is a brief overview of the laws related to marijuana use. At this time
there are several District Attorney’s Offices evaluating the law and determining how enforcement is
going to happen within their jurisdictions.


ALLOWS:
NOT ALLOWED
Amendment 64
Person’s over the age of 21 to:

• Possess, use, display,
• Use of marijuana by anyone under the age of
purchase or transport one
21. The exception would be anyone with a
ounce or less of marijuana
medical marijuana certificate.
• Possess, purchase or transport
• Driving under the influence of marijuana
marijuana accessories
• Public use
• Grow up to 6 marijuana plants
• Use in a manner “that endangers others”
(only 3 of which are flowering)
• Possess all the marijuana
produced by the plants on the
premises where the plants are
grown
• Transfer 1 ounce or less to
another adult (21 years of age
or older) without
compensation.


POSSESSION:

Current marijuana laws

Less than 2 ounces
Class 2 petty offense- Fine not more than $100



Class 2 misdemeanor
2-6 ounces
3-12 months jail - $250-$1,000



Class 1 misdemeanor
6-12 ounces
6-18 months jail - $500-$5,000



Class 6 felony
More the 12 ounces
1-1.5 years prison - $1000-100,000




PUBLIC USE AND DISPLAY:


Class 2 petty offense- Fine of $100 and 15 days jail
Less than 2 ounces


Class 2 misdemeanor

3-12 months jail - $250-$1,000
More than 2 ounces





DISTRIBUTION:
Class 5 felony

1-3 yrs. Prison - $1,000-$100,000 fine
5 LBS or less


Class 4 felony

2-6 yrs. Prison - $2,000-$500,000 fine
5-100 LBS


Class 3 felony

4-12 yrs. prison and or $3,000-$750,000
More than 100 LBS





Page 4 of 4

Updated February 13, 2013