Drug Penalties

Denver Defense Lawyers Drug Penalties

Federal and state drug laws regulating the possession, sale, manufacture and cultivation
of illegal narcotics are extremely complex.

The Denver defense attorneys at Rosenthal & Heymann encourage anyone facing
a drug crime in the Denver metro area to call our offices for a free and confidential
consultation to discuss your case. Many aggravating factors can impact the potential
penalty for a drug crime. A few examples of factors that can enhance the penalties
for a drug violation include selling to an underage person or near a school, the
amount and type of drugs involved, the presence of scales or other drug paraphernalia,
and the criminal record of the defendant.

In general, possession of an illegal narcotic, excluding marijuana, is punishable
by 18 months to 6 years in prison. While charges in connection with the distribution,
manufacture, cultivation or sale of illegal drugs is punishable by prison sentences
of 3 to 8 years in prison. Longer sentences may apply, particularly when a defendant
has a previous drug conviction.

And despite the decriminalization of marijuana, defendants continue to find themselves
in trouble with the law for a variety of reasons. While it’s true that possession
of less than an ounce of marijuana is now a petty offense punishable by a $100 fine,
charges involving marijuana are frequently much more serious.

Colorado Marijuana Laws

Phase 1

• Using or displaying marijuana in public: 15 days in jail.
• Possession of more than 1 ounce: Misdemeanor punishable by up to 18 months in jail.
• Possession of more than 8 ounces is a felony punishable by up to 3 years in prison.
• Legal medical marijuana patients may possess up to 2 ounces without breaking the
  law.
• Transfer of marijuana for money is a felony offense punishable by up to 4 years
  in prison.

Under Colorado law, defendants frequently face enhanced penalties if they have a
previous drug conviction on their record. And defendants who should have been charged
with possession are too often charged with an elevated crime that carries enhanced
penalties, including an increased likelihood of jail time

At Rosenthal & Heymann, we believe it is worth the fight to seek a reduction or
dismissal of all drug charges. Our staff will thoroughly review and investigate
your case and help you determine the best course of action. In some cases, Denver
Drug Court may be an option. In other cases, when law enforcement has overstepped
its authority with an illegal search or improper undercover buy, we will fight to
win a dismissal of the evidence against you and a reduction or dismissal of the
charges.

The Denver drug crimes attorneys at Rosenthal & Heymann represent clients
facing all types of drug charges throughout the Denver area, including Aurora, Englewood,
Lakewood and Boulder. Call today for a free and confidential appointment to discuss
your rights.

Rosenthal & Heymann – Call 303-825-2223 – Free Consultation