Level 1 drug misdemeanors in Colorado are punishable by 6 to 18 months in county jail and/or $500 to $5,000 in fines. For simple possession convictions, courts typically grant probation and a $1,000 fine. Convictions are sealable from your criminal record two years after the case closes.
In this article, our Colorado criminal defense attorneys discuss:
- 1. What are level 1 drug misdemeanors?
- 2. What are the penalties?
- 3. What are examples?
- 4. When are level 1 drug misdemeanors sealable?
- 5. Are there deportation consequences?
- 6. Can I go to trial?
- 7. How long does the D.A. have to file charges?
- 8. Can I have a firearm?
Level 1 drug misdemeanors carry a maximum penalty of 18 months in jail and $5,000 in fines.
1. What are level 1 drug misdemeanors?
Colorado law categorizes drug misdemeanors into two separate tiers: level 1 to level 2. Level 1 drug misdemeanors have harsher penalties than level 2 drug misdemeanors.
Both types of drug misdemeanors have laxer punishments than drug felony convictions and harsher punishments than drug petty offenses.1
2. What are the penalties?
Colorado penalties for level 1 drug misdemeanors include six to 18 months of jail time and/or $500 to $5,000 in fines.
As of March 1, 2020, the punishment for unlawful possession is:
- Probation of up to 2 years;
- Possibly 180 days in jail; and
- Up to $1,000
But for a 3rd or subsequent offense, up to 364 days in jail.2
You may be able to perform community service instead of paying a fine.
Note that certain level 4 drug felonies are wobblers. This means they can be reduced down to level 1 drug misdemeanors if you successfully complete probation.
3. What are examples?
Three examples of level 1 drug misdemeanors in Colorado include:
- Unlawful drug possession (CRS 18-18-403.5) of schedule III-, schedule IV-, or schedule V drugs, or up to 4 grams of schedule I- or II drugs, or drugs listed in part 2 or Article 18 of Title 18, not including flunitrazepam or ketamine
- Marijuana possession of more than 6 ounces of marijuana or more than 3 ounces of marijuana concentrate
- Attempt (CRS 18-2-101) to commit a level 4 drug felony
See the state government’s official list of level 1 drug misdemeanors.
There are no extraordinary risk level 1 drug misdemeanors.
4. When are level 1 drug misdemeanors sealable?
Defendants convicted of level 1 drug misdemeanors in Colorado can pursue a criminal record seal two years after the case closes. Note there is no wait to get a seal if the charge gets dismissed.3
Learn how to get criminal records sealed in Colorado.
Level 1 drug misdemeanor convictions in Colorado can be sealed two years after the case ends.
5. Are there deportation consequences?
Drug-related offenses are deportable. Consequently, non-citizens charged with drug offenses should hire experienced counsel. An attorney may be able to get the case dismissed or changed to a non-deportable crime.
Learn more about the criminal defense of immigrants in Colorado.4
6. Can I go to trial?
Yes. If you are charged with level 1 drug misdemeanors in Colorado, you are entitled to a jury trial of six jurors (but you can request a trial with as few as three jurors). You can also elect to have a bench trial instead of a jury trial.5
7. How long does the D.A. have to file charges?
Colorado prosecutors must bring level 2 misdemeanor charges within 18 months after the alleged offense. Learn more about criminal statutes of limitations in Colorado.6
8. Can I have a firearm?
Federal law forbids narcotics addicts or users from having guns.7 And drug users who attempt to purchase a gun in Colorado face criminal charges for illegal purchase of a firearm (CRS 18-12-111).
Legal References
- Colorado Revised Statute 18-1.3-501; see also People v. DeBorde, (2016, Court of Appeals of Colorado, Division Two) COA 185, 411 P.3d 220; see also People v. Argott, (2021, Court of Appeals of Colorado, Division Four) COA 42, 486 P.3d 500.
- Same; House Bill 19-1263 (new law); Uniform Controlled Substances Act (2013).
- CRS 24-72-701 – 708.
- 8 USC 1227.
- CRS 18-1-406.
- CRS 16-5-401.
- 18 USC 922; United States v. Seay, (8th Cir. 2010) 620 F.3d 919.