Colorado drug laws make it a crime to possess, sell, manufacture, or use controlled substances. However, in recent years, penalties have gotten laxer for recreational use and possession.
Here are five key things to know:
- It is now a misdemeanor rather than a felony to possess up to 4 grams of such narcotics as methamphetamine, cocaine, ecstasy, or heroin.
- For possession convictions, you face only two years of misdemeanor probation instead of the standard 6 to 18 months in jail.
- If you complete a drug diversion program, you can get your possession charge dismissed.
- Potential defenses to drug charges are that you never had control over the drugs or that police engaged in an illegal search or entrapment.
- Adults 21 and older can lawfully possess psilocybin and up to two ounces of marijuana for recreational use.
To help you get started understanding Colorado’s drug laws, our Denver Colorado criminal defense lawyers discuss the following:
- 1. What drugs are legal in Colorado?
- 2. What drugs are illegal?
- 3. Penalties
- 4. Defenses
- 5. Articles on Specific Drugs
- 6. Additional Resources
1. What drugs are legal in Colorado?
Colorado allows possession of marijuana in limited circumstances if you are 21 or older. However, possession of more than two ounces – or of any amount by people under 21 other than medical marijuana – is a crime.
In addition, if you are 21 or older, Proposition 122 generally permits you to possess, grow, use and share magic mushrooms (psilocybin) and other psychedelic drugs such as DMT and mescaline. Starting in 2025, Colorado can start licensing “healing centers” where you can pay for a supervised mushroom experience using mushrooms from a licensed grower.
Finally, it is legal to possess prescription opioids, stimulants, depressants, and other medications as long as your prescription is valid and current.
Federal Law
Marijuana and psychedelic possession is also illegal on federally owned property within the state of Colorado, which is subject to the more stringent requirements of 21 USC 812 — the federal Controlled Substances Act. Federal property includes
- National Parks,
- airports,
- courthouses,
- the Veteran’s Administration,
- HUD housing, and
- post offices.
Colorado drug laws are beginning to favor treatment and rehabilitation over punishment.
2. What drugs are illegal?
The following controlled substances are illegal in Colorado unless you have a current and valid doctor’s prescription for them.
| Illegal Drug Type | Common Examples |
| Schedule I | Heroin, ecstasy, LSD, and PCP.1 |
| Schedule II | Oxycodone (Oxycontin), hydrocodone (Vicodin), morphine, fentanyl, methadone, and stimulants such as cocaine and methamphetamine.2 |
| Schedule III | Barbiturates, ketamine, anabolic steroids, and codeine.3 |
| Schedule IV | Diazepam (Valium) and non-barbiturate sleep medications such as zolpidem (Ambien).4 |
| Schedule V | Cough medicine with small amounts of codeine.5 |
Also illegal in Colorado is the possession of synthetic cannabinoids and salvia.
Selling drugs in Colorado is always a felony crime.
3. Penalties
Colorado drug laws favor treatment over imprisonment when it comes to personal use – at least initially for drug possession charges.
Drug Use or Possession
As a result, drug use (CRS 18-18-404) and drug possession (CRS 18-18-403.5) charges are usually a misdemeanor. Though possession of a controlled substance can be a felony when it involves
- more than four grams of Schedule I or II drugs, or
- any amount of GHB, Ketamine, or flunitrazepam.
Colorado has many alternatives to jail time for drug offenders, including specialized drug courts, Veterans Treatment Courts, help with mental health issues, and deferred sentencing for people who plead guilty to Colorado drug offenses.6
Drug Sales and Manufacturing
When the offense is sales (CRS 18-18-405), manufacturing, and/or manufacturing of imitation drugs (CRS 18-18-422), you may find yourself charged with a felony. Penalties for Colorado felony drug offenses can include both prison time and hefty fines, depending on several factors, including:
- The “schedule” on which the drug is listed (the more serious the drug, the more serious the sentence),
- The quantity of drugs involved,
- Whether the drugs were for personal use, sale, or large-scale distribution,
- Whether you are a habitual drug offender or have a history of drug convictions, and
- Whether you are on probation, on parole, or incarcerated for a felony offense.
At the low end, consequences of Colorado felony drug charges can be as little as six months in county jail and/or a fine of $1,000.
The most serious Colorado drug felony convictions can carry a sentence of up to 32 years in prison and up to $1,000,000 in fines. Learn more in our article about aggravated drug felony sentencing.
Drug Crime Classifications
Colorado’s criminal justice system has seven separate classes of drug crimes. From most serious to least serious, they are the following:
| Drug crime category and examples | Colorado penalties |
Level 1 drug felonies
|
The minimum prison term becomes 12 years if the case has aggravating factors.* |
Level 2 drug felonies
|
The prison term becomes 8 to 16 years if the case has aggravating factors.* |
Level 3 drug felonies
|
The prison term becomes 4 to 6 years if the case has aggravating factors.* |
Level 4 drug felonies
|
The maximum prison sentence becomes 2 years if there are aggravating factors.* |
Level 1 drug misdemeanors
|
The punishment for unlawful possession is:
However for a 3rd or subsequent offense, up to 364 days in jail |
Level 2 drug misdemeanors
|
Though the punishment for unlawful drug use is:
Though for a 3rd or subsequent offense, up to 180 days in jail |
Drug petty offenses
|
|
| ^ Certain level 4 drug felonies are wobblers, which can be reduced to a level 1 drug misdemeanor if you complete probation. * “Aggravating factors” are when you were either on parole, on probation or bond for another felony, in confinement for a felony, or an escapee from confinement for a felony. | |
Learn about sealing drug crimes in Colorado and expungement.
4. Defenses
In our experience at Colorado Legal Defense Group, there are seven primary defenses we rely on to get drug charges lessened or dropped:
- Unlawful search and seizure: This defense argues that law enforcement violated your Fourth Amendment rights. If the police searched without a warrant, consent, or probable cause, any evidence obtained might be thrown out of court.
- Lack of possession or ownership: Simply being near or in the same location as drugs does not automatically make you guilty of a drug crime. The prosecution must prove that you knowingly had control over the drugs. In shared spaces, like a home or a car, proving this can be challenging.
- Drugs belonged to someone else: This is a more specific version of the lack of possession defense. If we can show that the drugs belonged to another person, you might be able to avoid a conviction.
- Entrapment: If a law enforcement officer induced you to commit a drug crime that you would not have committed otherwise, this could be a case of entrapment.
- Missing drugs: In some cases, the actual drugs that serve as the main evidence might get lost. If the prosecution cannot produce the actual drugs at trial, it might be possible to argue for a dismissal.
- Lab analysis: Just because a substance looks like a drug does not mean it is. An official lab analysis is required to confirm that a seized substance is indeed an illegal drug. If the substance was not sent to a lab or the results are inconclusive, this defense could be used.
- Planted drugs: Although it is difficult to prove, if there is evidence that drugs were planted by law enforcement, the charges can be dismissed.
For you to be convicted of drug crimes in Colorado, prosecutors have to prove each element of the offense beyond a reasonable doubt. If we can show the D.A. that their evidence is too insufficient to sustain a guilty verdict, we may be able to get your charges reduced or dismissed.
5. Articles on Specific Drugs
For more information, you may wish to visit our Colorado-specific pages on:
- Cocaine laws,
- Codeine,
- Ecstasy / MDMA / Molly laws,
- GHB laws,
- Heroin laws,
- Hydrocodone laws,
- Ketamine laws,
- LSD laws,
- Marijuana laws,
- Marijuana concentrate laws,
- Morphine,
- Methamphetamine laws,
- Oxycontin,
- PCP (Angel Dust) laws, or
- Psilocybin mushrooms
Also, see our pages on counterfeit drugs (CRS 18-18-423), drug paraphernalia (CRS 18-18-428), and abusing toxic vapors (CRS 18-18-412).
6. Additional Resources
If someone you know is OD-ing, you can call 911 without fear of arrest or prosecution for drug crimes thanks to Colorado’s Good Samaritan Law.7
If you or someone you know is suffering from drug addiction, you can find help at the following places:
- Narcotics Anonymous (NA) – 12-step program
- 211Colorado – substance abuse disorder services
- Colorado Consortium for Prescription Drug Abuse Prevention
- National Rehab Hotline
- Substance Abuse and Mental Health Services Administration (SAMHSA)
You can obtain more information about both medical and retail marijuana in our article on Colorado Marijuana Laws or from the Colorado Department of Public Health and Environment’s marijuana information page.
Legal references:
- CRS 18-18-203; People v. Holmberg, 992 P.2d 705 (Colo. App. 1999). Schedule I drugs have a high potential for abuse and no accepted medical use, or those that are unsafe for use in treatment, even under medical supervision. Schedule 1 drugs include hallucinogens.
- CRS 18–18–204; People v. Frantz, 114 P.3d 34 (Colo. App. 2004). Schedule II drugs have a high potential for abuse, but they have an accepted medical use and can result in severe psychological and physical dependence if abused. Schedule II drugs include opium and prescription opioid pain pills.
- CRS 18-18-205. Schedule II drugs have a lesser abuse potential than Schedule I or II drugs and have an accepted medical use but can lead to low or moderate physical dependence and high psychological dependence.
- CRS 18-18-206. Schedule II drugs have a lower potential for abuse than Schedule III drugs and have an acceptable medical use but may lead to limited psychological and physical dependence. They include prescription anti-anxiety medications.
- CRS 18-18-207. Schedule I drugs are the least dangerous drugs, with the lowest potential for abuse, a currently accepted medical use, and which are likely to lead to only limited physical or psychological dependence.
- CRS 18–18–403.5; See also People v. Gonzales, 2017 COA 62, 415 P.3d 846 (2017); People v. Yeadon, 462 P.3d 1087 (CO 2020); see also new law House Bill 19 – 1263 and the Colorado Criminal Justice Reform Coalition.
- CRS 18-1-711.