Colorado law makes it a crime to use or possess hydrocodone (also referred to as Vicodin or Norco) without a lawful prescription. The black market sale (or possession for sale) of the drug carries even more serious penalties:
| Unlawful use of hydrocodone | level 2 drug misdemeanor:
However, the court may instead impose up to 1 year of probation, up to $500, and possibly 120 days in jail (or 180 days in jail for a 3rd or subsequent offense) |
| Unlawful possession of hydrocodone | For 4 grams or less, a level 1 drug misdemeanor:
For more than 4 grams, a level 4 drug felony:
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| Unlawful distribution, manufacturing, dispensing, or sale of hydrocodone | class 3 felony:
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In this article, our Denver Colorado criminal defense lawyers will explain:
- 1. The unauthorized use, possession or sale of hydrocodone in Colorado
- 2. Unlawful use of hydrocodone
- 3. Defenses for Colorado hydrocodone charges
- 4. Further Reading
- 5. Helpful Resources
Hydrocodone can fall in either Schedule II or Schedule III, depending on the amount of drugs discovered when you are arrested.
1. The unauthorized use, possession or sale of hydrocodone in Colorado
Unlawful possession
According to Colorado law, it is illegal to possess a controlled substance like hydrocodone knowingly. You can be convicted of the unlawful possession of a controlled substance if you unlawfully obtained:
- Any material, compound, mixture, or preparation weighing four grams or less in schedule I or II
- Any material, compound, mixture, or preparation weighing more than four grams in schedule I or II
- Any material, compound, mixture, or preparation that contains any quantity of a controlled substance listed in Schedule III, IV, or V1
Unlawful possession penalties (as a schedule II drug)
- When the hydrocodone weighs four grams or less, possession is a level 1 drug misdemeanor. The sentence is 6 to 18 months in jail; and/or $500 to $5,000 in fines. However, the judge may grant probation instead.
- Otherwise, possession is a level 4 drug felony, carrying 6 to 12 months in prison (plus 1 year of parole), and/or a fine of $1,000 to $100,000.
Unlawful distribution, manufacturing, dispensing, or sale
In Colorado, it also considered to be unlawful to knowingly conspire to or possess with the intent to do any of the following with hydrocodone:
- sell
- distribute
- dispense
- possess for sale
- possess one or more chemicals or supplies or equipment with intent to unlawfully manufacture2
Unlawful distribution, manufacturing, dispensing, or sale penalties
The unlawful distribution, manufacturing, dispensing, or sale of this controlled substance is classified as a Colorado class 3 felony. This is punishable by a fine of $3000-$750,000 and a prison sentence of 4 to 12 years.
You may possess hydrocodone if you have a current and valid prescription.
2. Unlawful use of hydrocodone
In Colorado, it is against the law to use a controlled substance unless legally authorized to do so. Thus, if you do not have a prescription for hydrocodone but are using the substance anyway, you can be charged with this offense.
Penalties for the unlawful use of hydrocodone
The use of a controlled substance is classified as a Colorado level 2 drug misdemeanor, which carries:
- Up to 12 months in county jail, and/or
- $50 – $750 in fines
However, the court may instead impose the following lighter penalty for drug use:
- Probation of up to 1 year;
- Possibly 120 days in jail (or 180 days in jail for a 3rd or subsequent offense); and
- Up to $500.3
Colorado takes a more rehabilitative approach to drug addiction. If caught consuming the substance, the court has the option of granting you treatment at your own expense. If the treatment is successfully completed, misdemeanor charges will be dismissed.
3. Defenses for Colorado hydrocodone charges
There are no affirmative defenses for charges involving the substance of hydrocodone. Since these cases are often individualized, the facts and circumstances of the case will determine the best types of defenses to pursue.
Unwitting Possession
One defense that is commonly applied in cases where the actual user of the drug is up for debate is called the “unwitting possession” defense. You would contest that you were in unauthorized possession of a controlled substance.
Example: You give a friend a ride to their house after work and they leave their drugs in your car by mistake. Oblivious to the presence of the unauthorized prescription drugs, you end up getting stopped by an officer. He noticed the substance in your car and you are apprehended on a prescription drug charge.
If this were to happen, you could raise the unwitting possession defense due to the fact you were not aware that the prescription containing hydrocodone was in your possession.
Other Defenses…
Our law firm has defended hundreds of clients accused of hydrocodone offenses. We find that the most effective strategies are to show that:
- Police misconduct (such as false evidence, failure to read rights, coerced confession)
- The drugs were discovered in violation of Colorado’s search and seizure laws
- There is no evidence you used a controlled substance
- A drug test violated your constitutional rights
- The drug test was unreliable
- There was a legitimate prescription and you used the drugs as instructed and prescribed by your doctor
4. Further Reading
For more information on Colorado drug laws, see our related articles:
- Pulled over leaving Colorado? What can happen to me? – what to expect if police pull you over after you cross state lines
- Alternative imposition of sentence in drug felonies in Colorado – explanation of how courts prefer probation and community corrections to prison when possible
- What happens to a minor in possession of drugs in Colorado? – discussion of juvenile laws for underage offenders
- Drug checkpoints leaving Colorado – overview of how police may set up roadblocks to check motorists for drugs
- What recreational drugs are legal in Colorado? – summary of what drugs are lawful to possess and in what amounts
5. Helpful Resources
If you or a loved one is struggling with addiction, you can find help here:
- Shatterproof – national nonprofit organization dedicated to ending the devastation addiction causes families
- Narcotics Anonymous – nonprofit fellowship for people seeking recovery from drug addiction through a 12-step program
- Recovery.org – online resource for news, tools and community support for addiction recovery
- The Recovery Village – provides education, resources and treatment options for drug and alcohol addiction
- Faces & Voices of Recovery – organization dedicated to organizing recovery advocates and communities
Legal References
- Colo. Rev. Stat. § 18-18-403.5 (1)(2); House Bill 19-1263.
- Colo. Rev. Stat. § 18-18-405 (1)(a).
- Colo. Rev. Stat. § 18-18-404(1)(a).