In Colorado, the use or possession of morphine is only legal for individuals with a valid prescription. Anyone who unlawfully uses, sells, or has morphine in their possession is guilty of a criminal offense. Under Colorado drug laws, the penalties for drug possession or sale depend on the amount of morphine found, which may result in misdemeanor or felony drug charges.

In this article, our Colorado criminal defense lawyers will address:

• 1. What is morphine?
• 2. What are the legal uses of morphine?
• 3. What are the penalties for the unlawful use of morphine?
• 4. What are the penalties for the unlawful possession of morphine?
• 5. What are the penalties for the unlawful sale or distribution?
• 6. Can I avoid jail time for a drug charge?
• 7. What are defenses to criminal charges?

1. What is morphine?

Morphine is a naturally occurring substance extracted from a type of poppy plant. Morphine is only legally available with a valid prescription. Morphine is an opiate pain medication that acts on the central nervous system to decrease the sensation of acute or chronic pain. Morphine is commonly administered in medical settings for pain management. Morphine is generally administered orally, by injection under the skin or into a muscle, or intravenously.

Morphine has a high potential for addiction and abuse. Individuals may become addicted to morphine and seek out morphine through illegal channels, or switch to other opioid drugs, such as heroin, Oxycontin, or opium.

Controlled substances include illegal drugs, prescription medications, over-the-counter drugs, and synthetic drugs. Controlled substances in Colorado are classified by schedule based on their medically accepted uses and potential for abuse. Morphine is a Schedule II drug, which has a high potential for abuse. Other Schedule II drugs include Vicodin, oxycodone, cocaine, and methamphetamines.¹

2. What are the legal uses of morphine?

Morphine is legal to possess and use only with a valid prescription from a licensed practitioner for medical treatment.² However, an individual with a morphine prescription cannot give or sell their prescription or morphine to another person. Selling or dispensing legally prescribed morphine to another is a criminal offense.

3. What are the penalties for the unlawful use of morphine?

Under Colorado law, the unauthorized use of a controlled substance, including morphine, is a 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

4. What are the penalties for the unlawful possession of morphine?

Possessing up to 4 grams of morphine is a level 1 drug misdemeanor. The sentence is:

• 6 to 18 months in jail; and/or
• $500 to $5,000 in fines

But, the court can instead impose probation, which may include:

• Possibly 180 days in jail time (or up to 364 days for a 3rd offense); and/or
• Up to $1,000 in fines

However, a fourth conviction of possessing morphine 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.

Meanwhile, possessing more than 4 grams of morphine is automatically 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.

5. What are the penalties for the unlawful sale or distribution?

Under Colorado law, the unlawful sale or possession for sale of a schedule II controlled substance, including morphine, is a felony. Under CRS 18-18-405, the penalties for sale or distribution of morphine depends on the amount of morphine and any material, compound or mixture involved.

Amount of Morphine	Not more than 14 grams	More than 14 grams, but not more than 225 grams	More than 225 grams
Drug Felony Level	Level 3 Drug Felony	Level 2 Drug Felony	Level 1 Drug Felony
Prison Time	2 to 4 Years	4 to 8 Years	8 to 32 Years
Fines	$2,000 to $500,000	$3,000 to $750,000	$5,000 to $1 million

It is also a level 1 drug felony to sell, dispense, or distribute any morphine to a minor who is at least two years younger than you.

If you are incarcerated, on parole or on probation for a prior felony, a conviction for selling morphine may result in aggravated drug sentencing with increased penalties.

6. Can I avoid jail time for a drug charge?

Simple use of morphine may only result in a misdemeanor drug charge. A level 2 drug misdemeanor has the potential for jail time; however, in most cases, you will only have to pay a simple fine and can avoid jail time.

If it is your first offense for unlawful morphine use or possession, you may be eligible for a pretrial diversion program.³ You can complete a court-approved treatment program while your trial is delayed. Upon successful completion, you may have your misdemeanor drug charges dropped. If charged with a low-level drug felony, you may be placed on probation while you complete a court-approved drug treatment and education program. Upon successful completion, you may have your felony drug charges reduced to misdemeanor drug possession.⁴

However, you may not be eligible for a diversion program or sentencing reduction if you have a prior conviction for a crime of violence, two or more prior felony drug convictions, or are ineligible for probation because of prior offenses. You may also be ineligible if you were in possession of more than 4 grams or morphine.

7. What are defenses to criminal charges?

There are a number of possible defenses to criminal charges for morphine possession or sale. Common drug crime defenses include:

• The morphine belonged to someone else
• You had a valid prescription for morphine
• The morphine was not in an area within your control
• The police found morphine as part of an unlawful search or seizure

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