Heroin is a controlled substance derived from ingredients found in the seeds of the poppy plant. Since it is highly addictive, its possession, use and sale are against the law. A person in Colorado caught with heroin can face severe penalties.
Overview of Colorado drug laws
Colorado classifies drugs into different “schedules” based on their potential for abuse, with Schedule I being the most addictive. Heroin falls under Schedule I because of the high risk of addiction, and it has no approved medical use. Schedule V substances include many prescription drugs with low abuse risk and trace amounts of some narcotic substances.
Penalties for drug charges are based on several factors, such as amount, conviction history, and intention. A skilled defense team might argue that the defendant lacked intent or made a mistake of fact because the substance in question is not actually heroin.
Penalties for heroin
Colorado charges heroin possession and distribution under three classes of misdemeanors or six levels of felonies. “Possession” is commonly defined as having physical control of drugs on the person, including in bags or other containers.
Penalties for using heroin are up to one year in jail, one year of probation, and a $250 to $1,000 fine. Possessing four grams or less of heroin counts as a misdemeanor and includes penalties of up to 180 days in jail and a $1,000 fine. In some situations, a defendant might face two years of probation instead of jail time and community service instead of fines.
A Level 1 felony for distributing or selling over 112 grams commonly means penalties of up $1 million in fines and 32 years in jail. Selling or distributing between 14 and 225 grams is a Level 2 felony with penalties of up to eight years in jail and up to $750,000 in fines.
Mistakes are often made during arrests and traffic stops. A person could find themselves facing serious drug charges as a result, though. It’s important to mount a vigorous defense against any allegations in order to avoid harsh legal consequences.