Drug Possession Laws in Colorado

Possessing four grams or less of a Schedule I or II controlled substance (or any amount of a Schedule III, IV or V substance, with listed exceptions) is a level 1 drug misdemeanor: up to 180 days in jail (up to 364 days for a third or later offense) or probation up to two years, plus a fine up to $1,000; a fourth or later offense is a level 4 drug felony. Possessing more than four grams of a Schedule I or II substance, or any amount of flunitrazepam, ketamine, GHB or cathinones, is a level 4 drug felony (presumptive range six months to one year). For fentanyl and related opiates, possessing more than one gram but not more than four grams is a level 4 drug felony, and one gram or less is a level 1 drug misdemeanor. Possessing drug paraphernalia is a drug petty offense punishable by a fine of not more than $100.

Colorado's rule on court-appointed lawyers: The Colorado State Public Defender represents, without charge (except the processing fee), indigent persons charged with felonies, and indigent persons charged with misdemeanors that carry a possible sentence of incarceration, among others. The public defender makes the determination of indigency, subject to court review, under fiscal standards set by the Colorado Supreme Court. The person must submit an application signed under oath and under penalty of perjury; a copy goes to the prosecutor, who may request a hearing on eligibility. The applicant shall pay a nonrefundable processing fee of twenty-five dollars if court-appointed counsel enters an appearance; the fee is assessed at sentencing or final disposition and may be waived if the court finds the person lacks the financial resources to pay. Juveniles and their parents or guardians do not pay the fee. C.R.S. § 21-1-103

Lawyers set their own fees, and Colorado has rules on how they may charge. See hiring a criminal defense lawyer in Colorado for fee rules, how to check a lawyer's license and free help.

How release before trial works in Colorado: All persons shall be bailable by sufficient sureties except for capital offenses when proof is evident or presumption is great, or when, after a hearing held within ninety-six hours of arrest, the court finds the proof is evident or the presumption great and that the public would be placed in significant peril if the accused were released, for listed charges (such as a crime of violence while on probation, parole or bail for a prior crime of violence, a crime of violence after prior felony convictions, and sexual assault offenses). At the first appearance of a person in custody, the court determines the type of bond and conditions of release, which must be sufficient to reasonably ensure appearance and protect the safety of any person or the community, taking into consideration the person's financial condition. The court must presume all persons are eligible for release on bond with the appropriate and least-restrictive conditions; a monetary condition of release must be reasonable. If a court uses a bond schedule, it must consider individualized risk and circumstances and not solely the level of offense; courts use an empirically developed risk assessment instrument where available. Bond types range from an unsecured personal recognizance bond to secured bonds. For offenses punishable by fine only, any monetary condition may not exceed the maximum fine. C.R.S. §§ 16-4-101, 16-4-103, 16-4-104; Colo. Const. art. II, § 19 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Colorado expungement and record sealing rules.