If you have recently been charged with a drug crime, you are more than likely confused and embarrassed. It’s important that you get the best legal advice possible. After all, a drug crime can affect the rest of your life. It’s important to have an experienced drug crime defense lawyer on your side. At The Law Office of Andres R. Guevara, we have the experience, skill, and knowledge that you need, and we are committed to helping you receive the best results possible. We have handled cases involving marijuana, cocaine, meth, heroin, and other illegal drugs.
Colorado was the first state in the nation to legalize the growing and selling of recreational and medical marijuana. While many people associate Colorado with legalized marijuana, it’s important to discuss the distinction between what is legal in Colorado and what is still not legal. For instance, it is legal for an adult aged 21 or over to:
- Possess up to one ounce of marijuana for recreational use
- Grow or cultivate up to six marijuana plants
- Give away marijuana to other adults aged 21 and over (without exchanging money)
- Cultivate, process, and sell industrial hemp
However, this still leaves a lot of room for illegal activities involving marijuana. Because the law regulates the possession to one ounce, anything over that amount can lead to some form of an offense. For example, more than one ounce, but less than two, is considered a petty offense and can lead up to a fine of $100 dollars. While that may seem minor, there are many more serious charges involving marijuana possessions. If a person is found in possession of more than 12 ounces of marijuana or more than three ounces of concentrate, it’s considered a class six felony. This is punishable with between one and two years of imprisonment and possibly a fine of $1,000–$100,000 dollars. Furthermore, if a Colorado resident is found with more than 100 pounds of marijuana or concentrate, this would be considered a class three felony. Punishment for possession of this size includes between four and 12 years of imprisonment and/or a fine between $3,000 dollars and $750,000 dollars.
Cocaine is an incredibly dangerous and addictive drug. In 2008, almost 15 percent of Americans had tried cocaine. Cocaine, also known as “coke,” “C,” “snow,” “flake,” or “blow,” can create a euphoric, energetic, talkative, mentally alert feeling. Cocaine can also decrease your need for food and sleep. It’s incredibly addictive, with nearly 1.4 million Americans meeting the Diagnostic and Statistical Manual of Mental Disorders criteria for dependence or abuse of cocaine.
Because of it’s classification as a dangerous drug that puts the user at a high risk of severe psychological and physical dependence, it’s known as a Schedule I Narcotic. Selling or being in possession of cocaine is a felony crime in Colorado. Selling cocaine is a class three felony, which means you could spend up to 12 years in prison and possibly face a $750,000 dollar fine. Possession of cocaine is a class four felony and could lead up to six years in prison and/or possibly $500,000 dollars in fines.
Methamphetamine is a highly addictive drug. Also known as “crystal meth,” “ice,” “crank,” “speed,” and “glass,” to name a few, this drug causes increased wakefulness, increased physical activity, decreased appetite, rapid breathing and heart rate, irregular heartbeat, increased blood pressure, and hypothermia. Overdosing on methamphetamine could result in death. It should be noted that the manufacturing process involves explosives and noxious chemicals, making the drug even more dangerous for people around.
Methamphetamine is known as a schedule II substance, meaning that it has a high potential for abuse and limited medical care. If you are found in possession of methamphetamine, it could be considered a class three felony, leading to between four and 12 years in prison with a potential fine of $3,000–$750,000 dollars. The second offense is even more severe, with the potential of anywhere from eight to 24 years in prison with a fine of between $5,000 dollars and $1 million dollars.
Being in possession of methamphetamine is an extremely difficult and life-changing experience. If you are in this situation, it’s important that you have help that you can trust and that will have your best interest at heart.
How are the drug cases prosecuted?
As mentioned above, drug crimes are severe and life-changing. If you are found in possession of any of the above drugs, it’s important that you get the help that you need. Each case is different, with a variety of conditions coming into play, such as:
- Intent to sell or distribute
- Evidence of sales activity
- Having large amounts of money
- Classification under the drug schedule
- Purpose of the possession (personal use or for sale)
Andres R. Guevara used to prosecute drug cases. He is familiar with police procedure in drug arrests. He understands what it takes to build a case against you, which in turn helps him to build your defense case. Our team is experienced and offers expertise that you can trust. We offer a free consultation in which you get to talk with an experienced Denver, CO, criminal defense lawyer. We’ll listen to your situation and figure out the best options for moving forward. We want to make sure that you are treated as fairly as possible. Please free to call us to schedule a free consultation today.