Possession of a Controlled Substance

The laws concerning the use and/or possession of a controlled substance in Colorado recently changed, and as a result, the consequences associated with possession have changed. The unlawful use of a schedule I or II controlled substance has been reduced from a class 6 felony to a class 2 misdemeanor, while unlawful use of a schedule 3, 4, o 5 controlled substance has been reduced from a class 1 to a class 2 misdemeanor.

The threshold quantity for unlawful possession of a schedule I/II controlled substance has increased from one gram or less to four grams or less, except for methamphetamines, where the threshold quantity is two grams or less. There is also no longer an automatic increase in felony offense class if the defendant has a prior conviction. Also, possession of schedule III/IV/V has been reduced to a misdemeanor offense (class 1).

Marijuana possession laws also have changed. Possession of two ounces or less is now a petty offense, while possession of between two and six ounces is a class 2 misdemeanor. More than 6 ounces but less than 12 ounces is now a class 1 misdemeanor. More than twelve ounces is a class 6 felony. A second conviction for marijuana possession does not carry mandatory elevation to felony class.