Colorado Narcotics Law and Advice from a Boulder Drug Attorney

By J. Scott McComas | Published on December 2, 2011 | 0 Comments

Colorado has a reputation as a more marijuana friendly state for both medicinal and recreational use. Medicinal cannabis is allowed for approved patients with appropriate medical consent, while simple possession of paraphernalia or two ounces or less of marijuana is considered a petty offense carrying a $100 fine. Denver and Breckenridge passed decriminalization within city limits of up to one ounce of marijuana for adults aged 21 or older. However, as a Boulder drug attorney explains, you can still end up with stiff penalties if you don’t have a good understanding of the law and, if arrested, may be subject to random, mandatory urine screens.

J. Scott McComas of J. Scott McComas, P.C., handles many marijuana and other narcotics cases as a drug attorney. Boulder, home of the University of Colorado, has a drug profile many would associate with a college town; mostly marijuana, with some amount of ecstasy, cocaine and other recreational drugs. Boulder enforces state law which regards possession of less than 2 ounces a petty offense; many of these cases McComas handles, in appropriate circumstances, can result in an outcome where the case record can ultimately be sealed.

However, there is a significant difference between the penalties of simple possession and the possession of moderate to large quantities. The Boulder drug attorney explains that even moderate quantities of marijuana packaged separately will be treated by most prosecutors as a distribution-level offense. Oftentimes, McComas says, people with drug dependencies are charged as distributors because they possess large amounts in separate quantities. This presents the drug dependent individual with a challenging situation, as they are better served by drug treatment rather than being dealt with as drug distributors.

It’s also important to understand that the combination of firearms and drugs can get a defendant in profoundly serious trouble. If you’re suspected of any level of drug distribution and have a firearm “available for use”—which is extremely vague legal language—you’re likely looking at aggravated mandatory prison sentencing, McComas says.

The Boulder drug attorney explains that many people charged with drug offenses were initially contacted in routine stops, or “knock and talks” at their residence, by police. In any of these encounters, it is not in the interest of the person dealing with police to respond to police questions. The best response is to politely ask to have an opportunity to speak with a lawyer before any further questions are asked. In traffic encounters, if the police have a reason to believe a driver is impaired, they may ask to conduct a search of the driver, passengers or the vehicle for evidence of the impairment; be it paraphernalia or illicit drugs. “On the street” encounters may have officers asking to turn out the citizen’s pockets or asking them to admit whether they are carrying drugs. In residential situations, officers may request to enter the house. In response to any of these situations, McComas urges people to never consent to a search. If the police have a warrant, they are entitled to search. In some cases, where they do not have a warrant, the police are entitled to search nonetheless, so long as they have probable cause. (While a person should not consent to a search, under no circumstances should a person resist the officers’ actions in searching.) However, if the police do not have probable cause to search or if they do not obtain a warrant when that is required, it is possible to have any seized drug suppressed. But in most cases whether probable cause exists will have to be determined at a later stage by a judge. The only way to preserve your right to object to a search is to refuse to consent to it.

This article by no means addresses all of the issues that may be raised in a drug case. In any given case, facts may be present that provide their own opportunities for possible defenses. Conferring with an experienced Boulder drug attorney at the earliest possible time after any encounter with police is critical to developing the best case for a defendant facing such charges.

Despite the state’s general leniency towards simple marijuana possession, it’s important not to confuse that with having lax drug laws; recreational users can still end up with fines, intrusive probation conditions, jail and possible future adverse consequences affecting employment, housing, government benefits and the like.

*Disclaimer: This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.

What People Are Saying.