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Colorado Mandatory Drug Crime Sentencing Laws Involving The Sale or Distribution of Controlled Substances - Colorado Revised Statute 18-18-405

By Colorado Drug Crimes Lawyer – H. Michael Steinberg

Mandatory Prison Sentences for Colorado Drug Crimes Laws

Colorado Drug Crimes Can Destroy Lives

 

Colorado has drug crime sentencing laws that are among the harshest sentencing laws in the country.  This web page addresses the mandatory prison sentences for these crimes -

Part I addresses the typical sentencing possibilities for Colorado Drug Crimes not based on the weight of the drugs and not involving mandatory prison sentences.

Part II provides the statute – laws that define the actual punishment - involving mandatory prison sentences – for the Sales and Distribution in certain amounts of these controlled substances

The Colorado Drug Crime Sentencing Laws – Non- Mandatory

Part I. The Unlawful Distribution, Manufacturing, Dispensing, or Sale of Controlled Substances

Colorado 18-18-405. Unlawful Distribution, Manufacturing, Dispensing, or Sale of Controlled Substances

(1) (a) Except as authorized by part 1 of article 42.5 of title 12, C.R.S., part 2 of article 80 of title 27, C.R.S., or part 2 or 3 of this article,

…it is unlawful for any person knowingly to manufacture, dispense, sell, or distribute, or to possess with intent to manufacture, dispense, sell, or distribute, a controlled substance; or induce, attempt to induce,

….or conspire with one or more other persons, to manufacture, dispense, sell, distribute, or possess with intent to manufacture, dispense, sell, or distribute, a controlled substance; or possess one or more chemicals or supplies or equipment with intent to manufacture a controlled substance.

(b) As used in this subsection (1), “dispense” does not include labeling, as defined in section 12-42.5-102 (18), C.R.S.

(2) (a) Except as is otherwise provided for offenses concerning marijuana and marijuana concentrate in section 18-18-406 and for offenses involving minors in section 18-18-407 (1) (g), any person who violates any of the provisions of subsection (1) of this section:

(I) In the case of a controlled substance listed in schedule I or II of part 2 of this article, commits: 

(A) A class 3 felony; or

(B) A class 2 felony, if the violation is committed subsequent to a prior conviction in this or any other state, the United States, or any territory subject to the jurisdiction of the United States of a violation to which this subparagraph (I) applies or would apply if convicted in this state;

(II) In the case of a controlled substance listed in schedule III of part 2 of this article, commits:

(A) A class 4 felony; or

(B) A class 3 felony, if the violation is committed subsequent to any prior conviction in this or any other state, the United States, or any territory subject to the jurisdiction of the United States of a violation to which subparagraph (I) of this paragraph (a) or this subparagraph (II) applies or would apply if convicted in this state;

(III) In the case of a controlled substance listed in schedule IV of part 2 of this article, commits:

(A) A class 5 felony; or

(B) A class 4 felony, if the violation is committed subsequent to a prior conviction in this or any other state, the United States, or any territory subject to the jurisdiction of the United States of a violation to which subparagraph (I) or (II) of this paragraph (a) or this subparagraph (III) applies or would apply if convicted in this state;

(IV) In the case of a controlled substance listed in schedule V of part 2 of this article, commits:

(A) A class 1 misdemeanor; or

(B) A class 5 felony, if the violation is committed subsequent to any prior conviction in this or any other state, the United States, or any territory subject to the jurisdiction of the United States of a violation to which subparagraph (I), (II), or (III) of this paragraph (a) or this subparagraph (IV) applies or would apply if convicted in this state.

..Colorado Mandatory Drug Crime Sentencing Laws.

Colorado Mandatory Drug Crime Sentencing Laws

Part II – Mandatory Prison Sentences for Certain Colorado Drug Crimes

(Penalties for Second and Subsequent Conviction)

(2.5) (a) Notwithstanding the provisions of subparagraph (III) of paragraph (a) of subsection (2) of this section, a person who violates the provisions of subsection (1) of this section with regard to flunitrazepam or ketamine commits a class 3 felony; except that the person commits a class 2 felony if the violation is committed subsequent to a prior conviction in this or any other state, the United States, or any territory subject to the jurisdiction of the United States of a violation involving flunitrazepam or ketamine or to which subparagraph (I) of paragraph (a) of subsection (2) of this section applies or would apply if convicted in this state.

(Mandatory Drug Sentencing for Distribution Of Large Amounts of Controlled Substances)

(b) Any person convicted of violating the provisions of subsection (1) of this section with regard to flunitrazepam (most commonly known as Rohypnol )or ketamine shall be subject to the mandatory sentencing provisions of subsection (3) of this section.

Colorado Mandatory Sentencing For Felony Drug Crimes Involving…Schedule I and II Drugs 

(Covers – knowingly manufacturing, dispensing, selling, distributing, or possessing with intent to manufacture, dispense, sell, or distribute -  Schedule I and II Drugs)

Schedule I and II Drugs

(3) (a) Unless a greater sentence is required pursuant to the provisions of another statute, any person convicted pursuant to subparagraph (I) of paragraph (a) of subsection (2) of this section for knowingly manufacturing, dispensing, selling, distributing, or possessing with intent to manufacture, dispense, sell, or distribute, or inducing, attempting to induce, or conspiring with one or more other persons, to manufacture, dispense, sell, distribute, or possess with intent to manufacture, dispense, sell, or distribute an amount that is or has been represented to be:

(I) At least twenty-five grams or one ounce but less than four hundred fifty grams of any material, compound, mixture, or preparation that contains a schedule I or schedule II controlled substance as listed in section 18-18-203 or 18-18-204 shall be sentenced to the department of corrections for at least the minimum term of incarceration in the presumptive range provided for such offense in section 18-1.3-401 (1) (a) with regard to offenses other than manufacturing, dispensing, selling, distributing, or possessing with intent to manufacture, dispense, sell, or distribute, and for at least the minimum term of incarceration in the presumptive range provided for such offense in section 18-1.3-401 (1) (a) as modified pursuant to section 18-1.3-401 (10) with regard to manufacturing, dispensing, selling, distributing, or possessing with intent to manufacture, dispense, sell, or distribute;

(II) At least four hundred fifty grams or one pound but less than one thousand grams of any material, compound, mixture, or preparation that contains a schedule I or schedule II controlled substance as listed in section 18-18-203 or 18-18-204 shall be sentenced to the department of corrections for a term of at least the midpoint of the presumptive range but not more than twice the maximum presumptive range provided for such offense in section 18-1.3-401 (1) (a) with regard to offenses other than manufacturing, dispensing, selling, distributing, or possessing with intent to manufacture, dispense, sell, or distribute, and for a term of at least the midpoint of the presumptive range but not more than twice the maximum presumptive range provided for such offense in section 18-1.3-401 (1) (a) as modified pursuant to section 18-1.3-401 (10) with regard to manufacturing, dispensing, selling, distributing, or possessing with intent to manufacture, dispense, sell, or distribute;

(III) One thousand grams or one kilogram or more of any material, compound, mixture, or preparation that contains a schedule I or schedule II controlled substance as listed in section 18-18-203 or 18-18-204 shall be sentenced to the department of corrections for a term greater than the maximum presumptive range but not more than twice the maximum presumptive range provided for such offense in section 18-1.3-401 (1) (a) with regard to offenses other than manufacturing, dispensing, selling, distributing, or possessing with intent to manufacture, dispense, sell, or distribute, and for a term greater than the maximum presumptive range but not more than twice the maximum presumptive range provided for such offense in section 18-1.3-401 (1) (a) as modified pursuant to section 18-1.3-401 (10) with regard to manufacturing, dispensing, selling, distributing, or possessing with intent to manufacture, dispense, sell, or distribute.

Enhanced Fines

(b) In addition to any other penalty imposed under this subsection (3), upon conviction, a person who violates this subsection (3) shall be fined not less than one thousand dollars but not more than five hundred thousand dollars. For offenses committed on or after July 1, 1985, the fine shall be in an amount within the presumptive range set out in section 18-1.3-401 (1) (a) (III).

(3.5) The felony offense of unlawfully manufacturing, dispensing, selling, distributing, or possessing with intent to unlawfully manufacture, dispense, sell, or distribute a controlled substance is an extraordinary risk crime that is subject to the modified presumptive sentencing range specified in section 18-1.3-401 (10).

….

(5) When a person commits unlawful distribution, manufacture, dispensing, sale, or possession with intent to manufacture, dispense, sell, or distribute any schedule I or schedule II controlled substance, as listed in section 18-18-203 or 18-18-204, flunitrazepam, or ketamine, pursuant to subsection (1) of this section, twice or more within a period of six months, without having been placed in jeopardy for the prior offense or offenses, and the aggregate amount of the schedule I or schedule II controlled substance, flunitrazepam, or ketamine involved equals or exceeds twenty-five grams, the defendant shall be sentenced pursuant to the mandatory sentencing requirements specified in subsection (3) of this section.

…..

Enhanced Mandatory Prison Sentencing For Drug Sales to Minors (Under 18 years of Age)

(7) Notwithstanding the provisions of subsection (2) of this section, and except as otherwise provided in sub-subparagraph (B) of subparagraph (I) of paragraph (a) of subsection (2) or paragraph (a) of subsection (2.5) of this section, a person who violates subsection (1) of this section by selling, dispensing, or distributing a controlled substance other than marijuana or marijuana concentrate to a minor under eighteen years of age and who is at least eighteen years of age and at least two years older than the minor commits a class 3 felony and, unless a greater sentence is provided under any other statute, shall be sentenced to the department of corrections for a term of at least the minimum, but not more than twice the maximum, of the presumptive range provided for such offense in section 18-1.3-401 (1) (a) as modified pursuant to section 18-1.3-401 (10). 

For a Sentencing Chart on Colorado Sentencing Penalties for different crimes CLICK HERE  

Summary of the ALL Colorado Drug Offender Special Offender laws: Special Drug Offender Laws

Offenders convicted of felony drug offenses may be designated as “special offenders” if extraordinary aggravating circumstances exist.

The court must sentence special offenders to a term of at least the minimum and no more than twice the maximum of the presumptive range for a class 2 felony. Therefore, the presumptive range for special offenders is 8 to 48 years. A defendant is required to be designated a special offender if he or she:

• was previously convicted of two ore more offenses which were punishable by one year or more of imprisonment and involved the manufacture, sale, dispensing, or distribution of controlled substances;

• committed an offense as part of a pattern of manufacturing, selling, dispensing, or distributing controlled substances, which constituted a substantial source of the defendant’s income and in which he or she exhibited special skill or expertise;

• committed a felony which was a conspiracy with one or more persons to engage in a pattern of manufacturing, selling, dispensing, or distributing a controlled substance, and the defendant did or agreed to initiate, organize, plan, finance, direct, manage, or supervise all or part of the conspiracy, or gave or received a bribe, or used force;

• unlawfully introduced, distributed, or imported into Colorado more than four grams of any schedule I or II controlled substance, or more than two grams of methamphetamine;

• unlawfully sold, dispensed, distributed, possessed, or imported into Colorado a quantity in excess of 100 pounds of marijuana or marijuana concentrate;

• used, displayed, or possessed a deadly weapon at the time of the commission of the offense, or the defendant or a confederate possessed a firearm in a manner that posed a risk to others or in a vehicle used during the commission of a drug offense;

• solicited, induced, encouraged, intimidated, employed, hired, or procured a child to act as his or her agent to assist in the unlawful distribution, manufacturing, dispensing, sale, or possession for the purposes of sale of any controlled substance;

• engaged in a continuing criminal enterprise by committing a drug offense and the offense is part of a continuing series of two or more drug offenses undertaken by the defendant in concert with five or more other persons that the defendant supervised, and the defendant obtained substantial income or resources; and

• is convicted of selling, distributing, possessing with the intent to distribute, manufacturing, or attempting to manufacture any controlled substance either within or upon the grounds of any public or private school or public housing development, or within 1,000 feet of any school or public housing development, or within any private dwelling that is accessible to the public, or in any school vehicle while the vehicle is transporting students.

It should be noted that the court may consider aggravating sentences other than those listed previously, and any defendants deemed special offenders who are subject to a greater sentence pursuant to another state law may be sentenced to the greater sentence.

Please call our law firm if you have questions about ..

Colorado Mandatory Sentencing Laws Involving The Sale or Distribution of Controlled Substances 

H. Michael Steinberg has been a Colorado criminal law specialist attorney for 30 years (as of 2012). For the First 13 years of his career, he was an Arapahoe – Douglas County District Attorney Senior  prosecutor. In 1999 he formed his own law firm for the defense of Colorado criminal cases.

In addition to handling tens of thousands of cases in the trial courts of Colorado, he has written hundreds of articles regarding the practice of Colorado criminal law and frequently provides legal analysis on radio and television, appearing on the Fox News Channel, CNN and Various National and Local Newspapers and Radio Stations.  Please call him at your convenience at 720-220-2277 

If you have questions about Colorado Mandatory Sentencing Laws Involving The Sale or Distribution of Controlled Substances in the Denver metropolitan area and throughout Colorado, attorney H. Michael Steinberg will be pleased to answer those questions and to provides quality legal representation to those charged in Colorado adult and juvenile criminal matters.

In the Denver metropolitan area and throughout Colorado, attorney H. Michael Steinberg provides quality legal representation to those charged in Colorado adult and juvenile criminal matters.

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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
The Edward Building
8400 East Prentice Avenue - Suite 420
Greenwood Village, Colorado 80111
Primary Web Site:  http://www.HMichaelSteinberg.com
Colorado Criminal Law Blog:  www.Colorado-Criminal-Lawyer-Online.com
Main:  303.627.7777
Cell:  720.220.2277
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