Under new legislation that took effect in early 2020, most drug possession offenses result in misdemeanor rather than felony charges in Colorado. The law covers any amount of Schedule III, IV or V substances as well as up to 4 grams of Schedule I and II substances.
Possession of Schedule I or II substances results in a level I misdemeanor in Colorado. A convicted person can receive two years probation for the first offense with up to 180 days in jail for violating probation. The maximum fine for this offense is $1,000. A third-time drug misdemeanor can carry up to 364 days in jail.
Level 2 misdemeanor
This type of charge typically applies to possession of a controlled substance in Schedules III, IV or IV. It can also apply to unlawful use of a controlled substance. The convicted person can receive one year of probation with up to 120 days in jail for violating probation. The maximum fine for this offense is $500. For a third-time misdemeanor of this kind, a person can receive a jail sentence of up to 180 days.
Some drug-related crimes still result in felony charges in Colorado including: