You may hear the term “wobbler offense” if you face drug-related charges in Colorado. Those in the legal system use this term to describe a crime that prosecutors can charge as either a misdemeanor or a felony.
The Colorado court may agree to reduce a felony drug charge to a misdemeanor, including but not limited to these offenses:
Use of deceit or fraud to obtain drugs
Possession of more than 3 oz of cannabis concentrate or 12 oz of cannabis flower
Distribution of up to 4 g of a controlled substance or up to 2 g of ketamine, methamphetamine or heroin to one other person
Possession of up to 4 g of a controlled substance or up to 2 g of ketamine, methamphetamine or heroin
If charged as a felony, these offenses carry up to a year in prison for conviction.
Disqualification criteria
You cannot qualify for the wobbler downgrade of your charges in certain situations. The court will deny this request if you already received a deferred or diverted sentence for a prior felony charge, have more than two past drug-related misdemeanor convictions, or do not qualify for probation.
Qualifying for misdemeanor rather than felony drug charges can preserve your eligibility for housing and loans while reducing the likelihood of future employment problems because of a criminal record. You must successfully complete a probationary sentence to qualify for dismissal of felony charges in your case.
