MINES’ POLICY LIBRARY

Colorado Drug Law Summary

POLICY PROFILE

Responsible Administrative Unit: Student Life

Policy Contact: Associate Dean of Students, Derek Morgan (dmorgan@mines.edu)

This policy is linked from the Human Resources and Student sections of the policy library.

Attachment A – Colorado Drug Laws
Substance  Type of Offense Legal Sanction
Alcohol

Consumption/possession under 21

Status Offense (age based crime)

1st offense– fine < $250 and 24 hrs of
Community Service
2nd offense– Fine <$500, alcohol evaluation and assessment, recommended alcohol treatment and 24 hrs of Community Service.
3rd offense– Class 2 misdemeanor (3-12
months in jail and/or fine $250-
1,000) complete alcohol evaluation and treatment.

**911 immunity
If an underage person calls 911, if the first person to report and request aid for another underage person needing medical attention due to alcohol consumption

Additional costs/consequences not specified in statute:
Possible loss of Driver’s License
Court fees

Alcohol Underage drinking and driving
(UDD)

BAC limit .02-.05 for DUI
Court imposed sanctions:

  • Class A traffic infraction- 4 points plus the original violation
  • Up to 24 hrs. on Community service
  • Alcohol evaluation and treatment

DOR/DMV sanctions:

  • Loss of license

Additional consequences:

  • Higher insurance
  • Court costs
  • Attorney fees

Current estimates put the total cost of an alcohol related traffic violation at
+/- $10,000

Alcohol/drugs Driving while intoxicated or
impaired by alcohol or drugs
(DUI/DUID)

Criminal misdemeanor:

  • Up to 18 months in jail
  • Up to $5,000 in fines
  • Alcohol/drug evaluation and treatment
  • Probation (depends on jail sentence if any)
  • Community Service
  • Unable to make a non-alcohol plea arrangement
  • 2nd and subsequent convictions have mandatory jail sentences

DOR/DMV consequences:

  • Loss of license
  • Interlock device
  • Increased insurance rates/requirements

Additional consequences:

  • Long term insurance rate increases
  • Attorney fees
  • Life-long alcohol conviction on record

Current estimates put the total cost of an alcohol related traffic violation at +/- $10,000

Schedule I or II

  • Cocaine, Opium, Heroin, Morphine, Methadone, LSD, Mescaline, Psilocybin

Non-schedule I or II:

  • Flunitrazepam, Ketamine

POSSESSION only

Manufacturing or Distribution:
1st Offense
2nd Offense

Class 6 felony
1-1.5 yrs. prison and or $1,000-$100,000 fine

Class 3 Felony
4-12 yrs. prison, $3,000-$750,000 fine
Class 2 Felony
8-24 yrs. prison, $5,000-$1,000,000 fine

Schedule III, IV and V (described below)

POSSESSION only

Class 1 Misdemeanor

6-18 months in Jail and or $500 to $5,000 in fines.
Methamphetamine POSSESSION only
2 grams or Less is a Class 6
felony
More than 2 grams is a Class 4
felony

1-1.5 yrs. prison and or $1,000 to $100,000 in fines
2-6 yrs. prison and or $2,000 to $500,000 in fines

Schedule III, such as: PCP, Codeine, Dilaudid

DISTRIBUTION
1st Offense:
Class 4 Felony

Second or subsequent conviction:
Class 3 Felony

2-6 yrs. prison
$2,000-$500,000 fine

4-12 yrs. prison and or $3,000-$750,000

Schedule IV, such as: Chloral Hydrate, Tranquilizers, some barbiturates and stimulants

DISTRIBUTION
1st Offense:
Class 5 Felony

Second or subsequent conviction:
Class 4 Felony

1-3 yrs. prison
$1,000-$100,000 fine

2-6 yrs. prison,
$2,000-$500,000 fine

Schedule V, such as:
Codeine and other
narcotics

DISTRIBUTION
1st Offense:
Class 1 Misdemeanor

Second or subsequent conviction:
Class 5 Felony

 

6-18 months jail. $500 to $5,000 fine

1-3 yrs. prison,
$1,000-$100,000 fine

Flunitrazepam or Ketamine

DISTRIBUTION
1st Offense:
Class 3 felony

Second or subsequent conviction:
Class 2 felony

4-12 yrs. prison
$3,000-$750,000 fine

8-24 years prison
$5,000-$1,000,000 fine

*Note: All drug and alcohol convictions can result in additional sanctions by the court to include a prohibition of use prior to the case and during any probation/parole. Additionally the court can order the convicted to pay for evaluations, treatment, tests, etc. The above are listed as general guidelines only.

 

Marijuana Laws

With the passage of Amendment 64 in 2012, new laws are being created governing marijuana use in the state of Colorado. Below is a brief overview of the laws related to marijuana use. At this time there are several District Attorney’s Offices evaluating the law and determining how enforcement is going to happen within their jurisdictions.

Amendment 64

ALLOWS:
Person’s over the age of 21 to:

  • Possess, use, display, purchase or transport one ounce or less of marijuana
  • Possess, purchase or transport marijuana accessories
  • Grow up to 6 marijuana plants (only 3 of which are flowering)
  • Possess all the marijuana produced by the plants on the premises where the plants are grown
  • Transfer 1 ounce or less to another adult (21 years of age or older) without compensation.

NOT ALLOWED

  • Use of marijuana by anyone under the age of 21. The exception would be anyone with a medical marijuana certificate.
  • Driving under the influence of marijuana
  • Public use
  • Use in a manner “that endangers others”
Current marijuana laws

POSSESSION:
Less than 2 ounces

2-6 ounces

6-12 ounces

More the 12 ounces

 

PUBLIC USE AND DISPLAY:

Less than 2 ounces

More than 2 ounces

 

DISTRIBUTION:

5 LBS or less

5-100 LBS

More than 100 LBS

Class 2 petty offense- Fine not more than $100
Class 2 misdemeanor
3-12 months jail – $250-$1,000
Class 1 misdemeanor
6-18 months jail – $500-$5,000
Class 6 felony
1-1.5 years prison – $1000-100,000

 

Class 2 petty offense- Fine of $100 and 15 days jail
Class 2 misdemeanor
3-12 months jail – $250-$1,000

 

Class 5 felony
1-3 yrs. Prison – $1,000-$100,000 fine
Class 4 felony
2-6 yrs. Prison – $2,000-$500,000 fine
Class 3 felony
4-12 yrs. prison and or $3,000-$750,000

HISTORY AND REVIEW CYCLE

Updated February 13, 2013