What is Drug Paraphernalia?

Drug paraphernalia encompasses a wide range of items used in the production, consumption, or concealment of illicit substances. This can include anything from pipes and bongs to syringes, scales, and even certain household items that can be repurposed for drug use. In Fremont County, CO, the definition of drug paraphernalia is consistent with state and federal laws but may also include specific local ordinances.

Possession of Drug Paraphernalia in Fremont County

In Fremont County, possession of drug paraphernalia is a serious offense. Even if the paraphernalia itself does not contain any drugs, mere possession can lead to legal consequences. Law enforcement agencies in the county are vigilant in enforcing drug laws, and individuals found with paraphernalia may face charges and subsequent penalties.

Penalties for Drug Paraphernalia Charges

The penalties for drug paraphernalia charges in Fremont County can vary depending on several factors, including the type of paraphernalia involved, the amount of paraphernalia, any prior criminal history, and whether the individual is also facing drug possession charges. Penalties may include fines, probation, community service, and even incarceration in more severe cases.

Defenses Against Drug Paraphernalia Charges

If you’re facing drug paraphernalia charges, it’s essential to explore all possible defenses with the help of a skilled Fremont County criminal defense attorney. Common defenses may include lack of knowledge of the paraphernalia’s presence, unlawful search and seizure, or legitimate medical or industrial use of the items in question. An experienced lawyer can assess your case and determine the best course of action for your defense.

Navigating the Legal Process

Navigating the legal process can be daunting, especially for those unfamiliar with the complexities of drug laws in Fremont County, CO. Having competent legal representation is crucial to ensuring your rights are protected and exploring all available options for resolving your case. From negotiating plea deals to representing you in court, an attorney from The Bussey Law Firm, P.C. can provide the guidance and advocacy you need during this challenging time

Seeking Legal Assistance

If you’re facing drug paraphernalia charges, don’t wait to seek legal assistance. The consequences of a conviction can be severe and long-lasting, impacting your freedom, finances, and future opportunities. 

Navigating the Legal Process

Once you find yourself facing drug paraphernalia charges in Fremont County, CO, it’s crucial to understand the legal process that lies ahead. This can be a daunting and overwhelming experience, especially if you’re unfamiliar with the intricacies of the legal system. However, having a basic understanding of what to expect can help alleviate some of the stress associated with your situation.

First and foremost, it’s essential to consult with a qualified attorney who has experience handling drug-related cases in Fremont County. Your attorney will review the details of your case, assess the evidence against you, and develop a defense strategy tailored to your specific circumstances. They will also explain your rights and options, ensuring you are fully informed throughout the process.

In many cases, individuals facing drug paraphernalia charges may be eligible for alternatives to traditional prosecution, such as diversion programs or treatment options. These programs aim to address the underlying issues contributing to substance abuse and addiction while allowing individuals to avoid the harsh consequences of a criminal conviction. Your attorney can help determine if you qualify for any of these programs and advocate on your behalf to secure the best possible outcome for your case.

If your case proceeds to trial, your attorney will represent you in court, presenting evidence, cross-examining witnesses, and arguing on your behalf. While going to trial can be a stressful experience, having a skilled attorney by your side can provide reassurance and confidence in the courtroom. Your attorney will work tirelessly to defend your rights and challenge the prosecution’s case, striving to achieve a favorable verdict or negotiate a favorable plea agreement if necessary.

Throughout the legal process, it’s essential to maintain open communication with your attorney and follow their guidance closely. They are there to advocate for you and protect your interests every step of the way. By working together as a team, you can increase your chances of achieving a positive outcome and moving forward with your life.

Understanding drug paraphernalia charges in Fremont County, CO, is essential for anyone facing such allegations. With potential penalties ranging from fines to incarceration, it’s crucial to take these charges seriously and seek competent legal representation. The Bussey Law Firm, P.C. is dedicated to providing aggressive defense strategies for individuals facing drug paraphernalia charges, ensuring their rights are protected throughout the legal process. If you’re facing these charges, don’t hesitate to contact us for assistance and guidance. Your future may depend on it.

The post Understanding Drug Paraphernalia Charges in Fremont County, CO appeared first on Colorado Springs Attorneys.

In the realm of criminal law, the concept of probable cause plays a pivotal role in ensuring the protection of individuals’ rights and liberties. Particularly in drug-related cases, law enforcement officers must adhere to strict guidelines and requirements to establish probable cause for an arrest. In El Paso County, Colorado, understanding the nuances of probable cause in drug arrests is crucial for both law enforcement agencies and individuals facing charges. This page delves into the intricacies of probable cause and the associated requirements in El Paso County.

Probable Cause Defined

Probable cause, as defined by legal standards, refers to the reasonable belief that a person has committed or is committing a crime. In the context of drug arrests, it implies that law enforcement officers must have sufficient evidence or facts to believe that an individual is involved in illegal drug-related activities. This threshold is a constitutional requirement designed to protect citizens from unwarranted arrests and searches.

The Fourth Amendment of the United States Constitution safeguards individuals against unreasonable searches and seizures. Probable cause serves as the crucial factor that justifies law enforcement actions, such as obtaining search warrants, making arrests, or conducting searches without a warrant in exigent circumstances.

Establishing Probable Cause in Drug Arrests

To initiate a drug arrest in El Paso County, law enforcement officers must follow a stringent set of guidelines to establish probable cause. The evidence gathered during an investigation plays a pivotal role in meeting this threshold. Common factors contributing to the establishment of probable cause in drug arrests include:

Observation of Suspicious Behavior

Law enforcement officers may rely on their training and experience to identify behavior that raises suspicion. Activities such as frequenting known drug-related locations, engaging in furtive movements, or displaying signs of drug intoxication can contribute to the establishment of probable cause.

Confidential Informants

Information provided by confidential informants can be a valuable source of probable cause. However, the reliability and credibility of the informant must be assessed, and law enforcement must corroborate the information to ensure its accuracy.

Physical Evidence

Tangible evidence, such as drugs, drug paraphernalia, or large sums of cash, can serve as a basis for probable cause. The discovery of such items during a lawful search or arrest strengthens the case for prosecution.

Surveillance and Undercover Operations

Surveillance and undercover operations may yield crucial information leading to the establishment of probable cause. These activities involve monitoring and documenting suspected individuals’ behavior to gather evidence of drug-related activities.

Vehicle Searches

Law enforcement officers may establish probable cause through the search of vehicles if they have reasonable belief that the vehicle contains evidence of a crime. Factors such as the smell of drugs, visible drug paraphernalia, or erratic driving behavior may contribute to the establishment of probable cause for a vehicle search.

Requirements in El Paso County, CO

El Paso County, like other jurisdictions, imposes specific requirements and standards for establishing probable cause in drug arrests. These requirements aim to strike a balance between law enforcement’s duty to maintain public safety and individuals’ constitutional rights. It is crucial to be aware of the following key aspects when it comes to drug-related arrests in El Paso County:

Search Warrants

In many cases, law enforcement officers must obtain a search warrant based on probable cause before conducting a search of a person’s home, vehicle, or other property. The warrant must be issued by a judge or magistrate and should specify the place to be searched and the items to be seized.

Confidential Informant Guidelines

When relying on information provided by confidential informants, law enforcement agencies in El Paso County must adhere to strict guidelines. These guidelines include assessing the reliability of the informant, corroborating information, and ensuring that the informant’s identity is protected.

Body-Worn Cameras

Many law enforcement agencies in El Paso County use body-worn cameras to record interactions with individuals. The footage from these cameras can serve as valuable evidence in assessing the legality of arrests and searches. Failure to adhere to proper procedures may lead to the suppression of evidence.

Miranda Rights

Individuals who are taken into custody must be informed of their Miranda rights, including the right to remain silent and the right to legal representation. Failure to provide these rights can impact the admissibility of statements made by the individual during the arrest process.

Use of Force Policies

In situations where force is employed during an arrest, law enforcement officers must adhere to established use of force policies. Any excessive use of force that goes beyond what is deemed reasonable may lead to legal consequences and impact the validity of the arrest.

Understanding the role of probable cause in drug arrests is essential for both law enforcement agencies and individuals involved in the criminal justice system in El Paso County, CO. The delicate balance between maintaining public safety and safeguarding individual rights requires a meticulous adherence to legal standards and requirements. By being aware of the factors that contribute to establishing probable cause and the associated guidelines, stakeholders can ensure a fair and lawful criminal justice process.

If you or someone you know is facing drug-related charges in El Paso County, it is imperative to seek legal representation promptly. The Bussey Law Firm, P.C. is committed to providing experienced legal assistance and navigating the complexities of drug arrests. Contact an El Paso County criminal defense lawyer today to schedule a consultation and protect your rights in the face of criminal charges.

The post The Role of Probable Cause in Drug Arrests in El Paso County, CO appeared first on Colorado Springs Attorneys.

Understanding Expungement in Colorado

Expungement, also known as record sealing, is a legal process that allows individuals to petition the court to seal their criminal records, making them inaccessible to the public. In the context of drug convictions in Colorado, expungement offers a chance for individuals to move forward with their lives without the burden of a past mistake haunting them. However, the eligibility and requirements for expungement vary based on several factors, including the nature of the offense, the sentence imposed, and the time that has elapsed since the completion of the sentence.

Eligibility Criteria for Expungement

Colorado law distinguishes between two main categories of drug offenses: drug misdemeanors and drug felonies. The eligibility criteria for expungement differ for these two categories.

For drug misdemeanors, individuals must wait at least three years from the date of their final disposition, including the completion of any probation or parole, before they can petition the court for expungement. Additionally, during this waiting period, the individual must not have incurred any new criminal convictions.

On the other hand, drug felonies come with a more extended waiting period. Individuals seeking expungement for a drug felony must wait at least seven years from the date of their final disposition, which includes the completion of any probation or parole. Similar to drug misdemeanors, they must also maintain a clean record during this waiting period.

Completing the Application Process

The expungement process in Colorado involves filing a petition with the court that handled the original case. The petition must include specific details, such as the case number, the offense for which expungement is sought, and a detailed explanation of why the individual believes they meet the eligibility criteria for expungement. Along with the petition, supporting documents, such as certificates of completion for probation or parole, may be required to substantiate the petitioner’s compliance with the waiting period and other eligibility requirements.

After the petition is filed, a hearing may be scheduled to allow the court to review the case and make a determination. It is crucial for individuals seeking expungement to present a compelling case, highlighting their rehabilitation and commitment to leading a law-abiding life.

The Role of Legal Representation

Navigating the expungement process can be complex, and individuals are not required to have legal representation. However, seeking the assistance of an experienced attorney can significantly enhance the chances of a successful outcome. Attorneys focusing on criminal defense and expungement matters can provide valuable insights, guide individuals through the intricacies of the legal process, and advocate on their behalf during the hearing.

The Emotional and Practical Impact of Expungement

Beyond the legal aspects, the expungement of a drug conviction record holds profound emotional and practical implications for individuals seeking to rebuild their lives. A criminal record, especially one involving drug offenses, can cast a long shadow over various aspects of life, from employment prospects to housing opportunities. Expungement serves as a beacon of hope, signaling a chance for redemption and a renewed sense of self.

For many individuals with a drug conviction in their past, the stigma associated with a criminal record can be a significant barrier to securing stable employment. Employers often conduct background checks, and a red flag on one’s record may lead to missed job opportunities. Expungement opens the door to a more level playing field, allowing individuals to present themselves without the weight of past mistakes, increasing their chances of securing meaningful employment.

Similarly, housing applications can be marred by the presence of a criminal record. Landlords may hesitate to rent to someone with a history of drug offenses, impacting an individual’s ability to secure safe and stable housing. Expungement helps lift this burden, providing the opportunity for a fresh start in both personal and professional spheres.

The Importance of a Supportive Community

Embarking on the journey of expungement can be daunting, and individuals often find strength in a supportive community. Whether it’s friends, family, or support groups, having a network of understanding and encouragement can make the process more manageable. Community organizations and resources may also provide valuable assistance and guidance throughout the expungement journey.

Rebuilding one’s life after a drug conviction is not just a legal process; it’s a personal transformation. The commitment to change and the resilience to overcome challenges are at the core of this transformative journey. Expungement becomes a tangible manifestation of that commitment, signaling to the world that an individual is not defined solely by their past mistakes.

In conclusion, expunging a drug conviction record in Colorado is a viable option for individuals seeking a fresh start after paying their debt to society. Understanding the eligibility criteria and adhering to the waiting periods are crucial steps in this process. Whether you have a drug misdemeanor or felony on your record, the possibility of expungement exists, offering hope for a brighter future.

If you or someone you know is considering expunging a drug conviction record in Colorado, The Bussey Law Firm, P.C. is here to help. Our experienced legal team understands the nuances of the expungement process and is committed to assisting individuals in their journey toward a clean slate. Contact a Colorado Springs drug crime attorney today to schedule a consultation and take the first step towards a new beginning.

The post Can I Expunge My Drug Conviction Record in Colorado? appeared first on Colorado Springs Attorneys.

Controlled Substances in Colorado

Amphetamines and Methamphetamines

• Adderall and Ritalin
• Anabolic Steroids
• Barbiturates
• Cocaine

Hallucinogens

• LSD
• Psilocybin (magic mushrooms)
• Mescaline

Heroin or Opioids

• Codeine
• Fentanyl
• Oxycontin
• Methadone
• Vicodin

Party Drugs

• Ecstasy
• GHB
• Ketamine

Other Drugs

• Rohpynol (“roofies” or the “date rape” drug)
• Sleep Medications

Marijuana is still considered a controlled substance in Colorado despite the legalization of recreational and medicinal marijuana. Laws tightly control the retail sale of marijuana in Colorado and non-licensed sale over two ounces is prohibited as well as the sale of any amount to a minor. It is important to note that marijuana use has not been legalized by the federal government and any use, possession, or sale of marijuana on federal land is subject to federal laws – not state laws. Over one third of the state of Colorado is considered federal land and is under federal jurisdiction.

How to Build a Successful Defense Against Drug Dealing Charges

An in-depth knowledge of constitutional law, police procedure, and legal precedent is necessary to build a strong defense against drug dealing charges. A conviction can take away your freedom and damage your reputation and rights for the rest of your life.

Successful defenses strategies can include:

• Lack of Knowledge or Intent To Sell
• Unlawful Search and Seizure
• Entrapment
• Coercion or Duress
• Insufficient Evidence
• Law Enforcement Violations of Constitutional Rights

The prosecution must prove that you both knew the drug was a controlled substance and that you were aware you had it in your possession. They will look for witnesses, read your social media accounts to evaluate behavior, and physical evidence of drug dealing such as large amounts of cash or movements of funds, balance sheets, packaging, and equipment and ingredients required to manufacture controlled substances.

The Rights of the Accused

The Fourth Amendment of the Constitution protects citizens from unreasonable search and seizure. Law enforcement officers must have a warrant or probable cause to search your person, home, or car. The exclusionary rule does not allow any evidence collected in violation of the US Constitution to be used against you in court. This includes drugs seized that can be proven to be illegal.

Entrapment

A police officer may give a suspect the opportunity to break the law, such as posing as someone who wants to buy drugs. They may not induce a person who would not otherwise break the law into doing so. This is entrapment. The defense focuses on the state of mind of the defendant, not the conduct of the police. They must prove the defendant had no predisposition or prior intent to break the law.

If you unwittingly engaged in transporting drugs, were living with other parties who were dealing drugs but had no intent to sell drugs yourself, or were forced to deal, manufacture, or sell drugs, the charges against you may be dropped. Your attorney will need to gather evidence to support your claims that you were not willingly or knowingly engaged in any kind of drug dealing.

Why You Need a Talented Colorado Drug Crime Defense Attorney

In drug dealing investigations the state has gone to lengths to research and build a case against an individual. A strong defense needs to do the same. The defendants’ attorneys must conduct their own investigation. At trial, they can present expert witnesses who can testify as to the methods of the police, chain of custody, and laboratory testing for any substances.

An experienced Colorado Springs criminal defense attorney can also advise about accepting a plea deal, a reduced charge in exchange for providing evidence against others, or admitting guilt and avoiding a trial, if it is in your best interests. Contact The Bussey Law Firm, P.C. (719) 475-2555 to speak with us as early as possible after your arrest.

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What Drug Crimes Are Potential Wobblers?

Drug crimes that may amount to a wobbler involving only completion of probation or community corrections include:

• Possessing more than 12 ounces of marijuana
• Possessing more than 3 ounces of marijuana concentrate
• Possessing 4 grams or less of certain schedule I or II drugs
• Possessing 2 grams or less of methamphetamine, heroin, ketamine, or cathinones
• Possessing 4 milligrams or less of flunitrazepam (Rohypnol)
• Distributing or transferring 4 grams or less of certain schedule I or II drugs with the purpose of consuming all the drugs with another person(s) close in time to the distribution (“buddy distro”)
• Distribution or transfer of 2 grams or less of methamphetamine, heroin, ketamine, or cathinones, and the purpose was for drug use consumption with another person(s) close in time to the distribution (“buddy distro”)
• Prescription fraud (CRS 18-18-415)—fraudulently acquiring prescriptions of controlled substances

What Are the Circumstances That Affect How a Crime Is Charged?

Whether a person qualifies for a reduced sentence is dependent on their offense and whether they have any previous convictions. Defendants who have two or more existing felony drug offense convictions, defendants with a prior conviction for a crime of violence, or defendants who are otherwise ineligible do not qualify for a reduced sentence under the wobbler apparatus. If one of these circumstances applies, the person will be charged with a class 4 felony.

The Benefit of Wobblers

Wobblers are of extreme importance to individuals who are being charged with drug related offenses. Various advantages that come with a misdemeanor drug conviction rather than a level 4 felony drug conviction include:

1. Misdemeanors carry shorter and less serious penalties than felonies. Felonies typically require mandatory prison time. With misdemeanors, many defendants can avoid jail time through probation and a fine.
2. Misdemeanor convictions for drug cases have less of an effect on employment than class 4 felony offenses. Many employers automatically disqualify people convicted of drug-related felony charges but will hire people convicted of misdemeanor possession of a controlled substance.
3. Although subject to exception, defendants with only misdemeanor convictions can still possess guns.
4. Misdemeanor drug convictions may be sealed from defendants’ criminal records once two years have passed from the case date. Level 4 drug felony convictions carry a three-year wait before the record can be sealed.

We Can Help

If you or someone you love is facing drug charges in Colorado, you need an experienced Colorado Springs drug crime defense lawyer. We at the Bussey Law Firm, P.C. have a wealth of knowledge and are here to help you during this time. We’re experts in fighting criminal charges, including drug offenses. Contact the Bussey Law Firm, P.C. today at (719) 475-2555.

The post Why Drug Crimes Are Sometimes Considered “Wobblers” appeared first on Colorado Springs Attorneys.

Adding to the fentanyl crisis is the fact that numerous other drugs such as heroin and MDMA are being cut with fentanyl to increase the potency of the high, leading to many people unintentionally ingesting the drug. It is a dangerous problem that is putting many lives at risk.

Colorado has recently seen a fentanyl crisis, with multiple deaths of people who likely did not know that they were ingesting the drug. It is hard for a user to know if a drug they are taking has been cut with fentanyl—until it’s too late. More and more dealers are using the drug as a low-cost way to increase the effect and addictiveness of other drugs, creating an all-out drug crisis.

What charges are related to fentanyl?

Possession of certain amounts of schedule I and schedule II controlled substances, including fentanyl, is charged as a misdemeanor in Colorado. This is a fairly light punishment compared to the amount of damage that is being done by fentanyl dealers.

However, lawmakers recently introduced the Fentanyl Accountability And Prevention Bill, which came into effect on July 1, 2022. Its purpose is to target the growing crisis in Colorado.

Firstly, the new bill provides that anyone who is in possession of any substance that contains more than 1 gram of fentanyl—whether it be fentanyl or fentanyl-like substances such as carfentanil and fentanyl compounds—will be charged with a Level 4 drug felony. Possession charge penalties can be up to 180 days in jail and two years on probation. If you are convicted three times for possession, your jail sentence can be increased to 364 days.

Notably, possession of less than 1 g of fentanyl remains a misdemeanor; however, if you are convicted four or more times, then you may face the Level 4 charges outlined above. If you are charged with a Level 4 drug felony, the charge could be reduced to a misdemeanor if you complete drug treatment.

The most serious charges under the new Bill are for possession with intent to distribute. Possession of 4–50 g is a Level 2 drug felony resulting in a prison term of four to 16 years. Possession of more than 50 g of fentanyl with the purpose of distribution is now a Level 1 drug felony and can result in a prison term of up to 32 years.

You can also face Level 1 drug charges if the amount you possessed was under 50 g, but you caused someone’s death via the fentanyl you sold, you were found in possession of manufacturing equipment such as a pill press, or the fentanyl was imported from outside Colorado.

If you caused someone’s death with fentanyl that you sold them, but you were present for the overdose and called and cooperated with the medical staff and law enforcement on the scene, then your charges may be reduced under the “Good Samaritan” clause in the new Bill.

What to do if you’re facing fentanyl charges

If you are arrested for fentanyl charges, you must call a lawyer as soon as you can. A Colorado Springs fentanyl lawyer will give you legal counsel and assist you in handling your case as effectively as possible. Fentanyl charges are extremely serious, and you will need the highest level of legal advice possible.

The Bussey Law Firm P.C. prides itself on the knowledgeable and successful nature of our drug crime defense attorneys. If you need legal advice relating to fentanyl charges, do not wait to call us at (719) 475-2555.

The post Facing Charges Related to Fentanyl? appeared first on Colorado Springs Attorneys.

What’s Legal in Colorado

Adults over 21 can now legally purchase marijuana in Colorado, but marijuana and products containing THC must stay in Colorado. They can’t be transferred across state lines because marijuana is still a federally prohibited substance.

People in Colorado who are over 21 are allowed to keep up the two ounces of marijuana for personal use. But be sure to only use it on private property. Public consumption is not legal. You aren’t allowed to smoke or vape marijuana in parks, on federal lands, streets, restaurants, bars, public transportation, concert venues, or common areas in buildings.

Marijuana consumption is allowed in many hotels and private rentals in Colorado. Some hotels even publicize the fact that they are “420 friendly.” Be sure to check with hotel staff for their specific rules before smoking or vaping.

Strict Penalties for Marijuana Violations

The penalties for smoking or possessing a small amount of marijuana in Colorado are relatively minor. Public use is a misdemeanor with a maximum fine of $100 and having an open container in your car has a maximum fine of $115.

Although public perceptions about the drug have changed dramatically in recent years, the sale, transfer, and distribution of marijuana are felony offenses in many cases. The legal penalties for marijuana offenses are especially harsh when you have large quantities of the drug or minors are involved. Penalties include:

• Possession of between 6 and 30 plants. Up to 2 years in jail and a maximum fine of $100,000
• Possession of more than 30 plants. Up to 6 years in jail and a maximum fine of $500,000
• Possession of more than 12 ounces. Up to 2 years in jail and a maximum fine of $100,000
• Possession with intent to sell: up to 32 years in jail and a maximum fine of $1,000,000 depending on the amount
• Possession of more than three ounces of hash. Up to 2 years in jail and a maximum fine of $100,000

The Right Lawyer Can Help

If you are charged with a marijuana-related offense in Colorado, you will want to seek the services of an experienced drug crimes defense lawyer . There are many ways to successfully fight drug charges. The following defenses are often used in drug cases:

• You didn’t know the drugs were on your property
• You had no physical control over the drugs
• The police did not weigh the drugs correctly
• You were mistaken for someone else
• You were falsely accused due to a misunderstanding
• Someone accused you because they wanted to hurt you
• The drugs were obtained in an illegal search
• You were entrapped by police into buying drugs
• Your confession was coerced

Fight Drug Charges in Colorado Springs

Colorado Springs criminal defense lawyer Timothy Bussey and the experienced legal team at The Bussey Law Firm, P.C. know how to provide a strong legal defense for marijuana-related charges and other drug offenses.

Contact The Bussey Law Firm, P.C. to learn more today by calling (719) 475-2555 and schedule a FREE and confidential consultation. We’re here to help.

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What Are the Other Restrictions on Growing Marijuana Plants in Colorado?

The law imposes additional restrictions on growing marijuana:

• Regardless of the number of adults living in the residence, you are limited to growing no more than 12 plants.
• Local city or county laws may impose stricter controls than state laws.
• Marijuana plants must be grown in an enclosed, locked space that cannot be publicly seen. Plants cannot be grown outdoors.
• Special precautions must be taken for minors. If a person under the age of 21 lives in or visits the residence, the area where marijuana plants are grown must be in a separate space that is kept locked and not accessible to minors.
• It is illegal to sell homegrown marijuana to anyone.

Who Is Allowed to Sell Marijuana in Colorado?

The law states that marijuana for recreational use may only be sold by licensed establishments, under C.R.S. Section 18-18-406. Otherwise, sale of marijuana is a criminal offense, charged as a misdemeanor or a felony, depending on the amount of substance involved. However, it is legal to gift up to an ounce of marijuana to a person aged 21 or older.

How Much Marijuana Can You Legally Possess in Colorado?

In Colorado, it is legal to possess up to one ounce of marijuana for recreational use. If you are growing your own marijuana plants, make sure you have no more than one ounce of cannabis in your possession at any time. You can give away up to an ounce to someone age 21 or older, but the law prohibits selling any surplus.

Why Do You Need an Experienced Colorado Criminal Defense Lawyer?

If you have been charged with illegally growing or selling marijuana in Colorado, it is critical that you consult with an experienced criminal defense attorney as soon as possible. Penalties could be severe if you are convicted. You may be facing:

• Six to 18 months imprisonment and a fine of $500 to $5,000 for cultivating six or fewer marijuana plants if you are under the age of 21
• Six months to two years imprisonment plus a fine of $1,000 to $100,000 for growing more than six but not more than 30 plants if you are age 21 or older
• Two to six years imprisonment and a fine of $2,000 to $500,000 for cultivating more than 30 marijuana plants

Your best chance of obtaining the most favorable outcome in your case is to have an experienced Colorado Springs drug crime defense lawyer on your side.

Why Choose The Bussey Law Firm, P.C.?

Founding attorney Timothy Bussey is one of a few lawyers in Colorado with the ACS Forensic Lawyer-Scientist designation. He is a former prosecutor who understands the tactics of the prosecution and knows how to counter them. If you are facing criminal charges of cultivating or selling marijuana, call The Bussey Law Firm, P.C. at (719) 475-2555 to schedule a free initial consultation. We can explain your options under the law.

The post Charged with Growing Too Many Marijuana Plants in Colorado? appeared first on Colorado Springs Attorneys.

What Are Synthetic Drugs?

A synthetic drug is one that is manufactured. Unlike drugs like cannabis and psilocybin mushrooms, which grow naturally, a synthetic drug is entirely manmade. This means that the creators have a great deal of control over what chemicals are put in the drug, and what impact the drug has on the body. Some common examples of synthetic drugs include:

• LSD
• Ecstasy
• Meth
• Synthetic cannabis

While being manmade means that these drugs are easier to produce in large quantities, it also gives the creators free reigns to add whatever chemicals they want. This could mean making a drug more addictive, or even adding in deadly chemicals that poison the user. As a result, these drugs are heavily scrutinized by the government, meaning that they are highly controlled substances.

How Synthetic Drugs Are Classified

Colorado, like most other states, has a drug classification system known as “Schedules.” These schedules go from five to one, with five being the least controlled or illegal, and one being the most. Any drug on these schedules is a controlled substance, so making, selling, using, or buying one without a prescription is illegal.

You will rarely, if ever, see a Schedule I or II drug prescribed. These drugs are considered highly addictive and dangerous.

Considering the concerns laid out above, it is no wonder that most synthetic drugs are considered to be Schedule I or II. For example, LSD is a Schedule I drug and meth is a Schedule II drug. This means that neither can be used or bought without a legitimate prescription, and it is very unlikely that a doctor will ever prescribe either.

Even synthetic cannabis is a highly controlled substances, despite natural cannabis being legal for recreational use in Colorado. This is because the effects of synthetic cannabis are much stronger, and it has the potential to become highly addictive. On top of that, as it is manmade, it is very easy to add in dangerous and deadly chemicals, causing users to become sick or even die.

Using Synthetic Drugs in Colorado

Most of these synthetic drugs are illegal in Colorado. However, the penalties you face for the use, distribution, or manufacture of any of these drugs will depend on which drug is involved. The penalties for selling Ecstasy (MDMA) are going to be different than the penalties for selling meth. However, the penalties for each are incredibly harsh.

If you have been arrested for selling or using a controlled substance, then you could be facing years in prison, and thousands of dollars in fines. The Colorado justice system takes drug crimes seriously and will not go easy on you. If you want a favorable outcome from your trial, you need an expert drug crime defense attorney from The Bussey Law Firm, P.C. We never stop fighting for our clients. Tell us about your case by calling (719) 475-2555 today.

The post What You Need to Know About Synthetic Drugs appeared first on Colorado Springs Attorneys.

Classifying Schedule I and Schedule II Drugs

Started in the 1970‘s, the federal government declared a war on drugs. As part of this initiative, they began classifying controlled substances by ‘Schedules’. There are five Schedules, with Schedule V being the least controlled, and Schedule I being the most. Many states follow federal guidelines on how abusers of these drugs should be penalized, including, until recently, Colorado.

Schedule I drugs in Colorado are those that are considered to have a high potential for abuse and no accepted medical use. Marijuana was included on this list until it was legalized in 2014. The current Schedule I drugs include:

• Heroin
• LSD
• PCP
• Mescaline
• Peyote
• Psilocybin (mushrooms)

Schedule II substances have a high potential for abuse but, unlike Schedule I drugs, have limited accepted medical use. Examples include:

• Vicodin
• Cocaine
• Methamphetamine
• Oxycodone
• Demerol
• Dexedrine
• Adderall
• Ritalin

Before the passing of House Bill 19-1263, those found abusing, selling, or possessing Schedule I or Schedule II drugs could face felony charges, meaning that their prison sentence would be extended, their punitive fines would be higher, and they would have limited rights once out of prison. However, Schedule I and Schedule II drug crimes are no longer considered felonies in Colorado.

The Passing of House Bill 19-1263

Once signed into law, House Bill 1263 made penalties for personal possession of certain controlled substances far less severe. This benefits not only the individuals charged with possession, but also the state. The new law will significantly reduce the costs of incarceration and save Colorado taxpayers a great deal of money – an estimated $8.6 to 13 million over the next five years. These savings can be used to fund drug treatment programs instead of jail time.

The new law is designed to break the cycle of drug use and incarceration. By removing felony charges from personal drug possession and use, it will give users the opportunity to seek treatment for addiction, instead of going to jail. At the same time, it will save the state millions of dollars in as little as five years, as outlined by the Joint Budget Committee.

Schedule I and Schedule II Drugs and the New Penalties

Since the new law was passed, you can no longer be charged with a felony for possession of less than four grams of a Schedule I or II controlled substance, such as LSD, cocaine, or mushrooms. Possession is now charged as a level 1 misdemeanor, not a felony, which would be a serious black mark on your criminal record. A felony conviction could significantly impact your future prospects, including employment and other opportunities. If you are convicted of possession of a Schedule I or II substance after March 2020, you may be sentenced to probation, treatment, and/or public service.

It is important to note, however, that a misdemeanor charge could still result in fines, a prison sentence, and further correctional punishments. While a misdemeanor will not impact your life as heavily as a felony, the defelonization of Schedule I and II drugs does not mean that a charge of selling, possession, or use will be a cake walk.

Do You Still Need a Lawyer?

If you have been arrested for possession of a controlled substance in Colorado, it is important to have an experienced attorney by your side, even with the new drug law in effect. Call The Bussey Law Firm, P.C. at (719) 475-2555 to schedule a free consultation. Our Colorado Springs drug crime defense lawyer could fight to help you achieve a favorable outcome in your case.

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