Manufacture, Distribution and Sale of Drugs
Drug manufacture, distribution and sale crimes carry harsh penalties and, like other drug offense, they are aggressively prosecuted in Colorado. Distribution and manufacturing cases can be complex and involve constitutional search and seizure issues, scientific evidence, chain of custody questions, and witness credibility issues since these cases often involve a confidential informants (“CI”) who are often drug users or dealers themselves.
Manufacture and distribution of drugs cases can get complicated very quickly. District attorneys can increase a simple possession charge to possession with intent to distribute in order to apply pressure to gain your cooperation, or get you to take a plea. Protect yourself by retaining one of our experienced criminal defense lawyers as soon as possible.
Fighting a Drug Manufacture, Distribution or Sale Case
Drug crimes can be charges under state and federal laws, depending on the nature of the crime. In many cases, smuggling controlled substances or large quantities of narcotics gets charged at the federal level. Other drug crimes, such as possession, manufacture and drug trafficking within state boundaries, are usually prosecuted by a Colorado District attorney’s office.
Since most drug charges arise with a search of a person, car or home, the legality of the search and seizure often becomes a key factor in a case. The Fourth Amendment protects citizens from unreasonable search and seizure. An attorney experienced in handling drug crime cases may be able to effectively suppress evidence and get a case dismissed if Fourth Amendment rights were violated, even if a search warrant was issued. Acquiring a Colorado criminal defense attorney as soon as possible can only help with the constitutionality challenges.
Drug Manufacture, Distribution or Sale Charges
It is illegal to manufacture, dispense, sell, distribute, possess, 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, possess, 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.
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. The potential charges for the distribution, manufacturer, dispensing, sale or possession of less than one gram of a controlled substances are:
- Schedule 1 or 2 drug: Class 3 Felony;
- Schedule 1 or 2 drug (possession only): Class 4 Felony;
- Schedule 1 or 2 drug (with prior offense): Class 2 Felony;
- Schedule 3 drug: Class 4 Felony;
- Schedule 3 drug (with prior offense): Class 3 Felony;
- Schedule 4 drug: Class 5 Felony;
- Schedule 4 drug (with prior offense): Class 4 Felony;
- Schedule 5 drug: Class 1 Misdemeanor;
- Schedule 5 drug (with prior offense): Class 5 Felony;
- Schedule 1, 2, 3 or 4 (compounds only): Class 6 Felony;
- Schedule 1, 2, 3 or 4 (compounds only with prior offense): Class 4 Felony.
Extraordinary Risk Crimes
When drug charges involve the possession of material, compound, mixture, or preparation that contains a Schedule 1 or Schedule 2 controlled substance, the Court will impose sentence enhancers as follow:
- At least one ounce but less than 450 grams: Mandatory minimum incarceration;
- At least 450 grams but less than one pound: Incarceration for the midpoint of the presumptive range but no more than twice the maximum of the range;
- At least 1,000 grams (1 kg) or more: Incarceration for greater than the presumptive range but less than twice the maximum of the range.