In October of 2013, new laws went into effect regarding drug offenses in Larimer, Jackson, and Boulder County. Two new classes of drug crimes were created: Drug Felony Crimes, and Drug Misdemeanor Crimes (C.R.S. 18-18-403.5, C.R.S. 18-18-404, and 18-1.3-401.5). These changes were enforced out of a desire to ease the burden of drug users on Colorado prisons. The focus is now more on rehabilitation of drug users, rather than filling our prisons unnecessarily. Please refer to our drug charges page for information about drug schedules.
Drug Felony Class 4 (DF4):
- Possession, manufacture, or distribution with the intent or conspiracy to do the same of 4 grams or less of a Schedule III or Schedule IV drug.
- Distribution of 4 grams or less of a Schedule I or Schedule II drug, or 2 grams or less of meth, ketamine, heroin, or flunitrazipam if the transfer was for the purpose of consuming all of the controlled substance at the time of the transfer.
- Distribution of less than one ounce, or ½ an ounce to a minor (and the distributor is more than 2 years older).
- Possession, manufacture, or distribution with the intent or conspiracy to do the same of 4 – 12 ounces of marijuana (or 2 – 6 ounces of concentrate).
- Cultivation of 6 – 30 marijuana plants.
- Possession of more than 12 ounces of marijuana (or 3 ounces of marijuana concentrate).
- Script fraud.
- Manufacture, possession, or sale with the intent to distribute imitation controlled substances.
Drug Felony Class 3 (DF3):
- Possession, manufacture, or distribution with the intent or conspiracy to do the same with less than ½ ounce (less than 7 grams) of a Schedule I or Schedule II drug, or less than ¼ ounce (less than 7 grams) of meth, ketamine, heroin, or cathinone, or less than 10 milligrams of flunitrazipan.
- Possession, manufacture, or distribution with the intent or conspiracy to do the same of more than 4 grams of a Schedule II or Schedule IV drug.
- Distribution of 1 – 6 ounces of marijuana (or ½ – 3 ounces of concentrate) to a minor (when the distributor is more than 2 years older).
- Possession or manufacture of marijuana or concentrate, or permitting the possession or manufacturing of marijuana or concentrate (when not otherwise allowed by regulatory scheme).
- Possession, manufacture, or distribution with the intent or conspiracy to do the same of marijuana (not otherwise allowed by regulatory scheme) 12 ounces – 5 pounds, or 6 ounces – 2 ½ pounds of concentrate.
- Cultivation of more than 30 marijuana plants.
- Distribution of synthetic cannabinoids.
- Inducing consumption by fraudulent means.
- Distribution of imitate controlled substances to a minor (when the distributor is more than 2 years older).
Drug Felony Class 2 (DF2):
- Possession, manufacture, or distribution with the intent or conspiracy to do the same of more than ½ ounce – ½ pound (more than 14 grams – 225 grams) of a Schedule I or Schedule II drug , or more than ¼ ounce – ¼ pound (more than 7 grams – 112 grams) of meth, ketamine, cathinone, or heroin, or more than 10 milligrams – 50 milligrams of Flunitrazipam.
- Distribution of a Schedule III or Schedule IV drug to a minor (when the distributor is more than 2 years older).
- Distribution of 6 ounces – 2 ½ pounds of marijuana (or 3 ounces – 1 pound of concentrate) to a minor (when the distributor is more than 2 years older).
- Possession, manufacture, or distribution with the intent or conspiracy to do the same of 5 – 50 pounds of marijuana (or 2 ½ – 25 pounds of concentrate).
- Distribution of synthetic cannabinoids to a minor (if the distributor is more than 2 years older).
- Possession of the materials used to make meth.
- The sale of materials for the manufacture of controlled substances.
Drug Felony Class 1 (DF1):
- Possession, manufacture, or distribution with intent or conspiracy to do the same of more than 225 grams (more than 8 ounces) of a Schedule I or Schedule II drug, more than 112 grams (more than 4 ounces) of heroin, meth, ketamine, or cathinone, or more than 50 milligrams of flunitrazipam.
- Distribution of a Schedule I or Schedule II drug to a minor (when the person distributing is more than 2 years older).
- Distribution of more than 2 ½ pounds of marijuana (or 1 pound of concentrate) to a minor (when the person distributing is more than 2 years older).
- Possession, manufacture, or distribution with the intent or conspiracy to distribute marijuana (not otherwise allowed by regulatory scheme) more than 50 pounds of marijuana, or 25 pounds of concentrate.
Drug Misdemeanor Class 1 (DM1):
- Possession, manufacture, or distribution with the intent or conspiracy to do the same of a Schedule V drug.
- Distribution of less than 4 grams of a Schedule III or Schedule IV drug for no remuneration.
- Possession, manufacture, or distribution with the intent or conspiracy to do the same of up to 4 ounces of marijuana (or 2 ounces of concentrate).
- Cultivation of less than 6 plants.
- Possession of 6-12 ounces of marijuana (or less than 3 ounces of concentrate).
- Use of marijuana in a detention facility.
Drug Misdemeanor Class 2 (DM2):
- Possession of 2-6 ounces of marijuana.
- Use or possession of synthetic cannaboids.
- Abuse of toxic vapors.
- Unlawful retail sale of meth precursors.
Drug Petty Offense (DPO):
- Possession of less than 2 ounces of marijuana, not otherwise authorized by law.
- Public and open consumption or display of marijuana.
- Transfer of less than 2 ounces of marijuana without remuneration.
- Authorized possession of controlled substances, such as a pill bottle.
- Possession of drug paraphernalia.
Fort Collins Drug Defense Attorney: What are the Drug Offense Sentences?
Level |
Possible Prison Time |
Parole Length |
| DF1 | 8-32 years | 3 years |
| DF2 | 4-8 years | 2 years |
| DF3 | 2-4 years | 1 year |
| DF4 | 6 months – 1 year | 1 year |
| DM1 | 6 – 18 months | |
| DM2 | 0 – 12 months |