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Drug Crimes | Colorado Springs Criminal Defense Blog

Schedule I and II Drugs No Longer Carry Felony Charges in CO

By Timothy Bussey on July 28, 2020

A new Colorado law went into effect at the beginning of March 2020. House Bill 19-1263, which was signed into law by the governor in May 2019, essentially defelonizes the possession of small amounts of Schedule I and II substances, such as cocaine, heroin, and fentanyl. Under the new law, if you are caught in possession of a small amount of these drugs, you will be charged with a misdemeanor rather than a felony. Read the rest »

Posted in: Drug Crimes

Drug Classification: What You Should Know

By Timothy Bussey on July 11, 2020

In the 1970’s, our government declared war on drugs. In an effort to end drug addictions and keep Americans happy and healthy, the Controlled Substances Act (CSA) was signed into law. The law laid out a new labeling system for drugs, as well as what penalties users and distributors should face. This system sorts drugs by how addictive they are and how useful they are medically into different “schedules.” The highest labeled is Schedule I, where the most dangerous and addictive drugs are sorted, and the lowest is Schedule V.

The CSA is subject to state laws, however. Some states have chosen to modify the system, changing where certain drugs are placed, as well as what punishments those found in possession of or selling the drugs should be given. Other states, however, stick to what the federal government laid out in the 1970’s. Read the rest »

Posted in: Drug Crimes

How do Police Officers Test for Marijuana DUI’s?

By Timothy Bussey on March 10, 2020

If you have been pulled over at a DUI checkpoint or for a driving violation, you may be at risk of being charged with a marijuana DUI. Recreational use of cannabis products is legal in Colorado – but driving under the influence is another matter entirely. Read the rest »

Posted in: Drug Crimes

April 20th Is Coming Up – Are You Prepared to Be Pulled Over for Drugged Driving?

By Timothy Bussey on April 15, 2019

April 20th is fast approaching. To most people, this is just another day. But for a certain segment of the population that enjoys recreational cannabis, 4/20 has a special significance. There has been a long tradition of associating cannabis with the number 420, so there will be many celebrations and events on that day. If you’re unfamiliar, a good analogy is the increase in alcohol consumption on St. Patrick’s Day. Read the rest »

Posted in: Drug Crimes

How Trace Drugs in Crime Labs Can Affect Evidence

By Timothy Bussey on December 16, 2018

In today’s criminal cases, prosecutors and the courts rely heavily on forensic testing in order to prove a case. Use of lab testing is seen as an objective alternative to other types of evidence, such as eyewitness testimony, which have been proven to be unreliable.

However, a recent study found that forensic chemists’ handling of illegal drugs can cause detectable levels of drugs in the lab environment. Read the rest »

Posted in: Drug Crimes

Can You Bring Marijuana on Colorado Campuses?

By Timothy Bussey on March 30, 2018

For college students, campus plays a big role in their day-to-day lives as they work towards their degrees and establish a social life. While universities are given some latitude regarding the rules they establish for students, ultimately, everyone must follow all applicable local, state, and federal laws while on campus.

Since recreational marijuana was legalized in Colorado, one of the most frequent questions we get is whether it’s legal to consume cannabis on college campuses if you are over 21. Can universities create policies that differ from the state law? Read the rest »

Posted in: Drug Crimes

Driving Under the Influence of Prescription Drugs…Yes, It’s Still DUI

By Timothy Bussey on February 8, 2018

Most of us are quite familiar with the dangers of driving under the influence of alcohol or illegal narcotics. However, many people believe that if someone is taking prescription medication then he or she cannot be arrested for DUI. Those people are wrong! Read the rest »

Posted in: Drug Crimes

Drugs in Your Car? That Could Be Possession

By Timothy Bussey on November 13, 2017

drugs-1728381_1920If police find drugs in your car, what happens? Regardless of whether they’re your drugs, in Colorado, they are now officially your problem. Read the rest »

Posted in: Drug Crimes

Marijuana Crimes in Colorado

By Timothy Bussey on September 10, 2015

Colorado Marijuana LawsColorado Amendment 64 made headlines around the world in 2012. The popular ballot initiative made it legal for people aged 21 and over to possess certain amounts of industrial hemp or cannabis (marijuana). Essentially, Amendment 64 legalized the personal recreational use of marijuana much in the same way as alcohol may be used. In addition, the new law allows for the “commercial cultivation, manufacture, and sale” of cannabis. In spite of marijuana’s new legality in Colorado, possession of it may still lead to arrest. It’s important that the finer points of the law be understood by anyone considering using, growing, or purchasing the substance. Read the rest »

Posted in: Drug Crimes

Report: Colorado Marijuana Arrests Have Decreased, but Racial Disparities Persist

By Timothy Bussey on April 8, 2015

A recent report indicates that although the number of charges filed for marijuana possession have dropped dramatically in the past year, charges are still being filed disproportionately against racial minorities, according to an article in the Colorado Springs Gazette.

The report, based on an analysis by the Drug Policy Alliance, found that charges for marijuana possession, distribution, and cultivation dropped from about 39,000 charges filed in 2010 to just over 2,000 filed in 2014.  This represents a decrease of about 95 percent, according to the report. Read the rest »

Posted in: Drug Crimes

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