Caught With Fentanyl in Colorado? What You Need to Know About the 2025 Possession Law
Fentanyl-related charges are rising rapidly in Colorado, and the laws are getting tougher. As of 2025, updates to Colorado’s criminal code now make possession of even small amounts of fentanyl more likely to trigger felony-level charges.
If you or someone you know is facing fentanyl charges in Colorado Springs, you need to understand how the law has changed, what you’re up against, and why skilled legal representation is essential.
At The Bussey Law Firm, P.C., we’ve been at the forefront of drug crime defense in Colorado for decades, and we can discuss your legal options during a free consultation.
Understanding the 2025 Colorado Fentanyl Possession Law
Fentanyl is a powerful synthetic opioid that is 50 to 100 times stronger than morphine. With overdose deaths on the rise, Colorado lawmakers have taken aggressive steps to crack down on possession and distribution.
Under the 2025 Colorado fentanyl law, the possession threshold that previously allowed for misdemeanor charges has been significantly lowered. Now, possession of more than 1 gram of a substance containing fentanyl, regardless of the actual purity, can be charged as a Level 4 drug felony in CO.
Even trace amounts mixed into another drug (like heroin or cocaine) can result in felony charges, making it easy for individuals to be overcharged, especially in cases where the defendant had no idea fentanyl was present.
What Is a Level 4 Drug Felony in Colorado?
Under Colorado law, drug felonies are categorized from Level 1 (most serious) to Level 4 (least serious). But don’t be fooled—Level 4 drug felonies in CO still carry severe consequences:
- 6 to 12 months in prison (with a possible sentence of up to 2 years if aggravated)
- 1 year of mandatory parole
- Fines of $1,000 to $100,000
- Permanent criminal record
- Loss of employment and housing opportunities
- Ineligibility for certain state and federal benefits
The biggest concern with the 2025 update is how easily someone can be charged with a felony for possessing fentanyl, even if they didn’t know it was in the substance they had. This makes defending against unintended overcharging a central issue in many of these cases.
Unintended Overcharging: A Growing Concern
A major criticism of the 2025 Colorado fentanyl law is how it affects people who didn’t intentionally seek out fentanyl.
Many defendants facing fentanyl possession in Colorado believed they were purchasing another substance, like prescription pills, heroin, or cocaine, only to discover that it was laced with fentanyl.
This poses several legal and practical problems:
- Intent is not always considered in initial charges.
- Defendants are often charged based on total substance weight, not the amount of fentanyl itself.
- Prosecutors may aggressively pursue felony-level charges even in first-time offenses.
Defending Our Clients Against Fentanyl Charges in Colorado Springs
If you’re facing fentanyl charges in Colorado Springs, the right defense can mean the difference between a felony conviction and a reduced or dismissed charge. At The Bussey Law Firm, P.C., we explore every angle to protect your rights and future.
Challenging the Weight and Composition of the Substance
Charges often hinge on the total weight of a substance, not the amount of fentanyl it contains. That’s why our legal team works with forensic labs to examine whether the amount of fentanyl present meets the felony threshold under the law.
Questioning the Legality of the Search or Arrest
If police lacked probable cause or violated your Fourth Amendment rights during the arrest, the evidence against you could be suppressed.
Lack of Knowledge
If you had no idea fentanyl was present in the substance, we can argue that intent and knowledge—both key elements—were missing in your case.
Exploring Diversion or Treatment Programs
In some cases, we can work to keep your case in drug court or a treatment-based diversion program, especially if addiction is a contributing factor. But we remember that every case is different. That’s why we provide personalized strategies built on over 30 years of experience defending clients under Colorado’s evolving drug laws.
Additional Drug Possession Penalties in Colorado
While jail time and fines are the most obvious consequences, a Colorado fentanyl possession conviction carries lasting damage to your record and reputation:
- Employment consequences: Many employers won’t hire individuals with a felony drug conviction.
- Housing barriers: Felony drug charges can prevent you from renting housing or applying for federal assistance.
- Loss of civil rights: You may lose the right to own firearms or vote (in some jurisdictions).
- Driver’s license revocation: Drug convictions can lead to license suspension, even if unrelated to driving.
These ripple effects can affect your life long after the court case ends, making a strong defense essential.
First-Time Offenders Can Still Face Felony Charges
Many people believe first-time drug offenses in Colorado are treated with a measure of lenience. While that can be true in some cases, fentanyl-related charges are an exception due to the high risk of overdose and public concern and are, therefore, taken seriously. Even first-time offenders can face:
- Immediate felony prosecution
- Resistance from prosecutors to offer plea deals
- Pushback against treatment-based alternatives
That’s why the legal team at The Bussey Law Firm, P.C., fights to ensure your case is handled fairly. We work to ensure that you are not unjustly punished for a mistake or misunderstanding.
What to Do If You’re Charged with Fentanyl Possession
If you’ve been arrested or charged with fentanyl possession in Colorado, take these steps immediately:
- Do not speak to the police without your Colorado Springs fentanyl defense attorney present. Anything you say can and will be used against you.
- Contact a qualified defense attorney as soon as possible.
- Gather any evidence that could support your case, including medical records, text messages, or proof of addiction treatment.
- Avoid further legal trouble, including missed court appearances or probation violations.
Time is critical in drug cases. The earlier your attorney can intervene, the more options you may have for pretrial diversion, case dismissal, or charge reduction.
Why Choose The Bussey Law Firm, P.C.?
Our firm has built a strong reputation for defending clients against some of the toughest charges in Colorado Springs. With over 30 years of experience, we’ve received widespread acclaim for our successful track record and forensic approach to defense.
Attorney Timothy Bussey is a former prosecutor and one of only two attorneys in Colorado to earn the ACS Forensic Lawyer-Scientist designation, making him uniquely equipped to challenge the science behind drug testing and evidence.
Speak with an Experienced Colorado Springs Fentanyl Criminal Defense Lawyer
Being confronted with fentanyl possession charges in Colorado is a daunting experience, especially under the strict new Colorado fentanyl laws in 2025. But you don’t have to face it alone. The Bussey Law Firm, P.C., offers personalized, aggressive defense backed by decades of courtroom success.
If you or a loved one is facing fentanyl charges in Colorado Springs, contact us today for a free consultation. We don’t just fight for your case—we fight for your future. Call a Colorado Springs drug crime defense lawyer at (719) 475-2555 to learn more.
