When facing drug-related charges in Colorado, the difference between possession and intent to distribute can have a significant impact on the case. Both offenses involve controlled substances, but they each carry different penalties and implications. Knowing where the line is drawn and how prosecutors pursue a case can make a world of difference for someone accused of a drug crime.
Simple Drug Possession
Simple drug possession involves having a controlled substance for personal use. These cases typically result in misdemeanor charges, especially if the amount of drug involved is small and the defendant has no prior drug charges.
However, when the state has reason to believe that the individual planned to distribute or give the substance to someone else, the charge escalates into a felony.
Colorado classifies drugs into five schedules, with Schedule I and II substances considered the most dangerous and most heavily penalized. Even small amounts of these substances can result in felony charges if the circumstances suggest an intent to distribute.
What Changes a Possession Charge into Intent to Distribute?
The line between possession and intent to distribute is often, but not always, based on the quantity of drugs involved. Prosecutors may also argue intent based on circumstantial evidence, especially when the amount is greater than what would normally be appropriate for personal use.
Common indicators of intent to distribute include:
- Possession of a large quantity of the substance
- Packaging materials such as baggies or scales
- Large amounts of cash
- Communications referencing sales or delivery
- Pre-measured or separated doses
- Frequent visitors to suspected distribution points (ex: the defendant’s home)
This evidence doesn’t have to include an actual sale taking place. Prosecutors may develop a case around these supporting details to establish that the defendant planned to distribute the substance, even if it never left their possession.
How Prosecutors Prove Intent in Colorado
In Colorado, intent is not presumed. It must be proven, and because there is rarely direct evidence like a confession or a recorded sale, the prosecution depends on circumstantial indicators in its argument.
For example, if someone is found with 50 small baggies of a Schedule I drug, a digital scale, and a large sum of cash, the state may argue those facts point to an intent to distribute, even if the person claims the drugs were for personal use.
The defense can challenge the credibility of this evidence, and a skilled drug possession attorney in Denver might aim to cast doubt on the assumptions in the prosecutor’s case.
Large quantities don’t always mean a sale occurred, as some users stockpile drugs. Similarly, owning a scale isn’t illegal and could be explained in non-criminal ways (such as baking).
Drug Trafficking vs. Possession in Colorado
Colorado law doesn’t use “drug trafficking” as a standalone charge in the same way federal statutes do. Instead, trafficking is usually charged under the broader “possession with intent to distribute” statute. In practice, the term “trafficking” is used to describe larger-scale drug operations that involve significant amounts or movement across jurisdictions.
Cases that involve transportation, coordination between several people, or large quantities of controlled substances are more likely to be treated as trafficking-level offenses. These cases can result in higher-level felony charges and longer sentences, especially when the drug involved is methamphetamine, heroin, fentanyl, or another Schedule I or II drug.
The Impact of a Distribution Charge
The difference in consequences between simple possession and possession with intent to distribute is significant. Simple possession may be charged as a misdemeanor or a low-level felony, especially when diversion programs or treatment options are available. These alternatives often offer first-time offenders a chance to avoid a criminal record if they comply with court orders.
Possession with intent to distribute is typically charged as a felony. The level of the felony depends on the type and amount of drug, as well as the location of the alleged offense or whether a minor was involved. Higher-level felony drug charges can lead to lengthy prison sentences, large fines, and a permanent mark on a person’s criminal record.
In many cases, the charge alone can affect a person’s future, not just the outcome of the case. Just being accused of distribution can impact immigration status, employment, housing, and professional licensing.
Legal Strategies and the Role of Defense
It’s important to work with a defense attorney who understands how to challenge the state’s assumptions. A drug possession attorney in Denver might focus on showing that the drugs were for personal use only, that the search leading to the arrest was unconstitutional, or that there’s insufficient evidence to prove intent.
In some situations, it may be possible to negotiate a plea deal that reduces a felony intent charge to a misdemeanor possession charge. In others, the defense could argue that the evidence used to infer distribution has innocent explanations (for example, working in food service and routinely carrying cash tips).
Why the Distinction between Possession & Intent to Distribute Matters
The difference between possession and intent to distribute can be the deciding factor between rehabilitation and incarceration. For many clients, especially first-time offenders or those struggling with substance use, a possession charge could open doors to treatment programs and second chances. But a distribution charge can result in long-term penalties that affect nearly every aspect of life.
Thanks to a growing focus on incarceration alternatives for non-violent offenses in Colorado, attorneys have a key role to play in influencing the outcomes of their cases.
Need support navigating felony drug charges or challenging intent-based accusations? Speak with an experienced drug possession attorney in Denver to understand your rights and explore your legal options.
References
https://www.findlaw.com/state/colorado-law/colorado-drug-possession-laws.html
https://www.findlaw.com/criminal/criminal-charges/possession-with-the-intent-to-distribute.html
https://law.justia.com/codes/colorado/title-18/article-18/part-4/section-18-18-405/
https://www.findlaw.com/state/colorado-law/colorado-drug-trafficking-laws.html
