Do not trust the prosecution or police to prove your innocence. Police will often charge everyone in a car for drugs found in the car. But, these cases can be won.
Not long ago, I won a not guilty verdict in a case where a bindle of meth was found on top of my clients check book in her underwear drawer. The jury told me afterwards that they knew my client did drugs, but that the police investigation was terrible. They said there was reasonable doubt and acquitted.
If you are accused of drug possession, drug manufacturing or drug sales, you should immediately contact an experienced criminal defense attorney. You should not speak to police or prosecutors without an attorney. You should not discuss the facts with anyone but your attorney. Call me.
Special Offender Laws and Mandatory Prison - Guns and Drugs
If a person uses, displays, or possesses a deadly weapon on his person or within immediate reach, at the time of the commission of a drug offense, then a special offender charge can be added. CRS§18-18-407(1)(f), a special offender count aggravates a drug offense, including marijuana or medical marijuana, to a minimum term of 8 years of prison up to 48 years of prison. This applies to any felony drug charge. In addition, the definition of deadly weapon is extremely broad and could easily include a kitchen knife, as well as a gun, or even a bb gun, bottle, fist, foot, or shod foot.
If you could be accused of any felony drug charge, including cultivation of medical marijuana, possession of medical marijuana or distribution of medical marijuana, possession, sale or distribution or manufacturing of methamphetamine or cocaine or magic mushrooms or heroin or prescription drugs, you should make certain that no guns are in the same area, meaning room, car and if possible building. I would also remove all knives and anything like a baseball bat.
That said, I believe that the District of Columbia vs. Heller case, along with other Colorado cases, provide for an unfettered right to self defense in the home, even if you have medical marijuana. I believe that this law is over-broad and is ripe for appeal. But, do you want to risk a minimum of 8 years in prison to challenge the law.
Other special offender laws involve prior felony conviction, public housing, proximity to schools. All of these increase your risk and expose you to mandatory prison time.
Unlawful possession, distribution, manufacturing, dispensing or sale of drugs CRS § 18-18-405
It is illegal to possess, sell or give away most drugs in Colorado.
Illegal possession of cocaine, crack, heroin or methamphetamine is widely understood (CRS § 18-18-403.5). If the amount is under 4 grams, then it is a lower level felony that can often be reduced to a misdemeanor. The line is set at 2 grams for methamphetamine. For most prescription drugs possessed by someone without prescription, the charge is a misdemeanor. If the amount possessed is 25 grams (1 ounce) or more, then a person faces mandatory prison (CRS § 18-18-405(3)(a)(I)).
Distribution, Dispensing or Sale
If you give away any amount of a drug other than marijuana, then it is considered distribution or dispensing. This includes giving away prescription drugs. Distribution or dispensing aggravates the offense to a higher level felony with greater consequence. Distribution is considered selling the drug if you get consideration in return. This means getting anything in exchange for the drug, including trading drugs, sex, food, a place to stay, money or even a promise to return the favor.
Marijuana is a little different
The law recognizes that most people that smoke a joint will share it with others. (Lets applaud our legislators for that one.) A person 21 years of age or older can possess and give away up to 1 ounce of marijuana without consideration legally. If a person gets anything in exchange for the marijuana, then it is considered distribution or sale and can result in charges. People under 21 years of age cannot possess any amount of marijuana legally without a medical marijuana status provided by the State of Colorado.
If there is a possibility that you could be charged, you should talk with no one about the events, other than your attorney. The police are not there to help you. The prosecutors are not there to help you. Contact me and get ready for the fight of your life.
Even if you are guilty, there is a reason to have an experienced criminal defense lawyer. The right defense can result in a lessor crime that reduces the consequences and charges. The right defense can make your plea offer livable. You can only get the right defense from an experienced criminal defense lawyer. Call me immediately.