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- posted: Aug. 15, 2022
- Criminal Defense
A new law has substantially increased the criminal penalties for possessing or distributing fentanyl. Fentanyl is a powerful synthetic opioid that is prescribed by doctors to control severe, chronic pain. The stricter fentanyl law is part of an effort to stop the high number of deaths caused by overdosing on the drug.
Possession of fentanyl (without a doctor’s prescription) and the unregulated distribution of fentanyl have long been crimes in Colorado. However, illegal possession of the drug was usually a misdemeanor under the prior law. The penalties for fentanyl possession and distribution are much more severe under the new law in that:
Possession of fentanyl in amounts ranging from one gram to four grams is now a felony. Those convicted of their first offense face up to 180 days in prison and two years of state probation. The penalties increase dramatically with subsequent convictions for the same crime.
Possession of fentanyl with the intent to distribute amounts ranging from four grams up to 50 grams is now a more serious felony involving a four to 16 year prison sentence.
Those in possession of fentanyl with the intent to distribute amounts in excess of 50 grams face 32 years in a state penitentiary if convicted.
Criminal punishment is not the only method Colorado uses to discourage Fentanyl use. There are a variety of state sanctioned programs designed to treat and rehabilitate those illegal drug users who have been charged with lower level possession offenses. Not every offender is eligible for one or more of these alternative programs, however. A qualified criminal defense lawyer can provide further guidance on if you qualify.
Polansky Law Firm is one of Colorado’s premier criminal defense firms, and we defend those arrested for fentanyl possession. If you or a member of your family has been accused of drug possession or other criminal offense, feel free to contact us or call 303-415-2583 for an initial consultation.