New Drug Penalties (2013)

Colorado Drug Crime Law: Criminal Drug Charge Consequences

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Drug Felony Penalties

Applies to any crime committed on or after Oct. 1, 2013 Level

Minimum

Maximum

Mandatory Parole

Fine

DOS

DF1

8 Years

32 Years

3 Years

$5,000-$1,000,000

$4,500

Presumptive

Aggravated

DF2

4-8 Years

8-16 Years

2 Years

$3,000-$750,000

$3,000

DF3

2-4 Years

4-6 Years

1 Year

$2,000-$500,000

$2,000

DF4

6 mos. - 1 Year

1-2 Years

1 Year

$1,000-$100,000

$1,500

All sentences to DF1 crimes are to prison and the minimum term is mandatory and may not be suspended.

Sentences to DF2, DF3 and DF4 shall be in the presumptive range unless court makes findings on the record based on:

-evidence in the record of the sentencing hearing;
-the presentence report;
-factors agreed to by the parties.

Statutory midpoint presumptive to max aggravated range aggravators:

-on parole for another felony
-on probation for another felony
-in prison, community corrections or on escape status
-on probation for felony adjudication

Statutory aggravators authorizing aggravated range sentence

-on bond for felony
-on bond for felony delinquent act
-on bond for any offense as a plea when original offense was felony
-on bond for any delinquent act when original offense was felony delinquent act
-on a DJ&S for a felony delinquent act
-on parole for a felony delinquent act

Drug Misdemeanor Penalties Level

Minimum

Maximum

Fine

DOS

DM1

6 Months

18 Months

$500-$5,000

$1,000

DM2

0 months

12 Months

$50-$750

$300

Exhaustion of Sentencing Options: If sentencing someone to prison on a DF4

-Court must make a finding that "incarceration is the most suitable option given the facts and circumstances of the case, including the defendant's willingness to participate in treatment."
-Court must also determine that all other reasonable and appropriate sanctions and responses to the violation that are available to the court have:
-been tried and failed;
-do not appear to be likely to be successful if tried; or
-present an unacceptable risk to public safety.

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