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Colorado Drug Charges

Under Colorado's Uniform Controlled Substances Act, simple possession of 4 grams or less of a schedule I or II substance is a level 1 drug misdemeanor — not a felony — after HB19-1263 (C.R.S. § 18-18-403.5), with exceptions. Distribution and manufacturing remain felonies (C.R.S. § 18-18-405). Marijuana is legal for adults 21+ under Amendment 64, with unlawful amounts addressed in C.R.S. § 18-18-406.

By Find Local Law Editorial Team · Last reviewed: May 26, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

This is general information, not legal advice, and Colorado’s drug-offense amounts and grading are detailed and frequently amended — confirm the current numbers against the statute and talk to a Colorado attorney.

Colorado’s drug laws sit under the Uniform Controlled Substances Act, and they treat simple possession very differently from selling or making drugs.

Simple possession is often a misdemeanor

After HB19-1263, simple possession of 4 grams or less of a schedule I or II controlled substance is a level 1 drug misdemeanor — not a felony (C.R.S. § 18-18-403.5). There are exceptions: certain substances, or a 4th offense, can be charged as a level 4 drug felony, so the misdemeanor treatment is not automatic. Confirm the current amounts against the statute.

Distribution and manufacturing are felonies

Distribution, manufacturing, dispensing, or sale is a felony under C.R.S. § 18-18-405, and is treated far more seriously than possession for personal use.

Marijuana

Marijuana is legal for adults 21 and older under Colorado Constitution Amendment 64. That doesn’t make all marijuana conduct legal — unlawful amounts and related offenses are addressed in C.R.S. § 18-18-406.

For how charges are classified and which court hears them, see the criminal process, or return to the criminal-defense hub. To get matched with a local Colorado attorney, connect with a lawyer.

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Frequently asked questions

Is simple drug possession a felony in Colorado?
Usually not. After HB19-1263, simple possession of 4 grams or less of a schedule I or II controlled substance is a level 1 drug misdemeanor (C.R.S. § 18-18-403.5). Exceptions exist — for example, certain substances or a 4th offense can be a level 4 drug felony.
What about selling or manufacturing drugs?
Distribution and manufacturing are felonies under C.R.S. § 18-18-405, and are treated far more seriously than simple possession.
Is marijuana legal in Colorado?
Marijuana is legal for adults 21 and older under Colorado Constitution Amendment 64. Unlawful amounts and conduct are addressed in C.R.S. § 18-18-406 — confirm the current thresholds.

Sources

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