The Colorado drug offender surcharge is a mandatory fee imposed on individuals convicted of drug crimes. The surcharge amount varies based on the severity of the offense.
Level 1 drug felonies carry the highest surcharge ($4,500), while level 2 drug misdemeanors carry the lowest surcharge ($300).
The court may waive part or all of the surcharge based on your financial circumstances.
In Colorado, possessing less than two grams of Schedule I or Schedule II drugs is a misdemeanor. However, possessing more than four grams of a Schedule I or Schedule II substance or any amount of common date rape drugs can lead to a felony charge.
Specific penalties for felony drug possession depend on factors like the type of drug, the quantity involved, and your criminal record.
No, jail time is not always mandatory for drug convictions in Colorado. While some drug offenses, particularly felonies, can carry mandatory minimum sentences, alternative sentencing options may include a combination of probation, community service, or drug treatment programs. Deferred sentencing may also be an option for individuals convicted of possession who complete a series of conditions set by the court.
An experienced criminal defense attorney can help you navigate these options to avoid jail time.