Drug trafficking is among the most complicated legal principles out there. As many people comprehend it, trafficking indicates moving something from one location to another unlawfully.
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So why then were 6 guys just recently arraigned for being associated with a drug trafficking ring after getting heroin from beyond the state? Would not they have needed to try to carry those drugs elsewhere for drug trafficking charges to use?
Brief response: nope.
Why not? 2 factors:
- What many people think makes up drug trafficking is based upon is insufficient and mainly originates from a misconstruing about the word itself.
- There is no real “drug trafficking” statutes in Colorado, so when we hear that somebody is dealing with drug trafficking charges, it technically suggests something else.
Understand those 2 things and you’ll understand why it’s not just completely within the bounds of the law to implicate somebody of being a drug trafficker for getting big quantities of drugs, however relatively typical.
What “Trafficking” Actually Implies under Colorado Law
Initially, the meaning of the word. Put simply, “traffick” and “traffic” have little to do with each other. One has to do with moving from location to location. The other is, according to Merriam-Webster, “the act of offering or purchasing … unlawful products.”
Naturally, that’s a dictionary. That’s not the statute. To be charged with criminal activity in Colorado, you need to breach a real statute.
Furthermore, as pointed out above, Colorado has no drug trafficking statute on the books. So what does it indicate when you hear that somebody has been charged with trafficking instead of another drug criminal activity?
The prohibited acts usually related to the trafficking of prohibited compounds fall under C.R.S. § 18-18-405, Illegal circulation, production, giving, or sale. More particularly, the law states that it is unlawful:
” … for anyone purposefully to make, give, offer, or disperse, or to have with intent to produce, give, offer, or disperse, an illegal drug; or cause, try to cause, or conspire with several other individuals, to produce, give, offer, disperse, or have with intent to produce, give, offer, or disperse, an illegal drug; or have several materials or chemicals or devices with intent to produce an illegal drug.”
In other words, if you remain in any method included with making or offering an illegal drug – even if you have not done it yet however havy been conspiring to and are getting the operation established – you can be charged under the law.
That 2nd part is where “getting” participates in the photo as a prospective method to get charged with trafficking. As the law sets out, belongings with the intent to take part in any of those acts described above makes up trafficking.
So, if you get a big delivery of drugs from somebody and police captures you with them, more than likely you will be charged with a trafficking offense instead of simple belongings.
Where is the line drawn? That depends upon the drug in concern.
Quantities (and Charges) Connected With Colorado Drug Trafficking Charges
Thenumbery of drugs yoy have in your belongings matters in 2 methods under the trafficking laws of our state. Initially, it figures out whether you will be up versus a belongings charge or a trafficking offense. Second, it identifies the level of the offense itself.
Here’s how it breaks down:
Arrange I and II Drugs
14 grams and under – Level 3 Drug Felony
14-225 grams – Level 2 Drug Felony
Over 225 grams – Level 1 Drug Felony
Cathinones, Heroin, Katamine, and Meth
7g and under – Level 3 Drug Felony
7-112g – Level 2 Drug Felony
Over 112g – Level 1 Drug Felony
Flunitrazepam
10g or under – Level 3 Drug Felony
10-50g – Level 2 Drug Felony
Over 50g – Level 1 Drug Felony
Arrange III and IV Drugs
Transfer (without sale) of 4g or under – Level 1 Drug Misdemeanor
Over 4g – Level 3 Drug Felony
Arrange V Drugs
Any quantity – Level 1 Misdemeanor
Cannabis
Under 4 oz. (or under 2 oz. concentrate) – Level 1 Drug Misdemeanor
4-12 oz. (or 2-6 oz. concentrate) – Level 4 Drug Felony
12 oz.-5 pounds. (or 6 oz.-2.5 pounds. concentrate) – Level 3 Drug Felony
5-50 pounds. (or 2.5-25 pounds. concentrate) – Level 2 Drug Felony
Over 50 pounds. (or over 25 pounds. concentrate) – Level 1 Drug Felony
Furthermore, moving any total up to somebody underage certifies as either a Level 2 or Level 1 Drug Felony.
Level 1 Drug Misdemeanors featured the possibility of 6-18 months in prison and fines of $500-$ 5,000, and the repercussions increase from there:
- 2-6 years in jail and fines from $2,000-$ 500,000 for Level 3 Drug Felonies
- 4-16 years in jail and fines from $3,000-$ 750,000 for Level 2 Drug Felonies
- 8-32 years in jail and fines from $5,000-$ 1 million for Level 1 Drug Felonies
Simply put, there are no trafficking offenses that aren’t “severe.” You require to come up with the finest possible defense method for your circumstance if you discover yourself dealing with charges and hope to have a favorable result. That implies connecting to a well-informed Denver drug trafficking attorney who has a performance history of success – and doing so as early at the same time as possible.
Law 101: Criminal Law 
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