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Drug Posession and Distribution Attorney

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A conviction for a serious drug crime could effectively end your life — with jail or imprisonment, stiff financial penalties, a criminal record and elimination of rights that many of us take for granted. Don’t delay your selection of an experienced defense attorney while prosecutors mount a case against you. I am veteran criminal defense attorney J.B. Katz. For over 20 years, I have fought for the rights of clients falsely accused of drug possession, possession with intent to distribute, and sale or delivery of drugs. I work exclusively in state courts to free my clients of this stain on their reputations. I am also a member of a new drug court board that offers diversion programs for those who have been found guilty of drug offenses.

What is Drug Possession?

Understanding what falls under drug possession and what needs to be shown to get a conviction is important. Unlawful drug possession is defined as knowingly possessing a controlled substance. It is typically charged as a level 1 drug misdemeanor, but it can be charged as level 4 drug felony if you possess more than four grams of a schedule I or II controlled substance. 


Drug possession is charged as a level 1 misdemeanor if you possess up to four grams of Schedule I drugs, up to four grams of Schedule II drugs, any Schedule III drug other than Ketamine, any Schedule IV drug other than Rohypnol, or any Schedule V drugs. The possible penalties for this offense include 6 to 18 months in jail, and up to $5,000 in fines. 

It is a schedule 4 drug felony if you possess more than four grams of a Schedule I drug, more than four grams of a schedule II drug, or any amount of Rohypnol, Ketamine, or bath salts. 

The penalties include 6-12 months in prison and one year of parole, a fine of up to $100,000, and a drug offender surcharge of between $1,500 and $4,500. In some cases, probation may be an option.


Some of the most common legal defenses include the following:

  • The drugs did not belong to the defendant;
  • The defendant possesses a valid prescription for the drugs they possessed;
  • The defendant did not know they possessed drugs;
  • The defendant did not realize that what they possessed was a controlled substance; and
  • The police recovered the drugs through an illegal search and seizure. 

What is Sale of a Controlled Substance?

Sale of a Controlled Substance is a more serious crime than possession. It is defined as selling, manufacturing, or distributing a controlled substance, or possessing a controlled substance with the intent to distribute it. Generally, possessing more than 25 grams will trigger a sale of controlled substance charge. The prosecutor must prove beyond a reasonable doubt that the accused knowingly possessed that amount of drugs and that they knowingly distributed the controlled substance. 

It’s important to note that you can be charged with the intent to distribute a controlled substance even if the police haven’t actually seen you sell anything or hear you discuss selling the substance. They will often point to the possession of other paraphernalia related to the sale of a controlled substance, such as baggies, a scale, or other items that are typically used in drug sales.


The penalties depend on how much was possessed and what the substance was. It can be charged as a class 2, 3, 4, or 5 felony, or a class 1 misdemeanor. 


The most common defenses to a sale of a controlled substance charge include the following:

  • The drugs did not belong to you;
  • You possessed the drugs for personal use;
  • You were unaware that you possessed the drugs;
  • You were unaware that what you possessed was a controlled substance; 
  • The police engaged in misconduct or engaged in an illegal search and seizure; and
  • There wasn’t enough of the substance to use as a drug.

Protecting Clients’ Rights In Colorado Drug Cases For Over 20 Years

I know the legal process for prosecuting drug suspects. I know the sentencing guidelines; the role of confidential informants; community corrections, fines and surcharge penalties; and issues related to medical marijuana users and dispensaries. My comprehensive knowledge of this aspect of our criminal justice system can work to your advantage. You can count on zealous protection of your rights against drug charges such as:

  • Drug possession
  • Possession with intent to distribute
  • Drug trafficking
  • Drug sale and delivery
  • Drug manufacture
  • Drug importation or cultivation
  • Possession or distribution of illegally obtained party drugs (ecstasy) or prescription drugs (OxyContin, hydrocodone)

My clients come from all walks of life: businesspersons and nonresident aliens, visitors and vacationers, and college students enrolled at Colorado University, Colorado Mountain College, Colorado State University, the U.S. Air Force Academy in Colorado Springs and Denver University. I welcome the opportunity to help anyone whose constitutional rights have been violated by unscrupulous police arrest methods such as illegal search and seizure. As your lawyer, I offer the kind of aggressive representation and keen client commitment that only an experienced solo practitioner can provide.

How To Schedule Your Consultation

This is the phone call that could turn your life in a different, more positive direction. A Breckenridge criminal defense attorney can help you with your drug posession case. To discuss your situation with me, please call my Breckenridge office at (970) 453-5533, or send me an email. I will use my experience to build the best possible defense for you.