Can a Drug Possession Charge Be Dismissed or Minimized in Colorado?

Being charged with drug possession in Colorado is serious, but it does not automatically mean you’ll end up with a conviction or time behind bars. In many cases, a skilled attorney can help get the charges dismissed or significantly reduced, depending on the circumstances. Whether the drug in question was found in your vehicle, home, or on your person, how your case is handled in the early stages can make all the difference. At Lee E. Christian Law, we help people in Fort Collins and throughout Northern Colorado understand their options — and fight to protect their future.

When Can Drug Possession Charges Be Dismissed?

While dismissal isn’t guaranteed, there are several legal and procedural factors that could result in your case being thrown out. Common reasons include:

• Unlawful search or seizure: If the police found drugs during a traffic stop or home search without probable cause or a valid warrant, your constitutional rights may have been violated. Evidence obtained illegally can be suppressed — and without that evidence, the case often collapses.
• Insufficient evidence: Prosecutors must prove that you knowingly possessed the drug. If the drugs were found in a shared space (like a car or apartment) or belong to someone else, proving you had control or knowledge of the substance can be difficult.
• Improper evidence handling: Lab errors, mislabeling, chain-of-custody issues, or untested substances can weaken the state’s case and create grounds for dismissal.
• Diversion or pretrial intervention: In some counties, eligible first-time offenders may be diverted into educational or treatment programs. Successful completion of the program often results in dismissal of charges.

Every case is different, and an experienced defense attorney will know how to examine the details to find possible grounds for dismissal.

What If Your Case Can’t Be Dismissed?

Even if a dismissal isn’t likely, there are still options to reduce the severity of the charges or penalties. This is where an attorney can work with the prosecutor to negotiate an outcome that avoids jail, protects your record, or minimizes long-term consequences. Here are several common legal tools that can help minimize your drug charges:

1. Plea to a lesser offense: Your attorney may be able to negotiate a plea deal that reduces the charge to a petty offense or a lower-level misdemeanor — which carries lighter penalties and may be eligible for record sealing later.
2. Deferred sentencing: In a deferred sentence arrangement, you plead guilty, but sentencing is postponed. If you complete probation and meet all court-ordered conditions, the charge may be dismissed without a conviction being entered.
3. Conditional probation: For non-violent offenders, the court may offer supervised probation in place of jail. Complying with terms like drug testing or counseling allows you to avoid harsher consequences.
4. Treatment-based sentencing: Courts often consider rehabilitation as an alternative to incarceration — especially when drug addiction or mental health issues are involved. Showing a commitment to treatment can help reduce penalties.

These outcomes depend on the strength of the defense, your criminal history, and the willingness of the court and prosecutor to reach a fair resolution.

Understanding Colorado Drug Possession Laws

In recent years, Colorado has revised its drug laws to differentiate between users and dealers — but that doesn’t mean the charges are light. Possession of a small amount of a Schedule I or II drug (like heroin, cocaine, or methamphetamine) is typically charged as a Level 1 Drug Misdemeanor, punishable by:

• Up to 180 days in jail (for first-time offenses)
• Fines up to $1,000
• Up to 2 years of probation

However, the charges escalate quickly based on:

• The quantity of the drug
• Whether the drug was packaged for sale
• Your intent (possession vs. distribution)
• Your criminal history

If you're accused of possession with intent to distribute — or caught with a larger quantity — you may be facing a felony, which comes with significantly more severe penalties and a permanent criminal record.

Why Hiring a Defense Attorney Matters

You might be tempted to plead guilty just to “get it over with.” But the consequences of a drug conviction often extend far beyond fines or jail time. A conviction can affect:

• Employment opportunities
• Professional licensing
• College admissions or financial aid
• Child custody disputes
• Immigration status (for non-citizens)

At Lee E. Christian Law, we take every drug possession case seriously. We’ll evaluate every piece of evidence, interview witnesses, review the officer’s conduct, and work to either get your charges dismissed or negotiate a resolution that protects your future.

Call Lee E. Christian to Protect Your Record and Your Future

A drug charge doesn’t have to define your life. Whether this is your first offense or you’ve been through the system before, you deserve a defense that looks beyond the charge and focuses on your best possible outcome. If you’ve been arrested for drug possession in Fort Collins or anywhere in Northern Colorado, we’re ready to help. 

At Lee E. Christian Law, we offer strategic, experienced defense with a personal approach. We’ll walk you through your options, answer your questions, and build a plan based on your goals. Don’t wait to take action. Contact us today to schedule a free consultation and find out what we can do for you.