Most people assume that drug trafficking means physically selling or transporting illegal substances. But under Colorado law, you don’t need to be caught in the act of a drug sale to face a serious trafficking charge. In fact, many people are arrested and charged with drug distribution or trafficking without ever exchanging drugs for money. If you’ve been accused of trafficking but never sold anything, you’re not alone, and you may still be facing life-changing penalties.
At Lee E. Christian Law, we represent people in Fort Collins and throughout Northern Colorado who have been charged with serious drug crimes. Whether you’re being investigated or have already been arrested, understanding how trafficking charges work is the first step toward defending your future.
In Colorado, drug trafficking is charged under laws related to the unlawful distribution, manufacturing, dispensing, or possession with intent to distribute controlled substances. The key term here is "intent to distribute." The law allows prosecutors to file trafficking charges even if no sale took place, as long as there is evidence you intended to distribute drugs to someone else.
This means you could be charged with a felony if law enforcement believes you planned to:
You don’t need to be caught handing off a package or accepting cash. In many cases, police rely on indirect evidence to argue that a person had plans to distribute drugs, even if no one else was present.
Intent to distribute is one of the most commonly misunderstood elements in drug trafficking cases. It refers to what prosecutors believe you were planning to do with the drugs you allegedly possessed. Proving intent doesn’t require a confession or eyewitness testimony. Instead, it’s often based on circumstantial evidence found during a search or arrest.
Prosecutors may use the following types of evidence to support a trafficking charge:
For example, if police find several ounces of a controlled substance in your apartment along with small baggies, a digital scale, and a large amount of cash, they may charge you with trafficking, even if you claim it was all for personal use. Similarly, if you’re pulled over with drugs in your vehicle and the quantity is significant, officers may assume you were in the process of transporting for distribution.
Many first-time defendants think that if they weren’t selling drugs, their charges will automatically be limited to simple possession. Unfortunately, that’s not how the system works. Once the amount or circumstances suggest more than personal use, prosecutors are likely to pursue the most serious charge available. This gives them leverage during plea negotiations and increases the chances of a conviction.
In Colorado, possession with intent to distribute is charged as a felony, with potential prison time, fines, and a permanent criminal record. The classification depends on the type and quantity of the drug. For example:
In other words, the legal system treats intent almost as seriously as the act of selling itself. Without the right defense strategy, a misunderstanding or overreach by police can lead to years in prison.
The fact that no actual sale occurred can work in your favor if you act quickly and build a strong legal defense. Just because you were found with drugs doesn’t mean the state can prove you intended to distribute them. Our job is to challenge the assumptions and evidence used to support that claim.
Common defense strategies in these cases include:
Every case is different, and the best defense starts with a detailed review of the facts. The earlier we get involved, the better chance we have to limit or dismiss the charges against you.
Visit our drug trafficking defense page to learn more about how we handle these cases at Lee E. Christian Law.
If you’ve been charged with drug trafficking in Colorado and never sold anything, you may feel like you’re being treated unfairly. The law can be aggressive when it comes to presumed intent, but that doesn’t mean your case is hopeless. With the right legal guidance, it may be possible to reduce your charges, avoid prison time, or even get the case dismissed.
Contact Lee E. Christian Law today to schedule a confidential consultation. We’ll evaluate the charges, explain your options, and fight to protect your future every step of the way.
