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Prescription Drug Possession

Fort Collins Prescription Drug Possession Attorney

Prescription drugs have a variety of uses, meant to make life better for those using them. From pain relief to treatment for anxiety and everything in between, when used correctly, prescription drugs can be lifesavers. Unfortunately, some of these medications can also do a great deal of harm when abused. 

Be it possession of a controlled substance without the proper prescription to creating a fake prescription to illegally obtain the drugs, the penalties that come alongside prescription drug possession are serious. 

Fort Collins Prescription Drug Crimes & Penalties

It is illegal to possess prescribed drugs without a valid prescription in Colorado. However, the charges for possession of them varies depending on the schedule of the controlled substance you’re found with. For example, Schedule II drugs include codeine, methadone, OxyContin and Vicodin. Four grams or less of a Schedule II drug is considered a Class 6 felony, which could carry up to 18 months in jail and a fine up to $100,000. Now, if you are facing unlawful sale or distribution charges for no more than 4 grams of Schedule II drugs, it is considered a level 3 felony. 

These are punishable by up to 12 years in jail and a fine that could reach $750,000. 

It’s important to mention that Colorado uses drug courts for intervention opportunities for those facing possession charges. Because of this, a first-time offender may be given the ability to join an intervention program as part of their sentencing. 

State & Federal Prescription Drug Possession Charges 

If you get arrested on federal land, even if it’s by state police, you could be facing federal possession charges. This carries the potential for more serious jail time and fees, and is not something to take lightly. 

Federal Prescription Drug Possession Penalties

These charges typically come with stiffer penalties than state possession charges. Simple controlled substance possession can carry up to a year in jail and fines of $1,000 or more. If it’s your second conviction, you could be looking at up to 2 years in federal prison and fines exceeding $2,500. Subsequent convictions can result in a minimum of 90 days served in a federal facility and fines reaching $5,000 or more. There are not intervention opportunities in federal cases. 

Prescription Fraud

Prescription fraud is the act of obtaining/attempting to obtain access to prescription drugs by falsifying symptoms, using a fake name or address, forging a prescription and more.This includes any attempts to falsify or otherwise fraudulently get a prescription filled. It is a criminal offense to use prescription fraud to obtain any controlled substance in the state of Colorado.  Prescription fraud involves gaining access to prescription drugs through fraudulent means. Prescription fraud is a fourth degree felony. It is commonly addicts committing these acts, and the court does allow for treatment options to be included in sentencing. 

Call The Best Prescription Drug Possession Lawyers in Fort Collins

Schwartz, Waible & Esser are experts in drug crimes here in Northern Colorado. If you’re facing possession charges, give us a call to find out how we can help you get your life back on track and put this behind you. 


(970) 493-0407


109 N. College Ave. Suite 215
Fort Collins, CO 80524


9:00 AM - 5:00 PM

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