Colorado Controlled Substance List: Schedules, Penalties, Sealing

Colorado sorts drugs into five schedules under a framework that mirrors the federal Controlled Substances Act, then ties penalties to the schedule, the quantity involved, and whether the conduct is possession, distribution, or manufacturing. Under Colorado’s controlled substance schedules and penalties, first-time possession of four grams or less of a Schedule I or II drug is a level 1 drug misdemeanor with up to 18 months in jail, while large-scale distribution of the same drugs can reach a level 1 drug felony carrying a mandatory minimum of eight years in prison. Paraphernalia, drugged driving, overdose immunity, and record sealing all sit alongside the core possession and distribution statutes.

The Five Schedules

Colorado groups controlled substances by abuse potential, whether they have accepted medical use, and how safely they can be used under medical supervision.

  • Schedule I: High abuse potential and no recognized medical use. Heroin, LSD, and MDMA are examples.
  • Schedule II: High abuse potential with accepted medical use under tight restrictions. Cocaine, methamphetamine, fentanyl, and oxycodone fall here.
  • Schedule III: Moderate abuse potential and accepted medical use. Anabolic steroids and ketamine are typical.
  • Schedule IV: Lower abuse potential than Schedule III. Alprazolam (Xanax) and diazepam (Valium) are Schedule IV.
  • Schedule V: The lowest abuse potential among controlled substances, such as cough preparations with limited codeine.

Schedule I and II offenses draw the harshest consequences. Schedule III through V offenses are generally charged at lower levels.

What Sits Outside the Schedules

Two categories of substances have been pulled out of the criminal framework for personal use by adults.

Adults 21 and older can legally possess up to two ounces of cannabis, though retail purchases are capped at one ounce per transaction, and adults can give up to two ounces to another adult without payment.1Colorado Department of Revenue. Laws About Cannabis Use Possession beyond two ounces, unlicensed sales, and providing cannabis to anyone under 21 remain criminal.

Proposition 122, passed in 2022, decriminalized personal use of several naturally occurring psychedelics for adults 21 and older: psilocybin, psilocyn, DMT, ibogaine, and mescaline (excluding peyote). Adults can possess, grow, and share these substances for personal use without state criminal charges. Until June 1, 2026, only psilocybin and psilocyn are available through the state’s regulated access program at licensed healing centers; state regulators may add the others after that date on the Natural Medicine Advisory Board’s recommendation.2Colorado General Assembly. Proposition 122 – Access to Natural Psychedelic Substances Personal use includes sharing in counseling, spiritual, or community-healing contexts, as long as no one charges money for the substances themselves.

Possession Penalties

The most important line for Schedule I and II possession is four grams.

Fentanyl Rules

Fentanyl, carfentanil, and related synthetic opioids trigger tougher possession rules. One gram or less is a level 1 drug misdemeanor. Between one and four grams is automatically a level 4 drug felony, regardless of prior record.3Justia Law. Colorado Code 18-18-403.5 – Unlawful Possession of a Controlled Substance If the substance is more than 60 percent fentanyl by composition, the charge jumps to a level 2 drug felony, carrying 4 to 8 years in prison and fines up to $750,000.4Justia Law. Colorado Code 18-1.3-401.5 – Sentencing for Drug Felonies

Distribution and Manufacturing Penalties

Distribution and manufacturing sit in one statute, and penalties scale with weight. Whether the conduct was selling or producing matters less than how much was involved.

Special Offender Enhancements

Certain circumstances push any drug felony up to a level 1 drug felony regardless of quantity. Distributing any controlled substance within 1,000 feet of a school, on school grounds, in a school vehicle, on a public playground, or in public housing triggers the enhancement. So does hiring or pressuring a minor to help with any part of the operation.6Justia Law. Colorado Code 18-18-407 – Special Offender The eight-year mandatory minimum applies.

Mandatory Drug Offender Surcharges

Every drug conviction carries a separate surcharge on top of court fines. Courts can reduce the amount only if the defendant proves inability to pay by clear and convincing evidence.

  • Level 1 drug felony: $4,500
  • Level 2 drug felony: $3,000
  • Level 3 drug felony: $2,000
  • Level 4 drug felony: $1,500
  • Level 1 drug misdemeanor: $1,000
  • Level 2 drug misdemeanor: $300

The surcharge is mandatory and separate from court fines, restitution, and other costs. In many cases it exceeds the fine itself.7FindLaw. Colorado Code 18-19-103 – Drug Offender Surcharge

Paraphernalia

Possessing drug paraphernalia when a person knows or reasonably should know the items could be used to violate state drug laws is a drug petty offense, punishable by a fine of up to $100. The statute does not require proof of actual intent to use.8Colorado Public Law. Colorado Code 18-18-428 – Possession of Drug Paraphernalia

Selling or delivering paraphernalia, or possessing it with intent to sell, is a level 2 drug misdemeanor, carrying up to 364 days in jail and a fine of up to $750.9Colorado Public Law. Colorado Code 18-18-429 – Manufacture, Sale, or Delivery of Drug Paraphernalia

Testing equipment used to identify or analyze the strength, purity, or contents of controlled substances is not considered drug paraphernalia under Colorado law.10Colorado Department of Public Health and Environment. Colorado Public Health Harm Reduction Legislation Fentanyl test strips are the common example. Schools can stock them, students can carry them, and anyone distributing a strip in good faith has civil immunity if the result is inaccurate.

Driving Under the Influence of Drugs

Colorado treats drug-impaired driving under the same statute as alcohol-impaired driving. Driving while impaired by any drug, or by drugs combined with alcohol, is a misdemeanor for a first, second, or third offense. A fourth or subsequent DUI, counting prior DUI, DUI per se, DWAI, vehicular homicide, or vehicular assault convictions, is a class 4 felony.11Justia Law. Colorado Code 42-4-1301 – Driving Under the Influence

Marijuana works differently from other drugs. If a driver’s blood contains 5 nanograms or more of THC per milliliter, the law permits a jury to infer impairment, but the driver can rebut that inference with evidence they were not actually impaired.12National Conference of State Legislatures. Drugged Driving – Marijuana-Impaired Driving This matters for regular medical marijuana patients, who can carry residual THC above 5 ng/ml without active impairment. For drugs other than marijuana, there is no numeric threshold; prosecutors rely on officer observations, field sobriety tests, drug recognition expert evaluations, and toxicology results.

Overdose Reporting Immunity

If someone calls 911 or contacts a medical provider to report a drug or alcohol overdose, both the caller and the person who overdosed receive immunity from arrest and prosecution for a list of drug offenses. Protected offenses include possession of a controlled substance, drug use, possession of marijuana beyond legal limits, and possession of drug paraphernalia.13FindLaw. Colorado Code 18-1-711 – Immunity for Persons Who Report Emergency Drug or Alcohol Overdose Events

To qualify, the reporter must act in good faith, remain at the scene until help arrives, identify themselves, and cooperate with responders. Immunity only covers offenses arising from the same events as the overdose. It does not shield unrelated charges, and it does not block distribution or manufacturing prosecutions above the small-quantity fentanyl threshold.

Federal Law Still Applies

State legalization and decriminalization do not override federal law. Marijuana remains a Schedule I controlled substance under the federal Controlled Substances Act, and federal authorities can prosecute marijuana activities regardless of Colorado law.14Congressional Research Service. The Federal Status of Marijuana and the Policy Gap with States

Real consequences follow. Anyone who uses marijuana, including holders of a Colorado medical marijuana card, is barred from purchasing or possessing firearms under federal law. Federal firearms transaction forms require buyers to disclose any unlawful drug use, and gun dealers must refuse the sale. Federal law also affects immigration status, federal employment, security clearances, and eligibility for federal student loans, even where the underlying marijuana use is legal under Colorado law.

Sealing a Drug Conviction

Colorado allows people convicted of drug offenses to petition for record sealing after completing their sentence, including probation or parole. A sealed record is no longer visible to the public, employers, or landlords.15FindLaw. Colorado Code 24-72-706 – Sealing of Conviction and Criminal Justice Records

Waiting Periods

How long you wait after finishing your sentence or supervision depends on the offense:

  • Drug petty offenses (such as paraphernalia possession): 1 year
  • Drug misdemeanors and level 4 drug felonies under the fentanyl-specific possession statute: 2 years
  • Level 3 and level 4 drug felonies, and class 1 misdemeanors: 3 years
  • All other eligible offenses: 5 years

Waiting periods run from the later of the final disposition of all proceedings or the date of release from supervision. Records cannot be sealed if the defendant still owes restitution, unless the restitution order has been vacated.15FindLaw. Colorado Code 24-72-706 – Sealing of Conviction and Criminal Justice Records

Filing

Sealing requires a motion in the court where the case was adjudicated. The filing fee is $65 as of July 2025, and courts can waive it for financial hardship.16Colorado Judicial Branch. Sealing Criminal Records – August 2025 Some licensing boards retain access to sealed records in specific circumstances, but sealing removes the conviction from standard background checks, which is where most employers and licensing agencies start.