There are many reasons why people are charged with drug crimes in Colorado. The most recent epidemic of heroin possession cases can, in large part, be tied to the opioid crisis. Understanding how many those accused of the illegal possession of serious controlled substances such as heroin come to use and possess this drug is critical to defending these cases in Colorado criminal courts.
A new Colorado drug crime sentencing bill SB – 13-250 – has resulted in massive and POSITIVE changes to Colorado’s Uniform Controlled Substances Act. The new law creates too many changes to include in this short blog.
If you wish a thorough analysis of the law – please follow this LINK to my Colorado Drug Crimes Website – for a more complete look at the law.
In A Nutshell – here is what the law does:
Once in a great while, the Colorado State Legislature gets it right. Addiction is a disease and compassion is the treatment. Many years ago in Colorado, a law was enacted that gives the judge in a case more power than the prosecutor in drug USE cases. The law, printed below, conveys the authority on a Colorado Judge to find a defendant to be “in need of treatment.”
Upon making that finding, the Court can trump the prosecutor’s power and create what is commonly known as a deferred judgment plea bargain – even over the objection of the prosecutor. Upon successful completion of the deferred judgment, usually meaning drug rehabilitation programs, thelaw mandates the dismissal of the case. It is then eligible to be sealed immediately!
Here is the Law: