Colorado's Drug-Crime Framework
Colorado categorizes drug offenses into four drug felony levels (DF1–DF4) and two drug misdemeanor levels (DM1–DM2), each with its own presumptive range. Distribution, manufacturing, and conspiracy carry the steepest exposure — a DF1 can result in 8 to 32 years in prison. Even simple possession cases carry collateral consequences: immigration exposure, professional licensing, and student-aid eligibility.
Cases Handled
- Possession of a controlled substance (DM1 / DF4)
- Possession with intent to distribute (DF1–DF3)
- Manufacturing / cultivation (cocaine, meth, MDMA, LSD, cannabis over plant count)
- Conspiracy and "special offender" enhancements
- Prescription-fraud and doctor-shopping cases
- Federal drug charges — 21 U.S.C. § 841 and § 846
- Drugged-driving DUI (see DUI page)
- Marijuana distribution outside the regulated market
Defense Strategy — Start with the Search
The single most valuable motion in a drug case is a well-supported Motion to Suppress. Daniel routinely challenges:
- Traffic stops — reasonable suspicion and scope of detention (Rodriguez v. United States)
- K-9 deployments — timing, reliability, and training records
- Warrant applications — Franks challenges to material misstatements or omissions
- Consent — voluntariness and scope
- Plain-view, inventory, and protective-sweep doctrines
Representative Result
- November 2024 — Fourth Amendment illegal-seizure settlement against multiple local police departments after a civil rights follow-up to a drug-related stop.
Frequently Asked Questions
What are the penalties for simple possession in Colorado?
Most simple-possession cases are now charged as DM1 or DF4 and are frequently eligible for diversion, deferred judgment, lowering to a misdemeanor upon completion of the sentence, or drug court. A conviction, even a misdemeanor, could result in serious lifetime consequences, and retaining an experienced attorney like Daniel Kyser is highly recommended.
What is a "special offender"?
Colorado's special-offender statute (C.R.S. § 18-18-407) enhances a drug felony's sentencing range when certain factors are present — possession of a firearm during the offense, prior drug convictions, or the use of a minor. A successful challenge can cut exposure dramatically.
Can an unlawful search get my case dismissed?
If the motion to suppress is granted and the prosecution cannot proceed without the suppressed evidence, the case is typically dismissed. This is the most common path to dismissal in drug cases.