Legal Question in Criminal Law in Colorado

Re: Possession of a schedule 11 constrolled substance

Less than a gram of meth is still a felony, but it is the lowest level felony, an F6.

There are few rules on the minimum amount of evidence needed to prove distribution or intent to distribute. It is mostly a jury issue. But, distribution of a schedule II only requires that one person give it to another - no money or other property must be exchanged to show distribution. If two people share a meth pipe, it is distribution. To prove intent to distribute, cops would like to find a scale, extra baggies, various quantities, a CI as a buyer, etc. I recently won a jury trial on a meth case.

Re: Possession of a schedule 11 constrolled substance

The amount of the drug is not relevant as to the charge of possession, as the law says a positive drug test can be enough to convict on possession, as one cannot have such a result without first possessing the drug. As to distribution, there must be more evidence then simple possession. An example would be more then what one person would be used for personal consumption (a kilo would be a stretch to argue possession and would indicate distribution), the drug being packaged in seperate, measured out packages, or other evidence that the drugs were for distribution.