In Colorado, some felony drug convictions can be reduced to misdemeanors after the successful completion of probation. These crimes fall under an important statute, 18-1.3-103.5, known as the “Wobbler” statute. As such, it is important, in plea negotiations, for Colorado Drug Attorneys to attempt to mold a plea that fits within the Wobbler Statute, as necessary.
According to the Wobbler statute, the following felony drug convictions can be reduced to misdemeanors in Colorado:
- Possession of a Controlled Substance under 4 grams (for a schedule I or II drug);
- Possession of not more than 2 grams of Methamphetamine;
- Possession of not more than 2 grams of Heroin;
- Possession of not more than 2 grams of ketamine;
- Possession of not more than 2 grams of Cathinone
- Possession of not more than 4 milligrams of Flunitrazepam.
- Possession of 12 ounces or more of marijuana or 3 ounces or more of marijuana concentrate;
- Distribution of not more than 4 grams of a Schedule III or Schedule IV controlled substance;
- distribution of a controlled substance for the purpose of consuming all of the controlled substance with another person or persons of not more than 4 grams of a schedule I or II controlled substance or not more than 2 grams of meth, heroin, ketamine, or cathinone;
- Obtains a Controlled Substance through Fraud or Deceit.
If you have a drug case that falls within the guidelines above, you should talk to a Colorado Drug Lawyer about your case to make sure that no exceptions apply to your case that would disqualify your case from being lowered to a misdemeanor after the successful completion of your felony sentence.
The information in this post is for informational purposes only and should not be construed as legal advice or as the creation of an attorney-client relationship. For legal advice, please contact an Attorney.