Drug Possession Attorney in Fort Collins

More Than 20 Years Defending Possession Cases Across Northern Colorado

A drug possession charge in Fort Collins can affect your job, housing, and future. At The Law Offices of Thomas W. Martin, LLC, attorney Thomas W. Martin handles every possession case personally, from the first call through resolution. You won’t be handed off to a paralegal or a staff member. With more than 20 years of criminal defense experience and a practice focused on criminal defense, we bring focused attention to each case we take on throughout Larimer and Weld Counties.

Contact us today for a free consultation, available in person or virtually, at (970) 444-9448.

How Colorado Defines Drug Possession

Colorado’s unlawful possession statute, C.R.S. 18-18-403.5, makes it a crime to knowingly possess a controlled substance. Possession can be actual, meaning the substance was found directly on your person, or constructive, meaning you had access to and control over a substance that wasn’t physically on you. Constructive possession requires the prosecution to prove knowing control, so simply being near drugs doesn’t establish guilt.

Colorado classifies controlled substances into five schedules based on abuse potential and accepted medical use, mirroring the federal structure. Where a substance falls on that schedule directly affects the severity of the charge. Colorado’s adult marijuana allowance covers possession only up to specific quantity limits, and amounts above those limits remain a chargeable offense regardless of the source.

Penalties for Possession in Colorado

The consequences of a possession charge depend on the substance, the quantity, and your prior record. Here’s the general framework under Colorado law:

Misdemeanor Possession
Possessing 4 grams or less of a Schedule I or II substance is typically charged as a level 1 drug misdemeanor on a first, second, or third offense, which may carry up to 180 days in jail and a fine of up to $1,000. A third offense can bring up to 364 days.

Felony Threshold by Quantity
Possessing more than 4 grams of a Schedule I or II substance is typically charged as a level 4 drug felony from the first offense, with penalties that may include 6 to 12 months in prison, fines, and mandatory parole.

Repeat Offense Elevation
A fourth or subsequent level 1 drug misdemeanor may be elevated to a level 4 drug felony, significantly increasing potential consequences.

Fentanyl-Specific Rule
Possession of more than 1 gram of fentanyl, carfentanil, or a benzimidazole compound may be charged as a level 4 drug felony regardless of offense history.

How We Defend Drug Possession Cases

Every possession defense starts with a careful review of how the evidence was obtained. A Fourth Amendment challenge to an unlawful search or seizure can result in suppression of that evidence when law enforcement lacked a valid warrant, consent, or probable cause. We examine every stop, search, and seizure in your case and challenge what doesn’t hold up.

When constructive possession is alleged, we scrutinize whether the prosecution can actually prove knowing control over the substance. Proximity to drugs isn’t the same as possession. We also pursue treatment-based alternatives where appropriate. Colorado treats drug possession primarily as a public-health matter under C.R.S. 18-1.3-501(1)(d.5), which means diversion, deferred judgment, and treatment programs may be realistic outcomes for many cases, particularly first offenses. When a favorable resolution isn’t available short of trial, we’re prepared to take your case to a jury.

Why Fort Collins Residents Choose The Law Offices of Thomas W. Martin, LLC

Choosing a drug possession lawyer isn’t just about credentials. It’s about who will actually be working your case. At The Law Offices of Thomas W. Martin, LLC, attorney Thomas W. Martin is the one reviewing the police reports, evaluating the search, and appearing in court. No staff handoffs, no surprises about who you’re dealing with.

We’ve handled more than a thousand criminal cases over more than 20 years, with strong familiarity with the courts serving Fort Collins and the surrounding communities of Loveland and Greeley. That local knowledge shapes strategy. We understand how Larimer County prosecutors approach possession charges and how local judges respond to the arguments that matter. Our fees are fair and transparent from the start, so there are no billing surprises while you’re focused on your case.

Talk to a Drug Possession Attorney Today

A possession charge doesn’t have to define your future. The sooner we can review what happened, the more options may be available to you. We offer free initial consultations by phone, video, or in person at a time that works for your schedule.

Call The Law Offices of Thomas W. Martin, LLC at (970) 444-9448 to speak directly with attorney Thomas W. Martin about your Fort Collins drug possession case.