While marijuana is both medically and recreationally legal in Colorado, there are still areas in the state that are considered to be no drug zones. Marijuana isn’t the only drug in Colorado, however, and drug crimes extend to any illegal controlled substance. Looking back through history, we can see the creation of drug-free zones during the “War On Drugs” throughout the 1980s. Drug-free zones were designed and established to deter individuals from consuming or trafficking drugs in places where children frequent such as schools and parks.

However, when looking at the statistics and evidence, drug-free zones do little to deter the consumption or trafficking of drugs. In fact, drug-free zones simply tie irrational and more severe penalties, which can include drug crimes that are completely unrelated to children.

To avoid irrational and extreme penalties associated with drug charges in drug-free zones, it’s best to learn and be aware of how drug-free zones operate in the state of Colorado. This will be especially beneficial to new residents as well as those who have become old enough to purchase marijuana. However, if an individual has already been charged with a drug crime in a drug-free zone, they should contact an experienced Colorado drug defense lawyer to ensure they reach the best possible outcome with their case.

How Drug-Free Zones Were Designed To Function

During the War on Drugs in the 1980s, every state in the US imposed laws that carried higher consequences on drug crimes that were committed near schools. The main objective behind these laws was to deter and prevent individuals from selling or consuming drugs near children and to also protect children from being collateral damage associated with dealing drugs or trafficking drugs.

In certain states, an additional criminal charge is applied when a drug crime is committed in a drug-free zone. This essentially charges the offender twice for the same crime. For instance, when an individual is charged with a simple possession crime in a drug-free zone in Arkansas, the offender will have 10 additional years added to their sentence with no possibility of parole, if they are convicted of the crime. This is even true for first-time offenders. However, in other states, they simply increase the penalty instead of adding extra charges. These penalties often prevent or limit the possibility of parole, but do not have additional charges associated with the same crime.

When considering the drug-free zones in Colorado, they operate a little differently. When an individual is charged with a drug crime in a drug-free zone in Colorado, they will be legally labeled as a “Colorado special offender”. This is due to them either selling, distributing, possessing with the intent to distribute, manufacturing, or attempting to manufacture any controlled substance in the following locations.

• A primary or secondary school, vocational school, or public housing development, whether it be public or private.
• Publicly accessible private dwellings in these areas.
• Within 1,000 feet of the perimeter of the above places, or any public park or playground.
• In any school vehicle actively transporting students.

Colorado Increased Penalties For Drug Charges in Drug-Free Zones

Once a defendant is labeled as a “Colorado special offender”, they will be subject to increased penalties during sentencing. These penalties can include, but are not limited to:

• Mandatory prison sentence of 8-32 years with a mandatory 3 years parole
• Fines ranging from $5,000 to $1,000,000
• Colorado level 1 drug felony

Offenders in Colorado may be subject to aggravated drug sentencing. An example of this would be if an individual is on parole and is charged with a drug crime in a school zone, the mandatory minimum sentence is increased to 12 years instead of 8.

When looking at these offenses outside of drug-free zones, the penalties are significantly less harsh, as they only carry penalties of up to 2 years imprisonment. Therefore, it shows that Colorado has no leniency for special offenders.

Complications With Colorado’s Drug-Free Zones

The reasoning behind creating drug-free zones is great in theory. Everyone wants to ensure that people are deterred from consuming or distributing drugs around children. However, under these laws, a vast portion of most urban areas are designated as drug-free zones. In fact, some cities are considered to be covered up to 95% in drug-free zones.

Why is this a bad thing? A number of US cities have designated over 75% of their total land within city limits as a drug-free zone, and even offenses committed within a person’s own home can carry the strict penalties associated with the Colorado special offender label. This implies that drug-free zone laws do not deter offenders from protected areas, but rather leave them with nowhere else to go, resulting in inevitable enhanced sentencing.

Nonviolent drug offenders overcrowd US prisons, placing a significant burden on the criminal justice system which ultimately falls on the taxpayers. Furthermore, it has been proven that incarceration cannot be relied upon to deter the commission of drug crimes. Mass incarceration in the United States has been attributed in part to increased penalties in drug-free zones.

Why Hiring A Drug Defense Lawyer Is The Best Option

Many alleged offenders opt for public defenders instead of hiring legal assistance. This is mainly due to the fact that they either cannot pay for an attorney, or they do not know they have the option to. Many Colorado drug defense lawyers typically work on a retainer fee, however, most offer payment plans and fees based on income for those who cannot afford the retainer fee upfront.

Individuals charged with a drug crime in Colorado are always advised to retain private legal representation instead of relying on a public defender. It’s no secret that every Colorado public defender’s office is understaffed, which means that public defenders do not have the time or ability to properly represent an individual labeled as a Colorado special offender. Thus resulting in many charged individuals being severely punished, even when they either falsely accused or simply misunderstood the law.

Retaining a private drug defense attorney will give a charged individual the best chance at achieving the outcome they not only want but need. This gives them the best chance at either having their charges reduced, or even dismissed entirely. Having a special offender drug conviction on record can have lifelong consequences, therefore a private drug defense lawyer is worth the investment.