Skiing in Colorado can be an exhilarating experience, but it can also lead to unexpected legal trouble, especially if drugs are involved. While the state is known for its progressive stance on marijuana use, it is important to understand the limits of those laws and how other drugs are treated. Whether it’s marijuana, cocaine, methamphetamine, or any other illegal substance, facing a drug charge can result in severe legal consequences.
If you find yourself in this situation, understanding the specifics of Colorado’s drug laws, the potential charges, and the consequences you might face is crucial. In this guide, we’ll walk you through what happens if you’re caught with drugs during your ski trip and what your next steps should be.
Understanding Colorado’s Drug Laws 
Colorado has earned its reputation for being a state with relatively relaxed marijuana laws. Since 2014, adults aged 21 and older have been able to legally possess and consume marijuana for recreational use. However, despite the legalization of marijuana, there are still several important regulations and restrictions in place, particularly when it comes to the quantity you can possess, where you can consume it, and whether you’re allowed to have marijuana in certain places such as public spaces or ski resorts.
While marijuana is legal in Colorado, drugs like cocaine, heroin, methamphetamine, and other illegal controlled substances are still strictly prohibited. The state does not allow any leniency in the case of possession, use, or distribution of these drugs.
If you’re caught with illegal substances in your possession while skiing, you could face serious legal repercussions. Whether you’re enjoying the slopes at Breckenridge, Aspen, or Vail, it is important to stay aware of the state laws and resort policies to avoid getting caught in a legal mess.
Drug Charges in Colorado: What You Might Face
If you’re caught with drugs while on your ski trip in Colorado, there are a variety of charges you may face, depending on the substance, the quantity, and the circumstances of your arrest. Understanding the potential charges is the first step in navigating through the legal consequences.
Possession of a Controlled Substance
The most common charge someone faces when caught with drugs is possession. However, the severity of the charge depends on the type of drug and the amount you’re carrying. For example, possession of small amounts of marijuana (less than one ounce) is generally considered a misdemeanor offense. On the other hand, possessing drugs like cocaine, heroin, or methamphetamine, even in smaller amounts, can result in much harsher penalties, including felony charges.
- Marijuana Possession: Legal for adults 21 and over in small quantities, but possessing more than one ounce, or using it in public places like ski resorts or on ski lifts, can result in criminal charges.
- Other Drugs: Possession of other illegal drugs like cocaine or meth is treated far more severely. Even small amounts can lead to felony charges.
Possession with Intent to Distribute
If you’re caught with a larger quantity of drugs than you’d reasonably need for personal use, law enforcement may charge you with possession with intent to distribute. This charge is much more serious and can lead to severe penalties, including long-term prison sentences. The key here is intent. If law enforcement has reason to believe that you were intending to sell the drugs, they can escalate the charge.
Drug Trafficking
In some cases, drug charges may be even more serious if you’re suspected of trafficking or smuggling drugs into the state. If you’re caught in possession of a large quantity of illegal substances or are involved in transporting or selling drugs, you could face trafficking charges. Drug trafficking is a felony and carries some of the harshest penalties in Colorado, including hefty fines and lengthy prison sentences.
Driving Under the Influence of Drugs (DUID)
Another major concern while on a ski trip is driving under the influence of drugs, also known as DUID. While marijuana is legal for adults in Colorado, driving while under the influence of marijuana, or any other drug, is illegal. Police can arrest you if they believe you are impaired while driving, and if convicted, you may face the same penalties as a DUI (driving under the influence of alcohol), including license suspension, fines, and possible jail time.
If you’re stopped by a police officer and found to have marijuana or any other drug in your system, they may charge you with DUID, regardless of whether the substance is legal in the state or not. Ski resorts or other areas of public land may have specific regulations regarding marijuana consumption, so it’s important to avoid using drugs in areas where it’s prohibited.
Ski Resorts and Drug Use: What You Need to Know
If you’re visiting one of Colorado’s premier ski resorts, such as Vail, Breckenridge, or Aspen, you need to be aware of the specific policies regarding drug use. Although marijuana is legal in Colorado, ski resorts are considered private property, and most prohibit marijuana consumption on their premises, regardless of state law.
Many ski resorts have strict no-drug policies in place to maintain a safe environment for all visitors. If you’re caught with illegal substances while skiing, either on the slopes, in the parking lot, or in resort areas, you could face criminal charges. Even if you’re caught with marijuana, you may be cited for public consumption if you’re found using it in prohibited areas.
The federal government also governs public lands, which includes national forests where many ski resorts operate. Federal law still prohibits marijuana use on these lands, and this means that even if you’re in an area where marijuana consumption is allowed by state law, federal regulations still apply. Skiing under the influence of illegal drugs is not only dangerous but could land you in serious legal trouble.
What to Do If You’re Arrested
If you find yourself arrested for a drug-related offense while on a ski trip, it is crucial to know your rights and understand how the legal process works in Colorado. The first thing you should do is remain calm and exercise your right to remain silent. Anything you say to law enforcement could be used against you, so it is in your best interest to speak with an attorney before discussing the details of your case.
Here are some key steps to take if you’re arrested for drug-related offenses in Colorado:
- Stay Calm and Compliant: Don’t resist arrest or argue with the officers. Comply with the officers’ instructions while maintaining your right to remain silent.
- Request Legal Counsel: As soon as possible, request to speak with an attorney. A qualified criminal defense attorney can advise you on the best course of action and protect your rights throughout the legal process.
- Do Not Consent to Searches: You have the right to refuse a search unless the police have a warrant or your consent. If you consent to a search, anything found could be used as evidence against you.
- Contact a Local Attorney: If you’re arrested in Colorado, especially in a ski resort area, it’s important to have an attorney familiar with Colorado’s drug laws. They can help ensure you understand the legal process and fight for a fair resolution.
Penalties for Drug Offenses in Colorado
The penalties for drug offenses in Colorado can be severe, especially if you are caught with larger amounts of drugs, have a history of drug convictions, or are charged with trafficking or distribution. Here’s a breakdown of potential penalties:
Misdemeanor Charges
- Fines: Up to $1,000
- Jail Time: Up to 1 year in jail
Felony Charges
- Fines: Up to $100,000
- Prison Time: Several years to a decade, depending on the severity of the charge and the drug involved. Drug trafficking and distribution convictions can result in up to 10 years in prison.
Drug Treatment Programs
In some cases, individuals convicted of drug possession may be eligible for drug treatment programs instead of prison sentences, depending on the amount of the drug and the circumstances of the case. An attorney may be able to negotiate a plea agreement that allows you to avoid jail time and instead participate in a rehabilitation program.
While skiing in Colorado can be an exciting and memorable experience, it’s important to be aware of the state’s drug laws and how they apply to your visit. Whether you’re caught with marijuana, other illegal drugs, or found driving under the influence, drug-related charges can have long-lasting consequences.
If you are arrested for a drug offense, it’s essential to seek legal counsel immediately. A skilled criminal defense attorney can evaluate the details of your case, explain your options, and help you navigate the legal process. Hebets & McCallin P.C. offers free consultations to help you understand your rights and how best to handle your situation. Don’t let a drug charge ruin your ski trip—reach out to us for the help you need.