C.R.S. § 18-1.3-501 - Misdemeanors classified - drug misdemeanors and drug petty offenses classified - penalties - legislative intent - definitions

• Cite as: C.R.S. § 18-1.3-501

(1)

(a) Except as otherwise provided in subsection (1)(d) of this section, for offenses committed prior to March 1, 2022, misdemeanors are divided into three classes that are distinguished from one another by the following penalties that are authorized upon conviction except as provided in subsection (1.5) of this section:

<TABLE> <TR><TD><bold>Class</bold></TD><TD><bold>Minimum Sentence</bold></TD><TD><bold>Maximum Sentence</bold></TD> </TR> <TR><TD>1</TD><TD>Six months imprisonment, or five hundred dollars fine,or both</TD><TD>Eighteen months imprisonment, or five thousand dollars fine,or both</TD> </TR> <TR><TD>2</TD><TD>Three months imprisonment, or two hundred fifty dollars fine, or both</TD><TD> Three hundred sixty-four days imprisonment, or one thousand dollars fine, or both</TD> </TR> <TR><TD>3</TD><TD>Fifty dollars fine</TD><TD>Six months imprisonment, or seven hundred fifty dollar fine, or both</TD> </TR> </TABLE>

(a.5) Except as otherwise provided in subsection (1)(d) of this section, for offenses committed on or after March 1, 2022, misdemeanors are divided into two classes that are distinguished from one another by the following penalties that are authorized upon conviction:

<TABLE> <TR><TD><bold>Class</bold></TD><TD><bold>Maximum Sentence</bold></TD> </TR> <TR><TD>1</TD><TD>364 days imprisonment, not more than a one thousand dollar fine, or both</TD> </TR> <TR><TD>2</TD><TD>120 days imprisonment, not more than a seven hundred fifty dollar fine, or both</TD> </TR> </TABLE>

(b) A term of imprisonment for conviction of a misdemeanor shall not be served in a state correctional facility unless served concurrently with a term for conviction of a felony.

(c) A term of imprisonment in a county jail for a conviction of a misdemeanor, petty, or traffic misdemeanor offense shall not be ordered to be served consecutively to a sentence to be served in a state correctional facility; except that if, at the time of sentencing, the court determines, after consideration of all the relevant facts and circumstances, that a concurrent sentence is not warranted, the court may order that the misdemeanor sentence be served prior to the sentence to be served in the state correctional facility and prior to the time the defendant is transported to the state correctional facility to serve all or the remainder of the defendant's state correctional facility sentence.

(c.5) The maximum consecutive sentence to the county jail for misdemeanor crimes charged in a single case is twenty-four months.

(d) Except as provided in subsection (1)(d.5) of this section, for purposes of sentencing a person convicted of a misdemeanor drug offense described in article 18 of this title 18, committed on or after October 1, 2013, drug misdemeanors are divided into two levels that are distinguished from one another by the following penalties that are authorized upon conviction:

<TABLE> <TR><TD><bold>Level</bold></TD><TD><bold>Minimum Sentence</bold></TD><TD><bold>Maximum Sentence</bold></TD> </TR> <TR><TD>DM1</TD><TD>Six months imprisonment, five hundred dollars fine, or both</TD><TD>Eighteen months imprisonment, five thousand dollars fine, or both</TD> </TR> <TR><TD>DM2</TD><TD>No imprisonment, fifty dollars fine</TD><TD> hree hundred sixty-four days imprisonment, seven hundred fifty dollars fine, or both</TD> </TR> </TABLE>

(d.5)

(I) It is the intention of the general assembly to classify most drug possession on and after March 1, 2020, as a misdemeanor offense with different sentencing options and limited incarceration penalties. The purpose of this sentencing scheme is to provide offenders who are assessed to be in need of treatment or other intervention with probation supervision in conjunction with effective medical and behavioral intervention and treatment. For those drug possessors who are not in need of treatment, sentencing by the courts system should be limited. This sentencing scheme recognizes that drug use and possession is primarily a health concern and should be treated as such by Colorado courts.