Drug Violations in Colorado

According to the National Center for Drug Abuse Statistics, about half of Americans over 12 years of age have used illicit drugs at least once. Approximately 13.5% of Americans have use drugs in the past month and 21.4% have used drugs in the past year. When this activity takes place in rental units, it can cause safety issues for other tenants and legal problems for landlords.

The Denver offices of Flaxman Law Group are here to help Colorado landlords and tenants with landlord-tenant disputes arising from drug violations. If you’re a landlord struggling to find answers or are a tenant seeking to protect your rights, contact us 970-999-0530 for a no obligation case consultation with a Colorado landlord-tenant dispute lawyer.

Most drug possession and drug use charges in Colorado are a misdemeanor. In cases where someone is found guilty of having more than four grams of a schedule I or II drug (such as heroin, fentanyl, methadone, and other serious charges, they may face felony charges.

Selling or making the equipment to manufacture drugs is a level 2 drug felony. It is punishable by 4-16 years in prison and up to $750,000 in fines. Manufacturing or selling illegal drugs is a level 1 drug felony that can result in 8-32 years in prison and up to $1 million in fines.

Landlords in Colorado are rightfully concerned about drug activity on their premises. Illegal drugs can result in violence, attract a criminal element to the property, and result in property damage. This kind of illegal activity can cause serious harm to other tenants and even expose landlords to liability.

If a tenant is engaging in illegal drug activity, landlords in Colorado do have the right to evict them. However, they must follow all current state laws to do so.

There are some drugs that are legal, including alcohol and prescription medications. As of 2012, recreational use of marijuana is legal in Colorado. Medical use of marijuana is also allowed.

Landlords in Colorado are allowed to create “no smoking” rules and to include these in lease agreements. This would prohibit the use of marijuana and nicotine smoking in the rentals. However, landlords do not have the right to ban marijuana used for medical use when it’s administered in a way other than smoking.

If a tenant violates the lease agreement by using or cultivating illegal drugs or marijuana in a way that violates the lease terms, the landlord may have grounds for eviction. However, landlords must follow proper legal procedures, including issuing notices and giving tenants an opportunity to remedy the violation.

Landlords who want to prohibit marijuana use should clearly specify this in the lease agreement. Landlords also need to stay aware of evolving marijuana laws and update their lease agreements if needed. They need to be prepared to make reasonable accommodation for medical marijuana use and for the use of any medication or medical treatment. Landlords must work with tenants in good faith to address their legal rights.

Even in situations where the lease agreement is clear and illegal drug activity is taking place, it’s common for disputes to arise over alleged drug violations. Tenants accused of illegally manufacturing or using drugs in their rental may claim the landlord searched their premises illegally, may deny the charges, or may allege the landlords attempts at eviction aren’t in accordance with Colorado laws.

In complex situations involving drug violations, both parties should speak to an experienced Colorado or Denver tenant-landlord dispute attorney to understand their rights and responsibilities fully.

Landlords want to be vigilant in upholding their property's integrity, while tenants must respect the terms of their lease agreements. In cases where disputes arise, seeking the help of a Colorado tenant-landlord dispute attorney can help both parties achieve fair and equitable resolutions.

Whether you live in Boulder, Denver, or any Colorado community, you can always contact the Flaxman Law offices in Denver at 970-999-0530 if there is a landlord-tenant issue you’re having trouble resolving. Flaxman Law Group is a family-based law firm with a track record of helping both landlords and tenants find solutions. Our compassionate father-son attorney team even makes their personal cell phone numbers available to every client for 24/7 access.

If you’re a landlord dealing with illegal drug activity on your property or a tenant accused of illegal activity and facing eviction, contact us for a confidential consultation with a Colorado landlord-tenant dispute attorney.