Drug crimes—especially drug manufacturing crimes—are aggressively prosecuted in the state of Colorado. In fact, sometimes people who are not even directly involved in the process of manufacturing the controlled substances are charged with a crime. Here’s what you should know about the crime of allowing someone to manufacture drugs on your property:
Who Can Be Charged With This Crime?
Landlords, property owners, and property managers can be charged with a crime for knowingly or intentionally allowing someone to manufacture controlled substances on their property. This means a landlord, property owner, or property manager can face criminal charges even if they played no role in the manufacturing process.
It is also a crime to knowingly or intentionally allow someone to use your property for the purpose of distributing or transporting controlled substances.
It’s important to note that the keywords in the legal definition of this crime are “knowingly” and “intentionally.” These individuals cannot be charged with a crime if they were unaware that someone was manufacturing drugs on their property. They also cannot be charged with this crime if they notified someone in law enforcement about the illegal activities on their property.
The Consequences For Allowing Someone to Manufacture Drugs
Drug crimes are often charged as felonies. Because the people who are charged with this crime are not necessarily involved in the manufacturing process, this crime is only a level 1 misdemeanor. Defendants who are charged with this crime will face a maximum of 18 months in jail and up to $5,000 in fines.
Common Defense Strategies
Most defendants who are charged with this crime argue that they had no idea that drugs were being manufactured on their property. Remember, the burden of proof falls on the prosecution. This means it is not your responsibility to prove that you didn’t know about the criminal activity, but rather it is the prosecution’s responsibility to prove that you did. It is not unreasonable to think that a landlord or property owner is not aware of what their tenants are doing on the property, so this is usually an effective defense strategy.
Have you been accused of committing a drug crime? If so, contact Reisch Law Firm as soon as possible. A drug crime conviction can drastically change your life, which is why we will work tirelessly to keep this crime off of your record. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.