In Colorado, a conviction for any type of drug sale or distribution of a controlled substance is considered to be an extraordinary risk crime, and therefore subject to a greater sentencing range for that class of felony.  For example, a conviction for distribution of cocaine could land one in prison from between four and sixteen years in Colorado for a first offense, which is an enhanced sentence range for a class three felony.

However, on September 14th, the Colorado Supreme Court, in People v. Valenzuela, Jr., No. 08SC418, held that Conspiracy to Distribute a Controlled Substance, CRS § 18-18-405(1)(a),  is not an extraordinary risk crime subject to the enhanced sentencing ranges as distribution, sale, possession with intent, or manufacturing are.

In Valenzuela, the defendant was sentenced to 32 years for his conviction for conspiracy to distribute a schedule II controlled substance based on his parole status at the time of the offense. This sentence was the most he could have received under the extraordinary risk sentencing range for a class three felony. Upon appeal, the Court held that the enhanced sentencing provisions of CRS 18-1.3-401 (10)(b) did not apply to the sentence for a conspiracy to distribute a schedule II controlled substance conviction.  The defendant’s case was then sent back to the trial court for further proceedings.