Found Drugs or Drug Paraphernalia in an Evicted Denver Unit — The Colorado Law Breakdown
Four threat levels. Four different protocols. From legal marijuana paraphernalia to active drug operations — here is exactly how we handle each one.
Call (303) 324-6014Drug-related items found during Denver eviction cleanouts fall into 4 levels: marijuana paraphernalia (legal — dispose as trash), hard drug paraphernalia like needles (biohazard protocol — refer to Bio-One Denver), active operation evidence like scales and baggies (stop work — law enforcement), and actual drugs (never touch — law enforcement only). Colorado law CRS 18-18-428 means landlords have no criminal exposure for simply finding drugs. Everything is documented on timestamped video. Call (303) 324-6014 for eviction cleanout coordination.
Colorado Law: What Landlords Need to Know
Two statutes govern drug-related items found during eviction cleanouts:
- CRS 18-18-426 — Defines drug paraphernalia in Colorado. Includes pipes, syringes, scales, baggies, cutting equipment, and any item used or intended for use in manufacturing, processing, or consuming controlled substances.
- CRS 18-18-428 — Possession of drug paraphernalia is a petty offense in Colorado, punishable by a $100 fine. A landlord who discovers drug paraphernalia during an eviction cleanout has zero criminal exposure — finding it is not possessing it. Document it, follow the correct disposal protocol, and move on.
The critical distinction: paraphernalia is a petty offense. Actual drugs are a criminal matter. Our crew is trained to identify the difference and escalate accordingly.
4 Levels — 4 Protocols
Not all drug-related discoveries are equal. Each level triggers a different response from our crew.
Items: Pipes, grinders, bongs, rolling papers, empty THC containers, vape cartridges, edible packaging.
Protocol: Marijuana is legal in Colorado. These items are personal property. Photograph for documentation, then dispose as regular trash during the cleanout. No law enforcement involvement needed. No additional cost.
Why it matters for landlords: If the tenant later claims you destroyed valuable glass pieces or collectible items, your timestamped photos prove what was found and its condition. Documentation protects you.
Items: Needles, syringes, spoons with residue, cut straws, glass pipes with meth residue, tourniquets, tin foil with burn marks.
Protocol: Needles and syringes are biohazardous sharps. They cannot go in our truck. They cannot go in a dumpster. They require proper sharps disposal by a licensed biohazard company.
Our biohazard referral partner:
Bio-One Denver — (303) 946-8834
Owners: Gregg and Cheryl Chiasson
Licensed sharps disposal, biohazard remediation, contamination testing
Cost impact: Biohazard sharps disposal is an additional cost beyond the standard eviction cleanout. Bio-One provides their own quote. Our cleanout proceeds in areas without biohazard contamination while they handle sharps removal.
Items: Digital scales, large quantities of small baggies, cutting equipment, baking soda or powders in bulk, chemical supplies, large amounts of cash, multiple cell phones, ledgers or notebooks with names and amounts.
Protocol:
Landlords are not criminally liable for what a tenant leaves behind. But disturbing evidence of an active operation before law enforcement documents it could compromise a prosecution — and that creates civil liability.
Items: Any substance that appears to be methamphetamine, cocaine, heroin, fentanyl, pills not in pharmacy packaging, or any unidentified powder, crystal, or liquid.
Protocol:
Landlord protection: CRS 18-18-428 — finding drugs in your property is not possession. You have zero criminal exposure for discovering controlled substances left behind by a tenant. But you must report it and not dispose of it yourself.
Eviction Cleanout Pricing
Sheriff-present service: $150/person, 2-hour minimum, deposit required.
Level 2 (biohazard sharps) adds cost via Bio-One. Levels 3-4 may pause the cleanout but do not add JSD charges unless a return visit is required. Full eviction cleanout pricing breakdown here.
Drugs During Eviction FAQ
Is the landlord criminally liable for finding drugs in an evicted unit?
What does JSD do when needles are found during eviction cleanout?
Can JSD dispose of marijuana pipes and paraphernalia?
What if we find evidence of a drug operation (scales, baggies, cutting equipment)?
Does finding drugs or paraphernalia increase the cleanout cost?
How does JSD document drug-related discoveries?
Should I test for meth contamination after finding drug paraphernalia?
What if prescription medications are found during eviction?
Drug Evidence in the Unit? We Know the Protocol.
4-level response system. Biohazard partner on-call. Full documentation for your records.
Call (303) 324-6014 See All PricingLicensed • Insured • Biohazard Partner On-Call • Denver Metro-Wide
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