Found Drugs or Paraphernalia in an Evicted Denver Unit — The Legal Breakdown

CRS 18-18-426 · 4 Threat Levels · Documented Protocol

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.

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Drug-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.

L1
Level 1 — Marijuana Paraphernalia
Legal in Colorado · Standard Disposal

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.

L2
Level 2 — Hard Drug Paraphernalia
Biohazard Protocol · Additional Cost

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.

L3
Level 3 — Active Operation Evidence
STOP Work · Law Enforcement · Potential Crime Scene

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:

1.STOP all work. This is not paraphernalia — this is evidence of drug distribution or manufacturing.
2.Do not touch or move anything. These items may be evidence in an ongoing investigation.
3.Contact law enforcement. On-site deputy or 911 if no sheriff present.
4.Cleanout pauses until detectives clear the property. Could be hours or days.

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.

L4
Level 4 — Actual Drugs Discovered
NEVER Touch · Law Enforcement ONLY

Items: Any substance that appears to be methamphetamine, cocaine, heroin, fentanyl, pills not in pharmacy packaging, or any unidentified powder, crystal, or liquid.

Protocol:

1.Never touch. Never move. Fentanyl exposure through skin contact is a real risk.
2.Evacuate the crew from the unit immediately.
3.Call 911. This is not a non-emergency call.
4.Law enforcement handles all testing, collection, and disposal.
5.Cleanout resumes only after law enforcement clears the property.

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

Studio / 1BR
$495–$895
2-3 Bedroom
$895–$1,500
Full House
$1,500–$2,500

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?
No. Under CRS 18-18-428, possession of drug paraphernalia is a petty offense ($100 fine), and finding it is not the same as possessing it. Discovering controlled substances left behind by a tenant does not create criminal liability for the landlord — as long as you report it to law enforcement and do not attempt to dispose of it yourself. Document the discovery and let law enforcement handle it.
What does JSD do when needles are found during eviction cleanout?
Needles and syringes are biohazardous sharps. They cannot go in our truck or a dumpster. We stop work in the affected area, document the location and quantity on video, and refer to our biohazard partner Bio-One Denver at (303) 946-8834 for proper sharps disposal. Our cleanout proceeds in unaffected areas while Bio-One handles the sharps removal.
Can JSD dispose of marijuana pipes and paraphernalia?
Yes. Marijuana is legal in Colorado. Pipes, grinders, bongs, rolling papers, empty THC containers, and vape cartridges are treated as personal property and disposed of as regular trash during the cleanout. We photograph everything for your documentation package before disposal.
What if we find evidence of a drug operation (scales, baggies, cutting equipment)?
This is Level 3 — we stop all work immediately and contact law enforcement. Scales, large quantities of small baggies, cutting equipment, and bulk chemicals suggest drug distribution or manufacturing. The unit may become a crime scene. Our crew evacuates and does not re-enter until detectives clear the property. This protects the landlord from accusations of evidence tampering.
Does finding drugs or paraphernalia increase the cleanout cost?
Level 1 (marijuana paraphernalia): no additional cost. Level 2 (needles/sharps): Bio-One provides a separate quote for biohazard sharps disposal — this is an additional cost beyond our cleanout. Levels 3-4 (operation evidence or actual drugs): the cleanout may pause while law enforcement investigates, but we do not charge for the wait. A return visit, if needed, is discussed with the property manager before scheduling.
How does JSD document drug-related discoveries?
Timestamped video and photos of all drug-related items as found — location in the unit, type, quantity, and surrounding context. For Levels 3-4, we document our crew stopping work and the law enforcement handoff. For Level 2, we document the biohazard referral. All documentation is included in your PDF package at no extra cost.
Should I test for meth contamination after finding drug paraphernalia?
If you find meth pipes, residue, or any evidence of methamphetamine use, yes — test before re-renting. Colorado does not have a statewide meth contamination standard for rental properties, but many counties require remediation above certain levels. Bio-One Denver at (303) 946-8834 can do contamination testing. If the unit tests positive, it must be remediated by a licensed company before our cleanout can proceed. See our biohazard protocol page for details.
What if prescription medications are found during eviction?
Prescription medications in original pharmacy bottles with the tenant's name are personal property — treated the same as any abandoned personal property under CRS 38-12-126. We photograph them for documentation, then dispose of them after the statutory waiting period. If medications are loose, not in original packaging, or in large quantities, we treat them as Level 4 and contact law enforcement.

Drug Evidence in the Unit? We Know the Protocol.

4-level response system. Biohazard partner on-call. Full documentation for your records.

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