CO Code § 18-18-102 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 18 - Uniform Controlled Substances Act of 2013|Part 1 - Definitions|§ 18-18-102. Definitions

 As used in this article 18:    “Administer”, unless the context otherwise requires, means to apply a controlled substance, whether by injection, inhalation, ingestion, or any other means, directly to the body of a patient or research subject by:   A practitioner (or, in the practitioner's presence, by the practitioner's authorized agent); or    The patient or research subject at the direction and in the presence of the practitioner.       “Agent” means an authorized person who acts on behalf of or at the direction of a person licensed or otherwise authorized under this article or under part 2 of article 80 of title 27, C.R.S. “Agent” does not include a common or contract carrier, a public warehouseman, or an employee of a carrier or warehouseman.      “Anabolic steroid” means any material, drug, hormonal compound, salt, isomer or salts of isomers of testosterone, or synthetic or natural derivatives of testosterone having pronounced anabolic properties which is used primarily to promote growth of muscle tissue, which includes, but is not limited to, any of the following:   Boldenone;    Chlorotestosterone;    Clostebol;    Dehydrochlormethyltestosterone;    Dihydrotestosterone;    Drostanolone;    Ethylestrenol;    Fluoxymesterone;    Formebulone;    Human chorionic gonadotropin;    Human growth hormone;    Mesterolone;    Methandienone;    Methandranone;    Methandriol;    Methandrostenolone;    Methenolone;    Methyltestosterone;    Mibolerone;    Nandrolone;    Norethandrolone;    Oxandrolone;    Oxymesterone;    Oxymetholone;    Stanolone;    Stanozolol;    Testolactone;    Testosterone;    Trenbolone;    Any salt, ester, or isomer of a drug or substance described or listed in this paragraph (a) if that salt, ester, or isomer promotes muscle growth.         Except as provided in subsection (3)(b)(II) of this section, “anabolic steroid” does not include human chorionic gonadotropin licensed for animal use only that is expressly intended for administration through implants or injection into cattle or other nonhuman species and that has been approved by the secretary of health and human services for such administration. (b) (I) Except as provided in subsection (3)(b)(II) of this section, “anabolic steroid” does not include human chorionic gonadotropin licensed for animal use only that is expressly intended for administration through implants or injection into cattle or other nonhuman species and that has been approved by the secretary of health and human services for such administration.    If any person prescribes, dispenses, or distributes human chorionic gonadotropin licensed for animal use only, as described in subsection (3)(b)(I) of this section for human use, such person is considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of subsection (3)(a) of this section. (3.5)   “Cathinones” means any synthetic or natural material containing any quantity of a cathinone chemical structure, including any analogs, salts, isomers, or salts of isomers of any synthetic or natural material containing a cathinone chemical structure, including but not limited to the following substances and any analogs, salts, isomers, or salts of isomers of any of the following substances:   alpha-Phthalimidopropiophenone;    N, N-Dimethylcathinone (Metamfepramone);    N-Ethylcathinone (Ethcathinone);    alpha-Pyrrolidinopropiophenone (α-PPP);    2-Methylamino-1-phenylbutan-1-one (Buphedrone);    alpha-Pyrrolidinobutiophenone (α-PBP);    alpha-Pyrrolidinovalerophenone (α-PVP, PVP);    4-Methylmethcathinone (4-MMC, Mephedrone);    4'-Methyl-alpha-pyrrolidinopropiophenone (MePPP);    4'-Methyl-alpha-pyrrolidinobutiophenone (MPBP);    4'-Methyl-alpha-pyrrolidinohexiophenone (MPHP);    4-Methoxymethcathinone (PMMC, Methedrone, bk-PMMA);    4'-Methoxy-alpha-pyrrolidinopropiophenone (MOPPP);    Fluoromethcathinone (4-FMC, Flephedrone, 3-FMC);    3,4-Methylenedioxymethcathinone (methylone, bk-MDMA);    3,4-Methylenedioxyethcathinone (Ethylone, bk-MDEA);    3',4'-Methylenedioxy-alpha-pyrrolidinopropiophenone (MDPPP);    2-Methylamino-1-(3,4-methylenedioxyphenyl)-1-butanone (Butylone, bk-MDBD);    3',4'-Methylenedioxy-alpha-pyrrolidinobutiophenone (MDPBP);    2-Methylamino-1-(3,4-methylenedioxyphenyl)-1-cpentanone (bk-MBDP);    3,4-Methylenedioxypyrovalerone (MDPV);    Naphthylpyrovalerone (Naphyrone);    2-(Methylamino)-1-phenyl-1-pentanone Pentedrone);    N-methylethcathinone (4-MEC); and    (S)-2-Amino-1-phenyl-1-propanone (cathinone).       “Cathinones” does not include diethylproprion or buproprion.    As used in this subsection (3.5), “analog” means any chemical that is substantially similar in chemical structure to the chemical structure of any cathinones.             “Cocaine” means coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; cocaine, its salts, optical and geometric isomers, and salts of isomers; ecgonine, its derivatives, their salts, isomers, and salts of isomers; or any compound, mixture, or preparation which contains any quantity of any of the substances referred to in this subsection (4).    “Controlled substance” means a drug, substance, or immediate precursor included in schedules I through V of part 2 of this article, including cocaine, marijuana, marijuana concentrate, cathinones, any synthetic cannabinoid, and salvia divinorum.      “Controlled substance analog” means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance in or added to schedule I or II and:   Which has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in schedule I or II; or    With respect to a particular individual, which the individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in schedule I or II.       The term does not include:   A controlled substance;    A substance for which there is an approved drug application, so long as such substance is in its intended and unconverted form;    A substance with respect to which an exemption is in effect for investigational use by a particular person under section 505 of the “Federal Food, Drug, and Cosmetic Act”, 21 U.S.C. sec. 355, to the extent conduct with respect to the substance is pursuant to the exemption; or    Any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.          “Deliver” or “delivery”, unless the context otherwise requires, means to transfer or attempt to transfer a substance, actually or constructively, from one person to another, whether or not there is an agency relationship.    “Department” means the department of human services.    “Dispense” means to deliver a controlled substance to an ultimate user, patient, or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery.    “Dispenser” means a practitioner who dispenses.    “Distribute” means to deliver other than by administering or dispensing a controlled substance, with or without remuneration.    “Distributor” means a person who distributes.      “Drug” means:   Substances recognized as drugs in the official United States pharmacopoeia, national formulary, or the official homeopathic pharmacopoeia of the United States, or any supplement to any of them;    Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in individuals or animals;    Substances (other than food) intended to affect the structure or any function of the body of individuals or animals; and    Substances intended for use as a component of any substance specified in subparagraph (I), (II), or (III) of this paragraph (a).       The term does not include devices or their components, parts, or accessories.       “Drug enforcement administration” means the drug enforcement administration in the United States department of justice, or its successor agency. (14.5) “Enclosed” means a permanent or semi-permanent area covered and surrounded on all sides. Temporary opening of windows or doors or the temporary removal of wall or ceiling panels does not convert the area into an unenclosed space.    “Immediate precursor” means a substance which is a principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used, or likely to be used, in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture.    “Isomer” means an optical isomer, but in paragraph (e) of subsection (20) of this section and sections 18-18-203 (2)(a)(XII) and (2)(a)(XXXIV) and 18-18-204 (2)(a)(IV) the term includes a geometric isomer; in sections 18-18-203 (2)(a)(VIII) and (2)(a)(XLII) and 18-18-206 (2)(c) the term includes a positional isomer; and in sections 18-18-206 (2)(b)(XXXV) and (2)(c) and 18-18-205 (2)(a) the term includes any positional or geometric isomer. (16.5) “Locked space” means secured at all points of ingress or egress with a locking mechanism designed to limit access such as with a key or combination lock.    “Manufacture” means to produce, prepare, propagate, compound, convert, or process a controlled substance, directly or indirectly, by extraction from substances of natural origin, chemical synthesis, or a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. The term does not include the preparation, compounding, packaging, repackaging, labeling, or relabeling of a controlled substance:   By a practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of the practitioner's professional practice; or    By a practitioner, or by the practitioner's authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.         “Marijuana” means all parts of the plant cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin. It does not include fiber produced from the stalks, oil, or cake made from the seeds of the plant, or sterilized seed of the plant which is incapable of germination if these items exist apart from any other item defined as “marijuana” in this subsection (18). “Marijuana” does not include marijuana concentrate as defined in subsection (19) of this section or prescription drug products approved by the federal food and drug administration and dispensed by a pharmacy or prescription drug outlet registered by the state of Colorado.    Nothing in this subsection (18) or any other provision of law shall restrict or otherwise affect regulation of or access to:   Marijuana that is authorized under sections 14 and 16 of article XVIII of the Colorado constitution and articles 11 and 12 of title 44; or    Industrial hemp and derivatives therefrom, as authorized by section 16 of article XVIII of the Colorado constitution and article 61 of title 35.       House Bill 18-1295, enacted in 2018, does not allow an entity with federal drug administration approval or its agent to initiate criminal, civil, or administrative proceedings to prevent the nonpharmaceutical production, sale, or distribution of naturally occurring cannabinoid or cannabinoid extracts or restrict the nonpharmaceutical production, sale, or distribution of naturally occurring cannabinoid or cannabinoid extracts.       “Marijuana concentrate” means hashish, tetrahydrocannabinols, or any alkaloid, salt, derivative, preparation, compound, or mixture, whether natural or synthesized, of tetrahydrocannabinols.    “Narcotic drug” means any of the following, however manufactured:   Opium, opium derivative, and any derivative of either including any salts, isomers, and salts of isomers of them that are theoretically possible within the specific chemical designation, but not isoquinoline alkaloids of opium;    Synthetic opiate and any derivative of synthetic opiate, including any isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, of them that are theoretically possible within the specific chemical designation;    Poppy straw and concentrate of poppy straw;    Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;    Cocaine, or any salt, isomer, or salt of isomer of cocaine;    Cocaine base;    Ecgonine, or any derivative, salt, isomer, or salt of isomer of ecgonine;    Any compound, mixture, or preparation containing any quantity of a substance listed in this subsection (20). (20.3)   “Open” or “openly” means observable by the public or a substantial number of the public.    “Public” or “publicly” means a place to which the public or a substantial number of the public has access without restriction, including but not limited to streets and highways, transportation facilities, places of amusement, parks, playgrounds, and the common areas of buildings and other facilities.    “Open and public” or “openly and publicly” does not include any activity occurring on private residential property by the occupant or his or her guests.          “Opiate” means a substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. The term includes opium, opium derivatives, and synthetic opiates. The term does not include, unless specifically scheduled as a controlled substance under section 18-18-201, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). The term includes the racemic and levorotatory forms of dextromethorphan.    “Opium poppy” means the plant of the species Papaver somniferum L., except its seeds.    “Order” means:   A prescription order which is any order, other than a chart order, authorizing the dispensing of drugs or devices that is written, mechanically produced, computer generated, transmitted electronically or by facsimile, or produced by other means of communication by a practitioner and that includes the name or identification of the patient, the date, the symptom or purpose for which the drug is being prescribed, if included by the practitioner at the patient's authorization, and sufficient information for compounding, dispensing, and labeling; or    A chart order which is an order for inpatient drugs or medications to be dispensed by a pharmacist, or pharmacy intern under the direct supervision of a pharmacist, which is to be administered by an authorized person only during the patient's stay in a hospital facility. It shall contain the name of the patient and of the medicine ordered and such directions as the practitioner may prescribe concerning strength, dosage, frequency, and route of administration.       “Peace officer” shall have the same meaning as set forth in section 16-2.5-101, C.R.S.    “Person” means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government or governmental subdivision or agency, or any other legal or commercial entity.    “Peyote” means all parts of the plant presently classified botanically as lophophora williamsii lemaire, whether growing or not, the seeds thereof, any extraction from any part of such plant, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds or extracts.    “Pharmacy” means a prescription drug outlet as defined in section 12-280-103 (43).    “Poppy straw” means all parts, except the seeds, of the opium poppy, after mowing.    “Practitioner” means a physician, podiatrist, dentist, optometrist, veterinarian, researcher, pharmacist, pharmacy, hospital, or other person licensed, registered, or otherwise permitted, by this state, to distribute, dispense, conduct research with respect to, administer, or to use in teaching or chemical analysis, a controlled substance in the course of professional practice or research.    “Production”, unless the context otherwise requires, includes the manufacturing of a controlled substance and the planting, cultivating, growing, or harvesting of a plant from which a controlled substance is derived.    “Remuneration” means anything of value, including money, real property, tangible and intangible personal property, contract rights, choses in action, services, and any rights of use or employment or promises or agreements connected therewith.    “Researcher” means any person licensed by the department pursuant to this article to experiment with, study, or test any controlled substance within this state and includes analytical laboratories.    “Sale” means a barter, an exchange, or a gift, or an offer therefor, and each such transaction made by any person, whether as the principal, proprietor, agent, servant, or employee. (33.5) “Salvia divinorum” means salvia divinorum, salvinorin A, and any part of the plant classified as salvia divinorum, whether growing or not, including the seeds thereof, any extract from any part of the plant, and any compound, manufacture, salts, derivative, mixture, or preparation of the plant, its seeds, or its extracts.    “State”, unless the context otherwise requires, means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States. (34.5)   “Synthetic cannabinoid” means any chemical compound that is chemically synthesized and either:   Has been demonstrated to have binding activity at one or more cannabinoid receptors; or    Is a chemical analog or isomer of a compound that has been demonstrated to have binding activity at one or more cannabinoid receptors.       “Synthetic cannabinoid” includes but is not limited to the following substances:   HU-210: (6aR, 10aR)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol;    HU-211: dexanabinol, (6aS, 10aS)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2- methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo[c]chromen-1-ol;    JWH-018: 1-pentyl-3-(1-naphthoyl)indole;    JWH-073: 1-butyl-3-(1-naphthoyl)indole;    JWH-081: 1-pentyl-3-(4-methoxy-1-napthoyl)indole, also known as 4- methoxynapthalen-1-yl-(1-pentylindol-3-yl)methanone;    JWH-200: 1-[2-(4-morpholinyl)ethyl]-3-(1-napthoyl)indole;    JWH-250: 1-pentyl-3-(2-methoxyphenylacetyl)indole, also known as 2-(2- methoxyphenyl)-1-(1- pentylindol-3-yl)ethanone; and    CP 47, 497, and homologues: 2-[(1R, 3S)-3-hydroxycyclohexyl]-5-(2- methyloctan-2-yl)phenol.       “Synthetic cannabinoid” does not mean:   Any tetrahydrocannabinols, as defined in subsection (35) of this section; or    Nabilone.       As used in this subsection (34.5), “analog” means any chemical that is substantially similar in chemical structure to a chemical compound that has been determined to have binding activity at one or more cannabinoid receptors.         “Tetrahydrocannabinols” means synthetic equivalents of the substances contained in the plant, or in the resinous extractives of, cannabis, sp., or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity, such as the following:   1Cis or trans tetrahydrocannabinol, and their optical isomers;    6Cis or trans tetrahydrocannabinol, and their optical isomers;    3,4Cis or trans tetrahydrocannabinol, and their optical isomers.       Since the nomenclature of the substances listed in paragraph (a) of this subsection (35) is not internationally standardized, compounds of these structures, regardless of the numerical designation of atomic positions, are included in this definition.       “Ultimate user” means an individual who lawfully possesses a controlled substance for the individual's own use or for the use of a member of the individual's household or for administering to an animal owned by the individual or by a member of the individual's household.     History. Source: L. 92: Entire article R&RE, p. 324, § 1, effective July 1. L. 93: (16) amended, p. 1776, § 39, effective June 6. L. 94: (8) amended, p. 2736, § 361, effective July 1. L. 96: (23)(a) amended, p. 1426, § 15, effective July 1. L. 2002: (8) amended, p. 664, § 5, effective May 28. L. 2003: (23)(a) amended, p. 764, § 3, effective March 25; (24) amended, p. 1616, § 16, effective August 6. L. 2010: (5), (18), and (19) amended,(HB 10-1352), ch. 259, p. 1173, § 18, effective August 11. L. 2011: (5) amended and (33.5) and (34.5) added,(SB 11-134), ch. 261, p. 1138, § 1, effective July 1. L. 2012: (3.5) added and (5) amended,(HB 12-1310), ch. 268, p. 1404, § 29, effective June 7; (2) and (27) amended,(HB 12-1311), ch. 281, p. 1621, § 51, effective July 1. L. 2013: (34.5)(b)(VII) amended,(HB 13-1300), ch. 316, p. 1677, § 40, effective August 7. L. 2014: (14.5) and (16.5) added,(HB 14-1122), ch. 39, p. 201, § 4, effective March 17; (3.5)(a)(IX), (3.5)(a)(XXIII), (3.5)(a)(XXIV), and (5) amended and (3.5)(a)(XXV) added,(SB 14-163), ch. 391, p. 1975, § 16, effective July 1. L. 2017: (3)(b) amended,(SB 17-030), ch. 48, p. 151, § 1, effective August 9. L. 2018: IP and (18) amended,(HB 18-1187), ch. 367, p. 2211, § 2, effective August 8; IP and (18) amended,(HB 18-1295), ch. 341, p. 2033, § 3, effective August 8. L. 2019: (20.3) added,(SB 19-224), ch. 315, p. 2824, § 4, effective August 2; (27) amended,(HB 19-1172), ch. 136, p. 1678, § 102, effective October 1.    Editor's note:    This section is similar to former §§ 12-22-102 and 12-22-303 as they existed prior to 1992.    Amendments to subsection (18) by HB 18-1187 and HB 18-1295 were harmonized.     Cross references:   For the legislative declaration in HB 18-1187, see section 1 of chapter 367, Session Laws of Colorado 2018.   ANNOTATION   Crime of simple possession is lesser included offense of the crime of possession with the intent to distribute. People v. Gilmore, 97 P.3d 123 (Colo. App. 2003).   The definition of “controlled substance analog” as applied to pseudoephedrine is not unconstitutionally vague. People v. Frantz, 114 P.3d 34 (Colo. App. 2004).   The definition of “cocaine” in subsection (4), by its plain language, includes a mixture that includes any amount of cocaine. Therefore, the amount of cocaine involved in a transaction is determined by the total amount of the mixture containing the cocaine, not just the amount of cocaine in the mixture. People v. Esquivel-Alaniz, 985 P.2d 22 (Colo. App. 1999).   It is evident that one who “manufactures” a controlled substance also possesses the substance in the course of manufacturing it. Patton v. People, 35 P.3d 124 (Colo. 2001).