reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 17 - COLORADO ORGANIZED CRIME CONTROL ACT (§§ 18-17-101 — 18-17-109) › Section 18-17-101 - Short title

This article shall be known and may be cited as the "Colorado Organized Crime Control Act".
L. 81: Entire article added, p. 1015, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 17 - COLORADO ORGANIZED CRIME CONTROL ACT (§§ 18-17-101 — 18-17-109) › Section 18-17-102 - Legislative declaration

The general assembly hereby finds that organized crime in the state of Colorado, as well as nationwide, is a highly sophisticated, diversified, and widespread activity that annually consumes millions of dollars locally and billions of dollars nationally from this state's and the nation's economy through unlawful conduct and the illegal use of force, fraud, and corruption. Organized crime derives a major portion of its power through money procured from such illegal endeavors as syndicated and organized gambling, loan-sharking, the theft of property and fencing of stolen property, the illegal importation, manufacture, and distribution of drugs and other controlled substances, and other forms of social exploitation. This money and power are increasingly being used to infiltrate and corrupt legitimate business and labor organizations and to subvert and corrupt our democratic processes. Organized crime activities within this state weaken the stability of this state's and the nation's economy, harm innocent investors and competing organizations, impede free competition, threaten the peace and health of the public, endanger the domestic security, and undermine the general welfare of the state and its citizens. The general assembly further finds that organized crime continues to grow and flourish because of defects in the evidence-gathering process of the law which inhibits the development and use of the legally admissible evidence necessary to bring criminal and other sanctions or remedies to bear on the unlawful activities of those engaged in organized crime and because the sanctions and remedies presently available to the state are unnecessarily limited in scope and impact. Therefore, the general assembly declares that it is the purpose of this article to seek the eradication of organized crime in this state by strengthening the legal tools in the evidence-gathering process, by establishing new penal prohibitions, and by providing enhanced sanctions and new remedies to deal with the unlawful activities of those engaged in organized crime.
L. 81: Entire article added, p. 1015, § 1, effective July 1; entire section amended, p. 2032, § 47, effective July 14.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 17 - COLORADO ORGANIZED CRIME CONTROL ACT (§§ 18-17-101 — 18-17-109) › Section 18-17-104 - Prohibited activities

(1)
(a)
It is unlawful for any person who knowingly has received any proceeds derived, directly or indirectly, from a pattern of racketeering activity or through the collection of an unlawful debt to use or invest, whether directly or indirectly, any part of such proceeds or the proceeds derived from the investment or use thereof in the acquisition of any title to, or any right, interest, or equity in, real property or in the establishment or operation of any enterprise.
(b)
A purchase of securities on the open market for purposes of investment, and without the intention of controlling or participating in the control of the issuer, or of assisting another to do so, shall not be unlawful under this subsection (1) if the securities of the issuer held by the purchaser, the members of his immediate family, and his or their accomplices in any pattern of racketeering activity or the collection of an unlawful debt after such purchase do not amount in the aggregate to one percent of the outstanding securities of any one class and do not confer, either in law or in fact, the power to elect one or more directors of the issuer.
(2)
It is unlawful for any person, through a pattern of racketeering activity or through the collection of an unlawful debt, to knowingly acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real property.
(3)
It is unlawful for any person employed by, or associated with, any enterprise to knowingly conduct or participate, directly or indirectly, in such enterprise through a pattern of racketeering activity or the collection of an unlawful debt.
(4)
It is unlawful for any person to conspire or endeavor to violate any of the provisions of subsection (1), (2), or (3) of this section.
L. 81: Entire article added, p. 1018, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 17 - COLORADO ORGANIZED CRIME CONTROL ACT (§§ 18-17-101 — 18-17-109) › Section 18-17-108 - Construction of article

To effectuate the intent and purpose of this article, the provisions of this article shall be liberally construed.
L. 81: Entire article added, p. 1025, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 17 - COLORADO ORGANIZED CRIME CONTROL ACT (§§ 18-17-101 — 18-17-109) › Section 18-17-109 - Severability

If any provision of this article or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions of this article which may be given effect without the invalid provision or application, and, to this end, the provisions of this article are declared to be severable.
L. 81: Entire article added, p. 1025, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 18 - UNIFORM CONTROLLED SUBSTANCES ACT OF 2013 (§§ 18-18-101 — 18-18-607) › Part 1 - DEFINITIONS (§§ 18-18-101 — 18-18-103) › Section 18-18-101 - Short title

This article shall be known and may be cited as the "Uniform Controlled Substances Act of 2013".
Amended by 2013 Ch. 333,§ 6, eff. 10/1/2013.
L. 92: Entire article R&RE, p. 324, § 1, effective July 1. L. 2013: Entire section amended, (SB 13-250), ch. 333, p. 1907, § 6, effective October 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 18 - UNIFORM CONTROLLED SUBSTANCES ACT OF 2013 (§§ 18-18-101 — 18-18-607) › Part 1 - DEFINITIONS (§§ 18-18-101 — 18-18-103) › Section 18-18-103 - Special definition - board

As used in parts 1 and 2 of this article 18, "board" means the state board of pharmacy. As used in parts 3, 4, 5, and 6 of this article 18, "board" means the respective licensing board responsible for licensing and registering practitioners or other persons who are subject to registration pursuant to part 3 of this article 18. For physicians the respective board is the Colorado medical board; for podiatrists the respective board is the Colorado podiatry board; for dentists the respective board is the Colorado dental board; for optometrists the respective board is the state board of optometry; for pharmacists and pharmacies the respective board is the state board of pharmacy; for veterinarians the respective board is the state board of veterinary medicine; and for manufacturers, distributors, and animal shelters, as defined in section
35-80-102
, the respective board is the state board of pharmacy.
Amended by 2022 Ch. 442,§27, eff. 8/10/2022.
Amended by 2014 Ch. 363,§44, eff. 7/1/2014.
L. 92: Entire article R&RE, p. 332, § 1, effective July 1. L. 2010: Entire section amended, (HB 10-1260), ch. 403, p. 1987, §78, effective July 1. L. 2011: Entire section amended, (SB 11-094), ch. 129, p. 451, §30, effective April 22. L. 2014: Entire section amended, (HB 14-1227), ch. 363, p. 1737, § 44, effective July 1.
2022 Ch. 442, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 18 - UNIFORM CONTROLLED SUBSTANCES ACT OF 2013 (§§ 18-18-101 — 18-18-607) › Part 2 - STANDARDS AND SCHEDULES (§§ 18-18-201 — 18-18-207) › Section 18-18-201 - Authority to control

The board shall administer this part 2 and the general assembly, by bill, may add substances to or delete or reschedule substances listed in section
18-18-203
,
18-18-204
,
18-18-205
,
18-18-206
, or
18-18-207
.
L. 92: Entire article R&RE, p. 332, § 1, effective July 1.
This section is similar to former § 12-22-103 as it existed prior to 1992.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 18 - UNIFORM CONTROLLED SUBSTANCES ACT OF 2013 (§§ 18-18-101 — 18-18-607) › Part 2 - STANDARDS AND SCHEDULES (§§ 18-18-201 — 18-18-207) › Section 18-18-202 - Nomenclature

The controlled substances listed in or to be added to the schedules in sections
18-18-203
,
18-18-204
,
18-18-205
,
18-18-206
, and
18-18-207
are listed or added by any official, common, usual, chemical, or trade name used.
L. 92: Entire article R&RE, p. 332, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 18 - UNIFORM CONTROLLED SUBSTANCES ACT OF 2013 (§§ 18-18-101 — 18-18-607) › Part 2 - STANDARDS AND SCHEDULES (§§ 18-18-201 — 18-18-207) › Section 18-18-207 - Schedule V

(1)
A substance shall be added to schedule V by the general assembly when:
(a)
The substance has a low potential for abuse relative to substances included in schedule IV;
(b)
The substance has currently accepted medical use in treatment in the United States; and
(c)
The abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances included in schedule IV.
(2)
Unless specifically excepted by Colorado or federal law or Colorado or federal regulation or more specifically included in another schedule, the following controlled substances are listed in schedule V:
(a)
Any material, compound, mixture, or preparation containing any of the following narcotic drug and its salts: Buprenorphine;
(b)
Any compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth in this paragraph (b), which also contains one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:
(I)
Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;
(II)
Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;
(III)
Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;
(IV)
Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;
(V)
Not more than 100 milligrams of opium per 100 milliliters or per 100 grams;
(VI)
Not more than 0.5 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit;
(c)
Any material, compound, mixture, or preparation containing any quantity of the following substances having a stimulant effect on the central nervous system, including their salts, isomers, and salts of isomers: Pyrovalerone.
L. 92: Entire article R&RE, p. 347, § 1, effective July 1.
This section is similar to former § 12-22-313 as it existed prior to 1992.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 18 - UNIFORM CONTROLLED SUBSTANCES ACT OF 2013 (§§ 18-18-101 — 18-18-607) › Part 3 - REGULATION OF MANUFACTURE, DISTRIBUTION, AND DISPENSING OF CONTROLLED SUBSTANCES (§§ 18-18-301 — 18-18-309) › Section 18-18-301 - Rules

The board or the BHA may adopt rules and charge reasonable fees relating to the registration and control of the manufacture, distribution, and dispensing of controlled substances within this state.
Amended by 2022 Ch. 222,§32, eff. 7/1/2022.
L. 92: Entire article R&RE, p. 348, § 1, effective July 1.
This section is similar to former § 12-22-108 as it existed prior to 1992.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 18 - UNIFORM CONTROLLED SUBSTANCES ACT OF 2013 (§§ 18-18-101 — 18-18-607) › Part 3 - REGULATION OF MANUFACTURE, DISTRIBUTION, AND DISPENSING OF CONTROLLED SUBSTANCES (§§ 18-18-301 — 18-18-309) › Section 18-18-305 - Order to show cause

(1)
Before denying, suspending, or revoking a registration, or refusing a renewal of registration, the board or BHA shall serve upon the applicant or registrant an order to show cause why registration should not be denied, revoked, or suspended, or the renewal refused. The order must state its grounds and direct the applicant or registrant to appear before the board or BHA at a specified time and place not less than thirty days after the date of service of the order. In case of a refusal to renew a registration, the order must be served not later than thirty days before the expiration of the registration. These proceedings must be conducted in accordance with section
24-4-105
. The proceedings do not preclude any criminal prosecution or other proceeding. A proceeding to refuse to renew a registration does not affect the existing registration, which remains in effect until completion of the proceeding.
(2)
The board or BHA may suspend, without an order to show cause, any registration simultaneously with the institution of proceedings under section
18-18-304
, or where renewal of registration is refused, upon finding that there is an imminent danger to the public health or safety that warrants this action. The suspension continues in effect until the conclusion of the proceedings, including judicial review thereof, unless sooner withdrawn by the board or BHA or dissolved by a court of competent jurisdiction.
Amended by 2022 Ch. 222,§36, eff. 7/1/2022.
L. 92: Entire article R&RE, p. 352, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 18 - UNIFORM CONTROLLED SUBSTANCES ACT OF 2013 (§§ 18-18-101 — 18-18-607) › Part 3 - REGULATION OF MANUFACTURE, DISTRIBUTION, AND DISPENSING OF CONTROLLED SUBSTANCES (§§ 18-18-301 — 18-18-309) › Section 18-18-306 - Records of registrants

Persons registered to manufacture, distribute, or dispense controlled substances under this part 3 shall keep records and maintain inventories in conformance with the record keeping and inventory requirements of federal law and with any additional rules adopted by the board or BHA.
Amended by 2022 Ch. 222,§37, eff. 7/1/2022.
L. 92: Entire article R&RE, p. 353, § 1, effective July 1.
This section is similar to former § 12-22-318 as it existed prior to 1992.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 18 - UNIFORM CONTROLLED SUBSTANCES ACT OF 2013 (§§ 18-18-101 — 18-18-607) › Part 3 - REGULATION OF MANUFACTURE, DISTRIBUTION, AND DISPENSING OF CONTROLLED SUBSTANCES (§§ 18-18-301 — 18-18-309) › Section 18-18-307 - Order forms

A substance included in schedule I or II may be distributed by a registrant to another registrant only pursuant to an order form. Compliance with the provisions of federal law respecting order forms constitutes compliance with this section.
L. 92: Entire article R&RE, p. 353, § 1, effective July 1.
This section is similar to former § 12-22-318 as it existed prior to 1992.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 18 - UNIFORM CONTROLLED SUBSTANCES ACT OF 2013 (§§ 18-18-101 — 18-18-607) › Part 3 - REGULATION OF MANUFACTURE, DISTRIBUTION, AND DISPENSING OF CONTROLLED SUBSTANCES (§§ 18-18-301 — 18-18-309) › Section 18-18-308 - Prescriptions

(1)
As used in this section, "medical treatment" includes dispensing or administering a narcotic drug for pain, including intractable pain.
(2)
Except as provided in section
18-18-414
, a person may dispense a controlled substance only as provided in this section.
(3)
(a)
Except as provided in paragraph (b) of this subsection (3), a person shall not dispense a substance included in schedule II to an ultimate user of the substance without:
(I)
The written prescription of a practitioner; or
(II)
An electronic prescription drug order for a schedule II substance that is created and transmitted in accordance with
21 CFR 1311
.
(b)
A practitioner, other than a pharmacy, may dispense a schedule II substance directly to the ultimate user without a written prescription.
(4)
(a)
Except as provided in paragraph (b) of this subsection (4), a person shall not dispense a substance included in schedule III, IV, or V to an ultimate user of the substance without:
(I)
A written or oral prescription order of a practitioner; or
(II)
An electronic prescription drug order for a schedule III, IV, or V substance that is created and transmitted in accordance with
21 CFR 1311
.
(b)
A practitioner, other than a pharmacy, may dispense a schedule III, IV, or V substance directly to the ultimate user without a written prescription.
(c)
A prescription order for a schedule III, IV, or V substance must not be filled or refilled more than six months after the date of the order or be refilled more than five times.
(5)
A practitioner may dispense or deliver a controlled substance to or for an individual or animal only for medical treatment or authorized research in the ordinary course of that practitioner's profession.
(6)
No civil or criminal liability or administrative sanction may be imposed on a pharmacist for action taken in reliance on a reasonable belief that an order purporting to be a prescription was issued by a practitioner in the usual course of professional treatment or in authorized research.
L. 92: Entire article R&RE, p. 353, § 1, effective July 1. L. 96: (4) amended, p. 1427, § 17, effective July 1. L. 98: (2) amended, p. 430, § 2, effective July 1. L. 2012: (3) and (4) amended, (SB 12-037), ch. 40, p. 139, § 1, effective March 22.
This section is similar to former § 12-22-122 as it existed prior to 1992.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 18 - UNIFORM CONTROLLED SUBSTANCES ACT OF 2013 (§§ 18-18-101 — 18-18-607) › Part 3 - REGULATION OF MANUFACTURE, DISTRIBUTION, AND DISPENSING OF CONTROLLED SUBSTANCES (§§ 18-18-301 — 18-18-309) › Section 18-18-309 - Diversion prevention and control

(1)
As used in this section, "diversion" means the transfer of any controlled substance from a licit to an illicit channel of distribution or use.
(2)
The BHA shall regularly prepare and make available to other state regulatory, licensing, and law enforcement agencies a report on the patterns and trends of actual distribution, diversion, and abuse of controlled substances.
(3)
The BHA shall enter into written agreements with local, state, and federal agencies for the purpose of improving identification of sources of diversion and to improve enforcement of and compliance with this article 18 and other laws and rules pertaining to unlawful conduct involving controlled substances. An agreement must specify the roles and responsibilities of each agency that has information or authority to identify, prevent, and control drug diversion and drug abuse. The BHA shall convene periodic meetings to coordinate a state diversion prevention and control program. The BHA shall arrange for cooperation and exchange of information among agencies and with neighboring states and the federal government.
(4)
Repealed.
Amended by 2022 Ch. 222,§38, eff. 7/1/2022.
Amended by 2017 Ch. 154,§2, eff. 8/9/2017.
L. 92: Entire article R&RE, p. 353, § 1, effective July 1. L. 2017: (4) repealed, (SB 17-234), ch. 154, p. 520, § 2, effective August 9.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 18 - UNIFORM CONTROLLED SUBSTANCES ACT OF 2013 (§§ 18-18-101 — 18-18-607) › Part 4 - OFFENSES AND PENALTIES (§§ 18-18-401 — 18-18-434) › Section 18-18-401 - [Effective Until 8/7/2024] Legislative declaration

(1)
The general assembly finds, determines, and declares that:
(a)
The regulation of controlled substances in this state is important and necessary for the preservation of public safety and public health;
(b)
Meeting the public safety and public health needs of our communities demands a collaborative effort involving primary health-care, behavioral health, criminal justice, and social service systems;
(c)
Successful, community-based substance abuse treatment and education programs and substance use disorder treatment programs, in conjunction with treatment for behavioral or mental health disorders as necessary, provide effective tools in the effort to reduce drug usage and enhance public safety by reducing the likelihood that drug users will have further contact with the criminal justice system. Therapeutic intervention and ongoing individualized treatment plans prepared through the use of meaningful and proven assessment tools and evaluations offer an effective alternative to incarceration in appropriate circumstances and should be utilized accordingly.
(d)
Savings recognized from reductions in incarceration rates should be dedicated toward funding community-based treatment options and other mechanisms that are accessible to all of the state's counties for the implementation and continuation of such programs;
(e)
The Colorado commission on criminal and juvenile justice submitted a report to the general assembly on December 15, 2012, after significant study of effective approaches to reduced drug abuse and use of criminal justice sanctions that recommends multiple changes to the criminal law relating to controlled substances. The commission continues work to develop a more effective treatment system in Colorado and continues to collect data to measure the impact of the changes to this part 4 enacted in 2013.
Amended by 2017 Ch. 263, § 144, eff. 5/25/2017.
Amended by 2013 Ch. 333, § 7, eff. 10/1/2013.
L. 92: Entire article R&RE, p. 354, § 1, effective July 1. L. 2010: Entire section amended, (HB 10 -1352), ch. 259, p. 1162, § 1, effective August 11. L. 2013: (1) amended, (SB 13-250), ch. 333, p. 1908, § 7, effective October 1. L. 2017: IP(1) and (1)(c) amended, (SB 17-242), ch. 263, p. 1308, § 144, effective May 25.
This section is similar to former § 12-22-302 as it existed prior to 1992.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 18 - UNIFORM CONTROLLED SUBSTANCES ACT OF 2013 (§§ 18-18-101 — 18-18-607) › Part 4 - OFFENSES AND PENALTIES (§§ 18-18-401 — 18-18-434) › Section 18-18-401 - [Effective 8/7/2024] Legislative declaration

(1)
The general assembly finds, determines, and declares that:
(a)
The regulation of controlled substances in this state is important and necessary for the preservation of public safety and public health;
(b)
Meeting the public safety and public health needs of our communities demands a collaborative effort involving primary health-care, behavioral health, criminal justice, and social service systems;
(c)
Successful, community-based substance abuse treatment and education programs and substance use disorder treatment programs, in conjunction with treatment for behavioral or mental health disorders as necessary, provide effective tools in the effort to reduce drug usage and enhance public safety by reducing the likelihood that drug users will have further contact with the criminal justice system. Therapeutic intervention and ongoing individualized treatment plans prepared through the use of meaningful and proven assessment tools and evaluations offer an effective alternative to incarceration in appropriate circumstances and should be utilized accordingly.
(d)
Savings recognized from reductions in incarceration rates should be dedicated toward funding community-based treatment options and other mechanisms that are accessible to all of the state's counties for the implementation and continuation of such programs;
(e)
The Colorado commission on criminal and juvenile justice submitted a report to the general assembly on December 15, 2012, after significant study of effective approaches to reduced drug abuse and use of criminal justice sanctions that recommends multiple changes to the criminal law relating to controlled substances.
Amended by 2024 Ch. 490,§ 24, eff. 8/7/2024.
Amended by 2017 Ch. 263, § 144, eff. 5/25/2017.
Amended by 2013 Ch. 333, § 7, eff. 10/1/2013.
L. 92: Entire article R&RE, p. 354, § 1, effective July 1. L. 2010: Entire section amended, (HB 10 -1352), ch. 259, p. 1162, § 1, effective August 11. L. 2013: (1) amended, (SB 13-250), ch. 333, p. 1908, § 7, effective October 1. L. 2017: IP(1) and (1)(c) amended, (SB 17-242), ch. 263, p. 1308, § 144, effective May 25.
This section is similar to former § 12-22-302 as it existed prior to 1992.
2024 Ch. 490, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 18 - UNIFORM CONTROLLED SUBSTANCES ACT OF 2013 (§§ 18-18-101 — 18-18-607) › Part 4 - OFFENSES AND PENALTIES (§§ 18-18-401 — 18-18-434) › Section 18-18-402 - Definitions - terms used

As used in this part 4, unless this part 4 otherwise provides or unless the context otherwise requires, terms used in this part 4 shall have the same meanings as those set forth in part 1 of this article 18.
Amended by 2018 Ch. 274,§ 29, eff. 5/29/2018.
L. 92: Entire article R&RE, p. 354, § 1, effective July 1. L. 2018: Entire section amended, (HB 18-1375), ch. 274, p. 1703, § 29, effective May 29.
This section is similar to former § 18-18-102 as it existed prior to 1992.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 18 - UNIFORM CONTROLLED SUBSTANCES ACT OF 2013 (§§ 18-18-101 — 18-18-607) › Part 4 - OFFENSES AND PENALTIES (§§ 18-18-401 — 18-18-434) › Section 18-18-403 - Additional definition

As used in this part 4, unless the context otherwise requires:
(1)
"Sale" includes 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, with or without remuneration.
L. 92: Entire article R&RE, p. 354, § 1, effective July 1.
This section is similar to former § 18-18-103 as it existed prior to 1992.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 18 - UNIFORM CONTROLLED SUBSTANCES ACT OF 2013 (§§ 18-18-101 — 18-18-607) › Part 4 - OFFENSES AND PENALTIES (§§ 18-18-401 — 18-18-434) › Section 18-18-404 - Unlawful use of a controlled substance

(1)
(a)
Except as is otherwise provided for offenses concerning marijuana and marijuana concentrate in sections
18-18-406
and
18-18-406.5
, or for natural medicine or natural medicine product in section
18-18-434
, article
170
of title
12
, or article
50
of title
44
, any person who uses any controlled substance, except when it is dispensed by or under the direction of a person licensed or authorized by law to prescribe, administer, or dispense the controlled substance for bona fide medical needs, commits a level 2 drug misdemeanor.
(b)
Repealed.
(1.1)
Repealed.
(2) and (3)
(Deleted by amendment, L. 2010, (HB 10-1352), ch. 1163, p. 1163, § 2, effective August 11, 2010.)
(4)
Repealed.
Amended by 2023 Ch. 249,§ 25, eff. 7/1/2023.
Amended by 2022 Ballot Proposition 122, passed by voters in 11/8/2020 election, effective upon official proclamation by governor.
Amended by 2013 Ch. 333, § 9, eff. 10/1/2013.
L. 92: Entire article R&RE, p. 354, § 1, effective July 1. L. 98: (4) added, p. 1435, § 4, effective July 1. L. 99: IP(1) amended, p. 799, § 17, effective July 1. L. 2000: (4) amended, p. 1359, § 41, effective 7/1/2001. L. 2002: (4) amended, p. 1583, § 12, effective July 1. L. 2003: (1) amended and (1.1) added, p. 2681, § 2, effective July 1; (3) amended, p. 2429, § 2, effective July 1. L. 2007: (1)(b) and (1.1) repealed, p. 1689, § 10, effective July 1. L. 2009: (4) repealed, (HB 09 -1266), ch. 347, p. 1815, § 4, effective August 5. L. 2010: (1)(a), (2), and (3) amended, (HB 10 -1352), ch. 259, p. 1163, § 2, effective August 11. L. 2012: (1)(a) amended, (SB 12-020), ch. 225, p. 988, § 5, effective May 29. L. 2013: (1)(a) amended, (SB 13-250), ch. 333, p. 1909, § 9, effective October 1.
This section is similar to former § 18-18-104 as it existed prior to 1992.
For the legislative intent contained in the 2003 act amending subsection (1) and enacting subsection (1.1), see section 1 of chapter 424, Session Laws of Colorado 2003. For the legislative declaration in the 2012 act amending subsection (1)(a), see section 1 of chapter 225, Session Laws of Colorado 2012.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 18 - UNIFORM CONTROLLED SUBSTANCES ACT OF 2013 (§§ 18-18-101 — 18-18-607) › Part 4 - OFFENSES AND PENALTIES (§§ 18-18-401 — 18-18-434) › Section 18-18-406.1 - Unlawful use or possession of synthetic cannabinoids or salvia divinorum

(1)
Except as provided in section
25-5-427
or article
10
of title
44
, it is unlawful for any person to use or possess any amount of any synthetic cannabinoid or salvia divinorum.
(2)
A person who violates any provision of subsection (1) of this section commits a level 2 drug misdemeanor.
Amended by 2023 Ch. 444,§ 10, eff. 6/7/2023.
Amended by 2013 Ch. 333, § 12, eff. 10/1/2013.
L. 2011: Entire section added, (SB 11 -134), ch. 261, p. 1139, § 2, effective July 1. L. 2013: (2) amended, (SB 13-250), ch. 333, p. 1917, § 12, effective October 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 18 - UNIFORM CONTROLLED SUBSTANCES ACT OF 2013 (§§ 18-18-101 — 18-18-607) › Part 4 - OFFENSES AND PENALTIES (§§ 18-18-401 — 18-18-434) › Section 18-18-406.2 - Unlawful distribution, manufacturing, dispensing, sale, or cultivation of synthetic cannabinoids or salvia divinorum

(1)
Except as provided in section
25-5-427
or article
10
of title
44
, it is unlawful for any person knowingly to:
(a)
Manufacture, dispense, sell, or distribute, or to possess with intent to manufacture, dispense, sell, or distribute, any amount of any synthetic cannabinoid or salvia divinorum;
(b)
Induce, attempt to induce, or conspire with one or more other persons, to manufacture, dispense, sell, distribute, or possess with intent to manufacture, dispense, sell, or distribute, any amount of any synthetic cannabinoid or salvia divinorum; or
(c)
Cultivate salvia divinorum with intent to dispense, sell, or distribute any amount of the salvia divinorum.
(2)
A person who violates any provision of subsection (1) of this section commits a level 3 drug felony.
(3)
Notwithstanding the provisions of subsection (2) of this section, a person who violates any provision of subsection (1) of this section by dispensing, selling, or distributing any amount of any synthetic cannabinoid or salvia divinorum commits a level 2 drug felony if the person:
(a)
Dispenses, sells, or distributes the synthetic cannabinoid or salvia divinorum to a minor who is less than eighteen years of age; and
(b)
Is at least eighteen years of age and at least two years older than said minor.
(4)
As used in this section, "dispense" does not include labeling, as defined in section
12-280-103 (23)
.
Amended by 2023 Ch. 444,§ 11, eff. 6/7/2023.
Amended by 2019 Ch. 136, § 108, eff. 10/1/2019.
Amended by 2013 Ch. 333, § 13, eff. 10/1/2013.
L. 2011: Entire section added, (SB 11 -134), ch. 261, p. 1139, § 2, effective July 1. L. 2012: (4) amended, (HB 12-1311), ch. 281, p. 1623, § 57, effective July 1. L. 2013: (2) and (3) amended, (SB 13-250), ch. 333, p. 1917, § 13, effective October 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 18 - UNIFORM CONTROLLED SUBSTANCES ACT OF 2013 (§§ 18-18-101 — 18-18-607) › Part 4 - OFFENSES AND PENALTIES (§§ 18-18-401 — 18-18-434) › Section 18-18-406.4 - Unlawful advertising of marijuana - exception

(1)
A person who is not licensed to sell medical marijuana or retail marijuana pursuant to article
10
of title
44
, or pursuant to the laws regarding medical or retail marijuana under the laws of another state, who knowingly advertises in a newspaper, magazine, handbill, or other publication or on the internet the unlawful sale of marijuana, marijuana concentrate, or a marijuana product by a person not licensed to sell marijuana, marijuana concentrate, or a marijuana product commits a level 2 drug misdemeanor.
(2)
The provisions of subsection (1) of this section do not apply to a primary caregiver, as defined in section 14 (1)(f) of article XVIII of the state constitution, who advertises that the primary caregiver is available to be a primary caregiver to a patient, as defined in section 14 (1)(d) of article XVIII of the state constitution.
Amended by 2019 Ch. 315,§ 18, eff. 1/1/2020.
Added by 2017 Ch. 104,§ 1, eff. 9/1/2017.
L. 2017: Entire section added, (SB 17-015), ch. 104, p. 383, § 1, effective September 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 18 - UNIFORM CONTROLLED SUBSTANCES ACT OF 2013 (§§ 18-18-101 — 18-18-607) › Part 4 - OFFENSES AND PENALTIES (§§ 18-18-401 — 18-18-434) › Section 18-18-406.5 - Unlawful use of marijuana in a detention facility

(1)
A person confined in a detention facility in this state who possesses or uses marijuana commits a level 1 drug misdemeanor.
(2)
Repealed.
(3)
For purposes of this section, "detention facility" means any building, structure, enclosure, vehicle, institution, or place, whether permanent or temporary, fixed or mobile, where persons are or may be lawfully held in custody or confinement under the authority of the state of Colorado or any political subdivision of the state of Colorado.
Amended by 2014 Ch. 391,§ 24, eff. 6/6/2014.
Amended by 2013 Ch. 333,§ 14, eff. 10/1/2013.
L. 99: Entire section added, p. 798, § 16, effective July 1. L. 2010: (1) and (2) amended, (HB 10-1352), ch. 259, p. 1174, §19, effective August 11. L. 2013: (1) amended, (SB 13-250), ch. 333, p. 1917, § 14, effective October 1. L. 2014: (1) amended and (2) repealed, (SB 14-163), ch. 391, p. 1979, § 24, effective June 6.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 18 - UNIFORM CONTROLLED SUBSTANCES ACT OF 2013 (§§ 18-18-101 — 18-18-607) › Part 4 - OFFENSES AND PENALTIES (§§ 18-18-401 — 18-18-434) › Section 18-18-406.6 - Extraction of marijuana concentrate - definitions

(1)
It shall be unlawful for any person who is not licensed pursuant to article
10
of title
44
to knowingly manufacture marijuana concentrate using an inherently hazardous substance.
(2)
It shall be unlawful for any person who is not licensed pursuant to article
10
of title
44
who owns, manages, operates, or otherwise controls the use of any premises to knowingly allow marijuana concentrate to be manufactured on the premises using an inherently hazardous substance.
(3)
A person who violates this section commits a level 2 drug felony.
(4)
As used in this section, unless the context otherwise requires, "inherently hazardous substance" means any liquid chemical, compressed gas, or commercial product that has a flash point at or lower than thirty-eight degrees celsius or one hundred degrees fahrenheit, including butane, propane, and diethyl ether and excluding all forms of alcohol and ethanol.
Amended by 2019 Ch. 315, § 19, eff. 1/1/2020.
Amended by 2018 Ch. 55, § 14, eff. 10/1/2018.
Added by 2015 Ch. 242, § 2, eff. 7/1/2015.
L. 2015: Entire section added, (HB 15-1305), ch. 896, p. 896, § 2, effective July 1. L. 2018: (1) and (2) amended, (HB 18-1023), ch. 587, p. 587, § 14, effective October 1. L. 2019: (1) and (2) amended, (SB 19-224), ch. 2938, p. 2938, § 19, effective 1/1/2020.
For the legislative declaration in HB 15-1305, see section 1 of chapter 242, Session Laws of Colorado 2015.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 18 - UNIFORM CONTROLLED SUBSTANCES ACT OF 2013 (§§ 18-18-101 — 18-18-607) › Part 4 - OFFENSES AND PENALTIES (§§ 18-18-401 — 18-18-434) › Section 18-18-406.7 - [Repealed]

Repealed by 2013 Ch. 333,§15, eff. 10/1/2013.
L. 2012: Entire section added, (HB 12-1310), ch. 268, p. 1405, § 31, effective June 7. L. 2013: Entire section repealed, (SB 13-250), ch. 333, p. 1917, § 15, effective October 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 18 - UNIFORM CONTROLLED SUBSTANCES ACT OF 2013 (§§ 18-18-101 — 18-18-607) › Part 4 - OFFENSES AND PENALTIES (§§ 18-18-401 — 18-18-434) › Section 18-18-406.8 - [Repealed]

Repealed by 2013 Ch. 333,§15, eff. 10/1/2013.
L. 2012: Entire section added, (HB 12-1310), ch. 268, p. 1406, § 31, effective June 7. L. 2013: Entire section repealed, (SB 13-250), ch. 333, p. 1917, § 15, effective October 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 18 - UNIFORM CONTROLLED SUBSTANCES ACT OF 2013 (§§ 18-18-101 — 18-18-607) › Part 4 - OFFENSES AND PENALTIES (§§ 18-18-401 — 18-18-434) › Section 18-18-406.9 - Unlawful distribution or purchase of dextromethorphan - penalty - preemption - definitions

(1)
It is unlawful for a seller, retailer, or vendor to knowingly or willfully dispense, sell, or distribute a finished drug product containing any quantity of dextromethorphan to a person less than eighteen years of age.
(2)
(a)
A seller, retailer, or vendor making a retail sale of a finished drug product containing any quantity of dextromethorphan must require and obtain proof of age from the purchaser before completing the sale unless the seller, retailer, or vendor reasonably presumes from the purchaser's outward appearance that the purchaser is at least twenty-five years of age.
(b)
This section does not require a retail entity to:
(I)
Place products in a specific place within a store;
(II)
Impose other restrictions on consumers' direct access to finished drug products; or
(III)
Maintain transaction records.
(3)
A seller, retailer, or vendor who violates subsection (1) or (2)(a) of this section commits an unclassified petty offense and, upon conviction thereof, shall be punished as follows:
(a)
For a first offense, the court shall issue a written warning to the seller, retailer, or vendor; and
(b)
For a second or subsequent offense, the seller, retailer, or vendor shall pay a fine of not more than two hundred dollars.
(4)
This section does not apply to a medication containing dextromethorphan, which medication is sold pursuant to a valid prescription.
(5)
If a seller, retailer, or vendor is an employer and trains its employees concerning this section's restrictions on the distribution of medications containing dextromethorphan, such fact is an affirmative defense to any prosecution for an offense described in this section.
(6)
As used in this section, unless the context otherwise requires:
(a)
"Finished drug product" means a drug legally marketed under the "Federal Food, Drug, and Cosmetic Act",
21 U.S.C. sec. 301
et seq., that is in finished dosage form.
(b)
"Proof of age" means any document issued by a governmental agency that contains a description or photograph of the person and gives the person's date of birth, including a passport, military or state identification card, or driver's license.
(7)
The general assembly finds that the regulation of access to products containing dextromethorphan is a matter of statewide concern, and, therefore, this section preempts any ordinance or code of any city, county, city and county, town, or other political subdivision of this state regulating the distribution or purchase of dextromethorphan.
Added by 2018 Ch. 211,§ 1, eff. 8/8/2018.
L. 2018: Entire section added, (HB 18-1307), ch. 211, p. 1346, § 1, effective August 8.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 18 - UNIFORM CONTROLLED SUBSTANCES ACT OF 2013 (§§ 18-18-101 — 18-18-607) › Part 4 - OFFENSES AND PENALTIES (§§ 18-18-401 — 18-18-434) › Section 18-18-408 - [Repealed]

L. 92: Entire article R&RE, p. 364, § 1, effective July 1. L. 2010: Entire section repealed, (HB 10-1081), ch. 256, p. 1141, §4, effective August 11.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 18 - UNIFORM CONTROLLED SUBSTANCES ACT OF 2013 (§§ 18-18-101 — 18-18-607) › Part 4 - OFFENSES AND PENALTIES (§§ 18-18-401 — 18-18-434) › Section 18-18-409 - Reduction or suspension of sentence for providing substantial assistance

Notwithstanding any other provision of this article, the district attorney may request the sentencing court to reduce or suspend the sentence of any individual who is convicted of a violation of section
18-18-405
or
18-18-407(1)(e)
and who provides substantial assistance in the identification, arrest, or conviction of any person for a violation of this article. Upon good cause shown, the request may be filed and heard in camera. The judge hearing the motion may reduce or suspend the sentence if the judge finds that the assistance rendered was substantial.
L. 92: Entire article R&RE, p. 365, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 18 - UNIFORM CONTROLLED SUBSTANCES ACT OF 2013 (§§ 18-18-101 — 18-18-607) › Part 4 - OFFENSES AND PENALTIES (§§ 18-18-401 — 18-18-434) › Section 18-18-410 - Declaration of class 1 public nuisance

Except as authorized by section
18-18-434
, article
170
of title
12
, or article
50
of title
44
, any store, shop, warehouse, dwelling house, building, vehicle, boat, or aircraft or any place whatsoever that is frequented by controlled substance addicts for the unlawful use of controlled substances or which is used for the unlawful storage, manufacture, sale, or distribution of controlled substances is declared to be a class 1 public nuisance and subject to the provisions of section
16-13-303
. Any real or personal property that is seized or confiscated as a result of an action to abate a public nuisance shall be disposed of pursuant to part 7 of article
13
of title
16
.
Amended by 2023 Ch. 249,§ 27, eff. 7/1/2023.
Amended by 2022 Ballot Proposition 122, passed by voters in 11/8/2020 election, effective upon official proclamation by governor.
L. 92: Entire article R&RE, p. 365, § 1, effective July 1.
This section is similar to former § 18-18-108 as it existed prior to 1992.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 18 - UNIFORM CONTROLLED SUBSTANCES ACT OF 2013 (§§ 18-18-101 — 18-18-607) › Part 4 - OFFENSES AND PENALTIES (§§ 18-18-401 — 18-18-434) › Section 18-18-411 - Keeping, maintaining, controlling, renting, or making available property for unlawful distribution or manufacture of controlled substances

(1)
It is unlawful for any person knowingly or intentionally to keep, maintain, control, rent, lease, or make available for use any store, shop, warehouse, dwelling, building, vehicle, vessel, aircraft, room, enclosure, or other structure or place, which that person knows is resorted to for the purpose of keeping for distribution, transporting for distribution, or distributing controlled substances in violation of this article.
(2)
Except as authorized by this article, it is unlawful for any person to:
(a)
Knowingly or intentionally open or maintain any place which that person knows is resorted to for the purpose of unlawfully manufacturing a controlled substance; or
(b)
Manage or control any building, room, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, and knowingly or intentionally rent, lease, or make available for use, with or without compensation, the building, room, or enclosure which that person knows is resorted to for the purpose of unlawfully manufacturing a controlled substance.
(3)
A person does not violate subsection (2) of this section:
(a)
By reason of any act committed by another person while that other person is unlawfully on or in the structure or place, if the person lacked knowledge of the unlawful presence of that other person; or
(b)
If the person has notified a law enforcement agency with jurisdiction to make an arrest for the illegal conduct.
(3.5)
It is not a violation of this section if a person is acting in compliance with section
18-18-434
, article
170
of title
12
, or article
50
of title
44
.
(4)
A person who violates this section commits a level 1 drug misdemeanor.
(5)
Repealed.
Amended by 2023 Ch. 249,§ 28, eff. 7/1/2023.
Amended by 2022 Ballot Proposition 122, passed by voters in 11/8/2020 election, effective upon official proclamation by governor.
Amended by 2013 Ch. 333, § 17, eff. 10/1/2013.
L. 92: Entire article R&RE, p. 365, § 1, effective July 1. L. 2013: (4) amended, (SB 13-250), ch. 333, p. 1922, § 17, effective October 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 18 - UNIFORM CONTROLLED SUBSTANCES ACT OF 2013 (§§ 18-18-101 — 18-18-607) › Part 4 - OFFENSES AND PENALTIES (§§ 18-18-401 — 18-18-434) › Section 18-18-412 - Abusing toxic vapors - prohibited

(1)
No person shall knowingly smell or inhale the fumes of toxic vapors for the purpose of causing a condition of euphoria, excitement, exhilaration, stupefaction, or dulled senses of the nervous system. No person shall knowingly possess, buy, or use any such substance for the purposes described in this subsection (1), nor shall any person knowingly aid any other person to use any such substance for the purposes described in this subsection (1). This subsection (1) shall not apply to the inhalation of anesthesia or other substances for medical or dental purposes.
(2)
A person who knowingly violates the provisions of subsection (1) of this section commits the offense of abusing toxic vapors. Abusing toxic vapors is a level 2 drug misdemeanor.
(3)
For the purposes of this section, the term "toxic vapors" means the following substances or products containing such substances:
(a)
Alcohols, including methyl, isopropyl, propyl, or butyl;
(b)
Aliphatic acetates, including ethyl, methyl, propyl, or methyl cellosolve acetate;
(c)
Acetone;
(d)
Benzene;
(e)
Carbon tetrachloride;
(f)
Cyclohexane;
(g)
Freons, including freon 11 and freon 12;
(h)
Hexane;
(i)
Methyl ethyl ketone;
(j)
Methyl isobutyl ketone;
(k)
Naphtha;
(l)
Perchlorethylene;
(m)
Toluene;
(n)
Trichloroethane; or
(o)
Xylene.
(4)
In a prosecution for a violation of this section, evidence that a container lists one or more of the substances described in subsection (3) of this section as one of its ingredients shall be prima facie evidence that the substance in such container contains toxic vapors and emits the fumes thereof.
(5)
A juvenile charged with an offense pursuant to this section is subject to the jurisdiction of the juvenile court pursuant to section
19-2.5-103
.
Amended by 2021 Ch. 136, § 59, eff. 10/1/2021.
Amended by 2019 Ch. 291, § 3, eff. 3/1/2020.
Amended by 2013 Ch. 333, § 18, eff. 10/1/2013.
L. 92: Entire article R&RE, p. 366, § 1, effective July 1. L. 96: (5) amended, p. 1693, § 29, effective 1/1/1997. L. 2013: (2) amended, (SB 13-250), ch. 1922, p. 1922, § 18, effective October 1. L. 2019: (2) amended, (HB 19-1263), ch. 2678, p. 2678, § 3, effective 3/1/2020. L. 2021: (5) amended, (SB 21-059), ch. 725, p. 725, § 59, effective October 1.
This section is similar to former § 18-18-111 as it existed prior to 1992.