reglab/statecodes huggingface dataset:
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 18-18-412.5 - Unlawful possession of materials to make methamphetamine and amphetamine - penalty

(1)
The general assembly finds and declares that persons are manufacturing methamphetamine and amphetamine using nonprescription drugs that are readily and legally available. The general assembly further finds that it is necessary to make illegal the possession of such nonprescription drugs with the intent to use them as immediate precursors in manufacturing any controlled substance.
(2)
Notwithstanding any other provision of law to the contrary, no person shall possess ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, with the intent to use such product as an immediate precursor in the manufacture of any controlled substance.
(3)
A person who violates the provisions of this section commits a level 2 drug felony.
Amended by 2013 Ch. 333,§ 19, eff. 10/1/2013.
L. 2002: Entire section added, p. 1265, § 1, effective August 7. L. 2013: (3) amended, (SB 13-250), ch. 333, p. 1922, § 19, 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 18-18-412.7 - Sale or distribution of materials to manufacture controlled substances

(1)
A person who sells or distributes chemicals, supplies, or equipment, and who knows or reasonably should know or believes that a person intends to use the chemicals, supplies, or equipment to illegally manufacture a controlled substance violates this section.
(1.5)
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
.
(2)
A violation of this section is a level 2 drug felony.
(3)
Repealed.
Amended by 2023 Ch. 249,§ 29, 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, § 20, eff. 10/1/2013.
L. 2003: Entire section added, p. 2387, § 2, effective 7/1/2004. L. 2004: (2) amended, p. 637, § 13, effective August 4. L. 2013: (2) amended, (SB 13-250), ch. 333, p. 1922, § 20, effective October 1.
For the legislative declaration contained in the 2003 act enacting this section, see section 1 of chapter 360, Session Laws of Colorado 2003.
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 18-18-413 - Authorized possession of controlled substances

A person to whom or for whose use any controlled substance has been prescribed or dispensed by a practitioner may lawfully possess it, but only in the container in which it was delivered to him unless he is able to show that he is the legal owner or a person acting at the direction of the legal owner of the controlled substance. Any person convicted of violating this section commits a drug petty offense, and the court shall impose a fine of not more than one hundred dollars.
Amended by 2013 Ch. 333,§ 22, eff. 10/1/2013.
L. 92: Entire article R&RE, p. 367, § 1, effective July 1. L. 2013: Entire section amended, (SB 13-250), ch. 333, p. 1923, § 22, effective October 1.
This section is similar to former § 18-18-109 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 18-18-415 - Fraud and deceit

(1)
(a)
No person shall obtain a controlled substance or procure the administration of a controlled substance by fraud, deceit, misrepresentation, or subterfuge; or by the forgery or alteration of an order; or by the concealment of a material fact; or by the use of a false name or the giving of a false address.
(b)
Information communicated to a practitioner in an effort to procure a controlled substance other than for legitimate treatment purposes or unlawfully to procure the administration of any such controlled substance shall not be deemed a privileged communication.
(c)
No person shall willfully make a false statement in any order, report, or record required by this article.
(d)
No person, for the purpose of obtaining a controlled substance, shall falsely assume the title of, or represent himself to be, a manufacturer, distributor, practitioner, or other person authorized by law to obtain a controlled substance.
(e)
No person shall make or utter any false or forged order.
(f)
No person shall affix any false or forged label to a package or receptacle containing a controlled substance.
(2)
Any person who violates any provision of this section commits:
(a)
A level 4 drug felony and shall be punished as provided in section
18-1.3-401.5
.
(b)
(Deleted by amendment, L. 2010, (HB 10-1352), ch. 1170, p. 1170, § 8, effective August 11, 2010.)
Amended by 2013 Ch. 333, § 24, eff. 10/1/2013.
L. 92: Entire article R&RE, p. 371, § 1, effective July 1. L. 2002: (2)(a) and (2)(b) amended, p. 1520, § 215, effective October 1. L. 2010: (2) amended, (HB 10 -1352), ch. 259, p. 1170, § 8, effective August 11. L. 2013: (2)(a) amended, (SB 13-250), ch. 333, p. 1923, § 24, effective October 1.
This section is similar to former § 12-22-315 as it existed prior to 1992.
For the legislative declaration contained in the 2002 act amending subsections (2)(a) and (2)(b), see section 1 of chapter 318, Session Laws of Colorado 2002.
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 18-18-416 - Controlled substances - inducing consumption by fraudulent means

(1)
It is unlawful for any person, surreptitiously or by means of fraud, misrepresentation, suppression of truth, deception, or subterfuge, to cause any other person to unknowingly consume or receive the direct administration of any controlled substance, as defined in section
18-18-102(5)
; except that nothing in this section shall diminish the scope of health care authorized by law.
(2)
A person who violates the provisions of this section commits a level 3 drug felony.
Amended by 2013 Ch. 333,§ 25, eff. 10/1/2013.
L. 92: Entire article R&RE, p. 371, § 1, effective July 1. L. 2013: (2) amended, (SB 13-250), ch. 333, p. 1923, § 25, 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 18-18-417 - Notice of conviction

Upon the conviction of any person for a violation of any provision of this part 4, a copy of the judgment, sentence, and opinion, if any, of the court shall be sent by the clerk of the court to the state board of pharmacy or the department of public health and environment or officer, if any, by whom the convicted defendant has been licensed or registered to practice his profession or to carry on his business.
L. 92: Entire article R&RE, p. 372, § 1, effective July 1. L. 94: Entire section amended, p. 2736, § 362, effective July 1.
This section is similar to former § 12-22-316 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 18-18-419 - Imitation and counterfeit controlled substances act

Sections 18-18-419 to 18-18-424 shall be known and may be cited as the "Imitation and Counterfeit Controlled Substances Act".
L. 92: Entire article R&RE, p. 373, § 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 18-18-420 - Imitation controlled substances - definitions

As used in sections
18-18-419
to
18-18-424
, unless the context otherwise requires:
(1)
"Controlled substance" shall have the same meaning as set forth in section
18-18-102(5)
.
(2)
"Distribute" means the actual, constructive, or attempted transfer, delivery, or dispensing to another of an imitation controlled substance, with or without remuneration.
(3)
"Imitation controlled substance" means a substance that is not the controlled substance that it is purported to be but which, by appearance, including color, shape, size, and markings, by representations made, and by consideration of all relevant factors as set forth in section
18-18-421
, would lead a reasonable person to believe that the substance is the controlled substance that it is purported to be.
(4)
"Manufacture" means the production, preparation, compounding, processing, encapsulating, packaging or repackaging, or labeling or relabeling of an imitation controlled substance.
L. 92: Entire article R&RE, p. 373, § 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 18-18-421 - Imitation controlled substances - determination - considerations

(1)
In determining whether a substance is an imitation controlled substance, the trier of fact may consider, in addition to all other relevant factors, the following:
(a)
Statements by an owner or by anyone in control of the substance concerning the nature of the substance or its use or effect;
(b)
Statements made to the recipient that the substance may be resold for inordinate profit which is more than the normal markup charged by legal retailers of similar pharmaceutical products;
(c)
Whether the substance is packaged in a manner normally used for illicit controlled substances;
(d)
Evasive tactics or actions utilized by the owner or person in control of the substance to avoid detection by law enforcement authorities;
(e)
The proximity of the imitation controlled substance to any controlled substances when conduct purported to be illegal under this article is observed.
L. 92: Entire article R&RE, p. 373, § 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 18-18-422 - Imitation controlled substances - violations - penalties

(1)
(a)
Except as provided in section
18-18-424
, it is unlawful for a person to manufacture, distribute, or possess with intent to distribute an imitation controlled substance.
(b)
A person who violates the provisions of paragraph (a) of this subsection (1) commits:
(I)
A level 4 drug felony.
(II)
(Deleted by amendment, L. 2013.)
(2)
(a)
If an adult distributes an imitation controlled substance to a minor and the adult is at least two years older than the minor, the adult commits a level 3 drug felony.
(b)
(Deleted by amendment, L. 2013.)
(3)
(a)
It is unlawful for a person to place in a newspaper, magazine, handbill, or other publication or to post or distribute in a public place an advertisement or solicitation that the person knows will promote the distribution of imitation controlled substances.
(b)
A person who violates the provisions of paragraph (a) of this subsection (3) commits a level 1 drug misdemeanor.
(4)
It is not a defense to a violation of this section that the defendant believed that the imitation controlled substance was a genuine controlled substance.
Amended by 2013 Ch. 333,§ 26, eff. 10/1/2013.
L. 92: Entire article R&RE, p. 374, § 1, effective July 1. L. 2013: (1), (2), and (3) amended, (SB 13-250), ch. 333, p. 1923, § 26, 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 18-18-423 - Counterfeit substances prohibited - penalty

(1)
It is unlawful for any person knowingly or intentionally to manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser, other than the person who in fact manufactured, distributed, or dispensed the substance.
(2)
It is unlawful for any person knowingly or intentionally to make, distribute, or possess a punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof.
(3)
A person who violates this section commits a level 3 drug felony.
Amended by 2013 Ch. 333,§ 27, eff. 10/1/2013.
L. 92: Entire article R&RE, p. 375, § 1, effective July 1. L. 2013: (3) amended, (SB 13-250), ch. 333, p. 1924, § 27, 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 18-18-424 - Imitation controlled substances - exceptions

The provisions of sections
18-18-419
to
18-18-424
shall not apply to practitioners licensed, registered, or otherwise authorized under the laws of this state to possess, administer, dispense, or distribute a controlled substance, if the distribution, possession, dispensing, or administering of the imitation controlled substance is done in the lawful course of his professional practice.
L. 92: Entire article R&RE, p. 375, § 1, effective July 1.
For the "Colorado Licensing of Controlled Substances Act", see part 2 of article 80 of title 27 .
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 18-18-425 - Drug paraphernalia - legislative declaration

(1)
The general assembly hereby finds and declares that the possession, sale, manufacture, delivery, or advertisement of drug paraphernalia results in the legitimization and encouragement of the illegal use of controlled substances by making the drug culture more visible and enticing and that the ready availability of drug paraphernalia tends to promote, suggest, or increase the public acceptability of the illegal use of controlled substances. Therefore, the purposes of the provisions controlling drug paraphernalia are:
(a)
To protect and promote the public peace, health, safety, and welfare by prohibiting the possession, sale, manufacture, and delivery, or advertisement, of drug paraphernalia; and
(b)
To deter the use of controlled substances by controlling the drug paraphernalia associated with their use.
L. 92: Entire article R&RE, p. 375, § 1, effective July 1.
This section is similar to former § 12-22-501 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 18-18-427 - Drug paraphernalia - determination - considerations

(1)
In determining whether an object is drug paraphernalia, a court, in its discretion, may consider, in addition to all other relevant factors, the following:
(a)
Statements by an owner or by anyone in control of the object concerning its use;
(b)
The proximity of the object to controlled substances;
(c)
The existence of any residue of controlled substances on the object;
(d)
Direct or circumstantial evidence of the knowledge of an owner, or of anyone in control of the object, or evidence that such person reasonably should know, that it will be delivered to persons who he knows or reasonably should know, could use the object to facilitate a violation of sections
18-18-425
to
18-18-430
;
(e)
Instructions, oral or written, provided with the object concerning its use;
(f)
Descriptive materials accompanying the object which explain or depict its use;
(g)
National or local advertising concerning its use;
(h)
The manner in which the object is displayed for sale;
(i)
Whether the owner, or anyone in control of the object, is a supplier of like or related items to the community for legal purposes, such as an authorized distributor or dealer of tobacco products;
(j)
The existence and scope of legal uses for the object in the community;
(k)
Expert testimony concerning its use.
(2)
In the event a case brought pursuant to sections
18-18-425
to
18-18-430
is tried before a jury, the court shall hold an evidentiary hearing on issues raised pursuant to this section. Such hearing shall be conducted in camera.
L. 92: Entire article R&RE, p. 377, § 1, effective July 1.
This section is similar to former § 12-22-503 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 18-18-429 - Manufacture, sale, or delivery of drug paraphernalia - penalty

Any person who sells or delivers, possesses with intent to sell or deliver, or manufactures with intent to sell or deliver equipment, products, or materials knowing, or under circumstances where one reasonably should know, that such equipment, products, or materials could be used as drug paraphernalia commits a level 2 drug misdemeanor.
Amended by 2013 Ch. 333,§ 29, eff. 10/1/2013.
L. 92: Entire article R&RE, p. 378, § 1, effective July 1. L. 2013: Entire section amended, (SB 13-250), ch. 333, p. 1924, § 29, effective October 1.
This section is similar to former § 12-22-505 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 18-18-430 - Advertisement of drug paraphernalia - penalty

Any person who places an advertisement in a newspaper, magazine, handbill, or other publication and who intends thereby to promote the sale in this state of equipment, products, or materials designed and intended for use as drug paraphernalia commits a level 2 drug misdemeanor.
Amended by 2013 Ch. 333,§ 30, eff. 10/1/2013.
L. 92: Entire article R&RE, p. 378, § 1, effective July 1. L. 2013: Entire section amended, (SB 13-250), ch. 333, p. 1924, § 30, effective October 1.
This section is similar to former § 12-22-506 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 18-18-430.5 - Drug paraphernalia - exemption

(1)
A person is exempt from sections
18-18-425
to
18-18-430
if the person is:
(a)
Participating as an employee, volunteer, or participant in an approved syringe exchange program created pursuant to section
25-1-520
; or
(b)
A pharmacist or pharmacy technician who sells nonprescription syringes or needles pursuant to section
12-280-123 (4)
.
(c)
Using equipment, products, or materials in compliance with section
18-18-434
, article
170
of title
12
, or article
50
of title
44
. The manufacture, possession, and distribution of such equipment, products, or materials is authorized within the meaning of
21 U.S.C. 863
sec. (f).
Amended by 2023 Ch. 249,§ 30, 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 2020 Ch. 287, § 6, eff. 9/14/2020.
Amended by 2013 Ch. 179, § 1, eff. 5/10/2013.
L. 2010: Entire section added, (SB 10-189), ch. 1252, p. 1252, § 1, effective August 11. L. 2013: Entire section amended, (SB 13-208), ch. 662, p. 662, § 1, effective May 10. L. 2020: Entire section amended, (HB 20-1065), ch. 1420, p. 1420, § 6, effective September 14.
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 18-18-431 - Defenses

The common law defense known as the "procuring agent defense" is not a defense to any crime in this title.
L. 92: Entire article R&RE, p. 378, § 1, effective July 1.
This section is similar to former § 12-22-324 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 18-18-433 - Constitutional provisions

The provisions of this part 4 do not apply to a person twenty-one years of age or older acting in conformance with section 16 of article XVIII of the state constitution and do not apply to a person acting in conformance with section 14 of article XVIII of the state constitution.
Added by 2013 Ch. 333,§ 31, eff. 10/1/2013.
L. 2013: Entire section added, (SB 13-250), ch. 333, p. 1925, § 31, 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 5 - ENFORCEMENT AND ADMINISTRATIVE PROCEDURES (§§ 18-18-501 — 18-18-506) › Section 18-18-502 - Injunctions

(1)
The district courts of this state have jurisdiction to restrain or enjoin violations of this article.
(2)
The defendant may demand trial by jury for an alleged violation of an injunction or restraining order under this section. Nothing in this section shall preclude any person from applying for injunctive relief from administrative inspections and warrants conducted under this article or for the immediate return of property seized under this article.
L. 92: Entire article R&RE, p. 381, § 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 5 - ENFORCEMENT AND ADMINISTRATIVE PROCEDURES (§§ 18-18-501 — 18-18-506) › Section 18-18-503 - Cooperative arrangements and confidentiality

(1)
The board and the BHA shall cooperate with federal and other state agencies in discharging the board's and the BHA's responsibilities concerning controlled substances and in controlling the abuse of controlled substances. To this end, the BHA may:
(a)
Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances;
(b)
Coordinate and cooperate in training programs concerning controlled substance law enforcement at local and state levels;
(c)
Cooperate with the drug enforcement administration by establishing a centralized unit to accept, catalog, file, and collect statistics, including records of persons with substance use disorders and other controlled substance law offenders within this state, and make the information available for federal, state, and local law enforcement purposes, but may not furnish the name or identity of a patient or research subject whose identity could not be obtained pursuant to subsection (3) of this section; and
(d)
Conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances may be extracted.
(2)
Results, information, and evidence received from the drug enforcement administration relating to the regulatory functions of this article 18, including results of inspections conducted by the drug enforcement administration, may be relied and acted upon by the board or BHA in the exercise of the regulatory functions under this article 18.
(3)
A practitioner engaged in medical practice or research is not required or compelled to furnish the name or identity of a patient or research subject to the board or BHA, nor may the practitioner be compelled in any state or local civil, criminal, administrative, legislative, or other proceedings to furnish the name or identity of an individual that the practitioner is obligated to keep confidential.
Amended by 2022 Ch. 222,§41, eff. 7/1/2022.
Amended by 2017 Ch. 263,§145, eff. 5/25/2017.
L. 92: Entire article R&RE, p. 381, § 1, effective July 1. L. 2017: (1)(c) amended, (SB 17-242), ch. 263, p. 1308, § 145, effective May 25.
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 5 - ENFORCEMENT AND ADMINISTRATIVE PROCEDURES (§§ 18-18-501 — 18-18-506) › Section 18-18-504 - Pleadings - presumptions - liabilities

(1)
It is not necessary for the state to negate any exemption or exception in this article in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this article.
(2)
No person is presumed to be the holder of an appropriate registration or order form issued under this article.
(3)
No civil or criminal liability is imposed by this article upon any authorized state, county, or municipal officer, engaged in the lawful administration or enforcement of this article.
L. 92: Entire article R&RE, p. 382, § 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 5 - ENFORCEMENT AND ADMINISTRATIVE PROCEDURES (§§ 18-18-501 — 18-18-506) › Section 18-18-505 - Judicial review

All final determinations, findings, and conclusions of the board or BHA under this article 18 are subject to judicial review pursuant to section
24-4-106
.
Amended by 2022 Ch. 222,§42, eff. 7/1/2022.
L. 92: Entire article R&RE, p. 382, § 1, effective July 1.
This section is similar to former § 12-22-125.5 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 6 - MISCELLANEOUS (§§ 18-18-601 — 18-18-607) › Section 18-18-601 - Pending proceedings - applicability

(1)
This article does not affect or abate a prosecution for a violation of law occurring before July 1, 1992. If the offense being prosecuted is similar to one set out in part 4 of this article, the penalties under said part 4 apply if they are less than those under prior law.
(2)
This article does not affect a civil seizure, forfeiture, or injunctive proceeding commenced before July 1, 1992.
(3)
All administrative proceedings pending under previous laws that are superseded by this article must be continued and brought to a final determination in accord with the laws and rules in effect before July 1, 1992. Any substance controlled under prior law but which is not listed in section
18-18-203
,
18-18-204
,
18-18-205
,
18-18-206
, or
18-18-207
is automatically controlled without further proceedings and must be included in the appropriate schedule.
(4)
Repealed.
Amended by 2022 Ch. 222,§44, eff. 7/1/2022.
L. 92: Entire article R&RE, p. 384, § 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 6 - MISCELLANEOUS (§§ 18-18-601 — 18-18-607) › Section 18-18-602 - Continuation of rules - application to existing relationships

Any orders and rules adopted under any law affected by this article and in effect on July 1, 1992, and not in conflict with this article continue in effect until modified, superseded, or repealed. Rights and duties that matured, penalties that were incurred, and proceedings that were begun prior to July 1, 1992, are not affected by the enactment of the "Uniform Controlled Substances Act of 2013" or the corresponding repeal of provisions in article
22
of title
12
, as they existed prior to July 1, 1992, and part 6 of article
5
of this title.
Amended by 2019 Ch. 390, § 16, eff. 8/2/2019.
Amended by 2013 Ch. 333, § 60, eff. 10/1/2013.
L. 92: Entire article R&RE, p. 385, § 1, effective July 1. L. 2012: Entire section amended, (HB 12-1311), ch. 1624, p. 1624, § 60, effective July 1. L. 2013: Entire section amended, (SB 13-250), ch. 1940, p. 1940, § 60, effective October 1. L. 2019: Entire section amended, (SB 19-241), ch. 3466, p. 3466, § 16, effective August 2.
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 6 - MISCELLANEOUS (§§ 18-18-601 — 18-18-607) › Section 18-18-603 - Statutes of limitations

A civil action under this article must be commenced within seven years after the claim for relief became known or should have become known, excluding any time during which a party is out of the state or in confinement or during which criminal proceedings relating to a party are in progress.
L. 92: Entire article R&RE, p. 385, § 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 6 - MISCELLANEOUS (§§ 18-18-601 — 18-18-607) › Section 18-18-604 - Uniformity of interpretation

To the extent that this article is uniform, the judiciary may look to decisions regarding the "Uniform Controlled Substances Act of 2013" among states enacting it, subject to rights and obligations provided under other Colorado statutes and the state constitution.
Amended by 2013 Ch. 333,§ 61, eff. 10/1/2013.
L. 92: Entire article R&RE, p. 385, § 1, effective July 1. L. 2013: Entire section amended, (SB 13-250), ch. 333, p. 1940, § 61, 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 6 - MISCELLANEOUS (§§ 18-18-601 — 18-18-607) › Section 18-18-605 - Severability

If any provision of this article or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.
L. 92: Entire article R&RE, p. 385, § 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 6 - MISCELLANEOUS (§§ 18-18-601 — 18-18-607) › Section 18-18-606 - Drug case data collection

(1)
The division of criminal justice in the department of public safety shall collect the data specified in subsection (2) of this section for the period between October 1, 2013, and September 30, 2016, and issue a report by December 31, 2016, on the impact of Senate Bill 13-250, enacted in 2013.
(2)
The data must include, but is not limited to:
(a)
The total number of drug cases diverted from prosecution prior to filing through referral to law enforcement or district attorney diversion programs;
(b)
The total number of drug cases filed statewide by jurisdiction;
(c)
All demographic information and relevant background information on the defendants for which a drug case has been filed or diverted including prior criminal history; and
(d)
For all cases filed, the nature of the charges by statutory citation and the outcome or disposition information on all the cases filed, which shall include but not be limited to:
(I)
Dismissal without prosecution;
(II)
Dismissal as a result of a plea bargain;
(III)
Deferred judgment to the original charge or a lesser charge;
(IV)
Any plea bargain that reduces the original charge or charges filed;
(V)
Any sentence bargain including, but not limited to, a stipulation to a certain sentence or a limit on the amount of jail or department of corrections imposed;
(VI)
Any plea bargain that involves multiple cases;
(VII)
Any sentence bargain that involves concurrent or consecutive time in the custody of the department of corrections;
(VIII)
Any probation or deferred judgment revocation filed and the result of any revocation;
(IX)
Any successful completion of probation or a deferred judgment; and
(X)
Any successful completion of supervision resulting in conversion of the felony to a misdemeanor pursuant to the provisions of section
18-1.3-103.5(2)
.
Added by 2013 Ch. 333,§ 58, eff. 10/1/2013.
L. 2013: Entire section added, (SB 13-250), ch. 333, p. 1938, § 58, 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 6 - MISCELLANEOUS (§§ 18-18-601 — 18-18-607) › Section 18-18-607 - Safe stations - disposal of controlled substances - medical evaluation - definition

(1)
(a)
Upon arrival to a safe station, a person may turn in any controlled substances and request assistance in gaining access to treatment for a substance use disorder. Safe station personnel shall utilize current procedures and protocols for the disposal of the controlled substances.
(b)
A person who turns in one or more controlled substances pursuant to subsection (1)(a) of this section is not subject to arrest or prosecution for possession of such controlled substances.
(2)
Reasonable efforts should be taken by safe station personnel to determine if the person is in need of immediate medical attention and facilitate transportation to an appropriate medical facility, if necessary. If the person does not require immediate medical attention, the safe station personnel shall provide the person with information about the behavioral health crisis response system, created in section
27-60-103
, to help identify available treatment options and, if practicable, provide transportation for the person to the most appropriate facility for treatment of a substance use disorder. Information about the crisis hotline must be developed by the BHA and be provided to safe stations for distribution.
(3)
This section does not apply if safe station personnel are not available to assist a person who arrives at a safe station for disposal of a controlled substance.
(4)
As used in this section, unless the context otherwise requires, a "safe station" means any municipal police station or county sheriff's office.
Amended by 2022 Ch. 222,§45, eff. 7/1/2022.
Amended by 2021 Ch. 362,§29, eff. 6/28/2021.
Added by 2020 Ch. 288,§5, eff. 9/14/2020.
L. 2020: Entire section added, (HB 20-1017), ch. 1424, p. 1424, § 5, effective September 14. L. 2021: (4) amended, (SB 21-137), ch. 2382, p. 2382, § 29, effective June 28.
For the short title ("Behavioral Health Recovery Act of 2021") and the legislative declaration in SB 21-137, see sections 1 and 2 of chapter 362, Session Laws of Colorado 2021.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 18.5 - SUBSTANCE ABUSE PREVENTION, INTERVENTION, AND TREATMENT RESPONSE OF THE CRIMINAL JUSTICE SYSTEM (§§ 18-18.5-101 — 18-18.5-106) › Section 18-18.5-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Task force" means the state substance abuse trend and response task force established pursuant to section
18-18.5-103
.
Amended by 2013 Ch. 295,§ 2, eff. 8/7/2013.
L. 2006: Entire article added, p. 1700, § 2, effective July 1. L. 2013: (1) amended, (SB 13-244), ch. 295, p. 1577, § 2, effective August 7.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 18.5 - SUBSTANCE ABUSE PREVENTION, INTERVENTION, AND TREATMENT RESPONSE OF THE CRIMINAL JUSTICE SYSTEM (§§ 18-18.5-101 — 18-18.5-106) › Section 18-18.5-104 - Task force funding

(1)
The division of criminal justice in the department of public safety, on behalf of the task force, is authorized to receive and expend contributions, grants, services, and in-kind donations from any public or private entity for any direct or indirect costs associated with the duties and functions of the task force set forth in this article.
(2)
The task force shall, no later than August 1, 2006, identify all funding sources described in subsection (1) of this section that the task force intends to utilize for its operation through August 1, 2008.
(3)
Subject to available moneys, the task force may approve grants to recipients. In selecting grant recipients, the task force, to the extent possible, shall ensure that grants are awarded to law enforcement agencies or other applicants in a variety of geographic areas of the state.
L. 2006: Entire article added, p. 1704, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 18.5 - SUBSTANCE ABUSE PREVENTION, INTERVENTION, AND TREATMENT RESPONSE OF THE CRIMINAL JUSTICE SYSTEM (§§ 18-18.5-101 — 18-18.5-106) › Section 18-18.5-105 - Cash fund - created

(1)
(a)
All private and public funds received by the task force or the division of criminal justice in the department of public safety, on behalf of the task force, through grants, contributions, and donations pursuant to this article 18.5 shall be transmitted to the state treasurer, who shall credit the same to the substance abuse prevention, intervention, and treatment cash fund, which fund is hereby created and referred to in this section as the "fund". The money in the fund shall be subject to annual appropriation by the general assembly for the direct and indirect costs associated with the implementation of this article 18.5. All money in the fund not expended for the purpose of this article 18.5 may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of money in the fund shall be credited to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund. All unexpended and unencumbered money remaining in the fund as of September 1, 2028, shall be transferred to the general fund.
(b)
It is the intent of the general assembly that the task force and the division of criminal justice of the department of public safety, on behalf of the task force, shall not be required to solicit gifts, grants, or donations from any source and that the task force shall operate in accordance with the provisions of this article, independently of the balance in the fund.
(2)
Compensation as provided in section
18-18.5-103(7)(b)
for legislative members of the task force shall be approved by the chair of the legislative council and paid by vouchers and warrants drawn as provided by law from moneys appropriated for such purpose and allocated to the legislative council from the fund.
Amended by 2018 Ch. 167,§ 2, eff. 4/26/2018.
Amended by 2013 Ch. 295,§ 4, eff. 8/7/2013.
L. 2006: Entire article added, p. 1704, § 2, effective July 1. L. 2009: (1)(a) amended, (SB 09-231), ch. 151, p. 631, §2, effective April 20. L. 2013: (1)(a) amended, (SB 13-244), ch. 295, p. 1579, § 4, effective August 7. L. 2018: (1)(a) amended, (SB 18-071), ch. 167, p. 1141, § 2, effective April 26.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 18.5 - SUBSTANCE ABUSE PREVENTION, INTERVENTION, AND TREATMENT RESPONSE OF THE CRIMINAL JUSTICE SYSTEM (§§ 18-18.5-101 — 18-18.5-106) › Section 18-18.5-106 - Repeal of article

This article 18.5 is repealed, effective September 1, 2028.
Amended by 2018 Ch. 167,§ 3, eff. 4/26/2018.
Amended by 2013 Ch. 295,§ 5, eff. 8/7/2013.
L. 2006: Entire article added, p. 1705, § 2, effective July 1. L. 2009: Entire section amended, (SB 09-231), ch. 151, p. 632, §3, effective April 20. L. 2013: Entire section amended, (SB 13-244), ch. 295, p. 1580, § 5, effective August 7. L. 2018: Entire section amended, (SB 18-071), ch. 167, p. 1142, § 3, effective April 26.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 19 - DRUG OFFENDER SURCHARGE (§§ 18-19-101 — 18-19-104) › Section 18-19-101 - Legislative declaration

The general assembly hereby finds, determines, and declares that the use of controlled substances exacts an unacceptable toll on the fiscal resources of both state and local government and thereby increases the fiscal burden on the taxpayers of this state. It is the intent of the general assembly in enacting this article to shift the costs of controlled substance use to those persons who unlawfully traffic, possess, or use controlled substances.
L. 91: Entire article added, p. 445, § 12, effective May 29.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 19 - DRUG OFFENDER SURCHARGE (§§ 18-19-101 — 18-19-104) › Section 18-19-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Alcohol- or drug-related offender" means a person convicted of any of the following offenses or of attempt to commit any of the following offenses:
(a)
Violation of a protection order as described in section
18-1-1001 (4)
, if the protection order prohibited the possession or consumption of alcohol or controlled substances and the violation related to such provisions;
(b)
Vehicular homicide as described in section
18-3-106 (1)(b)
;
(c)
Vehicular assault as described in section
18-3-205 (1)(b)
;
(d)
Bringing alcohol beverages into the major league stadium as described in section
18-9-123 (1)(a)(I)
; or
(e)
Illegal possession or consumption of ethyl alcohol or marijuana by an underage person or illegal possession of marijuana paraphernalia by an underage person, as described in section
18-13-122
.
(1.5)
"Convicted" and "conviction" means a plea of guilty, including a plea of guilty entered pursuant to a deferred sentence under section
18-1.3-102
, or a verdict of guilty by a judge or jury, and includes a plea of no contest accepted by the court.
(2)
"Drug offender" means any person convicted of any offense under article
18
of this title or an attempt to commit such offense as provided by article
2
of this title.
Amended by 2014 Ch. 387, § 8, eff. 6/6/2014 and applicable to offenses committed on or after 7/1/2014.
L. 91: Entire article added, p. 445, § 12, effective May 29. L. 95: (2) amended, p. 1255, § 20, effective July 1. L. 2002: (1) amended, p. 1521, § 217, effective October 1. L. 2009: (1) amended and (1.5) added, (HB 09 -1119), ch. 397, p. 2147, § 5, effective 1/1/2010. L. 2014: (1)(e) amended, (SB 14-129), ch. 387, p. 1938, § 8, effective June 6.
For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 19 - DRUG OFFENDER SURCHARGE (§§ 18-19-101 — 18-19-104) › Section 18-19-103.5 - Rural alcohol and substance abuse surcharge - repeal

(1)
In addition to the surcharges established in section
18-19-103
, each drug offender and each alcohol- or drug-related offender who is convicted, or receives a deferred sentence pursuant to section
18-1.3-102
, shall be required to pay a surcharge to the clerk of the court in the county in which the conviction occurs or in which the deferred sentence is entered. The surcharge shall be in an amount determined by the judge but shall be not less than one dollar nor more than ten dollars.
(2)
The clerk of the court shall disburse the surcharge required by subsection (1) of this section as follows:
(a)
Five percent shall be deposited by the clerk in the judicial stabilization cash fund created in section
13-32-101 (6)
for purposes of administering the disbursal of the surcharge pursuant to this subsection (2);
(b)
Ninety-five percent shall be disbursed to the state treasurer who shall credit the same to the rural alcohol and substance abuse cash fund created in section
27-80-117 (3)
, C.R.S.
(3)
The minimum penalty surcharge shall be mandatory, and the court shall have no discretion to suspend or waive the surcharge; except that the court may suspend or waive the surcharge for a defendant determined by the court to be indigent.
(4)
This section is repealed, effective September 1, 2025, unless the general assembly extends the repeal of the rural alcohol and substance abuse prevention and treatment program created in section
27-80-117
.
Amended by 2022 Ch. 132, § 3, eff. 4/25/2022.
Amended by 2017 Ch. 264, § 40, eff. 5/25/2017.
L. 2009: Entire section added, (HB 09 -1119), ch. 397, p. 2148, § 6, effective 1/1/2010. L. 2010: (2)(b) and (4) amended, (SB 10 -175), ch. 188, p. 788, § 35, effective April 29. L. 2017: (4) amended, (SB 17-294), ch. 264, p. 1393, § 40, effective May 25.
Subsection 4 provides for the repeal of this section, effective July 1, 2016, unless the general assembly extends the repeal of the rural alcohol and substance abuse prevention and treatment program created in section
27-80-117
. The general assembly extended the repeal of the program until September 1, 2025, in House Bill 16-1168 and, therefore, this section is not repealed.