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033. COLORADO CRIMINAL CODE – CRIMES INVOLVING CONTROLLED SUBSTANCES (DRUG CRIMES)

UNIFORM CONTROLLED SUBSTANCES ACT OF 1992

The Colorado Crime of Unlawful possession of a controlled substance  18-18-403.5 (2) (c)

Possession of any material, compound, mixture, or preparation that contains any quantity of a controlled substance listed in schedule III, IV, or V of Part 2 of Article 18 of Title 18 is a class 1 misdemeanor, except for possession of flunitrazepam or ketamine. 18-18-403.5 (2) (c)

Possession of any material, compound, mixture, or preparation weighing four grams or less that contains any quantity of flunitrazepam, ketamine, or a controlled substance listed in schedule I or II of Part 2 of Article 18 of Title 18 is a class 6 felony. 18-18-403.5 (1) (a) (I)

Possession of any material, compound, mixture, or preparation weighing two grams or less that contains any quantity of methamphetamine is a class 6 felony. 18-18-403.5 (2) (b) (I)

Possession of any material, compound, mixture, or preparation weighing more than two grams that contains any quantity of methamphetamine is a class 4 felony. 18-18-403.5 (2) (b) (II)

Possession of any material, compound, mixture, or preparation weighing more than four grams that contains any quantity of flunitrazepam, ketamine, or a controlled substance listed in schedule I or II of Part 2 of Article 18 of Title 18 is a class 4 felony. 18-18-403.5 (2) (a) (II)

The Colorado Crime of Unlawful use of a controlled substance  18-18-404

Any person who uses any controlled substance (other than marijuana), except when it is dispensed by or under the discretion of a person licensed or authorized by law to prescribe, administer, or dispense the controlled substance for bona fide medical needs, commits a class 2 misdemeanor. 18-18-404 (1) (a)

The Colorado Crime of Unlawful distribution, manufacturing, dispensing, sale, or possession of Controlled Substance   18-18-405

Any person who knowingly manufactures, dispenses, sells, or distributes, or possesses with the intent to manufacture, dispense, sell, or distribute, a controlled substance listed in schedule V of Part 2 of Article 18 of Title 18; or induces, attempts to induce, or conspires with one or more persons to manufacture, dispense, sell, distribute, or possess with intent to manufacture, dispense, sell, or distribute such a controlled substance; or possesses one or more chemicals, supplies, or pieces of equipment with the intent to manufacture such a controlled substance, commits a class 1 misdemeanor. 18-18-405 (2) (a) (IV) (A)

Unlawful distribution, manufacture, dispensing, sale, or possession of a controlled substance listed in schedule IV of Part 2 of Article 18 of Title 18 is a class 5 felony. 18-18-405 (2) (a) (III) (A)

A second or subsequent offense of unlawful distribution, manufacture, dispensing, sale, or possession of a controlled substance listed in schedule V of Part 2 of Article 18 of Title 18 is a class 5 felony. 18-18-405 (2) (a) (IV) (B)

Unlawful distribution, manufacture, dispensing, sale, or possession of a controlled substance listed in schedule III of Part 2 of Article 18 of Title 18 is a class 4 felony. 18-18-405 (2) (a) (II) (A)

A second or subsequent offense of unlawful distribution, manufacture, dispensing, sale, or possession of a controlled substance listed in schedule IV of Part 2 of Article 18 of Title 18 is a class 4 felony. 18-18-405 (2) (a) (III) (B)

Unlawful distribution, manufacture, dispensing, sale, or possession of a controlled substance listed in schedule I or II of Part 2 of Article 18 of Title 18 is a class 3 felony. 18-18-405 (2) (a) (I) (A)

A second or subsequent offense of unlawful distribution, manufacture, dispensing, sale, or possession of a controlled substance listed in schedule III of Part 2 of Article 18 of Title 18 is a class 3 felony. 18-18-405 (2) (a) (II) (B)

Unlawful distribution, manufacture, dispensing, sale, or possession of flunitrazepam or ketamine is a class 3 felony. 18-18-405 (2.5) (a)

A second or subsequent offense of unlawful distribution, manufacture, dispensing, sale, or possession of a controlled substance listed in schedule I or II of Part 2 of Article 18 of Title 18 is a class 2 felony. 18-18-405 (2) (a) (I) (B)

A second or subsequent offense of unlawful distribution, manufacture, dispensing, sale, or possession of flunitrazepam or ketamine is a class 2 felony. 18-18-405 (2.5) (a)

Colorado Crimes and Offenses Relating to Marijuana

Colorado Crimes or Offenses relating to marijuana and marijuana concentrate  18-18-406 (2)

A person arrested for possessing two ounces or less of marijuana, in order to secure release from arrest or detention, is required to promise in writing to appear in court. Any person who does not honor such a written promise commits a class 3 misdemeanor. 18-18-406 (2)

Any person who possesses more than two ounces but less than six ounces of marijuana commits a class 2 misdemeanor. 18-18-406 (4) (a) (I)

Any person who possesses more than six ounces but less than 12 ounces of marijuana, or who possesses three ounces or less of marijuana concentrate, commits a class 1 misdemeanor. 18-18-406 (4) (b) (I)

Any person who knowingly and without lawful authorization cultivates, grows, or produces six or fewer marijuana plants or who knowingly allows six or fewer marijuana plants to be cultivated, grown, or produced on land that the person owns, occupies, or controls commits a class 1 misdemeanor. 18-18-406 (7.5) (a)

Any person who possesses more than 12 ounces of marijuana or more than three ounces of marijuana concentrate commits a class 6 felony. 18-18-406 (4) (c)

Any person who knowingly dispenses, sells, distributes, or possesses with the intent to manufacture, dispense, sell, or distribute less than five pounds of marijuana or less than one pound of marijuana concentrate; or attempts, induces, attempts to induce, or conspires with another person to dispense, sell, distribute, or possess with the intent to manufacture, dispense, sell, or distribute less than five pounds of marijuana or less than one pound of marijuana concentrate commits a class 5 felony. 18-18-406 (6) (b) (III) (A)

Any person who unlawfully cultivates, grows, or produces more than six, but fewer than 30, marijuana plants or knowingly allows more than six, but fewer than 30, marijuana plants to be unlawfully  cultivated, grown, or produced on land that the person owns, occupies, or controls commits a class 5 felony. 18-18-406 (7.5) (b)

Any person who knowingly processes or manufactures any marijuana or marijuana concentrate or who knowingly allows marijuana or marijuana concentrate to be processed or manufactured on land  owned, occupied, or controlled by the person commits a class 4 felony. 18-18-406 (6) (a) (II) (A)

Any person who knowingly dispenses, sells, distributes, or possesses with the intent to manufacture, dispense, sell, or distribute at least five pounds, but not more than 100 pounds, of marijuana or at least one pound, but not more than 100 pounds, of marijuana concentrate; or attempts, induces, attempts to induce, or conspires with another person to dispense, sell, distribute, or possess with the intent to manufacture, dispense, sell, or distribute at least five pounds, but not more than 100 pounds, of marijuana or at least one pound, but not more than 100 pounds, of marijuana concentrate, commits a class 4 felony. 18-18-406 (6) (b) (III) (B)

Any person who is at least 18 years of age who sells, transfers, or dispenses more than two ounces, but less than five pounds of marijuana for consideration to any person between the ages of 15 and 18 or less than one pound of marijuana concentrate, with or without consideration, to another person who is under the age of 18 commits a class 4 felony. 18-18-406 (7) (a)

Any person who unlawfully cultivates, grows, or produces more than 30 marijuana plants or knowingly allows more than 30 marijuana plants to be unlawfully cultivated, grown, or produced on land that the person owns, occupies, or controls commits a class 4 felony. 18-18-406 (7.5) (c)

A second or subsequent violation of the offenses related to processing, manufacturing, dispensing, selling, or distributing marijuana or marijuana concentrate is a class 3 felony. 18-18-406 (6) (a) (II) (B), (6) (b) (III) (D), and (7)(d)

Any person who knowingly dispenses, sells, distributes, or possesses with the intent to manufacture, dispense, sell, or distribute more than 100 pounds of marijuana or marijuana concentrate; or attempts, induces, attempts to induce, or conspires with another person to dispense, sell, distribute, or possess with the intent to manufacture, dispense, sell, or distribute more than 100 pounds of marijuana or marijuana concentrate, commits a class 3 felony. 18-18-406 (6) (b) (III) (C)

Any person who is at least 18 years of age who sells, transfers, or dispenses more than five pounds of marijuana or more than one pound of marijuana concentrate to any person between the ages of 15 and 18 commits a class 3 felony. 18-18-406 (7) (b)

Any person who is at least 18 years of age who sells, transfers, or dispenses any amount of marijuana or marijuana concentrate, with or without consideration, to any person under 15 years of age commits a  class 3 felony. 18-18-406 (7) (c)

Understanding Colorado Laws Regarding the Medical use of marijuana  18-18-406.3 (2) (a)

Fraudulently representing a medical condition for the purpose of falsely obtaining a marijuana registry identification card, or for the purpose of avoiding arrest and prosecution for a marijuana-related offense, is a class 1 misdemeanor. 18-18-406.3 (2) (a)

Fraudulent use or theft of any person’s marijuana registry identification card is a class 1 misdemeanor. 18-18-406.3 (3)

Fraudulently producing, counterfeiting, or tampering with one or more marijuana registry cards is a class 1 misdemeanor. 18-18-406.3 (4)

Releasing or making public, without written authorization of the marijuana registry patient involved, any confidential record or any confidential information contained in any such record that is provided to or by the marijuana registry is a class 1 misdemeanor. 18-18-406.3 (5)

The Colorado Crime of the Unlawful use of marijuana in a detention facility 18-18-406.5 (1)

Any person confined in any detention facility who possesses or uses up to eight ounces of marijuana commits a class 6 felony. 18-18-406.5 (1)

A second or subsequent offense of unlawful use of marijuana in a detention facility, where both the initial and subsequent offenses involved more than one ounce of marijuana, is a class 5 felony. 18-18-406.5 (1)

Other Colorado Drug Violations . 18-18-411 (4)

Property related to unlawful distribution or manufacture of controlled substances. Keeping, maintaining, controlling, renting, or making available property for the unlawful distribution or manufacture of controlled substances is a class 1 misdemeanor. 18-18-411 (4)

The Colorado Crime of the Unlawful possession of materials to make methamphetamine and amphetamine  18-18-412.5 (3)

Any person who possesses ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers with the intent to use such product to make any controlled substance commits a class 3 felony. 18-18-412.5 (3)

The Colorado Crimes of the Unlawful sale or distribution of materials to manufacture controlled substances. 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 commits a class 3 felony. 18-18-412.7 (2)

The Colorado Crimes fo the Retail sale of methamphetamine precursor drugs 18-18-412.8 (3) (a)

Knowing violation of any of the provisions regarding the retail sale or purchase of methamphetamine precursor drugs is a class 2 misdemeanor. 18-18-412.8 (3) (a)

The Colorado Crimes of Unlawful acts Relating to Controlled Substances  18-18-414 (1) (o)

A person commits a class 4 felony if he or she knowingly transfers drug precursors to any person who uses them for an unlawful activity. 18-18-414 (1) (o)

A person commits a class 4 felony if he or she knowingly obtains or attempts to obtain possession of a drug precursor by fraudulent means. 18-18-414 (1) (q)

A person commits a class 4 felony if he or she knowingly furnishesfraudulent material information in or omits any material information from any document required by the Uniform Controlled Substances Act of 1992 or the Colorado Licensing of Controlled Substances Act. 18-18-414 (1) (r)

A person commits a class 4 felony if he or she refuses entry into any premises for any inspection authorized by the Uniform Controlled Substances Act of 1992 or the Colorado Licensing of Controlled Substances Act. 18-18-414 (1) (t)

Colorado Crimes Regarding Fraud and deceit related to Controlled Sunstances 18-18-415 (2) (a)

Violation of the provisions of section 18-18-415 regarding obtaining controlled substances by  fraudulent means is a class 6 felony. 18-18-415 (2) (a)

Colorado Crimes Regarding Controlled substances – inducing consumption by fraudulent means. 18-18-416 (2)

A person who causes another person to unknowingly consume or receive the direct administration of any controlled substance, with the exception of lawful medical care, through fraudulent means  commits a class 4 felony. 18-18-416 (2)

Colorado Crimes Regarding Imitation controlled substances 18-18-422 (3) (b)

Any person who places in any publication or who publicly posts or distributes an advertisement that he or she knows will promote the distribution of imitation controlled substances commits a class 1  misdemeanor. 18-18-422 (3) (b)

Any person who manufactures, distributes, or possesses with the intent to distribute an imitation  controlled substance commits a class 5 felony. 18-18-422 (1) (b) (I)

A second or subsequent offense of manufacturing, distributing, or possessing with the intent to distribute an imitation controlled substance is a class 4 felony. 18-18-422 (1) (b) (II)

A person 18 years of age or older who distributes an imitation controlled substance to a person under the age of 18 commits a class 4 felony. 18-18-422 (2) (b) (I)

A second or subsequent offense (by one who is 18 years of age or older) of distributing an imitation controlled substance to a person under the age of 18 is a class 3 felony.18-18-422 (2) (b) (II)

Colorado Crimes Regarding Counterfeit substances 18-18-423 (3)

Knowingly manufacturing, delivering, or possessing a counterfeit controlled substance or intentionally making, distributing, or possessing any equipment designed to reproduce a counterfeit controlled substance is a class 5 felony. 18-18-423 (3)

Colorado Crimes Regarding Drug paraphernalia 18-18-429

Selling, delivering, or possessing or manufacturing with the intent to sell or deliver, any equipment knowing or while reasonably expected to know that such equipment could be used as drug paraphernalia is a class 2 misdemeanor. 18-18-429

Colorado Crimes Regarding Advertisements of drug paraphernalia 18-18-430

Placing an advertisement in any publication with the intent to promote the sale of drug paraphernalia is a class 2 misdemeanor. 18-18-430

  

 


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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
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