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.
Source: L. 92: Entire article R&RE, p. 365, � 1, effective July 1. Initiated 2022: Entire section amended, Proposition 122, L. 2022, effective upon proclamation of the Governor, December 27, 2022. L. 2023: Entire section amended, (SB 23-290), ch. 249, p. 1412, � 27, effective July 1.
Editor's note: (1) This section is similar to former � 18-18-108 as it existed prior to 1992.
(2) This section was amended by Proposition 122, with the proclamation of the governor on December 27, 2022. The vote count for the measure at the general election held November 8, 2022, was as follows:
FOR: 1,296,992
AGAINST: 1,121,124
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.
Source: 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. Initiated 2022: (5) added, Proposition 122, L. 2022, effective upon proclamation of the Governor, December 27, 2022. L. 2023: (3.5) added and (5) repealed, (SB 23-290), ch. 249, p. 1412, � 28, effective July 1.
Editor's note: Subsection (5) was added by Proposition 122, with the proclamation of the governor on December 27, 2022. The vote count for the measure at the general election held November 8, 2022, was as follows:
FOR: 1,296,992
AGAINST: 1,121,124