(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.
Source: L. 92: Entire article R&RE, p. 366, � 1, effective July 1. L. 96: (5) amended, p. 1693, � 29, effective January 1, 1997. L. 2013: (2) amended, (SB 13-250), ch. 333, p. 1922, � 18, effective October 1. L. 2019: (2) amended, (HB 19-1263), ch. 291, p. 2678, � 3, effective March 1, 2020. L. 2021: (5) amended, (SB 21-059), ch. 136, p. 725, � 59, effective October 1.
Editor's note: This section is similar to former � 18-18-111 as it existed prior to 1992.
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.
Source: 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.
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.
Source: L. 2003: Entire section added, p. 2387, � 2, effective July 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. Initiated 2022: (3) added, Proposition 122, L. 2022, effective upon proclamation of the Governor, December 27, 2022. L. 2023: (1.5) added and (3) repealed, (SB 23-290), ch. 249, p. 1413, � 29, effective July 1.
Editor's note: Subsection (3) 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
Cross references: For the legislative declaration contained in the 2003 act enacting this section, see section 1 of chapter 360, Session Laws of Colorado 2003.
18-18-412.8. Retail sale of methamphetamine precursor drugs - unlawful acts - penalty.
(1) (Deleted by amendment, L. 2006, p. 1705, � 3, effective July 1, 2006.)
(2) (a) A person may not knowingly deliver in or from a store to the same individual during any twenty-four-hour period more than three and six-tenths grams of a methamphetamine precursor drug or a combination of two or more methamphetamine precursor drugs.
(b) A person may not purchase more than three and six-tenths grams of a methamphetamine precursor drug or a combination of two or more methamphetamine precursor drugs during any twenty-four-hour period.
(c) It is unlawful for a methamphetamine precursor drug that is offered for retail sale in or from a store to be offered for sale or stored or displayed prior to sale in an area of the store to which the public is allowed access.
(2.5) (a) A person may not deliver in a retail sale in or from a store a methamphetamine precursor drug to a minor under eighteen years of age.
(b) It shall be an affirmative defense to a prosecution under this subsection (2.5) that the person performing the retail sale was presented with and reasonably relied upon a document that identified the person receiving the methamphetamine precursor drug as being eighteen years of age or older.
(3) (a) A person who knowingly violates a provision of this section commits a level 2 drug misdemeanor and, upon conviction, shall be punished as provided in section 18-1.3-501.
(b) A person who is an owner, operator, manager, or supervisor at a store in which, or from which, a retail sale of a methamphetamine precursor drug in violation of this section is made shall not be liable under this section if he or she:
(I) Did not have knowledge of the sale; and
(II) Did not participate in the sale; and
(III) Did not knowingly direct the person making the sale to commit a violation of this section.
(4) For purposes of this section:
(a) (I) Except as otherwise provided in subparagraph (II) of this paragraph (a), methamphetamine precursor drug means ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, isomers, or salts of isomers.
(II) Methamphetamine precursor drug does not include a substance contained in any package or container that is labeled by the manufacturer as intended for pediatric use.
(b) Person means an individual who owns, operates, is employed by, or is an agent of a store.
(c) Store means any establishment primarily engaged in the sale of goods at retail.
(5) Nothing in this section shall be construed to restrict the discretion of a district attorney to bring charges under this section against a person who also is charged with violating section 18-18-412.7.
Source: L. 2005: Entire section added, p. 606, � 2, effective July 1. L. 2006: (1) and (2) amended and (2.5) added, p. 1705, � 3, effective July 1. L. 2013: (3)(a) amended, (SB 13-250), ch. 333, p. 1922, � 21, effective October 1.
Cross references: For the legislative declaration contained in the 2005 act enacting this section, see section 1 of chapter 172, Session Laws of Colorado 2005. For the legislative declaration contained in the 2006 act amending subsections (1) and (2) and enacting subsection (2.5), see section 1 of chapter 341, Session Laws of Colorado 2006.