(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.
Source: 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.
ANNOTATION
A conviction under subsection (1)(a) is a "controlled substance offense" under § 4B1.2 of the United States sentencing guidelines. United States v. Thomas, 939 P.3d 1121 (10th Cir. 2019).
A conviction under subsection (1)(a) for a level 4 drug felony that was not punishable by more than one year in prison does not satisfy the prior-conviction requirements of 18 U.S.C. § 922(g)(1). There was no fact in the record of conviction that could have permitted the state court to impose a sentence above the presumptive maximum of one year's imprisonment. United States v. Davis, 137 F.4th 1140 (10th Cir. 2025).