Title 18, Criminal Code

The controlled substances listed in or to be added to the schedules in sections 18-18-203, 18-18-204, 18-18-205, 18-18-206, and 18-18-207 are listed or added by any official, common, usual, chemical, or trade name used. Source: L. 92: Entire article R&RE, p. 332, § 1, effective J…

(1) A substance shall be added to schedule I by the general assembly when: (a) The substance has high potential for abuse; (b) The substance has no currently accepted medical use in treatment in the United States; and (c) The substance lacks accepted safety for use under medical …

(1) A substance shall be added to schedule II by the general assembly when: (a) The substance has high potential for abuse; (b) The substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and (c) …

(1) A substance shall be added to schedule III by the general assembly when: (a) The substance has a potential for abuse less than the substances included in schedules I and II; (b) The substance has currently accepted medical use in treatment in the United States; and (c) The ab…

(1) A substance shall be added to schedule IV by the general assembly when: (a) The substance has a low potential for abuse relative to substances included in schedule III; (b) The substance has currently accepted medical use in treatment in the United States; and (c) The abuse o…

(1) A substance shall be added to schedule V by the general assembly when: (a) The substance has a low potential for abuse relative to substances included in schedule IV; (b) The substance has currently accepted medical use in treatment in the United States; and (c) The abuse of …

The board or the BHA may adopt rules and charge reasonable fees relating to the registration and control of the manufacture, distribution, and dispensing of controlled substances within this state. Source: L. 92: Entire article R&RE, p. 348, § 1, effective July 1. L. 2022: Entire…

(1) Every person who manufactures, distributes, or dispenses any controlled substance within this state, or who proposes to engage in the manufacture, distribution, or dispensing of any controlled substance within this state, shall obtain annually or biannually, if applicable, a …

(1) The board or BHA shall register an applicant to manufacture or distribute substances included in schedules I through V unless the board or BHA determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest,…

(1) The board or BHA may suspend or revoke a registration under section 18-18-303 to manufacture, distribute, or dispense a controlled substance upon finding that the registrant has: (a) Furnished false or fraudulent material information in any application filed under this part 3…

(1) Before denying, suspending, or revoking a registration, or refusing a renewal of registration, the board or BHA shall serve upon the applicant or registrant an order to show cause why registration should not be denied, revoked, or suspended, or the renewal refused. The order …

Persons registered to manufacture, distribute, or dispense controlled substances under this part 3 shall keep records and maintain inventories in conformance with the record keeping and inventory requirements of federal law and with any additional rules adopted by the board or BH…

A substance included in schedule I or II may be distributed by a registrant to another registrant only pursuant to an order form. Compliance with the provisions of federal law respecting order forms constitutes compliance with this section. Source: L. 92: Entire article R&RE, p. …

(1) As used in this section, "medical treatment" includes dispensing or administering a narcotic drug for pain, including intractable pain. (2) Except as provided in section 18-18-414, a person may dispense a controlled substance only as provided in this section. (3) (a) Except a…

(1) As used in this section, "diversion" means the transfer of any controlled substance from a licit to an illicit channel of distribution or use. (2) The BHA shall regularly prepare and make available to other state regulatory, licensing, and law enforcement agencies a report on…

(1) The general assembly finds, determines, and declares that: (a) The regulation of controlled substances in this state is important and necessary for the preservation of public safety and public health; (b) Meeting the public safety and public health needs of our communities de…

As used in this part 4, unless this part 4 otherwise provides or unless the context otherwise requires, terms used in this part 4 shall have the same meanings as those set forth in part 1 of this article 18. Source: L. 92: Entire article R&RE, p. 354, § 1, effective July 1. L. 20…

As used in this part 4, unless the context otherwise requires: (1) "Sale" includes a barter, an exchange, or a gift, or an offer therefor, and each such transaction made by any person, whether as the principal, proprietor, agent, servant, or employee, with or without remuneration…

(1) Except as authorized by part 1 or 3 of article 280 of title 12, part 2 of article 80 of title 27, section 18-1-711, section 18-18-428 (1)(b), part 2 or 3 of this article 18, section 18-18-434, article 170 of title 12, or article 50 of title 44, it is unlawful for a person kno…

(1) (a) Except as is otherwise provided for offenses concerning marijuana and marijuana concentrate in sections 18-18-406 and 18-18-406.5, or for natural medicine or natural medicine product in section 18-18-434, article 170 of title 12, or article 50 of title 44, any person who …

(1) (a) Except as authorized by part 1 of article 280 of title 12, part 2 of article 80 of title 27, part 2 or 3 of this article 18, section 18-18-434, article 170 of title 12, or article 50 of title 44, it is unlawful for any person knowingly to manufacture, dispense, sell, or d…

(1) (a) The sale, transfer, or dispensing of more than two and one-half pounds of marijuana or more than one pound of marijuana concentrate to a minor if the person is an adult and two years older than the minor is a level 1 drug felony subject to the mandatory sentencing provisi…

(1) Except as provided in section 25-5-427 or article 10 of title 44, it is unlawful for any person to use or possess any amount of any synthetic cannabinoid or salvia divinorum. (2) A person who violates any provision of subsection (1) of this section commits a level 2 drug misd…

(1) Except as provided in section 25-5-427 or article 10 of title 44, it is unlawful for any person knowingly to: (a) Manufacture, dispense, sell, or distribute, or to possess with intent to manufacture, dispense, sell, or distribute, any amount of any synthetic cannabinoid or sa…

(1) The general assembly hereby finds and declares that: (a) Section 14 of article XVIII of the state constitution was approved by the registered electors of this state at the 2000 general election; (b) Section 14 of article XVIII of the state constitution creates limited excepti…

(1) A person who is not licensed to sell medical marijuana or retail marijuana pursuant to article 10 of title 44, or pursuant to the laws regarding medical or retail marijuana under the laws of another state, who knowingly advertises in a newspaper, magazine, handbill, or other …

(1) A person confined in a detention facility in this state who possesses or uses marijuana commits a level 1 drug misdemeanor. (2) Repealed. (3) For purposes of this section, "detention facility" means any building, structure, enclosure, vehicle, institution, or place, whether p…

(1) It shall be unlawful for any person who is not licensed pursuant to article 10 of title 44 to knowingly manufacture marijuana concentrate using an inherently hazardous substance. (2) It shall be unlawful for any person who is not licensed pursuant to article 10 of title 44 wh…

(1) It is unlawful for a seller, retailer, or vendor to knowingly or willfully dispense, sell, or distribute a finished drug product containing any quantity of dextromethorphan to a person less than eighteen years of age. (2) (a) A seller, retailer, or vendor making a retail sale…

(1) A person who commits a felony offense pursuant to this part 4 under any one or more of the following aggravating circumstances commits a level 1 drug felony and is a special offender: (a) The defendant committed the violation as part of a pattern of manufacturing, sale, dispe…

Notwithstanding any other provision of this article, the district attorney may request the sentencing court to reduce or suspend the sentence of any individual who is convicted of a violation of section 18-18-405 or 18-18-407 (1)(e) and who provides substantial assistance in the …

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 contr…

(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 reso…

(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 pu…

(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 nonprescri…

(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…

(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 combina…

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 directi…

(1) Except as otherwise provided in this article 18 or in article 280 of title 12, the following acts are unlawful: (a) The dispensing or possession of a schedule I controlled substance except by a researcher who is registered under federal law to conduct research with that sched…

(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 o…

(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-…

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 offi…

(1) The provisions of section 18-18-414 do not apply to: (a) Agents of persons licensed under part 2 of article 80 of title 27, C.R.S., or under part 3 of this article, acting within the provisions of their licenses; or (b) Officers or employees of appropriate agencies of federal…

Sections 18-18-419 to 18-18-424 shall be known and may be cited as the "Imitation and Counterfeit Controlled Substances Act". Source: L. 92: Entire article R&RE, p. 373, § 1, effective July 1.

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 anot…

(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…