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§ 18-18-401. Legislative Declaration

The general assembly finds, determines, and declares that: The regulation of controlled substances in this state is important and necessary for the preservation of public safety and public health; Meeting the public safety and public health needs of our communities demands a collaborative effort involving primary health-care, behavioral health, criminal justice, and social service systems; […]

§ 18-18-402. Definitions – Terms Used

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. 2018: […]

§ 18-18-403. Additional Definition

As used in this part 4, unless the context otherwise requires: “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. Source: L. 92: Entire article R&RE, p. 354, § 1, […]

§ 18-18-403.5. Unlawful Possession of a Controlled Substance

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), or part 2 or 3 of this article 18, it is unlawful for a person knowingly to possess a controlled substance. On or after March 1, 2020, a […]

§ 18-18-404. Unlawful Use of a Controlled Substance

Except as is otherwise provided for offenses concerning marijuana and marijuana concentrate in sections 18-18-406 and 18-18-406.5, any person who uses any controlled substance, except when it is dispensed by or under the direction of a person licensed or authorized by law to prescribe, administer, or dispense the controlled substance for bona fide medical needs, […]

§ 18-18-405. Unlawful Distribution, Manufacturing, Dispensing, or Sale

Except as authorized by part 1 of article 280 of title 12, part 2 of article 80 of title 27, or part 2 or 3 of this article 18, it is unlawful for any person knowingly to manufacture, dispense, sell, or distribute, or to possess with intent to manufacture, dispense, sell, or distribute, a controlled […]

§ 18-18-406.2. Unlawful Distribution, Manufacturing, Dispensing, Sale, or Cultivation of Synthetic Cannabinoids or Salvia Divinorum

It is unlawful for any person knowingly to: Manufacture, dispense, sell, or distribute, or to possess with intent to manufacture, dispense, sell, or distribute, any amount of any synthetic cannabinoid or salvia divinorum; Induce, attempt to induce, or conspire with one or more other persons, to manufacture, dispense, sell, distribute, or possess with intent to […]

§ 18-18-406.3. Medical Use of Marijuana by Persons Diagnosed With Debilitating Medical Conditions – Unlawful Acts – Penalty – Medical Marijuana Program Cash Fund

The general assembly hereby finds and declares that: Section 14 of article XVIII of the state constitution was approved by the registered electors of this state at the 2000 general election; Section 14 of article XVIII of the state constitution creates limited exceptions to the criminal laws of this state for patients, primary care givers, […]

§ 18-18-406.4. Unlawful Advertising of Marijuana – Exception

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 publication or on the internet the unlawful sale of […]

§ 18-18-406.5. Unlawful Use of Marijuana in a Detention Facility

A person confined in a detention facility in this state who possesses or uses marijuana commits a level 1 drug misdemeanor. Repealed. For purposes of this section, “detention facility” means any building, structure, enclosure, vehicle, institution, or place, whether permanent or temporary, fixed or mobile, where persons are or may be lawfully held in custody […]

§ 18-18-406.6. Extraction of Marijuana Concentrate – Definitions

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. It shall be unlawful for any person who is not licensed pursuant to article 10 of title 44 who owns, manages, operates, or otherwise controls the use […]

§ 18-18-407. Special Offender – Definitions

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: The defendant committed the violation as part of a pattern of manufacturing, sale, dispensing, or distributing controlled substances, which violation is a […]

§ 18-18-409. Reduction or Suspension of Sentence for Providing Substantial Assistance

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 identification, arrest, or conviction of any person for a violation of this […]

§ 18-18-410. Declaration of Class 1 Public Nuisance

Any store, shop, warehouse, dwelling house, building, vehicle, boat, or aircraft or any place whatsoever which 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 […]

§ 18-18-411. Keeping, Maintaining, Controlling, Renting, or Making Available Property for Unlawful Distribution or Manufacture of Controlled Substances

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 […]

§ 18-18-412. Abusing Toxic Vapors – Prohibited

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 […]

§ 18-18-412.5. Unlawful Possession of Materials to Make Methamphetamine and Amphetamine – Penalty

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. Notwithstanding […]