(1) Except as authorized by part 1 or 3 of article 42.5 of title 12, C.R.S., part 2 of article 80 of title 27, C.R.S., section 18-1-711 , section 18-18-428(1)(b) , or part 2 or 3 of this article, it is unlawful for a person knowingly to possess a controlled substance.
(2) A person who violates subsection (1) of this section by possessing:
(a) Any material, compound, mixture, or preparation that contains any quantity of flunitrazepam, ketamine, cathinones, or a controlled substance listed in schedule I or II of part 2 of this article commits a level 4 drug felony.
(b) Deleted by Laws 2013, Ch. 333, § 8, eff. Oct. 1, 2013.
(c) Any material, compound, mixture, or preparation that contains any quantity of a controlled substance listed in schedule III, IV, or V of part 2 of this article except flunitrazepam or ketamine commits a level 1 drug misdemeanor.
(3) If the circumstances described in section 18-18-428(1)(b) occur, the peace officer shall not arrest the person pursuant to this section for any minuscule, residual controlled substance that may be present in the used hypodermic needle or syringe, and the district attorney shall not charge or prosecute the person pursuant to this section for any minuscule, residual controlled substance that may be present in a used hypodermic needle or syringe. The circumstances described in section 18-18-428(1)(b) may be used as a factor in a probable cause or reasonable suspicion determination of any criminal offense if the original stop or search was lawful.
FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. For more detailed codes research information, including annotations and citations, please visit Westlaw.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.