2020 Colorado Revised Statutes
Title 18 - Criminal Code
Article 18. Uniform Controlled Substances Act of 2013
Section 18-18-406. Offenses relating to marijuana and marijuana concentrate - definitions.

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 provision in section 18-1.3-401.5 (7).

   2. The sale, transfer, or dispensing of more than six ounces, but not more than two andone-half pounds of marijuana or more than three ounces, but not 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 2 drug felony.

   3. The sale, transfer, or dispensing of more than one ounce, but not more than six ounces of marijuana or more than one-half ounce, but not more than three ounces, of marijuana concentrate to a minor if the person is an adult and two years older than the minor is a level 3 drug felony.

   4. The sale, transfer, or dispensing of not more than one ounce of marijuana or not morethan one-half ounce of marijuana concentrate to a minor if the person is an adult and two years older than the minor is a level 4 drug felony.

2. (a) (I) It is unlawful for a person to knowingly process or manufacture any marijuana or marijuana concentrate or knowingly allow to be processed or manufactured on land owned, occupied, or controlled by him or her any marijuana or marijuana concentrate except as authorized pursuant to part 1 of article 280 of title 12 or part 2 of article 80 of title 27.

(II) A person who violates the provisions of subparagraph (I) of this paragraph (a) commits a level 3 drug felony.

(b) (I) Except as otherwise provided in subsection (7) of this section and 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 a person to knowingly dispense, sell, distribute, or possess with intent to manufacture, dispense, sell, or distribute marijuana or marijuana concentrate; or attempt, induce, attempt to induce, or conspire with one or more other persons, to dispense, sell, distribute, or possess with intent to manufacture, dispense, sell, or distribute marijuana or marijuana concentrate.

2. As used in subsection (2)(b)(I) of this section, "dispense" does not include labeling,as defined in section 12-280-103 (23).

3. A person who violates any of the provisions of subparagraph (I) of this paragraph(b) commits:

1. A level 1 drug felony and is subject to the mandatory sentencing provision in section18-1.3-401.5 (7) if the amount of marijuana is more than fifty pounds or the amount of marijuana concentrate is more than twenty-five pounds;

2. A level 2 drug felony if the amount of marijuana is more than five pounds but notmore than fifty pounds or the amount of marijuana concentrate is more than two and one-half pounds but not more than twenty-five pounds;

3. A level 3 drug felony if the amount is more than twelve ounces but not more thanfive pounds of marijuana or more than six ounces but not more than two and one-half pounds of marijuana concentrate;

4. A level 4 drug felony if the amount is more than four ounces, but not more thantwelve ounces of marijuana or more than two ounces but not more than six ounces of marijuana concentrate; or

5. A level 1 drug misdemeanor if the amount is not more than four ounces of marijuanaor not more than two ounces of marijuana concentrate.

3. (a) (I) It is unlawful for a person to knowingly cultivate, grow, or produce a marijuana plant or knowingly allow a marijuana plant to be cultivated, grown, or produced on land that the person owns, occupies, or controls.

(II) (A) Regardless of whether the plants are for medical or recreational use, it is unlawful for a person to knowingly cultivate, grow, or produce more than twelve marijuana plants on or in a residential property; or to knowingly allow more than twelve marijuana plants to be cultivated, grown, or produced on or in a residential property.

(B) Except as provided in section 25-1.5-106 (8.5)(a.5)(I) or section 25-1.5-106 (8.6)(a)(I.5) for a medical marijuana patient or a primary caregiver with a twenty-fourmarijuana-plant-count exception to subsection (3)(a)(II)(A) of this section, it is not a violation of subsection (3)(a)(II)(A) of this section if a county, municipality, or city and county law expressly permits the cultivation, growth, or production of more than twelve marijuana plants on or in a residential property and the person is cultivating, growing, or producing the plants in an enclosed and locked space and within the limit set by the county, municipality, or city and county where the plants are located.

(III) A person who violates the provisions of subsection (3)(a)(I) of this section commits:

1. A level 3 drug felony if the offense involves more than thirty plants;

2. A level 4 drug felony if the offense involves more than six but not more than thirtyplants; or

3. A level 1 drug misdemeanor if the offense involves not more than six plants.

(IV) A person who violates the provisions of subsection (3)(a)(II)(A) of this section commits:

1. A level 1 drug petty offense for a first offense if the offense involves more thantwelve plants, and, upon conviction, shall be punished by a fine of up to one thousand dollars;

2. A level 1 drug misdemeanor for a second or subsequent offense if the offense involves more than twelve but not more than twenty-four plants; or

3. A level 3 drug felony for a second or subsequent offense if the offense involvesmore than twenty-four plants.

(V) Prosecution under subsection (3)(a)(II)(A) of this section does not prohibit prosecution under any other section of law.

(b) It is not a violation of this subsection (3) if:

1. The person is lawfully cultivating medical marijuana pursuant to the authority granted in section 14 of article XVIII of the state constitution in an enclosed and locked space;

2. The person is lawfully cultivating marijuana in an enclosed and locked space pursuant to the authority granted in section 16 of article XVIII of the state constitution; except that, if the cultivation area is located in a residence and:

1. A person under twenty-one years of age lives at the residence, the cultivation areaitself must be enclosed and locked; and

2. If no person under twenty-one years of age lives at the residence, the external locksof the residence constitutes an enclosed and locked space. If a person under twenty-one years of age enters the residence, the person must ensure that access to the cultivation site is reasonably restricted for the duration of that person's presence in the residence.

(c) For purposes of this subsection (3):

1. "Flowering" means the reproductive state of the cannabis plant in which there arephysical signs of flower budding out of the nodes in the stem.

2. "Plant" means any cannabis plant in a cultivating medium which plant is more thanfour inches wide or four inches high or a flowering cannabis plant regardless of the plant's size.

3. "Residential property" means a single unit providing complete independent livingfacilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. "Residential property" also includes the real property surrounding a structure, owned in common with the structure, that includes one or more single units providing complete independent living facilities.

(3.5) A person is not in compliance with the authority to assist another individual granted in section 14 (2)(b) or section 16 (3)(e) of article XVIII of the state constitution and is subject to the offenses and penalties of subsection (3) of this section if the person possesses any marijuana plant he or she is growing on behalf of another individual, unless he or she is the primary caregiver for the individual and is in compliance with the requirements of section 251.5-106.

4. On or after March 1, 2020:

1. Repealed.

2. A person who possesses more than six ounces of marijuana or more than three ounces of marijuana concentrate commits a level 1 drug misdemeanor.

3. A person who possesses more than two ounces of marijuana but not more than sixounces of marijuana or not more than three ounces of marijuana concentrate commits a level 2 drug misdemeanor.

(5) (a) (I) Except as described in section 18-1-711, a person who possesses not more than two ounces of marijuana commits a drug petty offense and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars.

(II) Whenever a person is detained for a violation of subsection (5)(a)(I) of this section committed on or after March 1, 2020, the detaining officer shall prepare a written notice or summons for the person to appear in court. The written notice or summons must contain the name and address of the person; the date, time, and place where such person shall appear; and a place for the signature of the person indicating the person's written promise to appear on the date and at the time and place indicated on the notice or summons. One copy of the notice or summons must be given to the person, one copy must be sent to the court where the person is to appear, and such other copies as may be required by the law enforcement agency employing the officer must be sent to the places designated by such law enforcement agency. The date specified in the notice or summons to appear must be at least seven days after the issuance of the notice or summons. The place specified in the notice or summons to appear must be before a judge having jurisdiction of the drug petty offense within the county in which the drug petty offense charged is alleged to have been committed. If the person fails to appear in response to the notice or summons, the court, in its discretion, may issue a warrant for the arrest of the person or an order to show cause requiring the person's appearance in court.

(b) (I) Except as described in section 18-1-711, a person who openly and publicly displays, consumes, or uses two ounces or less of marijuana commits a drug petty offense and, upon conviction thereof, shall be punished by a fine of up to one hundred dollars and up to twenty-four hours of community service.

2. Open and public display, consumption, or use of more than two ounces of marijuanaor any amount of marijuana concentrate is deemed possession thereof, and violations shall be punished as provided for in subsection (4) of this section.

3. Except as otherwise provided for in subparagraph (I) of this paragraph (b), consumption or use of marijuana or marijuana concentrate is deemed possession thereof, and violations must be punished as provided for in paragraph (a) of this subsection (5) and subsection (4) of this section.

4. Public display, consumption, or use of marijuana or marijuana concentrate pursuantto the provisions of section 44-10-609, when such display, consumption, or use is within the licensed premises of a marijuana hospitality business licensed pursuant to section 44-10-609, is not a violation of this subsection (5).

5. Public display, consumption, or use of retail marijuana or retail marijuana concentrate pursuant to the provisions of section 44-10-610, when such display, consumption, or use is within the licensed premises of a retail marijuana hospitality and sales business licensed pursuant to section 44-10-610 and when an individual's display, consumption, or use does not exceed the sales limit established by the state licensing authority by rule pursuant to section 4410-203 (2)(ff)(II), is not a violation of this subsection (5).

(c) Transferring or dispensing not more than two ounces of marijuana from one person to another for no consideration is a drug petty offense and is not deemed dispensing or sale thereof.

(5.5) (a) It is unlawful for a person to transfer marijuana or marijuana concentrate at no cost to a person if the transfer is in any way related to remuneration for any other service or product.

(b) A violation of this subsection (5.5) is a level 1 drug misdemeanor.

6. The provisions of this section do not apply to any person who possesses, uses, prescribes, dispenses, or administers any drug classified under group C guidelines of the national cancer institute, as amended, approved by the federal food and drug administration.

7. The provisions of this section do not apply to any person who possesses, uses, prescribes, dispenses, or administers dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a federal food and drug administration approved drug product, pursuant to part 1 of article 280 of title 12 or part 2 of article 80 of title 27.

Source: L. 92: Entire article R&RE, p. 358, § 1, effective July 1. L. 95: (10) amended, p. 206, § 21, effective April 13. L. 98: (12) added, p. 1436, § 6, effective July 1. L. 2000: (12) amended, p. 1360, § 43, effective July 1, 2001. L. 2002: (4)(a)(II), (4)(b)(II), (7)(c),

(8)(a)(II)(B), (8)(b)(III)(B), and (12) amended, pp. 1580, 1583, §§ 5, 14, effective July 1; (3)(a)(I), (7)(a), (7)(b), and (7)(c) amended, p. 1519, § 213, effective October 1. L. 2003: (7)(c) and (9) amended, p. 1428, § 12, effective April 29. L. 2009: (12) repealed, (HB 09-1266), ch. 347, p. 1815, § 6, effective August 5. L. 2010: (1), (3), (4), (5), (6), (7), and (8) amended and (7.5) added, (HB 10-1352), ch. 259, p. 1166, § 6, effective August 11. L. 2011: (3)(a)(II) and

(3)(b) amended, (HB 11-1303), ch. 264, p. 1157, § 35, effective August 10. L. 2012: (1) and (3)(a)(I) amended, (SB 12-020), ch. 225, p. 988, § 6, effective May 29; (2) amended, (SB 12175), ch. 208, p. 874, § 133, effective July 1; (6)(a)(I), (6)(b)(I), (6)(b)(II), and (11) amended,

(HB 12-1311), ch. 281, p. 1622, § 56, effective July 1. L. 2013: Entire section R&RE, (SB 13-

250), ch. 333, p. 1913, § 11, effective October 1. L. 2014: (3) amended, (HB 14-1122), ch. 39, p. 201, § 5, effective March 17. L. 2016: (3)(b)(I) amended, (SB 16-080), ch. 247, p. 1017, § 1, effective June 8; (5.5) added, (HB 16-1261), ch. 338, p. 1378, § 11, effective June 10. L. 2017: (3.5) added, (HB 17-1221), ch. 401, p. 2091, § 2, effective July 1; (3)(a) amended and (3)(c) added, (HB 17-1220), ch. 402, p. 2095, § 2, effective January 1, 2018. L. 2019: (5)(b)(IV) and

(5)(b)(V) added, (HB 19-1230), ch. 340, p. 3116, § 9, effective August 2; (2)(a)(I), (2)(b)(I),

(2)(b)(II), and (7) amended, (HB 19-1172), ch. 136, p. 1679, § 107, effective October 1; (5)(b)(IV) and (5)(b)(V) amended, (HB 19-1230), ch. 340, p. 3127, § 23, effective January 1, 2020; (4) and (5)(a)(II) amended, (HB 19-1263), ch. 291, p. 2677, § 2, effective March 1, 2020.

Editor's note: (1) This section is similar to former § 18-18-106 as it existed prior to 1992.

2. Amendments to subsection (7)(c) by House Bill 02-1237 and House Bill 02-1046 were harmonized.

3. Subsection (4)(a)(II) provided for the repeal of subsection (4)(a), effective March 1,2020. (See L. 2019, p. 2677.)

Cross references: For the legislative declaration contained in the 2002 act amending subsections (3)(a)(I), (7)(a), (7)(b), and (7)(c), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in the 2012 act amending subsections (1) and (3)(a)(I), see section 1 of chapter 225, Session Laws of Colorado 2012. For the legislative declaration in HB 17-1221, see section 1 of chapter 401, Session Laws of Colorado 2017. For the legislative declaration in HB 17-1220, see section 1 of chapter 402, Session Laws of Colorado 2017.