2021 Colorado Code
Title 18 - Criminal Code
Article 18 - Uniform Controlled Substances Act of 2013
Part 4 - Offenses and Penalties
§ 18-18-425. Drug Paraphernalia - Legislative Declaration

Universal Citation: CO Code § 18-18-425 (2021)
  1. The general assembly hereby finds and declares that the possession, sale, manufacture, delivery, or advertisement of drug paraphernalia results in the legitimization and encouragement of the illegal use of controlled substances by making the drug culture more visible and enticing and that the ready availability of drug paraphernalia tends to promote, suggest, or increase the public acceptability of the illegal use of controlled substances. Therefore, the purposes of the provisions controlling drug paraphernalia are:
    1. To protect and promote the public peace, health, safety, and welfare by prohibiting the possession, sale, manufacture, and delivery, or advertisement, of drug paraphernalia; and
    2. To deter the use of controlled substances by controlling the drug paraphernalia associated with their use.

History. Source: L. 92: Entire article R&RE, p. 375, § 1, effective July 1.


Editor's note:

This section is similar to former § 12-22-501 as it existed prior to 1992.

ANNOTATION

Law reviews. For article, “Constitutional Law and Civil Rights”, see 59 Den. L.J. 239 (1982).

Annotator's note. Since § 18-18-425 is similar to § 12-22-501 as it existed prior to its repeal in 1992, relevant cases construing that provision have been included in the annotations to this section.

This part is not unconstitutionally vague on its face with regard to the issue of subjective intent. Hejira Corp. v. MacFarlane, 660 F.2d 1356 (10th Cir. 1981).

Applied in Wakabayashi v. Tooley, 648 P.2d 655 (Colo. 1982).


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