2021 Colorado Code
Title 18 - Criminal Code
Article 18 - Uniform Controlled Substances Act of 2013
Part 4 - Offenses and Penalties
§ 18-18-429. Manufacture, Sale, or Delivery of Drug Paraphernalia - Penalty

Any person who sells or delivers, possesses with intent to sell or deliver, or manufactures with intent to sell or deliver equipment, products, or materials knowing, or under circumstances where one reasonably should know, that such equipment, products, or materials could be used as drug paraphernalia commits a level 2 drug misdemeanor.

History. Source: L. 92: Entire article R&RE, p. 378, § 1, effective July 1. L. 2013: Entire section amended,(SB 13-250), ch. 333, p. 1924, § 29, effective October 1.

This section is similar to former § 12-22-505 as it existed prior to 1992.

Annotator's note. Since § 18-18-429 is similar to § 12-22-505 as it existed prior to its repeal in 1992, relevant cases construing that provision have been included in the annotations to this section.

Constitutionality of Drug Paraphernalia Act upheld against challenge based on assertion that use of the terms “reasonably should know” and “could” were unconstitutionally vague and overbroad as used in this section. Lee v. Smith, 772 P.2d 82 (Colo. 1989).

Overbreadth analysis not applicable. Since an overbreadth analysis is appropriately employed where the legislation at issue affects constitutionally protected conduct, and since no constitutionally protected conduct was raised in challenge to Drug Paraphernalia Act, law will not be invalidated as overbroad or vague. Lee v. Smith, 772 P.2d 85 (Colo. 1989).

Knowingly. This section will be construed to require that the defendant acted “knowingly”, that is, with knowledge that the object is practically certain to be put to an illegal use in connection with a controlled substance. Lee v. Smith, 772 P.2d 82 (Colo. 1989).

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