2021 Colorado Code
Title 18 - Criminal Code
Article 18 - Uniform Controlled Substances Act of 2013
Part 4 - Offenses and Penalties
§ 18-18-431. Defenses
The common law defense known as the “procuring agent defense” is not a defense to any crime in this title.
History. Source: L. 92: Entire article R&RE, p. 378, § 1, effective July 1.
Editor's note:
This section is similar to former § 12-22-324 as it existed prior to 1992.
ANNOTATIONAnnotator's note. Since this section is similar to § 18-18-110 as it existed prior to the repeal and reenactment of this article in 1992, a relevant case construing that provision has been included in the annotations to this section.
Where the information charged the defendant with “sale and distribution” of a controlled substance, and although the verdict found that he “sold or distributed” such a substance, thereby charging and sustaining only one offense, the trial court properly instructed the jury as to the elements of the crime of sale or distribution of cocaine and as to the pertinent definition of distribution, its refusal to instruct on the “procuring agent” defense was not error. People v. Farris, 812 P.2d 654 (Colo. 1991).
Cases relied on by the defendant all involved charges for sale or conspiracy to sell narcotic drugs under the old statute rather than for distribution of drugs after the enactment of the Colorado Controlled Substances Act in 1981 and are distinguishable under the rationale expressed in People v. Dinkel (189 Colo. 404 , 541 P.2d 898 (1975)), which has now been formally codified in this section. People v. Farris, 812 P.2d 654 (Colo. 1991).
