2022 Colorado Code
Title 18 - Criminal Code
Article 18 - Uniform Controlled Substances Act of 2013
Part 4 - Offenses and Penalties
§ 18-18-405. Unlawful Distribution, Manufacturing, Dispensing, or Sale

1. 1. 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 any person knowingly to manufacture, dispense, sell, or distribute, or to possess with intent to manufacture, dispense, sell, or distribute, a controlled substance; or induce, attempt to induce, or conspire with one or more other persons, to manufacture, dispense, sell, distribute, or possess with intent to manufacture, dispense, sell, or distribute, a controlled substance; or possess one or more chemicals or supplies or equipment with intent to manufacture a controlled substance.
   2. As used in this subsection (1), "dispense" does not include labeling, as defined in section 12-280-103 (23).

2. Except as otherwise provided for an offense concerning marijuana and marijuana concentrate in section 18-18-406 and for special offenders as provided in section 18-18-407, any person who violates any of the provisions of subsection (1) of this section:
   1. Commits a level 1 drug felony and is subject to the mandatory sentencing provisions in section 18-1.3-401.5 (7) if:
      1. The violation involves any material, compound, mixture, or preparation that weighs:
         1. More than two hundred twenty-five grams and contains a schedule I or schedule II controlled substance; or
         2. More than one hundred twelve grams and contains methamphetamine, heroin, ketamine, or cathinones; or
         3. More than fifty milligrams and contains flunitrazepam; or

      2. An adult sells, dispenses, distributes, or otherwise transfers any quantity of a schedule I or schedule II controlled substance or any material, compound, mixture, or preparation that contains any amount of a schedule I or schedule II controlled substance, other than marijuana or marijuana concentrate, to a minor and the adult is at least two years older than the minor;

   2. Commits a level 2 drug felony if:
      1. The violation involves any material, compound, mixture, or preparation that weighs:
         1. More than fourteen grams, but not more than two hundred twenty-five grams, and contains a schedule I or schedule II controlled substance;
         2. More than seven grams, but not more than one hundred twelve grams, and contains methamphetamine, heroin, ketamine, or cathinones; or
         3. More than ten milligrams, but not more than fifty milligrams, and contains flunitrazepam;

      2. An adult sells, dispenses, distributes, or otherwise transfers any quantity of a schedule III or schedule IV controlled substance or any material, compound, mixture, or preparation that contains any quantity of a schedule III or schedule IV controlled substance to a minor and the adult is at least two years older than the minor;

   3. Commits a level 3 drug felony if the violation involves any material, compound, mixture, or preparation that weighs:
      1. Not more than fourteen grams and contains a schedule I or schedule II controlled substance;
      2. Not more than seven grams and contains methamphetamine, heroin, ketamine, or cathinones;
      3. Not more than ten milligrams and contains flunitrazepam; or
      4. More than four grams and contains a schedule III or schedule IV controlled substance;

   4. Commits a level 4 drug felony if:
      1. The violation involves any material, compound, mixture, or preparation that weighs not more than four grams and contains a schedule III or schedule IV controlled substance; or
      2. Notwithstanding the provisions of paragraph (c) of this subsection (2), the violation involves distribution or transfer of the controlled substance for the purpose of consuming all of the controlled substance with another person or persons at a time substantially contemporaneous with the transfer; except that this subparagraph (II) applies only if the distribution or transfer involves not more than four grams of a schedule I or II controlled substance or not more than two grams of methamphetamine, heroin, ketamine, or cathinones;

   5. Commits a level 1 drug misdemeanor if the violation involves:
      1. A schedule V controlled substance; or
      2. A transfer with no remuneration of not more than four grams of a schedule III or schedule IV controlled substance.

   (2.1) Repealed.

   1. (2.3) (a) (Deleted by amendment, L. 2010, (HB 10-1352), ch. 259, p. 1163, § 3, effective August 11, 2010.)
   2. Repealed.

   (2.5) to (4) Repealed.

   (5) When a person commits unlawful distribution, manufacture, dispensing, sale, or possession with intent to manufacture, dispense, sell, or distribute any schedule I or schedule II controlled substance, as listed in section 18-18-203 or 18-18-204, flunitrazepam, ketamine, or cathinones, or conspires with one or more persons to commit the offense, pursuant to subsection (1) of this section, twice or more within a period of six months, without having been placed in jeopardy for the prior offense or offenses, the aggregate amount of the schedule I or schedule II controlled substance, flunitrazepam, ketamine, or cathinones involved may be used to determine the level of drug offense.

   (6) and (7) Repealed.

Source: L. 92: Entire article R&RE, p. 356, § 1, effective July 1. L. 93: (4) amended, p. 972, § 2, effective July 1. L. 94: (2)(a)(I) and (4)(a) amended, p. 1723, § 24, effective July 1. L. 97: (2)(a)(I) and (3)(a) amended and (4) repealed, pp. 1542, 1543, §§ 9,10, effective July 1. L. 98: (5) amended and (6) added, pp. 1443, 1435, §§ 30, 5, effective July 1. L. 99: (2.5) added and (5) amended, pp. 795, 796, §§ 6, 8, effective July 1. L. 2000: (6) amended, p. 1360, § 42, effective July 1, 2001. L. 2002: (1)(a) amended, p. 1270, § 1, effective July 1; (2)(a)(II), (2)(b)(II), (2)(c)(II), (2)(d)(II), (2.5)(a), and (6) amended, pp. 1579, 1583, §§ 4, 13, effective July 1; (3)(a)(I), (3)(a)(II), (3)(a)(III), and (3)(b) amended, p. 1518, § 212, effective October 1. L. 2003: IP(3)(a) amended, p. 1424, § 2, effective April 29; (2), (2.5), and IP(3)(a) amended and (2.1), (2.3), and (2.6) added, p. 2682, § 3, effective July 1. L. 2004: (3)(a) amended and (3.5) added, p. 636, § 12, effective August 4. L. 2007: (2)(b), (2.1), (2.3)(b), (2.5)(c), and (2.6) repealed, p. 1689, § 10, effective July 1. L. 2009: (6) repealed, (HB 09-1266), ch. 347, p. 1815, § 5, effective August 5. L. 2010: (1)(a), IP(2)(a), (2)(a)(I)(A), (2.3)(a), (2.5)(a), (2.5)(b), IP(3)(a), and (5) amended and (7) added, (HB 10-1352), ch. 259, pp. 1163, 1166, §§ 3, 5, effective August 11. L. 2012: (1) amended, (HB 12-1311), ch. 281, p. 1622, § 55, effective July 1. L. 2013: (2) and (5) amended and (2.5), (3), (3.5), and (7) repealed, (SB 13-250), ch. 333, p. 1909, § 10, effective October 1. L. 2014: (2)(a)(I)(B), (2)(b)(I)(B), (2)(c)(II), (2)(d)(II), and (5) amended, (SB 14-163), ch. 391, p. 1976, § 19, effective July 1. L. 2019: (1) amended, (HB 19-1172), ch. 136, p. 1679, § 106, effective October 1.

1. This section is similar to former § 18-18-105 as it existed prior to 1992.
2. Amendments to the introductory portion to subsection (3)(a) by House Bill 03-1236 and Senate Bill 03-318 were harmonized.

Cross references: For the legislative declaration contained in the 2002 act amending subsections (3)(a)(I), (3)(a)(II), (3)(a)(III), and (3)(b), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative intent contained in the 2003 act amending subsections (2) and (2.5) and the introductory portion to subsection (3)(a) and enacting subsections (2.1), (2.3), and (2.6), see section 1 of chapter 424, Session Laws of Colorado 2003.