Statute text
As used in this part 3, unless the context otherwise requires:
(1) "Addict" means a person who has a physical or psychological dependence on a controlled substance, which dependence develops following the use of the controlled substance on a periodic or continuing basis and is demonstrated by appropriate observation and tests by a person licensed to practice medicine pursuant to article 36 of this title.
(2) "Addiction program" means a program, licensed under this part 3, for the detoxification, withdrawal, or maintenance treatment of addicts.
(3) "Administer" means to apply a controlled substance, whether by injection, inhalation, ingestion, or any other means, directly to the body of a patient or research subject.
(4) "Agent" means an authorized person who acts on behalf of or at the direction of a person licensed or otherwise authorized under this part 3. "Agent" does not include a common or contract carrier, a public warehouseman, or an employee of a carrier or warehouseman.
(5) "Board" means the state board of pharmacy.
(6) "Bureau" means the drug enforcement administration, or its successor agency, of the United States department of justice.
(6.5) "Cocaine" means coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; cocaine, its salts, optical and geometric isomers, and salts of isomers; ecgonine, its derivatives, their salts, isomers, and salts of isomers; or any compound, mixture, or preparation which contains any quantity of any of the substances referred to in this subsection (6.5).
(7) "Controlled substance" shall have the same meaning as in section 18-18-102 (5), C.R.S.
(7.5) (a) "Controlled substance analog" means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance in schedule I or II and:
(I) Which has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in schedule I or II; or
(II) With respect to a particular individual, which that individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in schedule I or II.
(b) "Controlled substance analog" does not include:
(I) A controlled substance;
(II) Any substance for which there is an approved new drug application;
(III) With respect to a particular person, any substance, if an exemption is in effect for investigational use, for that person, under section 505 of the "Federal Food, Drug, and Cosmetic Act", 21 U.S.C. sec. 355, as amended, to the extent that conduct with respect to the substance is pursuant to the exemption; or
(IV) Any substance to the extent not intended for human consumption before such an exemption takes effect with respect to the substance.
(8) "Deliver" or "delivery" means actual, constructive, or attempted transfer of a controlled substance whether or not there is an agency relationship.
(9) "Department" means the department of human services.
(10) "Detoxification treatment" means a program for a short term of not more than three weeks for the administering or dispensing, in decreasing doses, of a controlled substance to an addict while he is receiving appropriate supportive medical treatment, with the immediate goal being to render the addict no longer dependent on the intake of any amount of a controlled substance.
(11) "Dispense" shall have the same meaning as set forth in section 12-22-102 (9).
(12) "Distribute" means to deliver a controlled substance other than by administering or dispensing.
(12.5) "Distributor" has the same meaning as that set forth in section 18-18-102 (12), C.R.S.
(13) (a) "Drug" means any of the substances:
(I) Recognized as drugs in the official United States pharmacopoeia, national formulary, or the official homeopathic pharmacopoeia of the United States, or a supplement thereof;
(II) Intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in individuals or animals;
(III) Other than food, intended to affect the structure or any function of the body of individuals or animals; or
(IV) Intended for use as a component of any substance specified in subparagraph (I), (II), or (III) of this paragraph (a).
(b) "Drug" does not include devices or their components, parts, or accessories.
(13.5) Repealed.
(14) "Immediate precursor" means a substance which is a principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used, in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture.
(15) "Maintenance treatment" means a program of more than six months' duration for the administering or dispensing of a controlled substance, approved for such use by federal law or regulation, to an addict for the purpose of continuing his dependence upon a controlled substance in the course of conducting an authorized rehabilitation program for addicts, with a long-term goal of decreasing the addict's controlled substance dependency and leading to his possible withdrawal.
(16) "Manufacturer" means a person who is licensed by this part 3 and who, by compounding, mixing, cultivating, planting, growing, or other process, produces or prepares a controlled substance, but the term does not include a pharmacist who compounds controlled substances to be dispensed pursuant to a prescription, a practitioner who compounds controlled substances for dispensing in the course of his professional practice, or a researcher acting within the provisions of this part 3.
(17) "Marihuana" or "marijuana" means all parts of the plant cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin. It does not include fiber produced from the stalks, oil or cake made from the seeds of the plant, or sterilized seed of the plant which is incapable of germination, if these items exist apart from any other item defined as "marihuana" in this subsection (17). "Marihuana" does not include marihuana concentrate as defined in subsection (18) of this section.
(18) "Marihuana concentrate" means hashish, tetrahydrocannabinols, or any alkaloid, salt, derivative, preparation, compound, or mixture, whether natural or synthesized, of tetrahydrocannabinols.
(19) "Narcotic controlled substance" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
(a) Opium or any opiate or any salt, compound, derivative, or preparation of opium or any opiate;
(b) Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent to or identical with any of the substances referred to in paragraph (a) of this subsection (19) but not including the isoquinoline alkaloids of opium;
(c) Any opium poppy or poppy straw.
(20) "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having an addiction-forming or addiction-sustaining liability. "Opiate" does not include, unless specifically designated as controlled under this part 3, the dextrorotatory isomer of 3-methoxy-n-methyl-morphinan and its salts (dextromethorphan). The term does include its racemic and levorotatory forms.
(21) "Opium poppy" means the plant of the species papaver somniferum L., except its seeds.
(22) "Peace officer" shall have the same meaning as set forth in section 16-2.5-101, C.R.S.
(23) "Person" means any individual, government, governmental subdivision, agency, business trust, estate, trust, partnership, corporation, association, institution, or other legal entity.
(24) "Peyote" means all parts of the plant presently classified botanically as lophophora williamsii lemaire, whether growing or not, the seeds thereof, any extraction from any part of such plant, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds or extracts.
(25) "Pharmacist" means an individual licensed pursuant to part 1 of this article to engage in the practice of pharmacy, as defined in section 12-22-102 (26).
(26) "Pharmacy" or "prescription drug outlet" shall have the same meaning as set forth in section 12-22-102 (30.2).
(27) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.
(28) "Practitioner" shall have the same meaning as set forth in section 12-22-102 (27).
(29) "Production" or "produces" means the manufacturing, planting, cultivating, growing, or harvesting of a controlled substance.
(30) "Remuneration" means anything of value, including money, real property, tangible and intangible personal property, contract rights, choses in action, services, and any rights of use or employment or promises or agreements connected therewith.
(31) "Researcher" means any person licensed by the department pursuant to this part 3 to experiment with, study, or test any controlled substance within this state and includes analytical laboratories.
(32) (a) "Tetrahydrocannabinols" means synthetic equivalents of the substances contained in the plant, or in the resinous extractives of, cannabis, sp., or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity, such as the following:
(I) 1cis or trans tetrahydrocannabinol, and their optical isomers;
(II) 6cis or trans tetrahydrocannabinol, and their optical isomers;
(III) 3,4cis or trans tetrahydrocannabinol, and their optical isomers.
(b) Since the nomenclature of the substances listed in paragraph (a) of this subsection (32) is not internationally standardized, compounds of these structures, regardless of the numerical designation of atomic positions, are included in this definition.
(33) "Ultimate user" means a person who lawfully possesses a controlled substance for his own use, for the use of a member of his household, or for use in administering to an animal owned by him or a member of his household.
(34) (Deleted by amendment, L. 92, p. 386, 5, effective July 1, 1992.)
(35) "Withdrawal treatment" means a program for an intermediate term, of more than three weeks but less than six months, for the administering or dispensing, in decreasing doses, of a controlled substance, approved for such use by federal law or regulation, to an addict while receiving rehabilitative measures as indicated, with the immediate goal being to render the addict no longer dependent on the intake of any amount of a controlled substance.
History
Source: L. 81: Entire part R&RE, p. 707, 1, effective July 1; (26) amended, p. 2030, 39, effective July 14. L. 82: (7) amended, p. 252, 2, effective May 3. L. 83: (17) amended, p. 524, 1, effective July 1. L. 84: (6.5) added and (7) amended, p. 557, 2, effective July 1. L. 88: (6.5) amended, p. 707, 1, effective July 1. L. 90: (7.5) and (13.5) added, pp. 935, 928, 18, 4, effective July 1. L. 92: (13.5) amended, p. 2077, 1, effective June 1; (7), (13), and (34) amended and (12.5) added, p. 386, 5, effective July 1. L. 93: (9) amended, p. 1121, 33, effective July 1, 1994. L. 96: (13.5) repealed, p. 148, 1, effective April 8. L. 2002: (9) amended, p. 663, 1, effective May 28; (9) amended, p. 1014, 10, effective June 1. L. 2003: (7) amended, p. 956, 13, effective July 1; (22) amended, p. 1614, 5, effective August 6.
Annotations
Editor's note: This section was contained in a part that was repealed and reenacted in 1981. Provisions of this section, as it existed in 1981, are similar to those contained in 12-22-301 as said section existed in 1980, the year prior to the repeal and reenactment of this part.
Annotations
Cross references: For the legislative declaration contained in the 1993 act amending subsection (9) see section 1 of chapter 230, Session Laws of Colorado 1993.
Annotations
ANNOTATION
Annotations
Am. Jur.2d. See 25 Am. Jur.2d, Drugs and Controlled Substances, 1-18.
Annotator's note. In 1981, this part 3 was repealed and reenacted and the provisions contained herein on controlled substances replaced the former provisions in part 3 on narcotic drugs and the provisions in part 4 on dangerous drugs. Certain cases cited below were decided under either former 12-22-301 or 12-22-403, the subject matter of which was similar to this section. For other cases construing the former provisions, see the annotations following those sections in the 1978 replacement volume and the 1980 cumulative supplement thereto.
The distinction between marihuana and marihuana concentrate as set forth in subsections (17) and (18) complies with both the equal protection and due process requirements of the Colorado and United States Constitutions. People v. Rickstrew, 712 P.2d 1008 (Colo. 1986).
Marijuana and hashish are separate drugs. The general assembly has utilized language which sufficiently distinguishes "marijuana" and "hashish" as being separate dangerous drugs. People v. Magoon, 645 P.2d 286 (Colo. App. 1982).
The statutory definition of marijuana includes all variants of the species cannabis including cannabis indicia. People v. Wimer, 799 P.2d 436 (Colo. App. 1990), cert. denied, 809 P.2d 988 (Colo. 1991).
Any amount of marihuana sufficient to ingest will support a conviction for possession of contraband in a detention facility, where statute fails to specify an amount. People v. Greenwell, 830 P.2d 1116 (Colo. App. 1992).
Applied in People v. Wellington, 633 P.2d 1390 (Colo. 1981).