C.R.S. Section 18-18-427
Drug paraphernalia

  • determination
  • considerations

(1)

In determining whether an object is drug paraphernalia, a court, in its discretion, may consider, in addition to all other relevant factors, the following:

(a)

Statements by an owner or by anyone in control of the object concerning its use;

(b)

The proximity of the object to controlled substances;

(c)

The existence of any residue of controlled substances on the object;

(d)

Direct or circumstantial evidence of the knowledge of an owner, or of anyone in control of the object, or evidence that such person reasonably should know, that it will be delivered to persons who he knows or reasonably should know, could use the object to facilitate a violation of sections 18-18-425 to 18-18-430;

(e)

Instructions, oral or written, provided with the object concerning its use;

(f)

Descriptive materials accompanying the object which explain or depict its use;

(g)

National or local advertising concerning its use;

(h)

The manner in which the object is displayed for sale;

(i)

Whether the owner, or anyone in control of the object, is a supplier of like or related items to the community for legal purposes, such as an authorized distributor or dealer of tobacco products;

(j)

The existence and scope of legal uses for the object in the community;

(k)

Expert testimony concerning its use.

(2)

In the event a case brought pursuant to sections 18-18-425 to 18-18-430 is tried before a jury, the court shall hold an evidentiary hearing on issues raised pursuant to this section. Such hearing shall be conducted in camera.

Source: Section 18-18-427 — Drug paraphernalia - determination - considerations, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-18.­pdf (accessed Oct. 20, 2023).

18–18–101
Short title
18–18–102
Definitions
18–18–103
Special definition - board
18–18–201
Authority to control
18–18–202
Nomenclature
18–18–203
Schedule I
18–18–204
Schedule II
18–18–205
Schedule III
18–18–206
Schedule IV - repeal
18–18–207
Schedule V
18–18–301
Rules
18–18–302
Registration requirements - definitions
18–18–303
Registration
18–18–304
Suspension or revocation of registration
18–18–305
Order to show cause
18–18–306
Records of registrants
18–18–307
Order forms
18–18–308
Prescriptions
18–18–309
Diversion prevention and control
18–18–401
Legislative declaration
18–18–402
Definitions - terms used
18–18–403
Additional definition
18–18–403.5
Unlawful possession of a controlled substance - notice to revisor of statutes - repeal
18–18–404
Unlawful use of a controlled substance
18–18–405
Unlawful distribution, manufacturing, dispensing, or sale
18–18–406
Offenses relating to marijuana and marijuana concentrate - definitions
18–18–406.1
Unlawful use or possession of synthetic cannabinoids or salvia divinorum
18–18–406.2
Unlawful distribution, manufacturing, dispensing, sale, or cultivation of synthetic cannabinoids or salvia divinorum
18–18–406.3
Medical use of marijuana by persons diagnosed with debilitating medical conditions - unlawful acts - penalty - medical marijuana program cash fund
18–18–406.4
Unlawful advertising of marijuana - exception
18–18–406.5
Unlawful use of marijuana in a detention facility
18–18–406.6
Extraction of marijuana concentrate - definitions
18–18–406.9
Unlawful distribution or purchase of dextromethorphan - penalty - preemption - definitions
18–18–407
Special offender - definitions
18–18–409
Reduction or suspension of sentence for providing substantial assistance
18–18–410
Declaration of class 1 public nuisance
18–18–411
Keeping, maintaining, controlling, renting, or making available property for unlawful distribution or manufacture of controlled substances
18–18–412
Abusing toxic vapors - prohibited
18–18–412.5
Unlawful possession of materials to make methamphetamine and amphetamine - penalty
18–18–412.7
Sale or distribution of materials to manufacture controlled substances
18–18–412.8
Retail sale of methamphetamine precursor drugs - unlawful acts - penalty
18–18–413
Authorized possession of controlled substances
18–18–414
Unlawful acts - licenses - penalties
18–18–415
Fraud and deceit
18–18–416
Controlled substances - inducing consumption by fraudulent means
18–18–417
Notice of conviction
18–18–418
Exemptions
18–18–419
Imitation and counterfeit controlled substances act
18–18–420
Imitation controlled substances - definitions
18–18–421
Imitation controlled substances - determination - considerations
18–18–422
Imitation controlled substances - violations - penalties
18–18–423
Counterfeit substances prohibited - penalty
18–18–424
Imitation controlled substances - exceptions
18–18–425
Drug paraphernalia - legislative declaration
18–18–426
Drug paraphernalia - definitions
18–18–427
Drug paraphernalia - determination - considerations
18–18–428
Possession of drug paraphernalia - penalty
18–18–429
Manufacture, sale, or delivery of drug paraphernalia - penalty
18–18–430
Advertisement of drug paraphernalia - penalty
18–18–430.5
Drug paraphernalia - exemption
18–18–431
Defenses
18–18–432
Drug offender public service and rehabilitation program - definitions
18–18–433
Constitutional provisions
18–18–434
Offenses relating to natural medicine and natural medicine product - definitions
18–18–501
Administrative inspections and warrants
18–18–502
Injunctions
18–18–503
Cooperative arrangements and confidentiality
18–18–504
Pleadings - presumptions - liabilities
18–18–505
Judicial review
18–18–506
Education and research
18–18–601
Pending proceedings - applicability
18–18–602
Continuation of rules - application to existing relationships
18–18–603
Statutes of limitations
18–18–604
Uniformity of interpretation
18–18–605
Severability
18–18–606
Drug case data collection
18–18–607
Safe stations - disposal of controlled substances - medical evaluation - definition
Green check means up to date. Up to date

Current through Fall 2024

§ 18-18-427’s source at colorado​.gov