Colorado Revised Statutes

Colo. Rev. Stat. § 18-1-710 (2026)

Affirmative defense

✓ current as of July 2026

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The issues of justification or exemption from criminal liability under sections 18-1-701 to 18-1-709 are affirmative defenses. Source: L. 71: R&RE, p. 412, § 1. C.R.S. 1963: § 40-1-810.

Cross references: For the affirmative defense of impaired mental condition, see §§ 16-8- 103.5 and 18-1-803; for other provisions concerning affirmative defenses generally, see §§ 18-1- 407 and 18-1-805; for affirmative defenses to particular crimes, see specific criminal provisions in articles 2 to 18 of this title 18.

18-1-711. Immunity for persons who suffer or report an emergency drug or alcohol overdose event - definitions - repeal. (1) A person is immune from arrest and prosecution for an offense described in subsection (3) of this section if:

(a) The person reports in good faith an emergency drug or alcohol overdose event to a law enforcement officer, to the 911 system, or to a medical provider, or the person aids or seeks aid for the person who suffered the emergency drug or alcohol overdose;

(b) The person remains at the scene of the event until a law enforcement officer or an emergency medical responder arrives or the person remains at the facilities of the medical provider until a law enforcement officer arrives;

(c) The person identifies himself or herself to, and cooperates with, the law enforcement officer, emergency medical responder, or medical provider; and

(d) The offense arises from the same course of events from which the emergency drug or alcohol overdose event arose.

(2) The immunity described in subsection (1) of this section also extends to the person who suffered the emergency drug or alcohol overdose event if all of the conditions of subsection (1) of this section are satisfied.

(3) The immunity described in subsection (1) of this section applies to the following criminal offenses:

(a) Unlawful possession of a controlled substance, as described in section 18-18-403.5 (2) or (2.5);

(b) Unlawful use of a controlled substance, as described in section 18-18-404;

(c) If committed on or after March 1, 2020, unlawful possession of two ounces or less of marijuana, as described in section 18-18-406 (5)(a)(I) prior to its repeal in 2021; or more than two ounces of marijuana but not more than six ounces of marijuana or not more than three ounces of marijuana concentrate, as described in section 18-18-406 (4)(c); or more than six ounces of marijuana or more than three ounces of marijuana concentrate, as described in section 18-18-406 (4)(b);

(d) Open and public display, consumption, or use of less than two ounces of marijuana, as described in section 18-18-406 (5)(b)(I);

(e) Transferring or dispensing two ounces or less of marijuana from one person to another for no consideration, as described in section 18-18-406 (5)(c);

(f) Use or possession of synthetic cannabinoids or salvia divinorum, as described in section 18-18-406.1;

(g) Possession of drug paraphernalia, as described in section 18-18-428;

(h) Illegal possession or consumption of ethyl alcohol or marijuana by an underage person or illegal possession of marijuana paraphernalia by an underage person, as described in section 18-13-122;

(i) A violation of section 18-18-405 (2)(a)(III)(A), if the unlawful distribution, manufacturing, dispensing, or sale of the material, compound, mixture, or preparation weighs not more than four grams and contains any amount of fentanyl, carfentanil, benzimidazole opiate, or an analog thereof as described in section 18-18-204 (2)(g); and

(j) A violation of section 18-18-405 (2)(d)(II) involving unlawful distribution or transferring.

(4) Nothing in this section shall be interpreted to prohibit the prosecution of a person for an offense other than an offense listed in subsection (3) of this section or to limit the ability of a district attorney or a law enforcement officer to obtain or use evidence obtained from a report, recording, or any other statement provided pursuant to subsection (1) of this section to investigate and prosecute an offense other than an offense listed in subsection (3) of this section.

(5) As used in this section, unless the context otherwise requires, "emergency drug or alcohol overdose event" means an acute condition including, but not limited to, physical illness, coma, mania, hysteria, or death resulting from the consumption or use of a controlled substance, or of alcohol, or another substance with which a controlled substance or alcohol was combined, and that a layperson would reasonably believe to be a drug or alcohol overdose that requires medical assistance.

(6) (a) Starting on July 1, 2022, and for three years thereafter, a law enforcement agency that responds to an emergency drug or alcohol overdose event shall report to the district attorney's office in the law enforcement agency's jurisdiction whether an arrest was made as a result of the investigation of an emergency drug or alcohol overdose event or when an arrest was not made pursuant to the provisions of this section.

(b) Starting on July 1, 2022, and for three years thereafter, each district attorney's office that receives a report regarding an arrest from law enforcement pursuant to subsection (6)(a) of this section shall prepare a report indicating each instance when a person was not prosecuted for an offense pursuant to this section if the event involved fentanyl, carfentanil, benzimidazole opiate, or an analog thereof as described in section 18-18-204 (2)(g). If the district attorney prosecutes a person who sought emergency assistance for an emergency drug or alcohol overdose event if the event involved fentanyl, carfentanil, benzimidazole opiate, or an analog thereof as described in section 18-18-204 (2)(g), the district attorney shall prepare a report detailing the facts and circumstances for the decision that the immunity provisions of subsection (1) of this section did not apply.

(c) Each district attorney shall provide the reports collected pursuant to this subsection (6) to the legislative service agencies of the Colorado general assembly for the purpose of a post- enactment review.

(d) This subsection (6) is repealed, effective July 1, 2026.

Source: L. 2012: Entire section added, (SB 12-020), ch. 225, p. 986, § 2, effective May 29. L. 2013: (3)(c), (3)(d), and (3)(e) amended, (SB 13-250), ch. 333, p. 1934, § 52, effective October 1. L. 2014: (3)(h) amended, (SB 14-129), ch. 387, p. 1938, § 6, effective June 6. L. 2016: IP(1) amended, (HB 16-1390), ch. 184, p. 649, § 1, effective August 10. L. 2017: (3)(a) amended, (SB 17-294), ch. 264, p. 1393, § 37, effective May 25. L. 2019: IP(3) and (3)(c) amended, (HB 19-1263), ch. 291, p. 2679, § 5, effective March 1, 2020. L. 2021: (3)(c) amended, (HB 21-1090), ch. 157, p. 900, § 1, effective May 20. L. 2022: (3)(g) and (3)(h) amended and (3)(i) and (6) added, (HB 22-1326), ch. 225, p. 1630, § 5, effective July 1. L. 2023: (1)(a), (3)(a), (3)(h), and (3)(i) amended and (3)(j) added, (HB 23-1167), ch. 144, p. 615, § 1, effective May 1.

Cross references: For the legislative declaration in the 2012 act adding this section, see section 1 of chapter 225, Session Laws of Colorado 2012. For the legislative declaration in HB 22-1326 stating the purpose of, and the provision directing legislative staff agencies to conduct, a post-enactment review pursuant to § 2-2-1201 scheduled in 2024, 2025, and 2027, see sections 1 and 55 of chapter 225, Session Laws of Colorado 2022. To obtain a copy of the review, once completed, go to "Legislative Resources and Requirements" on the Colorado General Assembly's website.

18-1-712. Immunity for a person who administers an opioid antagonist during an opioid-related drug overdose event - definitions. (1) Legislative declaration. The general assembly hereby encourages the administration and distribution of opioid antagonists, including expired opioid antagonists, by persons and entities, including law enforcement personnel, school district personnel, and health-care providers, for the purpose of saving the lives of people who suffer opioid-related drug overdose events. The general assembly also encourages each person who administers an opioid antagonist to another person to call for emergency medical services immediately.

(2) General immunity. (a) A person, other than a health-care provider, is immune from criminal prosecution if the person acts in good faith to:

(I) Furnish or administer an opioid antagonist to an individual the person believes to be suffering an opioid-related drug overdose event or to an individual who is in a position to assist the individual at risk of experiencing an opioid-related drug overdose event; or

(II) Distribute the opioid antagonist.

(b) This subsection (2) also applies to:

(I) A person or entity described in section 12-30-110 (1)(a); except that an employee or agent of a school, or an employee or agent of a school district, a district school, the charter school institute, an institute charter school, or a nonpublic school who operates or is on a school bus, must be acting in accordance with section 12-30-110 (1)(b), (2)(b), and (4)(b), and, as applicable, section 22-1-119.1; and

(II) A person who acts in good faith to furnish or administer an opioid antagonist in accordance with section 25-20.5-1001.

(3) (a) Licensed prescribers and dispensers. An individual who is licensed by the state under title 12 and is permitted by section 12-30-110 or by other applicable law to prescribe or dispense an opioid antagonist is immune from criminal prosecution for:

(I) Prescribing or dispensing an opioid antagonist in accordance with the applicable law; or

(II) Any outcomes resulting from the eventual administration of the opioid antagonist by a layperson.

(b) Repealed.

(4) The provisions of this section shall not be interpreted to establish any duty or standard of care in the prescribing, dispensing, or administration of an opioid antagonist.

(5) Definitions. As used in this section, unless the context otherwise requires:

(a) Repealed.

(b) (I) "Health-care provider" means:

(A) A licensed or certified physician, nurse practitioner, physician assistant, or pharmacist; or

(B) A health maintenance organization licensed and conducting business in this state.

(II) "Health-care provider" does not include a podiatrist, optometrist, dentist, or veterinarian.

(d) "Opioid antagonist" has the same meaning as set forth in section 12-30-110 (7)(d).

(e) "Opioid-related drug overdose event" means an acute condition, including a decreased level of consciousness or respiratory depression, that:

(I) Results from the consumption or use of a controlled substance or another substance with which a controlled substance was combined;

(II) A layperson would reasonably believe to be an opioid-related drug overdose event; and

(III) Requires medical assistance.

Source: L. 2013: Entire section added, (SB 13-014), ch. 178, p. 656, § 2, effective May 10. L. 2015: (2), IP(3)(a), (3)(a)(I), and (5)(e) amended and (3)(b) repealed, (SB 15-053), ch. 78, p. 216, § 9, effective April 3. L. 2019: (2) amended, (SB 19-227), ch. 273, p. 2579, § 7, effective May 23; (2) and IP(3)(a) amended, (HB 19-1172), ch. 136, p. 1674, § 90, effective October 1. L. 2020: (2)(b)(I) amended, (HB 20-1206), ch. 304, p. 1526, § 7, effective July 14; (2)(a) amended, (HB 20-1065), ch. 287, p. 1420, § 5, effective September 14. L. 2021: (2)(b)(I) amended, (SB 21-122), ch. 33, p. 137, § 3, effective April 15. L. 2022: (2)(b)(I) amended, (HB 22-1326), ch. 225, p. 1644, § 18, effective July 1. L. 2024: (1), (2)(a), (2)(b)(II), (3)(a), (4), (5)(c), (5)(d), IP(5)(e), and (5)(e)(II) amended and (5)(a) repealed, (HB 24-1037), ch. 458, p. 3163, § 3, effective June 6; (2)(b)(I) amended, (HB 24-1003), ch. 121, p. 397, § 8, effective August 7.

Editor's note: Amendments to subsection (2) by SB 19-227 and HB 19-1172 were harmonized.

Cross references: (1) For the legislative declaration in the 2013 act adding this section, see section 1 of chapter 178, Session Laws of Colorado 2013. For the legislative declaration in HB 24-1003, see section 1 of chapter 121, Session Laws of Colorado 2024.

(2) For the legislative declaration in HB 22-1326 stating the purpose of, and the provision directing legislative staff agencies to conduct, a post-enactment review pursuant to § 2-2-1201 scheduled in 2024, 2025, and 2027, see sections 1 and 55 of chapter 225, Session Laws of Colorado 2022. To obtain a copy of the review, once completed, go to "Legislative Resources and Requirements" on the Colorado General Assembly's website.

Notes of Decisions

Cited in 16 cases (4 in the last 5 years), 1976–2026 · leading case: v. Roberts-Bicking, 2021 COA 12 (Colo. Ct. App. 2021).

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v. Roberts-Bicking, 2021 COA 12 (Colo. Ct. App. 2021). · cites it 2× “”) (emphasis added); § 18-1-710, C.R.S. 2020 (“The issues of justification or exemption from criminal liability under sections 18-1-701 to 18-1-709 are affirmative defenses.”

People v. Sprouse, 983 P.2d 771 (Colo. 1999). · cites it 2× “Under section 18-1-710, 6 C.R.S. (1998), entrapment is an affirmative defense.”

Montoya v. People, 394 P.3d 676 (Colo. 2017). · cites it 2× “Section 18-1-704 provides legal justification for using physical force in defense of one’s person, under specified circumstances, and section 18-1-710 designates' that legal justification, for what would otherwise be punishable conduct, an affirmative defense.”

Bailey v. People, 630 P.2d 1062 (Colo. 1981). · cites it 3× “” Under section 18-1-710, C.R.S. 1973 (1978 Repl.”

People v. Brandyberry, 812 P.2d 674 (Colo. Ct. App. 1990). · cites it 4× “Choice of evils is designated by § 18-1-710, C.R.S. (1986 Repl.Vol. 8B) as an affirmative defense that must be properly raised and placed in issue by a defendant's offer or presentation of "some credible evidence.”

Ray v. People, 2019 CO 21 (Colo. 2019). · cites it 4× “¶12 It is now well-settled that the issue of justification for intentionally or knowingly killing another person in defense of oneself or a third person is an affirmative defense, as to which the trial court is obliged to instruct the jury whenever the court determines that the…”

Rowe v. People, 856 P.2d 486 (Colo. 1993). · cites it 2× “See § 18-1-710, 8B C.R.S. (1986); § 18-1-805, 8B C.”

People v. Hendrickson, 45 P.3d 786 (Colo. Ct. App. 2001). · cites it 2× “engaged in the proscribed conduct because he was induced to do so by a law enforcement official or other person acting under his direction, seeking to obtain evidence for the purpose of prosecution, and the methods used to obtain that evidence were such as to create a…”

People v. McKay, 553 P.2d 380 (Colo. 1976). · cites it 3× “Section 18-1-710, C.R.S.1973. II. Second, the appellant asserts that the trial court improperly denied a request, during voir dire, to dismiss for cause three jurors who had read “something” about the case in the newspaper.”

Vega v. People, 893 P.2d 107 (Colo. 1995). “§ 18-1-710 provides: Affirmative defense.”

Andrews v. People, 800 P.2d 607 (Colo. 1990). · cites it 2× “Because the choice of evils defense is an affirmative defense, see § 18-1-710, 8B C.R.S. (1986), the defense may be raised either by the state's evidence or by the defendant's presentation of "some credible evidence on that issue.”

People v. Lara, 224 P.3d 388 (Colo. Ct. App. 2009). “2008 2 Although the legislature has characterized defense of a person as an "affirmative defense," see § 18-1-710, the nature of the defense depends on the charge against which it is raised.”

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