Colo. Rev. Stat. » Title 18
Colorado Revised Statutes

Colo. Rev. Stat. § 18-18-401 (2026)

Legislative declaration

✓ current as of July 2026
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(1) The general assembly finds, determines, and declares that:

(a) The regulation of controlled substances in this state is important and necessary for the preservation of public safety and public health;

(b) Meeting the public safety and public health needs of our communities demands a collaborative effort involving primary health-care, behavioral health, criminal justice, and social service systems;

(c) Successful, community-based substance abuse treatment and education programs and substance use disorder treatment programs, in conjunction with treatment for behavioral or mental health disorders as necessary, provide effective tools in the effort to reduce drug usage and enhance public safety by reducing the likelihood that drug users will have further contact with the criminal justice system. Therapeutic intervention and ongoing individualized treatment plans prepared through the use of meaningful and proven assessment tools and evaluations offer an effective alternative to incarceration in appropriate circumstances and should be utilized accordingly.

(d) Savings recognized from reductions in incarceration rates should be dedicated toward funding community-based treatment options and other mechanisms that are accessible to all of the state's counties for the implementation and continuation of such programs;

(e) The Colorado commission on criminal and juvenile justice submitted a report to the general assembly on December 15, 2012, after significant study of effective approaches to reduced drug abuse and use of criminal justice sanctions that recommends multiple changes to the criminal law relating to controlled substances.

Source: L. 92: Entire article R&RE, p. 354, § 1, effective July 1. L. 2010: Entire section amended, (HB 10-1352), ch. 259, p. 1162, § 1, effective August 11. L. 2013: (1) amended, (SB 13-250), ch. 333, p. 1908, § 7, effective October 1. L. 2017: IP(1) and (1)(c) amended, (SB 17- 242), ch. 263, p. 1308, § 144, effective May 25. L. 2024: (1)(e) amended, (HB 24-1450), ch. 490, p. 3409, § 24, effective August 7.

Editor's note: This section is similar to former § 12-22-302 as it existed prior to 1992.

Cross references: (1) For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.

(2) For the Colorado commission on criminal and juvenile justice as it existed prior to its repeal in 2023, see article 11.3 of title 16, C.R.S., in the 2022 Colorado Revised Statutes.

Notes of Decisions
Cited in 6 cases, 1996–2019 · leading case: Yates v. People, 2019 CO 90 (Colo. 2019).
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Yates v. People, 2019 CO 90 (Colo. 2019). “See generally § 18-18-401(1) (reciting the legislature’s findings, determinations, and declarations in amending some narcotics-related statutory provisions).”
People v. Reeves, 252 P.3d 1137 (Colo. Ct. App. 2010). “" § 18-18-401, Therefore, we conclude that the language of the instruction did not fail to state the elements of the offense nor was it constitutionally deficient.”
People v. Hill, 228 P.3d 171 (Colo. Ct. App. 2009). · cites it 2× “A jury found defendant not guilty of possession, but guilty of use of a schedule II controlled substance under section 18-18-401(1)(a)(ID), C.R.98.2008.”
People v. Ramirez, 997 P.2d 1200 (Colo. Ct. App. 2000). · cites it 2× “2d at 113 ; § 18-18-401, C.R.S.1998 (legislative declaration that “strict control of controlled substances in this state is necessary for the immediate and future preservation of the public peace, health, and safety”).”
People v. Reed, 932 P.2d 842 (Colo. Ct. App. 1996). “128, § 18-18-401, et seq., at 729; Uniform Controlled Substances Act, 9 Uniform Laws An-not.”
People v. Doyle, 139 P.3d 704 (Colo. 2006). · cites it 2× “1 In the first complaint, the People alleged that Respondent had been convicted of two Class Five felonies: possession of a Schedule TV controlled substance in violation of C.R.S. § 18-18-401; and making a false or forged order to acquire a controlled substance in violation of C.”
— Colo. Rev. Stat. § 18-18-401(1) — 1 case
Yates v. People, 2019 CO 90 (Colo. 2019). “See generally § 18-18-401(1) (reciting the legislature’s findings, determinations, and declarations in amending some narcotics-related statutory provisions).”
— Colo. Rev. Stat. § 18-18-401(1)(a)(ID) — 1 case
People v. Hill, 228 P.3d 171 (Colo. Ct. App. 2009). “A jury found defendant not guilty of possession, but guilty of use of a schedule II controlled substance under section 18-18-401(1)(a)(ID), C.R.98.2008.”
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