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

Colo. Rev. Stat. § 18-18-406.5 (2026)

Unlawful use of marijuana in a detention facility

✓ current as of July 2026
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(1) A person confined in a detention facility in this state who possesses or uses marijuana commits a level 1 drug misdemeanor.

(2) Repealed.

(3) For purposes of this section, "detention facility" means any building, structure, enclosure, vehicle, institution, or place, whether permanent or temporary, fixed or mobile, where persons are or may be lawfully held in custody or confinement under the authority of the state of Colorado or any political subdivision of the state of Colorado.

Source: L. 99: Entire section added, p. 798, § 16, effective July 1. L. 2010: (1) and (2) amended, (HB 10-1352), ch. 259, p. 1174, § 19, effective August 11. L. 2013: (1) amended, (SB 13-250), ch. 333, p. 1917, § 14, effective October 1. L. 2014: (1) amended and (2) repealed, (SB 14-163), ch. 391, p. 1979, § 24, effective June 6.

Notes of Decisions
Cited in 2 cases, 2003–2004 · leading case: People v. Goodale, 78 P.3d 1103 (Colo. 2003).
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People v. Goodale, 78 P.3d 1103 (Colo. 2003). · cites it 21× “1 The People charged Goodale, a Department of Corrections inmate, with unlawful use of marihuana in a detention facility in violation of section 18-18-406.5, 6 CRS. (2008). Goodale asserted that the statute violated equal protection of the laws and moved to dismiss the charge.”
People v. Nitz, 104 P.3d 240 (Colo. Ct. App. 2004). · cites it 4× “3-401(8)(a)(IV) is applied to his sentence, it subsumes and renders meaningless the General Assembly's classification of the offense as a class six felony under § 18-18-406.5, C.R.8.2008. The People assert that the holding in Andrews applies only to offenders convicted of felony…”
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