As used in sections 18-18- 419 to 18-18-424, unless the context otherwise requires:
(1) "Controlled substance" shall have the same meaning as set forth in section 18-18-102 (5).
(2) "Distribute" means the actual, constructive, or attempted transfer, delivery, or dispensing to another of an imitation controlled substance, with or without remuneration.
(3) "Imitation controlled substance" means a substance that is not the controlled substance that it is purported to be but which, by appearance, including color, shape, size, and markings, by representations made, and by consideration of all relevant factors as set forth in section 18-18-421, would lead a reasonable person to believe that the substance is the controlled substance that it is purported to be.
(4) "Manufacture" means the production, preparation, compounding, processing, encapsulating, packaging or repackaging, or labeling or relabeling of an imitation controlled substance.
Source: L. 92: Entire article R&RE, p. 373, § 1, effective July 1.
Notes of Decisions
Cited in
2
cases, 2005–2014 · leading case:
People v. Taylor, 131 P.3d 1158 (Colo. Ct. App. 2005).
People v. Taylor, 131 P.3d 1158 (Colo. Ct. App. 2005).
· cites it 7× “Section 18-18-420(3), C.R.S.2005. Although the statute is silent as to the requisite mens rea for the offense of possession with intent to distribute an imitation controlled substance, the Colorado Supreme Court construed an earlier version of the statute to imply a mental state…”
People v. Hard, 342 P.3d 572 (Colo. Ct. App. 2014).
“" § 18-18-420(3). . We do not express any opinion on the use of information from Drugs.”
— Colo. Rev. Stat. § 18-18-420(3) — 2 cases
People v. Taylor, 131 P.3d 1158 (Colo. Ct. App. 2005).
“Section 18-18-420(3), C.R.S.2005. Although the statute is silent as to the requisite mens rea for the offense of possession with intent to distribute an imitation controlled substance, the Colorado Supreme Court construed an earlier version of the statute to imply a mental state…”
People v. Hard, 342 P.3d 572 (Colo. Ct. App. 2014).
“" § 18-18-420(3). . We do not express any opinion on the use of information from Drugs.”
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