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

Colo. Rev. Stat. § 18-18-421 (2026)

Imitation controlled substances - determination - considerations

✓ current as of July 2026
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(1) In determining whether a substance is an imitation controlled substance, the trier of fact may consider, in addition to all other relevant factors, the following:

(a) Statements by an owner or by anyone in control of the substance concerning the nature of the substance or its use or effect;

(b) Statements made to the recipient that the substance may be resold for inordinate profit which is more than the normal markup charged by legal retailers of similar pharmaceutical products;

(c) Whether the substance is packaged in a manner normally used for illicit controlled substances;

(d) Evasive tactics or actions utilized by the owner or person in control of the substance to avoid detection by law enforcement authorities;

(e) The proximity of the imitation controlled substance to any controlled substances when conduct purported to be illegal under this article is observed.

Source: L. 92: Entire article R&RE, p. 373, § 1, effective July 1.

Notes of Decisions
Cited in 1 case, 2005–2005 · leading case: People v. Taylor, 131 P.3d 1158 (Colo. Ct. App. 2005).
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People v. Taylor, 131 P.3d 1158 (Colo. Ct. App. 2005). · cites it 4× “This interpretation is buttressed by § 18-18-421, C.R.S.2004, which provides: (1) In determining whether a substance is an imitation controlled substance, the trier of fact may consider, in addition to all other relevant factors, the following: (a) Statements by an owner or by…”
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