Colorado Revised Statutes

Colo. Rev. Stat. § 18-18-422 (2026)

Imitation controlled substances - violations - penalties

✓ current as of July 2026

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(1) (a) Except as provided in section 18-18-424, it is unlawful for a person to manufacture, distribute, or possess with intent to distribute an imitation controlled substance.

(b) A person who violates the provisions of paragraph (a) of this subsection (1) commits:

(I) A level 4 drug felony.

(II) (Deleted by amendment, L. 2013.)

(2) (a) If an adult distributes an imitation controlled substance to a minor and the adult is at least two years older than the minor, the adult commits a level 3 drug felony.

(b) (Deleted by amendment, L. 2013.)

(3) (a) It is unlawful for a person to place in a newspaper, magazine, handbill, or other publication or to post or distribute in a public place an advertisement or solicitation that the person knows will promote the distribution of imitation controlled substances.

(b) A person who violates the provisions of paragraph (a) of this subsection (3) commits a level 1 drug misdemeanor.

(4) It is not a defense to a violation of this section that the defendant believed that the imitation controlled substance was a genuine controlled substance.

Source: L. 92: Entire article R&RE, p. 374, § 1, effective July 1. L. 2013: (1), (2), and

(3) amended, (SB 13-250), ch. 333, p. 1923, § 26, effective October 1.

Notes of Decisions

Cited in 3 cases, 1998–2005 · 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 6× “To resolve this issue, we must construe § 18-18-422, C.R.S.2005, to determine what mental state applies to the offense.”

People v. Salazar, 964 P.2d 502 (Colo. 1998). “See § 18-18-422, 6 C.R.S. (1997). After Salazar was bound over for trial, he filed a Motion to Suppress Evidence and Statements.”

Shipley v. People, 45 P.3d 1277 (Colo. 2002). “, § 18-18-406 (fraudulently causing another to unknowingly consume controlled substance); § 18-18-408(a)(receiving proceeds derived from any conduct proscribed by the Controlled Substance Act); § 18-18-414(r)(knowingly omitting material information from required records by…”

— Colo. Rev. Stat. § 18-18-422(l)(a) — 1 case

People v. Taylor, 131 P.3d 1158 (Colo. Ct. App. 2005). “To resolve this issue, we must construe § 18-18-422, C.R.S.2005, to determine what mental state applies to the offense.”

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