(1) (a) Except as described in section 18-1-711 and paragraph (b) of this subsection (1), a person commits possession of drug paraphernalia if he or she possesses drug paraphernalia and knows or reasonably should know that the drug paraphernalia could be used under circumstances in violation of the laws of this state.
(b) (I) Prior to searching a person, a person's premises, or a person's vehicle, a peace officer may ask the person whether the person is in possession of a hypodermic needle or syringe that may cut or puncture the officer or whether such a hypodermic needle or syringe is on the premises or in the vehicle to be searched. If a hypodermic needle or syringe is on the person, on the person's premises, or in the person's vehicle and the person, either in response to the officer's question or voluntarily, alerts the officer of that fact prior to the search, assessment, or treatment, the peace officer shall not arrest or cite the person pursuant to this section for the hypodermic needle or syringe or section 18-18-403.5 for any minuscule, residual controlled substance that may be present in a used hypodermic needle or syringe, and the district attorney shall not charge or prosecute the person pursuant to this section for the hypodermic needle or syringe or section 18-18-403.5 for any minuscule, residual controlled substance that may be present in a used hypodermic needle or syringe. The circumstances described in this paragraph (b) may be used as a factor in a probable cause or reasonable suspicion determination of any criminal offense if the original stop or search was lawful.
(II) Prior to assessing or treating a person, an emergency medical service provider, as defined in section 18-3-201 (1.3), or other first responder may ask the person whether the person is in possession of a hypodermic needle or syringe that may cut or puncture the technician or first responder. If a hypodermic needle or syringe is on the person, and the person, either in response to the question or voluntarily, alerts the emergency medical service provider or first responder of that fact, a peace officer shall not arrest or cite the person pursuant to this section for the hypodermic needle or syringe or section 18-18-403.5 for any minuscule, residual controlled substance that may be present in a used hypodermic needle or syringe, and the district attorney shall not charge or prosecute the person pursuant to this section for the hypodermic needle or syringe or section 18-18-403.5 for any minuscule, residual controlled substance that may be present in a used hypodermic needle or syringe.
(III) This section does not apply to the possession of drug paraphernalia that a person received from an approved syringe exchange program created pursuant to section 25-1-520 or a program carried out by a harm reduction organization, as defined in section 12-30-110 (7), while participating in the program.
(2) Any person who commits possession of drug paraphernalia commits a drug petty offense and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars.
Source: L. 92: Entire article R&RE, p. 378, § 1, effective July 1. L. 2012: (1) amended, (SB 12-020), ch. 225, p. 989, § 7, effective May 29. L. 2013: (2) amended, (SB 13-250), ch. 333, p. 1924, § 28, effective October 1. L. 2015: (1) amended, (SB 15-116), ch. 76, p. 200, § 1, effective July 1. L. 2018: (1)(b)(II) amended, (HB 18-1375), ch. 274, p. 1703, § 30, effective May 29. L. 2024: (1)(b)(III) added, (HB 24-1037), ch. 458, p. 3164, § 5, effective June 6.
Editor's note: This section is similar to former § 12-22-504 as it existed prior to 1992. Cross references: For the legislative declaration in the 2012 act amending subsection (1), see section 1 of chapter 225, Session Laws of Colorado 2012.
Notes of Decisions
Cited in
23
cases (
2 in the last 5 years), 1995–2026 · leading case:
People v. King, 16 P.3d 807 (Colo. 2001).
People v. King, 16 P.3d 807 (Colo. 2001).
· cites it 2× “(2000), Possession of Drug Paraphernalia, § 18-18-428, Possession of Marihuana with Intent to Distribute, § 18-18-406(8)(b), and Controlled Substance/Special Offender, § 18-18-407.”
People v. Leverton, 2017 COA 34 (Colo. Ct. App. 2017).
· cites it 4× “¶ 6 Based on the discovery of the pipe, Leverton was charged with possession of drug paraphernalia, a petty offense under section 18-18-428(2), C.R.S. 2016. Approximately two weeks later, in a separate case filed in the same judicial district, Leverton was charged with theft by…”
People v. Nelson, 296 P.3d 177 (Colo. Ct. App. 2012).
· cites it 2× “2011 (drug paraphernalia includes, as relevant here, glass pipes intended for use in inhaling marijuana); § 18-18-428, CRS. 2011 (possession of drug paraphernalia is a class two petty offense punishable by a fine of no more than $100).”
v. Wright, 2021 COA 106 (Colo. Ct. App. 2021).
· cites it 2× “§ 18-18-428(2), C.R.S. 2020. At Wright’s sentencing, the court found her to be indigent and waived the fine.”
People v. Allison, 86 P.3d 421 (Colo. 2004).
“(2003), and possession of drug paraphernalia, § 18-18-428(1), 6 C.R.S. (2003). Mr. Allison was also charged with third-degree assault, § 18-3-204, 6 C.”
People v. Syrie, 101 P.3d 219 (Colo. 2004).
“§ 18-18-428, 6 C.R.S. (2003). . § 18-18-407(1)(f), 6 C.”
People v. Brant, 252 P.3d 459 (Colo. 2011).
· cites it 2× “…this case for further proceedings consistent with this opinion. 1 . § 18-18-405(1), (2.3)(a)(ID), C.R.S. (2009). 2 . § 18-18-428(1), C.R.S. (2010).”
People v. Smith, 40 P.3d 1287 (Colo. 2002).
· cites it 2× “(2001), possession of drug paraphernalia, § 18-18-428, 6 C.R.S. (2001), and child abuse, § 18-6-401(7)(b)(II), 6 C.”
Whitaker v. People, 48 P.3d 555 (Colo. 2002).
“(2001); and Possession of Drug Paraphernalia, § 18-18-428(1), 6 C.R.S. (2001). The prosecution subsequently dismissed the two latter offenses prior to trial.”
In re R.C., 309 P.3d 954 (Colo. Ct. App. 2013).
· cites it 5× “2012 (a class 2 petty offense); possession of drug paraphernalia in violation of section 18-18-428(2), C.R.S. 2012 (a class 2 petty offense) and unsafe lane change in violation of section 42-4-1007, C.”
People v. Triantos, 55 P.3d 131 (Colo. 2002).
“…with this opinion. 1 . § 18-18-405(1), (2)(a)(D), 6 C.R.S. (2002). 2 . § 18-18-404(1)(a), 6 C.R.S. (2002). 3 . § 18-18-428, 6 C.R.S. (2002).”
People v. Lucero, 985 P.2d 87 (Colo. Ct. App. 1999).
· cites it 2× “As amended in 1992, § 18-18-428, C.R.S. 1998, provides that: A person commits possession of drug paraphernalia if he possesses drug paraphernalia and knows or reasonably should know that the drug paraphernalia could be used under circumstances in violation of the laws of this…”
Colo. Rev. Stat. § 18-18-428(1): 8 cases
People v. Allison, 86 P.3d 421 (Colo. 2004).
“(2003), and possession of drug paraphernalia, § 18-18-428(1), 6 C.R.S. (2003). Mr. Allison was also charged with third-degree assault, § 18-3-204, 6 C.”
People v. Brant, 252 P.3d 459 (Colo. 2011).
“…this case for further proceedings consistent with this opinion. 1 . § 18-18-405(1), (2.3)(a)(ID), C.R.S. (2009). 2 . § 18-18-428(1), C.R.S. (2010).”
Whitaker v. People, 48 P.3d 555 (Colo. 2002).
“(2001); and Possession of Drug Paraphernalia, § 18-18-428(1), 6 C.R.S. (2001). The prosecution subsequently dismissed the two latter offenses prior to trial.”
Colo. Rev. Stat. § 18-18-428(2): 3 cases
v. Wright, 2021 COA 106 (Colo. Ct. App. 2021).
“§ 18-18-428(2), C.R.S. 2020. At Wright’s sentencing, the court found her to be indigent and waived the fine.”
People v. Leverton, 2017 COA 34 (Colo. Ct. App. 2017).
“¶ 6 Based on the discovery of the pipe, Leverton was charged with possession of drug paraphernalia, a petty offense under section 18-18-428(2), C.R.S. 2016. Approximately two weeks later, in a separate case filed in the same judicial district, Leverton was charged with theft by…”
In re R.C., 309 P.3d 954 (Colo. Ct. App. 2013).
“2012 (a class 2 petty offense); possession of drug paraphernalia in violation of section 18-18-428(2), C.R.S. 2012 (a class 2 petty offense) and unsafe lane change in violation of section 42-4-1007, C.”
Colo. Rev. Stat. § 18-18-428(l): 1 case
Colo. Rev. Stat. § 18-18-428(l)(a): 1 case
People v. Leverton, 2017 COA 34 (Colo. Ct. App. 2017).
“¶ 6 Based on the discovery of the pipe, Leverton was charged with possession of drug paraphernalia, a petty offense under section 18-18-428(2), C.R.S. 2016. Approximately two weeks later, in a separate case filed in the same judicial district, Leverton was charged with theft by…”
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