§ 18-18-405 — Unlawful distribution, manufacturing, dispensing, or sale

(1) (a)
Except as authorized by part 1 of article 280 of title 12, part 2 of article 80 of title
27, part 2 or 3 of this article 18, section 18-18-434, article 170 of title 12, or article
50 of title 44, it is unlawful for any person knowingly to manufacture, dispense, sell,
or distribute, or to possess with intent to manufacture, dispense, sell, or distribute,
a controlled substance; or induce, attempt to induce, or conspire with one or more
other persons, to manufacture, dispense, sell, distribute, or possess with intent to
manufacture, dispense, sell, or distribute, a controlled substance; or possess one or
more chemicals or supplies or equipment with intent to manufacture a controlled
substance.

(b) As used in this subsection (1), dispense does not include labeling, as
defined in section 12-280-103 (23).

(2) Except as otherwise provided for an offense concerning marijuana and
marijuana concentrate in section 18-18-406 and for special offenders as provided in
section 18-18-407, any person who violates any of the provisions of subsection (1) of
this section:

(a) Commits a level 1 drug felony and is subject to the mandatory sentencing
provisions in section 18-1.3-401.5 (7) if:

(I) The violation involves any material, compound, mixture, or preparation
that weighs:

(A) More than two hundred twenty-five grams and contains a schedule I or
schedule II controlled substance; or

(B) More than one hundred twelve grams and contains methamphetamine,
heroin, ketamine, or cathinones; or

(C) More than fifty milligrams and contains flunitrazepam; or

(D) More than fifty grams and contains fentanyl, carfentanil, benzimidazole
opiate, or an analog thereof as described in section 18-18-204 (2)(g); or

(II) An adult sells, dispenses, distributes, or otherwise transfers any quantity
of a schedule I or schedule II controlled substance or any material, compound,
mixture, or preparation that contains any amount of a schedule I or schedule II
controlled substance, other than marijuana or marijuana concentrate, to a minor
and the adult is at least two years older than the minor;

(III) (A) Except as provided in section 18-1-711 (3)(i), the defendant committed
a violation of subsection (2)(a)(I)(D), (2)(b)(I)(D), or (2)(c)(V) of this section, and the
actions in violation of subsection (2)(a)(I)(D), (2)(b)(I)(D), or (2)(c)(V) of this section
are the proximate cause of the death of another person who used or consumed the
material, compound, mixture, or preparation that contained fentanyl, carfentanil,
benzimidazole opiate, or an analog thereof as described in section 18-18-204 (2)(g).

(B) Notwithstanding subsection (2)(a)(III)(A) of this section, a defendant who
committed a violation of subsection (2)(c)(V) of this section, and the actions in
violation of subsection (2)(c)(V) of this section are the proximate cause of the death
of another person who used or consumed the material, compound, mixture, or
preparation that contained fentanyl, carfentanil, benzimidazole opiate, or an analog
thereof as described in section 18-18-204 (2)(g), is not subject to the mandatory
sentencing requirement as described in section 18-1.3-401.5 (7).

(b) Commits a level 2 drug felony if:

(I) The violation involves any material, compound, mixture, or preparation
that weighs:

(A) More than fourteen grams, but not more than two hundred twenty-five
grams, and contains a schedule I or schedule II controlled substance;

(B) More than seven grams, but not more than one hundred twelve grams,
and contains methamphetamine, heroin, ketamine, or cathinones;

(C) More than ten milligrams, but not more than fifty milligrams, and
contains flunitrazepam; or

(D) More than four grams, but not more than fifty grams, and contains
fentanyl, carfentanil, benzimidazole opiate, or an analog thereof as described in
section 18-18-204 (2)(g);

(II) An adult sells, dispenses, distributes, or otherwise transfers any quantity
of a schedule III or schedule IV controlled substance or any material, compound,
mixture, or preparation that contains any quantity of a schedule III or schedule IV
controlled substance to a minor and the adult is at least two years older than the
minor;

(c) Except as provided in subsection (8) of this section, commits a level 3
drug felony if the violation involves any material, compound, mixture, or preparation
that weighs:

(I) Not more than fourteen grams and contains a schedule I or schedule II
controlled substance;

(II) Not more than seven grams and contains methamphetamine, heroin,
ketamine, or cathinones;

(III) Not more than ten milligrams and contains flunitrazepam;

(IV) More than four grams and contains a schedule III or schedule IV
controlled substance; or

(V) Not more than four grams and contains fentanyl, carfentanil,
benzimidazole opiate, or an analog thereof as described in section 18-18-204 (2)(g).

(d) Except as provided in subsection (8) of this section or section 18-1-711
(3)(j), commits a level 4 drug felony if:

(I) The violation involves any material, compound, mixture, or preparation
that weighs not more than four grams and contains a schedule III or schedule IV
controlled substance; or

(II) Notwithstanding the provisions of paragraph (c) of this subsection (2), the
violation involves distribution or transfer of the controlled substance for the
purpose of consuming all of the controlled substance with another person or
persons at a time substantially contemporaneous with the transfer; except that this
subparagraph (II) applies only if the distribution or transfer involves not more than
four grams of a schedule I or II controlled substance or not more than two grams of
methamphetamine, heroin, ketamine, or cathinones;

(e) Commits a level 1 drug misdemeanor if the violation involves:

(I) A schedule V controlled substance; or

(II) A transfer with no remuneration of not more than four grams of a
schedule III or schedule IV controlled substance.

(2.1) Repealed.

(2.3) (a) (Deleted by amendment, L. 2010, (HB 10-1352), ch. 259, p. 1163, � 3,
effective August 11, 2010.)

(b) Repealed.

(2.5) to (4) Repealed.

(5) When a person commits unlawful distribution, manufacture, dispensing,
sale, or possession with intent to manufacture, dispense, sell, or distribute any
schedule I or schedule II controlled substance, as listed in section 18-18-203 or 18-18-204, flunitrazepam, ketamine, or cathinones, or conspires with one or more
persons to commit the offense, pursuant to subsection (1) of this section, twice or
more within a period of six months, without having been placed in jeopardy for the
prior offense or offenses, the aggregate amount of the schedule I or schedule II
controlled substance, flunitrazepam, ketamine, or cathinones involved may be used
to determine the level of drug offense.

(6) and (7) Repealed.

(8) Except for a prosecution for manufacturing, a person commits a level 1
drug misdemeanor for a violation of subsection (2)(c)(I), (2)(c)(II), (2)(c)(V), or (2)(d) of
this section if:

(a) The distribution, dispensing, transfer, or sale involves a material,
compound, mixture, or preparation that weighs not more than four grams and
contains any amount of a controlled substance identified in subsection (2)(c)(I),
(2)(c)(II), (2)(c)(V), or (2)(d) of this section;

(b) The defendant reports in good faith an emergency drug overdose event
to a law enforcement officer, to the 911 system, or to a medical provider, or the
defendant aids or seeks aid for the person who suffered the emergency drug
overdose;

(c) The defendant remains at the scene of the event until a law enforcement
officer or an emergency medical responder arrives or the defendant remains at the
facilities of the medical provider until a law enforcement officer arrives;

(d) The defendant identifies himself or herself and cooperates with the law
enforcement officer, emergency medical responder, or medical provider; and

(e) The offense arises from the same course of events from which the
emergency overdose event arose.

Legislative History

Source: L. 92: Entire article R&RE, p. 356, � 1, effective July 1. L. 93: (4) amended, p. 972, � 2, effective July 1. L. 94: (2)(a)(I) and (4)(a) amended, p. 1723, � 24, effective July 1. L. 97: (2)(a)(I) and (3)(a) amended and (4) repealed, pp. 1542, 1543, �� 9,10, effective July 1. L. 98: (5) amended and (6) added, pp. 1443, 1435, �� 30, 5, effective July 1. L. 99: (2.5) added and (5) amended, pp. 795, 796, �� 6, 8, effective July 1. L. 2000: (6) amended, p. 1360, � 42, effective July 1, 2001. L. 2002: (1)(a) amended, p. 1270, � 1, effective July 1; (2)(a)(II), (2)(b)(II), (2)(c)(II), (2)(d)(II), (2.5)(a), and (6) amended, pp. 1579, 1583, �� 4, 13, effective July 1; (3)(a)(I), (3)(a)(II), (3)(a)(III), and (3)(b) amended, p. 1518, � 212, effective October 1. L. 2003: IP(3)(a) amended, p. 1424, � 2, effective April 29; (2), (2.5), and IP(3)(a) amended and (2.1), (2.3), and (2.6) added, p. 2682, � 3, effective July 1. L. 2004: (3)(a) amended and (3.5) added, p. 636, � 12, effective August 4. L. 2007: (2)(b), (2.1), (2.3)(b), (2.5)(c), and (2.6) repealed, p. 1689, � 10, effective July 1. L. 2009: (6) repealed, (HB 09-1266), ch. 347, p. 1815, � 5, effective August 5. L. 2010: (1)(a), IP(2)(a), (2)(a)(I)(A), (2.3)(a), (2.5)(a), (2.5)(b), IP(3)(a), and (5) amended and (7) added, (HB 10-1352), ch. 259, pp. 1163, 1166, �� 3, 5, effective August 11. L. 2012: (1) amended, (HB 12-1311), ch. 281, p. 1622, � 55, effective July 1. L. 2013: (2) and (5) amended and (2.5), (3), (3.5), and (7) repealed, (SB 13-250), ch. 333, p. 1909, � 10, effective October 1. L. 2014: (2)(a)(I)(B), (2)(b)(I)(B), (2)(c)(II), (2)(d)(II), and (5) amended, (SB 14-163), ch. 391, p. 1976, � 19, effective July 1. L. 2019: (1) amended, (HB 19-1172), ch. 136, p. 1679, � 106, effective October 1. L. 2022: (2)(a)(I)(D), (2)(a)(III), (2)(b)(I)(D), and (2)(c)(V) added and (2)(b)(I)(B), (2)(b)(I)(C), (2)(c)(III), and (2)(c)(IV) amended, (HB 22-1326), ch. 225, p. 1628, � 3, effective July 1. Initiated 2022: (1)(a) amended, Proposition 122, L. 2022, effective upon proclamation of the Governor, December 27, 2022. L. 2023: IP(2)(c) and IP (2)(d) amended and (8) added, (HB 23-1167), ch. 144, p. 616, � 2, effective May 1; (1)(a) amended, (SB 23-290), ch. 249, p. 1412, � 26, effective July 1.