(1) A person who commits a
felony offense pursuant to this part 4 under any one or more of the following
aggravating circumstances commits a level 1 drug felony and is a special offender:
(a) The defendant committed the violation as part of a pattern of
manufacturing, sale, dispensing, or distributing controlled substances, which
violation is a felony under applicable laws of Colorado, which constituted a
substantial source of that person's income, and in which that person manifested
special skill or expertise;
(b) The defendant committed the violation in the course of, or in furtherance
of, a conspiracy with one or more persons to engage in a pattern of manufacturing,
sale, dispensing, or distributing a controlled substance, which offense is a felony
under applicable laws of Colorado, and the defendant did, or agreed that he or she
would, initiate, organize, plan, finance, direct, manage, or supervise all or part of
such conspiracy or manufacture, sale, dispensing, or distributing, or give or receive
a bribe, or use force in connection with such manufacture, sale, dispensing, or
distribution;
(c) The defendant committed the violation and in the course of that violation,
introduced or imported into the state of Colorado more than fourteen grams of any
schedule I or II controlled substance listed in part 2 of this article 18; more than
seven grams of methamphetamine, heroin, ketamine, or cathinones; ten milligrams
of flunitrazepam; or any material, compound, mixture, or preparation that weighs
more than four grams and contains fentanyl, carfentanil, benzimidazole opiate, or
an analog thereof as described in section 18-18-204 (2)(g);
(d) (I) The defendant used, displayed, or possessed on his or her person or
within his or her immediate reach, a deadly weapon as defined in section 18-1-901
(3)(e) at the time of the commission of a violation; or
(II) The defendant or a confederate of the defendant possessed a firearm, as
defined in section 18-1-901 (3)(h), to which the defendant or confederate had access
in a manner that posed a risk to others or in a vehicle the defendant was occupying
at the time of the commission of the violation;
(e) The defendant solicited, induced, encouraged, intimidated, employed,
hired, or procured a child, as defined in section 19-1-103, to act as the defendant's
agent to assist in the unlawful distribution, manufacturing, dispensing, sale, or
possession for the purposes of sale of any controlled substance at the time of the
commission of the violation. It is not a defense pursuant to this subsection (1)(e) that
the defendant did not know the age of the child.
(f) (I) The defendant engaged in a continuing criminal enterprise by violating
any felony provision; and
(II) The violation is a part of a continuing series of two or more violations of
this part 4 on separate occasions:
(A) Which are undertaken by that person in concert with five or more other
persons with respect to whom that person occupies a position of organizer,
supervisor, or any other position of management; and
(B) From which that person obtained substantial income or resources.
(g) (I) The defendant is convicted of selling, distributing, possessing with
intent to distribute, manufacturing, or attempting to manufacture any controlled
substance either within or upon the grounds of any public or private elementary
school, middle school, junior high school, or high school, vocational school, or public
housing development; within one thousand feet of the perimeter of any such school
or public housing development grounds on any street, alley, parkway, sidewalk,
public park, playground, or other area or premises that is accessible to the public;
within any private dwelling that is accessible to the public for the purpose of the
sale, distribution, use, exchange, manufacture, or attempted manufacture of
controlled substances in violation of this article; or in any school vehicle, as defined
in section 42-1-102 (88.5), C.R.S., while such school vehicle is engaged in the
transportation of persons who are students.
(II) The department of education may cooperate with local boards of
education and the officials of public housing developments and make
recommendations regarding the uniform implementation and furnishing of notice of
the provisions of this paragraph (g). Such recommendations may include, but need
not be limited to, the uniform use of signs and other methods of notification that
may be used to implement this paragraph (g).
(III) For the purposes of this section, the term public housing development
means any low-income housing project of any state, county, municipal, or other
governmental entity or public body owned and operated by a public housing
authority that has an on-site manager. Public housing developmentdoes not
include single-family dispersed housing or small or large clusters of dispersed
housing having no on-site manager.
(h) The defendant committed a violation of section 18-18-405 (2)(a)(I)(D),
(2)(b)(I)(D), or (2)(c)(V), and the defendant possessed pill or tablet manufacturing
equipment with the intent to use the equipment in the manufacture of a controlled
substance.
(2) (a) In support of the findings under paragraph (a) of subsection (1) of this
section, it may be shown that the defendant has had in his or her own name or under
his or her control income or property not explained as derived from a source other
than such manufacture, sale, dispensing, or distribution of controlled substances.
(b) For the purposes of paragraph (a) of subsection (1) of this section only, a
substantial source of that person's income means a source of income which, for
any period of one year or more, exceeds the minimum wage, determined on the
basis of a forty-hour week and fifty-week year, or which, for the same period,
exceeds fifty percent of the defendant's declared adjusted gross income under
Colorado or any other state law or under federal law, whichever adjusted gross
income is less.
(c) For the purposes of paragraph (a) of subsection (1) of this section,
special skill or expertise in such manufacture, sale, dispensing, or distribution
includes any unusual knowledge, judgment, or ability, including manual dexterity,
facilitating the initiation, organizing, planning, financing, directing, managing,
supervising, executing, or concealing of such manufacture, sale, dispensing, or
distributing, the enlistment of accomplices in such manufacture, sale, dispensing,
or distribution, the escape from detection or apprehension for such manufacture,
sale, dispensing, or distribution, or the disposition of the fruits or proceeds of such
manufacture, sale, dispensing, or distribution.
(d) For the purposes of paragraphs (a) and (b) of subsection (1) of this
section, such manufacture, sale, dispensing, or distribution forms a pattern if it
embraces criminal acts which have the same or similar purposes, results,
participants, victims, or methods of commission or otherwise are interrelated by
distinguishing characteristics and are not isolated events.
(3) Reserved.
(4) and (5) (Deleted by amendment, L. 2013.)