§ 18-18-428 — Possession of drug paraphernalia - penalty - exceptions

(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.

Legislative History

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.