Colorado criminal charge
Imitation controlled substances in Colorado
Imitation controlled substances is a criminal offense under Colorado law, defined by C.R.S. § 18-18-422. Its classification is not fixed: Colorado assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by C.R.S. § 18-18-422.
What is the penalty for imitation controlled substances in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 6 months to 12 months (Manufacture, distribution, or possession with intent to distribute an imitation controlled substance — Applies when a person manufactures, distributes, or possesses with intent to distribute an imitation controlled substance, in violation of (1)(a).; aggravated range 1-2 years) | presumptive | C.R.S. § 18-1.3-401.5 |
| Fine | $1,000 to $100,000 (Manufacture, distribution, or possession with intent to distribute an imitation controlled substance — Applies when a person manufactures, distributes, or possesses with intent to distribute an imitation controlled substance, in violation of (1)(a).) | discretionary | C.R.S. § 18-1.3-401.5 |
| Parole / supervision | 1 years to 1 years (Manufacture, distribution, or possession with intent to distribute an imitation controlled substance — Applies when a person manufactures, distributes, or possesses with intent to distribute an imitation controlled substance, in violation of (1)(a).; mandatory parole) | mandatory | C.R.S. § 18-1.3-401.5 |
| Jail / prison | 2 years to 4 years (Distribution of imitation controlled substance to a minor by an older adult — Applies when an adult distributes an imitation controlled substance to a minor and the adult is at least two years older than the minor.; aggravated range 4-6 years) | presumptive | C.R.S. § 18-1.3-401.5 |
| Fine | $2,000 to $500,000 (Distribution of imitation controlled substance to a minor by an older adult — Applies when an adult distributes an imitation controlled substance to a minor and the adult is at least two years older than the minor.) | discretionary | C.R.S. § 18-1.3-401.5 |
| Parole / supervision | 1 years to 1 years (Distribution of imitation controlled substance to a minor by an older adult — Applies when an adult distributes an imitation controlled substance to a minor and the adult is at least two years older than the minor.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401.5 |
| Jail / prison | 6 months to 18 months (Advertisement or solicitation promoting distribution of imitation controlled substances — Applies when a person knowingly places or distributes an advertisement or solicitation that will promote the distribution of imitation controlled substances, in violation of (3)(a).) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | $500 to $5,000 (Advertisement or solicitation promoting distribution of imitation controlled substances — Applies when a person knowingly places or distributes an advertisement or solicitation that will promote the distribution of imitation controlled substances, in violation of (3)(a).) | discretionary | C.R.S. § 18-1.3-501 |
Applies to offenses on/after 2013-10-01.
How is imitation controlled substances classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Manufacture, distribution, or possession with intent to distribute an imitation controlled substance | Level 4 Drug Felony | Applies when a person manufactures, distributes, or possesses with intent to distribute an imitation controlled substance, in violation of (1)(a). | 18-18-422(1)(b)(I) |
| Distribution of imitation controlled substance to a minor by an older adult | Level 3 Drug Felony | Applies when an adult distributes an imitation controlled substance to a minor and the adult is at least two years older than the minor. | 18-18-422(2)(a) |
| Advertisement or solicitation promoting distribution of imitation controlled substances | Level 1 Drug Misdemeanor | Applies when a person knowingly places or distributes an advertisement or solicitation that will promote the distribution of imitation controlled substances, in violation of (3)(a). | 18-18-422(3)(b) |
Common questions about imitation controlled substances in Colorado
Is imitation controlled substances a felony or a misdemeanor in Colorado?
It depends on the circumstances: imitation controlled substances ranges from a Level 1 Drug Misdemeanor to a Level 3 Drug Felony in Colorado under C.R.S. § 18-18-422.
Manufacture, distribution, or possession with intent to distribute an imitation controlled substance: Level 4 Drug Felony (C.R.S. § 18-18-422(1)(b)(I)) · Distribution of imitation controlled substance to a minor by an older adult: Level 3 Drug Felony (C.R.S. § 18-18-422(2)(a)) · Advertisement or solicitation promoting distribution of imitation controlled substances: Level 1 Drug Misdemeanor (C.R.S. § 18-18-422(3)(b))
What are the penalties for imitation controlled substances in Colorado?
Penalties for imitation controlled substances in Colorado depend on how it is classified — from a Level 1 Drug Misdemeanor up to a Level 3 Drug Felony — with the ranges set by C.R.S. § 18-1.3-401.5 and C.R.S. § 18-1.3-501; the full table of ranges by variant is published on this page.
Which Colorado statute covers imitation controlled substances?
Imitation controlled substances is governed by C.R.S. § 18-18-422 (Imitation controlled substances - violations - penalties).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.