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CRS 18-18-406.2

Unlawful Distribution, Manufacturing, Dispensing, Sale, or Cultivation of Synthetic Cannabinoids or Salvia Divinorum

Colorado statute CRS 18-18-406.2—the unlawful distribution, manufacturing, dispensing, sale, or cultivation of synthetic cannabinoids or salvia divinorum—is a level 2 or 3 felony crime punishable by 2-8 years in prison and/or $2,000 – $750,000.

 

Let’s face it. Life happens.

No one wants to get in trouble, but when it happens, what do you do?

If you have been arrested or charged with a crime, the best decision you can make is to
hire a good criminal defense attorney. With the right defense lawyer in your corner, you
will be advised and guided towards the best outcome for your case.

Penalties for a Conviction Under CRS 18-18-406.2

Charge Classification Penalty
Unlawful distribution, manufacturing, dispensing, sale, or cultivation of synthetic cannabinoids or salvia divinorum. Level 3 drug felony
  • 2–4 years in prison (with 1 year mandatory parole) and/or
  • $2,000–$500,000 in fines
Unlawful distribution, manufacturing, dispensing, sale, or cultivation of synthetic cannabinoids or salvia divinorum to a minor Level 2 drug felony
  • 4–8 years in prison (with 2 years mandatory parole) and/or
  • $3,000–$750,000 in fines
(Colo. Rev. Stat. 18-18-406.2)

Elements of a Charge Under CRS 18-18-406.2 in Colorado

Level 3 Drug Felony Charge

Under CRS 18-18-406.2, a level 3 drug felony charge requires the prosecution to prove that you were:

  • Cultivating salvia divinorum to dispense, sell, or distribute it
  • Carrying out any of the following actions with salvia divinorum or synthetic cannabinoids:
    • Producing
    • Dispensing
    • Selling
    • Distributing
    • Possessing with the intent to conduct any of the actions above
    • Trying to or conspiring with one or more other people to accomplish any of the actions above

Level 2 Drug Felony Charge

Colorado level 2 drug felony status is applied to the offense if you:

  • Distribute, sell, or otherwise make available salvia divinorum or synthetic cannabinoids to a person under the age of 18, and
  • You are at least 18 years old and at least two years older than the minor

Possible Defenses for a Charge Under CRS 18-18-406.2 in Colorado

The following are possible defenses to charges under this section:

  • The synthetic substance was discovered after an unauthorized search and seizure violated your Fourth Amendment right protected by the US Constitution
  • You were unaware that you had synthetic cannabinoids or salvia divinorum on you
  • You solely used it for personal purposes. The intention to distribute is explicit in the statute. If absent, a charge may not stand

 

Colorado Revised Statutes, 18-18-406.2:

“(1) It is unlawful for any person knowingly to:

(a) Manufacture, dispense, sell, or distribute, or to possess with intent to manufacture, dispense, sell, or distribute, any amount of any synthetic cannabinoid or salvia divinorum;

(b) 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, any amount of any synthetic cannabinoid or salvia divinorum; or

(c) Cultivate salvia divinorum with intent to dispense, sell, or distribute any amount of the salvia divinorum.

(2) A person who violates any provision of subsection (1) of this section commits a level 3 drug felony.

(3) Notwithstanding the provisions of subsection (2) of this section, a person who violates any provision of subsection (1) of this section by dispensing, selling, or distributing any amount of any synthetic cannabinoid or salvia divinorum commits a level 2 drug felony if the person:

(a) Dispenses, sells, or distributes the synthetic cannabinoid or salvia divinorum to a minor who is less than eighteen years of age; and

(b) Is at least eighteen years of age and at least two years older than said minor.

(4) As used in this section, “dispense” does not include labeling, as defined in section 12-280-103 (23).”

 

Have You Been Arrested for a Charge Under CRS 18-18-406.2 in Colorado?

No one wants to be penalized  and serve time. If you’re charged with unlawful distribution, manufacturing, dispensing, sale, or cultivation of synthetic cannabinoids or salvia divinorum in Colorado, you should seek the assistance of a qualified criminal defense lawyer. Our Colorado criminal defense attorneys at Right Law Group have a wealth of knowledge in this field of law. We understand how to navigate the complex legal system and provide convincing evidence to a judge or jury. Call our law offices if you are near Colorado Springs or El Paso County. We’ll fight to keep you free.

Frequently Asked Questions

Is selling synthetic cannabinoids a federal crime?

According to the federal Controlled Substances Act (“CSA”), found in 21 United States Code 811, synthetic cannabinoids are forbidden. The possible penalties under the CSA for possessing synthetic marijuana for personal use are a federal jail sentence of up to one (1) year and a fine of at least $1,000.

Is synthetic marijuana the same as marijuana?

No. Synthetic marijuana is not naturally occurring. There are two ways that synthetic cannabinoids are offered for sale. One is liquid incense, which may be vaporized and inhaled via e-cigarettes or other gadgets, or herbal incense, which are dried, shredded plant materials that can be smoked like marijuana buds and have had synthetic cannabinoids sprinkled on them.

What is the highest potential sentence for this charge?

Selling, producing, or distributing fake weed or salvia divinorum can result in up to 6 years in jail or 16 years if you sell it to a juvenile, depending on the situation (for example, if you’re on parole for a felony).