Colorado criminal charge
Unlawful distribution, manufacturing, dispensing, sale, or cultivation of synthetic cannabinoids or salvia divinorum in Colorado
Unlawful distribution, manufacturing, dispensing, sale, or cultivation of synthetic cannabinoids or salvia divinorum is a criminal offense under Colorado law, defined by C.R.S. § 18-18-406.2. 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. § 18-18-406.2.
What is the penalty for unlawful distribution, manufacturing, dispensing, sale, or cultivation of synthetic cannabinoids or salvia divinorum in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 2 years to 4 years (General violation of subsection (1) — A person who violates any provision of subsection (1) commits this offense generally.; aggravated range 4-6 years) | presumptive | C.R.S. § 18-1.3-401.5 |
| Fine | 2000 usd to 500000 usd (General violation of subsection (1) — A person who violates any provision of subsection (1) commits this offense generally.) | discretionary | C.R.S. § 18-1.3-401.5 |
| Parole / supervision | 1 years to 1 years (General violation of subsection (1) — A person who violates any provision of subsection (1) commits this offense generally.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401.5 |
| Jail / prison | 4 years to 8 years (Distribution/sale/dispensing to a minor by an older adult — A person who dispenses, sells, or distributes any amount of synthetic cannabinoid or salvia divinorum to a minor under 18, when the person is at least 18 and at least two years older than the minor.; aggravated range 8-16 years) | presumptive | C.R.S. § 18-1.3-401.5 |
| Fine | 3000 usd to 750000 usd (Distribution/sale/dispensing to a minor by an older adult — A person who dispenses, sells, or distributes any amount of synthetic cannabinoid or salvia divinorum to a minor under 18, when the person is at least 18 and at least two years older than the minor.) | discretionary | C.R.S. § 18-1.3-401.5 |
| Parole / supervision | 2 years to 2 years (Distribution/sale/dispensing to a minor by an older adult — A person who dispenses, sells, or distributes any amount of synthetic cannabinoid or salvia divinorum to a minor under 18, when the person is at least 18 and at least two years older than the minor.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401.5 |
Applies to offenses on/after 2013-10-01.
How is unlawful distribution, manufacturing, dispensing, sale, or cultivation of synthetic cannabinoids or salvia divinorum classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| General violation of subsection (1) | level 3 drug felony | A person who violates any provision of subsection (1) commits this offense generally. | 18-18-406.2(2) |
| Distribution/sale/dispensing to a minor by an older adult | level 2 drug felony | A person who dispenses, sells, or distributes any amount of synthetic cannabinoid or salvia divinorum to a minor under 18, when the person is at least 18 and at least two years older than the minor. | 18-18-406.2(3) |
Common questions about unlawful distribution, manufacturing, dispensing, sale, or cultivation of synthetic cannabinoids or salvia divinorum in Colorado
Is unlawful distribution, manufacturing, dispensing, sale, or cultivation of synthetic cannabinoids or salvia divinorum a felony or a misdemeanor in Colorado?
It depends on the circumstances: unlawful distribution, manufacturing, dispensing, sale, or cultivation of synthetic cannabinoids or salvia divinorum ranges from a level 3 drug felony to a level 2 drug felony in Colorado under C.R.S. § 18-18-406.2.
General violation of subsection (1): level 3 drug felony (C.R.S. § 18-18-406.2(2)) · Distribution/sale/dispensing to a minor by an older adult: level 2 drug felony (C.R.S. § 18-18-406.2(3))
What are the penalties for unlawful distribution, manufacturing, dispensing, sale, or cultivation of synthetic cannabinoids or salvia divinorum in Colorado?
Penalties for unlawful distribution, manufacturing, dispensing, sale, or cultivation of synthetic cannabinoids or salvia divinorum in Colorado depend on how it is classified — from a level 3 drug felony up to a level 2 drug felony — with the ranges set by C.R.S. § 18-1.3-401.5; the full table of ranges by variant is published on this page.
Which Colorado statute covers unlawful distribution, manufacturing, dispensing, sale, or cultivation of synthetic cannabinoids or salvia divinorum?
Unlawful distribution, manufacturing, dispensing, sale, or cultivation of synthetic cannabinoids or salvia divinorum is governed by C.R.S. § 18-18-406.2 (Unlawful distribution, manufacturing, dispensing, sale, or cultivation of synthetic cannabinoids or salvia divinorum).
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.