2022-12-08T09:02:42
•
18-18-406.2 - Unlawful distribution, manufacturing, dispensing, sale, or cultivation of synthetic cannabinoids or salvia divinorum. • • •
•
• • • • •
• • •
•
• • •
Call Us Today - It's Free!
Text Us
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.
GET HELP NOW
Awards & Recognition
Home > CRS 18-18-406.2 — Unlawful Distribution, Manufacturing, Dispensing, Sale, or Cultivation of Synthetic Cannabinoids or Salvia Divinorum
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.
Contact Us Today For A Confidential Case Evaluation
can you take my case?
Latest Review
Travis B.
Nick was very knowledgeable and friendly when I asked him about a traffic ticket. He answered all of my questions in a timely manner. Right Law Group is an excellent criminal defense law firm and the attorneys are top notch. 10/10 will recommend to family and friends.
Rhonda E.
I called Right Law group to ask about a speeding ticket. I spoke with a lady named Rachelle. She was very helpful with answering my questions. At the end of our conversation I felt she understood how I was feeling. I appreciated her willingness and the time she spent with me. Thank you.
Chris S.
I can’t stress enough how helpful and professional the staff were. Nanette was stellar! She exceeded all of my expectations. Thank you for helping me and for getting back to me so quickly.
Travis W.
Chelle was great meeting. Even though we did not end up needing to work with her. We were super impressed with her knowledge and professionalism. If we ever have the need she will be my first call.
Call now if you have been Arrested
719-822-6227 Free case review
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).
Law Firm Locations
Colorado Springs
5030 Boardwalk Dr Suite 225, Colorado Springs, CO 80919
Castle Rock
115 Wilcox St. Suite 268, Castle Rock, CO 80104
Highlands Ranch
1745 Shea Center Dr #400, Highlands Ranch, CO 80129
Denver
730 17th Suite Number 924, Denver, CO 80202