Colorado Possession of Drug Paraphernalia Offenses

Colorado is one of the states that now allows the legal recreational and medicinal use of marijuana.

However, that does not give residents or visitors of the state the right to use all drugs, or carry certain drug paraphernalia.

It is important to understand what is and is not allowed in Colorado when it comes to drug paraphernalia as well as the consequences of possessing illegal drug accessories.

The criminal defense attorneys at Miller Leonard, P.C. have represented many clients around Golden that have drug paraphernalia charges. Call or contact the office today to learn more about your legal options.

What Qualifies as Drug Paraphernalia?

In Colorado, the possession of drug paraphernalia is a Class 2 petty offense, which can come with fines up to $100.

Police can charge you with this offense if you knew or should reasonably know that the drug paraphernalia in your possession could violate the state’s drug laws.

Drug paraphernalia includes, but is not limited to, the following:

● Hypodermic needles and syringes
● Methamphetamine pipes
● Coke vials
● Scales
● Purity analyzers
● Separation gins and snifters
● Blenders, bowls, spoons, containers, and mixing devices
● Drug containers
● Any other equipment or materials used in any form for the purpose of introducing a controlled substance into the body in violation of the state’s drug laws

Exception for Marijuana Accessories

Given the legality of marijuana consumption in Colorado, the law specifically excludes marijuana drug paraphernalia from the law.

Marijuana accessories are items such as equipment, products, or materials of any kind which have a use in for the preparation of marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body.

These products are not considered a violation of Colorado law and are in Colorado.

Exception for Hypodermic Needles

If a peace officer stops you in Colorado, or you get treatment from an emergency medical technician or other first responder, they might ask if you have a hypodermic needle or syringe in your possession.

If you disclose that you have the needle or syringe prior to a search, assessment, or treatment you cannot get a charge with possession of drug paraphernalia or for unlawful possession of a controlled substance for any residual drugs on the hypodermic needle or in the syringe.

Exception for Good Faith Reporting

One final exception to Colorado possession laws is if you report in good faith an emergency drug or alcohol overdose to law enforcement, a 911 responder, or medical provider.

You cannot get a charge with possession of drug paraphernalia so long as you remain at the scene until emergency responders or police arrive and identify yourself to, and cooperate with, any police officer, emergency medical responder, or health technician that arrives.

Talk to Our Office Today

Do you have a drug paraphernalia charge in Colorado? If so, call the office or contact us at Miller Leonard, P.C. in Golden today to speak with a knowledgeable criminal defense attorney about your case.


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