Section 18-18-404 - Unlawful use of a controlled substance(1)(a) Except as is otherwise provided for offenses concerning marijuana and marijuana concentrate in sections 18-18-406 and 18-18-406.5, or for natural medicine or natural medicine product in section 18-18-434, article 170 of title 12, or article 50 of title 44, any person who uses any controlled substance, except when it is dispensed by or under the direction of a person licensed or authorized by law to prescribe, administer, or dispense the controlled substance for bona fide medical needs, commits a level 2 drug misdemeanor.(2) and (3) (Deleted by amendment, L. 2010, (HB 10-1352), ch. 259, p. 1163, § 2, effective August 11, 2010.)Amended by 2023 Ch. 249,§ 25, eff. 7/1/2023.Amended by 2022 Ballot Proposition 122, passed by voters in 11/8/2020 election, effective upon official proclamation by governor.Amended by 2013 Ch. 333, § 9, eff. 10/1/2013.L. 92: Entire article R&RE, p. 354, § 1, effective July 1. L. 98: (4) added, p. 1435, § 4, effective July 1. L. 99: IP(1) amended, p. 799, § 17, effective July 1. L. 2000: (4) amended, p. 1359, § 41, effective 7/1/2001. L. 2002: (4) amended, p. 1583, § 12, effective July 1. L. 2003: (1) amended and (1.1) added, p. 2681, § 2, effective July 1; (3) amended, p. 2429, § 2, effective July 1. L. 2007: (1)(b) and (1.1) repealed, p. 1689, § 10, effective July 1. L. 2009: (4) repealed, (HB 09 -1266), ch. 347, p. 1815, § 4, effective August 5. L. 2010: (1)(a), (2), and (3) amended, (HB 10 -1352), ch. 259, p. 1163, § 2, effective August 11. L. 2012: (1)(a) amended, (SB 12-020), ch. 225, p. 988, § 5, effective May 29. L. 2013: (1)(a) amended, (SB 13-250), ch. 333, p. 1909, § 9, effective October 1.(1) This section is similar to former § 18-18-104 as it existed prior to 1992.
(2) This section was amended by Proposition 122, with the proclamation of the governor on December 27, 2022. The vote count for the measure at the general election held November 8, 2022, was as follows:
FOR: 1,296,992
AGAINST: 1,121,124
For the legislative intent contained in the 2003 act amending subsection (1) and enacting subsection (1.1), see section 1 of chapter 424, Session Laws of Colorado 2003. For the legislative declaration in the 2012 act amending subsection (1)(a), see section 1 of chapter 225, Session Laws of Colorado 2012.