Sale or Distribution of Materials to Manufacture Controlled Substances in Colorado
The attorneys at Rights & Liberties Law Firm are experienced drug offenses attorneys in Colorado who defend people charged with offenses including the sale or distribution of materials to manufacture controlled substances.
Sale or distribution of materials to manufacture controlled substances is defined in Sale or Distribution of Materials to Manufacture Controlled Substances Statute C.R.S. 18-18-412.7 which defines the offense as follows:
C.R.S. 18-18-412.7, Colorado’s Sale or Distribution of Materials to Manufacture Controlled Substances Statute
In Colorado, a person commits the offense of sale or distribution of materials to manufacture controlled substances if they sell or distribute chemicals, supplies, or equipment, and know or reasonably should know or believe that a person intends to use the chemicals, supplies, or equipment to illegally manufacture a controlled substance.
Possible Penalties for Sale or Distribution of Materials to Manufacture Controlled Substances in Colorado
Offense
Level 2 Drug Felony
Possible Penalties
- 4-16 years in Colorado State Prison or Community Corrections followed by 2 years of mandatory parole; or
- Probation; and/or
- $3,000 – $750,000 fine;
- Restitution
What Are the Elements of Sale or Distribution of Materials to Manufacture Controlled Substances in Colorado?
(1) Selling or distributing chemicals, supplies, or equipment.
(2) Knowing or reasonably should know or believing that a person intends to use the chemicals, supplies, or equipment to illegally manufacture a controlled substance.
Defenses to Sale or Distribution of Materials to Manufacture Controlled Substances in Colorado
General Denial
The accused will be acquitted if the prosecution cannot prove every element of the offense beyond a reasonable doubt.
Mistaken Identity
This defense attacks the element of who committed the alleged offense.
Alternate Suspect
This defense casts doubt on the identity element of the offense by suggesting another person committed the crime.
Duress
Under C.R.S. 18-1-708, a person may not be convicted if they engaged in the conduct due to the use or threatened use of unlawful force.
Entrapment
Under C.R.S. 18-1-709, the commission of acts which would otherwise constitute an offense is not criminal if the defendant was induced to do so by law enforcement.
Choice of Evils
Under C.R.S. 18-1-702, conduct which would otherwise constitute an offense is justifiable when necessary to avoid imminent public or private injury.
Lack of Knowledge
The defense may argue that the defendant did not know and could not reasonably have known that the materials would be used to manufacture controlled substances.
Legitimate Business Purpose
The defense may argue that the sale or distribution of the materials was for a legitimate business purpose and not intended for illegal drug manufacturing.
Affirmative Defense
It shall be an affirmative defense to a prosecution under this statute that the person performing the sale or distribution was presented with and reasonably relied upon a document that identified the person receiving the materials as being authorized to purchase them.
Statute of Limitations for Sale or Distribution of Materials to Manufacture Controlled Substances in Colorado
- Level 2 drug felony charges must be filed within 3 years. C.R.S. 16-5-401(1)(a.5)
Legal References
Contact Colorado’s Drug Attorneys at Rights & Liberties Law Firm to Fight for You Today
If you’ve been charged with a drug offense contact the attorneys at Rights & Liberties Law Firm to vindicate your rights and protect your liberties. If you’re facing criminal charges or fear you may be charged time is of the essence. Start Your Free Criminal Defense Case Quote. By retaining Rights & Liberties Law Firm you can rest assured that:
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