Retail Sale of Methamphetamine Precursor Drugs in Colorado
The attorneys at Rights & Liberties Law Firm are experienced drug offenses attorneys in Colorado who defend people charged with offenses including the retail sale of methamphetamine precursor drugs.
Retail sale of methamphetamine precursor drugs is defined in Retail Sale of Methamphetamine Precursor Drugs Statute C.R.S. 18-18-412.8 which defines the offense as follows:
C.R.S. 18-18-412.8, Colorado’s Retail Sale of Methamphetamine Precursor Drugs Statute
In Colorado, a person commits the offense of retail sale of methamphetamine precursor drugs if they knowingly deliver in or from a store to the same individual during any twenty-four-hour period more than three and six-tenths grams of a methamphetamine precursor drug or a combination of two or more methamphetamine precursor drugs. Additionally, it is unlawful for a methamphetamine precursor drug that is offered for retail sale in or from a store to be offered for sale or stored or displayed prior to sale in an area of the store to which the public is allowed access.
Possible Penalties for Retail Sale of Methamphetamine Precursor Drugs in Colorado
Offense
Level 2 Drug Misdemeanor
Possible Penalties
- Up to 12 months in jail; and/or
- $750 fine;
- Restitution
What Are the Elements of Retail Sale of Methamphetamine Precursor Drugs in Colorado?
(1) Knowingly delivering in or from a store to the same individual during any twenty-four-hour period more than three and six-tenths grams of a methamphetamine precursor drug or a combination of two or more methamphetamine precursor drugs.
(2) Offering for sale or storing or displaying a methamphetamine precursor drug in an area of the store to which the public is allowed access.
Defenses to Retail Sale of Methamphetamine Precursor Drugs 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.
Affirmative Defense
It shall be an affirmative defense to a prosecution under this statute that the person performing the retail sale was presented with and reasonably relied upon a document that identified the person receiving the methamphetamine precursor drug as being eighteen years of age or older.
Statute of Limitations for Retail Sale of Methamphetamine Precursor Drugs in Colorado
- Level 2 drug misdemeanor charges must be filed within 18 months. C.R.S. 16-5-401(1)(a.5)
Legal References
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