Unlawful Retail Sale Of Methamphetamine Precursor Drugs in Colorado

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Statute for 18 – 18 – 412.8 – Unlawful Retail Sale Of Methamphetamine Precursor Drugs

StatuteHere is the charge you are facing:

18-18-412.8. Retail sale of methamphetamine precursor drugs – unlawful acts – penalty

(1) (Deleted by amendment, L. 2006, p. 1705, § 3, effective July 1, 2006.)

(2) (a) A person may not 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.

(b) A person may not purchase more than three and six-tenths grams of a methamphetamine precursor drug or a combination of two or more methamphetamine precursor drugs during any twenty-four-hour period.

(c) 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.

(2.5) (a) A person may not deliver in a retail sale in or from a store a methamphetamine precursor drug to a minor under eighteen years of age.

(b) It shall be an affirmative defense to a prosecution under this subsection (2.5) 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.

(3) (a) A person who knowingly violates a provision of this section commits a class 2 misdemeanor and, upon conviction, shall be punished as provided in section 18-1.3-501.

(b) A person who is an owner, operator, manager, or supervisor at a store in which, or from which, a retail sale of a methamphetamine precursor drug in violation of this section is made shall not be liable under this section if he or she:

(I) Did not have knowledge of the sale; and

(II) Did not participate in the sale; and

(III) Did not knowingly direct the person making the sale to commit a violation of this section.

(4) For purposes of this section:

(a) (I) Except as otherwise provided in subparagraph (II) of this paragraph (a), “methamphetamine precursor drug” means ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, isomers, or salts of isomers.

(II) “Methamphetamine precursor drug” does not include a substance contained in any package or container that is labeled by the manufacturer as intended for pediatric use.

(b) “Person” means an individual who owns, operates, is employed by, or is an agent of a store.

(c) “Store” means any establishment primarily engaged in the sale of goods at retail.

(5) Nothing in this section shall be construed to restrict the discretion of a district attorney to bring charges under this section against a person who also is charged with violating section 18-18-412.7.

Case Law

When you look at the Statute, you may have questions about definitions of certain words or how the Colorado Court will interpret certain phrases.  To answer these questions, Criminal Defense Attorney turn to "case law."  That is, lawyers look at previous cases to determine how these words and phrases should be defined and interpreted. The best way to locate caselaw for free is to go to google scholar and search for legal opinions involving your charges from Colorado courts. Remember to talk to your attorney about any issues in your case and how the lawyer believes that the issues should be handled.


Colorado Penalties for Unlawful Retail Sale Of Methamphetamine Precursor Drugs

Penalties

The charge of Unlawful Retail Sale Of Methamphetamine Precursor Drugs, is categorized as a:

M2

Click here to find out how much jail time is associated with this penalty.

How to Use This Information

After you have hired a Denver CO Criminal Defense Attorney, you will need to sit down with him to talk about the strengths and weaknesses of your case.  To begin this process, you should think about what the prosecutor will attempt to show in order to say that you are guilty. This involves analyzing the statute language above as well as the jury instructions (which is the set of instructions that the jury will use to understand the law). This will allow you to get a better idea of how you can attack the prosecutor’s case and build your own case. So to begin, you should understand that the prosecutor will need to prove certain things beyond a reasonable doubt for you to be found guilty.  These things are called “elements”.

The jury will be notified of the elements through a set of instructions called “Jury Instructions.” The Jury Instructions will be crafted by your attorney and the prosecutor. Your Denver CO Criminal Defense Attorney will mold the jury instructions to your case, adding facts that are specific to the case and omitting unnecessary parts of the instructions.

Please find the model jury instruction for Unlawful Retail Sale Of Methamphetamine Precursor Drugs below. These will be adapted by your Denver CO Attorney for your case.

The elements of the crime of the unlawful retail sale of methamphetamine precursor drugs are: 1. That the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. as an owner, manager, operator, supervisor, employee or agent of a retail store, 4. [(for offenses before July 1, 2006) knowingly sold or delivered in a single retail sale in or from a store, 5. more than three packages of a methamphetamine precursor drug or a combination of two or more methamphetamine precursor drugs]. -or- 4. [(for offenses after July 1, 2006)knowingly sold or delivered in a single retail sale in or from a store, 5. 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.]} -or- 3. (for offenses after July 1, 2006) knowingly purchased more than three and six-tenths grams of a methamphetamine precursor drug or a combination of two or more methamph etamine precursor drugs during any twentyfour hour period.] -or- 3. [ (for offenses after July 1, 2006)as an owner, manager, operator, supervisor, employee or agent of a retail store, 4. knowingly displayed or stored a methamphetamine precursor drug that is offered or retail sale in or from the store to prior to sale in an area of the store to which the public is allowed access. -or- 3. (for offenses after July 1, 2006)as an owner, manager, operator, supervisor, employee or agent of a retail store, 4. Knowingly delivered in a retail sale in or from a store a methamphetamine precursor drug to a minor under eighteen years of age [4. ,5. or 6. without the affirmative defense in instruction number ____.] After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of the crime of the unlawful retail sale of methamphetamine precursor drugs. After considering all the evidence, if you decide the prosecution failed to prove any one or more of the elements beyond a reasonable doubt, you should find the defendant not guilty the crime of the unlawful retail sale of methamphetamine precursor drugs. NOTES ON USE The statute was amended effective July 1, 2006. The retail sale of methamphetamine precursor drugs by a store to a purchaser is limited to sales in blister packs with each blister to contain not more than two dosage units or, when the use of blister packs is technically infeasible, sales in unit does packets or pouches. For offenses on or after July 1, 2006, it shall be an affirmative defense to 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. A person who is an owner, operator, manager, or supervisor at a store in which, or from which, a retail sale of a methamphetamine precursor drug in violation of this section is made shall not be liable under this section if he or she: (I) did not have knowledge of the sale; (II) did not participate in the sale; and (III) did not knowingly direct the person making the sale to commit a violation of this section. The definitions of ?knowingly?, ?retail store? and ?methamphetamine precursor drug? must be given. For purposes of this section ?methamphetamine precursor drug? means ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, isomers, or salts of isomers. ?Methamphetamine precursor drug? does not include a substance contained in any package or container that is labeled by the manufacturer as intended for pediatric use. ?Store? means any establishment primarily engaged in the sale of goods at retail.

To begin the process of analyzing your case, think about your case from the perspective of the prosecutor.  Think about the facts that the prosecutor will have to prove to establish each element. Next, sit down with your Denver CO Criminal Defense Attorney and talk about some of the legal ways that you can use to counter the prosecutor’s evidence.  Talk to your attorney about whether he thinks any of the prosecutor’s evidence can be kept out of court.  For example, if you were illegally searched, your attorney may be able to keep the things that were found, as a result of that illegal search, out of court.  Additionally, talk to your attorney about whether you have any defenses to Unlawful Retail Sale Of Methamphetamine Precursor Drugs.

Important Notes:

Don’t Forget about Immigration:

If you are not a U.S. citizen, be sure to ask your attorney whether your charges will trigger deportation if you are found guilty or plea to the charge.

Good Luck!

The information in this post is for informational purposes only and should not be construed as legal advice or as the creation of an attorney-client relationship. For legal advice, please contact an Attorney.

Written by

Nathaniel has worked in criminal law on both sides of the aisle spending time working for the prosecution as well as the defense. Most recently Nathaniel has represented individuals in violent felonies and drug cases. Prior to this work, Nathaniel handled DWIs, Domestic Violence Cases, Property Crimes, and White Collar Crimes. On the prosecutorial side, Nathaniel has most notably worked in Bosnia helping to prosecute individuals who committed war crimes and crimes against humanity in the Bosnian War from 1993-1995. In particular, Nathaniel helped in the prosecution of military leaders who arranged for the organized murders and rapes of innocent civilians in various towns in Bosnia. Nathaniel is a graduate of the University of Texas School of Law, Northwestern University, and Phillips Exeter Academy. Google Profile: Nathaniel Baca