§ 18-18-428 CRS – Possession of Drug Paraphernalia – Colorado Law

Colorado Revised Statutes § 18-18-428 makes it a drug petty offense to possess drug paraphernalia unlawfully. Doing so carries a fine of up to $100 but no actual jail time.

It is generally not illegal to have marijuana paraphernalia because state law permits possessing up to two ounces of recreational marijuana to use in private.

The following graphic shows common types of paraphernalia in Colorado drug crimes.

In this article, our Colorado criminal defense attorneys discuss the following topics related to drug paraphernalia:

• 1. Elements
• 2. Examples
• 3. Penalties
• 4. Marijuana Paraphernalia
• 5. Hypodermic Needle Exception
• 6. Defenses
• 7. Record Seals
• Additional Resources

1. Elements

Colorado Revised Statute 18-18-428 prohibits the “possession” of drug paraphernalia if you know – or reasonably should know – that the paraphernalia could be used to make, store, use, or ingest drugs.

You are considered “in possession” if you have either:

• actual possession, such as physically holding a meth pipe;
• constructive possession, such as storing hypodermic needles in one’s closet; or
• joint possession, such as sharing drug containers with a roommate.

Note it is not a criminal offense to possess paraphernalia for marijuana, marijuana concentrate, or medical marijuana.¹

Possessing drug paraphernalia such as methamphetamine pipes in violation of CRS 18-18-428 is a drug petty offense.

2. Examples

CRS 18-18-426 defines drug paraphernalia as:

“all equipment, products, and materials of any kind that are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of [Colorado law].”

In other words, pretty much anything counts as drug paraphernalia if the district attorney can prove you used it to help store, use, or process drugs in any way. Examples of drug paraphernalia are:

• scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
• blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances;
• capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;
• containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances; or
• objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing cocaine into the human body, such as:
  • Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, or punctured metal bowls;
  • Water pipes;
  • Carburetion tubes and devices;
  • Smoking and carburetion masks;
  • Miniature cocaine spoons and cocaine vials;
  • Chamber pipes;
  • Carburetor pipes;
  • Electric pipes;
  • Air-driven pipes;
  • Chillums; or
  • Ice pipes or chillers.

Note that drug paraphernalia does not include marijuana accessories. Examples include

• bongs,
• rolling papers, and
• roach clips.²

3. Penalties

Possessing drug paraphernalia is a drug petty offense, punishable by up to $100 and no jail.³

See our related article on advertising drug paraphernalia (CRS 18-18-430), which is a level 2 drug misdemeanor. This drug offense can carry jail time.

Marijuana accessories are not considered drug paraphernalia under Colorado criminal law.

4. Marijuana Paraphernalia

Colorado law permits the possession of cannabis drug paraphernalia. The reason is that state law permits possession of up to two ounces of marijuana for recreational use in private.⁴

Note that the possession and use of marijuana are still illegal under federal drug law.⁵

5. Hypodermic Needle Exception

You can be asked if you have a hypodermic needle or syringe prior to:

• an emergency medical technician or other first responder treating you, or
• a police officer searching your person, premises, or vehicle.

As long as you disclose your possession of a needle(s) before the search, assessment, or treatment, you are immune from charges of drug paraphernalia possession.

You are also immune from charges of unlawful possession of a controlled substance (CRS 18-18-403.5) for any minuscule, residual controlled substance that may be present in a used hypodermic needle or syringe.⁶

6. Defenses

Five possible defense arguments that could get a possession of drug paraphernalia charge dismissed include:

1. The police did not have probable cause to carry out an arrest.
2. You were not unaware – and could not reasonably be aware – that the material was drug paraphernalia.⁷
3. The materials were generic (such as a bowl or scale), and you never used them in a drug-related way.
4. Law enforcement found the paraphernalia during an illegal search and seizure.
5. You were immune from prosecution because the paraphernalia was a hypodermic needle or syringe that you disclosed ahead of time to the peace officer or EMT.

It is also a defense if you contacted the authorities to make a good faith report of an alcohol or illegal drug overdose, remained at the scene until the police or EMT arrived, and cooperated with them.

7. Record Seals

A Colorado conviction for drug paraphernalia possession can be sealed one year after the case ends. If the court dismisses your cases, then there is no wait time before you can pursue a record seal.⁸

Learn how to seal Colorado criminal records.

Additional Resources

If you or a loved one is struggling with addiction, refer to the following:

• Narcotics Anonymous (NA) – A 12-step program to overcome drug addiction.
• Substance Abuse and Mental Health Service Administration (SAMHSA) – 24/7 treatment referral service.
• Recovery Village – Support group for families of people struggling with drug addiction.
• Drug Addiction – Mayo Clinic article on diagnosing Substance Use Disorder.
• I Need Help With Drug Addiction – Resources provided by Recovery Centers of America.

See our related articles on the possession of marijuana, marijuana laws, drug possession laws, unlawful use of drugs, and level 4 drug felonies.

Legal References