CRS 18-18-412.5 is the Colorado law prohibiting the possession of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts or isomers with the intent to use them to make methamphetamine or any controlled substance.
Possession of methamphetamine precursors with the intent to manufacture drugs is a level 2 drug felony in Colorado, punishable by 4 to 8 years in prison and/or $3,000 to $750,000.
CRS 18-18-412.5 states:
(1) The general assembly finds and declares that persons are manufacturing methamphetamine and amphetamine using nonprescription drugs that are readily and legally available. The general assembly further finds that it is necessary to make illegal the possession of such nonprescription drugs with the intent to use them as immediate precursors in manufacturing any controlled substance.
(2) Notwithstanding any other provision of law to the contrary, no person shall possess ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, with the intent to use such product as an immediate precursor in the manufacture of any controlled substance.
(3) A person who violates the provisions of this section commits a level 2 drug felony.
In this article, our Colorado criminal defense attorneys discuss:
- 1. What does CRS 18-18-412.5 do?
- 2. Can I go to prison for possessing meth precursors?
- 3. How can I fight the charges?
- 4. Is the record sealable?
1. What does CRS 18-18-412.5 do?
Colorado state law prohibits the possession of the following non-prescription drugs with the intent to use them to make methamphetamine, amphetamine, or any other controlled substance:
- ephedrine,
- pseudoephedrine,
- phenylpropanolamine, or
- their salts, isomers, or salts of isomers.
Since these precursors can be used to make illegal and dangerous drugs, their retail sales are highly regulated. The following chart lists common, over-the-counter cold medicines, decongestants, and diet pills that contain these illicit drug precursors:
|
Drug precursors |
Drugs that contain precursors |
| Ephedrine |
|
| Pseudoephedrine |
|
| Phenylpropanolamine |
|
In short, it is perfectly legal to buy and possess the above drugs as long as you have no intention of using them for methamphetamine production or for manufacturing other controlled substances.
Purchasing large amounts of these drugs at a time may cause police to suspect you have a methamphetamine laboratory or are making other schedule I, schedule II, schedule III, schedule IV, or schedule V drugs.1
CRS 18-18-412.5 prohibits possessing ephedrine, pseudoephedrine, or phenylpropanolamine with the intent to manufacture drugs.
2. Can I go to prison for possessing meth precursors?
Possessing methamphetamine precursors with the intent to make drugs is a level 2 drug felony in Colorado. The penalty is:
- 4 to 8 years in Colorado State Prison (with 2 years mandatory parole), and/or
- A fine of $3,000 to $750,000.
This crime is a felony whether it is a first or subsequent offense, whether you submit to drug treatment for substance abuse, or whether the amount of methamphetamine (or other drugs) you made is small.
And if you are subject to Colorado’s aggravated drug sentencing (for example, because you are on parole for a felony), the maximum prison sentence is 16 years in prison.2
3. How can I fight the charges?
Five potential defenses to charges of possessing drug precursors are:
- You were legitimately buying the medications to treat a cold or flu, or for weight loss;
- The drugs did not belong to you, and you were never in possession of them;
- You had no intention of using the product(s) to manufacture a controlled substance;
- Local law enforcement agency officers found the drugs during an unlawful search and seizure in violation of your rights under the Fourth Amendment; and/or
- Law enforcement officers committed other misconduct, such as coercing a confession.
4. Is the record sealable?
Yes. Level 2 drug felonies can be sealed from your record five years after the case ends. And if the charge gets dismissed, you can pursue a record seal immediately.3
Learn how to seal Colorado criminal records.
Possessing meth precursor chemicals with intent to make drugs is a level 2 drug felony in Colorado.
Contact our criminal law firm for legal advice. Our Colorado criminal defense lawyers fight to get your illegal drug crime charges reduced to minor misdemeanors or dismissed. See our related articles on drug paraphernalia (CRS 18-18-428), drug possession (CRS 18-18-403.5), medical use of marijuana, drug use (CRS 18-18-404), ketamine, and child abuse (CRS 18-6-401).
Helpful Links
- Colorado Department of Public Health and Environment (CDPHE)
- Colorado Division of Criminal Justice
- Colorado Uniform Controlled Substances Act
- Controlled Substances Act (federal law – 21 U.S.C. chapter 13)
- Department of Justice (DOJ)
- Drug Enforcement Administration (DEA)
- U.S Department of Health and Human Services (HHS)
- National Institute on Drug Abuse (NIDA)
Legal References
- Colorado Revised Statute 18-18-412.5. See, for example, People v. Veren (2005) 140 P.3d 131. See, for example, People v. Reed (2002) 56 P.3d 96.
- CRS 18-18-412.5. CRS 18-1.3-401.5.
- NRS 24-72-701-709.