Are synthetic marijuana and Salvia divinorum legal in Colorado?
Colorado law makes it a misdemeanor to possess or use either synthetic cannabinoids or Salvia divinorum and a felony to sell or manufacture them. Simple possession can be punished by a fine of up to $750. Manufacturing or selling synthetic marijuana or salvia can land you in prison for up to 4 years – longer if you sell it to a minor or you are on parole for a felony. To help you better understand Colorado’s law on imitation marijuana, our Denver Colorado criminal defense lawyers discuss the following, below:- 1. What is synthetic marijuana?
- 2. What are the effects of synthetic marijuana?
- 3. What is Salvia divinorum
- 4. What are the effects of S. divinorum
- 5. Penalties for synthetic cannabinoids or salvia divinorum
- 6. Defenses to synthetic weed or salvia charges
- 7. Synthetic drugs and federal law
1. What is synthetic marijuana?
Synthetic cannabinoids are human-made chemicals related to marijuana. Although misleadingly referred to as “synthetic marijuana” or “fake weed”, there is no marijuana in the product. Synthetic cannabinoids are sold in two forms:- “Liquid incense” — to be vaporized and inhaled in e-cigarettes or other devices, or
- “Herbal incense” or “potpourri” – dried, shredded plant material (with the synthetic cannabinoids sprayed on), which can be smoked in the same way as marijuana buds.
2. What are the effects of synthetic marijuana?
Synthetic cannabinoids are meant to mimic the effects of tetrahydrocannabinol (THC), the main psychoactive ingredient in marijuana. As a result of this similarity, synthetic cannabinoids are often marketed as safe and legal marijuana alternatives. However, the chemicals used in the production of fake weed are often more potent than the THC occurring naturally in marijuana. They can also have dangerous and often unpredictable side effects, including:- severe anxiety,
- paranoia,
- seizures,
- hallucinations,
- convulsions, and
- suicidal thoughts.
3. What is Salvia divinorum?
Another product frequently sold as a marijuana alternative is Salvia divinorum, also known as S. divinorum, a psychoactive plant grown in the Sierra Mazatec region of Oaxaca, Mexico. Its leaves contain salvinorin A., a hallucinogen traditionally used during meditation and to facilitate visionary states of consciousness. The genus name, Salvia, meaning wise, is the same as the herb sage. Divinorum is a corruption of Latin divinatorum, meaning “of the diviners.” Hence S. divionrum is sometimes called “diviner’s sage” or “seer’s sage” or any one of a variety of names connecting the plant to the Virgin Mary. Typical methods of ingesting S. divinorum include smoking or chewing the leaf, or using a sublingual tincture.4. What are the effects of S. divinorum?
Salvia is a psychedelic drug. Reported effects sometimes include:- Uncontrollable laughter,
- Increased memories of the past,
- Sensations of motion or of being pulled or twisted,
- Visions of patterns,
- The feeling of becoming one with objects,
- The feeling of being in several locations at once,
- Feeling of calmness,
- Strange thoughts,
- Feeling of unreality,
- Floating sensation,
- Racing mind, and
- Feeling lightheaded.
- The potency of the plant itself,
- The form of salvia used (with concentrates and tinctures being stronger than the untreated leaves), and
- The method of ingestion (with chewing the leaves providing the mildest effect).
5. Penalties for synthetic cannabinoids or Salvia divinorum
Since the beginning of 2012, it has been against the law to use or possess any amount of any synthetic cannabinoid or salvia divinorum in Colorado.5.1. Unlawful use or possession — 18-18-406.1. C.R.S.
Possessing or using synthetic marijuana or S. divinorum is a Colorado level 2 drug misdemeanor. Until March 1, 2020, the penalty is $50 – $750 and possibly 12 months in jail. Starting March 1, 2020, the punishment is:- Probation of up to 1 year;
- Possibly 120 days in jail; and
- Up to $500
5.2. Unlawful distribution, manufacturing, dispensing, sale, or cultivation — 18-18-406.2 C.R.S.
18-18-406.2 C.R.S. makes it a Colorado level 3 drug felony to knowingly:- Cultivate salvia divinorum with intent to dispense, sell, or distribute it, or
- Do any of the following with synthetic cannabinoids or salvia divinorum:
- Manufacture,
- Dispense,
- Sell,
- Distribute,
- Possess with intent to manufacture, dispense, sell, or distribute, or
- Induce, attempt to induce, or conspire with one or more other persons, to do any of the foregoing.
- 2-4 years in prison (with 1 year mandatory parole), and/or
- A fine of $2,000-$500,000.
- Dispense, sell, or distribute synthetic cannabinoid or salvia divinorum to a minor who is less than 18 years of age; and
- You are at least 18 years of age and at least 2 years older than the minor.
- 4-8 years in prison (with 2 years mandatory parole), and/or
- $3,000-$750,000.
6. Defenses to synthetic weed or salvia charges
Because Colorado’s laws on synthetic cannabis and salvia are so new, the courts have not had time to consider all the possible defenses to charges under these laws. However, common defenses to charges of violating these laws are likely to include:- You didn’t know you possessed the fake weed,
- You possessed it for personal use only, or
- The cannabinoids or salvia were found during an illegal search and seizure in violation of your Fourth Amendment rights.
7. Synthetic drugs and federal law
Salvia divinorum is still legal under U.S. law and the laws of many other states – although this is subject to change at any time. However, synthetic cannabinoids are illegal under the federal Controlled Substances Act (“CSA”), 21 United States Code 811. Under the CSA, possession of synthetic marijuana for personal use is punished (if at all) by:- A fine of not less than $1,000, and
- Up to one (1) year in federal prison.
- post offices,
- interstate airports,
- federal buildings,
- federal courthouses,
- national parks and
- federally assisted housing.
- A fine of up to $1,000,000, and/or
- Up to 20 years in federal prison.
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