SENATE 3rd Reading Unamended March 16, 2012 SENATE Recall 3rd Reading March 15, 2012 SENATE Amended 2nd Reading March 8, 2012Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO CORRECTED REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 12-0120.01 Richard Sweetman x4333SENATE BILL 12-116 SENATE SPONSORSHIP Foster, Carroll, Johnston, Mitchell, Scheffel HOUSE SPONSORSHIP Brown, Levy, Beezley, Kagan Senate Committees House Committees Local Government Appropriations A BILL FOR AN ACT Concerning penalties associated with cathinones, and, in connection therewith, establishing a misdemeanor penalty for possession of a cathinone. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill defines cathinones and establishes criminal penalties for possession of cathinones and for distributing, manufacturing, dispensing, or selling cathinones. Any person or entity that sells a product that is labeled as a "bath salt" or any other trademark and contains any amount of a cathinone commits a deceptive trade practice and is subject to a civil penalty. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 18-18-102, amend (5); and add (3.5) as follows: 18-18-102. Definitions. As used in this article: (3.5) (a) "Cathinones" means any synthetic or natural material containing any quantity of a cathinone chemical structure, including any analogs, salts, isomers, or salts of isomers of any synthetic or natural material containing a cathinone chemical structure, including but not limited to the following substances and any analogs, salts, isomers, or salts of isomers of any of the following substances: (I) alpha-Phthalimidopropiophenone; (II) N, N-Dimethylcathinone (Metamfepramone); (III) N-Ethylcathinone (Ethcathinone); (IV) alpha-Pyrrolidinopropiophenone (à-PPP); (V) 2-Methylamino-1-phenylbutan-1-one (Buphedrone); (VI) alpha-Pyrrolidinobutiophenone (à-PBP); (VII) alpha-Pyrrolidinovalerophenone (à-PVP, PVP); (VIII) 4-Methylmethcathinone (4-MMC, Mephedrone); (IX) 4'-Methyl-alpha-pyrrolidinopropiophenone (MPPP); (X) 4'-Methyl-alpha-pyrrolidinobutiophenone (MPBP); (XI) 4'-Methyl-alpha-pyrrolidinohexiophenone (MPHP); (XII) 4-Methoxymethcathinone (PMMC, Methedrone, bk-PMMA); (XIII) 4'-Methoxy-alpha-pyrrolidinopropiophenone (MOPPP); (XIV) Fluoromethcathinone (4-FMC, Flephedrone, 3-FMC); (XV) 3,4-Methylenedioxymethcathinone (methylone, bk-MDMA); (XVI) 3,4-Methylenedioxyethcathinone (Ethylone, bk-MDEA); (XVII) 3',4'-Methylenedioxy-alpha- pyrrolidinopropiophenone (MDPPP); (XVIII) 2-Methylamino-1-(3,4- methylenedioxyphenyl)- 1-butanone (Butylone, bk-MDBD); (XIX) 3',4'-Methylenedioxy-alpha- pyrrolidinobutiophenone (MDPBP); (XX) 2-Methylamino-1-(3,4-methylenedioxyphenyl) -1-cpentanone (bk-MBDP); (XXI) 3,4-Methylenedioxypyrovalerone (MDPV); (XXII) Naphthylpyrovalerone (Naphyrone); (XXIII) 2-(Methylamino)-1-phenyl-1-pentanone Pentedrone); and (XXIV) N-methylethcathinone (4-MEC). (b) "Cathinones" does not include diethylproprion or buproprion. (c) As used in this subsection (3.5), "analog" means any chemical that is substantially similar in chemical structure to the chemical structure of any cathinones. (5) "Controlled substance" means a drug, substance, or immediate precursor included in schedules I through V of part 2 of this article, including cocaine, marijuana, marijuana concentrate, a cathinone, any synthetic cannabinoid, and salvia divinorum. SECTION 2. In Colorado Revised Statutes, repeal 18-18-203 (2) (e) (I). SECTION 3. In Colorado Revised Statutes, add 18-18-406.7 and 18-18-406.8 as follows: 18-18-406.7. Unlawful possession of cathinones. (1) It is unlawful for any person to possess any amount of any cathinones. (2) A person who violates any provision of subsection (1) of this section commits a class 1 misdemeanor. 18-18-406.8. Unlawful distribution, manufacturing, dispensing, or sale of cathinones. (1) It is unlawful for any person to knowingly: (a) Distribute, manufacture, dispense, or sell, or to possess with intent to distribute, manufacture, dispense, or sell, any amount of any cathinones; or (b) Induce, attempt to induce, or conspire with one or more other persons to distribute, manufacture, dispense, or sell, or possess with intent to distribute, manufacture, dispense, or sell, any amount of any cathinones. (2) A person who violates subsection (1) of this section commits a class 3 felony and shall be sentenced as provided in section 18-1.3-401; except that, unless a greater sentence is provided under any other statute, the person shall be sentenced to the department of corrections for a term of at least the minimum, but not more than twice the maximum, of the presumptive range provided for the offense in section 18-1.3-401 (1) (a) as modified pursuant to section 18-1.3-401 (10), if the person is at least eighteen years of age and: (a) Distributed, dispensed, or sold; or possessed with intent to distribute, dispense, or sell; any amount of any cathinones to a minor under eighteen years of age who is at least two years younger than said person; or (b) Induced, attempted to induce, or conspired with one or more other persons to distribute, dispense, or sell any amount of any cathinones to a minor under eighteen years of age who is at least two years younger than said person. SECTION 4. In Colorado Revised Statutes, add 6-1-723 as follows: 6-1-723. Cathinone bath salts - deceptive trade practice. (1) It is unlawful for any person or entity to distribute, dispense, manufacture, or sell to a purchaser any product that is labeled as a bath salt or any other trademark if the product contains any amount of any cathinones, as defined in section 18-18-102 (3.5), C.R.S. (2) A violation of this section shall be deemed a deceptive trade practice as provided in section 6-1-105 (1) (e), and the violator shall be subject to a civil penalty as described in section 6-1-112 (1) (d) in addition to any applicable criminal penalty. SECTION 5. In Colorado Revised Statutes, 6-1-112, add (1) (d) as follows: 6-1-112. Civil penalties. (1) (d) Any person who violates or causes another to violate the provisions of sections 6-1-105 (1) (e) and 6-1-723 by distributing, dispensing, or selling any product that is labeled as a "bath salt" or any other trademark if the product contains any amount of any cathinones, as defined in section 18-18-102 (3.5), C.R.S., shall forfeit and pay to the general fund of the state a civil penalty of not less than ten thousand dollars and not more than five hundred thousand dollars for each such violation; except that the person shall forfeit and pay to the general fund of the state a civil penalty of not less than twenty-five thousand dollars and not more than five hundred thousand dollars for each such violation if the person distributes, dispenses, or sells the product to a minor under the age of eighteen and the person is at least eighteen years of age and at least two years older than the minor. SECTION 6. Exception to the requirements of section 2-2-703, Colorado Revised Statutes. The general assembly hereby finds that section 18-18-406.8, Colorado Revised Statutes, which is added to statute in section 3 of this act, will result in the minor fiscal impact of one additional offender being convicted and sentenced to the department of corrections during the five years following passage of this act. Because of the relative insignificance of this degree of fiscal impact, these amendments are an exception to the five-year appropriation requirements specified in section 2-2-703, Colorado Revised Statutes. SECTION 7. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.