(1) Except as provided in section 25-5-427 or article 10 of title 44, it is unlawful for any person knowingly to:
(a) Manufacture, dispense, sell, or distribute, or to possess with intent to
manufacture, dispense, sell, or distribute, any amount of any synthetic cannabinoid
or salvia divinorum;
(b) Induce, attempt to induce, or conspire with one or more other persons, to
manufacture, dispense, sell, distribute, or possess with intent to manufacture,
dispense, sell, or distribute, any amount of any synthetic cannabinoid or salvia
divinorum; or
(c) Cultivate salvia divinorum with intent to dispense, sell, or distribute any
amount of the salvia divinorum.
(2) A person who violates any provision of subsection (1) of this section
commits a level 3 drug felony.
(3) Notwithstanding the provisions of subsection (2) of this section, a person
who violates any provision of subsection (1) of this section by dispensing, selling, or
distributing any amount of any synthetic cannabinoid or salvia divinorum commits a
level 2 drug felony if the person:
(a) Dispenses, sells, or distributes the synthetic cannabinoid or salvia
divinorum to a minor who is less than eighteen years of age; and
(b) Is at least eighteen years of age and at least two years older than said
minor.
(4) As used in this section, dispense does not include labeling, as defined in
section 12-280-103 (23).
L. 2011: Entire section added, (SB 11-134), ch. 261, p. 1139, § 2, effective July 1. L. 2012: (4) amended, (HB 12-1311), ch. 281, p. 1623, § 57, effective July 1. L. 2013: (2) and (3) amended, (SB 13-250), ch. 333, p. 1917, § 13, effective October 1. L. 2019: (4) amended, (HB 19-1172), ch. 136, p. 1680, § 108, effective October 1. L. 2023: IP(1) amended, (SB 23-271), ch. 444, p. 2618, § 11, effective June 7.
