Sec. 94-222. Use or possession of a controlled substance.
(a) For the purposes of this section, the term "controlled substance" shall have the definition as set forth in section 18-18-102 of the Colorado Revised Statutes.
(b) Except as otherwise provided in this division for offenses concerning marijuana, it shall be unlawful for any person to use any controlled substance, except when it is dispensed by or under the direction of a person licensed or authorized by law to prescribe, administer, or dispense the controlled substance for bona fide medical needs.
(c) Except as authorized by Article 42.5 of Title 12 of the Colorado Revised Statutes, or by Part 2 or 3 of Article 18 of Title 18 of the Colorado Revised Statues, or by section 94-221(a)(1) or (a)(2) of this Code, it shall be unlawful for any person to knowingly possess any material, compound, mixture or preparation that contains any quantity of a controlled substance listed in Schedule III, IV or V of Part 2 of Article 18 of Title 18 of the Colorado Revised Statutes except Flunitrazepam or Ketamine.
(1) If the circumstances described in section 94-221(a)(1) or (a)(2) occur, the peace officer shall not arrest the person pursuant to this section for any minuscule, residual controlled substance that may be present in the used hypodermic needle or syringe, and the city attorney shall not charge or prosecute the person pursuant to this section for any minuscule, residual controlled substance that may be present in a used hypodermic needle or syringe. The circumstances described in section 94-221(a)(1) may be used as a factor in a probable cause or reasonable suspicion determination of any criminal offense if the original stop or search was lawful. (Ord. No. 2016-01, § 2, 1-25-2016; Ord. No. 2012-09, § 2, 3-19-2012)