OTHER DANGEROUS WEAPONS AND SUBSTANCES

Colorado Springs City Code ch. 9, art. 7, pt. 2

in effect

Colorado Springs City Code § 9.7.201 CONCEALMENT AND USE

9.7.201: CONCEALMENT AND USE: It is unlawful for any person to wear under the person's clothes or conceal about the person, or to use or to attempt to use as a weapon, any substance or article containing any substance which is required to bear a cautionary label stating that its use in other than the manner prescribed is dangerous or deadly or injurious to the body of any person or animal, or may be the cause of illness of any person or animal, as requirements are set forth in the Colorado Hazardous Substances Act 1 , or any other Statute of the State of Colorado which may now be or later be enacted to control the injurious substances, or are established by the Federal Hazardous Substances Labeling Act 2 or are established by part 191 of chapter 1, title 21 of the Federal Food and Drug Act, as any statute is now in effect or may later be amended, or are established by any State or Federal regulation promulgated pursuant to any statutes. (Ord. 4517; 1968 Code §8-15; Ord. 01-42) Notes 1 | 1. CRS §25-5-501 et seq. 2 | 2. PL 86-613, §1 - 18, 74 stat. 372 - 381; 15 USC 1261 - 2374 dated February 1, 1961.

Colorado Springs City Code § 9.7.202 USE OF CERTAIN CHEMICALS PROHIBITED

9.7.202: USE OF CERTAIN CHEMICALS PROHIBITED: A. It is unlawful for any person to have in the person's possession, to sell, to offer for sale, to give away, to lend or to furnish, to use or threaten to use any device for dispensing mace, paralyzing gas, or any similar chemicals or combination of chemicals, or other ingredients, designed to injure, maim, paralyze, immobilize or cause the illness of a person or animal, whether or not the substance is packaged in a container under pressure. Any device designed to be carried in a handbag or pocket and which does not contain more than one and one-fourth (11/4) ounces of chemical may be possessed by and sold to persons eighteen (18) years of age and older and may be used by persons in self-defense. B. Nothing in this section or section 9.7.201 of this part shall be construed to prohibit the use of the devices by peace officers and mailmen in the discharge of the person's duties, nor by employees of the City or any of its enterprises who have obtained the approval of the Mayor, the Chief Executive Officer of Colorado Springs Utilities, or the Chief Executive Officer for MHS Enterprise to use the devices in the performance of the person's duties. C. It shall be a defense to an allegation of a violation of this section that the act was committed by a private security officer licensed by the City of Colorado Springs, in possession of more than one and one-fourth (11/4) ounces of chemical, but less than three (3) ounces of chemical, while exercising the privileges of the license. This defense shall not relieve the licensed private security officer of any civil liability incurred as a result of the use of the chemical. (1968 Code §8-15; Ord. 79-137; Ord. 01-42; Ord. 07-197; Ord. 08-64; Ord. 11-19; Ord. 15-66)

Colorado Springs City Code § 9.7.203 INCENDIARY OR EXPLOSIVE DEVICES

9.7.203: INCENDIARY OR EXPLOSIVE DEVICES: A. It is unlawful for any person to throw, place or cause to be placed any incendiary or explosive device for the purpose of causing injury to any person or damage to property. B. It is unlawful for any person to prepare or to assist in the preparation of an incendiary or an explosive device, to possess, handle, store, transport or sell any device, knowing the same is to be thrown, placed or caused to be placed for the purpose of causing injury to any person or damage to property. C. Except as otherwise permitted by law, it is unlawful for any person to possess on the person, in any motor vehicle or in any structure, an incendiary or an explosive device as defined in this section. D. An "incendiary or explosive device" includes, but not by way of limitation, any device consisting in whole or in part of flammable material or other material having the capability of exploding, igniting or burning. (Ord. 4517; 1968 Code §8-16; Ord. 01-42)

Colorado Springs City Code § 9.7.204 UNLAWFUL TO THROW STONES OR MISSILES

9.7.204: UNLAWFUL TO THROW STONES OR MISSILES: It is unlawful for any person to intentionally, knowingly or recklessly throw, cast, project or hurl any stone or other missile by any means at or toward any other person or any other person's property. For purposes of this section, any other person's property shall include, but is not limited to, any vehicle, building or domesticated animal. (Ord. 4517; 1968 Code §8-17; Ord. 01-42)

Colorado Springs City Code § 9.7.205 INHALING TOXIC VAPORS

9.7.205: INHALING TOXIC VAPORS: A. No person shall knowingly smell or inhale the fumes of toxic vapors for the purpose of causing a condition of euphoria, excitement, exhilaration, stupefaction or dulled senses of nervous system, or possess, buy or use any substance for the purpose of violating or aiding another to violate this section. B. No person shall knowingly be under the influence of any toxic vapor. C. As used in this section the term "toxic vapors" means the following substances or products containing such substances: alcohols (methyl, isopropyl, propyl, or butyl), aliphatic acetates (ethyl, methyl, propyl, or methyl cellosolve acetate), acetone, allyl isothiocyanate, nitrous oxide, benzene, carbon tetrachloride, cyclohexane, freons (freon 11 and freon 12), hexane, methyl ethyl ketone, methyl isobutyl ketone, naphtha, perchlorethylene, toluene, trichloroethylene, or xylene. Evidence that a container, or a similar container, if the label is missing, lists one or more of these substances is prima facie evidence that the substance in the container contains toxic vapors and emits the fumes. D. This section shall not apply to the inhalation of anesthesia for medical or dental purposes. (Ord. 89-119; Ord. 01-42; Ord. 03-105)

Colorado Springs City Code § 9.7.206 POSSESSION OF MARIJUANA

9.7.206: POSSESSION OF MARIJUANA: A. Unlawful Possession; Under The Age Of Twenty One: It is unlawful for any person under the age of twenty one (21) years to possess or openly and publicly display one ounce or less of marijuana. B. Unlawful Possession: It is unlawful for any person to possess or openly and publicly display more than one ounce but not more than twelve (12) ounces of marijuana. C. Marijuana Defined: As used in this section and sections 9.7.207 and 9.7.208 of this part, "marijuana" means and includes: All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of such plant, and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or its resin. "Marijuana" does not include fiber produced from the stalks, oil or cake made from the seeds of the plant, or the sterilized seed of the plant which is incapable of germination, if these items exist apart from any other item defined as "marijuana" in this subsection. "Marijuana" does not include "marijuana concentrate" as defined in this subsection. "Marijuana concentrate" shall mean hashish, tetrahydrocannabinol, or any alkaloid, salt, derivative, preparation, compound, or mixture, whether natural or synthesized, of tetrahydrocannabinol. D. Evidence: In addition to any other competent evidence identifying a substance as marijuana, results of the field test known as the "Duquenois-Levine Reagent System" shall be admissible in evidence and shall be prima facie evidence of whether or not the substance tested was marijuana. (Ord. 90-25; Ord. 01-42; Ord. 03-105; Ord. 13-18)

Colorado Springs City Code § 9.7.207 CONSUMPTION OF MARIJUANA IN PUBLIC PROHIBITED

9.7.207: CONSUMPTION OF MARIJUANA IN PUBLIC PROHIBITED: It shall be unlawful for any person to consume marijuana in or upon any street, alley, avenue, or park, or upon any public stairway or hall, or in any other public place within the City. (Ord. 13-19)

Colorado Springs City Code § 9.7.208 CONSUMPTION OF MARIJUANA IN VEHICLES PROHIBITED

9.7.208: CONSUMPTION OF MARIJUANA IN VEHICLES PROHIBITED: It shall be unlawful for any person to consume marijuana while in a vehicle which is on any street, roadway or other public place in the City, or for the driver, owner or person in control of a vehicle to permit any person to consume marijuana in a vehicle while the vehicle is on any street, roadway or other public place in the City. (Ord. 13-19)

Colorado Springs City Code § 9.7.209 MANUFACTURE OF MARIJUANA CONCENTRATES

9.7.209: MANUFACTURE OF MARIJUANA CONCENTRATES: A. It shall be unlawful for any person to manufacture marijuana concentrates, including, but not limited to, the production of "hash oil" by the use of a compressed flammable gas, flammable gas, flammable liquid or combustible liquid as a solvent in the extraction of tetrahydrocannabinol and/or other cannabinoids in a residential setting within the City of Colorado Springs. B. For the purposes of this section, the term "residential setting" means the use of a building or structure, or portion thereof, for sleeping purposes, where the occupants are transient or permanent in nature, including, but not limited to, houses, duplexes, boarding homes, hotels, motels, apartment houses, dormitories, live/work units or care facilities. (Ord. 15-55)

Colorado Springs City Code § 9.7.210 POSSESSION OF MARIJUANA PARAPHERNALIA

9.7.210: POSSESSION OF MARIJUANA PARAPHERNALIA: A. It shall be unlawful for any person under the age of eighteen (18) to have in the person's possession any item of marijuana paraphernalia. B. For purposes of this section, the term "marijuana paraphernalia" means equipment, products, or materials of any kind which are used, intended for use, or designed for use in propagating, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body. C. Marijuana paraphernalia does not include equipment, products or material of any kind that are used or intended for use in compliance with section 14 of article XVIII of the Colorado Constitution and the implementing State Statutes and administrative policies. D. In determining whether an object is marijuana paraphernalia, a judge, in its discretion, may consider, in addition to all other relevant factors, the following: 1. Statements by an owner or by anyone in control of the object concerning its use; 2. The proximity of the object to marijuana or other controlled substances; 3. The existence of any marijuana residue or marijuana odor on the object; 4. Any article of marijuana paraphernalia with labeling indicating the uses of the article shall be admissible into evidence, and the information contained on any label of the article of marijuana paraphernalia shall be admissible into evidence and shall not constitute hearsay. E. It shall be prima facie evidence of a violation of this section if the prosecution presents evidence of a presumptive field test with a positive result for marijuana. F. It shall be prima facie evidence of a violation of this section if the prosecution presents evidence that the defendant was under the age of eighteen (18) and possessed marijuana paraphernalia anywhere in the City limits. (Ord. 15-100)

Colorado Springs City Code § 9.7.211 CULTIVATION OF MARIJUANA

9.7.211: CULTIVATION OF MARIJUANA: A. It is unlawful for a person to knowingly cultivate, grow, or produce a marijuana plant or knowingly allow a marijuana plant to be cultivated, grown, or produced on land that the person owns, occupies, or controls. B. Regardless of whether the marijuana plant(s) are for medical or recreational use, it is unlawful for a person to knowingly cultivate, grow, or produce more than twelve (12) marijuana plants, with one-half (1/2) or fewer being mature, flowering plants, on or in a residential property; or to knowingly allow more than twelve (12) marijuana plants, with one-half (1/2) or fewer being mature, flowering plants to be cultivated, grown, or produced on or in a residential unit. C. It shall be an affirmative defense to a violation of this section: 1. That the person is lawfully cultivating medical marijuana pursuant to a license issued by the City of Colorado Springs and State of Colorado; 2. That the person is lawfully cultivating marijuana and/or medical marijuana in compliance with the Zoning Code. D. A defendant raising an affirmative defense pursuant to subsection C of this section shall provide written notice to the Court and prosecuting attorney not less than fourteen (14) days prior to trial. E. As used in this section, "marijuana plant" means all parts of the plant of the genus Cannabis whether growing or not, including, but not limited to, immature and mature plants, and any seeds, leaves, stalks, and flowers, without regard for cannabinoid concentration levels. F. In addition to any other competent evidence identifying a substance as marijuana, results of the field test known as the "Duquenois-Levine Reagent System" shall be admissible in evidence and shall be prima facie evidence of whether or not the substance tested was marijuana. (Ord. 16-55; Ord. 18-52)

Colorado Springs City Code § 9.7.212 UNLAWFUL TRANSFER OF MARIJUANA

9.7.212: UNLAWFUL TRANSFER OF MARIJUANA: A. Transfer: It is unlawful for a person to transfer marijuana or marijuana concentrate at no cost to a person if the transfer is in any way related to remuneration for any other service or product. B. Dispense; Sell; Distribute: Except as authorized by chapter 2, article 2, part 1 of this Code, it is unlawful for a person to knowingly dispense, sell, distribute, or possess with intent to manufacture, dispense, sell, or distribute not more than four (4) ounces of marijuana or not more than two (2) ounces of marijuana concentrate; or attempt, induce, attempt to induce, or conspire with one or more other persons, to dispense, sell, distribute, or possess with intent to manufacture, dispense, sell, or distribute not more than four (4) ounces of marijuana or not more than two (2) ounces of marijuana concentrate. C. Defined: As used in this section, marijuana and marijuana concentrate shall have the same meanings as set forth in section 9.7.206 of this part. D. Evidence: In addition to any other competent evidence identifying a substance as marijuana, or marijuana concentrate, results of the field test known as the "Duquenois-Levine Reagent System" shall be admissible in evidence and shall be prima facie evidence of whether or not the substance tested was marijuana or marijuana concentrate. (Ord. 17-29; Ord. 18-53)

Colorado Springs City Code § 9.7.213 UNLAWFUL TRANSFER OF TOBACCO AND TOBACCO PRODUCTS

9.7.213: UNLAWFUL TRANSFER OF TOBACCO AND TOBACCO PRODUCTS: A. As used in this section, TOBACCO PRODUCT means: 1. Any product which contains, is made or derived from tobacco or used to deliver nicotine, synthetic nicotine or other substances intended for human consumption, whether heated, chewed, applied to the skin, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, including, but not limited to Cigarettes, Cigars, Little Cigars, chewing tobacco, pipe tobacco, snuff, bidis, snus, nicotine product, mints, hand gels; 2. Any device that can be used to deliver tobacco or nicotine to the person inhaling from the device, including an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, or other electronic smoking device; 3. The term Tobacco Product does not include: a. Any product that contains marijuana; and b. Any product made from or derived from tobacco and approved by the Food and Drug Administration (FDA) for use in connection with cessation of smoking. B. Unlawful Transfer: It shall be unlawful for any person to knowingly dispense, sell, distribute, or transfer any tobacco or tobacco product to any person under the age of twenty-one (21). C. Affirmative Defense: It shall be an affirmative defense to a prosecution under paragraph B of this section that the person furnishing the tobacco or tobacco product was presented with and reasonably relied upon a government-issued photographic identification that identified the individual receiving the tobacco or tobacco product as being twenty-one (21) years of age or older. (Ord. 20-75)

Source: City of Colorado Springs, Colorado, City Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/coloradospringsco/latest/coloradosprings_co/0-0-0-17050Fetched: 11/1/2026