OFFENSES RELATING TO DRUGS AND INTOXICANTS
Denver Revised Municipal Code ch. 38, art. V, div. 3
in effectDenver Revised Municipal Code § 38-172 Disorderly intoxication.
Sec. 38-172. - Disorderly intoxication.
It shall be unlawful for any person under the influence of any narcotic drug, stimulant or depressant, in any private house or place, to be turbulent, violent, menacing or disorderly to such an extent as to jeopardize persons or property or to such an extent as to menace the public peace and safety.
(Code 1950, § 821.2-2; Ord. No. 938-91, § 1, 12-9-91)
Denver Revised Municipal Code § 38-173 Possession of injection devices.
Sec. 38-173. - Possession of injection devices.
It shall be unlawful for any person to possess any hypodermic needle, syringe or similar device which may be adapted or used for injecting drugs or other substances by subcutaneous or intracutaneous injection into the body, unless such possession be authorized for medical or physical treatment by a licensed medical doctor or osteopathic physician; provided, however, that the prohibitions contained in this section shall not apply to manufacturers, jobbers, licensed medical technicians, hospitals, nursing homes, technologists, nurses, laboratories, research teaching institutes, medical doctors, osteopathic physicians, dentists, veterinarians, pharmacists and embalmers selling or using such devices in the legal course of their respective businesses or professions or to persons carrying an identification certifying that they are participating in or an employee or volunteer of a qualified needle exchange and treatment referral program or a supervised use site registered under division 4 of article V of chapter 24.
(Code 1950, § 821.1; Ord. No. 881-97, § 1, 12-8-97; Ord. No. 1292-18, § 3, 11-26-18)
Denver Revised Municipal Code § 38-174 Toxic vapors.
Sec. 38-174. - Toxic vapors.
(a) (1)
Defined. As used in this section, the term "toxic vapors" shall mean the vapors of the following compounds or the vapors of products containing such compounds:
a. Surface coatings. Acrylonitrile; butyl alcohol; camphor; cyclohexanone; ethyl acetate; ethyl benzene; glycidol; hexone; sec-hexyl acetate; lead; manganese; mercury; mesityl oxide; methyl alcohol; methyl (n-amyl) ketone; 5-methyl-3-heptone; naphtha; 2-pentanone (MPK); 1-propyl acetate; 1,1,2,2-tetrachloroethane;
b. Solvents. Acetone; acetonitrile; benzene; butyl alcohol; butyl mercaptan; carbon disulfide; carbon tetrachloride; cresol; cumene; cyclohexane; cyclohexanone; 1,2-dichloroethylene; dimethyl sulfate; ethyl bromine; ethylene dichloride; hexane; isopropyl alcohol; mesityl oxide; methylal; methyl acetate; methyl alcohol; methyl chloroform; methyl ethyl ketone; methyl isobutyl ketone; methylcyclohexanol; methylene chloride; naphtha; naphthalene; 1-nitropropane; n-propyl acetate; pyridine; stoddard solvent; 1,1,2,2-tetrachloroethane; tetrachloroethylene; tetrahydrofuran; toluene; trichloroethane; trichloroethylene; 1,2,3-trichloropropane; triorthoscresyl phosphate; xylene;
c. Narcotics. 1,3-butadiene; tert-Butyl chromate; chlorobromomethane (Halon); methyl chloride; 1,2,3-trichloropropane; trifluorobromemethane (Halon);
d. Fuel additives. Decaborane; diborane; L.P.G.; methyl hydrazine; phosphorus pentasulfide; propane; tetraethyl lead; tetramethyl lead; tetranitromethane; tin;
e. Automotive antifreeze. 1,2-dimethylhydrazine;
f. Photographic developers. Hydroquinone;
g. Medical apparatus. Mercury;
h. Paper impregnation. Diphenyl;
i. Flame resistance/water proofing. Pentachloronaphthalene;
j. Anti-corrosion. Hydrazine; pentaborane;
k. Combustibles. n-Butyl glycidyl ether;
l. Explosives. Dinitrobenzene; 2,4,6-trinitrotoluene;
m. Antiseptics/sanitizers. Bromine; iodine;
n. Pesticides. Aldrin; 2-aminopyridine; azinphos-methly (Guthion) butyl mercaptan; camphor; carbaryl (Sevin); carbon disulfide; carbon tetrachloride; chlordane; chlorinated camphene; cyanides; 2,4-D; DDT; demeton; dichlorvos; dieldrin; dimethyl-1,2-dibromo-2; 2-dechoroethyl phosphate; endrin; EPN; ethlene chlorohydrin; ethylene dichloride; fluorides; heptachlor; hydrogen cyanide; lindane; malathion; methyl bromide; methyl formate; methyl hydrazine; methyl iodide; naphthalene; nicotine; parathion; phosdrin; pyrethrum; rotenone; sodium fluoroacetate; strychnine; sulfuryl fluoride; TEPD; tellurium; TEPP; 1,1,2,2-tetrachloroethane; thallium; tin.
(2) Common examples. The following serve as examples of common products containing "toxic vapor" compounds, but is not meant to limit the prohibitions contained herein: spray paint, model airplane glue, nonwater soluble household glue, nail polish remover, and paint thinner.
(b) Use or possession. It shall be unlawful for any person intentionally to smell or inhale the fumes of toxic vapors for the purpose of causing a condition of euphoria, excitement, exhilaration, stupefaction or dulled senses or nervous system, or to possess, buy or use any such substance for the purpose of violating or aiding another to violate this section.
(c) Under the influence. It shall be unlawful for any person to be intentionally under the influence of any toxic vapors.
(d) Sale:
(1) It shall be unlawful for any person who knows, or should know, that a substance releases toxic vapors that could be used for the purposes of causing a condition of euphoria, excitement, exhilaration, stupefaction, or dulled senses to sell, give, deliver, or furnish any substance releasing toxic vapors to any minor without the personal or written consent of a parent, guardian, or other person having legal care or custody of such minor, except when the sale of one (1) tube of glue is made simultaneously with the sale, purchase, and delivery of a hobby or model kit.
(2) It shall be unlawful for any person, except a person who is at the time of such sale actually employed by or engaged in operating a bona fide commercial establishment at a fixed location, to sell to any other person any substance releasing toxic vapors, and all sales of such substance not made in or from such an establishment shall be unlawful.
(3) It shall be unlawful for any person knowingly to sell or offer for sale, deliver or give away to any other person any substance releasing toxic vapors, where the seller, offerer, deliverer or donor knows or has reason to believe that such substance will be used for the purpose of inducing a condition of euphoria, excitement, exhilaration, stupefaction or dulled senses or nervous system.
(e) Exception. This section shall not apply to the inhalation of anesthesia for medical or dental purposes.
(Code 1950, § 813.1; Ord. No. 530-91, §§ 1—3, 7-15-91)
Denver Revised Municipal Code § 38-175 Possession or consumption of marijuana.
Sec. 38-175. - Possession or consumption of marijuana.
(a) It shall be unlawful for any person under the age of twenty-one (21) to possess one (1) ounce or less of marijuana.
(b) It shall be unlawful for any person to openly and publicly display or consume one (1) ounce or less of marijuana.
(1) The term "openly" means occurring or existing in a manner that is unconcealed, undisguised, or obvious, but shall not include the consumption of marijuana occurring within a designated consumption area as that term is defined in Title II, Chapter 6, Article VI of the Revised Municipal Code.
(2) The term "publicly" means:
a. Occurring or existing in a public place; or
b. Occurring or existing in any outdoor location where the consumption of marijuana is clearly observable from a public place.
(3) The term "public place" means a place to which the public or a substantial number of the public have access, and includes, but is not limited to, streets and highways, transportation facilities, schools, places of amusement, parks, playgrounds, and the common areas of public and private buildings or facilities.
(c) It shall be unlawful for any person within one thousand (1,000) feet of the perimeter of any public or private elementary school, middle school, junior high school, or high school to display, transfer, distribute, sell, or grow marijuana upon any city-owned street or sidewalk or upon any other property owned by the city.
(d) For the purposes of this section, section 38-175.5, and section 39-10, the term "marijuana" shall mean and include all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate. "Marijuana" does not include industrial hemp, nor does it include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.
(e) It shall not be an offense under subsection (b) of this section if the consumption of marijuana is occurring on private residential property and the person consuming the marijuana is:
(1) An owner of the property; or
(2) A person who has a leasehold interest in the property; or
(3) Any other person who has been granted express or implied permission to consume marijuana on the property by the owner or the lessee of the property.
(f) Any violation of this section is hereby declared to be a non-criminal violation and, upon an admission or finding or judgment of guilt or liability by default or otherwise, the violator shall be subject to the following maximum penalties:
(1) First violation: One hundred and fifty dollars ($150.00).
(2) Second violation: Five hundred dollars ($500.00).
(3) Third and each subsequent violation: Nine hundred and ninety-nine dollars ($999.00).
If the violator is under the age of eighteen (18) years of age at the time of the offense, any fine imposed may be supplanted by treatment as required by the court.
(Ord. No. 645-97, § 1, 9-29-97; Ord. No. 618-05, § 2, 8-9-05, elec. 11-1-05; Ord. No. 660-13, § 1, 12-9-13; Ord. No. 711-14, § 1, 12-23-13; Ord. No. 712-14, § 1, 12-23-13; Ord. No. 300-16, § 2, 11-8-16)
Denver Revised Municipal Code § 38-175.5 Marijuana prohibited on the 16th Street Pedestrian and Transit Mall and adjacent streets.
Sec. 38-175.5. - Marijuana prohibited on the 16th Street Pedestrian and Transit Mall and adjacent streets.
(a) It shall be unlawful to consume, use, display, transfer, distribute, sell, or grow marijuana on the 16th Street Pedestrian and Transit Mall or on any city-owned street or sidewalk within a distance of one block from the 16th Street Pedestrian and Transit Mall.
(b) For the purposes of this section, the 16th Street Pedestrian and Transit Mall shall mean the portion of 16th Street between the west curb line of Broadway, and the southeasterly curb line of Chestnut Street.
(c) Any violation of subsection (a) of this section is hereby declared to be a non-criminal violation and, upon an admission or finding or judgment of guilt or liability by default or otherwise, the violator shall be subject to the following maximum penalties:
(1) First violation: One hundred and fifty dollars ($150.00).
(2) Second violation: Five hundred dollars ($500.00).
(3) Third and each subsequent violation: Nine hundred and ninety-nine dollars ($999.00).
(Ord. No. 660-13, § 3, 12-9-13)
Denver Revised Municipal Code § 38-176 Reserved.
Denver Revised Municipal Code § 38-177 Extraction of marijuana concentrate prohibited.
Sec. 38-177. - Extraction of marijuana concentrate prohibited.
(a) Except as provided in paragraph (c) of this section, it shall be unlawful for any person to process or manufacture marijuana concentrate anywhere in the city.
(b) Except as provided in paragraph (c) of this section, it shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises anywhere in the city to allow marijuana concentrate to be processed or manufactured on the premises.
(c) It shall not be an offense under subsection 38-177(a) or 38-177(b) if:
(1) The production of marijuana concentrate is done by licensed personnel in a licensed medical marijuana-infused products manufacturing facility or in a licensed retail marijuana products manufacturing facility and in compliance with all applicable state and city laws, and all rules and regulations promulgated thereunder, including any and all necessary permits; or
(2) The production of marijuana concentrate is done by means of water-based extraction or food-based extraction methods outside of a licensed medical marijuana-infused products manufacturing facility or a licensed retail marijuana processing facility, and is done in full compliance with any and all other applicable state and city laws, or
(3) The marijuana concentrate is processed or manufactured using alcohol or ethanol outside of a licensed medical marijuana-infused products manufacturing facility or a licensed retail marijuana products manufacturing facility in compliance with all applicable state and city laws, and all rules and regulations promulgated thereunder; where:
i. The production of marijuana concentrate is done without the application of any heat from a fuel-fired or electrified source and uses no more than sixteen (16) ounces of alcohol or ethanol during each extraction process; or
ii. The production of marijuana concentrate is done by a person who, at the time of production, holds a valid permit issued by the Denver Fire Department pursuant to the Denver Building and Fire Code.
(d) For purposes of this section:
(1) "Food-based extraction" means producing marijuana concentrate by extracting cannabinoids from marijuana through the use of propylene glycol, glycerin, butter, olive oil, or other typical cooking fats. Except as otherwise provided in paragraph (c) of this section, "flammable liquids" may not be used in food-based extractions.
(2) "Flammable liquid" means a liquid that has a flash point below one hundred degrees (100°) Fahrenheit, and includes all forms of alcohol and ethanol.
(3) "Marijuana" means all parts of the plant of the genus cannabis whether growing or not, including, but not limited to, the seeds, leaves, buds, flowers, and any mixture or preparation thereof, without regard for cannabinoid concentration levels.
(4) "Marijuana concentrate" means hashish, cannabinoids, or any alkaloid, salt, derivative, preparation, compound, or mixture, whether natural or synthesized, of cannabinoids.
(5) "Water-based extraction" means producing marijuana concentrate by extracting cannabinoids from marijuana through the use of only water, ice or dry ice.
(6) The definitions of "medical marijuana-infused products manufacturer" and "retail marijuana products manufacturing facility" as set forth in the Colorado Medical Marijuana Code, § 12-43.3-104, C.R.S., as amended, and the Colorado Retail Marijuana Code, § 12-43.4-103, C.R.S., as amended, shall apply equally to this article V.
(Ord. No. 629-14, § 1, 11-10-14)
Denver Revised Municipal Code § 38-178 Non-licensed marijuana cultivation.
Sec. 38-178. - Non-licensed marijuana cultivation.
(a) Legislative intent. The city council hereby finds and declares that the proliferation of large-scale, non-licensed, and unregulated marijuana cultivation operations poses a significant threat to the health, safety, and security of all citizens of the City and County of Denver. The city council finds that law enforcement and other city agencies report increased violations of criminal laws along with building, electrical, and fire codes in these large cultivation operations. It is, therefore, the intent of the city council to place reasonable and necessary restrictions on the cultivation of marijuana outside of a licensed marijuana cultivation facility.
(b) It shall be unlawful for any person, alone or in concert with other persons, to possess or cultivate more than thirty-six (36) marijuana plants on any zone lot in the city, except in a licensed marijuana cultivation facility and in compliance with all applicable state and city laws, and all rules and regulations promulgated thereunder.
(c) It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any zone lot to allow more than thirty-six (36) marijuana plants to be possessed or cultivated on the zone lot, except in a licensed marijuana cultivation facility and in compliance with all applicable state and city laws, and all rules and regulations promulgated thereunder.
(d) It shall be unlawful for any person, alone or in concert with other persons, to cultivate marijuana outside of a completely enclosed structure.
(e) Exceptions:
(1) Nothing in this section shall be construed to allow the cultivation of marijuana in any number, manner, or location that is not allowed under the zoning code.
(2) Nothing in this section shall prohibit the cultivation of marijuana by residents of a dwelling unit in compliance with the zoning code.
(f) For purposes of this section:
(1) "Completely enclosed structure" has the meaning set forth in the zoning code.
(2) "Cultivate" means the planting, growing, harvesting, storing, drying, trimming, or processing of marijuana plants.
(3) "Dwelling Unit" had the meaning set forth in the zoning code.
(4) "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.
(5) "Marijuana cultivation facility" means an "optional premises cultivation facility" or a "retail marijuana cultivation facility" as defined in the Colorado Medical Marijuana Code, § 12-43.3-104, C.R.S., as amended, and the Colorado Retail Marijuana Code, § 12-43.4-103, C.R.S., as amended.
(6) "Zone lot" has the means set forth in the zoning code, except that the minimum zone lot size for the cultivation of marijuana outside of a dwelling unit shall be three thousand (3,000) square feet and the minimum zone lot width shall be twenty-five (25) feet.
(Ord. No. 109-15, § 1, 3-23-15)
Source: City and County of Denver, Revised Municipal Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIIREMUCO_CH38OFMIPR_ARTVOFREMO_DIV3OFREDRINFetched: 10/27/2026