Section 18-18-434 - Offenses relating to natural medicine and natural medicine product - definitions(1) A person who is under twenty-one years of age who knowingly possesses or consumes natural medicine or natural medicine product commits a drug petty offense and, upon conviction thereof, is subject to a fine of not more than one hundred dollars or not more than four hours of substance use education or counseling; except that a second or subsequent conviction for a violation of this subsection (1) is subject to a fine of not more than one hundred dollars, not more than four hours of substance use education or counseling, and not more than twenty-four hours of useful public service.(2) A person who openly and publicly displays or consumes natural medicine or natural medicine product commits a drug petty offense and, upon conviction thereof, is subject to a fine of not more than one hundred dollars and not more than twenty-four hours of useful public service.(3)(a) A person who knowingly cultivates natural medicine that cumulatively exceeds an area of more than twelve feet wide by twelve feet long in one or more cultivation areas on the private property, or knowingly allows such cultivation on private property that the person owns, occupies, or controls, commits a drug petty offense, and upon conviction thereof, is subject to a fine of not more than one thousand dollars.(b)(I) Except as provided in subsection (3)(b)(II) of this section, a person who knowingly cultivates natural medicine on the private property outside of an enclosed and locked space, or knowingly allows such cultivation on the private property outside of an enclosed and locked space, that the person owns, occupies, or controls, commits a drug petty offense, and upon conviction thereof, is subject to a fine of not more than one thousand dollars.(II) It is not a violation of this subsection (3)(b) if the person who is cultivating natural medicine is twenty-one years of age or older, if the cultivation area is located in a dwelling on the private property, and: (A) If a person under twenty-one years of age lives at the dwelling, the cultivation area itself is enclosed and locked; or(B) If no person under twenty-one years of age lives at the dwelling, the external locks on the dwelling constitute an enclosed and locked space, but if a person under twenty-one years of age enters the dwelling, the person cultivating the natural medicine shall ensure that access to the cultivation area is reasonably restricted for the duration of the person under twenty-one years of age's presence in the private property.(c) It is not a violation of subsection (3)(a) of this section if a county, municipality, or city and county law expressly permits the cultivation of natural medicine that cumulatively exceeds an area of more than twelve feet wide by twelve feet long in one or more cultivation areas on the private property and the person cultivates the natural medicine in an enclosed and locked space within the limit set by the county, municipality, or city and county where the natural medicine is located.(4)(a) It is unlawful for a person who is not licensed pursuant to article 50 of title 44 to knowingly manufacture natural medicine product using an inherently hazardous substance.(b) It is unlawful for a person who is not licensed pursuant to article 50 of title 44 who owns, manages, operates, or otherwise controls the use of a property to knowingly allow natural medicine product to be manufactured on the premises using an inherently hazardous substance.(c) A person who violates this subsection (4) commits a level 2 drug felony.(5)(a) Unless expressly limited by this section, article 170 of title 12, or article 50 of title 44, a person who, for the purpose of personal use and without remuneration, possesses, consumes, shares, cultivates, or manufactures natural medicine or natural medicine product, does not violate state law, or county, municipality, or city and county ordinance, rule, or resolution.(b) Unless expressly limited by this section, a person who performs testing on natural medicine or natural medicine product, and possesses natural medicine or natural medicine product in conjunction therewith, for another person who is twenty-one years of age or older who submits for testing natural medicine or natural medicine product intended for personal use, does not violate state law, or county, municipality, or city and county ordinance, rule, or resolution, article 170 of title 12, or article 50 of title 44, if: (I) The person performing the testing provides written notice to the person submitting for testing natural medicine or natural medicine product intended for personal use that the person is not licensed by the state to conduct testing; and(II) The person who submits for testing natural medicine or natural medicine product provides a signed statement that the natural medicine or natural medicine product is intended for personal use only.(c) Nothing in this section permits a person to:(I) Dispense, sell, distribute, or possess with intent to dispense, sell, or distribute natural medicine or natural medicine product to a person under twenty-one years of age;(II) Dispense, sell, distribute, or possess with intent to dispense, sell, or distribute, natural medicine or natural medicine product for remuneration, except as provided by article 170 of title 12 and article 50 of title 44;(III) Manufacture, cultivate, possess, consume, use, dispense, or distribute natural medicine or natural medicine product, or possess with intent to manufacture, cultivate, possess, consume, use, dispense, or distribute natural medicine or natural medicine product for a purpose other than personal use or as provided by article 170 of title 12 and article 50 of title 44;(IV) Dispense, distribute, or possess with intent to dispense or distribute natural medicine or natural medicine product as a part of a business promotion or commercial activity, except as provided by article 170 of title 12 and article 50 of title 44; or(V) Dispense, sell, or distribute, or possess with intent to dispense, sell, or distribute, ibogaine or natural medicine product that contains ibogaine to another person, except as provided by article 170 of title 12 and article 50 of title 44.(d) A peace officer shall not arrest a person, and a district attorney shall not charge or prosecute a person, for a criminal offense involving natural medicine or natural medicine product pursuant to this part 4, except as expressly provided in this section.(e) Notwithstanding any provision of this section to the contrary, a peace officer may arrest a person, or a district attorney may charge or prosecute a person, for a criminal offense that is not expressly lawful pursuant to this section or article 170 of title 12 and article 50 of title 44.(6) Notwithstanding any law to the contrary, an action that is lawful pursuant to this section, article 170 of title 12, or article 50 of title 44, individually or in combination with another action that is lawful pursuant to this section, must not be the sole reason to: (a) Subject a person to a civil fine, penalty, or sanction;(b) Deny a person a right or privilege; or(c) Seize or forfeit assets.(7)(a) Except as provided in subsection (7)(b) of this section, an action that is lawful pursuant to this section, individually or in combination with another action that is lawful pursuant to this section, must not solely be used as a factor in a probable cause determination of any criminal offense.(b) An action that is lawful pursuant to this section may be used as a factor in a probable cause determination of any criminal offense if the original stop or search was lawful and other factors are present to support a probable cause determination of any criminal offense.(8) The fact that a person is entitled to consume natural medicine or natural medicine product under the laws of this state does not constitute a defense against any charge for violation of an offense related to the operation of a vehicle, aircraft, boat, machinery, or other device.(9) A county, municipality, or city and county shall not adopt, enact, or enforce any ordinance, rule, or resolution imposing any greater criminal or civil penalty than provided by this section or that is otherwise in conflict with this section.(10) Nothing in this section prohibits a person or any entity who occupies, owns, or controls a property from prohibiting or otherwise regulating the cultivation or manufacture of natural medicine or natural medicine product on or in that property.(11) Notwithstanding any other law to the contrary, the offenses provided for in this section do not apply to a person possessing, displaying, cultivating, purchasing, or selling a living plant for ornamental purposes only that was commonly and lawfully sold prior to the effective date of this section. For purposes of this section, a "living plant" does not include mushrooms or other fungal matter.(12) As used in this section, unless the context otherwise requires:(a) "Inherently hazardous substance" means any liquid chemical, compressed gas, or commercial product that has a flash point at or lower than thirty-eight degrees celsius or one hundred degrees fahrenheit, including butane, propane, and diethyl ether, and excluding all forms of alcohol and ethanol.(b)(I) "Natural medicine" means the following substances: (II) "Natural medicine" does not mean a synthetic or synthetic analog of the substances listed in this subsection (12)(b), including a derivative of a naturally occurring compound of natural medicine that is produced using chemical synthesis, chemical modification, or chemical conversion.(III) Notwithstanding subsection (12)(b)(I) of this section, "mescaline" does not include peyote, meaning all parts of the plant classified botanically as lophophora williamsii lemaire, whether growing or not; its seeds; any extract from any part of the plant, and every compound, salt, derivative, mixture, or preparation of the plant; or its seeds or extracts.(c) "Natural medicine product" means a product infused with natural medicine that is intended for consumption.(d) "Personal use" means the consumption or use of natural medicine or natural medicine product; or the amount of natural medicine or natural medicine product a person may lawfully possess, cultivate, or manufacture that is necessary to share with another person who is twenty-one years of age or older within the context of counseling, spiritual guidance, beneficial community-based use and healing, supported use, or related services. "Personal use" does not mean the sale of natural medicine or natural medicine product for remuneration; the possession, cultivation, or manufacture of natural medicine or natural medicine product with intent to sell the natural medicine or natural medicine product for remuneration; or the possession, cultivation, manufacture, or distribution of natural medicine or natural medicine product for business or commercial purposes, except as provided by article 170 of title 12 and article 50 of title 44. Nothing in this section precludes remuneration for bona fide harm reduction services or bona fide support services used concurrently with the sharing of natural medicine or natural medicine product, provided that there is no advertisement related to the sharing of natural medicine, natural medicine product, or the services provided, and provided that the individual providing the services informs an individual engaging in the services that the individual is not a licensed facilitator pursuant to article 170 of title 12.(e) "Private property" means a dwelling, its curtilage, and a structure within the curtilage that is being used by a natural person or natural persons for habitation and that is not open to the public.(f) "Remuneration" means anything of value, including money, real property, tangible and intangible personal property, contract right, chose in action, service, any right of use or employment or promise or agreement connected therewith, business promotion, or commercial activity.Added by 2023 Ch. 249,§ 31, eff. 7/1/2023.