“Drugs” – CDAC Member Portal

1. 1. 1. Recognized as drugs in the official United States pharmacopoeia, national formulary, or the official homeopathic pharmacopoeia of the United States, or a supplement thereof;
    2. Intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in individuals or animals;
    3. Other than food, intended to affect the structure or any function of the body of individuals or animals; or
    4. Intended for use as a component of any substance specified in (I), (II), or (III).

A “controlled substance” in § 18-18-102(5) means:

a drug, substance, or immediate precursor included in schedules I through V of part 2 of this article, including cocaine, marijuana, marijuana concentrate, cathinones, any synthetic cannabinoid, and salvia divinorum.

“Toxic vapors” in § 18-18-412(3) means the following substances or products containing such substances:

(a) Alcohols, including methyl, isopropyl, propyl, or butyl;

(b) Aliphatic acetates, including ethyl, methyl, propyl, or methyl cellosolve acetate;

(d) Benzene;

(e) Carbon tetrachloride;

(f) Cyclohexane;

(g) Freons, including freon 11 and freon 12;

(h) Hexane;

(i) Methyl ethyl ketone;

(j) Methyl isobutyl ketone;

(k) Naphtha;

(l) Perchloroethylene;

(m) Toluene;

(n) Trichloroethane; or

(o) Xylene.

Although in the vast majority of impaired driving cases you will not need to spend any time proving that the impairing substance qualifies as a “drug” under the statute, you will, on rare occasion, find that someone is under the influence of a substance that does not neatly fit into any one of these categories. In those situations, you may need to consult an expert on the drug to determine whether you can proceed with impaired driving charges.