SB26-031 • 2026

Use of Prescription Product with Controlled Substance

The bill exempts from schedule I a prescription drug product containing the schedule I controlled substance (product) if the product is: Approved for prescription use by the United States food and dru

Healthcare

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Sen. W. Lindstedt, Sen. J. Rich, Rep. S. Camacho, Rep. M. Soper, Sen. J. Bridges, Sen. J. Coleman, Sen. N. Hinrichsen, Rep. J. Bacon, Rep. A. Boesenecker, Rep. B. Bradley, Rep. K. Brown, Rep. M. Duran, Rep. S. Lieder, Rep. K. Nguyen, Rep. M. Rutinel, Rep. G. Rydin, Rep. R. Stewart
Last action: 2026-04-08
Official status: Sent to the Governor
Effective date: Not listed

Plain English Breakdown

The bill's final status and the Governor's decision are still pending.

Exemption for Prescription Drugs with Controlled Substances

This bill allows certain prescription drugs containing controlled substances to be exempt from strict regulations if approved by the FDA and rescheduled or designated by the DEA.

What This Bill Does

Allows a drug that contains a schedule I controlled substance to be used legally as long as it is approved for prescription use by the FDA and rescheduled or designated by the DEA.
Requires that such drugs are dispensed only by pharmacies or administered by doctors.
Limits possession of these drugs to people who are authorized to have them.
Ensures that Colorado follows federal rules on how to control these drugs.

Who It Names or Affects

People who need prescription drugs with controlled substances
Doctors and pharmacists who prescribe or dispense these drugs

Terms To Know

Schedule I Controlled Substance: A drug that is highly regulated because it has a high potential for abuse and no accepted medical use.
FDA: The U.S. Food and Drug Administration, which approves drugs for prescription use.

Limits and Unknowns

This bill does not apply to natural medicine products.
It is unclear if the Governor will sign this bill into law.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

L.003

HOU Health & Human Services

Passed [*]

Plain English: The amendment changes specific references in the bill to update them with new legal terms related to practitioners and controlled substances.

Replaces a reference on page 2, line 22 with 'PRACTITIONER, AS DEFINED IN SECTION 18-18-102 (29); AND'.
On page 3, line 27, replaces the term '12-170-104.' with '18-18-434 (12)(b).'
On page 4, line 2, changes '12-170-104.' to '18-18-434 (12)(c).'

The amendment text does not provide a clear explanation of what these legal terms mean or how they affect the bill's overall purpose.

L.004

HOU Health & Human Services

Passed [*]

Plain English: The amendment adds a new section to the bill that ensures certain marijuana-related provisions of the state constitution are not affected by the bill's prescription drug regulations.

Adds a new subsection (e) to the bill, which states that nothing in this subsection restricts or affects the regulation of or access to marijuana or marijuana concentrate authorized under specific sections of the state constitution.

The amendment references specific constitutional sections and definitions from other parts of the law, which may require additional context for full understanding.

L.001

SEN Health & Human Services

Passed [*]

Plain English: The amendment changes the bill to specify that a prescription drug containing a controlled substance must be approved for use by the U.S. Food and Drug Administration, dispensed or administered legally, and possessed only by authorized individuals.

Adds requirements that the prescription drug product must be dispensed by a registered pharmacy or outlet, or administered by a licensed physician.
Specifies that possession of the drug is limited to persons authorized under Colorado law to possess controlled substances.
Clarifies that the exemption does not apply if there are violations of other parts of the same article.

The amendment text does not provide full details on how these changes will be enforced or what specific penalties might apply for non-compliance.

L.002

Second Reading

Passed [**]

Plain English: The amendment adds a new section to the bill that excludes certain natural medicine products and actions related to them from being regulated under specific parts of the law.

Adds an exclusion for natural medicines and their products from being affected by certain regulations in the bill.
Specifies that lawful actions concerning natural medicine are not impacted by the provisions mentioned in the bill.

The exact definitions of 'natural medicine' and 'natural medicine product' are referenced but not provided, requiring readers to look them up elsewhere.

Bill History

2026-04-08 Governor
Sent to the Governor
2026-04-07 House
Signed by the Speaker of the House
2026-04-07 Senate
Signed by the President of the Senate
2026-04-06 Senate
Senate Considered House Amendments - Result was to Concur - Repass
2026-04-02 House
House Third Reading Passed - No Amendments
2026-03-31 House
House Third Reading Laid Over Daily - No Amendments
2026-03-30 House
House Second Reading Special Order - Passed with Amendments - Committee
2026-03-25 House
House Committee on Health & Human Services Refer Amended to House Committee of the Whole
2026-02-25 House
Introduced In House - Assigned to Health & Human Services
2026-02-24 Senate
Senate Third Reading Passed - No Amendments
2026-02-23 Senate
Senate Second Reading Passed with Amendments - Committee, Floor
2026-02-18 Senate
Senate Second Reading Laid Over to 02/23/2026 - No Amendments
2026-02-12 Senate
Senate Committee on Health & Human Services Refer Amended to Senate Committee of the Whole
2026-02-04 Senate
Senate Committee on Health & Human Services Witness Testimony and/or Committee Discussion Only
2026-01-22 Senate
Introduced In Senate - Assigned to Health & Human Services

Official Summary Text

The bill exempts from schedule I a prescription drug product containing the schedule I controlled substance (product) if the product is:
Approved for prescription use by the United States food and drug administration;
and
Designated or rescheduled by the United States drug enforcement agency (DEA);

Dispensed by a pharmacy or prescription drug outlet, or administered by a physician; and

Possessed by a person who is authorized to possess a controlled substance.
The exemption applies upon the DEA's designation or rescheduling.
The bill requires that the product be controlled in Colorado in the same manner as the product is controlled by the DEA
and state law
.

The bill clarifies that its provisions do not apply to or affect the regulation of or lawful actions or conduct concerning natural medicine or natural medicine product.
(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Current Bill Text

Read the full stored bill text

SENATE BILL 26-031
BY SENATOR(S) Lindstedt and Rich, Bridges, Hinrichsen, Coleman;
also REPRESENTATIVE(S) Camacho and Soper, Bacon, Boesenecker,
Bradley, Brown, Duran, Lieder, Nguyen, Rutinel, Rydin, Stewart R.
CONCERNING THE LAWFUL USE OF A PRESCRIPTION DRUG PRODUCT
CONTAINING A SCHEDULE I CONTROLLED SUBSTANCE.

Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. The general assembly
declares that it is in the best interests of the people of Colorado that
health-care professionals in Colorado are able to treat patients with
medicine that is approved by the federal food and drug administration for
prescription use.
SECTION 2. In Colorado Revised Statutes, 18-18-203, add (3) as
follows:
18-18-203. Schedule I - definitions.
(3) (a) NOTWITHSTANDING SUBSECTION (1) OR (2) OF THIS SECTION,
A CONTROLLED SUBSTANCE LISTED ON SCHEDULE I PURSUANT TO THIS
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
SECTION DOES NOT INCLUDE A PRESCRIPTION DRUG PRODUCT CONTAINING
THE SCHEDULE I CONTROLLED SUBSTANCE IF THE PRESCRIPTION DRUG
PRODUCT IS:
(I) APPROVED FOR PRESCRIPTION USE BY THE FEDERAL FOOD AND
DRUG ADMINISTRATION AND DESIGNATED OR RESCHEDULED BY THE FEDERAL
DRUG ENFORCEMENT ADMINISTRATION ON A SCHEDULE OTHER THAN
SCHEDULE I, PURSUANT TO 21 U.S.C. SEC. 812 AND 21 CFR PART 1308, OR
IS EXEMPT PURSUANT TO 21 CFR PART 1308;
(II) D ISPENSED BY A PHARMACY OR PRESCRIPTION DRUG OUTLET
REGISTERED BY THE STATE OF COLORADO, OR ADMINISTERED BY A
PRACTITIONER, AS DEFINED IN SECTION 18-18-102 (29); AND
(III) P OSSESSED ONLY BY A PERSON AUTHORIZED TO POSSESS A
CONTROLLED SUBSTANCE PURSUANT TO SECTION 18-18-302.
(b) A PRESCRIPTION DRUG PRODUCT CONTAINING A SCHEDULE I
CONTROLLED SUBSTANCE THAT IS APPROVED FOR PRESCRIPTION USE BY THE
FEDERAL FOOD AND DRUG ADMINISTRATION MUST BE CONTROLLED IN
COLORADO IN THE SAME MANNER AS THE PRODUCT IS CONTROLLED BY THE
FEDERAL DRUG ENFORCEMENT ADMINISTRATION PURSUANT TO 21 U.S.C.
SEC. 812 AND 21 CFR PART 1308, OR IS EXEMPT PURSUANT TO 21 CFR PART
1308, THE PROVISIONS SET FORTH IN PART 1 OF ARTICLE 280 OF TITLE 12,
AND PART 3 OF THIS ARTICLE 18. NOTHING IN THIS SECTION EXEMPTS A
PERSON FROM ANY VIOLATION OF PART 4 OF THIS ARTICLE 18.
(c) THE DESIGNATION OR RESCHEDULING OF A PRESCRIPTION DRUG
PRODUCT IN COLORADO IS AUTOMATICALLY AND IMMEDIATELY EFFECTIVE
UPON THE EFFECTIVE DATE OF THE FEDERAL DRUG ENFORCEMENT
ADMINISTRATION'S DESIGNATION OR RESCHEDULING PURSUANT TO 21 U.S.C.
SEC. 812 AND 21 CFR PART 1308, OR IS EXEMPT PURSUANT TO 21 CFR PART
1308.
(d) (I) T HIS SUBSECTION (3) DOES NOT APPLY TO , OR AFFECT THE
REGULATION OF OR LAWFUL ACTIONS OR CONDUCT CONCERNING:
(A) NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT;
(B) T HE REGULATION OF OR LAWFUL ACTIONS OR CONDUCT
PAGE 2-SENATE BILL 26-031
PURSUANT TO ARTICLE 170 OF TITLE 12; OR
(C) T HE REGULATION OF OR LAWFUL ACTIONS OR CONDUCT
PURSUANT TO ARTICLE 50 OF TITLE 44.
(II) A S USED IN THIS SUBSECTION (3), UNLESS THE CONTEXT
OTHERWISE REQUIRES:
(A) "NATURAL MEDICINE" HAS THE MEANING SET FORTH IN SECTION
18-18-434 (12)(b).
(B) "NATURAL MEDICINE PRODUCT" HAS THE MEANING SET FORTH
IN SECTION 18-18-434 (12)(c).
(e) (I) NOTHING IN THIS SUBSECTION (3) RESTRICTS OR OTHERWISE
AFFECTS THE REGULATION OF OR ACCESS TO MARIJUANA OR MARIJ UANA
CONCENTRATE THAT IS AUTHORIZED PURSUANT TO SECTIONS 14 AND 16 OF
ARTICLE XVIII OF THE STATE CONSTITUTION.
(II) A S USED IN THIS SUBSECTION (3)(e), UNLESS THE CONTEXT
OTHERWISE REQUIRES:
(A) "M ARIJUANA" HAS THE MEANING SET FORTH IN SECTION
18-18-102 (18).
(B) "MARIJUANA CONCENTRATE" HAS THE MEANING SET FORTH IN
SECTION 18-18-102 (19).
SECTION 3. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
such period, then the act, item, section, or part will not take effect unless
approved by the people at the general election to be held in November 2026
PAGE 3-SENATE BILL 26-031
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
____________________________ ____________________________
James Rashad Coleman, Sr. Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Esther van Mourik Vanessa Reilly
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 4-SENATE BILL 26-031