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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
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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
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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
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