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SB26-099 • 2026

Governor Temporary Classify Controlled Substance Analog

Under current law, any material, compound, mixture, or preparation that is a controlled substance analog that is substantially similar to the chemical structure of a controlled substance in schedule I

Healthcare
Passed Legislature

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

Sponsor
Sen. B. Kirkmeyer
Last action
2026-03-25
Official status
Senate Committee on Health & Human Services Postpone Indefinitely
Effective date
Not listed

Plain English Breakdown

The bill summary and text do not provide information on how often this authority might be used by the governor or its effectiveness in addressing synthetic opioid abuse.

Governor's Authority to Temporarily Classify Controlled Substance Analogs

This bill allows the governor to temporarily classify certain substances as controlled substance analogs under schedule II, subject to specific conditions and limitations.

What This Bill Does

  • Defines when a material can be classified by the governor as an analog of a schedule II controlled substance.
  • Requires the governor to issue an executive order providing public notice before classifying a substance.
  • Limits the temporary classification to two years unless repealed earlier or terminated by joint resolution from the General Assembly.

Who It Names or Affects

  • The governor of Colorado
  • Manufacturers and distributors of synthetic opioids

Terms To Know

Controlled Substance Analog
A substance that is similar in chemical structure to a controlled substance listed on schedule II.
Schedule II Controlled Substances
Substances with high potential for abuse and dependence, but also have accepted medical uses.

Limits and Unknowns

  • The bill does not specify the exact conditions or criteria under which a substance can be classified.
  • It is unclear how often this authority might be used by the governor.

Bill History

  1. 2026-03-25 Senate

    Senate Committee on Health & Human Services Postpone Indefinitely

  2. 2026-03-12 Senate

    Senate Committee on Health & Human Services Witness Testimony and/or Committee Discussion Only

  3. 2026-02-11 Senate

    Introduced In Senate - Assigned to Health & Human Services

Official Summary Text

Under current law, any material, compound, mixture, or preparation that is a controlled substance analog that is substantially similar to the chemical structure of a controlled substance in schedule II (analog to a schedule II controlled substance) is treated as a controlled substance in schedule II.
The bill authorizes the governor to temporarily classify a material, compound, mixture, or preparation as an analog to a schedule II controlled substance, subject to conditions.
(Note: This summary applies to this bill as introduced.)

Current Bill Text

Read the full stored bill text 
Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED

LLS NO. 26-0445.01 Jacob Baus x2173 SENATE BILL 26-099
Senate Committees House Committees
Health & Human Services
A BILL FOR AN ACT
CONCERNING AUTHORIZING THE GOVERNOR TO TEMPORARILY101
CLASSIFY A SUBSTANCE AS A CONTROLLED SUBSTANCE ANALOG102
UNDER SCHEDULE II.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
Under current law, any material, compound, mixture, or
preparation that is a controlled substance analog that is substantially
similar to the chemical structure of a controlled substance in schedule II
(analog to a schedule II controlled substance) is treated as a controlled
substance in schedule II.
SENATE SPONSORSHIP
Kirkmeyer,
HOUSE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
The bill authorizes the governor to temporarily classify a material,
compound, mixture, or preparation as an analog to a schedule II
controlled substance, subject to conditions.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) The illegal manufacture, distribution, and use of synthetic4
opioids, including fentanyl, has increased in recent years, presenting a5
serious health and public safety risk in Colorado;6
(b) Because certain controlled substances listed on schedule II are7
synthetic, illegal manufacturers and distributors alter substances'8
chemistry to avoid classification on schedule II;9
(c) In some instances, a synthetic substance's chemistry is so10
unique that there is the potential for debate, confusion, and inconsistency11
within the justice system whether a substance is on schedule II or12
constitutes an analog thereof;13
(d) The state has a compelling interest in defending against the14
serious health and public safety consequences presented by a new and15
unanticipated synthetic substance proliferating faster than sufficient16
legislative response; and17
(e) Authorizing the governor to temporarily declare a material,18
compound, mixture, or preparation that has not been specifically excluded19
from or included in a schedule is a controlled substance analog in20
schedule II described in existing law, is an appropriate, narrowly tailored21
approach that clearly:22
(I) Articulates the authority that may be executed;23
(II) Assigns the authority to the governor only; and24
SB26-099-2-
(III) Defines the scope of the authority, including safeguards that1
prevent against abuse and noticing requirements that protect the peoples'2
liberty interests.3
SECTION 2. In Colorado Revised Statutes, 18-18-204, add (3)4
as follows:5
18-18-204. Schedule II.6
(3) (a) U NLESS SPECIFICALLY EXCEPTED OR SPECIFICALLY7
INCLUDED IN A SCHEDULE , THE GOVERNOR MAY CLASSIFY THAT A8
MATERIAL, COMPOUND , MIXTURE , OR PREPARATION IS A CONTROLLED9
SUBSTANCE ANALOG DESCRIBED IN SUBSECTION (2)(g) OF THIS SECTION10
THAT IS TREATED, FOR PURPOSES OF THIS ARTICLE 18, AS A CONTROLLED11
SUBSTANCE IN SCHEDULE II IF:12
(I) T HE MATERIAL , COMPOUND , MIXTURE , OR PREPARATION 'S13
CHEMICAL STRUCTURE IS SUBSTANTIALLY SIMILAR TO THE CHEMICAL14
STRUCTURE OF A CONTROLLED SUBSTANCE IN SCHEDULE II OR WAS15
SPECIFICALLY DESIGNED TO PRODUCE AN EFFECT SUBSTANTIALLY SIMILAR16
TO OR GREATER THAN THE EFFECT OF A CONTROLLED SUBSTANCE IN17
SCHEDULE II, AND ALL OR PART OF WHICH IS INTENDED FOR HUMAN18
CONSUMPTION; AND19
(II) (A) T HE GOVERNOR ISSUES AN EXECUTIVE ORDER THAT20
PROVIDES REASONABLE NOTICE TO THE PUBLIC AND THE GENERAL21
ASSEMBLY THAT THE MATERIAL, COMPOUND, MIXTURE, OR PREPARATION22
IS A CONTROLLED SUBSTANCE ANALOG THAT IS TREATED, FOR PURPOSES23
OF THIS ARTICLE 18, AS A CONTROLLED SUBSTANCE IN SCHEDULE II; AND24
(B) THE GOVERNOR PROVIDES THE DESIGNATION DATE OF WHEN25
THE MATERIAL, COMPOUND, MIXTURE, OR PREPARATION IS A CONTROLLED26
SUBSTANCE ANALOG THAT IS TREATED, FOR PURPOSES OF THIS ARTICLE 18,27
SB26-099-3-
AS A CONTROLLED SUBSTANCE IN SCHEDULE II.1
(b) (I) T HE GOVERNOR 'S DESIGNATION OF THE MATERIAL ,2
COMPOUND, MIXTURE, OR PREPARATION AS A CONTROLLED SUBSTANCE3
ANALOG IS NOT EFFECTIVE AFTER 12:01 A.M. ON THE DAY THAT IS TWO4
YEARS AFTER THE DESIGNATION DATE DESCRIBED IN SUBSECTION (3)(a) OF5
THIS SECTION.6
(II) THE GOVERNOR:7
(A) M AY REPEAL THE DESIGNATION OF THE MATERIAL ,8
COMPOUND, MIXTURE, OR PREPARATION AS A CONTROLLED SUBSTANCE9
ANALOG ON A DATE AND TIME THAT IS EARLIER THAN THE DATE AND TIME10
DESCRIBED IN SUBSECTION (3)(b)(I) OF THIS SECTION;11
(B) S HALL NOT EXTEND THE DESIGNATION OF THE MATERIAL ,12
COMPOUND, MIXTURE, OR PREPARATION AS A CONTROLLED SUBSTANCE13
ANALOG TO A DATE OR TIME THAT IS LATER THAN THE DATE OR TIME14
DESCRIBED IN SUBSECTION (3)(b)(I) OF THIS SECTION; AND15
(C) S HALL NOT RENEW THE DESIGNATION OF THE MATERIAL ,16
COMPOUND, MIXTURE, OR PREPARATION AS A CONTROLLED SUBSTANCE17
ANALOG AFTER THE EXPIRATION OR REPEAL OF THE DESIGNATION . THIS18
SUBSECTION (3)(b)(II)(C) APPLIES IN ALL INSTANCES, INCLUDING IF THE19
DESIGNATION OF THE MATERIAL, COMPOUND, MIXTURE, OR PREPARATION20
AS A CONTROLLED SUBSTANCE ANALOG REPEALED OR EXPIRED PRIOR TO21
THE DATE OR TIME DESCRIBED IN SUBSECTION (3)(b)(I) OF THIS SECTION.22
(c) T HIS SUBSECTION (3) DOES NOT PROHIBIT A COURT FROM23
FINDING THAT A MATERIAL, COMPOUND, MIXTURE, OR PREPARATION IS A24
CONTROLLED SUBSTANCE ANALOG DESCRIBED IN SUBSECTION (2)(g) OF25
THIS SECTION.26
(d) T HE GENERAL ASSEMBLY , BY JOINT RESOLUTION , MAY27
SB26-099-4-
TERMINATE THE DESIGNATION OF A CONTROLLED SUBSTANCE ANALOG1
MADE IN AN EXECUTIVE ORDER DESCRIBED IN THIS SUBSECTION (3).2
SECTION 3. Act subject to petition - effective date. This act3
takes effect at 12:01 a.m. on the day following the expiration of the4
ninety-day period after final adjournment of the general assembly (August5
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a6
referendum petition is filed pursuant to section 1 (3) of article V of the7
state constitution against this act or an item, section, or part of this act8
within such period, then the act, item, section, or part will not take effect9
unless approved by the people at the general election to be held in10
November 2026 and, in such case, will take effect on the date of the11
official declaration of the vote thereon by the governor.12
SB26-099-5-