§ 18-18-302 — Registration requirements - definitions

Colorado § 18-18-302

• Jurisdiction: Colorado
• Title 18: Criminal
• Art.: Uniform Controlled Substances

Text

(1) Every person who
manufactures, distributes, or dispenses any controlled substance within this state,
or who proposes to engage in the manufacture, distribution, or dispensing of any
controlled substance within this state, shall obtain annually or biannually, if
applicable, a registration, issued by the respective licensing board or the BHA in
accordance with rules adopted by such board or by the BHA. For purposes of this
section and this article 18, registration or registered means the registering of
manufacturers, pharmacists, pharmacies, and animal shelters, as defined in section
35-80-102, located in this state, and distributors located in or doing business in this
state, by the state board of pharmacy, as set forth in article 280 of title 12, the
licensing of physicians by the Colorado medical board, as set forth in article 240 of
title 12, the licensing of podiatrists by the Colorado podiatry board, as set forth in
article 290 of title 12, the licensing of dentists by the Colorado dental board, as set
forth in article 220 of title 12, the licensing of optometrists by the state board of
optometry, as set forth in article 275 of title 12, the licensing of veterinarians by the
state board of veterinary medicine, as set forth in article 315 of title 12, and the
licensing of researchers and certified addiction counselors by the BHA, as set forth
in part 2 of article 80 of title 27.

(2) A person registered by the board or the BHA under this part 3 to
manufacture, distribute, dispense, or conduct research with controlled substances
may possess, manufacture, distribute, dispense, or conduct research with those
substances to the extent authorized by the registration and in conformity with this
article 18 and with article 280 of title 12.

(3) The following persons need not register and may lawfully possess
controlled substances under this article:

(a) An agent or employee of any registered manufacturer, distributor, or
dispenser of any controlled substance if the agent or employee is acting in the
usual course of business or employment;

(b) A common or contract carrier or warehouseman, or an employee thereof,
whose possession of any controlled substance is in the usual course of business or
employment;

(c) An ultimate user or a person in possession of any controlled substance
pursuant to a lawful order of a practitioner.

(4) The board or BHA may waive by rule the requirement for registration of
certain manufacturers, distributors, or dispensers upon finding it consistent with
the public health and safety.

(5) The board or BHA may inspect the establishment of a registrant or
applicant for registration of those persons they are authorized to register under this
part 3 in accordance with rules adopted by the board or BHA.

Legislative History

Source: L. 92: Entire article R&RE, p. 348, � 1, effective July 1. L. 94: (1) amended, p. 2605, � 4, effective July 1. L. 2010: (1) amended, (HB 10-1260), ch. 403, p. 1988, � 79, effective July 1. L. 2011: (1) amended, (SB 11-094), ch. 129, p. 451, � 31, effective April 22. L. 2012: (1) and (2) amended, (HB 12-1311), ch. 281, p. 1621, � 52, effective July 1. L. 2014: (1) amended, (HB 14-1227), ch. 363, p. 1737, � 45, effective July 1. L. 2019: (1) and (2) amended, (HB 19-1172), ch. 136, p. 1678, � 103, effective October 1. L. 2022: (1), (2), (4), and (5) amended, (HB 22-1278), ch. 222, p. 1499, � 33, effective July 1; (1) amended, (HB 22-1235), ch. 442, p. 3119, � 28, effective August 10.