§ 18-18-304 — Suspension or revocation of registration

Colorado § 18-18-304

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

Text

(1) The board or BHA
may suspend or revoke a registration under section 18-18-303 to manufacture,
distribute, or dispense a controlled substance upon finding that the registrant has:

(a) Furnished false or fraudulent material information in any application filed
under this part 3;

(b) Been convicted of a felony under any state or federal law relating to any
controlled substance;

(c) Had the registrant's federal registration suspended or revoked and is no
longer authorized by federal law to manufacture, distribute, or dispense controlled
substances; or

(d) Committed acts that would render registration under section 18-18-303
inconsistent with the public interest as determined under that section.

(2) The board or BHA may deny, suspend, revoke, or take other authorized
disciplinary action to limit the authority of any registrant to prescribe, distribute,
dispense, or administer controlled substances, or any classification thereof, within
this state if grounds for denial, suspension, or revocation exist. These proceedings
must be conducted in accordance with the provisions of article 4 of title 24.

(3) If a registration is suspended or revoked, the board or BHA may place
under seal all controlled substances owned or possessed by the registrant at the
time of suspension or the effective date of the revocation order. No disposition may
be made of substances under seal until the time for taking an appeal has elapsed or
until all appeals have been concluded unless a court, upon application, orders the
sale of perishable substances and the deposit of the proceeds of the sale with the
court. When a revocation order becomes final, the court may order the controlled
substances forfeited to the state.

(4) The board or BHA may seize or place under seal any controlled substance
owned or possessed by a registrant whose registration has expired or who has
ceased to practice or do business in the manner contemplated by the registration.
The controlled substance must be held for the benefit of the registrant or the
registrant's successor in interest. The board or BHA shall notify a registrant, or the
registrant's successor in interest, whose controlled substance is seized or placed
under seal, of the procedures to be followed to secure the return of the controlled
substance and the conditions under which it will be returned. The board or BHA may
not dispose of any controlled substance seized or placed under seal under this
subsection (4) until the expiration of one hundred eighty days after the controlled
substance was seized or placed under seal. The costs incurred by the board or BHA
in seizing, placing under seal, maintaining custody, and disposing of any controlled
substance under this subsection (4) may be recovered from the registrant, any
proceeds obtained from the disposition of the controlled substance, or from both.
Any balance remaining after the costs have been recovered from the proceeds of
any disposition must be delivered to the registrant or the registrant's successor in
interest.

(5) The board or BHA shall promptly notify the drug enforcement
administration of all orders restricting, suspending, or revoking registration and all
forfeitures of controlled substances.

Legislative History

Source: L. 92: Entire article R&RE, p. 351, � 1, effective July 1. L. 2022: Entire section amended, (HB 22-1278), ch. 222, p. 1501, � 35, effective July 1.