Colorado § 27-80-209 Exemptions

Colorado Statutes

§ 27-80-209 — Exemptions

Colorado·Title 27 Behavioral·Art. Alcohol and Substance Use -

(1)The provisions of section 18-18-414, C.R.S., do not apply to:

(a)Agents of persons licensed under this part 2 or under part 3 of article 18 of title 18, C.R.S., acting within the provisions of their licenses; or

(b)Officers or employees of appropriate agencies of federal, state, or local governments acting pursuant to their official duties.

(2)All combination drugs that are exempted by regulation of the attorney general of the United States department of justice, pursuant to section 1006 (b) of Public Law 91-513 (84 Stat. 1236), known as the Comprehensive Drug Abuse Prevention and Control Act of 1970, on or after July 1, 1981, are exempt from this part 2 and part 3 of article 18 of title 18, C.R.S.

(3)This part 2 does not apply to peyote if it is used in religious ceremo

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(1) The provisions of section 18-18-414, C.R.S., do
not apply to:

(a) Agents of persons licensed under this part 2 or under part 3 of article 18
of title 18, C.R.S., acting within the provisions of their licenses; or

(b) Officers or employees of appropriate agencies of federal, state, or local
governments acting pursuant to their official duties.

(2) All combination drugs that are exempted by regulation of the attorney
general of the United States department of justice, pursuant to section 1006 (b) of
Public Law 91-513 (84 Stat. 1236), known as the Comprehensive Drug Abuse
Prevention and Control Act of 1970, on or after July 1, 1981, are exempt from this
part 2 and part 3 of article 18 of title 18, C.R.S.

(3) This part 2 does not apply to peyote if it is used in religious ceremonies of
any bona fide religious organization.

(4) Section 27-80-210 does not apply to a practitioner authorized to
prescribe any controlled substance that is listed in schedules III, IV, or V of part 2 of
article 18 of title 18, C.R.S., and that is manufactured, received, or dispensed by the
practitioner in the course of his or her professional practice, unless:

(a) The practitioner dispenses, other than by direct administration, a
schedule III, IV, or V controlled substance to his or her patients, and the practitioner
charges the patients either separately or together with charges for other
professional services; or

(b) The practitioner regularly engages in dispensing a schedule III, IV, or V
controlled substance to his or her patients.

(5) The exemptions set forth in this section are available as a defense to any
person accused of violating section 18-18-414, C.R.S.

(6) The state is not required to negate any exemption or exception in this
part 2 or in part 3 or 4 of article 18 of title 18, C.R.S., in any complaint, information,
indictment, or other pleading or in any trial, hearing, or other proceeding under this
part 2 or under part 4 of article 18 of title 18, C.R.S. The burden of proving an
exemption or exception is upon the person claiming the exemption or exception.

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