A Bill for an Act
Page 1, Line 101Concerning the lawful use of a prescription drug product
Page 1, Line 102containing a schedule I controlled substance.
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.)
The bill exempts from schedule I a prescription drug product containing the schedule I controlled substance (product) if the product is:
- Approved for prescription use by the United States food and drug administration; and
- Designated or rescheduled by the United States drug enforcement agency (DEA).
The exemption applies upon the DEA's designation or rescheduling.
The bill requires that the product be controlled in Colorado in the same manner as the product is controlled by the DEA.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. Legislative declaration. The general assembly
Page 2, Line 3declares that it is in the best interests of the people of Colorado that
Page 2, Line 4health-care professionals in Colorado are able to treat patients with
Page 2, Line 5medicine that is approved by the federal food and drug administration for
Page 2, Line 6prescription use.
Page 2, Line 7SECTION 2. In Colorado Revised Statutes, 18-18-203, add (3)
Page 2, Line 8as follows:
Page 2, Line 918-18-203. Schedule I.
Page 2, Line 10(3) (a) Notwithstanding subsection (1) or (2) of this
Page 2, Line 11section, a controlled substance listed on schedule I pursuant to
Page 2, Line 12this section does not include a prescription drug product
Page 2, Line 13containing the schedule I controlled substance if the
Page 2, Line 14prescription drug product is approved for prescription use by the
Page 2, Line 15federal food and drug administration and designated or
Page 2, Line 16rescheduled by the federal drug enforcement administration on
Page 2, Line 17a schedule other than schedule I, pursuant to 21 U.S.C. sec. 812
Page 2, Line 18and 21 CFR part 1308, or is exempt pursuant to 21 CFR part 1308.
Page 2, Line 19(b) A prescription drug product containing a schedule I
Page 2, Line 20controlled substance that is approved for prescription use by
Page 2, Line 21the federal food and drug administration must be controlled in
Page 2, Line 22Colorado in the same manner as the product is controlled by
Page 2, Line 23the federal drug enforcement administration pursuant to 21
Page 3, Line 1U.S.C. sec. 812 and 21 CFR part 1308, or is exempt pursuant to 21
Page 3, Line 2CFR part 1308.
Page 3, Line 3(c) The designation or rescheduling of a prescription drug
Page 3, Line 4product in Colorado is automatically and immediately effective
Page 3, Line 5upon the effective date of the federal drug enforcement
Page 3, Line 6administration's designation or rescheduling pursuant to 21
Page 3, Line 7U.S.C. sec. 812 and 21 CFR part 1308, or is exempt pursuant to 21
Page 3, Line 8CFR part 1308.
Page 3, Line 9SECTION 3. Act subject to petition - effective date. This act
Page 3, Line 10takes effect at 12:01 a.m. on the day following the expiration of the
Page 3, Line 11ninety-day period after final adjournment of the general assembly (August
Page 3, Line 1212, 2026, if adjournment sine die is on May 13, 2026); except that, if a
Page 3, Line 13referendum petition is filed pursuant to section 1 (3) of article V of the
Page 3, Line 14state constitution against this act or an item, section, or part of this act
Page 3, Line 15within such period, then the act, item, section, or part will not take effect
Page 3, Line 16unless approved by the people at the general election to be held in
Page 3, Line 17November 2026 and, in such case, will take effect on the date of the
Page 3, Line 18official declaration of the vote thereon by the governor.