Colorado § 18-18-203 - Schedule I - definitions.

§ 18-18-203. Schedule I - definitions.

(1) A substance shall be added to schedule I by the general assembly when:

(a) The substance has high potential for abuse;

(b) The substance has no currently accepted medical use in treatment in the United States; and

(c) The substance lacks accepted safety for use under medical supervision.

(2) Unless specifically excepted by Colorado or federal law or Colorado or federal regulation or more specifically included in another schedule, the following controlled substances are listed in schedule I:

(a) Any of the following synthetic opiates, including any isomers, esters, ethers, salts, and salts of isomers, esters, and ethers of them that are theoretically possible within the specific chemical designation:

(I) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl ] -N- phenylacetamide);

(II) Acetylmethadol;

(III) Allylprodine;

(IV) Alphacetylmethadol;

(V) Alphameprodine;

(VI) Alphamethadol;

(VII) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl) ethyl-4-piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl)- 4-(N-propanilido) piperidine);

(VIII) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl) ethyl-4-piperidinyl]-N-phenylpropanamide);

(IX) Benzethidine;

(X) Betacetylmethadol;

(XI) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4- piperidinyl]-N-phenylpropanamide);

(XII) Beta-hydroxy-3-methylfentanyl (other name: N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl-] N-phenylpropanamide);

(XIII) Betameprodine;

(XIV) Betamethadol;

(XV) Betaprodine;

(XVI) Clonitazene;

(XVII) Dextromoramide;

(XVIII) Diampromide;

(XIX) Diethylthiambutene;

(XX) Difenoxin;

(XXI) Dimenoxadol;

(XXII) Dimepheptanol;

(XXIII) Dimethylthiambutene;

(XXIV) Dioxaphetyl butyrate;

(XXV) Dipipanone;

(XXVI) Ethylmethylthiambutene;

(XXVII) Etonitazene;

(XXVIII) Etoxeridine;

(XXIX) Furethidine;

(XXX) Hydroxypethidine;

(XXXI) Ketobemidone;

(XXXII) Levomoramide;

(XXXIII) Levophenacylmorphan;

(XXXIV) 3-methylfentanyl (N-[3-methyl-1-(2- phenylethyl)-4-piperidyl]-N-phenylpropanamide);

(XXXV) 3-methylthiofentanyl (N-[3-methyl-1-(2- thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);

(XXXVI) Morpheridine;

(XXXVII) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);

(XXXVIII) Noracymethadol;

(XXXIX) Norlevorphanol;

(XL) Normethadone;

(XLI) Norpipanone;

(XLII) Para-fluorofentanyl (N-(4-fluorophenyl)-N- [1-(2-phenethyl) -4-piperidinyl]-propanamide);

(XLIII) PEPAP (1-(-2-phenethyl)-4-phenyl- 4-acetoxypiperidine);

(XLIV) Phenadoxone;

(XLV) Phenampromide;

(XLVI) Phenomorphan;

(XLVII) Phenoperidine;

(XLVIII) Piritramide;

(XLIX) Proheptazine;

(L) Properidine;

(LI) Propiram;

(LII) Racemoramide;

(LIII) Thiofentanyl (N-phenyl-N-[1-(2- thienyl) ethyl-4-piperidinyl]-propanamide);

(LIV) Tilidine;

(LV) Trimeperidine.

(b) Any of the following opium derivatives, including their salts, isomers, and salts of isomers of them that are theoretically possible within the specific chemical designation:

(I) Acetorphine;

(II) Acetyldihydrocodeine;

(III) Benzylmorphine;

(IV) Codeine methylbromide;

(V) Codeine-N-Oxide;

(VI) Cyprenorphine;

(VII) Desomorphine;

(VIII) Dihydromorphine;

(IX) Drotebanol;

(X) Etorphine, except hydrochloride salt;

(XI) Heroin;

(XII) Hydromorphinol;

(XIII) Methyldesorphine;

(XIV) Methyldihydromorphine;

(XV) Morphine methylbromide;

(XVI) Morphine methylsulfonate;

(XVII) Morphine-N-Oxide;

(XVIII) Myrophine;

(XIX) Nicocodeine;

(XX) Nicomorphine;

(XXI) Normorphine;

(XXII) Pholcodine;

(XXIII) Thebacon.

(c) Any material, compound, mixture, or preparation containing any quantity of the following hallucinogenic substances, including any salts, isomers, and salts of isomers of them that are theoretically possible within the specific chemical designation:

(I) 4-bromo-2, 5-dimethoxy-amphetamine (Some trade or other names: 4-bromo-2, 5-dimethoxy-alpha- methylphenethylamine; 4-bromo-2, 5-DMA.);

(II) 2,5-dimethoxyamphetamine (Some trade or other names: 2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA.);

(II.5) 2,5-Dimethoxy-4-ethylamphetamine (DOET);

(III) 4-methoxyamphetamine (Some trade or other names: 4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine, PMA.);

(IV) 5-methoxy-3,4-methylenedioxy amphetamine;

(IV.5) 5-methoxy-N, N-diisopropyltryptamine (5-MeO-DiPT);

(V) 4-methyl-2,5-dimethoxy-amphetamine (Some trade and other names: 4-methyl-2,5-dimethoxy-alpha- methylphenethylamine; DOM; and STP.);

(VI) 3,4-methylenedioxy amphetamine;

(VII) 3,4-methylenedioxymethamphetamine (MDMA); except that 3,4-methylenedioxymethamphetamine (MDMA) does not include a prescription drug product containing 3,4-methylenedioxymethamphetamine (MDMA) approved by the federal food and drug administration and placed on a schedule of the federal "Controlled Substances Act", 21 U.S.C. sec. 801 et seq., as amended, other than schedule I, or has been exempted from one or more provisions of such act, and that is intended for prescribed use and dispensed by a pharmacy or prescription drug outlet registered by the state of Colorado and only possessed by a person authorized to possess a controlled substance pursuant to section 18-18-302. Any such drug product containing MDMA that is approved by the federal food and drug administration must be controlled in Colorado in the same manner as required by any federal control designation pursuant to the federal "Controlled Substances Act", or any exemption from one or more provisions of that act, and subject to the provisions set forth in part 1 of article 280 of title 12 and part 3 of this article 18. Nothing in this section exempts a person from any violation of part 4 of this article 18.

(VIII) 3,4,5-trimethoxy amphetamine;

(VIII.5) Alpha-methyltryptamine (AMT);

(IX) Bufotenine (Some trade and other names: 3-(beta-Dimethylaminoethyl)-5-hydroxyindole; 3-(2- dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine.);

(X) Diethyltryptamine (Some trade or other names: N,N-Diethyltryptamine; DET.);

(XI) Dimethyltryptamine (Some trade or other names: DMT.);

(XII) Ibogaine (Some trade and other names: (7-Ethyl-6,6B,7,8,9,10,12,13-octahydro-2- methoxy-6,9-methano-5H-pyrido [1', 2':1,2] azepine [5,4- b] indole; Tabernanthe iboga.);

(XIII) Lysergic acid diethylamide;

(XIV) Mescaline;

(XV) Parahexyl (Some trade or other names: 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9- trimethyl-6H-dibenzo[b,d]pyran; Synhexyl.);

(XVI) Peyote (Meaning all parts of the plant classified botanically as Lophophora williamsii Lemaire, whether growing or not, its seeds, any extract from any part of the plant, and every compound, salt, derivative, mixture, or preparation of the plant, or its seeds or extracts);

(XVII) N-ethyl MDA;

(XVIII) N-ethyl-3-piperidyl benzilate;

(XIX) N-hydroxy MDA;

(XX) N-methyl-3-piperidyl benzilate;

(XXI) Psilocybin; except that psilocybin does not include a prescription drug product containing crystalline polymorph psilocybin approved by the federal food and drug administration and placed on a schedule of the federal "Controlled Substances Act", 21 U.S.C. sec. 801 et seq., other than schedule I, or exempt from one or more provisions of that act, and that is intended for prescribed use and dispensed by a pharmacy or prescription drug outlet registered by the state of Colorado and only possessed by a person authorized to possess a controlled substance pursuant to section 18-18-302. Any prescription drug product containing crystalline polymorph psilocybin that is approved by the federal food and drug administration must be controlled in Colorado in the same manner as required by any federal control designation pursuant to the federal "Controlled Substances Act", or any exemption from one or more provisions of that act; and is subject to the provisions set forth in part 1 of article 280 of title 12 and part 3 of this article 18. Nothing in this subsection (2)(c)(XXI) exempts a person from any violation of part 4 of this article 18.

(XXII) Psilocyn;

(XXIII) Tetrahydrocannabinols;

(XXIV) Ethylamine analog of phencyclidine (Some trade or other names: N-ethyl-1- phenylcyclohexylamine, (1-phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexl) ethylamine, cyclohexamine, PCE.);

(XXV) Pyrrolidine analog of phencyclidine (Some trade or other names: 1-(1-phenylcyclohexyl)- pyrrolidine, PCPy, PHP.);

(XXVI) Thiophene analog of phencyclidine (Some trade or other names: 1-]1-(2-thienyl)-cyclohexyl- piperidine, 2-thienyl analog of phencyclidine, TPCP, TCP.);

(XXVII) TCPy.

(d) Any material, compound, mixture, or preparation containing any quantity of the following substances having a depressant effect on the central nervous system, including any salts, isomers, and salts of isomers of them that are theoretically possible within the specific chemical designation:

(I) Mecloqualone;

(II) Methaqualone.

(e) Any material, compound, mixture, or preparation containing any quantity of the following substances having a stimulant effect on the central nervous system, including their salts, isomers, and salts of isomers:

(I) Repealed.

(II) Fenethylline;

(III) Methcathinone;

(IV) N-ethylamphetamine;

(V) (+) Cis-4-methylaminorex;

(VI) N,N-dimethylamphetamine.

(f) Any material, compound, mixture, or preparation containing any quantity of gamma hydroxybutyrate [GHB], including its salts, isomers, and salts of isomers.

(g) Any material, compound, mixture, or preparation which is a controlled substance analog, the chemical structure of which is substantially similar to the chemical structure of a controlled substance listed in this subsection (2) or that was specifically designed to produce an effect substantially similar to or greater than the effect of a controlled substance listed in this subsection (2), all or part of which is intended for human consumption.

(h) Any material, compound, mixture, or preparation containing any quantity of N-benzylpiperazine (BZP), including its salts, isomers, and salts of isomers.

(3) (a) Notwithstanding subsection (1) or (2) of this section, a controlled substance listed on schedule I pursuant to this section does not include a prescription drug product containing the schedule I controlled substance if the prescription drug product is:

(I) Approved for prescription use by the federal food and drug administration and designated or rescheduled by the federal drug enforcement administration on a schedule other than schedule I, pursuant to 21 U.S.C. sec. 812 and 21 CFR 1308, or is exempt pursuant to 21 CFR 1308;

(II) Dispensed by a pharmacy or prescription drug outlet registered by the state of Colorado, or administered by a practitioner, as defined in section 18-18-102 (29); and

(III) Possessed only by a person authorized to possess a controlled substance pursuant to section 18-18-302.

(b) A prescription drug product containing a schedule I controlled substance that is approved for prescription use by the federal food and drug administration must be controlled in Colorado in the same manner as the product is controlled by the federal drug enforcement administration pursuant to 21 U.S.C. sec. 812 and 21 CFR 1308, or is exempt pursuant to 21 CFR 1308, the provisions set forth in part 1 of article 280 of title 12, and part 3 of this article 18. Nothing in this section exempts a person from any violation of part 4 of this article 18.

(c) The designation or rescheduling of a prescription drug product in Colorado is automatically and immediately effective upon the effective date of the federal drug enforcement administration's designation or rescheduling pursuant to 21 U.S.C. sec. 812 and 21 CFR 1308, or is exempt pursuant to 21 CFR 1308.

(d) (I) This subsection (3) does not apply to, or affect the regulation of or lawful actions or conduct concerning:

(A) Natural medicine or natural medicine product;

(B) The regulation of or lawful actions or conduct pursuant to article 170 of title 12; or

(C) The regulation of or lawful actions or conduct pursuant to article 50 of title 44.

(II) As used in this subsection (3), unless the context otherwise requires:

(A) "Natural medicine" has the meaning set forth in section 18-18-434 (12)(b).

(B) "Natural medicine product" has the meaning set forth in section 18-18-434 (12)(c).

(e) (I) Nothing in this subsection (3) restricts or otherwise affects the regulation of or access to marijuana or marijuana concentrate that is authorized pursuant to sections 14 and 16 of article XVIII of the state constitution.

(II) As used in this subsection (3)(e), unless the context otherwise requires:

(A) "Marijuana" has the meaning set forth in section 18-18-102 (18).

(B) "Marijuana concentrate" has the meaning set forth in section 18-18-102 (19).

Source: L. 92: Entire article R&RE, p. 332, § 1, effective July 1. L. 94: (2)(c)(II.5) added and (2)(e) amended, pp. 1721, 1722, §§ 20, 21, effective July 1. L. 96: (2)(e)(I), (2)(e)(III), and (2)(e)(V) amended, p. 1843, § 8, effective July 1. L. 2001: (2)(f) and (2)(g) added, pp. 858, 860, §§ 3, 9, effective July 1. L. 2005: (2)(c)(IV.5) and (2)(c)(VIII.5) added, p. 1501, § 7, effective July 1, 2006. L. 2009: (2)(h) added, (HB 09-1157), ch. 342, p. 1795, § 1, effective July 1. L. 2012: (2)(e)(I) repealed, (HB 12-1310), ch. 268, p. 1405, § 30, effective June 7. L. 2022: (2)(c)(VII) amended, (HB 22-1344), ch. 461, p. 3273, § 2, effective August 10. L. 2025: (2)(c)(XXI) amended, (HB 25-1063), ch. 46, p. 212, § 2, effective August 6. L. 2026: (3) added, (SB 26-031), ch. 59, p. 246, § 2, effective August 12.

Editor's note: This section is similar to former § 12-22-309 as it existed prior to 1992.

Cross references: For the legislative declaration in HB 22-1344, see section 1 of chapter 461, Session Laws of Colorado 2022. For the legislative declaration in HB 25-1063, see section 1 of chapter 46, Session Laws of Colorado 2025. For the legislative declaration in SB 26-031, see section 1 of chapter 59, Session Laws of Colorado 2026.

ANNOTATION

Annotator's note. Since § 18-18-203 is similar to § 12-22-309 as it existed prior to its repeal in 1992, relevant cases construing that provision have been included in the annotations to this section.

Applied in People v. Donald, 637 P.2d 392 (Colo. 1981); People v. Deschamp, 662 P.2d 171 (Colo. 1983); People v. Holmberg, 992 P.2d 705 (Colo. App. 1999).