Colorado § 18-18-302 - Registration requirements - definitions.

§ 18-18-302. Registration requirements - definitions.

(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.

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.

Editor's note: (1) This section is similar to former § 12-22-304 as it existed prior to 1992.

(2) Amendments to subsection (1) by HB 22-1235 and HB 22-1278 were harmonized.