Colorado § 18-18-418 - Exemptions.

§ 18-18-418. Exemptions.

(1) The provisions of section 18-18-414 do not apply to:

(a) Agents of persons licensed under part 2 of article 80 of title 27, C.R.S., or under part 3 of this article, 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; or

(c) A student who is in possession of an immediate precursor who is enrolled in a chemistry class for credit at an institution of higher education, or a work study student, a teaching assistant, a graduate assistant, or a laboratory assistant, if such student's or assistant's use of the immediate precursor is for a bona fide educational purpose or research purpose and if the chemistry department of the institution of higher education otherwise possesses all the necessary licenses required by the BHA.

(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 exempted from the provisions of part 1 of article 280 of title 12, part 2 of article 80 of title 27, and part 3 of this article 18.

(3) The provisions of this part 4 do not apply to peyote if said controlled substance is used in religious ceremonies of any bona fide religious organization.

(4) The provisions of sections 12-280-134 and 27-80-210 shall not apply to a practitioner authorized to prescribe with respect to any controlled substance that is listed in schedule III, IV, or V of part 2 of this article 18 and that is manufactured, received, or dispensed by the practitioner in the course of his or her professional practice unless he or she dispenses, other than by direct administration, any such controlled substance to patients and they are charged therefor either separately or together with charges for other professional services or unless the practitioner regularly engages in dispensing any such controlled substance to his or her patients.

(5) The exemptions set forth in this section shall be available as a defense to any person accused of violating the provisions of section 18-18-414.

(6) It shall not be necessary for the state to negate any exemption or exception in this part 4, part 1 of article 280 of title 12, part 2 of article 80 of title 27, or part 3 of this article 18 in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this part 4. The burden of proof of any such exemption or exception is upon the person claiming it.

Source: L. 92: Entire article R&RE, p. 372, § 1, effective July 1. L. 2012: (1)(a), (2), (4), and (6) amended, (HB 12-1311), ch. 281, p. 1624, § 59, effective July 1. L. 2019: (2), (4), and (6) amended, (HB 19-1172), ch. 136, p. 1681, § 110, effective October 1. L. 2022: IP(1) and (1)(c) amended, (HB 22-1278), ch. 222, p. 1503, § 39, effective July 1.

Editor's note: This section is similar to former § 12-22-317 as it existed prior to 1992.