Colorado § 27-80-203 - Definitions.

§ 27-80-203. Definitions.

As used in this part 2, unless the context otherwise requires:

(1) and (2) Repealed.

(3) "Administer" means to apply a controlled substance, whether by injection, inhalation, ingestion, or any other means, directly to the body of a patient.

(4) "Agent" means an authorized person who acts on behalf of or at the direction of a person licensed or otherwise authorized under this part 2. "Agent" does not include a common or contract carrier, a public warehouseman, or an employee of a carrier or warehouseman.

(5) "Bureau" means the drug enforcement administration, or its successor agency, of the United States department of justice.

(6) (a) "Compound" means to prepare, mix, assemble, package, or label a drug or device:

(I) As the result of a practitioner's prescription drug order, chart order, or initiative, based on the relationship between the practitioner, patient, and pharmacist in the course of professional practice; or

(II) For the purpose of, or as an incident to, teaching or chemical analysis and not for sale or dispensing.

(b) "Compound" also includes the preparation of drugs or devices in anticipation of prescription drug orders based on routine, regularly observed prescribing patterns.

(7) "Controlled substance" shall have the same meaning as in section 18-18-102 (5), C.R.S.

(8) "Deliver" or "delivery" means actual, constructive, or attempted transfer of a controlled substance whether or not there is an agency relationship.

(9) Repealed.

(10) "Device" means an instrument, apparatus, implement, machine, contrivance, implant, or similar or related article that is required under federal law to bear the label, "Caution: federal law requires dispensing by or on the order of a physician." "Device" also includes any component part of, or accessory or attachment to, any such article, whether or not the component part, accessory, or attachment is separately so labeled.

(11) "Dispense" means to interpret, evaluate, and implement a prescription drug or controlled substances order or chart order, including the preparation of a drug or device for a patient or patient's agent in a suitable container appropriately labeled for subsequent administration to or use by a patient.

(12) "Distribute" means to deliver a controlled substance other than by administering or dispensing.

(13) (a) "Drug" means any of the substances:

(I) Recognized as drugs in the official United States pharmacopoeia, national formulary, or the official homeopathic pharmacopoeia of the United States, or a supplement thereof;

(II) Intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in individuals or animals;

(III) Other than food, intended to affect the structure or any function of the body of individuals or animals; or

(IV) Intended for use as a component of any substance specified in subparagraph (I), (II), or (III) of this paragraph (a).

(b) "Drug" does not include devices or their components, parts, or accessories.

(14) to (16) Repealed.

(16.3) "Medically managed treatment" means a program of care designed to promote the medical and psychiatric stability of an individual with a substance use disorder by addressing acute physiological signs and symptoms of substance withdrawal or the ongoing management of addiction-related symptoms and may include the administration or dispensing of any formulation of a controlled substance medication approved under federal law or regulation as part of treatment for a substance use disorder, which may range from short-term intoxication or treatment focusing on stabilizing and reducing immediate physiological symptoms to long-term medication management intended to decrease illicit substance use and support sustained recovery. Services provided as part of medically managed treatment are intended to be integrated with behavioral health interventions that address the underlying factors contributing to the substance use disorder.

(16.5) "Opioid treatment program" means a treatment program licensed pursuant to this part 2 and certified as an opioid treatment program by the federal substance abuse and mental health services administration pursuant to the rules of the federal department of health and human services and the federal drug enforcement administration, to provide medication-assisted treatment for people diagnosed with an opioid-use disorder.

(17) "Peace officer" shall have the same meaning as set forth in section 16-2.5-101, C.R.S.

(18) "Person" means any individual, government, governmental subdivision, agency, business trust, estate, trust, partnership, corporation, association, institution, or other legal entity.

(19) "Peyote" means all parts of the plant presently classified botanically as lophophora williamsii lemaire, whether growing or not, the seeds thereof, any extraction from any part of such plant, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds or extracts.

(20) "Practitioner" means a person authorized by law to prescribe any drug or device, acting within the scope of such authority.

(21) "Prescription drug" means a drug that, prior to being dispensed or delivered, is required to be labeled with the following statement: "Caution: Federal law prohibits dispensing without a prescription.", "Rx only", or "Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian."

(22) and (23) Repealed.

(23.3) "Substance use disorder" means a chronic relapsing brain disease that is diagnosed by a licensed practitioner qualified to diagnose substance use disorders. "Substance use disorder" is characterized by recurrent use of alcohol, drugs, or both, causing clinically significant impairment, including health problems, disability, and failure to meet major responsibilities at work, school, or home.

(23.5) "Substance use disorder treatment program" means a program licensed pursuant to this part 2 for the medically managed treatment of a person with a substance use disorder. "Substance use disorder treatment program" includes an opioid treatment program.

(24) and (25) Repealed.

Source: L. 2012: Entire part added with relocations, (SB 12-1311), ch. 281, p. 1596, § 5, effective July 1. L. 2017: (1) and (2) repealed, (9), (14), and (25) amended, and (23.3) and (23.5) added, (SB 17-242), ch. 266, p. 1360, § 263, effective May 25. L. 2019: (3), (6)(a)(II), and (23.5) amended, (16.5) added, and (23) repealed, (SB 19-219), ch. 277, p. 2613, § 2, effective August 2; (23.3) amended, (HB 19-1172), ch. 136, p. 1714, § 201, effective October 1. L. 2026: (9), (14), (15), (16), (22), (24), and (25) repealed, (16.3) added, and (23.3) and (23.5) amended, (HB 26-1214), ch. 231, p. 1339, § 2, effective August 12.

Editor's note: This section is similar to former § 12-22-303 and § 12-22-102 as they existed prior to 2012.

Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.

ANNOTATION

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

The distinction between marihuana and marihuana concentrate as set forth in subsections (17) and (18) complies with both the equal protection and due process requirements of the Colorado and United States Constitutions. People v. Rickstrew, 712 P.2d 1008 (Colo. 1986).

Marijuana and hashish are separate drugs. The general assembly has utilized language which sufficiently distinguishes "marijuana" and "hashish" as being separate dangerous drugs. People v. Magoon, 645 P.2d 286 (Colo. App. 1982).

The statutory definition of marijuana includes all variants of the species cannabis including cannabis indicia. People v. Wimer, 799 P.2d 436 (Colo. App. 1990).

Any amount of marihuana sufficient to ingest will support a conviction for possession of contraband in a detention facility, where statute fails to specify an amount. People v. Greenwell, 830 P.2d 1116 (Colo. App. 1992).