Colorado § 44-50-104 - Applicability.

§ 44-50-104. Applicability.

(1) All businesses, for the purpose of the cultivation, manufacturing, testing, storage, distribution, transport, transfer, and dispensation of regulated natural medicine or regulated natural medicine product, as defined in this article 50, are subject to the terms and conditions of this article 50 and rules promulgated pursuant to this article 50.

(2) A person applying for licensure pursuant to this article 50 must complete forms as provided by the state licensing authority and must pay the application fee and the licensing fee, which must be credited to the regulated natural medicine division cash fund established pursuant to section 44-50-601. The state licensing authority shall prioritize reviewing applications from applicants in the following order:

(a) Applicants who participated in the pilot program to administer ibogaine pursuant to section 27-60-207;

(b) Applicants who have established residency in Colorado; and

(c) Applicants who demonstrate priority review status as established by the state licensing authority in rule.

(3) This article 50 sets forth the exclusive means that the cultivation, manufacturing, testing, storage, distribution, transport, transfer, and dispensation of regulated natural medicine and regulated natural medicine product may occur in this state.

(4) (a) Nothing in this article 50 is intended to require an employer to permit or accommodate the use, consumption, possession, cultivation, manufacturing, testing, storage, distribution, transport, transfer, and dispensation of or impairment from natural medicine or natural medicine product in the workplace or to affect the ability of employers to have policies restricting the use of or impairment from natural medicine or natural medicine product by employees in the workplace.

(b) Nothing in this article 50 prohibits a person, employer, school, hospital, detention facility, corporation, or any other entity that occupies, owns, or controls a property from prohibiting or otherwise regulating the cultivation, manufacturing, testing, storage, distribution, transport, transfer, and dispensation of natural medicine or natural medicine product on or in that property.

(5) (a) A local jurisdiction may enact ordinances or regulations governing the time, place, and manner of the operation of licenses issued pursuant to this article 50 within its boundaries.

(b) A local jurisdiction may not prohibit the establishment or operation of licenses pursuant to this article 50 within its boundaries.

(c) A local jurisdiction may not prohibit the transportation of natural medicine or natural medicine product within its boundaries on public roads by a person licensed to exercise such privileges pursuant to this article 50.

(d) A local jurisdiction may not adopt ordinances or regulations that are unreasonable or conflict with this article 50.

Source: L. 2023: Entire article added, (SB 23-290), ch. 249, p. 1394, § 21, effective July 1. L. 2026: (2) amended, (HB 26-1325), ch. 372, p. 2261, § 10, effective August 12.

Editor's note: Subsection (4) is similar to former § 12-170-109 (1)(g) as it existed prior to 2023.

Cross references: For the legislative declaration in HB 26-1325, see section 1 of chapter 372, Session Laws of Colorado 2026.

ANNOTATION

Law reviews. For article, "Colorado's Bold Move to Legalize Psychedelics", see 53 Colo. Law. 32 (July-Aug. 2024).

PART 2

STATE LICENSING AUTHORITY