C.R.S. Section 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: Section 18-18-418 — Exemptions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-18.­pdf (accessed Oct. 20, 2023).

18‑18‑101
Short title
18‑18‑102
Definitions
18‑18‑103
Special definition - board
18‑18‑201
Authority to control
18‑18‑202
Nomenclature
18‑18‑203
Schedule I
18‑18‑204
Schedule II
18‑18‑205
Schedule III
18‑18‑206
Schedule IV - repeal
18‑18‑207
Schedule V
18‑18‑301
Rules
18‑18‑302
Registration requirements - definitions
18‑18‑303
Registration
18‑18‑304
Suspension or revocation of registration
18‑18‑305
Order to show cause
18‑18‑306
Records of registrants
18‑18‑307
Order forms
18‑18‑308
Prescriptions
18‑18‑309
Diversion prevention and control
18‑18‑401
Legislative declaration
18‑18‑402
Definitions - terms used
18‑18‑403
Additional definition
18‑18‑403.5
Unlawful possession of a controlled substance - notice to revisor of statutes - repeal
18‑18‑404
Unlawful use of a controlled substance
18‑18‑405
Unlawful distribution, manufacturing, dispensing, or sale
18‑18‑406
Offenses relating to marijuana and marijuana concentrate - definitions
18‑18‑406.1
Unlawful use or possession of synthetic cannabinoids or salvia divinorum
18‑18‑406.2
Unlawful distribution, manufacturing, dispensing, sale, or cultivation of synthetic cannabinoids or salvia divinorum
18‑18‑406.3
Medical use of marijuana by persons diagnosed with debilitating medical conditions - unlawful acts - penalty - medical marijuana program cash fund
18‑18‑406.4
Unlawful advertising of marijuana - exception
18‑18‑406.5
Unlawful use of marijuana in a detention facility
18‑18‑406.6
Extraction of marijuana concentrate - definitions
18‑18‑406.9
Unlawful distribution or purchase of dextromethorphan - penalty - preemption - definitions
18‑18‑407
Special offender - definitions
18‑18‑409
Reduction or suspension of sentence for providing substantial assistance
18‑18‑410
Declaration of class 1 public nuisance
18‑18‑411
Keeping, maintaining, controlling, renting, or making available property for unlawful distribution or manufacture of controlled substances
18‑18‑412
Abusing toxic vapors - prohibited
18‑18‑412.5
Unlawful possession of materials to make methamphetamine and amphetamine - penalty
18‑18‑412.7
Sale or distribution of materials to manufacture controlled substances
18‑18‑412.8
Retail sale of methamphetamine precursor drugs - unlawful acts - penalty
18‑18‑413
Authorized possession of controlled substances
18‑18‑414
Unlawful acts - licenses - penalties
18‑18‑415
Fraud and deceit
18‑18‑416
Controlled substances - inducing consumption by fraudulent means
18‑18‑417
Notice of conviction
18‑18‑418
Exemptions
18‑18‑419
Imitation and counterfeit controlled substances act
18‑18‑420
Imitation controlled substances - definitions
18‑18‑421
Imitation controlled substances - determination - considerations
18‑18‑422
Imitation controlled substances - violations - penalties
18‑18‑423
Counterfeit substances prohibited - penalty
18‑18‑424
Imitation controlled substances - exceptions
18‑18‑425
Drug paraphernalia - legislative declaration
18‑18‑426
Drug paraphernalia - definitions
18‑18‑427
Drug paraphernalia - determination - considerations
18‑18‑428
Possession of drug paraphernalia - penalty
18‑18‑429
Manufacture, sale, or delivery of drug paraphernalia - penalty
18‑18‑430
Advertisement of drug paraphernalia - penalty
18‑18‑430.5
Drug paraphernalia - exemption
18‑18‑431
Defenses
18‑18‑432
Drug offender public service and rehabilitation program - definitions
18‑18‑433
Constitutional provisions
18‑18‑434
Offenses relating to natural medicine and natural medicine product - definitions
18‑18‑501
Administrative inspections and warrants
18‑18‑502
Injunctions
18‑18‑503
Cooperative arrangements and confidentiality
18‑18‑504
Pleadings - presumptions - liabilities
18‑18‑505
Judicial review
18‑18‑506
Education and research
18‑18‑601
Pending proceedings - applicability
18‑18‑602
Continuation of rules - application to existing relationships
18‑18‑603
Statutes of limitations
18‑18‑604
Uniformity of interpretation
18‑18‑605
Severability
18‑18‑606
Drug case data collection
18‑18‑607
Safe stations - disposal of controlled substances - medical evaluation - definition
Green check means up to date. Up to date

Current through Fall 2024

§ 18-18-418’s source at colorado​.gov