12-22-304. License required - controlled substances - repeal.

Statute text

(1) In accordance with part 3 of article 18 of title 18, C.R.S., a license issued by the department shall be obtained annually for each place of business or professional practice located in this state by:

(a) Repealed.

(b) (I) Every addiction program which compounds, administers, or dispenses a controlled substance.

(II) (A) This paragraph (b) is repealed, effective July 1, 2014.

(B) Prior to such repeal, the licensing functions of the department shall be reviewed as provided in section 24-34-104, C.R.S. The review shall also consider whether the licensing pursuant to this paragraph (b) should be combined with the licensing of any other drug and alcohol addiction treatment programs by the department.

(2) In accordance with part 3 of article 18 of title 18, C.R.S., a license issued by the board shall be obtained annually or biannually, if applicable, for:

(a) Every manufacturer in this state who manufactures or distributes a controlled substance;

(b) Every distributor who distributes a controlled substance in this state or who is doing business in this state.

(2.5) Repealed.

(3) (a) A license issued by the board shall be obtained annually by a humane society as provided in this subsection (3). The board shall, as provided in section 24-34-105, C.R.S., collect a fee and issue a license to a humane society as provided in this subsection (3).

(b) A humane society that is duly registered with the secretary of state and has been in existence and in business for at least five years in this state as a nonprofit corporation, or an animal control agency that is operated by a unit of government, may apply to the board for a license for the purposes of being authorized to purchase, possess, and administer sodium pentobarbital, or sodium pentobarbital in combination with other prescription drugs that are medically recognized for euthanasia, to euthanize injured, sick, homeless, or unwanted pets and animals and to purchase, possess, and administer drugs commonly used for the chemical capture of animals for control purposes or to sedate or immobilize pet animals immediately prior to euthanasia. Any society or agency so licensed shall not permit a person to administer scheduled controlled substances, sodium pentobarbital, or sodium pentobarbital in combination with other noncontrolled prescription drugs that are medically recognized for euthanasia unless such person has demonstrated adequate knowledge of the potential hazards and proper techniques to be used in administering such drug or combination of drugs. The board may issue a limited license to carry out the provisions of this subsection (3). The board shall issue such rules as it deems necessary to ensure strict compliance with the provisions of this subsection (3) and shall, in conjunction with the state board of veterinary medicine, develop criteria for training individuals in the administration of such drug or combination of drugs. The board may suspend or revoke the license upon determination that the person administering such drug or combination of drugs has not demonstrated adequate knowledge required by this subsection (3). Nothing in this subsection (3) shall be construed to apply to a licensed veterinarian.

(4) Persons licensed as required under this part 3, or otherwise licensed as required by federal law, may possess, manufacture, distribute, dispense, administer, or conduct or do research with controlled substances only to the extent authorized by their licenses and in conformity with the provisions of this part 3 and with article 18 of title 18, C.R.S.

(5) The following persons need not be licensed by the department or by the board to lawfully possess controlled substances under this part 3:

(a) to (d) (Deleted by amendment, L. 92, p. 387, 6, effective July 1, 1992.)

(e) Repealed.

(5.5) and (5.6) Repealed.

(6) Any person who is required to be licensed and who is not so licensed may apply for a license at any time. No person required to be licensed shall engage in any activity for which a license is required until his application is granted and a license is issued to him by the department or the board.

(7) No license shall be issued under this part 3 to a researcher, manufacturer, or distributor of marihuana or marihuana concentrate.

History

Source: L. 81: Entire part R&RE, p. 711, 1, effective July 1. L. 82: (7) added, p. 252, 3, effective May 3. L. 88: IP(5) amended and (5)(e) added, p. 1001, 6, effective July 1. L. 90: (2.5), (5.5), and (5.6) added, p. 929, 6, effective July 1. L. 91: (5)(e)(II) amended, p. 929, 2, effective April 1; (2.5)(d), (5.5)(b), and (5.6)(b) amended, p. 681, 18, effective April 20. L. 92: (2.5), (5.5), and (5.6) amended, p. 2078, 2, effective June 1; (1), (2), (3) to (5), and (7) amended, p. 387, 6, effective July 1; (5)(e) amended, p. 1148, 1, effective July 1. L. 95: (2.5)(d), (5.5)(b), and (5.6)(b) amended, p. 92, 1, effective March 30; (7) amended, p. 206, 20, effective April 13. L. 96: (2.5), (5.5), and (5.6) repealed, p. 148, 1, effective April 8. L. 98: (5)(e) amended, p. 541, 1, effective July 1. L. 2002: (1) amended, p. 663, 2, effective May 28. L. 2003: (5)(e)(I) amended, p. 700, 6, effective July 1. L. 2004: (3)(b) amended, p. 798, 1, effective July 1. L. 2007: (1)(b)(II) amended, p. 1028, 1, effective July 1.

Annotations

Editor's note: (1) This section was contained in a part that was repealed and reenacted in 1981. Provisions of this section, as it existed in 1981, are similar to those contained in 12-22-303 as said section existed in 1980, the year prior to the repeal and reenactment of this part 3.

(2) Amendments to subsection (5) and (5)(e) by House Bill 92-1015 and Senate Bill 92-84 were harmonized.

(3) Subsection (1)(a)(II) provided for the repeal of subsection (1)(a), effective July 1, 2002. (See L. 2002, p. 663.)

Annotations

 

ANNOTATION

Annotations

Am. Jur.2d. See 25 Am. Jur.2d, Drugs and Controlled Substances, 62-70.

C.J.S. See 28 C.J.S., Drugs & Narcotics, 128.