12-22-305. Issuance of license - fees.

Statute text

(1) The department or the board as provided in section 12-22-304 (1) or (2) shall issue the appropriate license to each manufacturer, distributor, researcher, and addiction program meeting all the requirements of this part 3 unless it determines that the issuance of the license would be inconsistent with the public interest. In determining the public interest, the department or the board shall consider the following factors:

(a) Maintenance of effective controls against diversion of controlled substances into illegitimate medical, scientific, or industrial channels;

(b) Compliance with applicable state and local laws;

(c) Any conviction of the applicant under any federal or state law relating to a controlled substance;

(d) Past experience in the manufacture or distribution of controlled substances and the existence in the applicant's establishment of effective controls against diversion;

(e) Any false or fraudulent information in an application filed under this part 3;

(f) Suspension or revocation of the applicant's federal registration to manufacture, distribute, or dispense a controlled substance as authorized by federal law; and

(g) Any other factors relevant to and consistent with the public peace, health, and safety.

(1.5) Repealed.

(2) Issuance of a license under subsection (1) of this section does not entitle a licensee to wholesale, manufacture, distribute, or professionally use controlled substances beyond the scope of his federal registration.

(3) (a) The initial and annual license fees are as follows:

(I) Addiction program $ 75.00

(II) Researchers $ 25.00

(b) Notwithstanding the provisions of paragraph (a) of this subsection (3), the fees collected by the board under this article shall be determined, collected, and appropriated pursuant to section 24-34-105, C.R.S.

(4) Any person who is licensed may apply for license renewal not more than sixty days before the expiration date of his license.

(5) Neither the United States nor the state of Colorado or any of its political subdivisions shall pay any license fee required by this part 3.

History

Source: L. 81: Entire part R&RE, p. 712, 1, effective July 1. L. 90: (1.5) added, p. 930, 7, effective July 1. L. 91: (1.5)(c) amended, p. 681, 19, effective April 20. L. 92: (1.5) amended, p. 2080, 3, effective June 1; IP(1) amended, p. 388, 7, effective July 1. L. 95: (1.5)(c) amended, p. 92, 2, effective March 30. L. 96: (1.5) repealed, p. 148, 1, effective April 8. L. 2007: (3)(a)(I) amended, p. 1029, 3, effective July 1.

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.