(1) The provisions of section 18-18-414, C.R.S., do not apply to:
- (a) Agents of persons licensed under this part 2 or under part 3 of article 18 of title 18, C.R.S., 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.
- (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 exempt from this part 2 and part 3 of article 18 of title 18, C.R.S.
- (3) This part 2 does not apply to peyote if it is used in religious ceremonies of any bona fide religious organization.
(4) Section 27-80-210 does not apply to a practitioner authorized to prescribe any controlled substance that is listed in schedules III, IV, or V of part 2 of article 18 of title 18, C.R.S., and that is manufactured, received, or dispensed by the practitioner in the course of his or her professional practice, unless:
- (a) The practitioner dispenses, other than by direct administration, a schedule III, IV, or V controlled substance to his or her patients, and the practitioner charges the patients either separately or together with charges for other professional services; or
- (b) The practitioner regularly engages in dispensing a schedule III, IV, or V controlled substance to his or her patients.
- (5) The exemptions set forth in this section are available as a defense to any person accused of violating section 18-18-414, C.R.S.
- (6) The state is not required to negate any exemption or exception in this part 2 or in part 3 or 4 of article 18 of title 18, C.R.S., in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this part 2 or under part 4 of article 18 of title 18, C.R.S. The burden of proving an exemption or exception is upon the person claiming the exemption or exception.
Source: L. 2012: Entire part added with relocations, (SB 12-1311), ch. 281, p. 1605, § 5, effective July 1.
Editor's note: This section is similar to former § 12-22-317 as it existed prior to 2012.