HB 1214

NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
     HOUSE BILL 26-1214
     BY REPRESENTATIVE(S) English and Jackson, Bacon, Brown, Clifford,
     Lindsay, Nguyen;
     also SENATOR(S) Amabile, Kolker, Coleman.
     CONCERNING THE CONTINUATION OF THE COLORADO LICENSING OF
          CONTROLLED SUBSTANCES ACT, AND, IN CONNECTION THEREWITH,
          IMPLEMENTING THE RECOMMENDATIONS CONTAINED IN THE 2025
          SUNSET REPORT BY THE DEPARTMENT OF REGULATORY AGENCIES.
     Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1. In Colorado Revised Statutes, 24-34-104, repeal
     (27)(a)(XI); and add (39) as follows:
            24-34-104. General assembly review of regulatory agencies and
     functions for repeal, continuation, or reestablishment - legislative
     declaration - repeal.
            (27) (a) The following agencies, functions, or both, are scheduled
     for repeal on September 1, 2026:
             (XI) The record-keeping, licensing, and central registry functions of
     ________
     Capital letters or bold & italic numbers indicate new material added to existing law; dashes
     through words or numbers indicate deletions from existing law and such material is not part of
     the act.
the behavioral health administration in the department of human services
relating to substance use disorder treatment programs under which
controlled substances are compounded, administered, or dispensed in
accordance with part 2 of article 80 of title 27;
     (39) (a) THE FOLLOWING AGENCIES, FUNCTIONS, OR BOTH, ARE
SCHEDULED FOR REPEAL ON SEPTEMBER 1, 2041:
        (I) THE RECORD-KEEPING, LICENSING, AND CENTRAL REGISTRY
FUNCTIONS OF THE BEHAVIORAL HEALTH ADMINISTRATION IN THE
DEPARTMENT OF HUMAN SERVICES RELATING TO SUBSTANCE USE DISORDER
TREATMENT PROGRAMS UNDER WHICH CONTROLLED SUBSTANCES ARE
COMPOUNDED, ADMINISTERED, OR DISPENSED IN ACCORDANCE WITH PART
2 OF ARTICLE 80 OF TITLE 27;
        (b) THIS SUBSECTION (42) IS REPEALED, EFFECTIVE SEPTEMBER 1,
2043.
       SECTION 2. In Colorado Revised Statutes, 27-80-203, amend
(23.3) and (23.5); repeal (9), (14), (15), (16), (22), (24), and (25); and add
(16.3) as follows:
        27-80-203. Definitions.
        As used in this part 2, unless the context otherwise requires:
       (9) "Detoxification treatment" means a program for a short term of
not more than three weeks for the administering or dispensing, in
decreasing doses, of a controlled substance to a person with a substance use
disorder while he or she is receiving appropriate supportive medical
treatment, with the immediate goal being to render the person no longer
dependent on the intake of any amount of a controlled substance.
       (14) "Maintenance treatment" means a program of more than six
months' duration for the administering or dispensing of a controlled
substance, approved for such use by federal law or regulation, to a person
with a substance use disorder for the purpose of continuing his or her
dependence upon a controlled substance in the course of conducting an
authorized rehabilitation program for persons with substance use disorders,
with a long-term goal of decreasing the person's controlled substance
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dependency and leading to his or her possible withdrawal.
        (15) "Marijuana" means all parts of the plant cannabis sativa L.,
whether growing or not, the seeds thereof, the resin extracted from any part
of the plant, and every compound, manufacture, salt, derivative, mixture, or
preparation of the plant, its seeds, or its resin. It does not include fiber
produced from the stalks, oil or cake made from the seeds of the plant, or
sterilized seed of the plant that is incapable of germination, if these items
exist apart from any other item defined as "marijuana" in this subsection
(15). "Marijuana" does not include marijuana concentrate as defined in
subsection (16) of this section.
        (16) "Marijuana concentrate" means hashish, tetrahydrocannabinols,
or any alkaloid, salt, derivative, preparation, compound, or mixture, whether
natural or synthesized, of tetrahydrocannabinols.
       (16.3) "MEDICALLY MANAGED TREATMENT" MEANS A PROGRAM OF
CARE DESIGNED TO PROMOTE THE MEDICAL AND PSYCHIATRIC STABILITY OF
AN INDIVIDUAL WITH A SUBSTANCE USE DISORDER BY ADDRESSING ACUTE
PHYSIOLOGICAL SIGNS AND SYMPTOMS OF SUBSTANCE WITHDRAWAL OR THE
ONGOING MANAGEMENT OF ADDICTION-RELATED SYMPTOMS AND MAY
INCLUDE THE ADMINISTRATION OR DISPENSING OF ANY FORMULATION OF A
CONTROLLED SUBSTANCE MEDICATION APPROVED UNDER FEDERAL LAW OR
REGULATION AS PART OF TREATMENT FOR A SUBSTANCE USE DISORDER,
WHICH MAY RANGE FROM SHORT-TERM INTOXICATION OR TREATMENT
FOCUSING ON STABILIZING AND REDUCING IMMEDIATE PHYSIOLOGICAL
SYMPTOMS TO LONG-TERM MEDICATION MANAGEMENT INTENDED TO
DECREASE ILLICIT SUBSTANCE USE AND SUPPORT SUSTAINED RECOVERY.
SERVICES PROVIDED AS PART OF MEDICALLY MANAGED TREATMENT ARE
INTENDED TO BE INTEGRATED WITH BEHAVIORAL HEALTH INTERVENTIONS
THAT ADDRESS THE UNDERLYING FACTORS CONTRIBUTING TO THE
SUBSTANCE USE DISORDER.
       (22) "Production" or "produces" means the manufacturing, planting,
cultivating, growing, or harvesting of a controlled substance.
       (23.3) "Substance use disorder" means a physical or psychological
dependence on a controlled substance that develops following the use of the
controlled substance on a periodic or continuing basis and is demonstrated
by appropriate observation and tests by a person licensed to practice
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medicine pursuant to article 240 of title 12 CHRONIC RELAPSING BRAIN
DISEASE THAT IS DIAGNOSED BY A LICENSED PRACTITIONER QUALIFIED TO
DIAGNOSE SUBSTANCE USE DISORDERS. "SUBSTANCE USE DISORDER" IS
CHARACTERIZED BY RECURRENT USE OF ALCOHOL, DRUGS, OR BOTH,
CAUSING CLINICALLY SIGNIFICANT IMPAIRMENT, INCLUDING HEALTH
PROBLEMS, DISABILITY, AND FAILURE TO MEET MAJOR RESPONSIBILITIES AT
WORK, SCHOOL, OR HOME.
       (23.5) "Substance use disorder treatment program" means a program
licensed pursuant to this part 2 for the detoxification, withdrawal, or
maintenance treatment MEDICALLY MANAGED TREATMENT of a person with
a substance use disorder. "Substance use disorder treatment program"
includes an opioid treatment program.
       (24) (a) "Tetrahydrocannabinols" means synthetic equivalents of the
substances contained in the plant, or in the resinous extractives of, cannabis,
sp., or synthetic substances, derivatives, and their isomers with similar
chemical structure and pharmacological activity, such as the following:
       (I) 1cis or trans tetrahydrocannabinol, and their optical isomers;
       (II) 6cis or trans tetrahydrocannabinol, and their optical isomers;
       (III) 3,4cis or trans tetrahydrocannabinol, and their optical isomers.
        (b) Since the nomenclature of the substances listed in paragraph (a)
of this subsection (24) is not internationally standardized, compounds of
these structures, regardless of the numerical designation of atomic positions,
are included in this definition.
       (25) "Withdrawal treatment" means a program for an intermediate
term, of more than three weeks but less than six months, for the
administering or dispensing, in decreasing doses, of a controlled substance,
approved for such use by federal law or regulation, to a person with a
substance use disorder while receiving rehabilitative measures as indicated,
with the immediate goal being to render the person with the substance use
disorder no longer dependent on the intake of any amount of a controlled
substance.
       SECTION 3. In Colorado Revised Statutes, 27-80-204, amend
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(1)(b)(I) as follows:
       27-80-204. License required - controlled substances - repeal.
      (1) (b) (I) This subsection (1) is repealed, effective September 1,
2026 SEPTEMBER 1, 2041.
        SECTION 4. In Colorado Revised Statutes, 27-80-213, amend (2)
as follows:
       27-80-213. Rules - policies.
        (2) The BHA shall promulgate ADOPT rules, in accordance with
article 4 of title 24, for the conduct of detoxification treatment, maintenance
treatment, and withdrawal treatment programs for substance use disorders
related to controlled substances MEDICALLY MANAGED TREATMENT.
        SECTION 5. In Colorado Revised Statutes, 27-80-215, amend
(1)(a) and (3)(a) as follows:
      27-80-215. Central registry - registration required - notice -
repeal.
       (1) (a) On or before July 1, 2020, the BHA shall develop or procure
a secure online central registry, referred to in this section as the "registry",
to register patients treated in a substance use disorder OPIOID treatment
program.
     (3) (a) This section is repealed, effective September 1, 2026
SEPTEMBER 1, 2041.
      SECTION 6. In Colorado Revised Statutes, amend 27-80-216 as
follows:
       27-80-216. Policy verifying identity.
      The BHA shall establish a policy on how a substance use disorder AN
OPIOID treatment program must verify the identity of individuals initiating
into detoxification, withdrawal, or maintenance treatment MEDICALLY
MANAGED TREATMENT for a substance use disorder. The BHA policy must
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include verification requirements for individuals without identification and
individuals experiencing homelessness.
       SECTION 7. In Colorado Revised Statutes, 12-280-119, amend
(14) as follows:
       12-280-119. Registration of facilities - rules.
       (14) The board shall not issue a registration under this section to a
manufacturer or distributor of marijuana or marijuana concentrate, as those
terms are defined in section 27-80-203 (15) and (16), respectively SECTION
18-18-102.
       SECTION 8. In Colorado Revised Statutes, 18-8-204, amend (2)
introductory portion and (2)(q) as follows:
       18-8-204.    Introducing contraband in the second degree -
definition.
       (2) As used in this section, "contraband" means any of the
following, but does not include any AN article or thing referred to in section
18-8-203:
        (q) Marijuana or marijuana concentrate, as those terms are defined
in section 27-80-203 (15) and (16) SECTION 18-18-102, EXCEPT THAT, FOR
THE PURPOSES OF THIS SECTION PRESCRIPTION DRUG PRODUCTS APPROVED
BY THE FEDERAL FOOD AND DRUG ADMINISTRATION AND DISPENSED BY A
PHARMACY OR PRESCRIPTION DRUG OUTLET REGISTERED BY THE STATE OF
COLORADO ARE "MARIJUANA".
        SECTION 9. In Colorado Revised Statutes, 35-61-101, amend (5)
as follows:
       35-61-101. Definitions.
       As used in this article 61, unless the context otherwise requires:
      (5) "Delta-9 tetrahydrocannabinols" or "delta-9 THC" has the same
meaning as "tetrahydrocannabinols" as set forth in section 27-80-203 (24)
SECTION 18-18-102. Delta-9 THC is the primary psychoactive component
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of cannabis. For purposes of AS USED IN this article 61, the terms "delta-9
THC" and "THC" are interchangeable.
       SECTION 10. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
such period, then the act, item, section, or part will not take effect unless
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approved by the people at the general election to be held in November 2026
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
____________________________  ____________________________
Julie McCluskie  James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
____________________________  ____________________________
Vanessa Reilly  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
       APPROVED________________________________________
                          (Date and Time)
                    _________________________________________
                   Jared S. Polis
                   GOVERNOR OF THE STATE OF COLORADO
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