2020 Colorado Revised Statutes
Title 18 - Criminal Code
Article 18. Uniform Controlled Substances Act of 2013
Section 18-18-308. Prescriptions.
(1) As used in this section, "medical treatment" includes dispensing or administering a narcotic drug for pain, including intractable pain.
Except as provided in section 18-18-414, a person may dispense a controlled substance only as provided in this section.
(a) Except as provided in paragraph (b) of this subsection (3), a person shall not dispense a substance included in schedule II to an ultimate user of the substance without:
The written prescription of a practitioner; or
An electronic prescription drug order for a schedule II substance that is created andtransmitted in accordance with 21 CFR 1311.
(b) A practitioner, other than a pharmacy, may dispense a schedule II substance directly to the ultimate user without a written prescription.
(4) (a) Except as provided in paragraph (b) of this subsection (4), a person shall not dispense a substance included in schedule III, IV, or V to an ultimate user of the substance without:
A written or oral prescription order of a practitioner; or
An electronic prescription drug order for a schedule III, IV, or V substance that iscreated and transmitted in accordance with 21 CFR 1311.
A practitioner, other than a pharmacy, may dispense a schedule III, IV, or V substance directly to the ultimate user without a written prescription.
A prescription order for a schedule III, IV, or V substance must not be filled orrefilled more than six months after the date of the order or be refilled more than five times.
A practitioner may dispense or deliver a controlled substance to or for an individualor animal only for medical treatment or authorized research in the ordinary course of that practitioner's profession.
No civil or criminal liability or administrative sanction may be imposed on a pharmacist for action taken in reliance on a reasonable belief that an order purporting to be a prescription was issued by a practitioner in the usual course of professional treatment or in authorized research.
Source: L. 92: Entire article R&RE, p. 353, § 1, effective July 1. L. 96: (4) amended, p. 1427, § 17, effective July 1. L. 98: (2) amended, p. 430, § 2, effective July 1. L. 2012: (3) and (4) amended, (SB 12-037), ch. 40, p. 139, § 1, effective March 22.
Editor's note: This section is similar to former § 12-22-122 as it existed prior to 1992. 18-18-309. Diversion prevention and control. (1) As used in this section, "diversion" means the transfer of any controlled substance from a licit to an illicit channel of distribution or use.
The department shall regularly prepare and make available to other state regulatory,licensing, and law enforcement agencies a report on the patterns and trends of actual distribution, diversion, and abuse of controlled substances.
The department shall enter into written agreements with local, state, and federal agencies for the purpose of improving identification of sources of diversion and to improve enforcement of and compliance with this article and other laws and regulations pertaining to unlawful conduct involving controlled substances. An agreement must specify the roles and responsibilities of each agency that has information or authority to identify, prevent, and control drug diversion and drug abuse. The department shall convene periodic meetings to coordinate a state diversion prevention and control program. The department shall arrange for cooperation and exchange of information among agencies and with neighboring states and the federal government.
Repealed.
Source: L. 92: Entire article R&RE, p. 353, § 1, effective July 1. L. 2017: (4) repealed, (SB 17-234), ch. 154, p. 520, § 2, effective August 9.
