Current through 11/5/2024 election
Section 18-18-203 - Schedule I(1) A substance shall be added to schedule I by the general assembly when: (a) The substance has high potential for abuse;(b) The substance has no currently accepted medical use in treatment in the United States; and(c) The substance lacks accepted safety for use under medical supervision.(2) Unless specifically excepted by Colorado or federal law or Colorado or federal regulation or more specifically included in another schedule, the following controlled substances are listed in schedule I:(a) Any of the following synthetic opiates, including any isomers, esters, ethers, salts, and salts of isomers, esters, and ethers of them that are theoretically possible within the specific chemical designation:(I) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl ] -N- phenylacetamide);(VII) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl) ethyl-4-piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl)- 4-(N-propanilido) piperidine);(VIII) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl) ethyl-4-piperidinyl]-N-phenylpropanamide);(XI) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4- piperidinyl]-N-phenylpropanamide);(XII) Beta-hydroxy-3-methylfentanyl (other name: N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl-] N-phenylpropanamide);(XIX) Diethylthiambutene;(XXIII) Dimethylthiambutene;(XXIV) Dioxaphetyl butyrate;(XXVI) Ethylmethylthiambutene;(XXXIII) Levophenacylmorphan;(XXXIV) 3-methylfentanyl (N-[3-methyl-1-(2- phenylethyl)-4-piperidyl]-N-phenylpropanamide);(XXXV) 3-methylthiofentanyl (N-[3-methyl-1-(2- thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);(XXXVII) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);(XXXVIII) Noracymethadol;(XLII) Para-fluorofentanyl (N-(4-fluorophenyl)-N- [1-(2-phenethyl) -4-piperidinyl]-propanamide);(XLIII) PEPAP (1-(-2-phenethyl)-4-phenyl- 4-acetoxypiperidine);(LIII) Thiofentanyl (N-phenyl-N-[1-(2- thienyl) ethyl-4-piperidinyl]-propanamide);(b) Any of the following opium derivatives, including their salts, isomers, and salts of isomers of them that are theoretically possible within the specific chemical designation: (II) Acetyldihydrocodeine;(IV) Codeine methylbromide;(X) Etorphine, except hydrochloride salt;(XIV) Methyldihydromorphine;(XV) Morphine methylbromide;(XVI) Morphine methylsulfonate;(c) Any material, compound, mixture, or preparation containing any quantity of the following hallucinogenic substances, including any salts, isomers, and salts of isomers of them that are theoretically possible within the specific chemical designation: (I) 4-bromo-2, 5-dimethoxy-amphetamine (Some trade or other names: 4-bromo-2, 5-dimethoxy-alpha- methylphenethylamine; 4-bromo-2, 5-DMA.);(II) 2,5-dimethoxyamphetamine (Some trade or other names: 2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA.);(II.5) 2,5-Dimethoxy-4-ethylamphetamine (DOET);(III) 4-methoxyamphetamine (Some trade or other names: 4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine, PMA.);(IV) 5-methoxy-3,4-methylenedioxy amphetamine;(IV.5) 5-methoxy-N, N-diisopropyltryptamine (5-MeO-DiPT);(V) 4-methyl-2,5-dimethoxy-amphetamine (Some trade and other names: 4-methyl-2,5-dimethoxy-alpha- methylphenethylamine; DOM; and STP.);(VI) 3,4-methylenedioxy amphetamine;(VII) 3,4-methylenedioxymethamphetamine (MDMA); except that 3,4-methylenedioxymethamphetamine (MDMA) does not include a prescription drug product containing 3,4-methylenedioxymethamphetamine (MDMA) approved by the federal food and drug administration and placed on a schedule of the federal "Controlled Substances Act", 21 U.S.C. sec. 801 et seq., as amended, other than schedule I, or has been exempted from one or more provisions of such act, and that is intended for prescribed use and dispensed by a pharmacy or prescription drug outlet registered by the state of Colorado and only possessed by a person authorized to possess a controlled substance pursuant to section 18-18-302. Any such drug product containing MDMA that is approved by the federal food and drug administration must be controlled in Colorado in the same manner as required by any federal control designation pursuant to the federal "Controlled Substances Act", or any exemption from one or more provisions of that act, and subject to the provisions set forth in part 1 of article 280 of title 12 and part 3 of this article 18. Nothing in this section exempts a person from any violation of part 4 of this article 18.(VIII) 3,4,5-trimethoxy amphetamine;(VIII.5) Alpha-methyltryptamine (AMT);(IX) Bufotenine (Some trade and other names: 3-(beta-Dimethylaminoethyl)-5-hydroxyindole; 3-(2- dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine.);(X) Diethyltryptamine (Some trade or other names: N,N-Diethyltryptamine; DET.);(XI) Dimethyltryptamine (Some trade or other names: DMT.);(XII) Ibogaine (Some trade and other names: (7-Ethyl-6,6B,7,8,9,10,12,13-octahydro-2- methoxy-6,9-methano-5H-pyrido [1', 2':1,2] azepine [5,4- b] indole; Tabernanthe iboga.);(XIII) Lysergic acid diethylamide;(XV) Parahexyl (Some trade or other names: 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9- trimethyl-6H-dibenzo[b,d]pyran; Synhexyl.);(XVI) Peyote (Meaning all parts of the plant classified botanically as Lophophora williamsii Lemaire, whether growing or not, its seeds, any extract from any part of the plant, and every compound, salt, derivative, mixture, or preparation of the plant, or its seeds or extracts);(XVIII) N-ethyl-3-piperidyl benzilate;(XX) N-methyl-3-piperidyl benzilate;(XXIII) Tetrahydrocannabinols;(XXIV) Ethylamine analog of phencyclidine (Some trade or other names: N-ethyl-1- phenylcyclohexylamine, (1-phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexl) ethylamine, cyclohexamine, PCE.);(XXV) Pyrrolidine analog of phencyclidine (Some trade or other names: 1-(1-phenylcyclohexyl)- pyrrolidine, PCPy, PHP.);(XXVI) Thiophene analog of phencyclidine (Some trade or other names: 1-]1-(2-thienyl)-cyclohexyl- piperidine, 2-thienyl analog of phencyclidine, TPCP, TCP.);(d) Any material, compound, mixture, or preparation containing any quantity of the following substances having a depressant effect on the central nervous system, including any salts, isomers, and salts of isomers of them that are theoretically possible within the specific chemical designation:(e) Any material, compound, mixture, or preparation containing any quantity of the following substances having a stimulant effect on the central nervous system, including their salts, isomers, and salts of isomers: (V) (+) Cis-4-methylaminorex;(VI) N,N-dimethylamphetamine.(f) Any material, compound, mixture, or preparation containing any quantity of gamma hydroxybutyrate [GHB], including its salts, isomers, and salts of isomers.(g) Any material, compound, mixture, or preparation which is a controlled substance analog, the chemical structure of which is substantially similar to the chemical structure of a controlled substance listed in this subsection (2) or that was specifically designed to produce an effect substantially similar to or greater than the effect of a controlled substance listed in this subsection (2), all or part of which is intended for human consumption.(h) Any material, compound, mixture, or preparation containing any quantity of N-benzylpiperazine (BZP), including its salts, isomers, and salts of isomers.Amended by 2022 Ch. 461, § 2, eff. 8/10/2022.L. 92: Entire article R&RE, p. 332, § 1, effective July 1. L. 94: (2)(c)(II.5) added and (2)(e) amended, pp. 1721, 1722, §§ 20, 21, effective July 1. L. 96: (2)(e)(I), (2)(e)(III), and (2)(e)(V) amended, p. 1843, § 8, effective July 1. L. 2001: (2)(f) and (2)(g) added, pp. 858, 860, §§ 3, 9, effective July 1. L. 2005: (2)(c)(IV.5) and (2)(c)(VIII.5) added, p. 1501, § 7, effective 7/1/2006. L. 2009: (2)(h) added, (HB 09 -1157), ch. 342, p. 1795, § 1, effective July 1. L. 2012: (2)(e)(I) repealed, (HB 12-1310), ch. 268, p. 1405, § 30, effective June 7.This section is similar to former § 12-22-309 as it existed prior to 1992.
2022 Ch. 461, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the legislative declaration in HB 22-1344, see section 1 of chapter 461, Session Laws of Colorado 2022.