Colorado Senate Bill SB290 Introduced / Bill

                    First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
 
 
LLS NO. 23-0271.07 Jacob Baus x2173
SENATE BILL 23-290
Senate Committees House Committees
Finance
A BILL FOR AN ACT
C
ONCERNING NATURAL MEDICINE .101
Bill Summary
(Note:  This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill amends the regulatory framework for natural medicine and
natural medicine product.
The bill requires the director of the division of professions and
occupations to:
! Regulate facilitators and the practice of regulation,
including issuing licenses for facilitators;
! Promulgate rules necessary for the regulation of facilitators
and the practice of facilitation; and
SENATE SPONSORSHIP
Fenberg,
HOUSE SPONSORSHIP
(None),
Shading denotes HOUSE amendment.  Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. ! Perform duties necessary for the implementation and
administration of the "Natural Medicine Health Act of
2022", including investigatory and disciplinary authority.
The bill creates the natural medicine advisory board (board). The
board's duties include examining issues related to natural medicine and
natural medicine product, and making recommendations to the director
of the division of professions and occupations and the executive director
of the state licensing authority.
The bill creates within the department of revenue the division of
natural medicine for the purpose of regulating and licensing the
cultivation, manufacturing, testing, storage, distribution, transport,
transfer, and dispensation of natural medicine or natural medicine product
between natural medicine licensees. The bill requires the division of
natural medicine to:
! Regulate natural medicine, natural medicine product, and
natural medicine businesses, including healing centers,
cultivators, manufacturers, and testers, and issue licenses
for such businesses;
! Promulgate rules necessary for the regulation of natural
medicine, natural medicine product, and natural medicine
businesses; and
! Perform duties necessary for the regulation of natural
medicine, natural medicine product, and natural medicine
businesses, including investigatory and disciplinary
authority.
The bill requires the department of revenue to coordinate with the
department of public health and environment concerning testing standards
of regulated natural medicine and natural medicine product.
The bill requires a sunset review for the articles governing the
department of regulatory affairs and the department of revenue in the
regulation of natural medicine, natural medicine product, facilitators, and
natural medicine businesses.
The bill states that:
! A person who is under 21 years of age who knowingly
possesses or consumes natural medicine or natural
medicine product commits a drug petty offense and is
subject to a fine of not more than $100 or not more than 4
hours of substance use education or counseling; except that
a second or subsequent offense is subject to a fine of not
more than $100, not more than 4 hours of substance use
education or counseling, and not more than 24 hours of
useful public service;
! A person who openly and publicly consumes natural
medicine or natural medicine product commits a drug petty
offense and is subject to a fine of not more than $100 and
SB23-290
-2- not more than 24 hours of useful public service;
! A person who cultivates natural medicine shall do so on the
person's private property, subject to area and physical
security requirements. A person who violates this provision
commits a drug petty offense and is subject to a fine of not
more than $1,000.
! A person who is not licensed to manufacture natural
medicine product and who knowingly manufactures natural
medicine product using an inherently hazardous substance
commits a level 2 drug felony;
! Unless expressly limited, a person who for the purpose of
personal use and without remuneration, possesses,
consumes, shares, cultivates, or manufactures natural
medicine or natural medicine product, does not violate state
or local law, except that nothing permits a person to
distribute natural medicine or natural medicine product to
a person for certain unlawful purposes;
! A peace officer is prohibited from arresting, and a district
attorney is prohibited from charging or prosecuting, a
person for a criminal offense under part 4 of article 18 of
title 18 involving natural medicine or natural medicine
product, unless expressly provided by the bill;
! A lawful action related to natural medicine or natural
medicine product must not be the sole reason to subject a
person to a civil penalty, deny a right or privilege, or seize
assets;
! A lawful action related to natural medicine or natural
medicine product must not be used as the sole factor in a
probable cause or reasonable suspicion determination of
any criminal offense; except that an action may be used in
such determination if the original stop or search was lawful
and other factors are present to support a probable cause or
reasonable suspicion determination of any criminal offense;
! The fact that a person is entitled to consume natural
medicine or natural medicine product does not constitute a
defense against any charge for violation of an offense
related to operation of a vehicle, aircraft, boat, machinery,
or other device;
! A local jurisdiction is prohibited from adopting, enacting,
or enforcing a conflicting law;
! A person or entity who occupies, owns, or controls a
property may prohibit or otherwise regulate the cultivation
or manufacture of natural medicine or natural medicine
product on or in that property.
The bill states that an act involving natural medicine or natural
SB23-290
-3- medicine product that is performed by a person:
! Does not solely constitute child abuse or neglect, or
grounds for restricting or prohibiting family time;
! Does not solely constitute grounds for denying health
insurance coverage;
! Does not solely constitute grounds for discrimination for
organ donation; and
! Must not be considered for public assistance benefits
eligibility, unless required by federal law.
The bill makes a person eligible to file a motion to have conviction
records related to natural medicine or natural medicine product sealed
immediately after the later date of final disposition or release from
supervision.
Under federal law, certain expenses are disallowed under section
280E of the internal revenue code. Under state law, the state income tax
code permits taxpayers who are licensed under the "Colorado Marijuana
Code" to subtract expenses that are disallowed by section 280E of the
internal revenue code. The bill expands this permission to taxpayers who
are licensed under the "Colorado Natural Medicine Code".
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 12-170-102, amend2
(1)(b); and add (2) as follows:3
12-170-102.  Legislative declaration. (1)  The voters of the state4
of Colorado find and declare that:5
(b)  Coloradans are experiencing problematic mental health issues,6
including but not limited to suicidality, addiction, 
END-OF-LIFE DISTRESS,7
depression, and anxiety.8
(2)  T
HE GENERAL ASSEMBLY FINDS AND DECLARES THAT :9
(a)  C
ONSIDERABLE HARM MAY OCCUR TO INDIGENOUS PEOPLE,10
COMMUNITIES, CULTURES, AND RELIGIONS IF NATURAL MEDICINE IS11
OVERLY COMMODIFIED, COMMERCIALIZED, AND EXPLOITED IN A MANNER12
THAT RESULTS IN THE ERASURE OF IMPORTANT CULTURAL AND RELIGIOUS13
CONTEXT;14
SB23-290-4- (b)  CONSIDERABLE HARM MAY OCCUR TO INDIGENOUS PEOPLE,1
COMMUNITIES, CULTURES, AND RELIGIONS IF FACILITATORS, HEALING2
CENTERS, AND OTHER NATURAL MEDICINE LICENSEES WITH MINIMAL OR3
NO CONNECTION TO TRADITIONAL USE OF NATURAL MEDICINE4
MISAPPROPRIATE OR EXPLOIT INDIGENOUS CULTURES AND RELIGIONS ;5
(c)  I
T IS THE GENERAL ASSEMBLY 'S INTENT TO ENSURE THAT6
I
NDIGENOUS PEOPLE, COMMUNITIES, CULTURES, AND RELIGIONS ARE7
HONORED AND RESPECTED AS THE STATE LEGALIZES AND REGULATES8
NATURAL MEDICINE. BY ENACTING LAWS, RULES, AND ORDERS TO9
IMPLEMENT THIS ARTICLE 170 AND ARTICLE 50 OF TITLE 44, THE GENERAL10
ASSEMBLY, DIVISION, AND STATE LICENSING AUTHORITY SHALL CONSIDER11
THE POTENTIAL FOR DIRECT AND INDIRECT HARM THAT MAY OCCUR TO12
I
NDIGENOUS PEOPLE, COMMUNITIES, CULTURES, AND RELIGIONS THAT13
HAVE A CONNECTION TO NATURAL MEDICINE ; AND14
(d)  A
LTHOUGH THERE MAY BE TREMENDOUS POTENTIAL IN15
UTILIZING NATURAL MEDICINE FOR MANAGING VARIOUS MENTAL HEALTH16
CONDITIONS, HEALING, AND SPIRITUAL GROWTH, THIS POTENTIAL MUST BE17
APPROPRIATELY BALANCED WITH THE HEALTH AND SAFETY RISKS THAT IT18
COULD POSE TO CONSUMERS AS WELL AS THE CULTURAL HARMS IT COULD19
POSE TO INDIGENOUS AND TRADITIONAL COMMUNITIES THAT HAVE20
CONNECTIONS TO NATURAL MEDICINE .21
SECTION 2. In Colorado Revised Statutes, repeal and reenact,22
with amendments, 12-170-103 as follows:23
12-170-103.  Applicability of common provisions. A
RTICLES 124
AND 20 OF THIS TITLE 12 APPLY, ACCORDING TO THEIR TERMS, TO THIS25
ARTICLE 170.26
SECTION 3. In Colorado Revised Statutes, repeal and reenact,27
SB23-290
-5- with amendments, 12-170-104 as follows:1
12-170-104.  Definitions. A
S USED IN THIS ARTICLE 170, UNLESS2
THE CONTEXT OTHERWISE REQUIRES :3
(1)  "A
DMINISTRATION SESSION" MEANS A SESSION CONDUCTED AT4
A HEALING CENTER, OR ANOTHER LOCATION AS ALLOWED BY THIS ARTICLE5
170
 AND ARTICLE 50 OF TITLE 44, DURING WHICH A PARTICIPANT6
CONSUMES AND EXPERIENCES THE EFFECTS OF REGULATED NATURAL7
MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT UNDER THE8
SUPERVISION OF A FACILITATOR.9
(2)  "B
OARD" MEANS THE STATE NATURAL MEDICINE ADVISORY10
BOARD CREATED IN SECTION 12-170-106.11
(3)  "D
IRECTOR" MEANS THE DIRECTOR OF THE DIVISION OR THE12
DIRECTOR'S DESIGNEE.13
(4)  "D
IVISION" MEANS THE DIVISION OF PROFESSIONS AND14
OCCUPATIONS CREATED IN THE DEPARTMENT PURSUANT TO SECTION15
12-20-103.16
(5)  "F
ACILITATION" MEANS THE PERFORMANCE AND SUPERVISION17
OF NATURAL MEDICINE SERVICES FOR A PARTICIPANT .18
(6)  "F
ACILITATOR" MEANS AN INDIVIDUAL WHO IS TWENTY -ONE19
YEARS OF AGE OR OLDER ; HAS THE NECESSARY QUALIFICATIONS ,20
TRAINING, EXPERIENCE, AND KNOWLEDGE , AS REQUIRED PURSUANT TO21
THIS ARTICLE 170 OR RULES PROMULGATED PURSUANT TO THIS ARTICLE22
170,
 TO PERFORM AND SUPERVISE NATURAL MEDICINE SERVICES FOR A23
PARTICIPANT; AND IS LICENSED BY THE DIRECTOR TO ENGAGE IN THE24
PRACTICE OF FACILITATION.25
(7)  "H
EALING CENTER" MEANS AN ENTITY LICENSED BY THE STATE26
LICENSING AUTHORITY PURSUANT TO ARTICLE 50 OF TITLE 44 THAT27
SB23-290
-6- PERMITS A FACILITATOR TO PROVIDE AND SUPERVISE NATURAL MEDICINE1
SERVICES FOR A PARTICIPANT.2
(8)  "H
EALTH-CARE FACILITY" MEANS AN ENTITY THAT IS3
LICENSED, CERTIFIED, OR OTHERWISE PERMITTED BY LAW TO ADMINISTER4
MEDICAL TREATMENT IN THIS STATE , INCLUDING A HOSPITAL, CLINIC,5
HOSPICE ENTITY, COMMUNITY MENTAL HEALTH CENTER , FEDERALLY6
QUALIFIED HEALTH CENTER , RURAL HEALTH CLINIC , ORGANIZATION7
PROVIDING A PROGRAM OF ALL -INCLUSIVE CARE FOR THE ELDERLY ,8
LONG-TERM CARE FACILITY, CONTINUING CARE RETIREMENT COMMUNITY ,9
OR OTHER TYPE OF ENTITY WHERE HEALTH CARE IS PROVIDED .10
(9)  "I
NTEGRATION SESSION" MEANS A MEETING BETWEEN A11
PARTICIPANT AND FACILITATOR THAT OCCURS AFTER THE COMPLETION OF12
AN ADMINISTRATION SESSION.13
(10)  "L
OCAL JURISDICTION" MEANS A COUNTY, MUNICIPALITY, OR14
CITY AND COUNTY.15
(11) (a)  "N
ATURAL MEDICINE" MEANS THE FOLLOWING16
SUBSTANCES:17
(I)  P
SILOCYBIN; OR18
(II)  P
SILOCYN.19
(b)  I
N ADDITION TO THE SUBSTANCES LISTED IN SUBSECTION20
(11)(a)
 OF THIS SECTION, "NATURAL MEDICINE" INCLUDES:21
(I)  D
IMETHYLTRYPTAMINE, IF RECOMMENDED BY THE BOARD AND22
APPROVED BY THE DIRECTOR AND THE EXECUTIVE DIRECTOR OF THE STATE23
LICENSING AUTHORITY FOR INCLUSION ON OR AFTER JUNE 1, 2026;24
(II)  
 IBOGAINE, IF RECOMMENDED BY THE BOARD AND APPROVED25
BY THE DIRECTOR AND THE EXECUTIVE DIRECTOR OF THE STATE LICENSING26
AUTHORITY; OR27
SB23-290
-7- (III)  MESCALINE, IF RECOMMENDED BY THE BOARD AND APPROVED1
BY THE DIRECTOR AND THE EXECUTIVE DIRECTOR OF THE STATE LICENSING2
AUTHORITY FOR INCLUSION ON OR AFTER JUNE 1, 2026.3
(c)  "N
ATURAL MEDICINE" DOES NOT MEAN A SYNTHETIC OR4
SYNTHETIC ANALOG OF THE SUBSTANCES LISTED IN SUBSECTIONS (11)(a)5
AND (11)(b) OF THIS SECTION, INCLUDING A DERIVATIVE OF A NATURALLY6
OCCURRING COMPOUND OF NATURAL MEDICINE THAT IS PRODUCED USING7
CHEMICAL SYNTHESIS , CHEMICAL MODIFICATION , OR CHEMICAL8
CONVERSION.9
(d)  N
OTWITHSTANDING SUBSECTION (11)(b)(III) OF THIS SECTION,10
"
MESCALINE" DOES NOT INCLUDE PEYOTE, MEANING ALL PARTS OF THE11
PLANT CLASSIFIED BOTANICALLY AS LOPHOPHORA WILLIAMSII LEMAIRE ,12
WHETHER GROWING OR NOT ; ITS SEED; ANY EXTRACT FROM ANY PART OF13
THE PLANT, AND EVERY COMPOUND , SALT, DERIVATIVE, MIXTURE, OR14
PREPARATION OF THE PLANT; OR ITS SEEDS OR EXTRACTS.15
(12)  "N
ATURAL MEDICINE PRODUCT" MEANS A PRODUCT INFUSED16
WITH NATURAL MEDICINE THAT IS INTENDED FOR CONSUMPTION .17
(13)  "N
ATURAL MEDICINE SERVICES " MEANS A PREPARATION18
SESSION, ADMINISTRATION SESSION, AND INTEGRATION SESSION PROVIDED19
PURSUANT TO THIS ARTICLE 170.20
(14)  "P
ARTICIPANT" MEANS AN INDIVIDUAL WHO IS TWENTY -ONE21
YEARS OF AGE OR OLDER AND WHO RECEIVES NATURAL MEDICINE22
SERVICES PERFORMED BY AND UNDER THE SUPERVISION OF A FACILITATOR .23
(15)  "P
REPARATION SESSION" MEANS A MEETING BETWEEN A24
PARTICIPANT AND FACILITATOR THAT OCCURS BEFORE AN25
ADMINISTRATION SESSION. "PREPARATION SESSION" DOES NOT MEAN AN26
INITIAL CONSULTATION, AN INQUIRY, OR RESPONSE ABOUT NATURAL27
SB23-290
-8- MEDICINE SERVICES.1
(16)  "R
EGULATED NATURAL MEDICINE " MEANS NATURAL2
MEDICINE THAT IS CULTIVATED , MANUFACTURED, TESTED, STORED,3
DISTRIBUTED, TRANSPORTED, TRANSFERRED, OR DISPENSED PURSUANT TO4
ARTICLE 50 OF TITLE 44.5
(17)  "R
EGULATED NATURAL MEDICINE PRODUCT " MEANS NATURAL6
MEDICINE PRODUCT THAT IS CULTIVATED , MANUFACTURED, TESTED,7
STORED, DISTRIBUTED, TRANSPORTED, TRANSFERRED, OR DISPENSED8
PURSUANT TO ARTICLE 50 OF TITLE 44.9
(18)  "R
EMUNERATION" MEANS ANYTHING OF VALUE, INCLUDING10
MONEY, REAL PROPERTY , TANGIBLE AND INTANGIBLE PERSONAL11
PROPERTY, CONTRACT RIGHT, CHOSE IN ACTION, SERVICE, AND ANY RIGHT12
OF USE OR EMPLOYMENT OR PR OMISE OR AGREEMENT CONNECTED13
THEREWITH.14
(19)  "S
TATE LICENSING AUTHORITY " MEANS THE AUTHORITY15
CREATED FOR THE PURPOSE OF REGULATING AND CONTROLLING THE16
LICENSING OF THE CULTIVATION, MANUFACTURING, TESTING, STORING,17
DISTRIBUTION, TRANSPORTATION, TRANSFER, AND DISPENSATION OF18
REGULATED NATURAL MEDICINE AND REGULATED NATURAL MEDICINE19
PRODUCT IN THIS STATE PURSUANT TO SECTION 44-50-201.20
SECTION 4. In Colorado Revised Statutes, repeal and reenact,21
with amendments, 12-170-105 as follows:22
12-170-105.  Director powers and duties - prohibition - rules.23
(1)  I
N ADDITION TO ANY OTHER POWERS AND DUTIES GRANTED OR24
IMPOSED ON THE DIRECTOR PURSUANT TO THIS ARTICLE 170 OR BY ANY25
OTHER LAW, THE DIRECTOR HAS THE FOLLOWING POWERS AND DUTIES :26
(a)  T
O PROMULGATE RULES PURSUANT TO SECTION 12-20-20427
SB23-290
-9- CONCERNING THE FOLLOWING SUBJECTS :1
(I)  R
EQUIREMENTS FOR THE SAFE PROVISION OF REGULATED2
NATURAL MEDICINE, REGULATED NATURAL MEDICINE PRODUCT , AND3
NATURAL MEDICINE SERVICES TO A PARTICIPANT , INCLUDING:4
(A)  P
ARAMETERS FOR A PREPARATION SESSION , AN5
ADMINISTRATION SESSION, AND AN INTEGRATION SESSION , INCLUDING6
REQUIREMENTS FOR PROVIDING AND VERIFYING THE COMPLETION OF EACH7
SESSION; WHETHER ANY OF THE SESSIONS MAY BE CONDUCTED USING8
TELEPHONE OR AUDIO-VISUAL COMMUNICATION TECHNOLOGY ; AND ANY9
TIMELINESS REQUIREMENTS FOR WHEN EACH SESSION MUST BE COMPLETED10
IN RELATION TO THE OTHER SESSIONS;11
(B)  H
EALTH AND SAFETY WARNINGS THAT MUST BE PROVIDED TO12
A PARTICIPANT BEFORE THE PREPARATION SESSION , ADMINISTRATION13
SESSION, AND INTEGRATION SESSION BEGIN;14
(C)  E
DUCATIONAL MATERIALS THAT MUST BE PROVIDED TO A15
PARTICIPANT BEFORE THE PREPARATION SESSION , ADMINISTRATION16
SESSION, AND INTEGRATION SESSION BEGIN;17
(D)  A
 FORM THAT A PARTICIPANT , FACILITATOR, AND AN18
AUTHORIZED REPRESENTATIVE OF THE HEALING CENTER MUST SIGN ,19
UNLESS THE FACILITATOR IS A SOLE PRACTITIONER , THEN ONLY THE20
PARTICIPANT AND FACILITATOR MUST SIGN , BEFORE THE PREPARATION21
SESSION, ADMINISTRATION SESSION, AND INTEGRATION SESSION BEGIN. AT22
A MINIMUM, THE FORM MUST PROVIDE THAT THE PARTICIPANT PROVIDED23
THE PARTICIPANT'S COMPLETE AND ACCURATE HEALTH INFORMATION TO24
THE FACILITATOR AND THAT THE FACILITATOR PROVIDED TO THE25
PARTICIPANT IDENTIFIED RISK FACTORS BASED UPON THE PARTICIPANT 'S26
PROVIDED HEALTH INFORMATION AND DRUG CONTRAINDICATIONS ;27
SB23-290
-10- PARTICIPANT EXPECTATIONS OF THE NATURAL MEDICINE SERVICES ;1
PARAMETERS FOR PHYSICAL CONTACT DURING NATURAL MEDICINE2
SERVICES, THE REQUIREMENT OF INFORMED CONSENT PERMITTING3
PHYSICAL CONTACT, AND THE RIGHT TO WITHDRAW CONSENT FOR4
PHYSICAL CONTACT; AND RISKS OF PARTICIPATING IN NATURAL MEDICINE5
SERVICES.6
(E)  P
ROPER SUPERVISION BY THE FACILITATOR DURING THE7
ADMINISTRATION SESSION, AND REQUIREMENTS TO ENSURE THAT THE8
PARTICIPANT HAS A DISCHARGE PLAN OR SAFE TRANSPORTATION FROM9
THE HEALING CENTER;10
(F)  P
ROVISIONS FOR GROUP ADMINISTRATION SESSIONS ,11
INCLUDING REQUIREMENTS FOR AN ADMINISTRATION SESSION THAT HAS12
ONE OR MORE FACILITATORS PERFORMING AND SUPERVISING THE13
ADMINISTRATION SESSION FOR MORE THAN ONE PARTICIPANT ;14
(G)  P
ROVISIONS TO PERMIT A FACILITATOR TO REFUSE TO PROVIDE15
NATURAL MEDICINE SERVICES TO A PERSON BASED UPON HEALTH AND16
SAFETY RISKS, OR CIRCUMSTANCES PROMULGATED BY RULE ; AND17
(H)  T
HE DOSAGE LIMIT OF REGULATED NATURAL MEDICINE OR18
REGULATED NATURAL MEDICINE PRODUCT THAT MAY BE PROVIDED TO A19
PARTICIPANT FOR CONSUMPTION DURING AN ADMINISTRATION SESSION .20
(II)  R
EQUIREMENTS FOR THE LICENSING OF FACILITATORS ,21
PRACTICE OF FACILITATION , AND PROFESSIONAL C ONDUCT OF22
FACILITATORS, INCLUDING:23
(A)  T
HE FORM AND PROCEDURES FOR APPLYING FOR A NEW24
LICENSE OR RENEWING OR REINSTATING A LICENSE ISSUED PURSUANT TO25
THIS ARTICLE 170;26
(B)  T
HE EDUCATIONAL AND EXPERIENTIAL REQUIREMENTS AND27
SB23-290
-11- QUALIFICATIONS FOR AN INDIVIDUAL TO BECOME A FACILITATOR ,1
INCLUDING EDUCATION AND TRAINING ON PARTICIPANT SAFETY , DRUG2
INTERACTIONS, CONTRAINDICATIONS, MENTAL HEALTH AND STATE ,3
PHYSICAL HEALTH AND STATE, SOCIAL AND CULTURAL CONSIDERATIONS ,4
PREPARATION, ADMINISTRATION, INTEGRATION, AND ETHICS. THE5
EDUCATIONAL REQUIREMENTS MUST NOT REQUIRE A PROFESSIONAL6
LICENSE OR PROFESSIONAL DEGREE OTHER THAN A FACILITATOR LICENSE7
ISSUED PURSUANT TO THIS ARTICLE 170, EXCEPT THAT IF THERE ARE8
MULTIPLE TIERS OF FACILITATOR LICENSES , AN ADVANCED TIER OF9
FACILITATOR LICENSES MAY REQUIRE ANOTHER PROFESSIONAL LICENSE OR10
PROFESSIONAL DEGREE;11
(C)  O
VERSIGHT AND SUPERVISION REQUIREMENTS , INCLUDING12
PROFESSIONAL RESPONSIBILITY STANDARDS AND CONTINUING EDUCATION13
REQUIREMENTS;14
(D)  E
STABLISHMENT OF PROFESSIONAL STANDARDS OF CONDUCT15
TO PRACTICE FACILITATION, OR A LICENSE, REGISTRATION, PERMIT, OR16
CERTIFICATION PURSUANT TO THIS ARTICLE 170;17
(E)  P
ARAMETERS FOR PHYSICAL CONTACT WITH A PARTICIPANT18
DURING NATURAL MEDICINE SERVICES , INCLUDING REQUIREMENTS FOR19
OBTAINING SIGNED INFORMED CONSENT FOR PERMISSIBLE PHYSICAL20
CONTACT AND PERMITTING A PARTICIPANT TO WITHDRAW CONSENT FOR21
PERMISSIBLE PHYSICAL CONTACT WITH A PARTICIPANT IN ANY MANNER22
AND AT ANY TIME;23
(F)  P
ERMITTING REMUNERATION FOR THE PROVISION OF NATURAL24
MEDICINE SERVICES;25
(G)  P
ERMITTING PROVISION OF GROUP ADMINISTRATION SESSIONS26
BY ONE FACILITATOR WHO IS PERFORMING AND SUPERVISING THE27
SB23-290
-12- ADMINISTRATION SESSION FOR MORE THAN ONE PARTICIPANT , AND1
ESTABLISH A LIMIT ON THE TOTAL NUMBER OF PARTICIPANTS WHO MAY2
PARTICIPATE IN A GROUP ADMINISTRATION SESSION THAT IS PERFORMED3
AND SUPERVISED BY ONE FACILITATOR ;4
(H)  R
ECORD-KEEPING, PRIVACY, AND CONFIDENTIALITY5
REQUIREMENTS FOR LICENSEES , REGISTRANTS, PERMITTEES, AND6
CERTIFICATE HOLDERS, INCLUDING PROTECTIONS PREVENTING DISCLOSURE7
OF A PROSPECTIVE PARTICIPANT 'S OR PARTICIPANT'S PERSONALLY8
IDENTIFIABLE INFORMATION TO THE PUBLIC , THIRD PARTIES, OR ANY9
GOVERNMENT AGENCY , EXCEPT AS ALLOWED FOR PURPOSES EXPRESSLY10
STATED PURSUANT TO THIS ARTICLE 170, RULES PROMULGATED PURSUANT11
TO THIS ARTICLE 170, ARTICLE 50 OF TITLE 44, OR RULES PROMULGATED12
PURSUANT TO ARTICLE 50 OF TITLE 44. THE INFORMATION OR RECORDS13
RELATED TO A PARTICIPANT CONSTITUTE MEDICAL DATA AS DESCRIBED IN14
SECTION 24-72-204 (3)(a)(I), AND THE INFORMATION OR RECORDS MAY15
ONLY BE DISCLOSED TO THOSE PERSONS DIRECTLY INVOLVED WITH AN16
ACTIVE INVESTIGATION OR PROCEEDING .17
(I)  P
ARAMETERS FOR A FACILITATOR 'S PERMISSIBLE AND18
PROHIBITED FINANCIAL INTERESTS IN A HEALING CENTER , LICENSE19
PURSUANT TO THIS ARTICLE 170, OR LICENSE PURSUANT TO ARTICLE 50 OF20
TITLE 44; EXCEPT THAT A FACILITATOR MAY NOT HAVE A FINANCIAL21
INTEREST IN MORE THAN THREE NATURAL MEDICINE BUSINESS LICENSES22
PURSUANT TO ARTICLE 50 OF TITLE 44.23
(J)  P
ARAMETERS FOR A FACILITATOR TO PROVIDE AND SUPERVISE24
NATURAL MEDICINE SERVICES AT AN AUTHORIZED LOCATION THAT IS NOT25
A HEALING CENTER'S LICENSED PREMISES, INCLUDING A HEALTH-CARE26
FACILITY OR A PRIVATE RESIDENCE;27
SB23-290
-13- (K)  STANDARDS FOR ADVERTISING AND MARKETING A LICENSEE 'S1
SERVICES, INCLUDING: AVOIDING THE MISAPPROPRIATION AND2
EXPLOITATION OF INDIGENOUS PEOPLE, COMMUNITIES, CULTURES, AND3
RELIGIONS; AVOIDING THE EXCESSIVE COMMERCIALIZATION OF NATURAL4
MEDICINE, NATURAL MEDICINE PRODUCT , AND NATURAL MEDICINE5
SERVICES; PROHIBITING ADVERTISING AND MARKETING OF NATURAL6
MEDICINE, NATURAL MEDICINE PRODUCT , AND NATURAL MEDICINE7
SERVICES DIRECTED TO INDIVIDUALS WHO ARE UNDER TWENTY	-ONE YEARS8
OF AGE; AND OTHER PARAMETERS DETERMINED NECESSARY BY THE9
DIRECTOR.10
(III)  A
NY RULES NECESSARY TO DIFFERENTIATE BETWEEN THE11
TYPES OF REGULATED NATURAL MEDICINE OR REGULATED NATURAL12
MEDICINE PRODUCT PROVIDED FOR PARTICIPANT CONSUMPTION DURING AN13
ADMINISTRATION SESSION BASED ON QUALITIES , TRADITIONAL USES, AND14
SAFETY PROFILE;15
(IV)  A
NY RULES DETERMINED NECESSARY BY THE DIRECTOR16
RELATED TO THE POWERS OR DUTIES GRANTED OR IMPOSED ON THE17
DIRECTOR PURSUANT TO THIS ARTICLE 170 OR BY ANY OTHER LAW; AND18
(V)  A
NY OTHER MATTERS DETERMINED NECESSARY BY THE19
DIRECTOR TO IMPLEMENT OR ADMINISTER THIS ARTICLE 170.20
(b)  B
EGINNING ON OR BEFORE DECEMBER 31, 2024, TO REVIEW21
APPLICATIONS IN THE FORM AND MANNER DETERMINED BY THE DIRECTOR22
FOR NEW LICENSES, REGISTRATIONS, PERMITS, OR CERTIFICATES AFTER23
PAYMENT OF THE REQUIRED FEE AND TO GRANT OR DENY LICENSES ,24
REGISTRATIONS, PERMITS, OR CERTIFICATES AS PROVIDED IN THIS ARTICLE25
170
 OR A RULE PROMULGATED PURSUANT TO THIS ARTICLE 170. THE26
DIVISION SHALL PRIORITIZE REVIEWING APPLICATIONS FROM APPLICANTS27
SB23-290
-14- WHO HAVE ESTABLISHED RESIDENCY IN COLORADO.1
(c)  T
O ESTABLISH LICENSES, REGISTRATIONS, PERMITS, OR2
CERTIFICATES DETERMINED NECESSARY BY THE DIRECTOR TO IMPLEMENT3
OR ADMINISTER THIS ARTICLE 170, AND TO ESTABLISH ELIGIBILITY4
REQUIREMENTS AND PRIVILEGES UNDER THE LICENSES , REGISTRATIONS,5
PERMITS, OR CERTIFICATES;6
(d)  T
O ESTABLISH, WHEN FINANCIALLY FEASIBLE, PROCEDURES,7
POLICIES, AND PROGRAMS TO ENSURE THIS ARTICLE 170 AND RULES8
PROMULGATED PURSUANT TO THIS ARTICLE 170 ARE EQUITABLE AND9
INCLUSIVE AND PROMOTE THE LICENSING, REGISTRATION, AND PERMITTING10
OF, AND PROVISION OF NATURAL MEDICINE AND NATURAL MEDICINE11
PRODUCT TO, PERSONS FROM COMMUNITIES THAT HAVE BEEN12
DISPROPORTIONATELY HARMED BY HIGH RATES OF ARREST FOR13
CONTROLLED SUBSTANCES , PERSONS WHO FACE BARRIERS TO14
HEALTH-CARE ACCESS, PERSONS WHO HAVE TRADITIONAL OR INDIGENOUS15
HISTORY WITH NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT , OR16
TO PERSONS WHO ARE VETERANS . THE DIRECTOR MAY CONSULT THE17
BOARD WHEN CONSIDERING PROCEDURES , POLICIES, AND PROGRAMS18
PURSUANT TO THIS SUBSECTION (1)(d).19
(e)  T
O CONDUCT INVESTIGATIONS AND HEARINGS , GATHER20
EVIDENCE, AND PURSUE DISCIPLINARY ACTIONS PURSUANT TO SECTIONS21
12-20-403,
 12-20-404, AND 24-4-105, AND THIS ARTICLE 170, WITH22
RESPECT TO LICENSES, REGISTRATIONS, PERMITS, OR CERTIFICATES WHEN23
THE DIRECTOR HAS REASONABLE CAUSE TO BELIEVE THAT AN INDIVIDUAL24
OR ENTITY IS VIOLATING THIS ARTICLE 170 OR A RULE PROMULGATED25
PURSUANT TO THIS ARTICLE 170;26
(f)  T
O TAKE DISCIPLINARY OR OTHER ACTION AS AUTHORIZED IN27
SB23-290
-15- SECTION 12-20-404 OR LIMIT THE SCOPE OF PRACTICE OF AN APPLICANT,1
LICENSEE, REGISTRANT, PERMITTEE, OR CERTIFICATE HOLDER UPON PROOF2
OF A VIOLATION OF THIS ARTICLE 170 OR A RULE PROMULGATED3
PURSUANT TO THIS ARTICLE 170;4
(g)  T
O ISSUE CEASE-AND-DESIST ORDERS UNDER THE5
CIRCUMSTANCES AND IN ACCORDANCE WITH THE PROCEDURES SPECIFIED6
IN SECTION 12-20-405;7
(h) (I)  T
O PETITION A DISTRICT COURT FOR AN INVESTIGATIVE8
SUBPOENA APPLICABLE TO A PERSON WHO IS NOT LICENSED , REGISTERED,9
PERMITTED, OR CERTIFIED PURSUANT TO THIS ARTICLE 170 TO OBTAIN10
DOCUMENTS OR INFORMATION NECESSARY TO ENFORCE A PROVISION OF11
THIS ARTICLE 170 OR A RULE PROMULGATED PURSUANT TO THIS ARTICLE12
170
 AFTER REASONABLE EFFORTS HAVE BEEN MADE TO OBTAIN13
REQUESTED DOCUMENTS OR INFORMATION WITHOUT A SUBPOENA ;14
(II)  T
O APPLY TO ANY COURT OF COMPETENT JURISDICTION TO15
TEMPORARILY RESTRAIN OR PRELIMINARILY OR PERMANENTLY ENJOIN THE16
ACT IN QUESTION OF AN INDIVIDUAL WHO OR ENTITY THAT IS NOT17
LICENSED, REGISTERED, PERMITTED, OR CERTIFIED PURSUANT TO THIS18
ARTICLE 170 AND TO ENFORCE COMPLIANCE WITH THIS ARTICLE 170 OR A19
RULE PROMULGATED PURSUANT TO THIS ARTICLE 170 WHENEVER IT20
APPEARS TO THE DIRECTOR UPON SUFFICIENT EVIDENCE SATISFACTORY TO21
THE DIRECTOR THAT AN INDIVIDUAL OR ENTITY HAS BEEN OR IS22
COMMITTING AN ACT PROHIBITED BY THIS ARTICLE 170 OR A RULE23
PROMULGATED PURSUANT TO THIS ARTICLE 170, AND THE ACT:24
(A)  T
HREATENS PUBLIC HEALTH OR SAFETY ; OR25
(B)  C
ONSTITUTES AN UNLAWFUL ACT FOR WHICH THE INDIVIDUAL26
OR ENTITY DOES NOT HOLD THE REQUIRED LICENSE , REGISTRATION,27
SB23-290
-16- PERMIT, OR CERTIFICATE PURSUANT TO THIS ARTICLE 170 OR A RULE1
PROMULGATED PURSUANT TO THIS ARTICLE 170;2
(i)  T
O MAINTAIN AND UPDATE AN ONLINE LIST THAT IS ACCESSIBLE3
TO THE PUBLIC OF LICENSEES , REGISTRANTS, PERMITTEES, AND4
CERTIFICATE HOLDERS THAT INCLUDES WHETHER THE LICENSEE ,5
REGISTRANT, PERMITTEE, OR CERTIFICATE HOLDER HAS HAD ITS LICENSE,6
REGISTRATION, PERMIT, OR CERTIFICATE LIMITED , SUSPENDED, OR7
REVOKED IN ACCORDANCE WITH A DISCIPLINARY ACTION PURSUANT TO8
THIS ARTICLE 170;9
(j)  I
N COORDINATION WITH THE STATE LICENSING AUTHORITY10
PURSUANT TO SECTION 44-50-202 (1)(k), ANNUALLY PUBLISH A PUBLICLY11
AVAILABLE REPORT CONCERNING THE IMPLEMENTATION AND12
ADMINISTRATION OF THIS ARTICLE 170 AND ARTICLE 50 OF TITLE 44. THE13
REPORT MUST USE RELEVANT DATA , AS DETERMINED BY THE DIRECTOR14
AND THE STATE LICENSING AUTHORITY , AND MUST NOT DISCLOSE THE15
IDENTITY OF ANY PARTICIPANT OR INCLUDE ANY INFORMATION THAT16
COULD DISCLOSE THE IDENTITY OF A PARTICIPANT .17
(k)  P
ERFORM OTHER FUNCTIONS AND DUTIES NECESSARY TO18
ADMINISTER THIS ARTICLE 170.19
(2)  T
HE DIRECTOR SHALL CONSULT THE BOARD WHEN20
CONSIDERING AND PROMULGATING RULES PURSUANT TO THIS ARTICLE 170.21
(3)  T
HE DIVISION HAS AUTHORITY TO COLLECT AVAILABLE AND22
RELEVANT DATA NECESSARY TO PERFORM FUNCTIONS AND DUTIES23
NECESSARY TO ADMINISTER THIS ARTICLE 170.24
(4)  T
HE DIRECTOR OR A DIVISION EMPLOYEE WITH REGULATORY25
OVERSIGHT RESPONSIBILITIES FOR LICENSEES, PERMITTEES, REGISTRANTS,26
OR CERTIFICATE HOLDERS PURSUANT TO THIS ARTICLE 170 SHALL NOT27
SB23-290
-17- WORK FOR, REPRESENT, PROVIDE CONSULTING SERVICES TO , OR1
OTHERWISE DERIVE PECUNIARY GAIN FROM A LICENSEE , PERMITTEE,2
REGISTRANT, OR CERTIFICATE HOLDER THAT IS REGULATED PURSUANT TO3
THIS ARTICLE 170 OR ANY OTHER BUSINESS ESTABLISHED FOR THE4
PRIMARY PURPOSE OF PROVIDING SERVICES TO THE NATURAL MEDICINE5
INDUSTRY FOR A PERIOD OF SIX MONTHS AFTER THE EMPLOYEE 'S LAST DAY6
OF EMPLOYMENT WITH THE DIVISION .7
SECTION 5. In Colorado Revised Statutes, repeal and reenact,8
with amendments, 12-170-106 as follows:9
12-170-106.  Board - creation - appointment - duties - report.10
(1)  T
HERE IS CREATED WITHIN THE DIVISION A NATURAL MEDICINE11
ADVISORY BOARD, WHICH CONSISTS OF FIFTEEN MEMBERS, TO ADVISE THE12
DIVISION AND THE STATE LICENSING AUTHORITY CONCERNING THE13
IMPLEMENTATION OF THIS ARTICLE 170 AND ARTICLE 50 OF TITLE 44.14
(2)  T
HE GOVERNOR SHALL APPOINT INITIAL BOARD MEMBERS ON15
OR BEFORE JANUARY 31, 2023, WITH CONSENT OF THE SENATE . THE16
MEMBERS MUST INCLUDE :17
(a)  S
EVEN MEMBERS WITH SIGNIFICANT EXPERTISE AND18
EXPERIENCE IN ONE OR MORE OF THE FOLLOWING AREAS : NATURAL19
MEDICINE THERAPY, MEDICINE, AND RESEARCH; MYCOLOGY AND NATURAL20
MEDICINE CULTIVATION; LICENSEE QUALIFICATIONS; EMERGENCY MEDICAL21
SERVICES AND SERVICES PROVIDED BY FIRST RESPONDERS ; MENTAL AND22
BEHAVIORAL HEALTH CARE; HEALTH-CARE INSURANCE AND HEALTH-CARE23
POLICY; AND PUBLIC HEALTH, DRUG POLICY, AND HARM REDUCTION; AND24
(b)  E
IGHT MEMBERS WITH SIGNIFICANT EXPERTISE AND25
EXPERIENCE IN ONE OR MORE OF THE FOLLOWING AREAS : RELIGIOUS USE26
OF NATURAL MEDICINES; ISSUES CONFRONTING VETERANS; TRADITIONAL27
SB23-290
-18- INDIGENOUS USE OF NATURAL MEDICINES ; LEVELS AND DISPARITIES IN1
ACCESS TO HEALTH-CARE SERVICES AMONG DIFFERENT COMMUNITIES ;2
AND PAST CRIMINAL JUSTICE REFORM EFFORTS IN COLORADO. AT LEAST3
ONE OF THE EIGHT MEMBERS MUST HAVE EXPERTISE OR EXPERIENCE IN4
TRADITIONAL INDIGENOUS USE OF NATURAL MEDICINES .5
(3)  T
HE BOARD INCLUDES THE EXECUTIVE DIRECTOR OF THE6
DEPARTMENT OF REVENUE , OR THE EXECUTIVE DIRECTOR 'S DESIGNEE,7
SERVING AS A NON-VOTING MEMBER.8
(4) (a)  F
OR THE INITIAL BOARD, SEVEN OF THE MEMBERS ARE9
APPOINTED TO A TERM OF TWO YEARS AND EIGHT MEMBERS ARE10
APPOINTED TO A TERM OF FOUR YEARS AS DESIGNATED IN THE11
GOVERNOR'S APPOINTMENT.12
(b)  A
T THE EXPIRATION OF THE TERMS OF THE MEMBERS OF THE13
INITIAL BOARD PURSUANT TO SUBSECTION (2) OF THIS SECTION, THE14
GOVERNOR SHALL APPOINT MEMBERS TO THE BOARD , WITHOUT CONSENT15
OF THE SENATE. EACH MEMBER APPOINTED BY THE GOVERNOR IS16
APPOINTED TO A TERM OF FOUR YEARS .17
(c)  E
XCEPT FOR THE EXECUTIVE DIRECTOR OF THE STATE18
LICENSING AUTHORITY, OR THE EXECUTIVE DIRECTOR 'S DESIGNEE,19
MEMBERS OF THE BOARD MAY SERVE UP TO TWO CONSECUTIVE TERMS .20
M
EMBERS ARE SUBJECT TO REMOVAL FOR MISCONDUCT , INCOMPETENCE,21
NEGLECT OF DUTY, OR UNPROFESSIONAL CONDUCT .22
(5)  T
HE BOARD SHALL MAKE RECOMMENDATIONS TO THE23
DIRECTOR AND STATE LICENSING AUTHORITY RELATED TO , BUT NOT24
LIMITED TO, THE FOLLOWING AREAS:25
(a)  A
CCURATE PUBLIC HEALTH APPROACHES REGARDING USE ,26
EFFECT, AND RISK REDUCTION FOR NATURAL MEDICINE AND NATURAL27
SB23-290
-19- MEDICINE PRODUCT AND THE CONTENT AND SCOPE OF EDUCATIONAL1
CAMPAIGNS RELATED TO NATURAL MEDICINE AND NATURAL MEDICINE2
PRODUCT;3
(b)  R
ESEARCH RELATED TO THE EFFICACY AND REGULATION OF4
NATURAL MEDICINE AND NATURAL MEDICINE PRODUCT , INCLUDING5
RECOMMENDATIONS RELATED TO PRODUCT SAFETY , HARM REDUCTION,6
AND CULTURAL RESPONSIBILITY;7
(c)  T
HE PROPER CONTENT OF TRAINING PROGRAMS , EDUCATIONAL8
AND EXPERIENTIAL REQUIREMENTS , AND QUALIFICATIONS FOR9
FACILITATORS. WHEN CONSIDERING RECOMMENDATIONS MADE PURSUANT10
TO THIS SUBSECTION (5)(c), THE BOARD MAY CONSIDER :11
(I)  T
IERED FACILITATOR LICENSING , FOR THE PURPOSE OF12
REQUIRING VARYING LEVELS OF EDUCATION AND TRAINING DEPENDENT13
UPON THE TYPE OF PARTICIPANT THAT THE FACILITATOR WILL BE14
PROVIDING SERVICES TO AND THE TYPE OF SERVICES THE FACILITATOR15
WILL BE PROVIDING;16
(II)  L
IMITED WAIVERS OF EDUCATION AND TRAINING17
REQUIREMENTS BASED UPON THE APPLICANT 'S PRIOR EXPERIENCE,18
TRAINING, OR SKILLS, INCLUDING BUT NOT LIMITED TO NATURAL MEDICINE19
OR NATURAL MEDICINE PRODUCT ; AND20
(III)  T
HE REMOVAL OF UNREASONABLE FINANCIAL OR LOGISTICAL21
BARRIERS THAT MAKE OBTAINING A FACILITATOR LICENSE COMMERCIALLY22
UNREASONABLE FOR INDIVIDUALS	, INCLUDING LOW-INCOME INDIVIDUALS.23
(d)  A
FFORDABLE, EQUITABLE, ETHICAL, AND CULTURALLY24
RESPONSIBLE ACCESS TO NATURAL MEDICINE AND NATURAL MEDICINE25
PRODUCT AND REQUIREMENTS TO ENSURE THIS ARTICLE 170 IS EQUITABLE26
AND INCLUSIVE. IN PERFORMING THIS REQUIREMENT , THE BOARD MAY27
SB23-290
-20- CONSIDER MAKING RECOMMENDATIONS ON WAYS TO REDUCE THE COSTS1
OF LICENSURE FOR LOW-INCOME INDIVIDUALS, FOR PROVIDING INCENTIVES2
FOR THE PROVISION OF NATURAL MEDICINE SERVICES AT A REDUCED COST3
TO INDIVIDUALS WITH LOW INCOME, AND PROVIDING INCENTIVES FOR THE4
PROVISION OF NATURAL MEDICINE SERVICES IN GEOGRAPHIC AND5
CULTURALLY DIVERSE REGIONS OF THE STATE .6
(e)  A
PPROPRIATE REGULATORY CONSIDERATIONS FOR EACH TYPE7
OF NATURAL MEDICINE, AND THE PREPARATION SESSION, ADMINISTRATION8
SESSION, AND INTEGRATION SESSION;9
(f)  T
HE ADDITION OF OTHER TYPES OF NATURAL MEDICINE TO THIS10
ARTICLE 170 AND ARTICLE 50 OF TITLE 44 PURSUANT TO SECTION11
12-170-104 (11)(b)(I), (11)(b)(II), 
OR (11)(b)(III) BASED ON AVAILABLE12
MEDICAL, PSYCHOLOGICAL, AND SCIENTIFIC STUDIES, RESEARCH, AND13
OTHER INFORMATION RELATED TO THE SAFETY AND EFFICACY OF EACH14
NATURAL MEDICINE, AND SHALL PRIORITIZE CONSIDERING THE ADDITION15
OF IBOGAINE PURSUANT TO SECTION 12-170-104 (11)(b)(II), TO THIS16
ARTICLE 170, AND ARTICLE 50 OF TITLE 44;17
(g)  A
LL RULES TO BE PROMULGATED BY THE DIRECTOR PURSUANT18
TO THIS ARTICLE 170, AND THE STATE LICENSING AUTHORITY PURSUANT19
TO ARTICLE 50 OF TITLE 44; AND20
(h)  R
EQUIREMENTS FOR ACCURATE AND COMPLETE DATA21
COLLECTION, REPORTING, AND PUBLICATION OF INFORMATION RELATED TO22
THE IMPLEMENTATION OF THIS ARTICLE 170.23
(6)  T
HE BOARD SHALL, ON AN ONGOING BASIS, REVIEW AND24
EVALUATE EXISTING RESEARCH , STUDIES, AND REAL-WORLD DATA25
RELATED TO NATURAL MEDICINE AND MAKE RECOMMENDATIONS TO THE26
GENERAL ASSEMBLY AND OTHER RELEVANT STATE AGENCIES AS TO27
SB23-290
-21- WHETHER NATURAL MEDICINE , NATURAL MEDICINE PRODUCT , NATURAL1
MEDICINE SERVICES, AND ASSOCIATED SERVICES SHOULD BE COVERED2
UNDER HEALTH FIRST COLORADO OR OTHER INSURANCE PROGRAMS AS A3
COST-EFFECTIVE INTERVENTION FOR VARIOUS MENTAL HEALTH4
CONDITIONS, INCLUDING, BUT NOT LIMITED TO, END-OF-LIFE DISTRESS,5
SUBSTANCE USE DISORDER , ALCOHOL USE DISORDER , DEPRESSIVE6
DISORDERS, NEUROLOGICAL DISORDERS , CLUSTER HEADACHES , AND7
POST-TRAUMATIC STRESS DISORDER.8
(7)  T
HE BOARD SHALL, ON AN ONGOING BASIS, REVIEW AND9
EVALUATE SUSTAINABILITY ISSUES RELATED TO NATURAL MEDICINE AND10
NATURAL MEDICINE PRODUCT AND THE IMPACT ON INDIGENOUS CULTURES11
AND DOCUMENT EXISTING RECIPROCITY EFFORTS AND CONTINUING12
SUPPORT MEASURES THAT ARE NEEDED .13
(8)  T
HE BOARD SHALL PUBLISH AN ANNUAL REPORT DESCRIBING14
ITS ACTIVITIES, INCLUDING THE RECOMMENDATIONS AND ADVICE15
PROVIDED TO THE DIRECTOR, THE STATE LICENSING AUTHORITY, AND THE16
GENERAL ASSEMBLY.17
(9)  T
HE DIVISION SHALL PROVIDE REASONABLE REQUESTED18
TECHNICAL, LOGISTICAL, AND OTHER SUPPORT TO THE BOARD TO ASSIST19
THE BOARD WITH ITS DUTIES AND OBLIGATIONS .20
SECTION 6. In Colorado Revised Statutes, repeal and reenact,21
with amendments, 12-170-107 as follows:22
12-170-107.  Indigenous community working group - creation23
- duties. (1)  T
HE DIRECTOR SHALL ESTABLISH AN INDIGENOUS24
COMMUNITY WORKING GROUP FOR THE PURPOSE OF ENGAGING AND25
CREATING A DIALOGUE TO IDENTIFY ISSUES RELATED TO THE26
COMMERCIALIZATION OF NATURAL MEDICINE , NATURAL MEDICINE27
SB23-290
-22- PRODUCT, AND NATURAL MEDICINE SERVICES FOR INDIGENOUS PEOPLE,1
COMMUNITIES, CULTURES, AND RELIGIONS. THE COMMUNITY WORKING2
GROUP SHALL STUDY THE FOLLOWING :3
(a)  A
VOIDING THE MISAPPROPRIATION AND EXPLOITATION OF4
I
NDIGENOUS PEOPLE, COMMUNITIES, CULTURES, AND RELIGIONS;5
(b)  A
VOIDING THE EXCESSIVE COMMERCIALIZATION OF NATURAL6
MEDICINE, NATURAL MEDICINE PRODUCT , AND NATURAL MEDICINE7
SERVICES;8
(c)  A
NY CONSERVATION ISSUES ASSOCIATED WITH THE9
LEGALIZATION AND REGULATION OF NATURAL MEDICINE OR NATURAL10
MEDICINE PRODUCT, INCLUDING THE POTENTIAL FOR FURTHER DEPLETION11
OF PEYOTE DUE TO PEYOTE BEING A SOURCE OF MESCALINE ; AND12
(d)  B
EST PRACTICES AND OPEN COMMUNICATION TO BUILD TRUST13
AND UNDERSTANDING BETWEEN INDIGENOUS PEOPLE AND COMMUNITIES ,14
THE BOARD, THE DIVISION, THE STATE LICENSING AUTHORITY, AND LAW15
ENFORCEMENT AGENCIES , FOR THE PURPOSE OF AVOIDING UNNECESSARY16
BURDENS AND CRIMINALIZATION OF TRADITIONAL INDIGENOUS USES OF17
NATURAL MEDICINE.18
(2)  T
HE WORKING GROUP SHALL ADVISE THE BOARD AND THE19
DIVISION ON ITS FINDINGS AND RECOMMENDATIONS PURSUANT TO THE20
SUBJECTS IDENTIFIED IN SUBSECTION (1) OF THIS SECTION.21
(3)  T
HE DIRECTOR IS ENCOURAGED TO ENGAGE WITH INDIGENOUS22
PEOPLE WHO HAVE SIGNIFICANT EXPERIENCE WITH TRADITIONAL USE OF23
NATURAL MEDICINE AND OTHER PERSONS DEEMED NECESSARY BY THE24
DIRECTOR FOR THE PURPOSE OF THIS SECTION.25
SECTION 7. In Colorado Revised Statutes, repeal and reenact,26
with amendments, 12-170-108 as follows:27
SB23-290
-23- 12-170-108.  License required - unauthorized practice -1
mandatory disclosure of information - rule. (1)  A
N INDIVIDUAL SHALL2
NOT ENGAGE IN FACILITATION, OR REPRESENT TO THE PUBLIC OR IDENTIFY3
THE INDIVIDUAL'S SELF AS A FACILITATOR, IN THIS STATE UNTIL THE4
INDIVIDUAL HAS RECEIVED A LICENSE FROM THE DIRECTOR .5
(2)  A
 FACILITATOR SHALL CONSPICUOUSLY DISPLAY THE LICENSE6
ISSUED BY THE DIRECTOR IN THE HEALING CENTER , INCLUDING7
INFORMATION CONCERNING HOW TO FILE A COMPLAINT AGAINST THE8
FACILITATOR WITH THE DIRECTOR.9
(3)  E
VERY LICENSEE, PERMITTEE, REGISTRANT, OR CERTIFICATE10
HOLDER SHALL PROVIDE THE FOLLOWING INFORMATION IN WRITING TO11
EACH PARTICIPANT PRIOR TO A PREPARATION SESSION , ADMINISTRATION12
SESSION, AND INTEGRATION SESSION:13
(a)  T
HE NAME, ADDRESS, AND PHONE NUMBER OF THE LICENSEE ,14
PERMITTEE, REGISTRANT, OR CERTIFICATE HOLDER;15
(b)  A
N EXPLANATION OF THE REGULATIONS APPLICABLE TO THE16
LICENSEE, PERMITTEE, REGISTRANT, OR CERTIFICATE HOLDER PURSUANT17
TO THIS ARTICLE 170 OR RULES PROMULGATED PURSUANT TO THIS ARTICLE18
170;19
(c)  A
 LISTING OF TRAINING, EDUCATIONAL AND EXPERIENTIAL20
REQUIREMENTS, AND QUALIFICATIONS THE LICENSEE , PERMITTEE,21
REGISTRANT, OR CERTIFICATE HOLDER PURSUANT TO THIS ARTICLE 170 OR22
RULES PROMULGATED PURSUANT TO THIS ARTICLE 170 SATISFIED IN ORDER23
TO OBTAIN A LICENSE, PERMIT, REGISTRATION, OR CERTIFICATE;24
(d)  A
 STATEMENT INDICATING THAT THE LICENSEE , PERMITTEE,25
REGISTRANT, OR CERTIFICATE HOLDER IS REGULATED BY THE DIVISION ,26
AND AN ADDRESS AND TELEPHONE NUMBER FOR THE DIVISION ; AND27
SB23-290
-24- (e)  A STATEMENT INDICATING THAT THE PARTICIPANT IS ENTITLED1
TO RECEIVE INFORMATION ABOUT NATURAL MEDICINE SERVICES , MAY2
TERMINATE NATURAL MEDICINE SERVICES AT ANY TIME , AND MAY3
TERMINATE PREVIOUSLY PROVIDED INFORMED CONSENT FOR PHYSICAL4
CONTACT AT ANY TIME.5
(4)  N
OTHING IN THIS SECTION PROHIBITS AN INDIVIDUAL FROM6
PERFORMING A BONA FIDE RELIGIOUS , CULTURALLY TRADITIONAL , OR7
SPIRITUAL CEREMONY , IF THE INDIVIDUAL DOES NOT RECEIVE8
REMUNERATION, INFORMS AN INDIVIDUAL ENGAGING IN THE CEREMONY9
THAT THE INDIVIDUAL IS NOT A LICENSED FACILITATOR , AND THAT THE10
CEREMONY IS NOT ASSOCIATED WITH COMMERCIAL , BUSINESS, OR11
FOR-PROFIT ACTIVITY.12
SECTION 8. In Colorado Revised Statutes, repeal and reenact,13
with amendments, 12-170-109 as follows:14
12-170-109.  Grounds for discipline. (1)  T
HE DIRECTOR MAY15
TAKE DISCIPLINARY OR OTHER ACTION AS AUTHORIZED IN SECTION16
12-20-404
 UPON PROOF THAT THE LICENSEE, PERMITTEE, REGISTRANT, OR17
CERTIFICATE HOLDER:18
(a)  V
IOLATED A PROVISION OF THIS ARTICLE 170 OR A RULE19
PROMULGATED PURSUANT TO THIS ARTICLE 170;20
(b)  H
AS BEEN CONVICTED OF OR HAS ENTERED A PLEA OF NOLO21
CONTENDERE TO A FELONY. IN CONSIDERING THE CONVICTION OF OR THE22
PLEA TO ANY SUCH CRIME, THE DIRECTOR SHALL BE GOVERNED BY THE23
PROVISIONS OF SECTIONS 12-20-202 (5) AND 24-5-101.24
(c)  M
ADE ANY MISSTATEMENT ON AN APPLICATION FOR A LICENSE ,25
REGISTRATION, OR PERMIT TO PRACTICE PURSUANT TO THIS ARTICLE 17026
OR ATTEMPTED TO OBTAIN A LICENSE , REGISTRATION, PERMIT, OR27
SB23-290
-25- CERTIFICATE TO PRACTICE BY FRAUD , DECEPTION , OR1
MISREPRESENTATION;2
(d)  C
OMMITTED AN ACT OR FAILED TO PERFORM AN ACT3
NECESSARY TO MEET THE GENERALLY ACCEPTED PROFESSIONAL4
STANDARDS OF CONDUCT TO PRACTICE A PROFESSION LICENSED PURS UANT5
TO THIS ARTICLE 170 OR PROMULGATED BY RULE PURSUANT TO6
12-170-105 (1)(a)(II)(D), 
INCLUDING PERFORMING SERVICES OUTSIDE OF7
THE PERSON'S AREA OF TRAINING, EXPERIENCE, OR COMPETENCE;8
(e)  E
XCESSIVELY OR HABITUALLY USES OR ABUSES ALCOHOL OR9
CONTROLLED SUBSTANCES ;10
(f)  V
IOLATED ANY OF THE PROVISIONS OF THIS ARTICLE 170, AN11
APPLICABLE PROVISION OF ARTICLE 20 OF THIS TITLE 12, OR ANY VALID12
ORDER OF THE DIRECTOR;13
(g)  I
S GUILTY OF UNPROFESSIONAL OR DISHONEST CONDUCT ;14
(h)  A
DVERTISES BY MEANS OF FALSE OR DECEPTIVE STATEMENT ;15
(i)  F
AILS TO DISPLAY THE LICENSE AS PROVIDED IN SECTION16
12-170-108 (2);17
(j)  F
AILS TO COMPLY WITH THE RULES PROMULGATED BY THE18
DIRECTOR PURSUANT TO THIS ARTICLE 170;19
(k)  I
S GUILTY OF WILLFUL MISREPRESENTATION ;20
(l)  F
AILS TO DISCLOSE TO THE DIRECTOR WITHIN FORTY-FIVE DAYS21
A CONVICTION FOR A FELONY OR ANY CRIME THAT IS RELATED TO THE22
PRACTICE AS A FACILITATOR;23
(m)  A
IDS OR ABETS THE UNLICENSED PRACTICE OF FACILITATION ;24
OR25
(n)  F
AILS TO TIMELY RESPOND TO A COMPLAINT SENT BY THE26
DIRECTOR PURSUANT TO SECTION 12-170-110.27
SB23-290
-26- SECTION 9. In Colorado Revised Statutes, repeal and reenact,1
with amendments, 12-170-110 as follows:2
12-170-110.  Disciplinary proceedings - administrative law3
judges - judicial review. (1)  T
HE DIRECTOR MAY, THROUGH THE4
DEPARTMENT, EMPLOY ADMINISTRATIVE LAW JUDGES TO CONDUCT5
HEARINGS AS PROVIDED BY THIS SECTION OR ON ANY MATTER WITHIN THE6
DIRECTOR'S JURISDICTION UPON SUCH CONDITIONS AND TERMS AS THE7
DIRECTOR MAY DETERMINE .8
(2)  A
 PROCEEDING FOR DISCIPLINE OF A LICENSEE , PERMITTEE,9
REGISTRANT, OR CERTIFICATE HOLDER MUST BE COMMENCED WHEN THE10
DIRECTOR HAS REASONABLE GROUNDS TO BELIEVE THAT A LICENSEE ,11
PERMITTEE, REGISTRANT, OR CERTIFICATE HOLDER HAS COMMITTED ACTS12
THAT MAY VIOLATE THE PROVISIONS OF THIS ARTICLE 170 OR RULES13
PROMULGATED PURSUANT TO THIS ARTICLE 170. THE GROUNDS MAY BE14
ESTABLISHED BY AN INVESTIGATION BEGUN BY THE DIRECTOR ON THE15
DIRECTOR'S OWN MOTION OR BY AN INVESTIGATION PURSUANT TO A16
WRITTEN COMPLAINT. SECTION 12-20-403 AND ARTICLE 4 OF TITLE 2417
GOVERN PROCEEDINGS BROUGHT PURSUANT TO THIS SECTION .18
(3)  A
NY HEARING ON THE REVOCATION OR SUSPENSION OF A19
LICENSE, PERMIT, REGISTRATION, OR CERTIFICATE, OR ON THE DENIAL OF20
AN APPLICATION FOR A NEW LICENSE , PERMIT, REGISTRATION, OR21
CERTIFICATE, OR FOR RENEWAL OF A PREVIOUSLY ISSUED LICENSE, PERMIT,22
REGISTRATION, OR CERTIFICATE MUST BE CONDUCTED BY AN23
ADMINISTRATIVE LAW JUDGE.24
(4)  F
INAL ACTION BY THE DIRECTOR MAY BE JUDICIALLY25
REVIEWED PURSUANT TO SECTION 12-20-408.26
SECTION 10. In Colorado Revised Statutes, repeal and reenact,27
SB23-290
-27- with amendments, 12-170-111 as follows:1
12-170-111.  Fees - cash fund - created. (1)  B
ASED UPON THE2
APPROPRIATION MADE AND SUBJECT TO THE APPROVAL OF THE EXECUTIVE3
DIRECTOR OF THE DEPARTMENT OF REGULATORY AGENCIES , THE DIRECTOR4
SHALL ESTABLISH AND ADJUST FEES THAT THE DIRECTOR IS AUTHORIZED5
BY LAW TO COLLECT SO THAT THE REVENUE GENERATED FROM THE FEES6
APPROXIMATES ITS DIRECT AND INDIRECT COSTS; EXCEPT THAT FEES MUST7
NOT EXCEED THE AMOUNT NECESSARY TO ADMINISTER THIS ARTICLE 170.8
(2)  T
HE NATURAL MEDICINE FACILITATOR CASH FUND , REFERRED9
TO IN THIS SECTION AS THE "FUND", IS CREATED IN THE STATE TREASURY.10
T
HE FUND CONSISTS OF FEES CREDITED TO THE FUND PURSUANT TO THIS11
ARTICLE 170 AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY12
APPROPRIATE OR TRANSFER TO THE FUND .13
(3)  T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND14
INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE15
FUND TO THE FUND.16
(4)  M
ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE17
DEPARTMENT FOR THE ADMINISTRATION OF THIS ARTICLE 170.18
SECTION 11. In Colorado Revised Statutes, repeal and reenact,19
with amendments, 12-170-112 as follows:20
12-170-112.  Local jurisdiction. (1)  A
 LOCAL JURISDICTION21
SHALL NOT PROHIBIT A FACILITATOR FROM PROVIDING NATURAL MEDICINE22
SERVICES WITHIN ITS BOUNDARIES IF THE INDIVIDUAL IS A LICENSED23
FACILITATOR PURSUANT TO THIS ARTICLE 170.24
(2)  A
 LOCAL JURISDICTION SHALL NOT ADOPT ORDI NANCES OR25
REGULATIONS THAT ARE UNREASONABLE OR IN CONFLICT WITH THIS26
ARTICLE 170.27
SB23-290
-28- SECTION 12. In Colorado Revised Statutes, repeal and reenact,1
with amendments, 12-170-113 as follows:2
12-170-113.  Protections. (1)  S
UBJECT TO THE LIMITATIONS IN3
THIS ARTICLE 170 AND ARTICLE 50 OF TITLE 44, BUT NOTWITHSTANDING4
ANY OTHER PROVISION OF LAW:5
(a)  A
CTIONS AND CONDUCT PERMITTED PURSUANT TO A LICENSE ,6
REGISTRATION, PERMIT, OR CERTIFICATE ISSUED BY THE DIRECTOR7
PURSUANT TO THIS ARTICLE 170, OR BY THOSE WHO ALLOW PROPERTY TO8
BE USED PURSUANT TO A LICENSE, REGISTRATION, PERMIT, OR CERTIFICATE9
ISSUED BY THE DIRECTOR PURSUANT TO THIS ARTICLE 170, ARE LAWFUL10
AND ARE NOT AN OFFENSE UNDER STATE LAW , OR THE LAWS OF ANY LOCAL11
JURISDICTION WITHIN THIS STATE; ARE NOT SUBJECT TO A CIVIL FINE,12
PENALTY, OR SANCTION; ARE NOT A BASIS FOR DETENTION, SEARCH, OR13
ARREST; AND ARE NOT A BASIS TO DENY ANY RIGHT OR PRIVILEGE , OR TO14
SEIZE OR FORFEIT ASSETS UNDER STATE LAW OR THE LAWS OF ANY LOCAL15
JURISDICTION WITHIN THIS STATE.16
(b)  A
 CONTRACT IS NOT UNENFORCEABLE ON THE BASIS THAT17
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT , AS ALLOWED18
PURSUANT TO THIS ARTICLE 170, IS PROHIBITED BY FEDERAL LAW;19
(c)  M
ENTAL HEALTH CARE , SUBSTANCE USE DISORDER20
INTERVENTION SERVICES, OR BEHAVIORAL HEALTH SERVICES OTHERWISE21
COVERED PURSUANT TO THE "COLORADO MEDICAL ASSISTANCE ACT",22
ARTICLES 4 TO 6 OF TITLE 25.5, MUST NOT BE DENIED ON THE BASIS THAT23
THEY ARE COVERED IN CONJUNCTION WITH NATURAL MEDICINE SERVICES ,24
OR THAT NATURAL MEDICINE AND NATURAL MEDICINE PRODUCT ARE25
PROHIBITED BY FEDERAL LAW. INSURANCE OR AN INSURANCE PROVIDER26
IS NOT REQUIRED TO COVER THE COST OF NATURAL MEDICINE OR NATURAL27
SB23-290
-29- MEDICINE PRODUCT.1
(d)  N
OTHING IN THIS SECTION MAY BE CONSTRUED OR2
INTERPRETED TO PREVENT THE DIRECTOR FROM ENFORCING RULES3
PROMULGATED BY THE DIRECTOR AGAINST A LICENSEE , REGISTRANT,4
PERMITTEE, OR CERTIFICATE HOLDER OR LIMIT A STATE OR LOCAL LAW5
ENFORCEMENT AGENCY 'S ABILITY TO INVESTIGATE UNLAWFUL ACTIVITY6
IN RELATION TO A LICENSEE, REGISTRANT, PERMITTEE, OR CERTIFICATE7
HOLDER.8
(2)  A
 PROFESSIONAL OR OCCUPATIONAL LICENSE , REGISTRATION,9
PERMIT, OR CERTIFICATE HOLDER IS NOT SUBJECT TO PROFESSIONAL10
DISCIPLINE OR LOSS OF A PROFESSIONAL OR OCCUPATIONAL LICENSE ,11
REGISTRATION, PERMIT, OR CERTIFICATE FOR PROVIDING ADVICE OR12
SERVICES ARISING OUT OF OR RELATED TO A NATURAL MEDICINE LICENSE ,13
REGISTRATION, PERMIT, OR CERTIFICATE ISSUED PURSUANT TO THIS14
ARTICLE 170 OR ARTICLE 50 OF TITLE 44 OR APPLICATION FOR LICENSE,15
REGISTRATION, PERMIT, OR CERTIFICATE ISSUED PURSUANT TO THIS16
ARTICLE 170 OR ARTICLE 50 OF TITLE 44 ON THE BASIS THAT NATURAL17
MEDICINE AND NATURAL MEDICINE PR ODUCT ARE PROHIBITED BY FEDERAL18
LAW, OR FOR PERSONAL USE OF NATURAL MEDICINE OR NATURAL19
MEDICINE ALLOWED PURSUANT TO THIS ARTICLE 170. THIS ARTICLE 17020
DOES NOT AUTHORIZE AN INDIVIDUAL TO ENGAGE IN CONDUCT THAT IN21
THE COURSE OF PRACTICING UNDER THE INDIVIDUAL 'S LICENSE,22
REGISTRATION, PERMIT, OR CERTIFICATE WOULD VIOLATE STANDARDS OF23
CARE OR SCOPE OF PRACTICE OF THE INDIVIDUAL 'S PROFESSION OR24
OCCUPATION AS REQUIRED BY ANY PROVISION OF LAW OR RULE .25
SECTION 13. In Colorado Revised Statutes, repeal and reenact,26
with amendments, 12-170-114 as follows:27
SB23-290
-30- 12-170-114.  Liberal construction. T	HIS ARTICLE 170 MUST BE1
LIBERALLY CONSTRUED TO EFFECTUATE ITS PURPOSE .2
SECTION 14. In Colorado Revised Statutes, repeal and reenact,3
with amendments, 12-170-115 as follows:4
12-170-115.  Preemption. A
 LOCAL JURISDICTION SHALL NOT5
ADOPT, ENACT, OR ENFORCE ANY ORDINANCE, RULE, OR RESOLUTION THAT6
IS OTHERWISE IN CONFLICT WITH THE PROVISIONS OF THIS ARTICLE 170.7
SECTION 15. In Colorado Revised Statutes, add 12-170-116 as8
follows:9
12-170-116.  Self-executing, severability, conflicting provisions.10
A
LL PROVISIONS OF THIS ARTICLE 170 ARE SELF-EXECUTING EXCEPT AS11
SPECIFIED HEREIN, ARE SEVERABLE, AND, EXCEPT WHEN OTHERWISE12
INDICATED, SHALL SUPERSEDE CONFLICTING STATE STATUTORY , LOCAL13
CHARTER, ORDINANCE, OR RESOLUTION PROVISIONS, AND OTHER STATE14
AND LOCAL PROVISIONS. IF ANY PROVISION OF THIS ARTICLE 170 OR ITS15
APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID , THE16
INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF17
THIS ARTICLE 170 THAT CAN BE GIVEN EFFECT WITHOUT THE INVALID18
PROVISION OR APPLICATION, AND TO THIS END THE PROVISIONS OF THIS19
ARTICLE 170 ARE SEVERABLE.20
SECTION 16. In Colorado Revised Statutes, add 12-170-117 as21
follows:22
12-170-117.  Repeal of article - review of functions. T
HIS23
ARTICLE 170 IS REPEALED, EFFECTIVE SEPTEMBER 1, 2032. BEFORE THE24
REPEAL, THIS ARTICLE 170 IS SCHEDULED FOR REVIEW IN ACCORDANCE25
WITH SECTION 24-34-104.26
SECTION 17. In Colorado Revised Statutes, 12-20-407, amend27
SB23-290
-31- (1)(a)(V)(V) and (1)(a)(V)(W); and add (1)(a)(V)(X) as follows:1
12-20-407.  Unauthorized practice of profession or occupation2
- penalties - exclusions. (1) (a)  A person commits a class 2 misdemeanor3
and shall be punished as provided in section 18-1.3-501 if the person:4
(V)  Practices or offers or attempts to practice any of the following5
professions or occupations without an active license, certification, or6
registration issued under the part or article of this title 12 governing the7
particular profession or occupation:8
(V)  Respiratory therapy, as regulated under article 300 of this title9
12; or10
(W)  Veterinary medicine or as a veterinary technician, as11
regulated under article 315 of this title 12; 
OR12
(X)  F
ACILITATING NATURAL MEDICINE SERVICES , AS REGULATED13
UNDER ARTICLE 170 OF THIS TITLE 12.14
SECTION 18. In Colorado Revised Statutes, 24-1-117, amend15
(4)(a)(X) and (4)(a)(XI); and add (4)(a)(XII) as follows:16
24-1-117.  Department of revenue - creation. (4) (a)  The17
department of revenue consists of the following divisions:18
(X)  The auto industry division, created in section 44-20-105. The19
division is a type 2 entity, as defined in section 24-1-105, and exercises20
its powers and performs its duties and functions under the department of21
revenue; and
22
(XI)  The state licensing authority created in section 44-10-201;23
AND24
(XII)  T
HE NATURAL MEDICINE DIVISION , CREATED IN SECTION25
44-50-201,
 WHICH IS A TYPE 2 ENTITY, AS DEFINED IN SECTION 24-1-105.26
SECTION 19. In Colorado Revised Statutes, 24-34-104, add27
SB23-290
-32- (33)(a)(IV) and (33)(a)(V) as follows:1
24-34-104.  General assembly review of regulatory agencies2
and functions for repeal, continuation, or reestablishment - legislative3
declaration - repeal. (33) (a)  The following agencies, functions, or both,4
are scheduled for repeal on September 1, 2032:5
(IV)  T
HE "NATURAL MEDICINE HEALTH ACT OF 2022", ARTICLE6
170
 OF TITLE 12;7
(V)  T
HE "COLORADO NATURAL MEDICINE CODE", ARTICLE 50 OF8
TITLE 44.9
SECTION 20. In Colorado Revised Statutes, add 25-1.5-120 as10
follows:11
25-1.5-120.  Natural medicine testing and standards - rules.12
(1)  T
HE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , IN13
COORDINATION WITH THE DEPARTMENT OF REVENUE , TO ENSURE14
CONSISTENCY BETWEEN RULES , SHALL PROMULGATE RULES CONCERNING15
TESTING STANDARDS AND CERTIFICATION REQUIREMENTS OF NATURAL16
MEDICINE AND NATURAL MEDICINE PRODUCT REGULATED BY THE17
DEPARTMENT OF REVENUE PURSUANT TO ARTICLE 50 OF TITLE 44.18
(2)  A
T A MINIMUM, THE RULES MUST:19
(a)  E
STABLISH NATURAL MEDICINE AND NATURAL MEDICINE20
PRODUCT TESTING STANDARDS AND CERTIFICATION REQUIREMENTS ;21
(b)  E
STABLISH A NATURAL MEDICINE INDEPENDENT TESTING AND22
CERTIFICATION PROGRAM FOR LICENSEES PURSUANT TO ARTICLE 50 OF23
TITLE 44, WITHIN AN IMPLEMENTATION TIME FRAME ESTABLISHED BY THE24
DEPARTMENT OF REVENUE , REQUIRING LICENSEES TO TEST NATURAL25
MEDICINE AND NATURAL MEDICINE PRODUCT TO ENSURE , AT A MINIMUM,26
THAT PRODUCTS TRANSFERRED FOR HUMAN CONSUMPTION BY NATURAL27
SB23-290
-33- PERSONS OR ENTITIES LICENSED PURSUANT TO ARTICLE 50 OF TITLE 44 DO1
NOT CONTAIN CONTAMINANTS THAT ARE INJURIOUS TO HEALTH AND TO2
ENSURE CORRECT LABELING;3
(c)  E
STABLISH PROCEDURES THAT ENSURE NATURAL MEDICINE4
AND NATURAL MEDICINE PRODUCT ARE QUARANTINED AND NOTIFICATION5
PROCEDURES IF TEST RESULTS INDICATE THE PRESENCE OF QUANTITIES OF6
ANY SUBSTANCE DETERMINED TO BE INJURIOUS TO HEALTH ;7
(d)  E
NSURE THAT TESTING VERIFIES CONCENTRATION8
REPRESENTATIONS AND HOMOGENEITY FOR CORRECT LABELING ;9
(e)  E
STABLISH AN ACCEPTABLE VARIANCE FOR CONCENTRATION10
REPRESENTATIONS AND PROCEDURES TO ADDRESS CONCENTRATION11
MISREPRESENTATIONS; AND12
(f)  E
STABLISH THE PROTOCOLS AND FREQUENCY OF NATURAL13
MEDICINE TESTING BY LICENSEES.14
SECTION 21. In Colorado Revised Statutes, add article 50 to15
title 44 as follows:16
ARTICLE 5017
Natural Medicine18
PART 119
COLORADO NATURAL MEDICINE CODE20
44-50-101.  Short title. T
HE SHORT TITLE OF THIS ARTICLE 50 IS21
THE "COLORADO NATURAL MEDICINE CODE".22
44-50-102.  Legislative declaration. (1)  T
HE GENERAL ASSEMBLY23
FINDS AND DECLARES THAT:24
(a)  T
HE PEOPLE OF COLORADO APPROVED STATUTORY MEASURES25
THAT, IN PART, INTENDED TO ENSURE THAT PEOPLE IN COLORADO HAVE26
ACCESS TO REGULATED NATURAL MEDICINE AND REGULATED NATURAL27
SB23-290
-34- MEDICINE PRODUCT;1
(b)  T
HE DEPARTMENT IS UNIQUELY SUITED TO REGULATE THE2
CULTIVATION, MANUFACTURING , TESTING, STORING, DISTRIBUTION,3
TRANSPORTATION, TRANSFERRING, AND DISPENSATION OF REGULATED4
NATURAL MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT5
BECAUSE OF ITS EXPERIENCE AND EXISTING RESOURCES IN REGULATING6
ALCOHOL, TOBACCO, AND MARIJUANA; AND7
(c)  I
T IS NECESSARY TO ENTRUST THE REGULATION OF THE8
CULTIVATION, MANUFACTURING , TESTING, STORING, DISTRIBUTION,9
TRANSPORTATION, TRANSFERRING, AND DISPENSATION OF REGULATED10
NATURAL MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT TO11
THE DEPARTMENT IN ORDER TO IMPLEMENT THE REGULATORY MEASURES12
IN A MANNER THAT HONORS THE INTENT OF THE PEOPLE, PROMOTES PUBLIC13
TRUST, SUPPORTS THE INTEGRITY AND SUSTAINABILITY OF THE14
REGULATORY MEASURES , AND ENSURES REGULATORY EFFICIENCY .15
(2)
  THE GENERAL ASSEMBLY DECLARES THAT THIS ARTICLE 50 IS16
DEEMED AN EXERCISE OF THE POLICE POWERS OF THE STATE FOR THE17
PROTECTION OF THE ECONOMIC AND SOCIAL WELFARE AND THE HEALTH ,18
PEACE, AND MORALS OF THE PEOPLE OF THIS STATE.19
(3)  T
HE GENERAL ASSEMBLY DECLARES THAT IT IS UNLAWFUL20
UNDER STATE LAW TO CULTIVATE , MANUFACTURE, TEST, STORE,21
DISTRIBUTE, TRANSPORT, TRANSFER, AND DISPENSE NATURAL MEDICINE22
OR NATURAL MEDICINE PRODUCT , EXCEPT IN COMPLIANCE WITH THE23
TERMS, CONDITIONS, LIMITATIONS, AND RESTRICTIONS IN THIS ARTICLE 50;24
RULES PROMULGATED PURSUANT TO THIS ARTICLE 50; ARTICLE 170 OF25
TITLE 12; RULES PROMULGATED PURSUANT TO ARTICLE 170 OF TITLE 12;26
ARTICLE 1.5 OF TITLE 25; RULES PROMULGATED PURSUANT TO ARTICLE 1.527
SB23-290
-35- OF TITLE 25; TITLE 16; AND TITLE 18.1
44-50-103.  Definitions. A
S USED IN THIS ARTICLE 50, UNLESS THE2
CONTEXT OTHERWISE REQUIRES :3
(1)  "A
DMINISTRATION SESSION" MEANS A SESSION CONDUCTED AT4
A HEALING CENTER, OR OTHER LOCATION IF PERMITTED BY THIS ARTICLE5
50
 OR RULES PROMULGATED PURSUANT TO THIS ARTICLE 50, DURING6
WHICH A PARTICIPANT CONSUMES AND EXPERIENCES THE EFFECTS OF7
NATURAL MEDICINE UNDER THE SUPERVISION OF A FACILITATOR .8
(2)  "B
OARD" MEANS THE STATE NATURAL MEDICINE ADVISORY9
BOARD CREATED IN SECTION 12-170-106.10
(3)  "D
IRECTOR" MEANS THE DIRECTOR OF THE DIVISION OF11
PROFESSIONS AND OCCUPATIONS OR THE DIRECTOR 'S DESIGNEE.12
(4)  "D
IVISION" MEANS THE DIVISION OF PROFESSIONS AND13
OCCUPATIONS CREATED IN THE DEPARTMENT PURSUANT TO SECTION14
12-20-103.15
(5)  "F
ACILITATOR" MEANS A NATURAL PERSON WHO IS16
TWENTY-ONE YEARS OF AGE OR OLDER , HAS THE NECESSARY17
QUALIFICATIONS, TRAINING, EXPERIENCE, AND KNOWLEDGE TO PERFORM18
AND SUPERVISE NATURAL MEDICINE SERVICES FOR A PARTICIPANT , AND IS19
LICENSED BY THE DIRECTOR TO ENGAGE IN THE PRACTICE OF20
FACILITATION.21
(6)  "H
EALING CENTER" MEANS AN ENTITY LICENSED BY THE STATE22
LICENSING AUTHORITY THAT PERMITS A FACILITATOR TO PROVIDE AND23
SUPERVISE NATURAL MEDICINE SERVICES FOR A PARTICIPANT .24
(7)  "H
EALTH-CARE FACILITY" MEANS AN ENTITY THAT IS25
LICENSED, CERTIFIED, OR OTHERWISE PERMITTED BY LAW TO ADMINISTER26
MEDICAL TREATMENT IN THIS STATE , INCLUDING A HOSPITAL, HOSPICE27
SB23-290
-36- FACILITY, COMMUNITY MENTAL HEALTH CENTER , FEDERALLY QUALIFIED1
HEALTH CENTER, RURAL HEALTH CLINIC, ORGANIZATION PROVIDING A2
PROGRAM OF ALL-INCLUSIVE CARE FOR THE ELDERLY, LONG-TERM CARE3
FACILITY, CONTINUING CARE RETIREMENT COMMUNITY , OR OTHER TYPE OF4
ENTITY WHERE HEALTH CARE IS PROVIDED .5
(8)  "I
NTEGRATION SESSION" MEANS A MEETING BETWEEN A6
PARTICIPANT AND FACILITATOR THAT OCCURS AFTER THE COMPLETION OF7
AN ADMINISTRATION SESSION.8
(9)  "L
ICENSE" MEANS TO GRANT A LICENSE , PERMIT, OR9
REGISTRATION PURSUANT TO THIS ARTICLE 50 OR RULES PROMULGATED10
PURSUANT TO THIS ARTICLE 50.11
(10)  "L
ICENSED PREMISES" MEANS THE PREMISES SPECIFIED IN AN12
APPLICATION FOR A LICENSE PURSUANT TO THIS ARTICLE 50 THAT THE13
LICENSEE OWNS OR IS IN POSSESSION OF AND WITHIN WHICH THE LICENSEE14
IS AUTHORIZED TO CULTIVATE, MANUFACTURE, TEST, STORE, DISTRIBUTE,15
TRANSPORT, TRANSFER, OR DISPENSE NATURAL MEDICINE OR NATURAL16
MEDICINE PRODUCT IN ACCORDANCE WITH THIS ARTICLE 50.17
(11)  "L
ICENSEE" MEANS A PERSON LICENSED , REGISTERED, OR18
PERMITTED PURSUANT TO THIS ARTICLE 50 OR RULES PROMULGATED19
PURSUANT TO THIS ARTICLE 50.20
(12)  "L
OCAL JURISDICTION" MEANS A COUNTY, MUNICIPALITY, OR21
CITY AND COUNTY.22
(13) (a)  "N
ATURAL MEDICINE" MEANS THE FOLLOWING23
SUBSTANCES:24
(I)  P
SILOCYBIN; OR25
(II)  P
SILOCYN.26
(b)  I
N ADDITION TO THE SUBSTANCES LISTED IN SUBSECTION27
SB23-290
-37- (13)(a) OF THIS SECTION, "NATURAL MEDICINE" INCLUDES:1
(I)  D
IMETHYLTRYPTAMINE, IF RECOMMENDED BY THE BOARD AND2
APPROVED BY THE DIRECTOR AND THE EXECUTIVE DIRECTOR OF THE STATE3
LICENSING AUTHORITY FOR INCLUSION ON OR AFTER JUNE 1, 2026;4
(II)  I
BOGAINE, IF RECOMMENDED BY THE BOARD AND APPROVED5
BY THE DIRECTOR AND THE EXECUTIVE DIRECTOR OF THE STATE LICENSING6
AUTHORITY FOR INCLUSION; OR7
(III)  M
ESCALINE, IF RECOMMENDED BY THE BOARD AND APPROVED8
BY THE DIRECTOR AND THE EXECUTIVE DIRECTOR OF THE STATE LICENSING9
AUTHORITY FOR INCLUSION ON OR AFTER JUNE 1, 2026.10
(c)  "N
ATURAL MEDICINE" DOES NOT MEAN A SYNTHETIC OR11
SYNTHETIC ANALOG OF THE SUBSTANCES LISTED IN SUBSECTIONS (13)(a)12
AND (13)(b) OF THIS SECTION, INCLUDING A DERIVATIVE OF A NATURALLY13
OCCURRING COMPOUND OF NATURAL MEDICINE THAT IS PRODUCED USING14
CHEMICAL SYNTHESIS , CHEMICAL MODIFICATION , OR CHEMICAL15
CONVERSION.16
(d)  N
OTWITHSTANDING SUBSECTION (13)(b)(III) OF THIS SECTION, 17
"
MESCALINE" DOES NOT INCLUDE PEYOTE, MEANING ALL PARTS OF THE18
PLANT CLASSIFIED BOTANICALLY AS LOPHOPHORA WILLIAMSII LEMAIRE ,19
WHETHER GROWING OR NOT ; ITS SEEDS; ANY EXTRACT FROM ANY PART OF20
THE PLANT, AND EVERY COMP OUND	, SALT, DERIVATIVE, MIXTURE, OR21
PREPARATION OF THE PLANT; OR ITS SEEDS OR EXTRACTS.22
(14)  "N
ATURAL MEDICINE BUSINESS " MEANS ANY OF THE23
FOLLOWING ENTITIES LICENSED PURSUANT TO THIS ARTICLE 50: A24
NATURAL MEDICINE HEALING CENTER , A NATURAL MEDICINE CULTIVATION25
FACILITY, A NATURAL MEDICINE PRODUCTS MANUFACTURER , OR A26
NATURAL MEDICINE TESTING FACILITY , OR ANOTHER LICENSED ENTITY27
SB23-290
-38- CREATED BY THE STATE LICENSING AUTHORITY .1
(15)  "N
ATURAL MEDICINE PRODUCT" MEANS A PRODUCT INFUSED2
WITH NATURAL MEDICINE THAT IS INTENDED FOR CONSUMPTION .3
(16)  "N
ATURAL MEDICINE SERVICES " MEANS A PREPARATION4
SESSION, ADMINISTRATION SESSION, AND INTEGRATION SESSION PROVIDED5
PURSUANT TO ARTICLE 170 OF TITLE 12.6
(17)  "P
ARTICIPANT" MEANS A PERSON WHO IS TWENTY-ONE YEARS7
OF AGE OR OLDER AND WHO RECEIVES NATURAL MEDICINE SERVICES8
PERFORMED BY AND UNDER THE SUPERVISION OF A FACILITATOR .9
(18)  "P
ERSON" MEANS A NATURAL PERSON OR AN ENTITY .10
(19)  "P
REPARATION SESSION" MEANS A MEETING BETWEEN A11
PARTICIPANT AND FACILITATOR THAT OCCURS BEFORE THE START OF AN12
ADMINISTRATION SESSION. "PREPARATION SESSION" DOES NOT MEAN AN13
INITIAL CONSULTATION OR AN INQUIRY RESPONSE ABOUT NATURAL14
MEDICINE SERVICES.15
(20)  "P
RINCIPLE FILE" MEANS A FILE THAT IS ESTABLISHED BY THE16
STATE LICENSING AUTHORITY AND CONTAINS LICENSING AND17
BACKGROUND INFORMATION FOR AN APPLICANT SEEKING LICENSES18
PURSUANT TO THIS ARTICLE 50.19
(21)  "R
EGULATED NATURAL MEDICINE " MEANS NATURAL20
MEDICINE THAT IS CULTIVATED , MANUFACTURED, TESTED, STORED,21
DISTRIBUTED, TRANSPORTED, TRANSFERRED, OR DISPENSED PURSUANT TO22
THIS ARTICLE 50.23
(22)  "R
EGULATED NATURAL MEDICINE PRODUCT " MEANS NATURAL24
MEDICINE PRODUCT THAT IS CULTIVATED , MANUFACTURED, TESTED,25
STORED, DISTRIBUTED, TRANSPORTED, TRANSFERRED, OR DISPENSED26
PURSUANT TO THIS ARTICLE 50.27
SB23-290
-39- (23)  "REMUNERATION" MEANS ANYTHING OF VALUE, INCLUDING1
MONEY, REAL PROPERTY , TANGIBLE AND INTANGIBLE PERSONAL2
PROPERTY, CONTRACT RIGHT, CHOSE IN ACTION, SERVICE, AND ANY RIGHT3
OF USE OR EMPLOYMENT OR PR OMISE OR AGREEMENT CONNECTED4
THEREWITH.5
(24)  "S
TATE LICENSING AUTHORITY " MEANS THE AUTHORITY6
CREATED FOR THE PURPOSE OF REGULATING AND CONTROLLING THE7
LICENSING OF THE CULTIVATION, MANUFACTURING, TESTING, STORAGE,8
DISTRIBUTION, TRANSPORTATION, TRANSFER, AND DISPENSATION OF9
REGULATED NATURAL MEDICINE AND REGULATED NATURAL MEDICINE10
PRODUCT IN THIS STATE PURSUANT TO SECTION 44-50-201.11
(25)  "T
RANSFER" MEANS TO GRANT, CONVEY, HAND OVER, ASSIGN,12
SELL, EXCHANGE, DONATE, OR BARTER, IN ANY MANNER AND BY ANY13
MEANS, WITH OR WITHOUT REMUNERATION .14
44-50-104.  Applicability. (1)  A
LL BUSINESSES, FOR THE PURPOSE15
OF CULTIVATION, MANUFACTURING, TESTING, STORAGE, DISTRIBUTION,16
TRANSPORT, TRANSFER, AND DISPENSATION OF REGULATED NATURAL17
MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT , AS DEFINED IN18
THIS ARTICLE 50, ARE SUBJECT TO THE TERMS AND CONDITIONS OF THIS19
ARTICLE 50 AND RULES PROMULGATED PURSUANT TO THIS ARTICLE 50.20
(2)  A
 PERSON APPLYING FOR LICENSURE PURSUANT TO THIS21
ARTICLE 50 MUST COMPLETE FORMS AS PROVIDED BY THE STATE22
LICENSING AUTHORITY AND MUST PAY THE APPLICATION FEE AND THE23
LICENSING FEE, WHICH MUST BE CREDITED TO THE REGULATED NATURAL24
MEDICINE DIVISION CASH FUND ESTABLISHED PURSUANT TO SECTION25
44-50-601.
 THE STATE LICENSING AUTHORITY SHALL PRIORITIZE26
REVIEWING APPLICATIONS FROM APPLICANTS WHO HAVE ESTABLISHED27
SB23-290
-40- RESIDENCY IN COLORADO.1
(3)  T
HIS ARTICLE 50 SETS FORTH THE EXCLUSIVE MEANS THAT2
CULTIVATION, MANUFACTURING, TESTING, STORAGE, DISTRIBUTION,3
TRANSPORT, TRANSFER, AND DISPENSATION OF REGULATED NATURAL4
MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT MAY OCCUR IN5
THIS STATE.6
(4) (a)  N
OTHING IN THIS ARTICLE 50 IS INTENDED TO REQUIRE AN7
EMPLOYER TO PERMIT OR ACCOMMODATE THE USE , CONSUMPTION,8
POSSESSION, CULTIVATION, MANUFACTURING , TESTING, STORAGE,9
DISTRIBUTION, TRANSPORT, TRANSFER, AND DISPENSATION OF NATURAL10
MEDICINE OR NATURAL MEDICINE PRODUCT IN THE WORKPLACE OR TO11
AFFECT THE ABILITY OF EMPLOYERS TO HAVE POLICIES RESTRICTING THE12
USE OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT BY13
EMPLOYEES IN THE WORKPLACE .14
(b)  N
OTHING IN THIS ARTICLE 50 PROHIBITS A PERSON, EMPLOYER,15
SCHOOL, HOSPITAL, DETENTION FACILITY, CORPORATION, OR ANY OTHER16
ENTITY THAT OCCUPIES , OWNS, OR CONTROLS A PROPERTY FROM17
PROHIBITING OR OTHERWISE REGULATING THE CULTIVATION	,18
MANUFACTURING, TESTING, STORAGE, DISTRIBUTION, TRANSPORT,19
TRANSFER, AND DISPENSATION OF NATURAL MEDICINE OR NATURAL20
MEDICINE PRODUCT ON OR IN THAT PROPERTY .21
(5) (a)  A
 LOCAL JURISDICTION MAY ENACT ORDINANCES OR22
REGULATIONS GOVERNING THE TIME , PLACE, AND MANNER OF THE23
OPERATION OF LICENSES ISSUED PURSUANT TO THIS ARTICLE 50 WITHIN ITS24
BOUNDARIES.25
(b)  A
 LOCAL JURISDICTION MAY NOT PROHIBIT THE26
ESTABLISHMENT OR OPERATION OF LICENSES PURSUANT TO THIS ARTICLE27
SB23-290
-41- 50 WITHIN ITS BOUNDARIES.1
(c)  A
 LOCAL JURISDICTION MAY NOT PROHIBIT THE2
TRANSPORTATION OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT3
WITHIN ITS BOUNDARIES ON PUBLIC ROADS BY A PERSON LICENSED TO4
EXERCISE SUCH PRIVILEGES PURSUANT TO THIS ARTICLE 50.5
(d)  A
 LOCAL JURISDICTION MAY NOT ADOPT ORDINANCES OR6
REGULATIONS THAT ARE UNREASONABLE OR CONFLICT WITH THIS ARTICLE7
50.8
PART 29
STATE LICENSING AUTHORITY10
44-50-201.  State licensing authority - creation. (1)  F
OR THE11
PURPOSE OF REGULATING AND LICENSING THE CULTIVATION	,12
MANUFACTURING, TESTING, STORAGE, DISTRIBUTION, TRANSPORT,13
TRANSFER, AND DISPENSATION OF NATURAL MEDICINE OR NATURAL14
MEDICINE PRODUCT BY AND BETWEEN NATURAL MEDICINE LICENSEES IN15
THIS STATE, THERE IS CREATED THE STATE LICENSING AUTHORITY , WHICH16
IS THE EXECUTIVE DIRECTOR , OR THE DIRECTOR OF THE NATURAL17
MEDICINE DIVISION IF DESIGNATED BY THE EXECUTIVE DIRECTOR .18
(2)  T
HE EXECUTIVE DIRECTOR IS THE CHIEF ADMINISTRATIVE19
OFFICER OF THE STATE LICENSING AUTHORITY AND MAY EMPLOY ,20
PURSUANT TO SECTION 13 OF ARTICLE XII OF THE STATE CONSTITUTION,21
SUCH OFFICERS AND EMPLOYEES AS DETERMINED TO BE NECESSARY . THE22
OFFICERS AND EMPLOYEES ARE A PART OF THE DEPARTMENT .23
(3)  T
HE EXECUTIVE DIRECTOR OF THE STATE LICENSING24
AUTHORITY OR A STATE LICENSING AUTHORITY EMPLOYEE WITH25
REGULATORY OVERSIGHT RESPONSIBILITIES FOR THE NATURAL MEDICINE26
LICENSEES THAT ARE LICENSED BY THE STATE LICENSING AUTHORITY27
SB23-290
-42- SHALL NOT WORK FOR, REPRESENT, PROVIDE CONSULTING SERVICES TO, OR1
OTHERWISE DERIVE PECUNIARY GAIN FROM A NATURAL MEDICINE2
LICENSEE THAT IS LICENSED BY THE STATE LICENSING AUTHORITY OR ANY3
OTHER BUSINESS ESTABLISHED FOR THE PRIMARY PURPOSE OF PROVIDING4
SERVICES TO THE NATURAL MEDICINE INDUSTRY FOR A PERIOD OF SIX5
MONTHS AFTER THE EMPLOYEE 'S LAST DAY OF EMPLOYMENT WITH THE6
STATE LICENSING AUTHORITY.7
44-50-202.  Powers and duties of state licensing authority -8
report. (1)  T
HE STATE LICENSING AUTHORITY SHALL :9
(a)  B
EGINNING ON OR BEFORE DECEMBER 31, 2024, GRANT OR10
REFUSE STATE LICENSES FOR THE CULTIVATION , MANUFACTURING,11
TESTING, STORAGE, DISTRIBUTION, TRANSPORT, TRANSFER, AND12
DISPENSATION OF REGULATED NATURAL MEDICINE OR REGULATED13
NATURAL MEDICINE PRODUCT ; SUSPEND, FINE, RESTRICT, OR REVOKE SUCH14
LICENSES, WHETHER ACTIVE , EXPIRED, OR SURRENDERED , UPON A15
VIOLATION OF THIS ARTICLE 50 OR A RULE PROMULGATED PURSUANT TO16
THIS ARTICLE 50; AND IMPOSE ANY PENALTY AUTHORIZED BY THIS17
ARTICLE 50 OR A RULE PROMULGATED PURSUANT TO THIS ARTICLE 50. THE18
STATE LICENSING AUTHORITY MAY TAKE ANY ACTION WITH RESPECT TO A19
REGISTRATION OR PERMIT PURSUANT TO THIS ARTICLE 50 AS IT MAY WITH20
RESPECT TO A LICENSE ISSUED PURSUANT TO THIS ARTICLE 50, IN21
ACCORDANCE WITH THE PROCEDURES ESTABLISHED PURSUANT TO THIS22
ARTICLE 50.23
(b)  P
ROMULGATE RULES FOR THE PROPER REGULATION AND24
CONTROL OF THE CULTIVATION , MANUFACTURING, TESTING, STORAGE,25
DISTRIBUTION, TRANSPORT, TRANSFER, AND DISPENSATION OF REGULATED26
NATURAL MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT AND27
SB23-290
-43- FOR THE ENFORCEMENT OF THIS ARTICLE 50 AND PROMULGATE AMENDED1
RULES AND SUCH SPECIAL RULINGS AND FINDINGS AS NECESSARY ;2
(c)  C
ONDUCT INVESTIGATIONS AND HEARINGS , GATHER EVIDENCE,3
AND PURSUE DISCIPLINARY ACTIONS WITH RESPECT TO LICENSES WHEN4
THE STATE LICENSING AUTHORITY HAS REASONABLE CAUSE TO BELIEVE5
THAT A PERSON OR ENTITY IS VIOLATING THIS ARTICLE 50 OR A RULE6
PROMULGATED PURSUANT TO THIS ARTICLE 50;7
(d) (I)  P
ETITION A DISTRICT COURT FOR AN INVESTIGATIVE8
SUBPOENA APPLICABLE TO A PERSON WHO IS NOT LICENSED PURSUANT TO9
THIS ARTICLE 50 TO OBTAIN DOCUMENTS OR INFORMATION NECESSARY TO10
ENFORCE A PROVISION OF THIS ARTICLE 50 OR A RULE PROMULGATED11
PURSUANT TO THIS ARTICLE 50 AFTER REASONABLE EFFORTS HAVE BEEN12
MADE TO OBTAIN REQUESTED DOCUMENTS OR INFORMATION WITHOUT A13
SUBPOENA;14
(II)  A
PPLY TO ANY COURT OF COMPETENT JURISDICTION TO15
TEMPORARILY RESTRAIN OR PRELIMINARILY OR PERMANENTLY ENJOIN THE16
ACT IN QUESTION OF A PERSON WHO IS NOT LICENSED PURSUANT TO THIS17
ARTICLE 50 AND TO ENFORCE COMPLIANCE WITH THIS ARTICLE 50 OR A18
RULE PROMULGATED PURSUANT TO THIS ARTICLE 50 WHENEVER IT19
APPEARS TO THE DIRECTOR UPON SUFFICIENT EVIDENCE SATISFACTORY TO20
THE DIRECTOR THAT A PERSON HAS BEEN OR IS COMMITTING AN ACT21
PROHIBITED BY THIS ARTICLE 50 OR A RULE PROMULGATED PURSUANT TO22
THIS ARTICLE 50, AND THE ACT:23
(A)  T
HREATENS PUBLIC HEALTH OR SAFETY ; OR24
(B)  C
ONSTITUTES AN UNLAWFUL ACT FOR WHICH THE PERSON25
DOES NOT HOLD THE REQUIRED LICENSE PURSUANT TO THIS ARTICLE 50;26
(e)  H
EAR AND DETERMINE AT A PUBLIC HEARING ANY CONTESTED27
SB23-290
-44- STATE LICENSE DENIAL AND ANY COMPLAINTS AGAINST A LICENSEE , AND1
ADMINISTER OATHS AND ISSUE SUBPOENAS TO REQUIRE THE PRESENCE OF2
PERSONS AND THE PRODUCTION OF PAPERS , BOOKS, AND RECORDS3
NECESSARY TO THE DETERMINATION OF ANY HEARING SO HELD , ALL IN4
ACCORDANCE WITH ARTICLE 4 OF TITLE 24. THE STATE LICENSING5
AUTHORITY MAY, IN ITS DISCRETION, DELEGATE TO THE DEPARTMENT 'S6
HEARING OFFICERS THE AUTHORITY TO CONDUCT LICENSING	,7
DISCIPLINARY, AND RULE-MAKING HEARINGS PURSUANT TO SECTION8
24-4-105.
 WHEN CONDUCTING THE HEARINGS, THE HEARING OFFICERS ARE9
EMPLOYEES OF THE STATE LICENSING AUTHORITY UNDER THE DIRECTION10
AND SUPERVISION OF THE EXECUTIVE DIRECTOR AND THE STATE LICENSING11
AUTHORITY.12
(f)  D
EVELOP FORMS, LICENSES, IDENTIFICATION CARDS, AND13
APPLICATIONS AS NECESSARY OR CONVENIENT IN THE DISCRETION OF THE14
STATE LICENSING AUTHORITY FOR THE ADMINISTRATION OF THIS ARTICLE15
50
 OR A RULE PROMULGATED PURSUANT TO THIS ARTICLE 50;16
(g)  I
N COORDINATION WITH THE DIVISION OF PROFESSIONS AND17
OCCUPATIONS WITHIN THE DEPARTMENT OF REGULATORY AGENCIES18
PURSUANT TO SECTION 12-170-105 (1)(j), ANNUALLY PUBLISH A PUBLICLY19
AVAILABLE REPORT CONCERNING THE IMPLEMENTATION AND20
ADMINISTRATION OF THIS ARTICLE 50 AND ARTICLE 170 OF TITLE 12. THE21
REPORT MUST USE RELEVANT DATA , AS DETERMINED BY THE STATE22
LICENSING AUTHORITY AND THE DIRECTOR , AND MUST NOT DISCLOSE THE23
IDENTITY OF ANY PARTICIPANT OR INCLUDE ANY INFORMATION THAT24
COULD DISCLOSE THE IDENTITY OF A PARTICIPANT .25
(h)  D
EVELOP AND PROMOTE ACCURATE PUBLIC EDUCATION26
CAMPAIGNS RELATED TO THE USE OF NATURAL MEDICINE OR NATURAL27
SB23-290
-45- MEDICINE PRODUCT, INCLUDING PUBLIC SERVICE ANNOUNCEMENTS ,1
EDUCATIONAL MATERIALS , AND APPROPRIATE CRISIS RESPONSE2
MATERIALS, AND DEVELOP AND PROMOTE TRAINING MATERIALS FOR FIRST3
RESPONDERS AND MULTI-RESPONDERS, INCLUDING LAW ENFORCEMENT ,4
EMERGENCY MEDICAL PROVIDERS , SOCIAL SERVICES PROVIDERS, AND FIRE5
FIGHTERS.6
(2)  N
OTHING IN THIS ARTICLE 50 DELEGATES TO THE STATE7
LICENSING AUTHORITY THE POWER TO FIX PRICES FOR REGULATED8
NATURAL MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT .9
(3)  N
OTHING IN THIS ARTICLE 50 LIMITS A LAW ENFORCEMENT10
AGENCY'S ABILITY TO INVESTIGATE UNLAWFUL ACTIVITY IN RELATION TO11
A NATURAL MEDICINE LICENSEE. A LAW ENFORCEMENT AGENCY HAS THE12
AUTHORITY TO RUN A COLORADO CRIME INFORMATION CENTER CRIMINAL13
HISTORY RECORD CHECK OF A LICENSEE OR EMPLOYEE OF A LICENSEE14
DURING AN INVESTIGATION OF UNLAWFUL ACTIVITY RELATED TO NATURAL15
MEDICINE OR NATURAL MEDICINE PRODUCT .16
(4)  T
HE STATE LICENSING AUTHORITY SHALL COORDINATE WITH17
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND18
ENVIRONMENT CONCERNING THE ESTABLISHMENT OF STANDARDS FOR19
LICENSING LABORATORIES PURSUANT TO THE REQUIREMENTS OUTLINED20
IN SECTION 25-1.5-120 FOR REGULATED NATURAL MEDICINE AND21
REGULATED NATURAL MEDICINE PRODUCT .22
(5)  T
HE STATE LICENSING AUTHORITY SHALL, WHEN FINANCIALLY23
FEASIBLE, ESTABLISH PROCEDURES, POLICIES, AND PROGRAMS TO ENSURE24
THIS ARTICLE 50 AND RULES PROMULGATED PURSUANT TO THIS ARTICLE25
50
 ARE EQUITABLE AND INCLUSIVE , PROMOTE THE LICENSING ,26
REGISTRATION, AND PERMITTING OF , AND PROVISION OF NATURAL27
SB23-290
-46- MEDICINE AND NATURAL MEDICINE PRODUCT TO , PERSONS FROM1
COMMUNITIES THAT HAVE BEEN DISPROPORTIONATELY HARMED BY HIGH2
RATES OF ARREST FOR CONTROLLED SUBSTANCES , PERSONS WHO FACE3
BARRIERS TO HEALTH-CARE ACCESS, PERSONS WHO HAVE TRADITIONAL OR4
I
NDIGENOUS HISTORY WITH NATURAL MEDICINE OR NATURAL MEDICINE5
PRODUCT, OR TO PERSONS WHO ARE VETERANS . THE STATE LICENSING6
AUTHORITY MAY CONSULT THE BOARD WHEN CONSIDERING PROCEDURES	,7
POLICIES, AND PROGRAMS PURSUANT TO THIS SUBSECTION (5).8
(6)  T
HE STATE LICENSING AUTHORITY HAS AUTHORITY TO COLLECT9
AVAILABLE AND RELEVANT DATA NECESSARY TO PERFORM FUNCTIONS10
AND DUTIES NECESSARY TO ADMINISTER THIS ARTICLE 50.11
(7)  T
HE STATE LICENSING AUTHORITY SHALL PERFORM OTHER12
FUNCTIONS AND DUTIES NECESSARY TO ADMINISTER THIS ARTICLE 50.13
44-50-203.  State licensing authority - rules - legislative14
declaration. (1)  Mandatory rule-making. R
ULES PROMULGATED15
PURSUANT TO SECTION 44-50-202 (1)(b) MUST INCLUDE THE FOLLOWING16
SUBJECTS:17
(a)  P
ROCEDURES AND REQUIREMENTS CONSISTENT WITH THIS18
ARTICLE 50 FOR THE ISSUANCE, DENIAL, RENEWAL, REINSTATEMENT,19
MODIFICATION, SUSPENSION, AND REVOCATION OF LICENSES;20
(b)  O
VERSIGHT REQUIREMENTS FOR LICENSEES ;21
(c)  A
 SCHEDULE OF APPLICATION, LICENSING, AND RENEWAL FEES22
FOR LICENSES;23
(d)  Q
UALIFICATIONS AND ELIGIBILITY REQUIREMENTS FOR24
LICENSURE PURSUANT TO THIS ARTICLE 50, INCLUDING CONTINUING25
ELIGIBILITY EXPECTATIONS, INCLUDING TIMELY PAYING TAXES OWED TO26
THE DEPARTMENT OF REVENUE, TIMELY FILING TAX RETURNS, AND TIMELY27
SB23-290
-47- CURING ANY TAX DEFICIENCIES , AND AUTHORIZATION FOR THE1
DEPARTMENT OF REVENUE TO HAVE ACCESS TO LICENSING INFORMATION2
TO ENSURE TAX PAYMENT FOR THE EFFECTIVE ADMINISTRATION OF THIS3
ARTICLE 50;4
(e)  P
ERMISSIBLE AND PROHIBITED FINANCIAL INTERESTS IN A5
LICENSE ISSUED PURSUANT TO THIS ARTICLE 50 OR A LICENSE ISSUED6
PURSUANT TO ARTICLE 170 OF TITLE 12; EXCEPT THAT A PERSON MAY NOT7
HAVE A FINANCIAL INTEREST IN MORE THAN THREE NATURAL MEDICINE8
BUSINESS LICENSES;9
(f) (I)  E
STABLISHMENT OF A NATURAL MEDICINE INDEPENDENT10
TESTING AND CERTIFICATION PROGRAM FOR LICENSEES WITHIN AN11
IMPLEMENTATION TIME FRAME ESTABLISHED BY THE DIVISION , REQUIRING12
LICENSEES TO TEST REGULATED NATURAL MEDICINE AND REGULATED13
NATURAL MEDICINE PRODUCT TO ENSURE , AT A MINIMUM , THAT14
REGULATED NATURAL MEDICINE AND REGULATED NATURAL MEDICINE15
PRODUCT TRANSFERRED FOR HUMAN CONSUMPTION BY PERSONS LICENSED16
PURSUANT TO THIS ARTICLE 50 DO NOT CONTAIN CONTAMINANTS THAT17
ARE INJURIOUS TO HEALTH AND TO ENSURE CORRECT LABELING , AS WELL18
AS:19
(A)  C
ERTIFICATION REQUIREMENTS FOR LABORATORIES THAT TEST20
REGULATED NATURAL MEDICINE AND REGULATED NATURAL MEDICINE21
PRODUCT, AND REQUIREMENTS THAT THE TEST RESULTS PRODUCED BY A22
LABORATORY MUST NOT BE USED UNLESS THE LABORATORY IS CERTIFIED ;23
(B)  T
ESTING PROCEDURES AND FREQUENCY OF REGULATED24
NATURAL MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT BY25
LICENSEES;26
(C)  W
HETHER TO ALLOW FOR ANY NATURAL PERSON TO REQUEST27
SB23-290
-48- AND UTILIZE TESTING SERVICES OF NATURAL MEDICINE AND NATURAL1
MEDICINE PRODUCT IF THE NATURAL PERSON IS TWENTY -ONE YEARS OF2
AGE OR OLDER;3
(D)  D
EFINITIONS, PERMISSIONS, AND PROHIBITIONS CONCERNING4
CONFLICTS OF INTEREST RELATED TO , AND ECONOMIC INTERESTS FOR ,5
PERSONS WHO OWN OR ARE ASSOCIATED WITH A NATURAL MEDICINE6
TESTING LICENSE AND OTHER LICENSES; AND7
(E)  P
ROCEDURES AND REQUIREMENTS NECESSARY TO FACILITATE8
THE COORDINATION OF DUTIES WITH RESPECT TO THE NATURAL MEDICINE9
TESTING AND CERTIFICATION PROGRAM WITH THE DEPARTMENT OF PUBLIC10
HEALTH AND ENVIRONMENT .11
(II)  T
HE STATE LICENSING AUTHORITY SHALL PROMULGATE RULES12
PURSUANT TO THIS SUBSECTION (1)(f) IN COORDINATION WITH THE13
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT TO ENSURE14
CONSISTENCY BETWEEN RULES .15
(g)  T
HE REGULATION OF A LICENSED PREMISES, INCLUDING RULES16
THAT ALLOW A NATURAL MEDICINE HEALING CENTER LICENSEE 'S LICENSED17
PREMISES TO BE CO-LOCATED WITH ANOTHER NATURAL MEDICINE HEALING18
CENTER LICENSEE'S LICENSED PREMISES OR A HEALTH-CARE FACILITY;19
(h)  R
EQUIREMENTS FOR THE TRANSPORTATION OF REGULATED20
NATURAL MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT ,21
INCLUDING:22
(I)  S
ECURITY REQUIREMENTS;23
(II)  T
RANSPORTATION VEHICLE REQUIREMENTS , INCLUDING24
REQUIREMENTS FOR SURVEILLANCE ;25
(III)  L
IMITS ON THE AMOUNT OF REGULATED NATURAL MEDICINE26
AND REGULATED NATURAL MEDICINE PRODUCT THAT MAY BE CARRIED IN27
SB23-290
-49- A TRANSPORTATION VEHICLE;1
(IV)  R
ECORD-KEEPING REQUIREMENTS; AND2
(V)  T
RANSPORTATION MANIFEST REQUIREMENTS ;3
(i)  L
IMITS ON THE AMOUNT OF REGULATED NATURAL MEDICINE4
AND REGULATED NATURAL MEDICINE PRODUCT THAT IS ALLOWED FOR5
PRODUCTION BY A NATURAL MEDICINE CULTIVATION FACILITY LICENSE OR6
NATURAL MEDICINE PRODUCT MANUFACTURER LICENSE BASED ON A7
METRIC OR SET OF METRICS. WHEN CONSIDERING ANY LIMITATIONS , THE8
STATE LICENSING AUTHORITY SHALL CONSIDER THE TOTAL CURRENT AND9
ANTICIPATED DEMAND FOR REGULATED NATURAL MEDICINE AND10
REGULATED NATURAL MEDICINE PRODUCT IN COLORADO AND ATTEMPT TO11
MINIMIZE THE MARKET FOR UNLAWFUL NATURAL MEDICINE AND NATURAL12
MEDICINE PRODUCT.13
(j)  R
ECORDS TO BE KEPT BY LICENSEES AND THE REQUIRED14
AVAILABILITY OF THE RECORDS FOR INSPECTION BY THE STATE LICENSING15
AUTHORITY;16
(k)  R
EQUIREMENTS TO PREVENT THE TRANSFER OR DIVERSION OF17
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT TO PERSONS UNDER18
TWENTY-ONE YEARS OF AGE;19
(l)  P
ERMITTED AND PROHIBITED TRANSFERS OF REGULATED20
NATURAL MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT21
BETWEEN LICENSEES;22
(m)  S
TANDARDS FOR ADVERTISING AND MARKETING A LICENSEE 'S23
SERVICES, INCLUDING: AVOIDING THE MISAPPROPRIATION AND24
EXPLOITATION OF INDIGENOUS PEOPLE, COMMUNITIES, CULTURES, AND25
RELIGIONS; AVOIDING THE EXCESSIVE COMMERCIALIZATION OF NATURAL26
MEDICINE, NATURAL MEDICINE PRODUCT , AND NATURAL MEDICINE27
SB23-290
-50- SERVICES; PROHIBITING ADVERTISING AND MARKETING OF NATURAL1
MEDICINE, NATURAL MEDICINE PRODUCT , AND NATURAL MEDICINE2
SERVICES DIRECTED TO INDIVIDUALS WHO ARE UNDER TWENTY	-ONE YEARS3
OF AGE; AND OTHER PARAMETERS DETERMINE D NECESSARY BY THE STATE4
LICENSING AUTHORITY.5
(n)  T
HE STANDARDS FOR QUALIFICATION AS A LICENSEE ,6
INCLUDING ENVIRONMENTAL , SOCIAL, AND GOVERNANCE CRITERIA7
DIRECTED TO THE FINDINGS AND DECLARATIONS SET FORTH IN SECTION8
12-170-102.9
(2)  Permissive rule-making. R
ULES PROMULGATED PURSUANT TO10
SECTION 44-50-202 (1)(b) MAY INCLUDE, BUT NEED NOT BE LIMITED TO,11
THE FOLLOWING SUBJECTS:12
(a)  E
STABLISHMENT OF LICENSES , AND THE PRIVILEGES AND13
RESTRICTIONS PURSUANT TO SUCH LICENSES , DETERMINED NECESSARY BY14
THE STATE LICENSING AUTHORITY TO IMPLEMENT OR ADMINISTER THIS15
ARTICLE 50;16
(b)  E
STABLISHMENT OF A PRINCIPLE FILE PROCESS AND17
REQUIREMENTS FOR AN APPLICANT SEEKING TO EXERCISE THE PRIVILEGES18
OF A LICENSE TYPE IN MULTIPLE LOCATIONS OR SEEKING TO EXERCISE THE19
PRIVILEGES OF MULTIPLE LICENSE TYPES;20
(c)  R
EQUIREMENTS FOR ISSUANCE OF CO-LOCATION PERMITS TO A21
LICENSEE AUTHORIZING CO-LOCATION WITH ANOTHER LICENSED PREMISES ;22
(d)  R
EQUIREMENTS AND RESTRICTIONS ON DIFFERENT TYPES OF23
REGULATED NATURAL MEDICINE OR REGULATED NATURAL MEDICINE24
PRODUCT;25
(e)  P
ACKAGING AND LABELING REQUIREMENTS FOR REGULATED26
NATURAL MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT ,27
SB23-290
-51- INCLUDING:1
(I)  W
ARNING LABELS;2
(II)  I
NDIVIDUAL SERVING AND PER-PACKAGE SERVING AMOUNTS ;3
AND4
(III)  C
ONCENTRATION OF THE REGULATED NATURAL MEDICINE OR5
REGULATED NATURAL MEDICINE PRODUCT ;6
(f)  S
ECURITY REQUIREMENTS FOR LICENSED PREMISES , INCLUDING7
LIGHTING, PHYSICAL SECURITY, VIDEO, AND ALARM REQUIREMENTS , AND8
OTHER MINIMUM PROCEDURES FOR INTERNAL CONTROL AS DEEMED9
NECESSARY BY THE STATE LICENSING AUTHORITY TO PROPERLY10
ADMINISTER AND ENFORCE THE PROVISIONS OF THIS ARTICLE 50,11
INCLUDING REPORTING REQUIREMENTS FOR CHANGES , ALTERATIONS,12
MODIFICATIONS TO THE PREMISES, OR ACTIVITIES OR INCIDENTS ON THE13
PREMISES;14
(g)  H
EALTH AND SAFETY REGULATIONS AND STANDARDS ;15
(h)  S
ANITARY REQUIREMENTS;16
(i)  W
ASTE, DISPOSAL, AND DESTRUCTION REQUIREMENTS OF17
REGULATED NATURAL MEDICINE OR REGULATED NATURAL MEDICINE18
PRODUCT, INCLUDING RECORD-KEEPING REQUIREMENTS;19
(j)  S
TORAGE AND TRANSPORTATION OF REGULATED NATURAL20
MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT ;21
(k)  R
EQUIREMENTS OF LICENSEES TO TRACK AND MANAGE22
INVENTORY;23
(l)  C
OMPLIANCE WITH, ENFORCEMENT OF, OR VIOLATION OF ANY24
PROVISION OF THIS ARTICLE 50, ARTICLE 18 OF TITLE 18, OR ANY RULE25
PROMULGATED PURSUANT TO THIS ARTICLE 50, INCLUDING PROCEDURES26
AND GROUNDS FOR DENYING , SUSPENDING, FINING, MODIFYING,27
SB23-290
-52- RESTRICTING, OR REVOKING A STATE LICENSE ISSUED PURSUANT TO THIS1
ARTICLE 50 OR ANY RULE PROMULGATED PURSUANT TO THIS ARTICLE 50;2
(m)  E
STABLISHING A SCHEDULE OF PENALTIES FOR ALLEGED3
VIOLATIONS OF STATUTES AND RULES ;4
(n)  S
PECIFICATIONS OF DUTIES OF OFFICERS AND EMPLOYEES OF5
THE STATE LICENSING AUTHORITY;6
(o)  I
NSTRUCTIONS FOR LAW ENFORCEMENT OFFICERS ;7
(p)  R
EQUIREMENTS FOR INSPECTIONS, INVESTIGATIONS, SEARCHES,8
SEIZURES, FORFEITURES, EMBARGO, QUARANTINE, RECALLS, AND SUCH9
ADDITIONAL ACTIVITIES AS MAY BECOME NECESSARY ;10
(q)  P
ROHIBITION OF MISREPRESENTATION AND UNFAIR PRACTICES ;11
AND12
(r)  S
UCH OTHER MATTERS AS ARE NECESSARY FOR THE FAIR ,13
IMPARTIAL, STRINGENT, AND COMPREHENSIVE ADMINISTRATION OF THIS14
ARTICLE 50.15
(3)  T
HE STATE LICENSING AUTHORITY SHALL CONSULT THE BOARD16
WHEN CONSIDERING AND PROMULGATING RULES PURSUANT TO THIS17
SECTION.18
(4) (a)  T
HE STATE LICENSING AUTHORITY MAY , BY RULE,19
ESTABLISH PROCEDURES FOR THE CONDITIONAL ISSUANCE OF AN20
EMPLOYEE LICENSE IDENTIFICATION CARD AT THE TIME OF APPLICATION .21
(b) (I)  T
HE STATE LICENSING AUTHORITY SHALL BASE ITS22
ISSUANCE OF AN EMPLOYEE LICENSE IDENTIFICATION CARD PURSUANT TO23
THIS SUBSECTION (4) ON THE RESULTS OF AN INITIAL INVESTIGATION THAT24
DEMONSTRATES THE APPLICANT IS QUALIFIED TO HOLD A LICENSE . THE25
EMPLOYEE LICENSE APPLICATION FOR WHICH AN EMPLOYEE LICENSE26
IDENTIFICATION CARD WAS ISSUED PURSUANT TO THIS SUBSECTION (4)27
SB23-290
-53- REMAINS SUBJECT TO DENIAL PENDING THE COMPLETE RESULTS OF THE1
APPLICANT'S INITIAL FINGERPRINT-BASED CRIMINAL HISTORY RECORD2
CHECK.3
(II)  R
ESULTS OF A FINGERPRINT-BASED CRIMINAL HISTORY RECORD4
CHECK THAT DEMONSTRATE THAT AN APPLICANT POSSESSING AN5
EMPLOYEE LICENSE IDENTIFICATION CARD PURSUANT TO THIS SUBSECTION6
(4)
 IS NOT QUALIFIED TO HOLD A LICENSE ISSUED PURSUANT TO THIS7
ARTICLE 50 ARE GROUNDS FOR DENIAL OF THE EMPLOYEE LICENSE8
APPLICATION. IF THE EMPLOYEE LICENSE APPLICATION IS DENIED , THE9
APPLICANT SHALL RETURN THE EMPLOYEE LICENSE IDENTIFICATION CARD10
TO THE STATE LICENSING AUTHORITY WITHIN A TIME PERIOD THAT THE11
STATE LICENSING AUTHORITY ESTABLISHES BY RULE .12
44-50-204.  Confidentiality. (1)  T
HE STATE LICENSING13
AUTHORITY SHALL MAINTAIN THE CONFIDENTIALITY OF :14
(a)  R
EPORTS OR OTHER INFORMATION OBTAINED FROM A LICENSEE15
OR A LICENSE APPLICANT CONTAINING ANY INDIVIDUALIZED DATA ,16
INFORMATION, OR RECORDS RELATED TO THE APPLICANT ; LICENSEE;17
LICENSEE'S OPERATION, INCLUDING SALES INFORMATION , LEASES,18
BUSINESS ORGANIZATION RECORDS , FINANCIAL RECORDS, TAX RETURNS,19
CREDIT REPORTS, CULTIVATION INFORMATION , TESTING RESULTS, AND20
SECURITY INFORMATION AND PLANS ; ANY PARTICIPANT INFORMATION; OR21
ANY OTHER RECORDS THAT ARE EXEMPT FROM PUBLIC INSPECTION22
PURSUANT TO STATE LAW. SUCH REPORTS OR OTHER INFORMATION MAY23
BE USED ONLY FOR A PURPOSE AUTHORIZED BY THIS ARTICLE 50 OR A RULE24
PROMULGATED PURSUANT TO THIS ARTICLE 50 FOR INVESTIGATION OR25
ENFORCEMENT OF ANY INTERNATIONAL , FEDERAL, STATE, OR LOCAL26
SECURITIES LAW OR REGULATION , OR FOR ANY OTHER STATE OR LOCAL27
SB23-290
-54- LAW ENFORCEMENT PURPOSE . ANY INFORMATION RELEASED RELATED TO1
A PARTICIPANT MAY BE USED ONLY FOR A PURPOSE AUTHORIZED BY THIS2
ARTICLE 50, AS A PART OF AN ACTIVE INVESTIGATION , AS A PART OF A3
PROCEEDING AUTHORIZED BY THIS ARTICLE 50, OR FOR ANY STATE OR4
LOCAL LAW ENFORCEMENT PURPOSE INVOLVING EVIDENCE OF SALES5
TRANSACTIONS IN VIOLATION OF THIS ARTICLE 50 OR EVIDENCE OF6
CRIMINAL ACTIVITY. THE INFORMATION OR RECORDS RELATED TO A7
PARTICIPANT CONSTITUTE MEDICAL DATA AS DESCRIBED BY SECTION8
24-72-204 (3)(a)(I), 
AND THE INFORMATION OR RECORDS MAY ONLY BE9
DISCLOSED TO THOSE PERSONS DIRECTLY INVOLVED WITH AN ACTIVE10
INVESTIGATION OR PROCEEDING.11
(b)  I
NVESTIGATIVE RECORDS AND DOCUMENTS RELATED TO12
ONGOING INVESTIGATIONS. THOSE RECORDS AND DOCUMENTS MAY BE13
USED ONLY FOR A PURPOSE AUTHORIZED BY THIS ARTICLE 50 OR RULES14
PROMULGATED BY THIS ARTICLE 50, OR FOR ANY OTHER STATE OR LOCAL15
LAW ENFORCEMENT PURPOSE .16
(c)  C
OMPUTER SYSTEMS MAINTAINED BY THE STATE LICENSING17
AUTHORITY AND THE VENDORS WITH WHICH THE STATE LICENSING18
AUTHORITY HAS CONTRACTED .19
(2)  T
HE STATE LICENSING AUTHORITY SHALL MAKE AVAILABLE20
FOR PUBLIC INSPECTION:21
(a)  D
OCUMENTS RELATED TO FINAL AGENCY ACTIONS AND22
ORDERS;23
(b)  R
ECORDS RELATED TO TESTING ON AN AGGREGATED AND24
DE-IDENTIFIED BASIS;25
(c)  D
EMOGRAPHIC INFORMATION RELATED TO APPLICANTS AND26
LICENSEES AVAILABLE ON AN AGGREGATED AND DE -IDENTIFIED BASIS;27
SB23-290
-55- AND1
(d)  E
NFORCEMENT FORMS AND COMPLIANCE CHECKLISTS .2
PART 33
LICENSE TYPES4
44-50-301.  Classes of licenses. (1)  F
OR THE PURPOSE OF5
REGULATING THE CULTIVATION , MANUFACTURING, TESTING, STORAGE,6
DISTRIBUTION, TRANSPORT, TRANSFER, AND DISPENSATION OF REGULATED7
NATURAL MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT , THE8
STATE LICENSING AUTHORITY IN ITS DISCRETION , UPON APPLICATION IN9
THE PRESCRIBED FORM, MAY ISSUE AND GRANT TO THE APPLICANT A10
LICENSE FROM ANY OF THE CLASSES LISTED IN SUBSECTION (2) OF THIS11
SECTION, SUBJECT TO THE PROVISIONS AND RESTRICTIONS PROVIDED BY12
THIS ARTICLE 50 OR A RULE PROMULGATED PURSUANT TO THIS ARTICLE 50.13
(2) (a)  T
HE FOLLOWING ARE NATURAL MEDICINE BUSINESS14
LICENSES:15
(I)  N
ATURAL MEDICINE HEALING CENTER LICENSE ;16
(II)  N
ATURAL MEDICINE CULTIVATION FACILITY LICENSE ;17
(III)  N
ATURAL MEDICINE PRODUCT MANUFACTURER LICENSE ;18
(IV)  N
ATURAL MEDICINE TESTING FACILITY LICENSE ; AND19
(V)  A
NY NATURAL MEDICINE BUSINESS LICENSE DETERMINED20
NECESSARY BY THE STATE LICENSING AUTHORITY .21
(b)  T
HE FOLLOWING ARE NATURAL MEDICINE LICENSES OR22
REGISTRATIONS: OCCUPATIONAL LICENSES AND REGISTRATIONS FOR23
OWNERS, MANAGERS, OPERATORS, EMPLOYEES, CONTRACTORS, AND24
OTHER SUPPORT STAFF EMPLOYED BY , WORKING IN, OR HAVING ACCESS TO25
RESTRICTED AREAS OF THE LICENSED PREMISES , AS DETERMINED BY THE26
STATE LICENSING AUTHORITY. THE STATE LICENSING AUTHORITY MAY27
SB23-290
-56- TAKE ANY ACTION WITH RESPECT TO A REGISTRATION OR PERMIT1
PURSUANT TO THIS ARTICLE 50 OR RULES PROMULGATED PURSUANT TO2
THIS ARTICLE 50 AS IT MAY, WITH RESPECT TO A LICENSE ISSUED3
PURSUANT TO THIS ARTICLE 50 OR RULES PROMULGATED PURSUANT TO4
THIS ARTICLE 50 IN ACCORDANCE WITH THE PROCEDURES ESTABLISHED5
PURSUANT TO THIS ARTICLE 50 OR RULES PROMULGATED PURSUANT TO6
THIS ARTICLE 50.7
(3)  A
 STATE CHARTERED BANK OR A CREDIT UNION MAY LOAN8
MONEY TO ANY PERSON LICENSED PURSUANT TO THIS ARTICLE 50 OR9
RULES PROMULGATED PURSUANT TO THIS ARTICLE 50 FOR THE OPERATION10
OF A LICENSED NATURAL MEDICINE BUSINESS .11
(4)  A
 PERSON MAY NOT OPERATE A LICENSE ISSUED PURSUANT TO12
THIS ARTICLE 50 AT THE SAME LOCATION AS A LICENSE OR PERMIT ISSUED13
PURSUANT TO ARTICLE 3, 4, 5, OR 10 OF THIS TITLE 44.14
44-50-302.  Restrictions for applications for new licenses.15
(1)  T
HE STATE LICENSING AUTHORITY SHALL NOT RECEIVE OR ACT UPON16
AN APPLICATION FOR THE ISSUANCE OF A NATURAL MEDICINE BUSINESS17
LICENSE PURSUANT TO THIS ARTICLE 50:18
(a)  I
F THE APPLICATION FOR A LICENSE CONCERNS A PARTICULAR19
LOCATION THAT IS THE SAME AS OR WITHIN ONE THOUSAND FEET OF A20
LOCATION FOR WHICH, WITHIN THE TWO YEARS IMMEDIATELY PRECEDING21
THE DATE OF THE APPLICATION, THE STATE LICENSING AUTHORITY DENIED22
AN APPLICATION FOR THE SAME CLASS OF LICENSE DUE TO THE NATURE OF23
THE USE OR OTHER CONCERN RELATED TO THE LOCATION ;24
(b)  U
NTIL IT IS ESTABLISHED THAT THE APPLICANT IS, OR WILL BE,25
ENTITLED TO POSSESSION OF THE PREMISES FOR WHICH APPLICATION IS26
MADE UNDER A LEASE, RENTAL AGREEMENT, OR OTHER ARRANGEMENT27
SB23-290
-57- FOR POSSESSION OF THE PREMISES OR BY VIRTUE OF OWNERSHIP OF THE1
PREMISES;2
(c)  F
OR A LOCATION IN AN AREA WHERE THE CULTIVATION ,3
MANUFACTURING, TESTING, STORAGE, DISTRIBUTION, TRANSFER, AND4
DISPENSATION OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT AS5
CONTEMPLATED IS NOT PERMITTED UNDER THE APPLICABLE ZONING LAWS6
OF THE LOCAL JURISDICTION;7
(d) (I)  I
F THE BUILDING WHERE NATURAL MEDICINE SERVICES ARE8
PROVIDED IS WITHIN ONE THOUSAND FEET OF A CHILD CARE CENTER ;9
PRESCHOOL; ELEMENTARY, MIDDLE, JUNIOR, OR HIGH SCHOOL; OR A10
RESIDENTIAL CHILD CARE FACILITY. THE PROVISIONS OF THIS SECTION DO11
NOT AFFECT THE RENEWAL OR REISSUANCE OF A LICENSE ONCE GRANTED12
OR APPLY TO LICENSED PREMISES LOCATED OR TO BE LOCATED ON LAND13
OWNED BY A MUNICIPALITY , NOR DO THE PROVISIONS OF THIS SECTION14
APPLY TO AN EXISTING LICENSED PREMISES ON LAND OWNED BY THE STATE15
OR APPLY TO A LICENSE IN EFFECT AND ACTIVELY DOING BUSINESS BEFORE16
THE SCHOOL OR FACILITY WAS CONSTRUCTED . THE GOVERNING BODY OF17
A MUNICIPALITY, BY ORDINANCE; AND THE GOVERNING BODY OF A18
COUNTY, BY RESOLUTION, MAY VARY THE DISTANCE RESTRICTIONS19
IMPOSED BY THIS SUBSECTION (1)(d)(I) FOR A LICENSE OR MAY ELIMINATE20
ONE OR MORE TYPES OF SCHOOLS OR FACILITIES FROM THE APPLICATION21
OF A DISTANCE RESTRICTION ESTABLISHED BY OR PURSUANT TO THIS22
SUBSECTION (1)(d)(I).23
(II)  T
HE DISTANCES REFERRED TO IN THIS SUBSECTION (1)(d) MUST24
BE COMPUTED BY DIRECT MEASUREMENT FROM THE NEAREST PROPERTY25
LINE OF THE LAND USED FOR A SCHOOL OR FACILITY TO THE NEAREST26
PORTION OF THE BUILDING IN WHICH NATURAL MEDICINE SERVICES ARE27
SB23-290
-58- PROVIDED, USING A ROUTE OF DIRECT PEDESTRIAN ACCESS .1
(III)  T
HE STATE LICENSING AUTHORITY SHALL CONSIDER THE2
EVIDENCE AND MAKE A SPECIFIC FINDING OF FACT AS TO WHETHER THE3
BUILDING IN WHICH THE NATURAL MEDICINE BUSINESS IS LOCATED IS4
WITHIN ANY DISTANCE RESTRICTIONS ESTABLISHED BY OR PURSUANT TO5
THIS SUBSECTION (1)(d).6
(2)  T
HE STATE LICENSING AUTHORITY SHALL NOT APPROVE AN7
APPLICATION FOR THE ISSUANCE OF A NATURAL MEDICINE BUSINESS8
LICENSE PURSUANT TO THIS ARTICLE 50 UNTIL THE STATE LICENSING9
AUTHORITY ESTABLISHES THAT THE APPLICANT IS , OR WILL BE, ENTITLED10
TO POSSESSION OF THE PREMISES FOR WHICH APPLICATION IS MADE UNDER11
A LEASE, RENTAL AGREEMENT, OR OTHER ARRANGEMENT FOR POSSESSION12
OF THE PREMISES OR BY VIRTUE OF OWNERSHIP OF THE PREMISES .13
PART 414
NATURAL MEDICINE LICENSE TYPES15
44-50-401.  Natural medicine healing center license - rules.16
(1)  A
 NATURAL MEDICINE HEALING CENTER LICENSE MAY BE ISSUED ONLY17
TO A PERSON THAT EMPLOYS OR CONTRACTS WITH A FACILITATOR WHO18
PROVIDES NATURAL MEDICINE SERVICES PURSUANT TO THE TERMS AND19
CONDITIONS OF ARTICLE 170 OF TITLE 12.20
(2)  A
 NATURAL MEDICINE HEALING CENTER LICENSEE MAY21
TRANSFER REGULATED NATURAL MEDICINE OR REGULATED NATURAL22
MEDICINE PRODUCT TO ANOTHER NATURAL MEDICINE HEALING CENTER23
LICENSEE PURSUANT TO RULES PROMULGATED BY THE STATE LICENSING24
AUTHORITY.25
(3)  P
RIOR TO INITIATING NATURAL MEDICINE SERVICES , THE26
FACILITATOR OF THE NATURAL MEDICINE HEALING CENTER LICENSEE27
SB23-290
-59- SHALL VERIFY THAT THE PARTICIPANT IS TWENTY -ONE YEARS OF AGE OR1
OLDER.2
(4)  A
 NATURAL MEDICINE HEALING CENTER LICENSEE SHALL3
COMPLY WITH ALL PROVISIONS OF ARTICLE 34 OF TITLE 24, AS THE4
PROVISIONS RELATE TO PERSONS WITH DISABILITIES .5
(5) (a)  E
XCEPT AS PROVIDED IN SUBSECTION (5)(b) OF THIS6
SECTION, A NATURAL MEDICINE HEALING CENTER LICENSEE SHALL NOT7
TRANSFER, INDIVIDUALLY OR IN ANY COMBINATION , MORE THAN AN8
AMOUNT PROMULGATED BY RULE OF NATURAL MEDICINE AND NATURAL9
MEDICINE PRODUCT TO A PARTICIPANT IN A SINGLE ADMINISTRATION10
SESSION.11
(b)  T
HE STATE LICENSING AUTHORITY MAY PROMULGATE RULES12
TO ESTABLISH CERTAIN EXEMPTIONS TO THE NATURAL MEDICINE OR13
NATURAL MEDICINE PRODUCT LIMITATION AND MAY ESTABLISH14
RECORD-KEEPING REQUIREMENTS FOR NATURAL MEDICINE HEALING15
CENTER LICENSEES PURSUANT TO ANY EXEMPTION TO THE16
ADMINISTRATION LIMITATION.17
44-50-402.  Natural medicine cultivation facility license. (1)  A18
NATURAL MEDICINE CULTIVATION FACILITY LICENSE MAY BE ISSUED ONLY19
TO A PERSON WHO CULTIVATES REGULATED NATURAL MEDICINE FOR20
TRANSFER AND DISTRIBUTION TO NATURAL MEDICINE HEALING CENTER21
LICENSEES, NATURAL MEDICINE PRODUCT M ANUFACTURER LICENSEES	, OR22
OTHER NATURAL MEDICINE CULTIVATION FACILITY LICENSEES .23
(2)  N
ATURAL MEDICINE OR NATURAL MEDICINE PRODUCT MUST24
NOT BE CONSUMED ON THE NATURAL MEDICINE CULTIVATION FACILITY25
LICENSEE'S LICENSED PREMISES, UNLESS THE LICENSED PREMISES IS26
CO-LOCATED WITH A NATURAL MEDICINE HEALING CENTER LICENSEE 'S27
SB23-290
-60- LICENSED PREMISES.1
44-50-403.  Natural medicine product manufacturer license.2
(1) (a)  A
 NATURAL MEDICINE PRODUCT MANUFACTURER LICENSE MAY BE3
ISSUED TO A PERSON WHO MANUFACTURES REGULATED NATURAL4
MEDICINE PRODUCT PURSUANT TO THE TERMS AND CONDITIONS OF THIS5
ARTICLE 50 AND RULES PROMULGATED PURSUANT TO THIS ARTICLE 50.6
(b)  A
 NATURAL MEDICINE PRODUCT MANUFACTURER LICENSEE7
MAY CULTIVATE ITS OWN REGULATED NATURAL MEDICINE PURSUANT TO8
A NATURAL MEDICINE CULTIVATION FACILITY LICENSEE .9
(c)  A
 NATURAL MEDICINE PRODUCT MANUFACTURER LICENSEE10
SHALL NOT:11
(I)  A
DD ANY REGULATED NATURAL MEDICINE TO A FOOD PRODUCT12
IF THE MANUFACTURER OF THE FOOD PRODUCT HOLDS A TRADEMARK TO13
THE FOOD PRODUCT 'S NAME; EXCEPT THAT A NATURAL MEDICINE PRODUCT14
MANUFACTURER LICENSEE MAY USE A TRADEMARKED FOOD PRODUCT IF15
THE MANUFACTURER USES THE PRODUCT AS A COMPONENT OR AS PART OF16
A RECIPE AND IF THE NATURAL MEDICINE PRODUCT MANUFACTURER17
LICENSEE DOES NOT STATE OR ADVERTISE TO THE CONSUMER THAT THE18
FINAL NATURAL MEDICINE PRODUCT CONTAINS A TRADEMARKED FOOD19
PRODUCT;20
(II)  I
NTENTIONALLY OR KNOWINGLY LABEL OR PACKAGE NATURAL21
MEDICINE OR NATURAL MEDICINE PRODUCT IN A MANNER THAT WOULD22
CAUSE A REASONABLE CONSUMER CONFUSION AS TO WHETHER THE23
NATURAL MEDICINE PRODUCT WAS A TRADEMARKED FOOD PRODUCT ; OR24
(III)  L
ABEL OR PACKAGE A PRODUCT IN A MANNER THAT VIOLATES25
ANY FEDERAL TRADEMARK LAW OR REGULATION .26
(2)  N
ATURAL MEDICINE AND NATURAL MEDICINE PRODUCT MUST27
SB23-290
-61- NOT BE CONSUMED ON A NATURAL MEDICINE PRODUCT MANUFACTURER1
LICENSEE'S LICENSED PREMISES, UNLESS THE LICENSED PREMISES IS2
CO-LOCATED WITH A NATURAL MEDICINE HEALING CENTER LICENSEE 'S3
LICENSED PREMISES.4
44-50-404.  Natural medicine testing facility license - rules.5
(1) (a)  A
 NATURAL MEDICINE TESTING FACILITY LICENSE MAY BE ISSUED6
TO A PERSON WHO PERFORMS TESTING AND RESEARCH ON NATURAL7
MEDICINE AND NATURAL MEDICINE PRODUCT .8
(b)  T
HE TESTING OF NATURAL MEDICINE AND NATURAL MEDICINE9
PRODUCT, AND THE ASSOCIATED STANDARDS , IS A MATTER OF STATEWIDE10
CONCERN.11
(2)  T
HE STATE LICENSING AUTHORITY SHALL PROMULGATE RULES12
RELATED TO ACCEPTABLE TESTING AND RESEARCH PRACTICES , INCLUDING13
BUT NOT LIMITED TO TESTING, STANDARDS, QUALITY CONTROL ANALYSIS,14
EQUIPMENT CERTIFICATION AND CALIBRATION , IDENTIFICATION OF15
CHEMICALS AND OTHER SUBSTANCES USED IN BONA FIDE RESEARCH16
METHODS, AND WHETHER TO ALLOW A NATURAL PERSON TO REQUEST AND17
UTILIZE TESTING SERVICES OF NATURAL MEDICINE AND NATURAL18
MEDICINE PRODUCT IF THE NATURAL PERSON IS TWENTY -ONE YEARS OF19
AGE OR OLDER.20
(3)  A
 PERSON WHO HAS AN INTEREST IN A NATURAL MEDICINE21
TESTING FACILITY LICENSE SHALL NOT HAVE ANY INTEREST IN A LICENSED22
NATURAL MEDICINE HEALING CENTER , A LICENSED NATURAL MEDICINE23
CULTIVATION FACILITY, A LICENSED NATURAL MEDICINE PRODUCT24
MANUFACTURER, OR A NATURAL MEDICINE LICENSE ISSUED BY THE STATE25
LICENSING AUTHORITY PURSUANT TO THIS ARTICLE 50 OR RULES26
PROMULGATED PURSUANT TO THIS ARTICLE 50.27
SB23-290
-62- PART 51
UNLAWFUL ACTS2
44-50-501.  Unlawful acts. (1)  E
XCEPT AS OTHERWISE PROVIDED3
IN THIS ARTICLE 50, IT IS UNLAWFUL FOR A LICENSEE TO:4
(a)  T
RANSFER NATURAL MEDICINE OR A NATURAL MEDICINE5
PRODUCT TO A PERSON UNDER TWENTY -ONE YEARS OF AGE; OR6
(b)  K
NOWINGLY ADULTERATE OR ALTER , OR ATTEMPT TO7
ADULTERATE OR ALTER, ANY SAMPLE OF REGULATED NATURAL MEDICINE8
OR A NATURAL MEDICINE PRODUCT FOR THE PURPOSE OF CIRCUMVENTING9
TESTING REQUIREMENTS.10
PART 611
FEES12
44-50-601.  Regulated natural medicine cash fund - created -13
rules. (1) (a)  A
LL MONEY COLLECTED BY THE STATE LICENSING14
AUTHORITY PURSUANT TO THIS ARTICLE 50 OR RULES PROMULGATED15
PURSUANT TO THIS ARTICLE 50 MUST BE TRANSMITTED TO THE STATE16
TREASURER, WHO SHALL CREDIT THE SAME TO THE REGULATED NATURAL17
MEDICINE DIVISION CASH FUND , WHICH IS HEREBY CREATED . THE18
REGULATED NATURAL MEDICINE DIVISION CASH FUND , REFERRED TO IN19
THIS SECTION AS THE "FUND", CONSISTS OF:20
(I)  T
HE MONEY COLLECTED BY THE STATE LICENSING AUTHORITY ;21
AND22
(II)  A
NY ADDITIONAL GENERAL FUND MONEY APPROPRIATED TO23
THE FUND THAT IS NECESSARY FOR THE OPERATION OF THE STATE24
LICENSING AUTHORITY.25
(b)  M
ONEY IN THE FUND IS SUBJECT TO ANNUAL APPROPRIATION26
BY THE GENERAL ASSEMBLY TO THE DEPARTMENT FOR THE DIRECT AND27
SB23-290
-63- INDIRECT COSTS ASSOCIATED WITH IMPLEMENTING THIS ARTICLE 50.1
(c)  A
NY MONEY IN THE FUND NOT EXPENDED FOR THE PURPOSES2
OF THIS SECTION MAY BE INVESTED BY THE STATE TREASURER AS3
PROVIDED BY LAW. ALL INTEREST AND INCOME DERIVED FROM THE4
INVESTMENT AND DEPOSIT OF MONEY IN THE FUND SHALL BE CREDITED TO5
THE FUND. ANY UNEXPENDED AND UNENCUMBERED MONEY REMAINING6
IN THE FUND AT THE END OF A FISCAL YEAR REMAINS IN THE FUND AND7
SHALL NOT BE CREDITED OR TRANSFERRED TO THE GENERAL FUND OR8
ANOTHER FUND.9
(2)  T
HE EXECUTIVE DIRECTOR BY RULE OR AS OTHERWISE10
PROVIDED BY LAW MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE11
FEES IF NECESSARY PURSUANT TO SECTION 24-75-402 (3) TO REDUCE THE12
UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION OF13
ONE OR MORE OF THE FEES IS CREDITED . AFTER THE UNCOMMITTED14
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED , THE EXECUTIVE15
DIRECTOR BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE16
THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION17
24-75-402
 (4).18
(3) (a)  T
HE STATE LICENSING AUTHORITY SHALL ESTABLISH FEES19
FOR PROCESSING THE APPLICATIONS OR LICENSES PURSUANT TO SECTION20
44-50-301.21
(b)  T
HE AMOUNTS OF SUCH FEES, WHEN ADDED TO THE OTHER FEES22
TRANSFERRED TO THE FUND PURSUANT TO THIS SECTION , MUST REFLECT23
THE ACTUAL DIRECT AND INDIRECT COSTS OF THE STATE LICENSING24
AUTHORITY IN THE ADMINISTRATION AND ENFORCEMENT OF THIS ARTICLE25
50
 SO THAT THE FEES AVOID EXCEEDING THE STATUTORY LIMIT ON26
UNCOMMITTED RESERVES IN ADMINISTRATIVE AGENCY CASH FUNDS AS SET27
SB23-290
-64- FORTH IN SECTION 24-75-402 (3).1
(c)  T
HE STATE LICENSING AUTHORITY MAY CHARGE APPLICANTS2
LICENSED PURSUANT TO THIS ARTICLE 50 A FEE FOR THE COST OF EACH3
FINGERPRINT ANALYSIS AND BACKGROUND INVESTIGATION UNDERTAKEN4
TO QUALIFY NEW OFFICERS, DIRECTORS, MANAGERS, OR EMPLOYEES.5
(d)  A
T LEAST ANNUALLY, THE STATE LICENSING AUTHORITY SHALL6
REVIEW THE AMOUNTS OF THE FEES AND , IF NECESSARY, ADJUST THE7
AMOUNTS TO REFLECT THE DIRECT AND INDIRECT COSTS OF THE STATE8
LICENSING AUTHORITY.9
(e)  T
HE FEES ESTABLISHED AND COLLECTED PURSUANT TO THIS10
SECTION MUST NOT EXCEED THE AMOUNT NECESSARY TO ADMINISTER THIS11
ARTICLE 50.12
(4)  E
XCEPT AS PROVIDED IN SUBSECTION (5) OF THIS SECTION, THE13
STATE LICENSING AUTHORITY SHALL ESTABLISH A BASIC FEE THAT SHALL14
BE PAID AT THE TIME OF SERVICE OF ANY SUBPOENA UPON THE STATE15
LICENSING AUTHORITY, PLUS A FEE FOR MEALS AND A FEE FOR MILEAGE AT16
THE RATE PRESCRIBED FOR STATE OFFICERS AND EMPLOYEES IN SECTION17
24-9-104
 FOR EACH MILE ACTUALLY AND NECESSARILY TRAVELED IN18
GOING TO AND RETURNING FROM THE PLACE NAMED IN THE SUBPOENA . IF19
THE PERSON NAMED IN THE SUBPOENA IS REQUIRED TO ATTEND THE PLACE20
NAMED IN THE SUBPOENA FOR MORE THAN ONE DAY , THERE SHALL BE21
PAID, IN ADVANCE, A SUM TO BE ESTABLISHED BY THE STATE LICENSING22
AUTHORITY FOR EACH DAY OF ATTENDANCE TO COVER THE EXPENSES OF23
THE PERSON NAMED IN THE SUBPOENA .24
(5)  T
HE SUBPOENA FEE ESTABLISHED PURSUANT TO SUBSECTION25
(4)
 OF THIS SECTION DOES NOT APPLY TO ANY FEDERAL, STATE, OR LOCAL26
GOVERNMENTAL AGENCY .27
SB23-290
-65- 44-50-602.  Fees - allocation. (1)  E	XCEPT AS OTHERWISE1
PROVIDED, ALL FEES AND FINES PROVIDED FOR BY THIS ARTICLE 50 SHALL2
BE PAID TO THE STATE LICENSING AUTHORITY , WHICH SHALL TRANSMIT3
THE FEES TO THE STATE TREASURER. THE STATE TREASURER SHALL CREDIT4
THE FEES TO THE REGULATED NATURAL MEDICINE DIVISION CASH FUND5
CREATED IN SECTION 44-50-601.6
(2)  T
HE EXPENDITURES OF THE STATE LICENSING AUTHORITY ARE7
PAID OUT OF APPROPRIATIONS FROM THE REGULATED NATURAL MEDICINE8
DIVISION CASH FUND CREATED IN SECTION 44-50-601.9
PART 710
DISCIPLINARY ACTIONS11
44-50-701.  Suspension - revocation - fines. (1)  I
N ADDITION TO12
ANY OTHER SANCTIONS PRESCRIBED BY THIS ARTICLE 50 OR RULES13
PROMULGATED PURSUANT TO THIS ARTICLE 50, THE STATE LICENSING14
AUTHORITY HAS THE POWER , ON ITS OWN MOTION OR ON COMPLAINT ,15
AFTER INVESTIGATION AND OPPORTUNITY FOR A PUBLIC HEARING AT16
WHICH THE LICENSEE MUST BE AFFORDED AN OPPORTUNITY TO BE HEARD ,17
TO FINE A LICENSEE OR TO SUSPEND OR REVOKE A LICENSE ISSUED BY THE18
AUTHORITY FOR A VIOLATION BY THE LICENSEE OR BY ANY OF THE AGENTS19
OR EMPLOYEES OF THE LICENSEE OF THE PROVISIONS OF THIS ARTICLE 50,20
OR ANY OF THE RULES PROMULGATED PURSUANT TO THIS ARTICLE 50, OR21
OF ANY OF THE TERMS, CONDITIONS, OR PROVISIONS OF THE LICENSE22
ISSUED BY THE STATE LICENSING AUTHORITY . THE STATE LICENSING23
AUTHORITY HAS THE POWER TO ADMINISTER OATHS AND ISSUE SUBPOENAS24
TO REQUIRE THE PRESENCE OF PERSONS AND THE PRODUCTION OF PAPERS ,25
BOOKS, AND RECORDS NECESSARY TO THE DETERMINATION OF A HEARING26
THAT THE STATE LICENSING AUTHORITY IS AUTHORIZED TO CONDUCT .27
SB23-290
-66- (2)  THE STATE LICENSING AUTHORITY SHALL PROVIDE NOTICE OF1
SUSPENSION, REVOCATION, FINE, OR OTHER SANCTION, AS WELL AS THE2
REQUIRED NOTICE OF THE HEARING PURSUANT TO SUBSECTION (1) OF THIS3
SECTION, BY MAILING THE SAME IN WRITING TO THE LICENSEE AT THE4
ADDRESS CONTAINED IN THE LICENSE AND , IF DIFFERENT, AT THE LAST5
ADDRESS FURNISHED TO THE AUTHORITY BY THE LICENSEE . EXCEPT IN THE6
CASE OF A SUMMARY SUSPENSION , A SUSPENSION MAY NOT EXCEED SIX7
MONTHS. IF A LICENSE IS SUSPENDED OR REVOKED , A PART OF THE FEES8
PAID FOR THE LICENSE ARE NOT RETURNED TO THE LICENSEE . ANY9
LICENSE, REGISTRATION, OR PERMIT MAY BE SUMMARILY SUSPENDED BY10
THE STATE LICENSING AUTHORITY WITHOUT NOTICE PENDING ANY11
PROSECUTION, INVESTIGATION, OR PUBLIC HEARING PURSUANT TO THE12
TERMS OF SECTION 24-4-104 (4). NOTHING IN THIS SECTION PREVENTS THE13
SUMMARY SUSPENSION OF A LICENSE PURSUANT TO SECTION 24-4-104 (4).14
PART 815
JUDICIAL REVIEW16
44-50-801.  Judicial review. D
ECISIONS BY THE STATE LICENSING17
AUTHORITY ARE SUBJECT TO JUDICIAL REVIEW PURSUANT TO SECTION18
24-4-106.19
PART 920
PROTECTIONS, CONSTRUCTION,21
PREEMPTION, AND SEVERABILITY22
44-50-901.  Protections. (1)  S
UBJECT TO THE LIMITATIONS IN THIS23
ARTICLE 50 AND ARTICLE 170 OF TITLE 12, BUT NOTWITHSTANDING ANY24
OTHER PROVISION OF LAW:25
(a)  A
CTIONS AND CONDUCT PERMITTED PURSUANT TO A LICENSE ,26
REGISTRATION, OR PERMIT ISSUED BY THE STATE LICENSING AUTHORITY27
SB23-290
-67- PURSUANT TO THIS ARTICLE 50, OR BY THOSE WHO ALLOW PROPERTY TO1
BE USED PURSUANT TO A LICENSE ISSUED PURSUANT TO THIS ARTICLE 50,2
ARE LAWFUL AND ARE NOT AN OFFENSE UNDER STATE LAW OR THE LAWS3
OF ANY LOCAL JURISDICTION WITHIN THE STATE ; ARE NOT SUBJECT TO A4
CIVIL FINE, PENALTY, OR SANCTION; ARE NOT A BASIS FOR DETENTION,5
SEARCH, OR ARREST; ARE NOT A BASIS TO DENY ANY RIGHT OR PRIVILEGE;6
AND ARE NOT A BASIS TO SEIZE OR FORFEIT ASSETS UNDER STATE LAW OR7
THE LAWS OF ANY LOCAL JURISDICTION WITHIN THIS STATE ;8
(b)  A
 CONTRACT IS NOT UNENFORCEABLE ON THE BASIS THAT9
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT , AS ALLOWED10
PURSUANT TO THIS ARTICLE 50, IS PROHIBITED BY FEDERAL LAW;11
(c)  A
 LICENSEE, REGISTRANT, OR PERMITTEE PURSUANT TO THIS12
ARTICLE 50 IS NOT SUBJECT TO DISCIPLINE OR LOSS OF A PROFESSIONAL13
LICENSE OR CERTIFICATION FOR PROVIDING ADVICE OR SERVICES ARISING14
OUT OF OR RELATED TO NATURAL MEDICINE OR NATURAL MEDICINE15
PRODUCT, APPLICATIONS FOR LICENSES ON THE BASIS THAT NATURAL16
MEDICINE OR NATURAL MEDICINE PRODUCT IS PROHIBITED BY FEDERAL17
LAW, OR FOR PERSONAL USE OF NATURAL MEDICINE OR NATURAL18
MEDICINE PRODUCT AS ALLOWED PURSUANT TO THIS ARTICLE 50. THIS19
SUBSECTION (1)(c) DOES NOT PERMIT A LICENSEE , REGISTRANT, OR20
PERMITTEE TO ENGAGE IN MALPRACTICE	.21
(d)  M
ENTAL HEALTH CARE , SUBSTANCE USE DISORDER22
INTERVENTION, OR BEHAVIORAL HEALTH SERVICES OTHERWISE COVERED23
UNDER THE "COLORADO MEDICAL ASSISTANCE ACT", ARTICLES 4 TO 6 OF24
TITLE 25.5, MUST NOT BE DENIED ON THE BASIS THAT THEY ARE COVERED25
IN CONJUNCTION WITH NATURAL MEDICINE SERVICES , OR THAT NATURAL26
MEDICINE OR NATURAL MEDICINE PRODUCT IS PROHIBITED BY FEDERAL27
SB23-290
-68- LAW. INSURANCE OR AN INSURANCE PROVIDER IS NOT REQUIRED TO COVER1
THE COST OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT .2
(e)  N
OTHING IN THIS SECTION MAY BE CONSTRUED OR3
INTERPRETED TO PREVENT THE DIRECTOR FROM ENFORCING ITS RULES4
AGAINST A LICENSEE OR TO LIMIT A STATE OR LOCAL LAW ENFORCEMENT5
AGENCY'S ABILITY TO INVESTIGATE UNLAWFUL ACTIVITY IN RELATION TO6
A LICENSEE.7
44-50-902.  Liberal construction. T
HIS ARTICLE 50 MUST BE8
LIBERALLY CONSTRUED TO EFFECTUATE ITS PURPOSE .9
44-50-903.  Preemption. A
 LOCAL JURISDICTION SHALL NOT10
ADOPT, ENACT, OR ENFORCE ANY ORDINANCE, RULE, OR RESOLUTION THAT11
ARE OTHERWISE IN CONFLICT WITH THE PROVISIONS OF THIS ARTICLE 50.12
44-50-904.  Severability. I
F ANY PROVISION OF THIS ARTICLE 50 IS13
FOUND BY A COURT OF COMPETENT JURISDICTION TO BE14
UNCONSTITUTIONAL, THE REMAINING PROVISIONS OF THIS ARTICLE 50 ARE15
VALID, UNLESS IT APPEARS TO THE COURT THAT THE VALID PROVISIONS OF16
THE STATUTE ARE SO ESSENTIALLY AND INSEPARABLY CONNECTED WITH ,17
AND SO DEPENDENT UPON , THE VOID PROVISION THAT IT CANNOT BE18
PRESUMED THAT THE GENERAL ASSEMBLY WOULD HAVE ENACTED THE19
VALID PROVISIONS WITHOUT THE VOID ONE ; OR UNLESS THE COURT20
DETERMINES THAT THE VALID PROVISIONS , STANDING ALONE, ARE21
INCOMPLETE AND ARE INCAPABLE OF BEING EXECUTED IN ACCORDANCE22
WITH THE LEGISLATIVE INTENT.23
PART 1024
SUNSET REVIEW - ARTICLE REPEAL25
44-50-1001.  Sunset review - repeal of article. (1)  T
HIS ARTICLE26
50
 IS REPEALED, EFFECTIVE SEPTEMBER 1, 2032.27
SB23-290
-69- (2)  PRIOR TO THE REPEAL OF THIS ARTICLE 50, THE DEPARTMENT1
OF REGULATORY AGENCIES SHALL CONDUCT A SUNSET REVIEW AS2
DESCRIBED IN SECTION 24-34-104 (5).3
SECTION 22. In Colorado Revised Statutes, 16-13-303, amend4
(9) as follows:5
16-13-303.  Class 1 public nuisance. (9)  A person acting in6
compliance with the "Natural Medicine Health Act of 2022", article 1707
of title 12 does not violate this section IT IS NOT A VIOLATION OF THIS8
SECTION IF A PERSON IS ACTING IN COMPLIANCE WITH SECTION 18-18-434,9
ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44.10
SECTION 23. In Colorado Revised Statutes, 16-13-304, amend11
(2) as follows:12
16-13-304.  Class 2 public nuisance. (2)  A person acting in13
compliance with the "Natural Medicine Health Act of 2022", article 17014
of title 12 does not violate this section IT IS NOT A VIOLATION OF THIS15
SECTION IF A PERSON IS ACTING IN COMPLIANCE WITH SECTION 18-18-434,16
ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44.17
SECTION 24. In Colorado Revised Statutes, 18-18-403.5,18
amend (1) as follows:19
18-18-403.5.  Unlawful possession of a controlled substance -20
notice to revisor of statutes - repeal. (1)  Except as authorized by part21
1 or 3 of article 280 of title 12, part 2 of article 80 of title 27, section22
18-1-711, section 18-18-428 (1)(b), part 2 or 3 of this article 18, or the23
"Natural Medicine Health Act of 2022", article 170 of title 12 SECTION24
18-18-434,
 ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44, it is25
unlawful for a person knowingly to possess a controlled substance.26
SECTION 25. In Colorado Revised Statutes, 18-18-404, amend27
SB23-290
-70- (1)(a) as follows:1
18-18-404.  Unlawful use of a controlled substance.2
(1) (a)  Except as is otherwise provided for offenses concerning marijuana3
and marijuana concentrate in sections 18-18-406 and 18-18-406.5, or by4
the "Natural Medicine Health Act of 2022", article 170 of title 12 OR FOR5
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT IN SECTION6
18-18-434,
 ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44, any7
person who uses any controlled substance, except when it is dispensed by8
or under the direction of a person licensed or authorized by law to9
prescribe, administer, or dispense the controlled substance for bona fide10
medical needs, commits a level 2 drug misdemeanor.11
SECTION 26. In Colorado Revised Statutes, 18-18-405, amend12
(1)(a) as follows:13
18-18-405.  Unlawful distribution, manufacturing, dispensing,14
or sale. (1) (a)  Except as authorized by part 1 of article 280 of title 12,15
part 2 of article 80 of title 27, part 2 or 3 of this article 18, or by the
16
"Natural Medicine Health Act of 2022", article 170 of title 12 SECTION17
18-18-434,
 ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44, it is18
unlawful for any person knowingly to manufacture, dispense, sell, or19
distribute, or to possess with intent to manufacture, dispense, sell, or20
distribute, a controlled substance; or induce, attempt to induce, or21
conspire with one or more other persons, to manufacture, dispense, sell,22
distribute, or possess with intent to manufacture, dispense, sell, or23
distribute, a controlled substance; or possess one or more chemicals or24
supplies or equipment with intent to manufacture a controlled substance.25
SECTION 27. In Colorado Revised Statutes, amend 18-18-41026
as follows:27
SB23-290
-71- 18-18-410.  Declaration of class 1 public nuisance. Except as1
permitted by the "Natural Medicine Health Act of 2022", article 170 of2
title 12 AUTHORIZED BY SECTION 18-18-434, ARTICLE 170 OF TITLE 12, OR3
ARTICLE 50 OF TITLE 44, any store, shop, warehouse, dwelling house,4
building, vehicle, boat, or aircraft or any place whatsoever which THAT5
is frequented by controlled substance addicts for the unlawful use of6
controlled substances or which is used for the unlawful storage,7
manufacture, sale, or distribution of controlled substances is declared to8
be a class 1 public nuisance and subject to the provisions of section9
16-13-303. C.R.S. Any real or personal property which THAT is seized or10
confiscated as a result of an action to abate a public nuisance shall be11
disposed of pursuant to part 7 of article 13 of title 16. C.R.S.12
SECTION 28. In Colorado Revised Statutes, 18-18-411, repeal13
(5); and add (3.5) as follows:14
18-18-411.  Keeping, maintaining, controlling, renting, or15
making available property for unlawful distribution or manufacture16
of controlled substances. (3.5)  I
T IS NOT A VIOLATION OF THIS SECTION17
IF A PERSON IS ACTING IN COMPLIANCE WITH SECTION 18-18-434, ARTICLE18
170
 OF TITLE 12, OR ARTICLE 50 OF TITLE 44.19
(5)  A person acting in compliance with the "Natural Medicine
20
Health Act of 2022", article 170 of title 12 does not violate this section.21
SECTION 29. In Colorado Revised Statutes, 18-18-412.7, repeal22
(3); and add (1.5) as follows:23
18-18-412.7.  Sale or distribution of materials to manufacture24
controlled substances. (1.5)  I
T IS NOT A VIOLATION OF THIS SECTION IF25
A PERSON IS ACTING IN COMPLIANCE WITH SECTION 18-18-434, ARTICLE26
170
 OF TITLE 12, OR ARTICLE 50 OF TITLE 44.27
SB23-290
-72- (3)  A person acting in compliance with the "Natural Medicine1
Health Act of 2022", article 170 of title 12 does not violate this section.2
SECTION 30. In Colorado Revised Statutes, 18-18-430.5,3
amend (1)(c) as follows:4
18-18-430.5.  Drug paraphernalia - exemption. (1)  A person is5
exempt from sections 18-18-425 to 18-18-430 if the person is:6
(c)  Using equipment, products, or materials in compliance with7
the "Natural Medicine Health Act of 2022", article 170 of title 128
SECTION 18-18-434, ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44.9
The manufacture, possession, and distribution of such equipment,10
products, or materials shall be IS authorized within the meaning of 2111
U.S.C. 863 sec. (f).12
SECTION 31. In Colorado Revised Statutes, add 18-18-434 as13
follows:14
18-18-434.  Offenses relating to natural medicine and natural15
medicine product - definitions. (1)  A
 PERSON WHO IS UNDER16
TWENTY-ONE YEARS OF AGE WHO KNOWINGLY POSSESSES OR CONSUMES17
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT COMMITS A DRUG18
PETTY OFFENSE AND, UPON CONVICTION THEREOF, IS SUBJECT TO A FINE OF19
NOT MORE THAN ONE HUNDRED DOLLARS OR NOT MORE THAN FOUR HOURS20
OF SUBSTANCE USE EDUCATION OR COUNSELING ; EXCEPT THAT A SECOND21
OR SUBSEQUENT CONVICTION FOR A VIOLATION OF THIS SUBSECTION (1) IS22
SUBJECT TO A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS , NOT MORE23
THAN FOUR HOURS OF SUBSTANCE USE EDUCATION OR COUNSELING , AND24
NOT MORE THAN TWENTY -FOUR HOURS OF USEFUL PUBLIC SERVICE .25
(2)  A
 PERSON WHO OPENLY AND PUBLICLY DISPLAYS OR CONSUMES26
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT COMMITS A DRUG27
SB23-290
-73- PETTY OFFENSE AND, UPON CONVICTION THEREOF, IS SUBJECT TO A FINE OF1
NOT MORE THAN ONE HUNDRED DOLLARS AND NOT MORE THAN2
TWENTY-FOUR HOURS OF USEFUL PUBLIC SERVICE .3
(3) (a)  A
 PERSON WHO CULTIVATES NATURAL MEDICINE THAT4
CUMULATIVELY EXCEEDS AN AREA OF MORE THAN TWELVE FEET WIDE BY5
TWELVE FEET LONG IN ONE OR MORE CULTIVATION AREAS ON THE PRIVATE6
PROPERTY, OR ALLOWS SUCH CULTIVATION ON PRIVATE PROPERTY THAT7
THE PERSON OWNS, OCCUPIES, OR CONTROLS, AND DOES NOT CULTIVATE8
NATURAL MEDICINE IN AN ENCLOSED AND LOCKED SPACE ON THE PRIVATE9
PROPERTY, COMMITS A DRUG PETTY OFFENSE , AND UPON CONVICTION10
THEREOF, IS SUBJECT TO A FINE OF NOT MORE THAN ONE THOUSAND11
DOLLARS.12
(b)  I
T IS NOT A VIOLATION OF THIS SUBSECTION (3)(a) IF THE13
PERSON WHO IS CULTIVATING NATURAL MEDICINE IS TWENTY -ONE YEARS14
OF AGE OR OLDER, IF THE CULTIVATION AREA IS LOCATED IN A DWELLING15
ON THE PRIVATE PROPERTY, AND:16
(I)  
 IF A PERSON UNDER TWENTY-ONE YEARS OF AGE LIVES AT THE17
DWELLING, THE CULTIVATION AREA ITSELF IS ENCLOSED AND LOCKED ; OR 18
(II)  I
F NO PERSON UNDER TWENTY -ONE YEARS OF AGE LIVES AT19
THE DWELLING, THE EXTERNAL LOCKS ON THE DWELLING CONSTITUTE AN20
ENCLOSED AND LOCKED SPACE , BUT IF A PERSON UNDER TWENTY -ONE21
YEARS OF AGE ENTERS THE DWELLING , THE PERSON CULTIVATING THE22
NATURAL MEDICINE SHALL ENSURE THAT ACCESS TO THE CULTIVATION23
AREA IS REASONABLY RESTRICTED FOR THE DURATION OF THE PERSON24
UNDER TWENTY-ONE YEARS OF AGE 'S PRESENCE IN THE PRIVATE25
PROPERTY.26
(c)  I
T IS NOT A VIOLATION OF SUBSECTION (3)(a) OF THIS SECTION27
SB23-290
-74- IF A COUNTY, MUNICIPALITY, OR CITY AND COUNTY LAW EXPRESSLY1
PERMITS THE CULTIVATION OF NATURAL MEDICINE THAT CUMULATIVELY2
EXCEEDS AN AREA OF MORE THAN TWELVE FEET WIDE BY TWELVE FEET3
LONG IN ONE OR MORE CULTIVATION AREAS ON THE PRIVATE PROPERTY4
AND THE PERSON CULTIVATES THE NATURAL MEDICINE IN AN ENCLOSED5
AND LOCKED SPACE WITHIN THE LIMIT SET BY THE COUNTY	, MUNICIPALITY,6
OR CITY AND COUNTY WHERE THE NATURAL MEDICINE IS LOCATED .7
(4) (a)  I
T IS UNLAWFUL FOR A PERSON WHO IS NOT LICENSED8
PURSUANT TO ARTICLE 50 OF TITLE 44 TO KNOWINGLY MANUFACTURE9
NATURAL MEDICINE PRODUCT USING AN INHERENTLY HAZARDOUS10
SUBSTANCE.11
(b)  I
T IS UNLAWFUL FOR A PERSON WHO IS NOT LICENSED12
PURSUANT TO ARTICLE 50 OF TITLE 44 WHO OWNS, MANAGES, OPERATES,13
OR OTHERWISE CONTROLS THE USE OF A PROPERTY TO KNOWINGLY ALLOW14
NATURAL MEDICINE PRODUCT TO BE MANUFACTURED ON THE PREMISES15
USING AN INHERENTLY HAZARDOUS SUBSTANCE .16
(c)  A
 PERSON WHO VIOLATES THIS SUBSECTION (4) COMMITS A17
LEVEL 2 DRUG FELONY.18
(5) (a)  
 UNLESS EXPRESSLY LIMITED BY THIS SECTION, A PERSON19
WHO FOR THE PURPOSE OF PERSONAL USE AND WITHOUT REMUNERATION ,20
POSSESSES, CONSUMES, SHARES, CULTIVATES, OR MANUFACTURES21
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT , DOES NOT VIOLATE22
STATE LAW, OR COUNTY, MUNICIPALITY, OR CITY AND COUNTY23
ORDINANCE, RULE, OR RESOLUTION.24
(b)  N
OTHING IN THIS SECTION PERMITS A PERSON TO:25
(I)  D
ISPENSE, SELL, DISTRIBUTE, OR POSSESS WITH INTENT TO26
DISPENSE, SELL, OR DISTRIBUTE, NATURAL MEDICINE OR NATURAL27
SB23-290
-75- MEDICINE PRODUCT TO A PERSON UNDER TWENTY -ONE YEARS OF AGE;1
(II)  D
ISPENSE, SELL, DISTRIBUTE, OR POSSESS WITH INTENT TO2
DISPENSE, SELL, OR DISTRIBUTE, NATURAL MEDICINE OR NATURAL3
MEDICINE PRODUCT FOR REMUNERATION , EXCEPT AS PROVIDED BY4
ARTICLE 170 OF TITLE 12 AND ARTICLE 50 OF TITLE 44;5
(III)  M
ANUFACTURE, CULTIVATE, POSSESS, CONSUME, USE,6
DISPENSE, OR DISTRIBUTE NATURAL MEDICINE OR NATURAL MEDICINE7
PRODUCT, OR POSSESS WITH INTENT TO MANUFACTURE , CULTIVATE,8
POSSESS, CONSUME, USE, DISPENSE, OR DISTRIBUTE NATURAL MEDICINE OR9
NATURAL MEDICINE PRODUCT FOR A PURPOSE OTHER THAN PERSONAL USE10
OR AS PROVIDED BY ARTICLE 170 OF TITLE 12 AND ARTICLE 50 OF TITLE 44;11
(IV)  D
ISPENSE, DISTRIBUTE, OR POSSESS WITH INTENT TO DISPENSE12
OR DISTRIBUTE, NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT AS13
A PART OF A BUSINESS PROMOTION OR COMMERCIAL ACTIVITY , EXCEPT AS14
PROVIDED BY ARTICLE 170 OF TITLE 12 AND ARTICLE 50 OF TITLE 44; OR15
(V)  D
ISPENSE, SELL, OR DISTRIBUTE, OR POSSESS WITH INTENT TO16
DISPENSE, SELL, OR DISTRIBUTE, IBOGAINE OR NATURAL MEDICINE17
PRODUCT THAT CONTAINS IBOGAINE TO ANOTHER PERSON , EXCEPT AS18
PROVIDED BY ARTICLE 170 OF TITLE 12 AND ARTICLE 50 OF TITLE 44.19
(c)  A
 PEACE OFFICER SHALL NOT ARREST A PERSON , AND A20
DISTRICT ATTORNEY SHALL NOT CHARGE OR PROSECUTE A PERSON FOR A21
CRIMINAL OFFENSE INVOLVING NATURAL MEDICINE OR NATURAL MEDICINE22
PRODUCT PURSUANT TO THIS PART 4, EXCEPT AS EXPRESSLY PROVIDED IN23
THIS SECTION.24
(d)  N
OTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE25
CONTRARY, A PEACE OFFICER MAY ARREST A PERSON , OR A DISTRICT26
ATTORNEY MAY CHARGE OR PROSECUTE A PERSON FOR A CRIMINAL27
SB23-290
-76- OFFENSE PURSUANT TO SECTION 18-18-405 THAT IS NOT EXPRESSLY1
LAWFUL PURSUANT TO THIS SECTION OR ARTICLE 170 OF TITLE 12 AND2
ARTICLE 50 OF TITLE 44.3
(6)  N
OTWITHSTANDING ANY LAW TO THE CONTRARY , AN ACTION4
THAT IS LAWFUL PURSUANT TO THIS SECTION, ARTICLE 170 OF TITLE 12, OR5
ARTICLE 50 OF TITLE 44, INDIVIDUALLY OR IN COMBINATION WITH6
ANOTHER ACTION THAT IS LAWFUL PURSUANT TO THIS SECTION , MUST NOT7
BE THE SOLE REASON TO:8
(a)  S
UBJECT A PERSON TO A CIVIL FINE, PENALTY, OR SANCTION;9
(b)  D
ENY A PERSON A RIGHT OR PRIVILEGE; OR10
(c)  S
EIZE OR FORFEIT ASSETS.11
(7) (a)  E
XCEPT AS PROVIDED IN SUBSECTION (7)(b) OF THIS12
SECTION, AN ACTION THAT IS LAWFUL PURSUANT TO THIS SECTION ,13
INDIVIDUALLY OR IN COMBINATION WITH ANOTHER ACTION THAT IS14
LAWFUL PURSUANT TO THIS SECTION , MUST NOT SOLELY BE USED AS A15
FACTOR IN A PROBABLE CAUSE OR REASONABLE SUSPICION16
DETERMINATION OF ANY CRIMINAL OFFENSE .17
(b)  A
N ACTION THAT IS LAWFUL PURSUANT TO THIS SECTION MAY18
BE USED AS A FACTOR IN A PROBABLE CAUSE OR REASONABLE SUSPICION19
DETERMINATION OF ANY CRIMINAL OFFENSE IF THE ORIGINAL STOP OR20
SEARCH WAS LAWFUL AND OTHER FACTORS ARE PRESENT TO SUPPORT A21
PROBABLE CAUSE OR REASONABLE SUSPICION DETERMINATION OF ANY22
CRIMINAL OFFENSE.23
(8)  T
HE FACT THAT A PERSON IS ENTITLED TO CONSUME NATURAL24
MEDICINE OR NATURAL MEDICINE PRODUCT UNDER THE LAWS OF THIS25
STATE DOES NOT CONSTITUTE A DEFENSE AGAINST ANY CHARGE FOR26
VIOLATION OF AN OFFENSE RELATED TO THE OPERATION OF A VEHICLE ,27
SB23-290
-77- AIRCRAFT, BOAT, MACHINERY, OR OTHER DEVICE.1
(9)  A
 COUNTY, MUNICIPALITY, OR CITY AND COUNTY SHALL NOT2
ADOPT, ENACT, OR ENFORCE ANY ORDINANCE , RULE, OR RESOLUTION3
IMPOSING ANY GREATER CRIMINAL OR CIVIL PENALTY THAN PROVIDED BY4
THIS SECTION OR THAT IS OTHERWISE IN CONFLICT WITH THIS SECTION .5
(10)  N
OTHING IN THIS SECTION PROHIBITS A PERSON OR ANY6
ENTITY WHO OCCUPIES , OWNS, OR CONTROLS A PROPERTY FROM7
PROHIBITING OR OTHERWISE REGULATING THE CULTIVATION OR8
MANUFACTURE OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT9
ON OR IN THAT PROPERTY.10
(11)  A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE11
REQUIRES:12
(a)  "I
NHERENTLY HAZARDOUS SUBSTANCE " MEANS ANY LIQUID13
CHEMICAL, COMPRESSED GAS, OR COMMERCIAL PRODUCT THAT HAS A14
FLASH POINT AT OR LOWER THAN THIRTY-EIGHT DEGREES CELSIUS OR ONE15
HUNDRED DEGREES FAHRENHEIT , INCLUDING BUTANE, PROPANE, AND16
DIETHYL ETHER, AND EXCLUDING ALL FORMS OF ALCOHOL AND ETHANOL .17
(b) (I)  "N
ATURAL MEDICINE" MEANS THE FOLLOWING18
SUBSTANCES:19
(A)  D
IMETHYLTRYPTAMINE;20
(B)  M
ESCALINE;21
(C)  I
BOGAINE;22
(D)  P
SILOCYBIN; OR23
(E)  P
SILOCYN.24
(II)  "N
ATURAL MEDICINE" DOES NOT MEAN A SYNTHETIC OR25
SYNTHETIC ANALOG OF THE SUBSTANCES LISTED IN THIS SUBSECTION26
(11)(b), 
INCLUDING A DERIVATIVE OF A NATURALLY OCCURRING27
SB23-290
-78- COMPOUND OF NATURAL MEDICINE THAT IS PRODUCED USING CHEMICAL1
SYNTHESIS, CHEMICAL MODIFICATION, OR CHEMICAL CONVERSION.2
(III)  N
OTWITHSTANDING SUBSECTION (11)(b)(I) OF THIS SECTION,3
"
MESCALINE" DOES NOT INCLUDE PEYOTE, MEANING ALL PARTS OF THE4
PLANT CLASSIFIED BOTANICALLY AS LOPHOPHORA WILLIAMSII LEMAIRE ,5
WHETHER GROWING OR NOT ; ITS SEEDS; ANY EXTRACT FROM ANY PART OF6
THE PLANT, AND EVERY COMPOUND , SALT, DERIVATIVE, MIXTURE, OR7
PREPARATION OF THE PLANT; OR ITS SEEDS OR EXTRACTS.8
(c)  "N
ATURAL MEDICINE PRODUCT " MEANS A PRODUCT INFUSED9
WITH NATURAL MEDICINE THAT IS INTENDED FOR CONSUMPTION .10
(d)  "P
ERSONAL USE" MEANS THE CONSUMPTION OR USE OF11
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT ; OR THE AMOUNT OF12
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT A PERSON MAY13
LAWFULLY POSSESS, CULTIVATE, OR MANUFACTURE THAT IS NECESSARY14
TO SHARE WITH ANOTHER PERSON WHO IS TWENTY -ONE YEARS OF AGE OR15
OLDER WITHIN THE CONTEXT OF COUNSELING , SPIRITUAL GUIDANCE,16
BENEFICIAL COMMUNITY-BASED USE AND HEALING, SUPPORTED USE, OR17
RELATED SERVICES. "PERSONAL USE" DOES NOT MEAN THE SALE OF18
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT FOR19
REMUNERATION; THE POSSESSION, CULTIVATION, OR MANUFACTURE OF20
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT WITH INTENT TO21
SELL THE NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT FOR22
REMUNERATION; OR THE POSSESSION, CULTIVATION, MANUFACTURE, OR23
DISTRIBUTION OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT24
FOR BUSINESS OR COMMERCIAL PURPOSES , EXCEPT AS PROVIDED BY25
ARTICLE 170 OF TITLE 12 AND ARTICLE 50 OF TITLE 44.26
(e)  "P
RIVATE PROPERTY" MEANS A DWELLING, ITS CURTILAGE, AND27
SB23-290
-79- A STRUCTURE WITHIN THE CURTILAGE THAT IS BEING USED BY A NATURAL1
PERSON OR NATURAL PERSONS FOR HABITATION AND THAT IS NOT OPEN TO2
THE PUBLIC.3
(f)  "R
EMUNERATION" MEANS ANYTHING OF VALUE , INCLUDING4
MONEY, REAL PROPERTY , TANGIBLE AND INTANGIBLE PERSONAL5
PROPERTY, CONTRACT RIGHT, CHOSE IN ACTION, SERVICE, ANY RIGHT OF6
USE OR EMPLOYMENT OR PROMISE OR AGREEMENT CONNECTED7
THEREWITH, BUSINESS PROMOTION, OR COMMERCIAL ACTIVITY.8
SECTION 32. In Colorado Revised Statutes, add 10-16-158 as9
follows:10
10-16-158.  Prohibition on discrimination for coverage based11
solely on natural medicine consumption - definitions. (1)  A
 CARRIER12
THAT OFFERS, ISSUES, OR RENEWS A HEALTH BENEFIT PLAN SHALL NOT ,13
SOLELY ON THE BASIS OF A PERSON'S CONSUMPTION OF NATURAL MEDICINE14
OR NATURAL MEDICINE PRODUCT :15
(a)  D
ECLINE OR LIMIT COVERAGE OF A PERSON; OR16
(b)  P
ENALIZE A COVERED PERSON OR REDUCE OR LIMIT COVERAGE17
FOR A PERSON.18
(2)  A
 CARRIER THAT OFFERS, ISSUES, OR RENEWS A HEALTH19
BENEFIT PLAN THAT PROVIDES COVERAGE FOR ANATOMICAL GIFTS , ORGAN20
TRANSPLANTS, OR RELATED TREATMENTS OR SERVICES SHALL NOT ,21
SOLELY ON THE BASIS OF A COVERED PERSON'S CONSUMPTION OF NATURAL22
MEDICINE OR NATURAL MEDICINE PRODUCT :23
(a)  D
ENY COVERAGE TO A COVERED PERSON FOR AN ORGAN24
TRANSPLANT OR RELATED TREATMENT OR SERVICES ;25
(b)  D
ECLINE OR LIMIT COVERAGE OF A COVERED PERSON SOLELY26
FOR THE PURPOSE OF AVOIDING THE REQUIREMENTS OF THIS SECTION ; OR27
SB23-290
-80- (c)  PENALIZE A COVERED PERSON OR REDUCE OR LIMIT COVERAGE1
FOR A COVERED PERSON FOR HEALTH-CARE SERVICES RELATED TO ORGAN2
TRANSPLANTATION, AS DETERMINED IN CONSULTATION WITH THE3
ATTENDING PHYSICIAN AND THE COVERED PERSON OR THE COVERED4
PERSON'S REPRESENTATIVE.5
(3)  T
HIS SECTION DOES NOT REQUIRE A HEALTH BENEFIT PLAN TO6
PROVIDE COVERAGE FOR THE DONATION OF AN ANATOMICAL GIFT , AN7
ORGAN TRANSPLANT, OR RELATED TREATMENT OR SERVICES .8
(4)  F
OR THE PURPOSES OF THIS SECTION, UNLESS THE CONTEXT9
OTHERWISE REQUIRES:10
(a)  "A
NATOMICAL GIFT" MEANS THE DONATION OF PART OF A11
HUMAN BODY FOR THE PURPOSE OF TRANSPLANTATION TO ANOTHER12
PERSON.13
(b) (I)  "N
ATURAL MEDICINE" MEANS THE FOLLOWING14
SUBSTANCES:15
(A)  D
IMETHYLTRYPTAMINE;16
(B)  M
ESCALINE;17
(C)  I
BOGAINE;18
(D)  P
SILOCYBIN; OR19
(E)  P
SILOCYN.20
(II)  "N
ATURAL MEDICINE" DOES NOT MEAN A SYNTHETIC OR21
SYNTHETIC ANALOG OF THE SUBSTANCES LISTED IN THIS SUBSECTION22
(4)(b), 
INCLUDING A DERIVATIVE OF A NATURALLY OCCURRING COMPOUND23
OF NATURAL MEDICINE THAT IS PRODUCED USING CHEMICAL SYNTHESIS ,24
CHEMICAL MODIFICATION, OR CHEMICAL CONVERSION.25
(c)  "N
ATURAL MEDICINE PRODUCT " MEANS A PRODUCT INFUSED26
WITH NATURAL MEDICINE THAT IS INTENDED FOR CONSUMPTION .27
SB23-290
-81- SECTION 33. In Colorado Revised Statutes, 19-3-103, add (4)1
as follows:2
19-3-103.  Child not neglected - when. (4) (a)  A
 PERSON WHO3
PERFORMS OR HAS PERFORMED AN ACTION THAT IS LAWFUL PURSUANT TO4
SECTION 18-18-434, ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 445
DOES NOT, BY ITSELF, CONSTITUTE CHILD ABUSE OR NEGLECT BY A PARENT6
OR LEGAL GUARDIAN FOR PURPOSES OF THIS ARTICLE 3.7
(b)  T
HE COURT SHALL NOT RESTRICT OR PROHIBIT FAMILY TIME, OR8
DETERMINE THAT FAMILY TIME IS NOT IN THE CHILD 'S BEST INTERESTS,9
BASED SOLELY ON THE FACT THAT A PERSON PERFORMS OR HAS10
PERFORMED AN ACTION THAT IS LAWFUL PURSUANT TO SECTION11
18-18-434,
 ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44, UNLESS12
THE COURT FINDS THAT FAMILY TIME WOULD ENDANGER THE CHILD 'S13
PHYSICAL HEALTH OR SIGNIFICANTLY IMPAIR THE CHILD 'S EMOTIONAL14
DEVELOPMENT.15
SECTION 34. In Colorado Revised Statutes, 24-72-706, amend16
(1)(h); and add (1)(f.5) as follows:17
24-72-706.  Sealing of criminal conviction and criminal justice18
records - processing fee. (1)  Sealing of conviction records.19
(f.5) (I)  N
OTWITHSTANDING ANY PROVISION OF THIS PART 7 TO THE20
CONTRARY, IF A MOTION IS FILED FOR THE SEALING OF A CIVIL INFRACTION,21
A PETTY OFFENSE, A PETTY DRUG OFFENSE, A DRUG MISDEMEANOR, OR A22
DRUG FELONY FOR AN OFFENSE THAT WAS UNLAWFUL AT THE TIME OF23
CONVICTION, BUT IS AN ACT THAT IS NOT UNLAWFUL PURSUANT TO24
SECTION 18-18-434, THE COURT SHALL ORDER THE RECORDS SEALED25
AFTER THE MOTION IS FILED AND THE CRIMINAL HISTORY FILED WITH THE26
COURT DOCUMENTS TO THE COURT THAT THE DEFENDANT HAS NOT BEEN27
SB23-290
-82- CONVICTED OF AN OFFENSE SINCE THE DATE OF THE FINAL DISPOSITION OF1
ALL PROCEEDINGS AGAINST THE DEFENDANT OR SINCE THE DATE OF THE2
DEFENDANT'S RELEASE FROM SUPERVISION, WHICHEVER IS LATER.3
(II)  I
F A MOTION IS FILED FOR THE SEALING OF AN OFFENSE4
DESCRIBED IN THIS SUBSECTION (1)(f.5), THE DEFENDANT SHALL PROVIDE5
NOTICE OF THE MOTION TO THE DISTRICT ATTORNEY . THE DISTRICT6
ATTORNEY SHALL DETERMINE WHETHER TO OBJECT TO THE MOTION AFTER7
CONSIDERING THE FACTORS LISTED IN SUBSECTION (1)(g) OF THIS SECTION.8
I
F THE DISTRICT ATTORNEY DOES NOT OBJECT , THE COURT MAY GRANT9
THE MOTION WITH OR WITHOUT THE BENEFIT OF A HEARING . IF THE10
DISTRICT ATTORNEY OBJECTS TO THE MOTION , THE COURT SHALL SET THE11
MATTER FOR HEARING. THE COURT MAY ONLY SEAL THE RECORDS IF THE12
CRIMINAL HISTORY FILED WITH THE MOTION AS REQUIRED BY SUBSECTION13
(1)(c) 
OF THIS SECTION DOCUMENTS TO THE COURT THAT THE DEFENDANT14
HAS NOT BEEN CONVICTED OF A CRIMINAL OFFENSE SINCE THE DATE OF15
THE FINAL DISPOSITION OF ALL CRIMINAL PROCEEDINGS AGAINST THE16
DEFENDANT OR SINCE THE DATE OF THE DEFENDANT 'S RELEASE FROM17
SUPERVISION, WHICHEVER IS LATER. THE COURT SHALL DECIDE THE18
MOTION AFTER CONSIDERING THE POSITION OF THE DISTRICT ATTORNEY19
AND THE FACTORS LISTED IN SUBSECTION (1)(g) OF THIS SECTION.20
(h)  A defendant who files a motion to seal criminal justice records21
pursuant to this section shall pay a processing fee of sixty-five dollars to22
cover the actual costs related to the sealing of the criminal justice records.23
The defendant shall pay to the Colorado bureau of investigation any costs24
related to the sealing of the defendant's criminal justice records in the25
custody of the bureau. The court shall waive the processing fee upon a26
determination that:27
SB23-290
-83- (I)  The defendant is indigent; or1
(II)  The defendant's records should have been automatically2
sealed pursuant to section 13-3-117, 24-72-704, or 24-72-705; 
OR3
(III)  T
HE DEFENDANT FILED A MOTION TO SEAL PURS UANT TO4
SUBSECTION (1)(f.5) OF THIS SECTION.5
SECTION 35. In Colorado Revised Statutes, add 24-76.5-104 as6
follows:7
24-76.5-104.  Natural medicine consumption consideration8
prohibited - exception. C
ONSIDERATION OF WHETHER A PERSON9
PERFORMS OR HAS PERFORMED AN ACTION THAT IS LAWFUL PURSUANT TO10
SECTION 18-18-434, ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 4411
IS NOT A REQUIREMENT FOR ELIGIBILITY FOR A PUBLIC ASSISTANCE12
PROGRAM, UNLESS CONSIDERATION IS REQUIRED PURSUANT TO FEDERAL13
LAW.14
SECTION 36. In Colorado Revised Statutes, add 25-56-104.5 as15
follows:16
25-56-104.5.  Prohibition on discrimination for organ17
transplants based solely on natural medicine consumption -18
applicability. (1)  T
HIS ARTICLE 56 APPLIES TO ALL STAGES OF THE ORGAN19
TRANSPLANT PROCESS.20
(2)  A
 COVERED ENTITY SHALL NOT, SOLELY ON THE BASIS OF A21
PERSON'S CONSUMPTION OF NATURAL MEDICINE OR NATURAL MEDICINE22
PRODUCT:23
(a)  C
ONSIDER THE INDIVIDUAL INELIGIBLE TO RECEIVE AN24
ANATOMICAL GIFT OR ORGAN TRANSPLANT ;25
(b)  D
ENY MEDICAL SERVICES OR OTHER SERVICES RELATED TO26
ORGAN TRANSPLANTATION , INCLUDING DIAGNOSTIC SERVICES ,27
SB23-290
-84- EVALUATION, SURGERY, COUNSELING, AND POST-OPERATIVE TREATMENT1
AND SERVICES;2
(c)  R
EFUSE TO REFER THE INDIVIDUAL TO A TRANSPLANT CENTER3
OR OTHER RELATED SPECIALIST FOR THE PURPOSE OF BEING EVALUATED4
FOR OR RECEIVING AN ORGAN TRANSPLANT ;5
(d)  R
EFUSE TO PLACE A QUALIFIED RECIPIENT ON AN ORGAN6
TRANSPLANT WAITING LIST; OR7
(e)  P
LACE A QUALIFIED RECIPIENT ON AN ORGAN TRANSPLANT8
WAITING LIST AT A LOWER PRIORITY POSITION THAN THE POSITION AT9
WHICH THE PERSON WOULD HAVE BEEN PLACED IF THE PERSON DID NOT10
CONSUME NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT .11
(3)  N
OTWITHSTANDING SUBSECTION (2) OF THIS SECTION, A12
COVERED ENTITY MAY TAKE A PERSON 'S CONSUMPTION OF NATURAL13
MEDICINE OR NATURAL MEDICINE PRODUCT INTO ACCOUNT WHEN MAKING14
TREATMENT OR COVERAGE RECOMMENDATIONS OR DECISIONS , SOLELY TO15
THE EXTENT THAT THE NATURAL MEDICINE OR NATURAL MEDICINE16
PRODUCT CONSUMPTION HAS BEEN FOUND BY A PHYSICIAN OR SURGEON ,17
FOLLOWING AN INDIVIDUALIZED EVALUATION OF THE PERSON , TO BE18
MEDICALLY SIGNIFICANT TO THE PROVISION OF THE ANATOMICAL GIFT OR19
ORGAN TRANSPLANT.20
(4)  A
 COVERED ENTITY SHALL:21
(a)  M
AKE REASONABLE MODIFICATIONS TO ITS POLICIES ,22
PRACTICES, AND PROCEDURES TO ALLOW A PERSON WHO CONSUMES23
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT ACCESS TO24
TRANSPLANTATION-RELATED SERVICES, INCLUDING DIAGNOSTIC SERVICES,25
SURGERY, COVERAGE, POST-OPERATIVE TREATMENT, AND COUNSELING,26
UNLESS THE COVERED ENTITY DEMONSTRATES THAT MAKING SUCH27
SB23-290
-85- MODIFICATIONS WOULD FUNDAMENTALLY ALTER THE NATURE OF THE1
SERVICES PROVIDED; AND2
(b)  T
AKE REASONABLE AND NECESSARY STEPS TO ENSURE THAT A3
PERSON'S CONSUMPTION OF NATURAL MEDICINE OR NATURAL MEDICINE4
PRODUCT IS NOT THE REASON THE PERSON IS DENIED MEDICAL SERVICES5
OR OTHER SERVICES RELATED TO ORGAN TRANSPLANTATION , INCLUDING6
DIAGNOSTIC SERVICES, SURGERY, POST-OPERATIVE TREATMENT , OR7
COUNSELING, DUE TO THE ABSENCE OF AUXILIARY AIDS OR SERVICES ,8
UNLESS THE COVERED ENTITY DEMONSTRATES THAT TAKING SUCH STEPS9
WOULD FUNDAMENTALLY ALTER THE NATURE OF THE MEDICAL SERVICES10
OR OTHER SERVICES RELATED TO ORGAN TRANSPLANTATION OR WOULD11
RESULT IN AN UNDUE BURDEN FOR THE COVERED ENTITY .12
(5)  N
OTHING IN THIS ARTICLE 56 REQUIRES A COVERED ENTITY TO13
MAKE A REFERRAL OR RECOMMENDATION FOR OR PERFORM A MEDICALLY14
INAPPROPRIATE ORGAN TRANSPLANT .15
SECTION 37. In Colorado Revised Statutes, 35-36-102, amend16
(14)(b) as follows:17
35-36-102.  Rules - definitions. As used in this article 36, unless18
the context otherwise requires:19
(14) (b)  "Farm products" does not include poultry and poultry20
products, timber products, nursery stock, commodities, or
 marijuana, OR21
NATURAL MEDICINE AS DEFINED IN SECTION 12-170-104 (11).22
SECTION 38. In Colorado Revised Statutes, 39-22-104, add23
(4)(r.5) as follows:24
39-22-104.  Income tax imposed on individuals, estates, and25
trusts - single rate - report - legislative declaration - definitions -26
repeal. (4)  There shall be subtracted from federal taxable income:27
SB23-290
-86- (r.5)  FOR INCOME TAX YEARS COMMENCING ON OR AFTER1
J
ANUARY 1, 2024, IF A TAXPAYER IS LICENSED PURSUANT TO THE2
"C
OLORADO NATURAL MEDICINE CODE", ARTICLE 50 OF TITLE 44, AN3
AMOUNT EQUAL TO ANY EXPENDITURE THAT IS ELIGIBLE TO BE CLAIMED4
AS A FEDERAL INCOME TAX DEDUCTION BUT IS DISALLOWED BY SECTION5
280E
 OF THE INTERNAL REVENUE CODE BECAUSE NATURAL MEDICINE IS A6
CONTROLLED SUBSTANCE UNDER FEDERAL LAW ;7
SECTION 39. In Colorado Revised Statutes, 39-22-304, add8
(3)(m.5) as follows:9
39-22-304.  Net income of corporation - legislative declaration10
- definitions - repeal. (3)  There shall be subtracted from federal taxable11
income:12
(m.5)  F
OR INCOME TAX YEARS COMMENCING ON OR AFTER13
J
ANUARY 1, 2024, IF A TAXPAYER IS LICENSED PURSUANT TO THE14
"C
OLORADO NATURAL MEDICINE CODE", ARTICLE 50 OF TITLE 44, AN15
AMOUNT EQUAL TO ANY EXPENDITURE THAT IS ELIGIBLE TO BE CLAIMED16
AS A FEDERAL INCOME TAX DEDUCTION BUT IS DISALLOWED BY SECTION17
280E
 OF THE INTERNAL REVENUE CODE BECAUSE NATURAL MEDICINE IS A18
CONTROLLED SUBSTANCE UNDER FEDERAL LAW ;19
SECTION 40. Effective date. This act takes effect July 1, 2023.20
SECTION 41. Safety clause. The general assembly hereby finds,21
determines, and declares that this act is necessary for the immediate22
preservation of the public peace, health, or safety.23
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