First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 23-0271.07 Jacob Baus x2173
SENATE BILL 23-290
Senate Committees House Committees
Finance
Appropriations
A BILL FOR AN ACT
C
ONCERNING NATURAL MEDICINE , AND, IN CONNECTION THEREWITH ,
101
MAKING AN APPROPRIATION .102
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;
SENATE
3rd Reading Unamended
April 25, 2023
SENATE
Amended 2nd Reading
April 24, 2023
SENATE SPONSORSHIP
Fenberg, Bridges, Ginal, Jaquez Lewis, Marchman, Priola
HOUSE SPONSORSHIP
Amabile,
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. ! Promulgate rules necessary for the regulation of facilitators
and the practice of facilitation; and
! 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
290
-2- medicine or natural medicine product commits a drug petty
offense and is subject to a fine of not more than $100 and
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
290
-3- product on or in that property.
The bill states that an act involving natural medicine or natural
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 THE FEDERALLY
10
RECOGNIZED AMERICAN TRIBES AND INDIGENOUS PEOPLE, COMMUNITIES,11
CULTURES, AND RELIGIONS IF NATURAL MEDICINE IS OVERLY12
COMMODIFIED, COMMERCIALIZED, AND EXPLOITED IN A MANNER THAT13
290-4- RESULTS IN THE ERASURE OF IMPORTANT CULTURAL AND RELIGIOUS1
CONTEXT;2
(b) C
ONSIDERABLE HARM MAY OCCUR TO THE FEDERALLY
3
RECOGNIZED AMERICAN TRIBES AND INDIGENOUS PEOPLE, COMMUNITIES,4
CULTURES, AND RELIGIONS IF FACILITATORS, HEALING CENTERS, AND5
OTHER NATURAL MEDICINE LICENSEES WITH MINIMAL OR NO CONNECTION6
TO TRADITIONAL USE OF NATURAL MEDICINE MISAPPROPRIATE OR EXPLOIT7
TRIBAL AND INDIGENOUS CULTURES AND RELIGIONS ;8
(c) I
T IS THE GENERAL ASSEMBLY'S INTENT TO ENSURE THAT THE
9
FEDERALLY RECOGNIZED AMERICAN TRIBES AND INDIGENOUS PEOPLE,10
COMMUNITIES, CULTURES, AND RELIGIONS ARE HONORED AND RESPECTED11
AS THE STATE LEGALIZES AND REGULATES NATURAL MEDICINE . BY12
ENACTING LAWS, RULES, AND ORDERS TO IMPLEMENT THIS ARTICLE 17013
AND ARTICLE 50 OF TITLE 44, THE GENERAL ASSEMBLY , DIVISION, AND14
STATE LICENSING AUTHORITY SHALL CONSIDER THE POTENTIAL FOR15
DIRECT AND INDIRECT HARM THAT MAY OCCUR TO THE FEDERALLY 16
RECOGNIZED AMERICAN TRIBES AND INDIGENOUS PEOPLE, COMMUNITIES,17
CULTURES, AND RELIGIONS THAT HAVE A CONNECTION TO NATURAL18
MEDICINE; AND19
(d) A
LTHOUGH THERE MAY BE TREMENDOUS POTENTIAL IN20
UTILIZING NATURAL MEDICINE FOR MANAGING VARIOUS MENTAL HEALTH21
CONDITIONS, HEALING, AND SPIRITUAL GROWTH, THIS POTENTIAL MUST BE22
APPROPRIATELY BALANCED WITH THE HEALTH AND SAFETY RISKS THAT IT23
COULD POSE TO CONSUMERS AS WELL AS THE CULTURAL HARMS IT COULD24
POSE TO THE FEDERALLY RECOGNIZED AMERICAN TRIBES AND
INDIGENOUS25
AND TRADITIONAL COMMUNITIES THAT HAVE CONNECTIONS TO NATURAL26
MEDICINE.27
290
-5- SECTION 2. In Colorado Revised Statutes, repeal and reenact,1
with amendments, 12-170-103 as follows:2
12-170-103. Applicability of common provisions. A
RTICLES 13
AND 20 OF THIS TITLE 12 APPLY, ACCORDING TO THEIR TERMS, TO THIS4
ARTICLE 170.5
SECTION 3. In Colorado Revised Statutes, repeal and reenact,6
with amendments, 12-170-104 as follows:7
12-170-104. Definitions. A
S USED IN THIS ARTICLE 170, UNLESS8
THE CONTEXT OTHERWISE REQUIRES :9
(1) "A
DMINISTRATION SESSION" MEANS A SESSION CONDUCTED AT10
A HEALING CENTER, OR ANOTHER LOCATION AS ALLOWED BY THIS ARTICLE11
170
AND ARTICLE 50 OF TITLE 44, DURING WHICH A PARTICIPANT12
CONSUMES AND EXPERIENCES THE EFFECTS OF REGULATED NATURAL13
MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT UNDER THE14
SUPERVISION OF A FACILITATOR.15
(2) "B
OARD" MEANS THE STATE NATURAL MEDICINE ADVISORY16
BOARD CREATED IN SECTION 12-170-106.17
(3) "D
IRECTOR" MEANS THE DIRECTOR OF THE DIVISION OR THE18
DIRECTOR'S DESIGNEE.19
(4) "D
IVISION" MEANS THE DIVISION OF PROFESSIONS AND20
OCCUPATIONS CREATED IN THE DEPARTMENT PURSUANT TO SECTION21
12-20-103.22
(5) "F
ACILITATION" MEANS THE PERFORMANCE AND SUPERVISION23
OF NATURAL MEDICINE SERVICES FOR A PARTICIPANT .24
(6) "F
ACILITATOR" MEANS AN INDIVIDUAL WHO IS TWENTY -ONE25
YEARS OF AGE OR OLDER ; HAS THE NECESSARY QUALIFICATIONS ,26
TRAINING, EXPERIENCE, AND KNOWLEDGE , AS REQUIRED PURSUANT TO27
290
-6- THIS ARTICLE 170 OR RULES PROMULGATED PURSUANT TO THIS ARTICLE1
170,
TO PERFORM AND SUPERVISE NATURAL MEDICINE SERVICES FOR A2
PARTICIPANT; AND IS LICENSED BY THE DIRECTOR TO ENGAGE IN THE3
PRACTICE OF FACILITATION.4
(7) "H
EALING CENTER" MEANS AN ENTITY LICENSED BY THE STATE5
LICENSING AUTHORITY PURSUANT TO ARTICLE 50 OF TITLE 44 THAT6
PERMITS A FACILITATOR TO PROVIDE AND SUPERVISE NATURAL MEDICINE7
SERVICES FOR A PARTICIPANT.8
(8) "H
EALTH-CARE FACILITY" MEANS AN ENTITY THAT IS9
LICENSED, CERTIFIED, OR OTHERWISE PERMITTED BY LAW TO ADMINISTER10
MEDICAL TREATMENT IN THIS STATE , INCLUDING A HOSPITAL, CLINIC,11
HOSPICE ENTITY, COMMUNITY MENTAL HEALTH CENTER , FEDERALLY12
QUALIFIED HEALTH CENTER , RURAL HEALTH CLINIC , ORGANIZATION13
PROVIDING A PROGRAM OF ALL -INCLUSIVE CARE FOR THE ELDERLY ,14
LONG-TERM CARE FACILITY, CONTINUING CARE RETIREMENT COMMUNITY ,15
OR OTHER TYPE OF ENTITY WHERE HEALTH CARE IS PROVIDED .16
(9) "I
NTEGRATION SESSION" MEANS A MEETING BETWEEN A17
PARTICIPANT AND FACILITATOR THAT OCCURS AFTER THE COMPLETION OF18
AN ADMINISTRATION SESSION.19
(10) "L
OCAL JURISDICTION" MEANS A COUNTY, MUNICIPALITY, OR20
CITY AND COUNTY.21
(11) (a) "N
ATURAL MEDICINE" MEANS THE FOLLOWING22
SUBSTANCES:23
(I) P
SILOCYBIN; OR24
(II) P
SILOCYN.25
(b) I
N ADDITION TO THE SUBSTANCES LISTED IN SUBSECTION26
(11)(a)
OF THIS SECTION, "NATURAL MEDICINE" INCLUDES:27
290
-7- (I) DIMETHYLTRYPTAMINE, IF RECOMMENDED BY THE BOARD AND1
APPROVED BY THE DIRECTOR AND THE EXECUTIVE DIRECTOR OF THE STATE2
LICENSING AUTHORITY FOR INCLUSION ON OR AFTER JUNE 1, 2026;3
(II)
IBOGAINE, IF RECOMMENDED BY THE BOARD AND APPROVED4
BY THE DIRECTOR AND THE EXECUTIVE DIRECTOR OF THE STATE LICENSING5
AUTHORITY; OR6
(III) M
ESCALINE, IF RECOMMENDED BY THE BOARD AND APPROVED7
BY THE DIRECTOR AND THE EXECUTIVE DIRECTOR OF THE STATE LICENSING8
AUTHORITY FOR INCLUSION ON OR AFTER JUNE 1, 2026.9
(c) "N
ATURAL MEDICINE" DOES NOT MEAN A SYNTHETIC OR10
SYNTHETIC ANALOG OF THE SUBSTANCES LISTED IN SUBSECTIONS (11)(a)11
AND (11)(b) OF THIS SECTION, INCLUDING A DERIVATIVE OF A NATURALLY12
OCCURRING COMPOUND OF NATURAL MEDICINE THAT IS PRODUCED USING13
CHEMICAL SYNTHESIS , CHEMICAL MODIFICATION , OR CHEMICAL14
CONVERSION.15
(d) N
OTWITHSTANDING SUBSECTION (11)(b)(III) OF THIS SECTION,16
"
MESCALINE" DOES NOT INCLUDE PEYOTE, MEANING ALL PARTS OF THE17
PLANT CLASSIFIED BOTANICALLY AS LOPHOPHORA WILLIAMSII LEMAIRE ,18
WHETHER GROWING OR NOT ; ITS SEED; ANY EXTRACT FROM ANY PART OF19
THE PLANT, AND EVERY COMPOUND , SALT, DERIVATIVE, MIXTURE, OR20
PREPARATION OF THE PLANT; OR ITS SEEDS OR EXTRACTS.21
(12) "N
ATURAL MEDICINE PRODUCT" MEANS A PRODUCT INFUSED22
WITH NATURAL MEDICINE THAT IS INTENDED FOR CONSUMPTION .23
(13) "N
ATURAL MEDICINE SERVICES " MEANS A PREPARATION24
SESSION, ADMINISTRATION SESSION, AND INTEGRATION SESSION PROVIDED25
PURSUANT TO THIS ARTICLE 170.26
(14) "P
ARTICIPANT" MEANS AN INDIVIDUAL WHO IS TWENTY -ONE27
290
-8- YEARS OF AGE OR OLDER AND WHO RECEIVES NATURAL MEDICINE1
SERVICES PERFORMED BY AND UNDER THE SUPERVISION OF A FACILITATOR .2
(15) "P
REPARATION SESSION" MEANS A MEETING BETWEEN A3
PARTICIPANT AND FACILITATOR THAT OCCURS BEFORE AN4
ADMINISTRATION SESSION. "PREPARATION SESSION" DOES NOT MEAN AN5
INITIAL CONSULTATION, AN INQUIRY, OR RESPONSE ABOUT NATURAL6
MEDICINE SERVICES.7
(16) "R
EGULATED NATURAL MEDICINE " MEANS NATURAL8
MEDICINE THAT IS CULTIVATED , MANUFACTURED, TESTED, STORED,9
DISTRIBUTED, TRANSPORTED, TRANSFERRED, OR DISPENSED PURSUANT TO10
ARTICLE 50 OF TITLE 44.11
(17) "R
EGULATED NATURAL MEDICINE PRODUCT " MEANS NATURAL12
MEDICINE PRODUCT THAT IS CULTIVATED , MANUFACTURED, TESTED,13
STORED, DISTRIBUTED, TRANSPORTED, TRANSFERRED, OR DISPENSED14
PURSUANT TO ARTICLE 50 OF TITLE 44.15
(18) "R
EMUNERATION" MEANS ANYTHING OF VALUE, INCLUDING16
MONEY, REAL PROPERTY , TANGIBLE AND INTANGIBLE PERSONAL17
PROPERTY, CONTRACT RIGHT, CHOSE IN ACTION, SERVICE, AND ANY RIGHT18
OF USE OR EMPLOYMENT OR PR OMISE OR AGREEMENT CONNECTED19
THEREWITH, BUSINESS PROMOTION, OR COMMERCIAL ACTIVITY.
20
(19) "S
TATE LICENSING AUTHORITY " MEANS THE AUTHORITY21
CREATED FOR THE PURPOSE OF REGULATING AND CONTROLLING THE22
LICENSING OF THE CULTIVATION, MANUFACTURING, TESTING, STORING,23
DISTRIBUTION, TRANSPORTATION, TRANSFER, AND DISPENSATION OF24
REGULATED NATURAL MEDICINE AND REGULATED NATURAL MEDICINE25
PRODUCT IN THIS STATE PURSUANT TO SECTION 44-50-201.26
SECTION 4. In Colorado Revised Statutes, repeal and reenact,27
290
-9- with amendments, 12-170-105 as follows:1
12-170-105. Director powers and duties - prohibition - rules.2
(1) I
N ADDITION TO ANY OTHER POWERS AND DUTIES GRANTED OR3
IMPOSED ON THE DIRECTOR PURSUANT TO THIS ARTICLE 170 OR BY ANY4
OTHER LAW, THE DIRECTOR HAS THE FOLLOWING POWERS AND DUTIES :5
(a) T
O PROMULGATE RULES PURSUANT TO SECTION 12-20-2046
CONCERNING THE FOLLOWING SUBJECTS :7
(I) R
EQUIREMENTS FOR THE SAFE PROVISION OF REGULATED8
NATURAL MEDICINE, REGULATED NATURAL MEDICINE PRODUCT , AND9
NATURAL MEDICINE SERVICES TO A PARTICIPANT , INCLUDING:10
(A) P
ARAMETERS FOR A PREPARATION SESSION , AN11
ADMINISTRATION SESSION, AND AN INTEGRATION SESSION , INCLUDING12
REQUIREMENTS FOR PROVIDING AND VERIFYING THE COMPLETION OF EACH13
SESSION; WHETHER ANY OF THE SESSIONS MAY BE CONDUCTED USING14
TELEPHONE OR AUDIO-VISUAL COMMUNICATION TECHNOLOGY ; AND ANY15
TIMELINESS REQUIREMENTS FOR WHEN EACH SESSION MUST BE COMPLETED16
IN RELATION TO THE OTHER SESSIONS;17
(B) H
EALTH AND SAFETY WARNINGS THAT MUST BE PROVIDED TO18
A PARTICIPANT BEFORE THE PREPARATION SESSION , ADMINISTRATION19
SESSION, AND INTEGRATION SESSION BEGIN;20
(C) E
DUCATIONAL MATERIALS THAT MUST BE PROVIDED TO A21
PARTICIPANT BEFORE THE PREPARATION SESSION , ADMINISTRATION22
SESSION, AND INTEGRATION SESSION BEGIN;23
(D) A
FORM THAT A PARTICIPANT , FACILITATOR, AND AN24
AUTHORIZED REPRESENTATIVE OF THE HEALING CENTER MUST SIGN ,25
UNLESS THE FACILITATOR IS A SOLE PRACTITIONER , THEN ONLY THE26
PARTICIPANT AND FACILITATOR MUST SIGN , BEFORE THE PREPARATION27
290
-10- SESSION, ADMINISTRATION SESSION, AND INTEGRATION SESSION BEGIN. AT1
A MINIMUM, THE FORM MUST PROVIDE THAT THE PARTICIPANT PROVIDED2
THE PARTICIPANT'S COMPLETE AND ACCURATE HEALTH INFORMATION TO3
THE FACILITATOR AND THAT THE FACILITATOR PROVIDED TO THE4
PARTICIPANT IDENTIFIED RISK FACTORS BASED UPON THE PARTICIPANT 'S5
PROVIDED HEALTH INFORMATION AND DRUG CONTRAINDICATIONS ;6
PARTICIPANT EXPECTATIONS OF THE NATURAL MEDICINE SERVICES ;7
PARAMETERS FOR PHYSICAL CONTACT DURING NATURAL MEDICINE8
SERVICES, THE REQUIREMENT OF INFORMED CONSENT PERMITTING9
PHYSICAL CONTACT, AND THE RIGHT TO WITHDRAW CONSENT FOR10
PHYSICAL CONTACT; AND RISKS OF PARTICIPATING IN NATURAL MEDICINE11
SERVICES.12
(E) P
ROPER SUPERVISION BY THE FACILITATOR DURING THE13
ADMINISTRATION SESSION, AND REQUIREMENTS TO ENSURE THAT THE14
PARTICIPANT HAS A DISCHARGE PLAN OR SAFE TRANSPORTATION FROM15
THE HEALING CENTER;16
(F) P
ROVISIONS FOR GROUP ADMINISTRATION SESSIONS ,17
INCLUDING REQUIREMENTS FOR AN ADMINISTRATION SESSION THAT HAS18
ONE OR MORE FACILITATORS PERFORMING AND SUPERVISING THE19
ADMINISTRATION SESSION FOR MORE THAN ONE PARTICIPANT ;20
(G) P
ROVISIONS TO PERMIT A FACILITATOR TO REFUSE TO PROVIDE21
NATURAL MEDICINE SERVICES TO A PERSON BASED UPON HEALTH AND22
SAFETY RISKS, OR CIRCUMSTANCES PROMULGATED BY RULE ; AND23
(H) T
HE DOSAGE LIMIT OF REGULATED NATURAL MEDICINE OR24
REGULATED NATURAL MEDICINE PRODUCT THAT MAY BE PROVIDED TO A25
PARTICIPANT FOR CONSUMPTION DURING AN ADMINISTRATION SESSION .26
(II) R
EQUIREMENTS FOR THE LICENSING OF FACILITATORS ,27
290
-11- PRACTICE OF FACILITATION , AND PROFESSI ONAL CONDUCT OF1
FACILITATORS, INCLUDING:2
(A) T
HE FORM AND PROCEDURES FOR APPLYING FOR A NEW3
LICENSE OR RENEWING OR REINSTATING A LICENSE ISSUED PURSUANT TO4
THIS ARTICLE 170;5
(B) T
HE EDUCATIONAL AND EXPERIENTIAL REQUIREMENTS AND6
QUALIFICATIONS FOR AN INDIVIDUAL TO BECOME A FACILITATOR ,7
INCLUDING EDUCATION AND TRAINING ON PARTICIPANT SAFETY , DRUG8
INTERACTIONS, CONTRAINDICATIONS, MENTAL HEALTH AND STATE ,9
PHYSICAL HEALTH AND STATE, SOCIAL AND CULTURAL CONSIDERATIONS ,10
PREPARATION, ADMINISTRATION, INTEGRATION, AND ETHICS. THE11
EDUCATIONAL REQUIREMENTS MUST NOT REQUIRE A PROFESSIONAL12
LICENSE OR PROFESSIONAL DEGREE OTHER THAN A FACILITATOR LICENSE13
ISSUED PURSUANT TO THIS ARTICLE 170, EXCEPT THAT IF THERE ARE14
MULTIPLE TIERS OF FACILITATOR LICENSES , AN ADVANCED TIER OF15
FACILITATOR LICENSES MAY REQUIRE ANOTHER PROFESSI ONAL LICENSE OR16
PROFESSIONAL DEGREE;17
(C) O
VERSIGHT AND SUPERVISION REQUIREMENTS , INCLUDING18
PROFESSIONAL RESPONSIBILITY STANDARDS AND CONTINUING EDUCATION19
REQUIREMENTS;20
(D) E
STABLISHMENT OF PROFESSIONAL STANDARDS OF CONDUCT21
TO PRACTICE FACILITATION, OR A LICENSE, REGISTRATION, PERMIT, OR22
CERTIFICATION PURSUANT TO THIS ARTICLE 170;23
(E) P
ARAMETERS FOR PHYSICAL CONTACT WITH A PARTICIPANT24
DURING NATURAL MEDICINE SERVICES , INCLUDING REQUIREMENTS FOR25
OBTAINING SIGNED INFORMED CONSENT FOR PERMISSIBLE PHYSICAL26
CONTACT AND PERMITTING A PARTICIPANT TO WITHDRAW CONSENT FOR27
290
-12- PERMISSIBLE PHYSICAL CONTACT WITH A PARTICIPANT IN ANY MANNER1
AND AT ANY TIME;2
(F) P
ERMITTING REMUNERATION FOR THE PROVISION OF NATURAL3
MEDICINE SERVICES;4
(G) P
ERMITTING PROVISION OF GROUP ADMINISTRATION SESSIONS5
BY ONE FACILITATOR WHO IS PERFORMING AND SUPERVISING THE6
ADMINISTRATION SESSION FOR MORE THAN ONE PARTICIPANT , AND7
ESTABLISH A LIMIT ON THE TOTAL NUMBER OF PARTICIPANTS WHO MAY8
PARTICIPATE IN A GROUP ADMINISTRATION SESSION THAT IS PERFORMED9
AND SUPERVISED BY ONE FACILITATOR ;10
(H) R
ECORD-KEEPING, PRIVACY, AND CONFIDENTIALITY11
REQUIREMENTS FOR LICENSEES , REGISTRANTS, PERMITTEES, AND12
CERTIFICATE HOLDERS, INCLUDING PROTECTIONS PREVENTING DISCLOSURE13
OF A PROSPECTIVE PARTICIPANT 'S OR PARTICIPANT'S PERSONALLY14
IDENTIFIABLE INFORMATION TO THE PUBLIC , THIRD PARTIES, OR ANY15
GOVERNMENT AGENCY , EXCEPT AS ALLOWED FOR PURPOSES EXPRESSLY16
STATED PURSUANT TO THIS ARTICLE 170, RULES PROMULGATED PURSUANT17
TO THIS ARTICLE 170, ARTICLE 50 OF TITLE 44,
RULES PROMULGATED18
PURSUANT TO ARTICLE 50 OF TITLE 44, OR FOR STATE OR LOCAL LAW19
ENFORCEMENT AGENCIES TO ACCESS RECORDS AND INFORMATION FOR20
OTHER STATE OR LOCAL LAW ENFORCEMENT . THE INFORMATION OR21
RECORDS RELATED TO A PARTICIPANT CONSTITUTE MEDICAL DATA AS22
DESCRIBED IN SECTION 24-72-204 (3)(a)(I), AND THE INFORMATION OR23
RECORDS MAY ONLY BE DISCLOSED TO THOSE PERSONS DIRECTLY24
INVOLVED WITH AN ACTIVE INVESTIGATION OR PROCEEDING .25
(I) P
ARAMETERS FOR A FACILITATOR 'S PERMISSIBLE AND26
PROHIBITED FINANCIAL INTERESTS IN A HEALING CENTER , LICENSE27
290
-13- PURSUANT TO THIS ARTICLE 170, OR LICENSE PURSUANT TO ARTICLE 50 OF1
TITLE 44; EXCEPT THAT A FACILITATOR MAY NOT HAVE A FINANCIAL2
INTEREST IN MORE THAN FIVE NATURAL MEDICINE BUSINESS LICENSES3
PURSUANT TO ARTICLE 50 OF TITLE 44.4
(J) P
ARAMETERS FOR A FACILITATOR TO PROVIDE AND SUPERVISE5
NATURAL MEDICINE SERVICES AT AN AUTHORIZED LOCATION THAT IS NOT6
A HEALING CENTER'S LICENSED PREMISES, INCLUDING A HEALTH-CARE7
FACILITY OR A PRIVATE RESIDENCE;8
(K) S
TANDARDS FOR ADVERTISING AND MARKETING A LICENSEE 'S9
SERVICES, INCLUDING: AVOIDING THE MISAPPROPRIATION AND10
EXPLOITATION OF THE FEDERALLY RECOGNIZED AMERICAN TRIBES AND
11
I
NDIGENOUS PEOPLE, COMMUNITIES, CULTURES, AND RELIGIONS; AVOIDING12
THE EXCESSIVE COMMERCIALIZATION OF NATURAL MEDICINE , NATURAL13
MEDICINE PRODUCT, AND NATURAL MEDICINE SERVICES ; PROHIBITING14
ADVERTISING AND MARKETING OF NATURAL MEDICINE , NATURAL15
MEDICINE PRODUCT, AND NATURAL MEDICINE SERVICES DIRECTED TO16
INDIVIDUALS WHO ARE UNDER TWENTY -ONE YEARS OF AGE; AND OTHER17
PARAMETERS DETERMINED NECESSARY BY THE DIRECTOR .18
(III) A
NY RULES NECESSARY TO DIFFERENTIATE BETWEEN THE19
TYPES OF REGULATED NATURAL MEDICINE OR REGULATED NATURAL20
MEDICINE PRODUCT PROVIDED FOR PARTICIPANT CONSUMPTION DURING AN21
ADMINISTRATION SESSION BASED ON QUALITIES , TRADITIONAL USES, AND22
SAFETY PROFILE;23
(IV) A
NY RULES DETERMINED NECESSARY BY THE DIRECTOR24
RELATED TO THE POWERS OR DUTIES GRANTED OR IMPOSED ON THE25
DIRECTOR PURSUANT TO THIS ARTICLE 170 OR BY ANY OTHER LAW; AND26
(V) A
NY OTHER MATTERS DETERMINED NECESSARY BY THE27
290
-14- DIRECTOR TO IMPLEMENT OR ADMINISTER THIS ARTICLE 170.1
(b) B
EGINNING ON OR BEFORE DECEMBER 31, 2024, TO REVIEW2
APPLICATIONS IN THE FORM AND MANNER DETERMINED BY THE DIRECTOR3
FOR NEW LICENSES, REGISTRATIONS, PERMITS, OR CERTIFICATES AFTER4
PAYMENT OF THE REQUIRED FEE AND TO GRANT OR DENY LICENSES ,5
REGISTRATIONS, PERMITS, OR CERTIFICATES AS PROVIDED IN THIS ARTICLE6
170
OR A RULE PROMULGATED PURSUANT TO THIS ARTICLE 170. THE7
DIVISION SHALL PRIORITIZE REVIEWING APPLICATIONS FROM APPLICANTS8
WHO HAVE ESTABLISHED RESIDENCY IN COLORADO.9
(c) T
O ESTABLISH LICENSES, REGISTRATIONS, PERMITS, OR10
CERTIFICATES DETERMINED NECESSARY BY THE DIRECTOR TO IMPLEMENT11
OR ADMINISTER THIS ARTICLE 170, AND TO ESTABLISH ELIGIBILITY12
REQUIREMENTS AND PRIVILEGES UNDER THE LICENSES , REGISTRATIONS,13
PERMITS, OR CERTIFICATES;14
(d) T
O ESTABLISH, WHEN FINANCIALLY FEASIBLE, PROCEDURES,15
POLICIES, AND PROGRAMS TO ENSURE THIS ARTICLE 170 AND RULES16
PROMULGATED PURSUANT TO THIS ARTICLE 170 ARE EQUITABLE AND17
INCLUSIVE AND PROMOTE THE LICENSING, REGISTRATION, AND PERMITTING18
OF, AND PROVISION OF NATURAL MEDICINE AND NATURAL MEDICINE19
PRODUCT TO, PERSONS FROM COMMUNITIES THAT HAVE BEEN20
DISPROPORTIONATELY HARMED BY HIGH RATES OF ARREST FOR21
CONTROLLED SUBSTANCES , PERSONS WHO FACE BARRIERS TO22
HEALTH-CARE ACCESS, PERSONS WHO HAVE TRADITIONAL , TRIBAL,
OR23
I
NDIGENOUS HISTORY WITH NATURAL MEDICINE OR NATURAL MEDICINE24
PRODUCT, OR TO PERSONS WHO ARE VETERANS . THE DIRECTOR MAY25
CONSULT THE BOARD WHEN CONSIDERING PROCEDURES , POLICIES, AND26
PROGRAMS PURSUANT TO THIS SUBSECTION (1)(d).27
290
-15- (e) TO CONDUCT INVESTIGATIONS AND HEARINGS , GATHER1
EVIDENCE, AND PURSUE DISCIPLINARY ACTIONS PURSUANT TO SECTIONS2
12-20-403,
12-20-404, AND 24-4-105, AND THIS ARTICLE 170, WITH3
RESPECT TO LICENSES, REGISTRATIONS, PERMITS, OR CERTIFICATES WHEN4
THE DIRECTOR HAS REASONABLE CAUSE TO BELIEVE THAT AN INDIVIDUAL5
OR ENTITY IS VIOLATING THIS ARTICLE 170 OR A RULE PROMULGATED6
PURSUANT TO THIS ARTICLE 170;7
(f) T
O TAKE DISCIPLINARY OR OTHER ACTION AS AUTHORIZED IN8
SECTION 12-20-404 OR LIMIT THE SCOPE OF PRACTICE OF AN APPLICANT,9
LICENSEE, REGISTRANT, PERMITTEE, OR CERTIFICATE HOLDER UPON PROOF10
OF A VIOLATION OF THIS ARTICLE 170 OR A RULE PROMULGATED11
PURSUANT TO THIS ARTICLE 170;12
(g) T
O ISSUE CEASE-AND-DESIST ORDERS UNDER THE13
CIRCUMSTANCES AND IN ACCORDANCE WITH THE PROCEDURES SPECIFIED14
IN SECTION 12-20-405;15
(h) (I) T
O PETITION A DISTRICT COURT FOR AN INVESTIGATIVE16
SUBPOENA APPLICABLE TO A PERSON WHO IS NOT LICENSED , REGISTERED,17
PERMITTED, OR CERTIFIED PURSUANT TO THIS ARTICLE 170 TO OBTAIN18
DOCUMENTS OR INFORMATION NECESSARY TO ENFORCE A PROVISION OF19
THIS ARTICLE 170 OR A RULE PROMULGATED PURSUANT TO THIS ARTICLE20
170
AFTER REASONABLE EFFORTS HAVE BEEN MADE TO OBTAIN21
REQUESTED DOCUMENTS OR INFORMATION WITHOUT A SUBPOENA ;22
(II) T
O APPLY TO ANY COURT OF COMPETENT JURISDICTION TO23
TEMPORARILY RESTRAIN OR PRELIMINARILY OR PERMANENTLY ENJOIN THE24
ACT IN QUESTION OF AN INDIVIDUAL WHO OR ENTITY THAT IS NOT25
LICENSED, REGISTERED, PERMITTED, OR CERTIFIED PURSUANT TO THIS26
ARTICLE 170 AND TO ENFORCE COMPLIANCE WITH THIS ARTICLE 170 OR A27
290
-16- RULE PROMULGATED PURSUANT TO THIS ARTICLE 170 WHENEVER IT1
APPEARS TO THE DIRECTOR UPON SUFFICIENT EVIDENCE SATISFACTORY TO2
THE DIRECTOR THAT AN INDIVIDUAL OR ENTITY HAS BEEN OR IS3
COMMITTING AN ACT PROHIBITED BY THIS ARTICLE 170 OR A RULE4
PROMULGATED PURSUANT TO THIS ARTICLE 170, AND THE ACT:5
(A) T
HREATENS PUBLIC HEALTH OR SAFETY ; OR6
(B) C
ONSTITUTES AN UNLAWFUL ACT FOR WHICH THE INDIVIDUAL7
OR ENTITY DOES NOT HOLD THE REQUIRED LICENSE , REGISTRATION,8
PERMIT, OR CERTIFICATE PURSUANT TO THIS ARTICLE 170 OR A RULE9
PROMULGATED PURSUANT TO THIS ARTICLE 170;10
(i) T
O MAINTAIN AND UPDATE AN ONLINE LIST THAT IS ACCESSIBLE11
TO THE PUBLIC OF LICENSEES , REGISTRANTS, PERMITTEES, AND12
CERTIFICATE HOLDERS THAT INCLUDES WHETHER THE LICENSEE ,13
REGISTRANT, PERMITTEE, OR CERTIFICATE HOLDER HAS HAD ITS LICENSE,14
REGISTRATION, PERMIT, OR CERTIFICATE LIMITED , SUSPENDED, OR15
REVOKED IN ACCORDANCE WITH A DISCIPLINARY ACTION PURSUANT TO16
THIS ARTICLE 170;17
(j) I
N COORDINATION WITH THE STATE LICENSING AUTHORITY18
PURSUANT TO SECTION 44-50-202 (1)(k), ANNUALLY PUBLISH A PUBLICLY19
AVAILABLE REPORT CONCERNING THE IMPLEMENTATION AND20
ADMINISTRATION OF THIS ARTICLE 170 AND ARTICLE 50 OF TITLE 44. THE21
REPORT MUST USE RELEVANT DATA , AS DETERMINED BY THE DIRECTOR22
AND THE STATE LICENSING AUTHORITY , AND MUST NOT DISCLOSE THE23
IDENTITY OF ANY PARTICIPANT OR INCLUDE ANY INFORMATION THAT24
COULD DISCLOSE THE IDENTITY OF A PARTICIPANT .25
(k) P
ERFORM OTHER FUNCTIONS AND DUTIES NECESSARY TO26
ADMINISTER THIS ARTICLE 170.27
290
-17- (2) THE DIRECTOR SHALL CONSULT THE BOARD WHEN1
CONSIDERING AND PROMULGATING RULES PURSUANT TO THIS ARTICLE 170.2
(3) T
HE DIVISION HAS AUTHORITY TO COLLECT AVAILABLE AND3
RELEVANT DATA NECESSARY TO PERFORM FUNCTIONS AND DUTIES4
NECESSARY TO ADMINISTER THIS ARTICLE 170.5
(4) T
HE DIRECTOR OR A DIVISION EMPLOYEE WITH REGULATORY6
OVERSIGHT RESPONSIBILITIES FOR LICENSEES, PERMITTEES, REGISTRANTS,7
OR CERTIFICATE HOLDERS PURSUANT TO THIS ARTICLE 170 SHALL NOT8
WORK FOR, REPRESENT, PROVIDE CONSULTING SERVICES TO , OR9
OTHERWISE DERIVE PECUNIARY GAIN FROM A LICENSEE , PERMITTEE,10
REGISTRANT, OR CERTIFICATE HOLDER THAT IS REGULATED PURSUANT TO11
THIS ARTICLE 170 OR ANY OTHER BUSINESS ESTABLISHED FOR THE12
PRIMARY PURPOSE OF PROVIDING SERVICES TO THE NATURAL MEDICINE13
INDUSTRY FOR A PERIOD OF SIX MONTHS AFTER THE EMPLOYEE 'S LAST DAY14
OF EMPLOYMENT WITH THE DIVISION .15
SECTION 5. In Colorado Revised Statutes, repeal and reenact,16
with amendments, 12-170-106 as follows:17
12-170-106. Board - creation - appointment - duties - report.18
(1) T
HERE IS CREATED WITHIN THE DIVISION A NATURAL MEDICINE19
ADVISORY BOARD, WHICH CONSISTS OF FIFTEEN MEMBERS, TO ADVISE THE20
DIVISION AND THE STATE LICENSING AUTHORITY CONCERNING THE21
IMPLEMENTATION OF THIS ARTICLE 170 AND ARTICLE 50 OF TITLE 44.22
(2) T
HE GOVERNOR SHALL APPOINT INITIAL BOARD MEMBERS ON23
OR BEFORE JANUARY 31, 2023, WITH CONSENT OF THE SENATE . THE24
MEMBERS MUST INCLUDE :25
(a) S
EVEN MEMBERS WITH SIGNIFICANT EXPERTISE AND26
EXPERIENCE IN ONE OR MORE OF THE FOLLOWING AREAS : NATURAL27
290
-18- MEDICINE THERAPY, MEDICINE, AND RESEARCH; MYCOLOGY AND NATURAL1
MEDICINE CULTIVATION; LICENSEE QUALIFICATIONS; EMERGENCY MEDICAL2
SERVICES AND SERVICES PROVIDED BY FIRST RESPONDERS ; MENTAL AND3
BEHAVIORAL HEALTH CARE; HEALTH-CARE INSURANCE AND HEALTH-CARE4
POLICY; AND PUBLIC HEALTH, DRUG POLICY, AND HARM REDUCTION; AND5
(b) E
IGHT MEMBERS WITH SIGNIFICANT EXPERTISE AND6
EXPERIENCE IN ONE OR MORE OF THE FOLLOWING AREAS : RELIGIOUS USE7
OF NATURAL MEDICINES; ISSUES CONFRONTING VETERANS; TRADITIONAL8
TRIBAL OR INDIGENOUS
USE OF NATURAL MEDICINES ; LEVELS AND9
DISPARITIES IN ACCESS TO HEALTH-CARE SERVICES AMONG DIFFERENT10
COMMUNITIES; AND PAST CRIMINAL JUSTICE REFORM EFFORTS IN11
C
OLORADO. AT LEAST ONE OF THE EIGHT MEMBERS MUST HAVE EXPERTISE12
OR EXPERIENCE IN TRADITIONAL , TRIBAL, OR
INDIGENOUS USE OF13
NATURAL MEDICINES.14
(3) T
HE BOARD INCLUDES THE EXECUTIVE DIRECTOR OF THE15
DEPARTMENT OF REVENUE , OR THE EXECUTIVE DIRECTOR 'S DESIGNEE,16
SERVING AS A NON-VOTING MEMBER.17
(4) (a) F
OR THE INITIAL BOARD, SEVEN OF THE MEMBERS ARE18
APPOINTED TO A TERM OF TWO YEARS AND EIGHT MEMBERS ARE19
APPOINTED TO A TERM OF FOUR YEARS AS DESIGNATED IN THE20
GOVERNOR'S APPOINTMENT.21
(b) A
T THE EXPIRATION OF THE TERMS OF THE MEMBERS OF THE22
INITIAL BOARD PURSUANT TO SUBSECTION (2) OF THIS SECTION, THE23
GOVERNOR SHALL APPOINT MEMBERS TO THE BOARD , WITHOUT CONSENT24
OF THE SENATE. EACH MEMBER APPOINTED BY THE GOVERNOR IS25
APPOINTED TO A TERM OF FOUR YEARS .26
(c) E
XCEPT FOR THE EXECUTIVE DIRECTOR OF THE STATE27
290
-19- LICENSING AUTHORITY, OR THE EXECUTIVE DIRECTOR 'S DESIGNEE,1
MEMBERS OF THE BOARD MAY SERVE UP TO TWO CONSECUTIVE TERMS .2
M
EMBERS ARE SUBJECT TO REMOVAL FOR MISCONDUCT , INCOMPETENCE,3
NEGLECT OF DUTY, OR UNPROFESSIONAL CONDUCT .4
(5) T
HE BOARD SHALL MAKE RECOMMENDATIONS TO THE5
DIRECTOR AND STATE LICENSING AUTHORITY RELATED TO , BUT NOT6
LIMITED TO, THE FOLLOWING AREAS:7
(a) A
CCURATE PUBLIC HEALTH APPROACHES REGARDING USE ,8
BENEFITS, HARMS,
AND RISK REDUCTION FOR NATURAL MEDICINE AND9
NATURAL MEDICINE PRODUCT AND THE CONTENT AND SCOPE OF10
EDUCATIONAL CAMPAIGNS RELATED TO NATURAL MEDICINE AND NATURAL11
MEDICINE PRODUCT;12
(b) R
ESEARCH RELATED TO THE EFFICACY AND REGULATION OF13
NATURAL MEDICINE AND NATURAL MEDICINE PRODUCT , INCLUDING14
RECOMMENDATIONS RELATED TO PRODUCT SAFETY , HARM REDUCTION,15
AND CULTURAL RESPONSIBILITY;16
(c) T
HE PROPER CONTENT OF TRAINING PROGRAMS , EDUCATIONAL17
AND EXPERIENTIAL REQUIREMENTS , AND QUALIFICATIONS FOR18
FACILITATORS. WHEN CONSIDERING RECOMMENDATIONS MADE PURSUANT19
TO THIS SUBSECTION (5)(c), THE BOARD MAY CONSIDER :20
(I) T
IERED FACILITATOR LICENSING , FOR THE PURPOSE OF21
REQUIRING VARYING LEVELS OF EDUCATION AND TRAINING DEPENDENT22
UPON THE TYPE OF PARTICIPANT THAT THE FACILITATOR WILL BE23
PROVIDING SERVICES TO AND THE TYPE OF SERVICES THE FACILITATOR24
WILL BE PROVIDING;25
(II) L
IMITED WAIVERS OF EDUCATION AND TRAINING26
REQUIREMENTS BASED UPON THE APPLICANT 'S PRIOR EXPERIENCE,27
290
-20- TRAINING, OR SKILLS, INCLUDING BUT NOT LIMITED TO NATURAL MEDICINE1
OR NATURAL MEDICINE PRODUCT ; AND2
(III) T
HE REMOVAL OF UNREASONABLE FINANCIAL OR LOGISTICAL3
BARRIERS THAT MAKE OBTAINING A FACILITATOR LICENSE COMMERCIALLY4
UNREASONABLE FOR INDIVIDUALS, INCLUDING LOW-INCOME INDIVIDUALS.5
(d) A
FFORDABLE, EQUITABLE, ETHICAL, AND CULTURALLY6
RESPONSIBLE ACCESS TO NATURAL MEDICINE AND NATURAL MEDICINE7
PRODUCT AND REQUIREMENTS TO ENSURE THIS ARTICLE 170 IS EQUITABLE8
AND INCLUSIVE. IN PERFORMING THIS REQUIREMENT , THE BOARD MAY9
CONSIDER MAKING RECOMMENDATIONS ON WAYS TO REDUCE THE COSTS10
OF LICENSURE FOR LOW-INCOME INDIVIDUALS, FOR PROVIDING INCENTIVES11
FOR THE PROVISION OF NATURAL MEDICINE SERVICES AT A REDUCED COST12
TO INDIVIDUALS WITH LOW INCOME, AND PROVIDING INCENTIVES FOR THE13
PROVISION OF NATURAL MEDICINE SERVICES IN GEOGRAPHIC AND14
CULTURALLY DIVERSE REGIONS OF THE STATE .15
(e) A
PPROPRIATE REGULATORY CONSIDERATIONS FOR EACH TYPE16
OF NATURAL MEDICINE, AND THE PREPARATION SESSION, ADMINISTRATION17
SESSION, AND INTEGRATION SESSION;18
(f) T
HE ADDITION OF OTHER TYPES OF NATURAL MEDICINE TO THIS19
ARTICLE 170 AND ARTICLE 50 OF TITLE 44 PURSUANT TO SECTION20
12-170-104 (11)(b)(I), (11)(b)(II),
OR (11)(b)(III) BASED ON AVAILABLE21
MEDICAL, PSYCHOLOGICAL, AND SCIENTIFIC STUDIES, RESEARCH, AND22
OTHER INFORMATION RELATED TO THE SAFETY AND EFFICACY OF EACH23
NATURAL MEDICINE, AND SHALL PRIORITIZE CONSIDERING THE ADDITION24
OF IBOGAINE PURSUANT TO SECTION 12-170-104 (11)(b)(II), TO THIS25
ARTICLE 170, AND ARTICLE 50 OF TITLE 44;26
(g) A
LL RULES TO BE PROMULGATED BY THE DIRECTOR PURSUANT27
290
-21- TO THIS ARTICLE 170, AND THE STATE LICENSING AUTHORITY PURSUANT1
TO ARTICLE 50 OF TITLE 44; AND2
(h) R
EQUIREMENTS FOR ACCURATE AND COMPLETE DATA3
COLLECTION, REPORTING, AND PUBLICATION OF INFORMATION RELATED TO4
THE IMPLEMENTATION OF THIS ARTICLE 170.5
(6) T
HE BOARD SHALL, ON AN ONGOING BASIS, REVIEW AND6
EVALUATE EXISTING AND CURRENT
RESEARCH, STUDIES, AND REAL-WORLD7
DATA RELATED TO NATURAL MEDICINE AND MAKE RECOMMENDATIONS TO8
THE GENERAL ASSEMBLY AND OTHER RELEVANT STATE AGENCIES AS TO9
WHETHER NATURAL MEDICINE , NATURAL MEDICINE PRODUCT , NATURAL10
MEDICINE SERVICES, AND ASSOCIATED SERVICES SHOULD BE COVERED11
UNDER HEALTH FIRST COLORADO OR OTHER INSURANCE PROGRAMS AS A12
COST-EFFECTIVE INTERVENTION FOR VARIOUS MENTAL HEALTH13
CONDITIONS, INCLUDING, BUT NOT LIMITED TO, END-OF-LIFE DISTRESS,14
SUBSTANCE USE DISORDER , ALCOHOL USE DISORDER , DEPRESSIVE15
DISORDERS, NEUROLOGICAL DISORDERS , CLUSTER HEADACHES , AND16
POST-TRAUMATIC STRESS DISORDER.17
(7) T
HE BOARD SHALL, ON AN ONGOING BASIS, REVIEW AND18
EVALUATE SUSTAINABILITY ISSUES RELATED TO NATURAL MEDICINE AND19
NATURAL MEDICINE PRODUCT AND THE IMPACT ON TRIBAL AND
20
I
NDIGENOUS CULTURES AND DOCUMENT EXISTING RECIPROCITY EFFORTS21
AND CONTINUING SUPPORT MEASURES THAT ARE NEEDED .22
(8) T
HE BOARD SHALL PUBLISH AN ANNUAL REPORT DESCRIBING23
ITS ACTIVITIES, INCLUDING THE RECOMMENDATIONS AND ADVICE24
PROVIDED TO THE DIRECTOR, THE STATE LICENSING AUTHORITY, AND THE25
GENERAL ASSEMBLY.26
(9) T
HE DIVISION SHALL PROVIDE REASONABLE REQUESTED27
290
-22- TECHNICAL, LOGISTICAL, AND OTHER SUPPORT TO THE BOARD TO ASSIST1
THE BOARD WITH ITS DUTIES AND OBLIGATIONS .2
SECTION 6. In Colorado Revised Statutes, repeal and reenact,3
with amendments, 12-170-107 as follows:4
12-170-107. Federally recognized American tribes and5
Indigenous community working group - creation - duties. (1) T HE6
DIRECTOR SHALL ESTABLISH THE FEDERALLY RECOGNIZED AMERICAN7
TRIBES AND INDIGENOUS COMMUNITY WORKING GROUP FOR THE PURPOSE8
OF ENGAGING AND CREATING A DIALOGUE TO IDENTIFY ISSUES RELATED9
TO THE COMMERCIALIZATION OF NATURAL MEDICINE , NATURAL MEDICINE10
PRODUCT, AND NATURAL MEDICINE SERVICES FOR TRIBAL AND11
I
NDIGENOUS PEOPLE, COMMUNITIES, CULTURES, AND RELIGIONS. THE12
COMMUNITY WORKING GROUP SHALL STUDY THE FOLLOWING :13
(a) A
VOIDING THE MISAPPROPRIATION AND EXPLOITATION OF THE
14
FEDERALLY RECOGNIZED AMERICAN TRIBES AND INDIGENOUS PEOPLE,15
COMMUNITIES, CULTURES, AND RELIGIONS;16
(b) A
VOIDING THE EXCESSIVE COMMERCIALIZATION OF NATURAL17
MEDICINE, NATURAL MEDICINE PRODUCT , AND NATURAL MEDICINE18
SERVICES;19
(c) A
NY CONSERVATION ISSUES ASSOCIATED WITH THE20
LEGALIZATION AND REGULATION OF NATURAL MEDICINE OR NATURAL21
MEDICINE PRODUCT, INCLUDING THE POTENTIAL FOR FURTHER DEPLETION22
OF PEYOTE DUE TO PEYOTE BEING A SOURCE OF MESCALINE ; AND23
(d) B
EST PRACTICES AND OPEN COMMUNICATION TO BUILD TRUST24
AND UNDERSTANDING BETWEEN THE FEDERALLY RECOGNIZED AMERICAN
25
TRIBES AND INDIGENOUS PEOPLE AND COMMUNITIES , THE BOARD, THE26
DIVISION, THE STATE LICENSING AUTHORITY , AND LAW ENFORCEMENT27
290
-23- AGENCIES, FOR THE PURPOSE OF AVOIDING UNNECESSARY BURDENS AND1
CRIMINALIZATION OF TRADITIONAL TRIBAL AND INDIGENOUS USES OF2
NATURAL MEDICINE.3
(2) T
HE WORKING GROUP SHALL ADVISE THE BOARD AND THE4
DIVISION ON ITS FINDINGS AND RECOMMENDATIONS PURSUANT TO THE5
SUBJECTS IDENTIFIED IN SUBSECTION (1) OF THIS SECTION.6
(3) T
HE DIRECTOR IS ENCOURAGED TO ENGAGE WITH THE
7
FEDERALLY RECOGNIZED AMERICAN TRIBES AND INDIGENOUS PEOPLE8
WHO HAVE SIGNIFICANT EXPERIENCE WITH TRADITIONAL USE OF NATURAL9
MEDICINE AND OTHER PERSONS DEEMED NECESSARY BY THE DIRECTOR10
FOR THE PURPOSE OF THIS SECTION.11
SECTION 7. In Colorado Revised Statutes, repeal and reenact,12
with amendments, 12-170-108 as follows:13
12-170-108. License required - unauthorized practice -14
mandatory disclosure of information - rule. (1) A
N INDIVIDUAL SHALL15
NOT ENGAGE IN FACILITATION, OR REPRESENT TO THE PUBLIC OR IDENTIFY16
THE INDIVIDUAL'S SELF AS A FACILITATOR, IN THIS STATE UNTIL THE17
INDIVIDUAL HAS RECEIVED A LICENSE FROM THE DIRECTOR .18
(2) A
FACILITATOR SHALL CONSPICUOUSLY DISPLAY THE LICENSE19
ISSUED BY THE DIRECTOR IN THE HEALING CENTER , INCLUDING20
INFORMATION CONCERNING HOW TO FILE A COMPLAINT AGAINST THE21
FACILITATOR WITH THE DIRECTOR.22
(3) E
VERY LICENSEE, PERMITTEE, REGISTRANT, OR CERTIFICATE23
HOLDER SHALL PROVIDE THE FOLLOWING INFORMATION IN WRITING TO24
EACH PARTICIPANT PRIOR TO A PREPARATION SESSION , ADMINISTRATION25
SESSION, AND INTEGRATION SESSION:26
(a) T
HE NAME, ADDRESS, AND PHONE NUMBER OF THE LICENSEE ,27
290
-24- PERMITTEE, REGISTRANT, OR CERTIFICATE HOLDER;1
(b) A
N EXPLANATION OF THE REGULATIONS APPLICABLE TO THE2
LICENSEE, PERMITTEE, REGISTRANT, OR CERTIFICATE HOLDER PURSUANT3
TO THIS ARTICLE 170 OR RULES PROMULGATED PURSUANT TO THIS ARTICLE4
170;5
(c) A
LISTING OF TRAINING, EDUCATIONAL AND EXPERIENTIAL6
REQUIREMENTS, AND QUALIFICATIONS THE LICENSEE , PERMITTEE,7
REGISTRANT, OR CERTIFICATE HOLDER PURSUANT TO THIS ARTICLE 170 OR8
RULES PROMULGATED PURSUANT TO THIS ARTICLE 170 SATISFIED IN ORDER9
TO OBTAIN A LICENSE, PERMIT, REGISTRATION, OR CERTIFICATE;10
(d) A
STATEMENT INDICATING THAT THE LICENSEE , PERMITTEE,11
REGISTRANT, OR CERTIFICATE HOLDER IS REGULATED BY THE DIVISION ,12
AND AN ADDRESS AND TELEPHONE NUMBER FOR THE DIVISION ; AND13
(e) A
STATEMENT INDICATING THAT THE PARTICIPANT IS ENTITLED14
TO RECEIVE INFORMATION ABOUT NATURAL MEDICINE SERVICES , MAY15
TERMINATE NATURAL MEDICINE SERVICES AT ANY TIME , AND MAY16
TERMINATE PREVIOUSLY PROVIDED INFORMED CONSENT FOR PHYSICAL17
CONTACT AT ANY TIME.18
(4) N
OTHING IN THIS SECTION PROHIBITS AN INDIVIDUAL FROM19
PERFORMING A BONA FIDE RELIGIOUS , CULTURALLY TRADITIONAL , OR20
SPIRITUAL CEREMONY, IF THE INDIVIDUAL
INFORMS AN INDIVIDUAL21
ENGAGING IN THE CEREMONY THAT THE INDIVIDUAL IS NOT A LICENSED22
FACILITATOR, AND THAT THE CEREMONY IS NOT ASSOCIATED WITH23
COMMERCIAL, BUSINESS, OR FOR-PROFIT ACTIVITY.24
SECTION 8. In Colorado Revised Statutes, repeal and reenact,25
with amendments, 12-170-109 as follows:26
12-170-109. Grounds for discipline. (1) T
HE DIRECTOR MAY27
290
-25- TAKE DISCIPLINARY OR OTHER ACTION AS AUTHORIZED IN SECTION1
12-20-404
UPON PROOF THAT THE LICENSEE, PERMITTEE, REGISTRANT, OR2
CERTIFICATE HOLDER:3
(a) V
IOLATED A PROVISION OF THIS ARTICLE 170 OR A RULE4
PROMULGATED PURSUANT TO THIS ARTICLE 170;5
(b) H
AS BEEN CONVICTED OF OR HAS ENTERED A PLEA OF NOLO6
CONTENDERE TO A FELONY. IN CONSIDERING THE CONVICTION OF OR THE7
PLEA TO ANY SUCH CRIME, THE DIRECTOR SHALL BE GOVERNED BY THE8
PROVISIONS OF SECTIONS 12-20-202 (5) AND 24-5-101.9
(c) M
ADE ANY MISSTATEMENT ON AN APPLICATION FOR A LICENSE ,10
REGISTRATION, OR PERMIT TO PRACTICE PURSUANT TO THIS ARTICLE 17011
OR ATTEMPTED TO OBTAIN A LICENSE , REGISTRATION, PERMIT, OR12
CERTIFICATE TO PRACTICE BY FRAUD , DECEPTION , OR13
MISREPRESENTATION;14
(d) C
OMMITTED AN ACT OR FAILED TO PERFORM AN ACT15
NECESSARY TO MEET THE GENERALLY ACCEPTED PROFESSIONAL16
STANDARDS OF CONDUCT TO PRACTICE A PROFESSION LICENSED PURS UANT17
TO THIS ARTICLE 170 OR PROMULGATED BY RULE PURSUANT TO18
12-170-105 (1)(a)(II)(D),
INCLUDING PERFORMING SERVICES OUTSIDE OF19
THE PERSON'S AREA OF TRAINING, EXPERIENCE, OR COMPETENCE;20
(e) E
XCESSIVELY OR HABITUALLY USES OR ABUSES ALCOHOL OR21
CONTROLLED SUBSTANCES ;22
(f) V
IOLATED ANY OF THE PROVISIONS OF THIS ARTICLE 170, AN23
APPLICABLE PROVISION OF ARTICLE 20 OF THIS TITLE 12, OR ANY VALID24
ORDER OF THE DIRECTOR;25
(g) I
S GUILTY OF UNPROFESSIONAL OR DISHONEST CONDUCT ;26
(h) A
DVERTISES BY MEANS OF FALSE OR DECEPTIVE STATEMENT ;27
290
-26- (i) FAILS TO DISPLAY THE LICENSE AS PROVIDED IN SECTION1
12-170-108 (2);2
(j) F
AILS TO COMPLY WITH THE RULES PROMULGATED BY THE3
DIRECTOR PURSUANT TO THIS ARTICLE 170;4
(k) I
S GUILTY OF WILLFUL MISREPRESENTATION ;5
(l) F
AILS TO DISCLOSE TO THE DIRECTOR WITHIN FORTY-FIVE DAYS6
A CONVICTION FOR A FELONY OR ANY CRIME THAT IS RELATED TO THE7
PRACTICE AS A FACILITATOR;8
(m) A
IDS OR ABETS THE UNLICENSED PRACTICE OF FACILITATION ;9
OR10
(n) F
AILS TO TIMELY RESPOND TO A COMPLAINT SENT BY THE11
DIRECTOR PURSUANT TO SECTION 12-170-110.12
SECTION 9. In Colorado Revised Statutes, repeal and reenact,13
with amendments, 12-170-110 as follows:14
12-170-110. Disciplinary proceedings - administrative law15
judges - judicial review. (1) T
HE DIRECTOR MAY, THROUGH THE16
DEPARTMENT, EMPLOY ADMINISTRATIVE LAW JUDGES TO CONDUCT17
HEARINGS AS PROVIDED BY THIS SECTION OR ON ANY MATTER WITHIN THE18
DIRECTOR'S JURISDICTION UPON SUCH CONDITIONS AND TERMS AS THE19
DIRECTOR MAY DETERMINE .20
(2) A
PROCEEDING FOR DISCIPLINE OF A LICENSEE , PERMITTEE,21
REGISTRANT, OR CERTIFICATE HOLDER MUST BE COMMENCED WHEN THE22
DIRECTOR HAS REASONABLE GROUNDS TO BELIEVE THAT A LICENSEE ,23
PERMITTEE, REGISTRANT, OR CERTIFICATE HOLDER HAS COMMITTED ACTS24
THAT MAY VIOLATE THE PROVISIONS OF THIS ARTICLE 170 OR RULES25
PROMULGATED PURSUANT TO THIS ARTICLE 170. THE GROUNDS MAY BE26
ESTABLISHED BY AN INVESTIGATION BEGUN BY THE DIRECTOR ON THE27
290
-27- DIRECTOR'S OWN MOTION OR BY AN INVESTIGATION PURSUANT TO A1
WRITTEN COMPLAINT. SECTION 12-20-403 AND ARTICLE 4 OF TITLE 242
GOVERN PROCEEDINGS BROUGHT PURSUANT TO THIS SECTION .3
(3) A
NY HEARING ON THE REVOCATION OR SUSPENSION OF A4
LICENSE, PERMIT, REGISTRATION, OR CERTIFICATE, OR ON THE DENIAL OF5
AN APPLICATION FOR A NEW LICENSE , PERMIT, REGISTRATION, OR6
CERTIFICATE, OR FOR RENEWAL OF A PREVIOUSLY ISSUED LICENSE, PERMIT,7
REGISTRATION, OR CERTIFICATE MUST BE CONDUCTED BY AN8
ADMINISTRATIVE LAW JUDGE.9
(4) F
INAL ACTION BY THE DIRECTOR MAY BE JUDICIALLY10
REVIEWED PURSUANT TO SECTION 12-20-408.11
SECTION 10. In Colorado Revised Statutes, repeal and reenact,12
with amendments, 12-170-111 as follows:13
12-170-111. Fees - cash fund - created. (1) B
ASED UPON THE14
APPROPRIATION MADE AND SUBJECT TO THE APPROVAL OF THE EXECUTIVE15
DIRECTOR OF THE DEPARTMENT OF REGULATORY AGENCIES , THE DIRECTOR16
SHALL ESTABLISH AND ADJUST FEES THAT THE DIRECTOR IS AUTHORIZED17
BY LAW TO COLLECT SO THAT THE REVENUE GENERATED FROM THE FEES18
APPROXIMATES ITS DIRECT AND INDIRECT COSTS; EXCEPT THAT FEES MUST19
NOT EXCEED THE AMOUNT NECESSARY TO ADMINISTER THIS ARTICLE 170.20
(2) T
HE NATURAL MEDICINE FACILITATOR CASH FUND , REFERRED21
TO IN THIS SECTION AS THE "FUND", IS CREATED IN THE STATE TREASURY.22
T
HE FUND CONSISTS OF FEES CREDITED TO THE FUND PURSUANT TO THIS23
ARTICLE 170 AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY24
APPROPRIATE OR TRANSFER TO THE FUND .25
(3) T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND26
INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE27
290
-28- FUND TO THE FUND.1
(4) M
ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE2
DEPARTMENT FOR THE ADMINISTRATION OF THIS ARTICLE 170.3
SECTION 11. In Colorado Revised Statutes, repeal and reenact,4
with amendments, 12-170-112 as follows:5
12-170-112. Local jurisdiction. (1) A
LOCAL JURISDICTION6
SHALL NOT PROHIBIT A FACILITATOR FROM PROVIDING NATURAL MEDICINE7
SERVICES WITHIN ITS BOUNDARIES IF THE INDIVIDUAL IS A LICENSED8
FACILITATOR PURSUANT TO THIS ARTICLE 170.9
(2) A
LOCAL JURISDICTION SHALL NOT ADOPT ORDINANCES OR10
REGULATIONS THAT ARE UNREASONABLE OR IN CONFLICT WITH THIS11
ARTICLE 170.12
SECTION 12. In Colorado Revised Statutes, repeal and reenact,13
with amendments, 12-170-113 as follows:14
12-170-113. Protections. (1) S
UBJECT TO THE LIMITATIONS IN15
THIS ARTICLE 170 AND ARTICLE 50 OF TITLE 44, BUT NOTWITHSTANDING16
ANY OTHER PROVISION OF LAW:17
(a) A
CTIONS AND CONDUCT PERMITTED PURSUANT TO A LICENSE ,18
REGISTRATION, PERMIT, OR CERTIFICATE ISSUED BY THE DIRECTOR19
PURSUANT TO THIS ARTICLE 170, OR BY THOSE WHO ALLOW PROPERTY TO20
BE USED PURSUANT TO A LICENSE, REGISTRATION, PERMIT, OR CERTIFICATE21
ISSUED BY THE DIRECTOR PURSUANT TO THIS ARTICLE 170, ARE LAWFUL22
AND ARE NOT AN OFFENSE UNDER STATE LAW , OR THE LAWS OF ANY LOCAL23
JURISDICTION WITHIN THIS STATE; ARE NOT SUBJECT TO A CIVIL FINE,24
PENALTY, OR SANCTION; ARE NOT A BASIS FOR DETENTION, SEARCH, OR25
ARREST; AND ARE NOT A BASIS TO DENY ANY RIGHT OR PRIVILEGE , OR TO26
SEIZE OR FORFEIT ASSETS UNDER STATE LAW OR THE LAWS OF ANY LOCAL27
290
-29- JURISDICTION WITHIN THIS STATE.1
(b) A
CONTRACT IS NOT UNENFORCEABLE ON THE BASIS THAT2
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT , AS ALLOWED3
PURSUANT TO THIS ARTICLE 170, IS PROHIBITED BY FEDERAL LAW;4
(c) M
ENTAL HEALTH CARE , SUBSTANCE USE DISORDER5
INTERVENTION SERVICES, OR BEHAVIORAL HEALTH SERVICES OTHERWISE6
COVERED PURSUANT TO THE "COLORADO MEDICAL ASSISTANCE ACT",7
ARTICLES 4 TO 6 OF TITLE 25.5, MUST NOT BE DENIED ON THE BASIS THAT8
THEY ARE COVERED IN CONJUNCTION WITH NATURAL MEDICINE SERVICES ,9
OR THAT NATURAL MEDICINE AND NATURAL MEDICINE PR ODUCT ARE10
PROHIBITED BY FEDERAL LAW. INSURANCE OR AN INSURANCE PROVIDER11
IS NOT REQUIRED TO COVER THE COST OF NATURAL MEDICINE OR NATURAL12
MEDICINE PRODUCT.13
(d) N
OTHING IN THIS SECTION MAY BE CONSTRUED OR14
INTERPRETED TO PREVENT THE DIRECTOR FROM ENFORCING RULES15
PROMULGATED BY THE DIRECTOR AGAINST A LICENSEE , REGISTRANT,16
PERMITTEE, OR CERTIFICATE HOLDER OR LIMIT A STATE OR LOCAL LAW17
ENFORCEMENT AGENCY 'S ABILITY TO INVESTIGATE UNLAWFUL ACTIVITY18
IN RELATION TO A LICENSEE, REGISTRANT, PERMITTEE, OR CERTIFICATE19
HOLDER.20
(2) A
PROFESSIONAL OR OCCUPATIONAL LICENSE , REGISTRATION,21
PERMIT, OR CERTIFICATE HOLDER IS NOT SUBJECT TO PROFESSIONAL22
DISCIPLINE OR LOSS OF A PROFESSIONAL OR OCCUPATIONAL LICENSE ,23
REGISTRATION, PERMIT, OR CERTIFICATE FOR PROVIDING ADVICE OR24
SERVICES ARISING OUT OF OR RELATED TO A NATURAL MEDICINE LICENSE ,25
REGISTRATION, PERMIT, OR CERTIFICATE ISSUED PURSUANT TO THIS26
ARTICLE 170 OR ARTICLE 50 OF TITLE 44 OR APPLICATION FOR LICENSE,27
290
-30- REGISTRATION, PERMIT, OR CERTIFICATE ISSUED PURSUANT TO THIS1
ARTICLE 170 OR ARTICLE 50 OF TITLE 44 ON THE BASIS THAT NATURAL2
MEDICINE AND NATURAL MEDICINE PR ODUCT ARE PROHIBITED BY FEDERAL3
LAW, OR FOR PERSONAL USE OF NATURAL MEDICINE OR NATURAL4
MEDICINE ALLOWED PURSUANT TO THIS ARTICLE 170. THIS ARTICLE 1705
DOES NOT AUTHORIZE AN INDIVIDUAL TO ENGAGE IN CONDUCT THAT IN6
THE COURSE OF PRACTICING UNDER THE INDIVIDUAL 'S LICENSE,7
REGISTRATION, PERMIT, OR CERTIFICATE WOULD VIOLATE STANDARDS OF8
CARE OR SCOPE OF PRACTICE OF THE INDIVIDUAL 'S PROFESSION OR9
OCCUPATION AS REQUIRED BY ANY PROVISION OF LAW OR RULE .10
SECTION 13. In Colorado Revised Statutes, repeal and reenact,11
with amendments, 12-170-114 as follows:12
12-170-114. Liberal construction. T
HIS ARTICLE 170 MUST BE13
LIBERALLY CONSTRUED TO EFFECTUATE ITS PURPOSE .14
SECTION 14. In Colorado Revised Statutes, repeal and reenact,15
with amendments, 12-170-115 as follows:16
12-170-115. Preemption. A
LOCAL JURISDICTION SHALL NOT17
ADOPT, ENACT, OR ENFORCE ANY ORDINANCE , RULE, OR RESOLUTION THAT18
IS OTHERWISE IN CONFLICT WITH THE PROVISIONS OF THIS ARTICLE 170.19
SECTION 15. In Colorado Revised Statutes, add 12-170-116 as20
follows:21
12-170-116. Self-executing, severability, conflicting provisions.22
A
LL PROVISIONS OF THIS ARTICLE 170 ARE SELF-EXECUTING EXCEPT AS23
SPECIFIED HEREIN, ARE SEVERABLE, AND, EXCEPT WHEN OTHERWISE24
INDICATED, SHALL SUPERSEDE CONFLICTING STATE STATUTORY , LOCAL25
CHARTER, ORDINANCE, OR RESOLUTION PROVISIONS, AND OTHER STATE26
AND LOCAL PROVISIONS. IF ANY PROVISION OF THIS ARTICLE 170 OR ITS27
290
-31- APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID , THE1
INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF2
THIS ARTICLE 170 THAT CAN BE GIVEN EFFECT WITHOUT THE INVALID3
PROVISION OR APPLICATION, AND TO THIS END THE PROVISIONS OF THIS4
ARTICLE 170 ARE SEVERABLE.5
SECTION 16. In Colorado Revised Statutes, add 12-170-117 as6
follows:7
12-170-117. Repeal of article - review of functions. T
HIS8
ARTICLE 170 IS REPEALED, EFFECTIVE SEPTEMBER 1, 2032. BEFORE THE9
REPEAL, THIS ARTICLE 170 IS SCHEDULED FOR REVIEW IN ACCORDANCE10
WITH SECTION 24-34-104.11
SECTION 17. In Colorado Revised Statutes, 12-20-407, amend12
(1)(a)(V)(V) and (1)(a)(V)(W); and add (1)(a)(V)(X) as follows:13
12-20-407. Unauthorized practice of profession or occupation14
- penalties - exclusions. (1) (a) A person commits a class 2 misdemeanor15
and shall be punished as provided in section 18-1.3-501 if the person:16
(V) Practices or offers or attempts to practice any of the following17
professions or occupations without an active license, certification, or18
registration issued under the part or article of this title 12 governing the19
particular profession or occupation:20
(V) Respiratory therapy, as regulated under article 300 of this title21
12; or
22
(W) Veterinary medicine or as a veterinary technician, as23
regulated under article 315 of this title 12;
OR24
(X) F
ACILITATING NATURAL MEDICINE SERVICES , AS REGULATED25
UNDER ARTICLE 170 OF THIS TITLE 12.26
SECTION 18. In Colorado Revised Statutes, 24-1-117, amend27
290
-32- (4)(a)(X) and (4)(a)(XI); and add (4)(a)(XII) as follows:1
24-1-117. Department of revenue - creation. (4) (a) The2
department of revenue consists of the following divisions:3
(X) The auto industry division, created in section 44-20-105. The4
division is a type 2 entity, as defined in section 24-1-105, and exercises5
its powers and performs its duties and functions under the department of6
revenue; and7
(XI) The state licensing authority created in section 44-10-201;8
AND9
(XII) T
HE NATURAL MEDICINE DIVISION , CREATED IN SECTION10
44-50-201,
WHICH IS A TYPE 2 ENTITY, AS DEFINED IN SECTION 24-1-105.11
SECTION 19. In Colorado Revised Statutes, 24-34-104, add12
(33)(a)(IV) and (33)(a)(V) as follows:13
24-34-104. General assembly review of regulatory agencies14
and functions for repeal, continuation, or reestablishment - legislative15
declaration - repeal. (33) (a) The following agencies, functions, or both,16
are scheduled for repeal on September 1, 2032:17
(IV) T
HE "NATURAL MEDICINE HEALTH ACT OF 2022", ARTICLE18
170
OF TITLE 12;19
(V) T
HE "COLORADO NATURAL MEDICINE CODE", ARTICLE 50 OF20
TITLE 44.21
SECTION 20. In Colorado Revised Statutes, add 25-1.5-120 as22
follows:23
25-1.5-120. Natural medicine testing and standards - rules.24
(1) T
HE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , IN25
COORDINATION WITH THE DEPARTMENT OF REVENUE , TO ENSURE26
CONSISTENCY BETWEEN RULES , SHALL PROMULGATE RULES CONCERNING27
290
-33- TESTING STANDARDS AND CERTIFICATION REQUIREMENTS OF NATURAL1
MEDICINE AND NATURAL MEDICINE PRODUCT REGULATED BY THE2
DEPARTMENT OF REVENUE PURSUANT TO ARTICLE 50 OF TITLE 44.3
(2) A
T A MINIMUM, THE RULES MUST:4
(a) E
STABLISH NATURAL MEDICINE AND NATURAL MEDICINE5
PRODUCT TESTING STANDARDS AND CERTIFICATION REQUIREMENTS ;6
(b) E
STABLISH A NATURAL MEDICINE INDEPENDENT TESTING AND7
CERTIFICATION PROGRAM FOR LICENSEES PURSUANT TO ARTICLE 50 OF8
TITLE 44, WITHIN AN IMPLEMENTATION TIME FRAME ESTABLISHED BY THE9
DEPARTMENT OF REVENUE , REQUIRING LICENSEES TO TEST NATURAL10
MEDICINE AND NATURAL MEDICINE PRODUCT TO ENSURE , AT A MINIMUM,11
THAT PRODUCTS TRANSFERRED FOR HUMAN CONSUMPTION BY NATURAL12
PERSONS OR ENTITIES LICENSED PURSUANT TO ARTICLE 50 OF TITLE 44 DO13
NOT CONTAIN CONTAMINANTS THAT ARE INJURIOUS TO HEALTH AND TO14
ENSURE CORRECT LABELING;15
(c) E
STABLISH PROCEDURES THAT ENSURE NATURAL MEDICINE16
AND NATURAL MEDICINE PRODUCT ARE QUARANTINED AND NOTIFICATION17
PROCEDURES IF TEST RESULTS INDICATE THE PRESENCE OF QUANTITIES OF18
ANY SUBSTANCE DETERMINED TO BE INJURIOUS TO HEALTH ;19
(d) E
NSURE THAT TESTING VERIFIES CONCENTRATION20
REPRESENTATIONS AND HOMOGENEITY FOR CORRECT LABELING ;21
(e) E
STABLISH AN ACCEPTABLE VARIANCE FOR CONCENTRATION22
REPRESENTATIONS AND PROCEDURES TO ADDRESS CONCENTRATION23
MISREPRESENTATIONS; AND24
(f) E
STABLISH THE PROTOCOLS AND FREQUENCY OF NATURAL25
MEDICINE TESTING BY LICENSEES.26
SECTION 21. In Colorado Revised Statutes, add article 50 to27
290
-34- title 44 as follows:1
ARTICLE 502
Natural Medicine3
PART 14
COLORADO NATURAL MEDICINE CODE5
44-50-101. Short title. T
HE SHORT TITLE OF THIS ARTICLE 50 IS6
THE "COLORADO NATURAL MEDICINE CODE".7
44-50-102. Legislative declaration. (1) T
HE GENERAL ASSEMBLY8
FINDS AND DECLARES THAT:9
(a) T
HE PEOPLE OF COLORADO APPROVED STATUTORY MEASURES10
THAT, IN PART, INTENDED TO ENSURE THAT PEOPLE IN COLORADO HAVE11
ACCESS TO REGULATED NATURAL MEDICINE AND REGULATED NATURAL12
MEDICINE PRODUCT;13
(b) T
HE DEPARTMENT IS UNIQUELY SUITED TO REGULATE THE14
CULTIVATION, MANUFACTURING , TESTING, STORING, DISTRIBUTION,15
TRANSPORTATION, TRANSFERRING, AND DISPENSATION OF REGULATED16
NATURAL MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT17
BECAUSE OF ITS EXPERIENCE AND EXISTING RESOURCES IN REGULATING18
ALCOHOL, TOBACCO, AND MARIJUANA; AND19
(c) I
T IS NECESSARY TO ENTRUST THE REGULATION OF THE20
CULTIVATION, MANUFACTURING , TESTING, STORING, DISTRIBUTION,21
TRANSPORTATION, TRANSFERRING, AND DISPENSATION OF REGULATED22
NATURAL MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT TO23
THE DEPARTMENT IN ORDER TO IMPLEMENT THE REGULATORY MEASURES24
IN A MANNER THAT HONORS THE INTENT OF THE PEOPLE, PROMOTES PUBLIC25
TRUST, SUPPORTS THE INTEGRITY AND SUSTAINABILITY OF THE26
REGULATORY MEASURES , AND ENSURES REGULATORY EFFICIENCY .27
290
-35- (2) THE GENERAL ASSEMBLY DECLARES THAT THIS ARTICLE 50 IS1
DEEMED AN EXERCISE OF THE POLICE POWERS OF THE STATE FOR THE2
PROTECTION OF THE ECONOMIC AND SOCIAL WELFARE AND THE HEALTH ,3
PEACE, AND MORALS OF THE PEOPLE OF THIS STATE.4
(3) T
HE GENERAL ASSEMBLY DECLARES THAT IT IS UNLAWFUL5
UNDER STATE LAW TO CULTIVATE , MANUFACTURE, TEST, STORE,6
DISTRIBUTE, TRANSPORT, TRANSFER, AND DISPENSE NATURAL MEDICINE7
OR NATURAL MEDICINE PRODUCT , EXCEPT IN COMPLIANCE WITH THE8
TERMS, CONDITIONS, LIMITATIONS, AND RESTRICTIONS IN THIS ARTICLE 50;9
RULES PROMULGATED PURSUANT TO THIS ARTICLE 50; ARTICLE 170 OF10
TITLE 12; RULES PROMULGATED PURSUANT TO ARTICLE 170 OF TITLE 12;11
ARTICLE 1.5 OF TITLE 25; RULES PROMULGATED PURSUANT TO ARTICLE 1.512
OF TITLE 25; TITLE 16; AND TITLE 18.13
44-50-103. Definitions. A
S USED IN THIS ARTICLE 50, UNLESS THE14
CONTEXT OTHERWISE REQUIRES :15
(1) "A
DMINISTRATION SESSION" MEANS A SESSION CONDUCTED AT16
A HEALING CENTER, OR OTHER LOCATION IF PERMITTED BY THIS ARTICLE17
50
OR RULES PROMULGATED PURSUANT TO THIS ARTICLE 50, DURING18
WHICH A PARTICIPANT CONSUMES AND EXPERIENCES THE EFFECTS OF19
NATURAL MEDICINE UNDER THE SUPERVISION OF A FACILITATOR .20
(2) "B
OARD" MEANS THE STATE NATURAL MEDICINE ADVISORY21
BOARD CREATED IN SECTION 12-170-106.22
(3) "D
IRECTOR" MEANS THE DIRECTOR OF THE DIVISION OF23
PROFESSIONS AND OCCUPATIONS OR THE DIRECTOR 'S DESIGNEE.24
(4) "D
IVISION" MEANS THE DIVISION OF PROFESSIONS AND25
OCCUPATIONS CREATED IN THE DEPARTMENT PURSUANT TO SECTION26
12-20-103.27
290
-36- (5) "FACILITATOR" MEANS A NATURAL PERSON WHO IS1
TWENTY-ONE YEARS OF AGE OR OLDER , HAS THE NECESSARY2
QUALIFICATIONS, TRAINING, EXPERIENCE, AND KNOWLEDGE TO PERFORM3
AND SUPERVISE NATURAL MEDICINE SERVICES FOR A PARTICIPANT , AND IS4
LICENSED BY THE DIRECTOR TO ENGAGE IN THE PRACTICE OF5
FACILITATION.6
(6) "H
EALING CENTER" MEANS AN ENTITY LICENSED BY THE STATE7
LICENSING AUTHORITY THAT PERMITS A FACILITATOR TO PROVIDE AND8
SUPERVISE NATURAL MEDICINE SERVICES FOR A PARTICIPANT .9
(7) "H
EALTH-CARE FACILITY" MEANS AN ENTITY THAT IS10
LICENSED, CERTIFIED, OR OTHERWISE PERMITTED BY LAW TO ADMINISTER11
MEDICAL TREATMENT IN THIS STATE , INCLUDING A HOSPITAL, HOSPICE12
FACILITY, COMMUNITY MENTAL HEALTH CENTER , FEDERALLY QUALIFIED13
HEALTH CENTER, RURAL HEALTH CLINIC, ORGANIZATION PROVIDING A14
PROGRAM OF ALL-INCLUSIVE CARE FOR THE ELDERLY, LONG-TERM CARE15
FACILITY, CONTINUING CARE RETIREMENT COMMUNITY , OR OTHER TYPE OF16
ENTITY WHERE HEALTH CARE IS PROVIDED .17
(8) "I
NTEGRATION SESSION" MEANS A MEETING BETWEEN A18
PARTICIPANT AND FACILITATOR THAT OCCURS AFTER THE COMPLETION OF19
AN ADMINISTRATION SESSION.20
(9) "L
ICENSE" MEANS TO GRANT A LICENSE , PERMIT, OR21
REGISTRATION PURSUANT TO THIS ARTICLE 50 OR RULES PROMULGATED22
PURSUANT TO THIS ARTICLE 50.23
(10) "L
ICENSED PREMISES" MEANS THE PREMISES SPECIFIED IN AN24
APPLICATION FOR A LICENSE PURSUANT TO THIS ARTICLE 50 THAT THE25
LICENSEE OWNS OR IS IN POSSESSION OF AND WITHIN WHICH THE LICENSEE26
IS AUTHORIZED TO CULTIVATE, MANUFACTURE, TEST, STORE, DISTRIBUTE,27
290
-37- TRANSPORT, TRANSFER, OR DISPENSE NATURAL MEDICINE OR NATURAL1
MEDICINE PRODUCT IN ACCORDANCE WITH THIS ARTICLE 50.2
(11) "L
ICENSEE" MEANS A PERSON LICENSED, REGISTERED, OR3
PERMITTED PURSUANT TO THIS ARTICLE 50 OR RULES PROMULGATED4
PURSUANT TO THIS ARTICLE 50.5
(12) "L
OCAL JURISDICTION" MEANS A COUNTY, MUNICIPALITY, OR6
CITY AND COUNTY.7
(13) (a) "N
ATURAL MEDICINE" MEANS THE FOLLOWING8
SUBSTANCES:9
(I) P
SILOCYBIN; OR10
(II) P
SILOCYN.11
(b) I
N ADDITION TO THE SUBSTANCES LISTED IN SUBSECTION12
(13)(a)
OF THIS SECTION, "NATURAL MEDICINE" INCLUDES:13
(I) D
IMETHYLTRYPTAMINE, IF RECOMMENDED BY THE BOARD AND14
APPROVED BY THE DIRECTOR AND THE EXECUTIVE DIRECTOR OF THE STATE15
LICENSING AUTHORITY FOR INCLUSION ON OR AFTER JUNE 1, 2026;16
(II) I
BOGAINE, IF RECOMMENDED BY THE BOARD AND APPROVED17
BY THE DIRECTOR AND THE EXECUTIVE DIRECTOR OF THE STATE LICENSING18
AUTHORITY FOR INCLUSION; OR19
(III) M
ESCALINE, IF RECOMMENDED BY THE BOARD AND APPROVED20
BY THE DIRECTOR AND THE EXECUTIVE DIRECTOR OF THE STATE LICENSING21
AUTHORITY FOR INCLUSION ON OR AFTER JUNE 1, 2026.22
(c) "N
ATURAL MEDICINE" DOES NOT MEAN A SYNTHETIC OR23
SYNTHETIC ANALOG OF THE SUBSTANCES LISTED IN SUBSECTIONS (13)(a)24
AND (13)(b) OF THIS SECTION, INCLUDING A DERIVATIVE OF A NATURALLY25
OCCURRING COMPOUND OF NATURAL MEDICINE THAT IS PRODUCED USING26
CHEMICAL SYNTHESIS , CHEMICAL MODIFICATION , OR CHEMICAL27
290
-38- CONVERSION.1
(d) N
OTWITHSTANDING SUBSECTION (13)(b)(III) OF THIS SECTION, 2
"
MESCALINE" DOES NOT INCLUDE PEYOTE, MEANING ALL PARTS OF THE3
PLANT CLASSIFIED BOTANICALLY AS LOPHOPHORA WILLIAMSII LEMAIRE ,4
WHETHER GROWING OR NOT ; ITS SEEDS; ANY EXTRACT FROM ANY PART OF5
THE PLANT, AND EVERY COMP OUND , SALT, DERIVATIVE, MIXTURE, OR6
PREPARATION OF THE PLANT; OR ITS SEEDS OR EXTRACTS.7
(14) "N
ATURAL MEDICINE BUSINESS " MEANS ANY OF THE8
FOLLOWING ENTITIES LICENSED PURSUANT TO THIS ARTICLE 50: A9
NATURAL MEDICINE HEALING CENTER , A NATURAL MEDICINE CULTIVATION10
FACILITY, A NATURAL MEDICINE PRODUCTS M ANUFACTURER , OR A11
NATURAL MEDICINE TESTING FACILITY , OR ANOTHER LICENSED ENTITY12
CREATED BY THE STATE LICENSING AUTHORITY .13
(15) "N
ATURAL MEDICINE PRODUCT" MEANS A PRODUCT INFUSED14
WITH NATURAL MEDICINE THAT IS INTENDED FOR CONSUMPTION .15
(16) "N
ATURAL MEDICINE SERVICES " MEANS A PREPARATION16
SESSION, ADMINISTRATION SESSION, AND INTEGRATION SESSION PROVIDED17
PURSUANT TO ARTICLE 170 OF TITLE 12.18
(17) "P
ARTICIPANT" MEANS A PERSON WHO IS TWENTY-ONE YEARS19
OF AGE OR OLDER AND WHO RECEIVES NATURAL MEDICINE SERVICES20
PERFORMED BY AND UNDER THE SUPERVISION OF A FACILITATOR .21
(18) "P
ERSON" MEANS A NATURAL PERSON OR AN ENTITY .22
(19) "P
REPARATION SESSION" MEANS A MEETING BETWEEN A23
PARTICIPANT AND FACILITATOR THAT OCCURS BEFORE THE START OF AN24
ADMINISTRATION SESSION. "PREPARATION SESSION" DOES NOT MEAN AN25
INITIAL CONSULTATION OR AN INQUIRY RESPONSE ABOUT NATURAL26
MEDICINE SERVICES.27
290
-39- (20) "PRINCIPLE FILE" MEANS A FILE THAT IS ESTABLISHED BY THE1
STATE LICENSING AUTHORITY AND CONTAINS LICENSING AND2
BACKGROUND INFORMATION FOR AN APPLICANT SEEKING LICENSES3
PURSUANT TO THIS ARTICLE 50.4
(21) "R
EGULATED NATURAL MEDICINE " MEANS NATURAL5
MEDICINE THAT IS CULTIVATED , MANUFACTURED, TESTED, STORED,6
DISTRIBUTED, TRANSPORTED, TRANSFERRED, OR DISPENSED PURSUANT TO7
THIS ARTICLE 50.8
(22) "R
EGULATED NATURAL MEDICINE PRODUCT " MEANS NATURAL9
MEDICINE PRODUCT THAT IS CULTIVATED , MANUFACTURED, TESTED,10
STORED, DISTRIBUTED, TRANSPORTED, TRANSFERRED, OR DISPENSED11
PURSUANT TO THIS ARTICLE 50.12
(23) "R
EMUNERATION" MEANS ANYTHING OF VALUE, INCLUDING13
MONEY, REAL PROPERTY , TANGIBLE AND INTANGIBLE PERSONAL14
PROPERTY, CONTRACT RIGHT, CHOSE IN ACTION, SERVICE, AND ANY RIGHT15
OF USE OR EMPLOYMENT OR PR OMISE OR AGREEMENT CONNECTED16
THEREWITH, BUSINESS PROMOTION, OR COMMERCIAL ACTIVITY.
17
(24) "S
TATE LICENSING AUTHORITY " MEANS THE AUTHORITY18
CREATED FOR THE PURPOSE OF REGULATING AND CONTROLLING THE19
LICENSING OF THE CULTIVATION, MANUFACTURING, TESTING, STORAGE,20
DISTRIBUTION, TRANSPORTATION, TRANSFER, AND DISPENSATION OF21
REGULATED NATURAL MEDICINE AND REGULATED NATURAL MEDICINE22
PRODUCT IN THIS STATE PURSUANT TO SECTION 44-50-201.23
(25) "T
RANSFER" MEANS TO GRANT, CONVEY, HAND OVER, ASSIGN,24
SELL, EXCHANGE, DONATE, OR BARTER, IN ANY MANNER AND BY ANY25
MEANS, WITH OR WITHOUT REMUNERATION .26
44-50-104. Applicability. (1) A
LL BUSINESSES, FOR THE PURPOSE27
290
-40- OF CULTIVATION, MANUFACTURING, TESTING, STORAGE, DISTRIBUTION,1
TRANSPORT, TRANSFER, AND DISPENSATION OF REGULATED NATURAL2
MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT , AS DEFINED IN3
THIS ARTICLE 50, ARE SUBJECT TO THE TERMS AND CONDITIONS OF THIS4
ARTICLE 50 AND RULES PROMULGATED PURSUANT TO THIS ARTICLE 50.5
(2) A
PERSON APPLYING FOR LICENSURE PURSUANT TO THIS6
ARTICLE 50 MUST COMPLETE FORMS AS PROVIDED BY THE STATE7
LICENSING AUTHORITY AND MUST PAY THE APPLICATION FEE AND THE8
LICENSING FEE, WHICH MUST BE CREDITED TO THE REGULATED NATURAL9
MEDICINE DIVISION CASH FUND ESTABLISHED PURS UANT TO SECTION10
44-50-601.
THE STATE LICENSING AUTHORITY SHALL PRIORITIZE11
REVIEWING APPLICATIONS FROM APPLICANTS WHO HAVE ESTABLISHED12
RESIDENCY IN COLORADO.13
(3) T
HIS ARTICLE 50 SETS FORTH THE EXCLUSIVE MEANS THAT14
CULTIVATION, MANUFACTURING, TESTING, STORAGE, DISTRIBUTION,15
TRANSPORT, TRANSFER, AND DISPENSATION OF REGULATED NATURAL16
MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT MAY OCCUR IN17
THIS STATE.18
(4) (a) N
OTHING IN THIS ARTICLE 50 IS INTENDED TO REQUIRE AN19
EMPLOYER TO PERMIT OR ACCOMMODATE THE USE , CONSUMPTION,20
POSSESSION, CULTIVATION, MANUFACTURING , TESTING, STORAGE,21
DISTRIBUTION, TRANSPORT, TRANSFER, AND DISPENSATION OF OR
22
IMPAIRMENT FROM NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT23
IN THE WORKPLACE OR TO AFFECT THE ABILITY OF EMPLOYERS TO HAVE24
POLICIES RESTRICTING THE USE OF OR IMPAIRMENT FROM NATURAL25
MEDICINE OR NATURAL MEDICINE PRODUCT BY EMPLOYEES IN THE26
WORKPLACE.27
290
-41- (b) NOTHING IN THIS ARTICLE 50 PROHIBITS A PERSON, EMPLOYER,1
SCHOOL, HOSPITAL, DETENTION FACILITY, CORPORATION, OR ANY OTHER2
ENTITY THAT OCCUPIES , OWNS, OR CONTROLS A PROPERTY FROM3
PROHIBITING OR OTHERWISE REGULATING THE CULTIVATION ,4
MANUFACTURING, TESTING, STORAGE, DISTRIBUTION, TRANSPORT,5
TRANSFER, AND DISPENSATION OF NATURAL MEDICINE OR NATURAL6
MEDICINE PRODUCT ON OR IN THAT PROPERTY .7
(5) (a) A
LOCAL JURISDICTION MAY ENACT ORDINANCES OR8
REGULATIONS GOVERNING THE TIME , PLACE, AND MANNER OF THE9
OPERATION OF LICENSES ISSUED PURSUANT TO THIS ARTICLE 50 WITHIN ITS10
BOUNDARIES.11
(b) A
LOCAL JURISDICTION MAY NOT PROHIBIT THE12
ESTABLISHMENT OR OPERATION OF LICENSES PURSUANT TO THIS ARTICLE13
50
WITHIN ITS BOUNDARIES.14
(c) A
LOCAL JURISDICTION MAY NOT PROHIBIT THE15
TRANSPORTATION OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT16
WITHIN ITS BOUNDARIES ON PUBLIC ROADS BY A PERSON LICENSED TO17
EXERCISE SUCH PRIVILEGES PURSUANT TO THIS ARTICLE 50.18
(d) A
LOCAL JURISDICTION MAY NOT ADOPT ORDINANCES OR19
REGULATIONS THAT ARE UNREASONABLE OR CONFLICT WITH THIS ARTICLE20
50.21
PART 222
STATE LICENSING AUTHORITY23
44-50-201. State licensing authority - creation. (1) F
OR THE24
PURPOSE OF REGULATING AND LICENSING THE CULTIVATION ,25
MANUFACTURING, TESTING, STORAGE, DISTRIBUTION, TRANSPORT,26
TRANSFER, AND DISPENSATION OF NATURAL MEDICINE OR NATURAL27
290
-42- MEDICINE PRODUCT BY AND BETWEEN NATURAL MEDICINE LICENSEES IN1
THIS STATE, THERE IS CREATED THE STATE LICENSING AUTHORITY , WHICH2
IS THE EXECUTIVE DIRECTOR , OR THE DIRECTOR OF THE NATURAL3
MEDICINE DIVISION IF DESIGNATED BY THE EXECUTIVE DIRECTOR .4
(2) T
HE EXECUTIVE DIRECTOR IS THE CHIEF ADMINISTRATIVE5
OFFICER OF THE STATE LICENSING AUTHORITY AND MAY EMPLOY ,6
PURSUANT TO SECTION 13 OF ARTICLE XII OF THE STATE CONSTITUTION,7
SUCH OFFICERS AND EMPLOYEES AS DETERMINED TO BE NECESSARY . THE8
OFFICERS AND EMPLOYEES ARE A PART OF THE DEPARTMENT .9
(3) T
HE EXECUTIVE DIRECTOR OF THE STATE LICENSING10
AUTHORITY OR A STATE LICENSING AUTHORITY EMPLOYEE WITH11
REGULATORY OVERSIGHT RESPONSIBILITIES FOR THE NATURAL MEDICINE12
LICENSEES THAT ARE LICENSED BY THE STATE LICENSING AUTHORITY13
SHALL NOT WORK FOR, REPRESENT, PROVIDE CONSULTING SERVICES TO, OR14
OTHERWISE DERIVE PECUNIARY GAIN FROM A NATURAL MEDICINE15
LICENSEE THAT IS LICENSED BY THE STATE LICENSING AUTHORITY OR ANY16
OTHER BUSINESS ESTABLISHED FOR THE PRIMARY PURPOSE OF PROVIDING17
SERVICES TO THE NATURAL MEDICINE INDUSTRY FOR A PERIOD OF SIX18
MONTHS AFTER THE EMPLOYEE 'S LAST DAY OF EMPLOYMENT WITH THE19
STATE LICENSING AUTHORITY.20
44-50-202. Powers and duties of state licensing authority -21
report. (1) T
HE STATE LICENSING AUTHORITY SHALL :22
(a) B
EGINNING ON OR BEFORE DECEMBER 31, 2024, GRANT OR23
REFUSE STATE LICENSES FOR THE CULTIVATION , MANUFACTURING,24
TESTING, STORAGE, DISTRIBUTION, TRANSPORT, TRANSFER, AND25
DISPENSATION OF REGULATED NATURAL MEDICINE OR REGULATED26
NATURAL MEDICINE PRODUCT ; SUSPEND, FINE, RESTRICT, OR REVOKE SUCH27
290
-43- LICENSES, WHETHER ACTIVE , EXPIRED, OR SURRENDERED , UPON A1
VIOLATION OF THIS ARTICLE 50 OR A RULE PROMULGATED PURSUANT TO2
THIS ARTICLE 50; AND IMPOSE ANY PENALTY AUTHORIZED BY THIS3
ARTICLE 50 OR A RULE PROMULGATED PURSUANT TO THIS ARTICLE 50. THE4
STATE LICENSING AUTHORITY MAY TAKE ANY ACTION WITH RESPECT TO A5
REGISTRATION OR PERMIT PURSUANT TO THIS ARTICLE 50 AS IT MAY WITH6
RESPECT TO A LICENSE ISSUED PURSUANT TO THIS ARTICLE 50, IN7
ACCORDANCE WITH THE PROCEDURES ESTABLISHED PURSUANT TO THIS8
ARTICLE 50.9
(b) P
ROMULGATE RULES FOR THE PROPER REGULATION AND10
CONTROL OF THE CULTIVATION , MANUFACTURING, TESTING, STORAGE,11
DISTRIBUTION, TRANSPORT, TRANSFER, AND DISPENSATION OF REGULATED12
NATURAL MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT AND13
FOR THE ENFORCEMENT OF THIS ARTICLE 50 AND PROMULGATE AMENDED14
RULES AND SUCH SPECIAL RULINGS AND FINDINGS AS NECESSARY ;15
(c) C
ONDUCT INVESTIGATIONS AND HEARINGS , GATHER EVIDENCE,16
AND PURSUE DISCIPLINARY ACTIONS WITH RESPECT TO LICENSES WHEN17
THE STATE LICENSING AUTHORITY HAS REASONABLE CAUSE TO BELIEVE18
THAT A PERSON OR ENTITY IS VIOLATING THIS ARTICLE 50 OR A RULE19
PROMULGATED PURSUANT TO THIS ARTICLE 50;20
(d) (I) P
ETITION A DISTRICT COURT FOR AN INVESTIGATIVE21
SUBPOENA APPLICABLE TO A PERSON WHO IS NOT LICENSED PURSUANT TO22
THIS ARTICLE 50 TO OBTAIN DOCUMENTS OR INFORMATION NECESSARY TO23
ENFORCE A PROVISION OF THIS ARTICLE 50 OR A RULE PROMULGATED24
PURSUANT TO THIS ARTICLE 50 AFTER REASONABLE EFFORTS HAVE BEEN25
MADE TO OBTAIN REQUESTED DOCUMENTS OR INFORMATION WITHOUT A26
SUBPOENA;27
290
-44- (II) APPLY TO ANY COURT OF COMPETENT JURISDICTION TO1
TEMPORARILY RESTRAIN OR PRELIMINARILY OR PERMANENTLY ENJOIN THE2
ACT IN QUESTION OF A PERSON WHO IS NOT LICENSED PURSUANT TO THIS3
ARTICLE 50 AND TO ENFORCE COMPLIANCE WITH THIS ARTICLE 50 OR A4
RULE PROMULGATED PURSUANT TO THIS ARTICLE 50 WHENEVER IT5
APPEARS TO THE DIRECTOR UPON SUFFICIENT EVIDENCE SATISFACTORY TO6
THE DIRECTOR THAT A PERSON HAS BEEN OR IS COMMITTING AN ACT7
PROHIBITED BY THIS ARTICLE 50 OR A RULE PROMULGATED PURSUANT TO8
THIS ARTICLE 50, AND THE ACT:9
(A) T
HREATENS PUBLIC HEALTH OR SAFETY ; OR10
(B) C
ONSTITUTES AN UNLAWFUL ACT FOR WHICH THE PERSON11
DOES NOT HOLD THE REQUIRED LICENSE PURSUANT TO THIS ARTICLE 50;12
(e) H
EAR AND DETERMINE AT A PUBLIC HEARING ANY CONTESTED13
STATE LICENSE DENIAL AND ANY COMPLAINTS AGAINST A LICENSEE , AND14
ADMINISTER OATHS AND ISSUE SUBPOENAS TO REQUIRE THE PRESENCE OF15
PERSONS AND THE PRODUCTION OF PAPERS , BOOKS, AND RECORDS16
NECESSARY TO THE DETERMINATION OF ANY HEARING SO HELD , ALL IN17
ACCORDANCE WITH ARTICLE 4 OF TITLE 24. THE STATE LICENSING18
AUTHORITY MAY, IN ITS DISCRETION, DELEGATE TO THE DEPARTMENT 'S19
HEARING OFFICERS THE AUTHORITY TO CONDUCT LICENSING ,20
DISCIPLINARY, AND RULE-MAKING HEARINGS PURSUANT TO SECTION21
24-4-105.
WHEN CONDUCTING THE HEARINGS , THE HEARING OFFICERS ARE22
EMPLOYEES OF THE STATE LICENSING AUTHORITY UNDER THE DIRECTION23
AND SUPERVISION OF THE EXECUTIVE DIRECTOR AND THE STATE LICENSING24
AUTHORITY.25
(f) D
EVELOP FORMS, LICENSES, IDENTIFICATION CARDS, AND26
APPLICATIONS AS NECESSARY OR CONVENIENT IN THE DISCRETION OF THE27
290
-45- STATE LICENSING AUTHORITY FOR THE ADMINISTRATION OF THIS ARTICLE1
50
OR A RULE PROMULGATED PURSUANT TO THIS ARTICLE 50;2
(g) I
N COORDINATION WITH THE DIVISION OF PROFESSIONS AND3
OCCUPATIONS WITHIN THE DEPARTMENT OF REGULATORY AGENCIES4
PURSUANT TO SECTION 12-170-105 (1)(j), ANNUALLY PUBLISH A PUBLICLY5
AVAILABLE REPORT CONCERNING THE IMPLEMENTATION AND6
ADMINISTRATION OF THIS ARTICLE 50 AND ARTICLE 170 OF TITLE 12. THE7
REPORT MUST USE RELEVANT DATA , AS DETERMINED BY THE STATE8
LICENSING AUTHORITY AND THE DIRECTOR , AND MUST NOT DISCLOSE THE9
IDENTITY OF ANY PARTICIPANT OR INCLUDE ANY INFORMATION THAT10
COULD DISCLOSE THE IDENTITY OF A PARTICIPANT .11
(h) D
EVELOP AND PROMOTE ACCURATE PUBLIC EDUCATION12
CAMPAIGNS RELATED TO THE USE OF NATURAL MEDICINE OR NATURAL13
MEDICINE PRODUCT, INCLUDING PUBLIC SERVICE ANNOUNCEMENTS ,14
EDUCATIONAL MATERIALS , AND APPROPRIATE CRISIS RESPONSE15
MATERIALS, AND DEVELOP AND PROMOTE TRAINING MATERIALS FOR FIRST16
RESPONDERS AND MULTI-RESPONDERS, INCLUDING LAW ENFORCEMENT ,17
EMERGENCY MEDICAL PROVIDERS , SOCIAL SERVICES PROVIDERS, AND FIRE18
FIGHTERS.19
(2) N
OTHING IN THIS ARTICLE 50 DELEGATES TO THE STATE20
LICENSING AUTHORITY THE POWER TO FIX PRICES FOR REGULATED21
NATURAL MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT .22
(3) N
OTHING IN THIS ARTICLE 50 LIMITS A LAW ENFORCEMENT23
AGENCY'S ABILITY TO INVESTIGATE UNLAWFUL ACTIVITY IN RELATION TO24
A NATURAL MEDICINE LICENSEE. A LAW ENFORCEMENT AGENCY HAS THE25
AUTHORITY TO RUN A COLORADO CRIME INFORMATION CENTER CRIMINAL26
HISTORY RECORD CHECK OF A LICENSEE OR EMPLOYEE OF A LICENSEE27
290
-46- DURING AN INVESTIGATION OF UNLAWFUL ACTIVITY RELATED TO NATURAL1
MEDICINE OR NATURAL MEDICINE PRODUCT .2
(4) T
HE STATE LICENSING AUTHORITY SHALL COORDINATE WITH3
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND4
ENVIRONMENT CONCERNING THE ESTABLISHMENT OF STANDARDS FOR5
LICENSING LABORATORIES PURSUANT TO THE REQUIREMENTS OUTLINED6
IN SECTION 25-1.5-120 FOR REGULATED NATURAL MEDICINE AND7
REGULATED NATURAL MEDICINE PRODUCT .8
(5) T
HE STATE LICENSING AUTHORITY SHALL, WHEN FINANCIALLY9
FEASIBLE, ESTABLISH PROCEDURES, POLICIES, AND PROGRAMS TO ENSURE10
THIS ARTICLE 50 AND RULES PROMULGATED PURSUANT TO THIS ARTICLE11
50
ARE EQUITABLE AND INCLUSIVE , PROMOTE THE LICENSING ,12
REGISTRATION, AND PERMITTING OF , AND PROVISION OF NATURAL13
MEDICINE AND NATURAL MEDICINE PRODUCT TO , PERSONS FROM14
COMMUNITIES THAT HAVE BEEN DISPROPORTIONATELY HARMED BY HIGH15
RATES OF ARREST FOR CONTROLLED SUBSTANCES , PERSONS WHO FACE16
BARRIERS TO HEALTH-CARE ACCESS, PERSONS WHO HAVE TRADITIONAL ,
17
TRIBAL, OR INDIGENOUS HISTORY WITH NATURAL MEDICINE OR NATURAL18
MEDICINE PRODUCT, OR TO PERSONS WHO ARE VETERANS . THE STATE19
LICENSING AUTHORITY MAY CONSULT THE BOARD WHEN CONSIDERING20
PROCEDURES, POLICIES, AND PROGRAMS PURSUANT TO THIS SUBSECTION21
(5).22
(6) T
HE STATE LICENSING AUTHORITY HAS AUTHORITY TO COLLECT23
AVAILABLE AND RELEVANT DATA NECESSARY TO PERFORM FUNCTIONS24
AND DUTIES NECESSARY TO ADMINISTER THIS ARTICLE 50.25
(7) T
HE STATE LICENSING AUTHORITY SHALL PERFORM OTHER26
FUNCTIONS AND DUTIES NECESSARY TO ADMINISTER THIS ARTICLE 50.27
290
-47- 44-50-203. State licensing authority - rules - legislative1
declaration. (1) Mandatory rule-making. R
ULES PROMULGATED2
PURSUANT TO SECTION 44-50-202 (1)(b) MUST INCLUDE THE FOLLOWING3
SUBJECTS:4
(a) P
ROCEDURES AND REQUIREMENTS CONSISTENT WITH THIS5
ARTICLE 50 FOR THE ISSUANCE, DENIAL, RENEWAL, REINSTATEMENT,6
MODIFICATION, SUSPENSION, AND REVOCATION OF LICENSES;7
(b) O
VERSIGHT REQUIREMENTS FOR LICENSEES ;8
(c) A
SCHEDULE OF APPLICATION, LICENSING, AND RENEWAL FEES9
FOR LICENSES;10
(d) Q
UALIFICATIONS AND ELIGIBILITY REQUIREMENTS FOR11
LICENSURE PURSUANT TO THIS ARTICLE 50, INCLUDING CONTINUING12
ELIGIBILITY EXPECTATIONS, INCLUDING TIMELY PAYING TAXES OWED TO13
THE DEPARTMENT OF REVENUE , TIMELY FILING TAX RETURNS, AND TIMELY14
CURING ANY TAX DEFICIENCIES , AND AUTHORIZATION FOR THE15
DEPARTMENT OF REVENUE TO HAVE ACCESS TO LICENSING INFORMATION16
TO ENSURE TAX PAYMENT FOR THE EFFECTIVE ADMINISTRATION OF THIS17
ARTICLE 50;18
(e) P
ERMISSIBLE AND PROHIBITED FINANCIAL INTERESTS IN A19
LICENSE ISSUED PURSUANT TO THIS ARTICLE 50 OR A LICENSE ISSUED20
PURSUANT TO ARTICLE 170 OF TITLE 12; EXCEPT THAT A PERSON MAY NOT21
HAVE A FINANCIAL INTEREST IN MORE THAN FIVE
NATURAL MEDICINE22
BUSINESS LICENSES;23
(f) (I) E
STABLISHMENT OF A NATURAL MEDICINE INDEPENDENT24
TESTING AND CERTIFICATION PROGRAM FOR LICENSEES WITHIN AN25
IMPLEMENTATION TIME FRAME ESTABLISHED BY THE DIVISION , REQUIRING26
LICENSEES TO TEST REGULATED NATURAL MEDICINE AND REGULATED27
290
-48- NATURAL MEDICINE PRODUCT TO ENSURE , AT A MINIMUM , THAT1
REGULATED NATURAL MEDICINE AND REGULATED NATURAL MEDICINE2
PRODUCT TRANSFERRED FOR HUMAN CONSUMPTION BY PERSONS LICENSED3
PURSUANT TO THIS ARTICLE 50 DO NOT CONTAIN CONTAMINANTS THAT4
ARE INJURIOUS TO HEALTH AND TO ENSURE CORRECT LABELING , AS WELL5
AS:6
(A) C
ERTIFICATION REQUIREMENTS FOR LABORATORIES THAT TEST7
REGULATED NATURAL MEDICINE AND REGULATED NATURAL MEDICINE8
PRODUCT, AND REQUIREMENTS THAT THE TEST RESULTS PRODUCED BY A9
LABORATORY MUST NOT BE USED UNLESS THE LABORATORY IS CERTIFIED ;10
(B) T
ESTING PROCEDURES AND FREQUENCY OF REGULATED11
NATURAL MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT BY12
LICENSEES;13
(C) W
HETHER TO ALLOW FOR ANY NATURAL PERSON TO REQUEST14
AND UTILIZE TESTING SERVICES OF NATURAL MEDICINE AND NATURAL15
MEDICINE PRODUCT IF THE NATURAL PERSON IS TWENTY -ONE YEARS OF16
AGE OR OLDER;17
(D) D
EFINITIONS, PERMISSIONS, AND PROHIBITIONS CONCERNING18
CONFLICTS OF INTEREST RELATED TO , AND ECONOMIC INTERESTS FOR ,19
PERSONS WHO OWN OR ARE ASSOCIATED WITH A NATURAL MEDICINE20
TESTING LICENSE AND OTHER LICENSES; AND21
(E) P
ROCEDURES AND REQUIREMENTS NECESSARY TO FACILITATE22
THE COORDINATION OF DUTIES WITH RESPECT TO THE NATURAL MEDICINE23
TESTING AND CERTIFICATION PROGRAM WITH THE DEPARTMENT OF PUBLIC24
HEALTH AND ENVIRONMENT .25
(II) T
HE STATE LICENSING AUTHORITY SHALL PROMULGATE RULES26
PURSUANT TO THIS SUBSECTION (1)(f) IN COORDINATION WITH THE27
290
-49- DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT TO ENSURE1
CONSISTENCY BETWEEN RULES .2
(g) T
HE REGULATION OF A LICENSED PREMISES, INCLUDING RULES3
THAT ALLOW A NATURAL MEDICINE HEALING CENTER LICENSEE 'S LICENSED4
PREMISES TO BE CO-LOCATED WITH ANOTHER NATURAL MEDICINE HEALING5
CENTER LICENSEE'S LICENSED PREMISES OR A HEALTH-CARE FACILITY;6
(h) R
EQUIREMENTS FOR THE TRANSPORTATION OF REGULATED7
NATURAL MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT ,8
INCLUDING:9
(I) S
ECURITY REQUIREMENTS;10
(II) T
RANSPORTATION VEHICLE REQUIREMENTS , INCLUDING11
REQUIREMENTS FOR SURVEILLANCE ;12
(III) L
IMITS ON THE AMOUNT OF REGULATED NATURAL MEDICINE13
AND REGULATED NATURAL MEDICINE PRODUCT THAT MAY BE CARRIED IN14
A TRANSPORTATION VEHICLE;15
(IV) R
ECORD-KEEPING REQUIREMENTS; AND16
(V) T
RANSPORTATION MANIFEST REQUIREMENTS ;17
(i) L
IMITS ON THE AMOUNT OF REGULATED NATURAL MEDICINE18
AND REGULATED NATURAL MEDICINE PRODUCT THAT IS ALLOWED FOR19
PRODUCTION BY A NATURAL MEDICINE CULTIVATION FACILITY LICENSE OR20
NATURAL MEDICINE PRODUCT MANUFACTURER LICENSE BASED ON A21
METRIC OR SET OF METRICS. WHEN CONSIDERING ANY LIMITATIONS , THE22
STATE LICENSING AUTHORITY SHALL CONSIDER THE TOTAL CURRENT AND23
ANTICIPATED DEMAND FOR REGULATED NATURAL MEDICINE AND24
REGULATED NATURAL MEDICINE PRODUCT IN COLORADO AND ATTEMPT TO25
MINIMIZE THE MARKET FOR UNLAWFUL NATURAL MEDICINE AND NATURAL26
MEDICINE PRODUCT.27
290
-50- (j) RECORDS TO BE KEPT BY LICENSEES AND THE REQUIRED1
AVAILABILITY OF THE RECORDS FOR INSPECTION BY THE STATE LICENSING2
AUTHORITY;3
(k) R
EQUIREMENTS TO PREVENT THE TRANSFER OR DIVERSION OF4
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT TO PERSONS UNDER5
TWENTY-ONE YEARS OF AGE;6
(l) P
ERMITTED AND PROHIBITED TRANSFERS OF REGULATED7
NATURAL MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT8
BETWEEN LICENSEES;9
(m) S
TANDARDS FOR ADVERTISING AND MARKETING A LICENSEE 'S10
SERVICES, INCLUDING: AVOIDING THE MISAPPROPRIATION AND11
EXPLOITATION OF THE FEDERALLY RECOGNIZED AMERICAN TRIBES AND
12
I
NDIGENOUS PEOPLE, COMMUNITIES, CULTURES, AND RELIGIONS; AVOIDING13
THE EXCESSIVE COMMERCIALIZATION OF NATURAL MEDICINE , NATURAL14
MEDICINE PRODUCT, AND NATURAL MEDICINE SERVICES ; PROHIBITING15
ADVERTISING AND MARKETING OF NATURAL MEDICINE , NATURAL16
MEDICINE PRODUCT, AND NATURAL MEDICINE SERVICES DIRECTED TO17
INDIVIDUALS WHO ARE UNDER TWENTY -ONE YEARS OF AGE; AND OTHER18
PARAMETERS DETERMINED NECESSARY BY THE STATE LICENSING19
AUTHORITY.20
(n) T
HE STANDARDS FOR QUALIFICATION AS A LICENSEE ,21
INCLUDING ENVIRONMENTAL , SOCIAL, AND GOVERNANCE CRITERIA22
DIRECTED TO THE FINDINGS AND DECLARATIONS SET FORTH IN SECTION23
12-170-102.24
(2) Permissive rule-making. R
ULES PROMULGATED PURSUANT TO25
SECTION 44-50-202 (1)(b) MAY INCLUDE, BUT NEED NOT BE LIMITED TO,26
THE FOLLOWING SUBJECTS:27
290
-51- (a) ESTABLISHMENT OF LICENSES , AND THE PRIVILEGES AND1
RESTRICTIONS PURSUANT TO SUCH LICENSES , DETERMINED NECESSARY BY2
THE STATE LICENSING AUTHORITY TO IMPLEMENT OR ADMINISTER THIS3
ARTICLE 50;4
(b) E
STABLISHMENT OF A PRINCIPLE FILE PROCESS AND5
REQUIREMENTS FOR AN APPLICANT SEEKING TO EXERCISE THE PRIVILEGES6
OF A LICENSE TYPE IN MULTIPLE LOCATIONS OR SEEKING TO EXERCISE THE7
PRIVILEGES OF MULTIPLE LICENSE TYPES;8
(c) R
EQUIREMENTS FOR ISSUANCE OF CO-LOCATION PERMITS TO A9
LICENSEE AUTHORIZING CO-LOCATION WITH ANOTHER LICENSED PREMISES ;10
(d) R
EQUIREMENTS AND RESTRICTIONS ON DIFFERENT TYPES OF11
REGULATED NATURAL MEDICINE OR REGULATED NATURAL MEDICINE12
PRODUCT;13
(e) P
ACKAGING AND LABELING REQUIREMENTS FOR REGULATED14
NATURAL MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT ,15
INCLUDING:16
(I) W
ARNING LABELS;17
(II) I
NDIVIDUAL SERVING AND PER-PACKAGE SERVING AMOUNTS ;18
AND19
(III) C
ONCENTRATION OF THE REGULATED NATURAL MEDICINE OR20
REGULATED NATURAL MEDICINE PRODUCT ;21
(f) S
ECURITY REQUIREMENTS FOR LICENSED PREMISES , INCLUDING22
LIGHTING, PHYSICAL SECURITY, VIDEO, AND ALARM REQUIREMENTS , AND23
OTHER MINIMUM PROCEDURES FOR INTERNAL CONTROL AS DEEMED24
NECESSARY BY THE STATE LICENSING AUTHORITY TO PROPERLY25
ADMINISTER AND ENFORCE THE PROVISIONS OF THIS ARTICLE 50,26
INCLUDING REPORTING REQUIREMENTS FOR CHANGES , ALTERATIONS,27
290
-52- MODIFICATIONS TO THE PREMISES, OR ACTIVITIES OR INCIDENTS ON THE1
PREMISES;2
(g) H
EALTH AND SAFETY REGULATIONS AND STANDARDS ;3
(h) S
ANITARY REQUIREMENTS;4
(i) W
ASTE, DISPOSAL, AND DESTRUCTION REQUIREMENTS OF5
REGULATED NATURAL MEDICINE OR REGULATED NATURAL MEDICINE6
PRODUCT, INCLUDING RECORD-KEEPING REQUIREMENTS;7
(j) S
TORAGE AND TRANSPORTATION OF REGULATED NATURAL8
MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT ;9
(k) R
EQUIREMENTS OF LICENSEES TO TRACK AND MANAGE10
INVENTORY;11
(l) C
OMPLIANCE WITH, ENFORCEMENT OF, OR VIOLATION OF ANY12
PROVISION OF THIS ARTICLE 50, ARTICLE 18 OF TITLE 18, OR ANY RULE13
PROMULGATED PURSUANT TO THIS ARTICLE 50, INCLUDING PROCEDURES14
AND GROUNDS FOR DENYING , SUSPENDING, FINING, MODIFYING,15
RESTRICTING, OR REVOKING A STATE LICENSE ISSUED PURSUANT TO THIS16
ARTICLE 50 OR ANY RULE PROMULGATED PURSUANT TO THIS ARTICLE 50;17
(m) E
STABLISHING A SCHEDULE OF PENALTIES FOR ALLEGED18
VIOLATIONS OF STATUTES AND RULES ;19
(n) S
PECIFICATIONS OF DUTIES OF OFFICERS AND EMPLOYEES OF20
THE STATE LICENSING AUTHORITY;21
(o) G
UIDANCE
FOR LAW ENFORCEMENT OFFICERS ;22
(p) R
EQUIREMENTS FOR INSPECTIONS, INVESTIGATIONS, SEARCHES,23
SEIZURES, FORFEITURES, EMBARGO, QUARANTINE, RECALLS, AND SUCH24
ADDITIONAL ACTIVITIES AS MAY BECOME NECESSARY ;25
(q) P
ROHIBITION OF MISREPRESENTATION AND UNFAIR PRACTICES ;26
AND27
290
-53- (r) SUCH OTHER MATTERS AS ARE NECESSARY FOR THE FAIR ,1
IMPARTIAL, STRINGENT, AND COMPREHENSIVE ADMINISTRATION OF THIS2
ARTICLE 50.3
(3) T
HE STATE LICENSING AUTHORITY SHALL CONSULT THE BOARD4
WHEN CONSIDERING AND PROMULGATING RULES PURSUANT TO THIS5
SECTION.6
(4) (a) T
HE STATE LICENSING AUTHORITY MAY , BY RULE,7
ESTABLISH PROCEDURES FOR THE CONDITIONAL ISSUANCE OF AN8
EMPLOYEE LICENSE IDENTIFICATION CARD AT THE TIME OF APPLICATION .9
(b) (I) T
HE STATE LICENSING AUTHORITY SHALL BASE ITS10
ISSUANCE OF AN EMPLOYEE LICENSE IDENTIFICATION CARD PURSUANT TO11
THIS SUBSECTION (4) ON THE RESULTS OF AN INITIAL INVESTIGATION THAT12
DEMONSTRATES THE APPLICANT IS QUALIFIED TO HOLD A LICENSE . THE13
EMPLOYEE LICENSE APPLICATION FOR WHICH AN EMPLOYEE LICENSE14
IDENTIFICATION CARD WAS ISSUED PURSUANT TO THIS SUBSECTION (4)15
REMAINS SUBJECT TO DENIAL PENDING THE COMPLETE RESULTS OF THE16
APPLICANT'S INITIAL FINGERPRINT-BASED CRIMINAL HISTORY RECORD17
CHECK.18
(II) R
ESULTS OF A FINGERPRINT-BASED CRIMINAL HISTORY RECORD19
CHECK THAT DEMONSTRATE THAT AN APPLICANT POSSESSING AN20
EMPLOYEE LICENSE IDENTIFICATION CARD PURSUANT TO THIS SUBSECTION21
(4)
IS NOT QUALIFIED TO HOLD A LICENSE ISSUED PURSUANT TO THIS22
ARTICLE 50 ARE GROUNDS FOR DENIAL OF THE EMPLOYEE LICENSE23
APPLICATION. IF THE EMPLOYEE LICENSE APPLICATION IS DENIED , THE24
APPLICANT SHALL RETURN THE EMPLOYEE LICENSE IDENTIFICATION CARD25
TO THE STATE LICENSING AUTHORITY WITHIN A TIME PERIOD THAT THE26
STATE LICENSING AUTHORITY ESTABLISHES BY RULE .27
290
-54- 44-50-204. Confidentiality. (1) T HE STATE LICENSING1
AUTHORITY SHALL MAINTAIN THE CONFIDENTIALITY OF :2
(a) R
EPORTS OR OTHER INFORMATION OBTAINED FROM A LICENSEE3
OR A LICENSE APPLICANT CONTAINING ANY INDIVIDUALIZED DATA ,4
INFORMATION, OR RECORDS RELATED TO THE APPLICANT ; LICENSEE;5
LICENSEE'S OPERATION, INCLUDING SALES INFORMATION , LEASES,6
BUSINESS ORGANIZATION RECORDS , FINANCIAL RECORDS, TAX RETURNS,7
CREDIT REPORTS, CULTIVATION INFORMATION , TESTING RESULTS, AND8
SECURITY INFORMATION AND PLANS ; ANY PARTICIPANT INFORMATION; OR9
ANY OTHER RECORDS THAT ARE EXEMPT FROM PUBLIC INSPECTION10
PURSUANT TO STATE LAW. SUCH REPORTS OR OTHER INFORMATION MAY11
BE USED ONLY FOR A PURPOSE AUTHORIZED BY THIS ARTICLE 50 OR A RULE12
PROMULGATED PURSUANT TO THIS ARTICLE 50 FOR INVESTIGATION OR13
ENFORCEMENT OF ANY INTERNATIONAL , FEDERAL, STATE, OR LOCAL14
SECURITIES LAW OR REGULATION , OR FOR ANY OTHER STATE OR LOCAL15
LAW ENFORCEMENT PURPOSE . ANY INFORMATION RELEASED RELATED TO16
A PARTICIPANT MAY BE USED ONLY FOR A PURPOSE AUTHORIZED BY THIS17
ARTICLE 50, AS A PART OF AN ACTIVE INVESTIGATION , AS A PART OF A18
PROCEEDING AUTHORIZED BY THIS ARTICLE 50, OR FOR ANY STATE OR19
LOCAL LAW ENFORCEMENT PURPOSE INVOLVING EVIDENCE OF SALES20
TRANSACTIONS IN VIOLATION OF THIS ARTICLE 50 OR EVIDENCE OF21
CRIMINAL ACTIVITY. THE INFORMATION OR RECORDS RELATED TO A22
PARTICIPANT CONSTITUTE MEDICAL DATA AS DESCRIBED BY SECTION23
24-72-204 (3)(a)(I),
AND THE INFORMATION OR RECORDS MAY ONLY BE24
DISCLOSED TO THOSE PERSONS DIRECTLY INVOLVED WITH AN ACTIVE25
INVESTIGATION OR PROCEEDING.26
(b) I
NVESTIGATIVE RECORDS AND DOCUMENTS RELATED TO27
290
-55- ONGOING INVESTIGATIONS. THOSE RECORDS AND DOCUMENTS MAY BE1
USED ONLY FOR A PURPOSE AUTHORIZED BY THIS ARTICLE 50 OR RULES2
PROMULGATED BY THIS ARTICLE 50, OR FOR ANY OTHER STATE OR LOCAL3
LAW ENFORCEMENT PURPOSE .4
(c) C
OMPUTER SYSTEMS MAINTAINED BY THE STATE LICENSING5
AUTHORITY AND THE VENDORS WITH WHICH THE STATE LICENSING6
AUTHORITY HAS CONTRACTED .7
(2) T
HE STATE LICENSING AUTHORITY SHALL MAKE AVAILABLE8
FOR PUBLIC INSPECTION:9
(a) D
OCUMENTS RELATED TO FINAL AGENCY ACTIONS AND10
ORDERS;11
(b) R
ECORDS RELATED TO TESTING ON AN AGGREGATED AND12
DE-IDENTIFIED BASIS;13
(c) D
EMOGRAPHIC INFORMATION RELATED TO APPLICANTS AND14
LICENSEES AVAILABLE ON AN AGGREGATED AND DE -IDENTIFIED BASIS;15
AND16
(d) E
NFORCEMENT FORMS AND COMPLIANCE CHECKLISTS .17
PART 318
LICENSE TYPES19
44-50-301. Classes of licenses. (1) F
OR THE PURPOSE OF20
REGULATING THE CULTIVATION , MANUFACTURING, TESTING, STORAGE,21
DISTRIBUTION, TRANSPORT, TRANSFER, AND DISPENSATION OF REGULATED22
NATURAL MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT , THE23
STATE LICENSING AUTHORITY IN ITS DISCRETION , UPON APPLICATION IN24
THE PRESCRIBED FORM, MAY ISSUE AND GRANT TO THE APPLICANT A25
LICENSE FROM ANY OF THE CLASSES LISTED IN SUBSECTION (2) OF THIS26
SECTION, SUBJECT TO THE PROVISIONS AND RESTRICTIONS PROVIDED BY27
290
-56- THIS ARTICLE 50 OR A RULE PROMULGATED PURSUANT TO THIS ARTICLE 50.1
(2) (a) T
HE FOLLOWING ARE NATURAL MEDICINE BUSINESS2
LICENSES:3
(I) N
ATURAL MEDICINE HEALING CENTER LICENSE ;4
(II) N
ATURAL MEDICINE CULTIVATION FACILITY LICENSE ;5
(III) N
ATURAL MEDICINE PRODUCT MANUFACTURER LICENSE ;6
(IV) N
ATURAL MEDICINE TESTING FACILITY LICENSE ; AND7
(V) A
NY NATURAL MEDICINE BUSINESS LICENSE DETERMINED8
NECESSARY BY THE STATE LICENSING AUTHORITY .9
(b) T
HE FOLLOWING ARE NATURAL MEDICINE LICENSES OR10
REGISTRATIONS: OCCUPATIONAL LICENSES AND REGISTRATIONS FOR11
OWNERS, MANAGERS, OPERATORS, EMPLOYEES, CONTRACTORS, AND12
OTHER SUPPORT STAFF EMPLOYED BY , WORKING IN, OR HAVING ACCESS TO13
RESTRICTED AREAS OF THE LICENSED PREMISES , AS DETERMINED BY THE14
STATE LICENSING AUTHORITY. THE STATE LICENSING AUTHORITY MAY15
TAKE ANY ACTION WITH RESPECT TO A REGISTRATION OR PERMIT16
PURSUANT TO THIS ARTICLE 50 OR RULES PROMULGATED PURSUANT TO17
THIS ARTICLE 50 AS IT MAY, WITH RESPECT TO A LICENSE ISSUED18
PURSUANT TO THIS ARTICLE 50 OR RULES PROMULGATED PURSUANT TO19
THIS ARTICLE 50 IN ACCORDANCE WITH THE PROCEDURES ESTABLISHED20
PURSUANT TO THIS ARTICLE 50 OR RULES PROMULGATED PURSUANT TO21
THIS ARTICLE 50.22
(3) A
STATE CHARTERED BANK OR A CREDIT UNION MAY LOAN23
MONEY TO ANY PERSON LICENSED PURSUANT TO THIS ARTICLE 50 OR24
RULES PROMULGATED PURSUANT TO THIS ARTICLE 50 FOR THE OPERATION25
OF A LICENSED NATURAL MEDICINE BUSINESS .26
(4) A
PERSON MAY NOT OPERATE A LICENSE ISSUED PURSUANT TO27
290
-57- THIS ARTICLE 50 AT THE SAME LOCATION AS A LICENSE OR PERMIT ISSUED1
PURSUANT TO ARTICLE 3, 4, 5, OR 10 OF THIS TITLE 44.2
44-50-302. Restrictions for applications for new licenses.3
(1) T
HE STATE LICENSING AUTHORITY SHALL NOT RECEIVE OR ACT UPON4
AN APPLICATION FOR THE ISSUANCE OF A NATURAL MEDICINE BUSINESS5
LICENSE PURSUANT TO THIS ARTICLE 50:6
(a) I
F THE APPLICATION FOR A LICENSE CONCERNS A PARTICULAR7
LOCATION THAT IS THE SAME AS OR WITHIN ONE THOUSAND FEET OF A8
LOCATION FOR WHICH, WITHIN THE TWO YEARS IMMEDIATELY PRECEDING9
THE DATE OF THE APPLICATION, THE STATE LICENSING AUTHORITY DENIED10
AN APPLICATION FOR THE SAME CLASS OF LICENSE DUE TO THE NATURE OF11
THE USE OR OTHER CONCERN RELATED TO THE LOCATION ;12
(b) U
NTIL IT IS ESTABLISHED THAT THE APPLICANT IS, OR WILL BE,13
ENTITLED TO POSSESSION OF THE PREMISES FOR WHICH APPLICATION IS14
MADE UNDER A LEASE, RENTAL AGREEMENT, OR OTHER ARRANGEMENT15
FOR POSSESSION OF THE PREMISES OR BY VIRTUE OF OWNERSHIP OF THE16
PREMISES;17
(c) F
OR A LOCATION IN AN AREA WHERE THE CULTIVATION ,18
MANUFACTURING, TESTING, STORAGE, DISTRIBUTION, TRANSFER, AND19
DISPENSATION OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT AS20
CONTEMPLATED IS NOT PERMITTED UNDER THE APPLICABLE ZONING LAWS21
OF THE LOCAL JURISDICTION;22
(d) (I) I
F THE BUILDING WHERE NATURAL MEDICINE SERVICES ARE23
PROVIDED IS WITHIN ONE THOUSAND FEET OF A CHILD CARE CENTER ;24
PRESCHOOL; ELEMENTARY, MIDDLE, JUNIOR, OR HIGH SCHOOL; OR A25
RESIDENTIAL CHILD CARE FACILITY. THE PROVISIONS OF THIS SECTION DO26
NOT AFFECT THE RENEWAL OR REISSUANCE OF A LICENSE ONCE GRANTED27
290
-58- OR APPLY TO LICENSED PREMISES LOCATED OR TO BE LOCATED ON LAND1
OWNED BY A MUNICIPALITY , NOR DO THE PROVISIONS OF THIS SECTION2
APPLY TO AN EXISTING LICENSED PREMISES ON LAND OWNED BY THE STATE3
OR APPLY TO A LICENSE IN EFFECT AND ACTIVELY DOING BUSINESS BEFORE4
THE SCHOOL OR FACILITY WAS CONSTRUCTED . THE GOVERNING BODY OF5
A MUNICIPALITY, BY ORDINANCE; AND THE GOVERNING BODY OF A6
COUNTY, BY RESOLUTION, MAY VARY THE DISTANCE RESTRICTIONS7
IMPOSED BY THIS SUBSECTION (1)(d)(I) FOR A LICENSE OR MAY ELIMINATE8
ONE OR MORE TYPES OF SCHOOLS OR FACILITIES FROM THE APPLICATION9
OF A DISTANCE RESTRICTION ESTABLISHED BY OR PURSUANT TO THIS10
SUBSECTION (1)(d)(I).11
(II) T
HE DISTANCES REFERRED TO IN THIS SUBSECTION (1)(d) MUST12
BE COMPUTED BY DIRECT MEASUREMENT FROM THE NEAREST PROPERTY13
LINE OF THE LAND USED FOR A SCHOOL OR FACILITY TO THE NEAREST14
PORTION OF THE BUILDING IN WHICH NATURAL MEDICINE SERVICES ARE15
PROVIDED, USING A ROUTE OF DIRECT PEDESTRIAN ACCESS .16
(III) T
HE STATE LICENSING AUTHORITY SHALL CONSIDER THE17
EVIDENCE AND MAKE A SPECIFIC FINDING OF FACT AS TO WHETHER THE18
BUILDING IN WHICH THE NATURAL MEDICINE BUSINESS IS LOCATED IS19
WITHIN ANY DISTANCE RESTRICTIONS ESTABLISHED BY OR PURSUANT TO20
THIS SUBSECTION (1)(d).21
(2) T
HE STATE LICENSING AUTHORITY SHALL NOT APPROVE AN22
APPLICATION FOR THE ISSUANCE OF A NATURAL MEDICINE BUSINESS23
LICENSE PURSUANT TO THIS ARTICLE 50 UNTIL THE STATE LICENSING24
AUTHORITY ESTABLISHES THAT THE APPLICANT IS , OR WILL BE, ENTITLED25
TO POSSESSION OF THE PREMISES FOR WHICH APPLICATION IS MADE UNDER26
A LEASE, RENTAL AGREEMENT, OR OTHER ARRANGEMENT FOR POSSESSION27
290
-59- OF THE PREMISES OR BY VIRTUE OF OWNERSHIP OF THE PREMISES .1
PART 42
NATURAL MEDICINE LICENSE TYPES3
44-50-401. Natural medicine healing center license - rules.4
(1) A
NATURAL MEDICINE HEALING CENTER LICENSE MAY BE ISSUED ONLY5
TO A PERSON THAT EMPLOYS OR CONTRACTS WITH A FACILITATOR WHO6
PROVIDES NATURAL MEDICINE SERVICES PURSUANT TO THE TERMS AND7
CONDITIONS OF ARTICLE 170 OF TITLE 12.8
(2) A
NATURAL MEDICINE HEALING CENTER LICENSEE MAY9
TRANSFER REGULATED NATURAL MEDICINE OR REGULATED NATURAL10
MEDICINE PRODUCT TO ANOTHER NATURAL MEDICINE HEALING CENTER11
LICENSEE PURSUANT TO RULES PROMULGATED BY THE STATE LICENSING12
AUTHORITY.13
(3) P
RIOR TO INITIATING NATURAL MEDICINE SERVICES , THE14
FACILITATOR OF THE NATURAL MEDICINE HEALING CENTER LICENSEE15
SHALL VERIFY THAT THE PARTICIPANT IS TWENTY -ONE YEARS OF AGE OR16
OLDER.17
(4) A
NATURAL MEDICINE HEALING CENTER LICENSEE SHALL18
COMPLY WITH ALL PROVISIONS OF ARTICLE 34 OF TITLE 24, AS THE19
PROVISIONS RELATE TO PERSONS WITH DISABILITIES .20
(5) (a) E
XCEPT AS PROVIDED IN SUBSECTION (5)(b) OF THIS21
SECTION, A NATURAL MEDICINE HEALING CENTER LICENSEE SHALL NOT22
TRANSFER, INDIVIDUALLY OR IN ANY COMBINATION , MORE THAN AN23
AMOUNT PROMULGATED BY RULE OF NATURAL MEDICINE AND NATURAL24
MEDICINE PRODUCT TO A PARTICIPANT IN A SINGLE ADMINISTRATION25
SESSION.26
(b) T
HE STATE LICENSING AUTHORITY MAY PROMULGATE RULES27
290
-60- TO ESTABLISH CERTAIN EXEMPTIONS TO THE NATURAL MEDICINE OR1
NATURAL MEDICINE PRODUCT LIMITATION AND MAY ESTABLISH2
RECORD-KEEPING REQUIREMENTS FOR NATURAL MEDICINE HEALING3
CENTER LICENSEES PURSUANT TO ANY EXEMPTION TO THE4
ADMINISTRATION LIMITATION.5
44-50-402. Natural medicine cultivation facility license. (1) A6
NATURAL MEDICINE CULTIVATION FACILITY LICENSE MAY BE ISSUED ONLY7
TO A PERSON WHO CULTIVATES REGULATED NATURAL MEDICINE FOR8
TRANSFER AND DISTRIBUTION TO NATURAL MEDICINE HEALING CENTER9
LICENSEES, NATURAL MEDICINE PRODUCT MANUFACTURER LICENSEES , OR10
OTHER NATURAL MEDICINE CULTIVATION FACILITY LICENSEES .11
(2) N
ATURAL MEDICINE OR NATURAL MEDICINE PRODUCT MUST12
NOT BE CONSUMED ON THE NATURAL MEDICINE CULTIVATION FACILITY13
LICENSEE'S LICENSED PREMISES, UNLESS THE LICENSED PREMISES IS14
CO-LOCATED WITH A NATURAL MEDICINE HEALING CENTER LICENSEE 'S15
LICENSED PREMISES.16
44-50-403. Natural medicine product manufacturer license.17
(1) (a) A
NATURAL MEDICINE PRODUCT MANUFACTURER LICENSE MAY BE18
ISSUED TO A PERSON WHO MANUFACTURES REGULATED NATURAL19
MEDICINE PRODUCT PURSUANT TO THE TERMS AND CONDITIONS OF THIS20
ARTICLE 50 AND RULES PROMULGATED PURSUANT TO THIS ARTICLE 50.21
(b) A
NATURAL MEDICINE PRODUCT MANUFACTURER LICENSEE22
MAY CULTIVATE ITS OWN REGULATED NATURAL MEDICINE PURSUANT TO23
A NATURAL MEDICINE CULTIVATION FACILITY LICENSEE .24
(c) A
NATURAL MEDICINE PRODUCT MANUFACTURER LICENSEE25
SHALL NOT:26
(I) A
DD ANY REGULATED NATURAL MEDICINE TO A FOOD PRODUCT27
290
-61- IF THE MANUFACTURER OF THE FOOD PRODUCT HOLDS A TRADEMARK TO1
THE FOOD PRODUCT'S NAME; EXCEPT THAT A NATURAL MEDICINE PRODUCT2
MANUFACTURER LICENSEE MAY USE A TRADEMARKED FOOD PRODUCT IF3
THE MANUFACTURER USES THE PRODUCT AS A COMPONENT OR AS PART OF4
A RECIPE AND IF THE NATURAL MEDICINE PRODUCT MANUFACTURER5
LICENSEE DOES NOT STATE OR ADVERTISE TO THE CONSUMER THAT THE6
FINAL NATURAL MEDICINE PRODUCT CONTAINS A TRADEMARKED FOOD7
PRODUCT;8
(II) I
NTENTIONALLY OR KNOWINGLY LABEL OR PAC KAGE NATURAL9
MEDICINE OR NATURAL MEDICINE PRODUCT IN A MANNER THAT WOULD10
CAUSE A REASONABLE CONSUMER CONFUSION AS TO WHETHER THE11
NATURAL MEDICINE PRODUCT WAS A TRADEMARKED FOOD PRODUCT ; OR12
(III) L
ABEL OR PACKAGE A PRODUCT IN A MANNER THAT VIOLATES13
ANY FEDERAL TRADEMARK LAW OR REGULATION .14
(2) N
ATURAL MEDICINE AND NATURAL MEDICINE PRODUCT MUST15
NOT BE CONSUMED ON A NATURAL MEDICINE PRODUCT MANUFACTURER16
LICENSEE'S LICENSED PREMISES, UNLESS THE LICENSED PREMISES IS17
CO-LOCATED WITH A NATURAL MEDICINE HEALING CENTER LICENSEE 'S18
LICENSED PREMISES.19
44-50-404. Natural medicine testing facility license - rules.20
(1) (a) A
NATURAL MEDICINE TESTING FACILITY LICENSE MAY BE ISSUED21
TO A PERSON WHO PERFORMS TESTING AND RESEARCH ON NATURAL22
MEDICINE AND NATURAL MEDICINE PRODUCT .23
(b) T
HE TESTING OF NATURAL MEDICINE AND NATURAL MEDICINE24
PRODUCT, AND THE ASSOCIATED STANDARDS , IS A MATTER OF STATEWIDE25
CONCERN.26
(2) T
HE STATE LICENSING AUTHORITY SHALL PROMULGATE RULES27
290
-62- RELATED TO ACCEPTABLE TESTING AND RESEARCH PRACTICES , INCLUDING1
BUT NOT LIMITED TO TESTING, STANDARDS, QUALITY CONTROL ANALYSIS,2
EQUIPMENT CERTIFICATION AND CALIBRATION , IDENTIFICATION OF3
CHEMICALS AND OTHER SUBSTANCES USED IN BONA FIDE RESEARCH4
METHODS, AND WHETHER TO ALLOW A NATURAL PERSON TO REQUEST AND5
UTILIZE TESTING SERVICES OF NATURAL MEDICINE AND NATURAL6
MEDICINE PRODUCT IF THE NATURAL PERSON IS TWENTY -ONE YEARS OF7
AGE OR OLDER.8
(3) A
PERSON WHO HAS AN INTEREST IN A NATURAL MEDICINE9
TESTING FACILITY LICENSE SHALL NOT HAVE ANY INTEREST IN A LICENSED10
NATURAL MEDICINE HEALING CENTER , A LICENSED NATURAL MEDICINE11
CULTIVATION FACILITY, A LICENSED NATURAL MEDICINE PRODUCT12
MANUFACTURER, OR A NATURAL MEDICINE LICENSE ISSUED BY THE STATE13
LICENSING AUTHORITY PURSUANT TO THIS ARTICLE 50 OR RULES14
PROMULGATED PURSUANT TO THIS ARTICLE 50.15
PART 516
UNLAWFUL ACTS17
44-50-501. Unlawful acts. (1) E
XCEPT AS OTHERWISE PROVIDED18
IN THIS ARTICLE 50, IT IS UNLAWFUL FOR A LICENSEE TO:19
(a) K
NOWINGLY TRANSFER
NATURAL MEDICINE OR A NATURAL20
MEDICINE PRODUCT TO A PERSON UNDER TWENTY -ONE YEARS OF AGE; OR21
(b) K
NOWINGLY ADULTERATE OR ALTER , OR ATTEMPT TO22
ADULTERATE OR ALTER, ANY SAMPLE OF REGULATED NATURAL MEDICINE23
OR A NATURAL MEDICINE PRODUCT FOR THE PURPOSE OF CIRCUMVENTING24
TESTING REQUIREMENTS.25
PART 626
FEES27
290
-63- 44-50-601. Regulated natural medicine cash fund - created -1
rules. (1) (a) A
LL MONEY COLLECTED BY THE STATE LICENSING2
AUTHORITY PURSUANT TO THIS ARTICLE 50 OR RULES PROMULGATED3
PURSUANT TO THIS ARTICLE 50 MUST BE TRANSMITTED TO THE STATE4
TREASURER, WHO SHALL CREDIT THE SAME TO THE REGULATED NATURAL5
MEDICINE DIVISION CASH FUND , WHICH IS HEREBY CREATED . THE6
REGULATED NATURAL MEDICINE DIVISION CASH FUND , REFERRED TO IN7
THIS SECTION AS THE "FUND", CONSISTS OF:8
(I) T
HE MONEY COLLECTED BY THE STATE LICENSING AUTHORITY ;9
AND10
(II) A
NY ADDITIONAL GENERAL FUND MONEY APPROPRIATED TO11
THE FUND THAT IS NECESSARY FOR THE OPERATION OF THE STATE12
LICENSING AUTHORITY.13
(b) M
ONEY IN THE FUND IS SUBJECT TO ANNUAL APPROPRIATION14
BY THE GENERAL ASSEMBLY TO THE DEPARTMENT FOR THE DIRECT AND15
INDIRECT COSTS ASSOCIATED WITH IMPLEMENTING THIS ARTICLE 50.16
(c) A
NY MONEY IN THE FUND NOT EXPENDED FOR THE PURPOSES17
OF THIS SECTION MAY BE INVESTED BY THE STATE TREASURER AS18
PROVIDED BY LAW. ALL INTEREST AND INCOME DERIVED FROM THE19
INVESTMENT AND DEPOSIT OF MONEY IN THE FUND SHALL BE CREDITED TO20
THE FUND. ANY UNEXPENDED AND UNENCUMBERED MONEY REMAINING21
IN THE FUND AT THE END OF A FISCAL YEAR REMAINS IN THE FUND AND22
SHALL NOT BE CREDITED OR TRANSFERRED TO THE GENERAL FUND OR23
ANOTHER FUND.24
(2) T
HE EXECUTIVE DIRECTOR BY RULE OR AS OTHERWISE25
PROVIDED BY LAW MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE26
FEES IF NECESSARY PURSUANT TO SECTION 24-75-402 (3) TO REDUCE THE27
290
-64- UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION OF1
ONE OR MORE OF THE FEES IS CREDITED . AFTER THE UNCOMMITTED2
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED , THE EXECUTIVE3
DIRECTOR BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE4
THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION5
24-75-402
(4).6
(3) (a) T
HE STATE LICENSING AUTHORITY SHALL ESTABLISH FEES7
FOR PROCESSING THE APPLICATIONS OR LICENSES PURSUANT TO SECTION8
44-50-301.9
(b) T
HE AMOUNTS OF SUCH FEES, WHEN ADDED TO THE OTHER FEES10
TRANSFERRED TO THE FUND PURSUANT TO THIS SECTION , MUST REFLECT11
THE ACTUAL DIRECT AND INDIRECT COSTS OF THE STATE LICENSING12
AUTHORITY IN THE ADMINISTRATION AND ENFORCEMENT OF THIS ARTICLE13
50
SO THAT THE FEES AVOID EXCEEDING THE STATUTORY LIMIT ON14
UNCOMMITTED RESERVES IN ADMINISTRATIVE AGENCY CASH FUNDS AS SET15
FORTH IN SECTION 24-75-402 (3).16
(c) T
HE STATE LICENSING AUTHORITY MAY CHARGE APPLICANTS17
LICENSED PURSUANT TO THIS ARTICLE 50 A FEE FOR THE COST OF EACH18
FINGERPRINT ANALYSIS AND BACKGROUND INVESTIGATION UNDERTAKEN19
TO QUALIFY NEW OFFICERS, DIRECTORS, MANAGERS, OR EMPLOYEES.20
(d) A
T LEAST ANNUALLY, THE STATE LICENSING AUTHORITY SHALL21
REVIEW THE AMOUNTS OF THE FEES AND , IF NECESSARY, ADJUST THE22
AMOUNTS TO REFLECT THE DIRECT AND INDIRECT COSTS OF THE STATE23
LICENSING AUTHORITY.24
(e) T
HE FEES ESTABLISHED AND COLLECTED PURSUANT TO THIS25
SECTION MUST NOT EXCEED THE AMOUNT NECESSARY TO ADMINISTER THIS26
ARTICLE 50.27
290
-65- (4) EXCEPT AS PROVIDED IN SUBSECTION (5) OF THIS SECTION, THE1
STATE LICENSING AUTHORITY SHALL ESTABLISH A BASIC FEE THAT SHALL2
BE PAID AT THE TIME OF SERVICE OF ANY SUBPOENA UPON THE STATE3
LICENSING AUTHORITY, PLUS A FEE FOR MEALS AND A FEE FOR MILEAGE AT4
THE RATE PRESCRIBED FOR STATE OFFICERS AND EMPLOYEES IN SECTION5
24-9-104
FOR EACH MILE ACTUALLY AND NECESSARILY TRAVELED IN6
GOING TO AND RETURNING FROM THE PLACE NAMED IN THE SUBPOENA . IF7
THE PERSON NAMED IN THE SUBPOENA IS REQUIRED TO ATTEND THE PLACE8
NAMED IN THE SUBPOENA FOR MORE THAN ONE DAY , THERE SHALL BE9
PAID, IN ADVANCE, A SUM TO BE ESTABLISHED BY THE STATE LICENSING10
AUTHORITY FOR EACH DAY OF ATTENDANCE TO COVER THE EXPENSES OF11
THE PERSON NAMED IN THE SUBPOENA .12
(5) T
HE SUBPOENA FEE ESTABLISHED PURSUANT TO SUBSECTION13
(4)
OF THIS SECTION DOES NOT APPLY TO ANY FEDERAL, STATE, OR LOCAL14
GOVERNMENTAL AGENCY .15
44-50-602. Fees - allocation. (1) E
XCEPT AS OTHERWISE16
PROVIDED, ALL FEES AND FINES PROVIDED FOR BY THIS ARTICLE 50 SHALL17
BE PAID TO THE STATE LICENSING AUTHORITY , WHICH SHALL TRANSMIT18
THE FEES TO THE STATE TREASURER. THE STATE TREASURER SHALL CREDIT19
THE FEES TO THE REGULATED NATURAL MEDICINE DIVISION CASH FUND20
CREATED IN SECTION 44-50-601.21
(2) T
HE EXPENDITURES OF THE STATE LICENSING AUTHORITY ARE22
PAID OUT OF APPROPRIATIONS FROM THE REGULATED NATURAL MEDICINE23
DIVISION CASH FUND CREATED IN SECTION 44-50-601.24
PART 725
DISCIPLINARY ACTIONS26
44-50-701. Suspension - revocation - fines. (1) I
N ADDITION TO27
290
-66- ANY OTHER SANCTIONS PRESCRIBED BY THIS ARTICLE 50 OR RULES1
PROMULGATED PURSUANT TO THIS ARTICLE 50, THE STATE LICENSING2
AUTHORITY HAS THE POWER , ON ITS OWN MOTION OR ON COMPLAINT ,3
AFTER INVESTIGATION AND OPPORTUNITY FOR A PUBLIC HEARING AT4
WHICH THE LICENSEE MUST BE AFFORDED AN OPPORTUNITY TO BE HEARD ,5
TO FINE A LICENSEE OR TO SUSPEND OR REVOKE A LICENSE ISSUED BY THE6
AUTHORITY FOR A VIOLATION BY THE LICENSEE OR BY ANY OF THE AGENTS7
OR EMPLOYEES OF THE LICENSEE OF THE PROVISIONS OF THIS ARTICLE 50,8
OR ANY OF THE RULES PROMULGATED PURSUANT TO THIS ARTICLE 50, OR9
OF ANY OF THE TERMS, CONDITIONS, OR PROVISIONS OF THE LICENSE10
ISSUED BY THE STATE LICENSING AUTHORITY . THE STATE LICENSING11
AUTHORITY HAS THE POWER TO ADMINISTER OATHS AND ISSUE SUBPOENAS12
TO REQUIRE THE PRESENCE OF PERSONS AND THE PRODUCTION OF PAPERS ,13
BOOKS, AND RECORDS NECESSARY TO THE DETERMINATION OF A HEARING14
THAT THE STATE LICENSING AUTHORITY IS AUTHORIZED TO CONDUCT .15
(2) T
HE STATE LICENSING AUTHORITY SHALL PROVIDE NOTICE OF16
SUSPENSION, REVOCATION, FINE, OR OTHER SANCTION, AS WELL AS THE17
REQUIRED NOTICE OF THE HEARING PURSUANT TO SUBSECTION (1) OF THIS18
SECTION, BY MAILING THE SAME IN WRITING TO THE LICENSEE AT THE19
ADDRESS CONTAINED IN THE LICENSE AND , IF DIFFERENT, AT THE LAST20
ADDRESS FURNISHED TO THE AUTHORITY BY THE LICENSEE . EXCEPT IN THE21
CASE OF A SUMMARY SUSPENSION , A SUSPENSION MAY NOT EXCEED SIX22
MONTHS. IF A LICENSE IS SUSPENDED OR REVOKED , A PART OF THE FEES23
PAID FOR THE LICENSE ARE NOT RETURNED TO THE LICENSEE . ANY24
LICENSE, REGISTRATION, OR PERMIT MAY BE SUMMARILY SUSPENDED BY25
THE STATE LICENSING AUTHORITY WITHOUT NOTICE PENDING ANY26
PROSECUTION, INVESTIGATION, OR PUBLIC HEARING PURSUANT TO THE27
290
-67- TERMS OF SECTION 24-4-104 (4). NOTHING IN THIS SECTION PREVENTS THE1
SUMMARY SUSPENSION OF A LICENSE PURSUANT TO SECTION 24-4-104 (4).2
PART 83
JUDICIAL REVIEW4
44-50-801. Judicial review. D
ECISIONS BY THE STATE LICENSING5
AUTHORITY ARE SUBJECT TO JUDICIAL REVIEW PURSUANT TO SECTION6
24-4-106.7
PART 98
PROTECTIONS, CONSTRUCTION,9
PREEMPTION, AND SEVERABILITY10
44-50-901. Protections. (1) S
UBJECT TO THE LIMITATIONS IN THIS11
ARTICLE 50 AND ARTICLE 170 OF TITLE 12, BUT NOTWITHSTANDING ANY12
OTHER PROVISION OF LAW:13
(a) A
CTIONS AND CONDUCT PERMITTED PURSUANT TO A LICENSE ,14
REGISTRATION, OR PERMIT ISSUED BY THE STATE LICENSING AUTHORITY15
PURSUANT TO THIS ARTICLE 50, OR BY THOSE WHO ALLOW PROPERTY TO16
BE USED PURSUANT TO A LICENSE ISSUED PURSUANT TO THIS ARTICLE 50,17
ARE LAWFUL AND ARE NOT AN OFFENSE UNDER STATE LAW OR THE LAWS18
OF ANY LOCAL JURISDICTION WITHIN THE STATE ; ARE NOT SUBJECT TO A19
CIVIL FINE, PENALTY, OR SANCTION; ARE NOT A BASIS FOR DETENTION,20
SEARCH, OR ARREST; ARE NOT A BASIS TO DENY ANY RIGHT OR PRIVILEGE;21
AND ARE NOT A BASIS TO SEIZE OR FORFEIT ASSETS UNDER STATE LAW OR22
THE LAWS OF ANY LOCAL JURISDICTION WITHIN THIS STATE ;23
(b) A
CONTRACT IS NOT UNENFORCEABLE ON THE BASIS THAT24
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT , AS ALLOWED25
PURSUANT TO THIS ARTICLE 50, IS PROHIBITED BY FEDERAL LAW;26
(c) A
LICENSEE, REGISTRANT, OR PERMITTEE PURSUANT TO THIS27
290
-68- ARTICLE 50 IS NOT SUBJECT TO DISCIPLINE OR LOSS OF A PROFESSIONAL1
LICENSE OR CERTIFICATION FOR PROVIDING ADVICE OR SERVICES ARISING2
OUT OF OR RELATED TO NATURAL MEDICINE OR NATURAL MEDICINE3
PRODUCT, APPLICATIONS FOR LICENSES ON THE BASIS THAT NATURAL4
MEDICINE OR NATURAL MEDICINE PRODUCT IS PROHIBITED BY FEDERAL5
LAW, OR FOR PERSONAL USE OF NATURAL MEDICINE OR NATURAL6
MEDICINE PRODUCT AS ALLOWED PURSUANT TO THIS ARTICLE 50. THIS7
SUBSECTION (1)(c) DOES NOT PERMIT A LICENSEE , REGISTRANT, OR8
PERMITTEE TO ENGAGE IN MALPRACTICE .9
(d) M
ENTAL HEALTH CARE , SUBSTANCE USE DISORDER10
INTERVENTION, OR BEHAVIORAL HEALTH SERVICES OTHERWISE COVERED11
UNDER THE "COLORADO MEDICAL ASSISTANCE ACT", ARTICLES 4 TO 6 OF12
TITLE 25.5, MUST NOT BE DENIED ON THE BASIS THAT THEY ARE COVERED13
IN CONJUNCTION WITH NATURAL MEDICINE SERVICES , OR THAT NATURAL14
MEDICINE OR NATURAL MEDICINE PRODUCT IS PROHIBITED BY FEDERAL15
LAW. INSURANCE OR AN INSURANCE PROVIDER IS NOT REQUIRED TO COVER16
THE COST OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT .17
(e) N
OTHING IN THIS SECTION MAY BE CONSTRUED OR18
INTERPRETED TO PREVENT THE DIRECTOR FROM ENFORCING ITS RULES19
AGAINST A LICENSEE OR TO LIMIT A STATE OR LOCAL LAW ENFORCEMENT20
AGENCY'S ABILITY TO INVESTIGATE UNLAWFUL ACTIVITY IN RELATION TO21
A LICENSEE.22
44-50-902. Liberal construction. T
HIS ARTICLE 50 MUST BE23
LIBERALLY CONSTRUED TO EFFECTUATE ITS PURPOSE .24
44-50-903. Preemption. A
LOCAL JURISDICTION SHALL NOT25
ADOPT, ENACT, OR ENFORCE ANY ORDINANCE , RULE, OR RESOLUTION THAT26
ARE OTHERWISE IN CONFLICT WITH THE PROVISIONS OF THIS ARTICLE 50.27
290
-69- 44-50-904. Severability. I F ANY PROVISION OF THIS ARTICLE 50 IS1
FOUND BY A COURT OF COMPETENT JURISDICTION TO BE2
UNCONSTITUTIONAL, THE REMAINING PROVISIONS OF THIS ARTICLE 50 ARE3
VALID, UNLESS IT APPEARS TO THE COURT THAT THE VALID PROVISIONS OF4
THE STATUTE ARE SO ESSENTIALLY AND INSEPARABLY CONNECTED WITH ,5
AND SO DEPENDENT UPON , THE VOID PROVISION THAT IT CANNOT BE6
PRESUMED THAT THE GENERAL ASSEMBLY WOULD HAVE ENACTED THE7
VALID PROVISIONS WITHOUT THE VOID ONE ; OR UNLESS THE COURT8
DETERMINES THAT THE VALID PROVISIONS , STANDING ALONE, ARE9
INCOMPLETE AND ARE INCAPABLE OF BEING EXECUTED IN ACCORDANCE10
WITH THE LEGISLATIVE INTENT.11
PART 1012
SUNSET REVIEW - ARTICLE REPEAL13
44-50-1001. Sunset review - repeal of article. (1) T
HIS ARTICLE14
50
IS REPEALED, EFFECTIVE SEPTEMBER 1, 2032.15
(2) P
RIOR TO THE REPEAL OF THIS ARTICLE 50, THE DEPARTMENT16
OF REGULATORY AGENCIES SHALL CONDUCT A SUNSET REVIEW AS17
DESCRIBED IN SECTION 24-34-104 (5).18
SECTION 22. In Colorado Revised Statutes, 16-13-303, amend19
(9) as follows:20
16-13-303. Class 1 public nuisance. (9) A person acting in
21
compliance with the "Natural Medicine Health Act of 2022", article 17022
of title 12 does not violate this section IT IS NOT A VIOLATION OF THIS23
SECTION IF A PERSON IS ACTING IN COMPLIANCE WITH SECTION 18-18-434,24
ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44.25
SECTION 23. In Colorado Revised Statutes, 16-13-304, amend26
(2) as follows:27
290
-70- 16-13-304. Class 2 public nuisance. (2) A person acting in1
compliance with the "Natural Medicine Health Act of 2022", article 1702
of title 12 does not violate this section IT IS NOT A VIOLATION OF THIS3
SECTION IF A PERSON IS ACTING IN COMPLIANCE WITH SECTION 18-18-434,4
ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44.5
SECTION 24. In Colorado Revised Statutes, 18-18-403.5,6
amend (1) as follows:7
18-18-403.5. Unlawful possession of a controlled substance -8
notice to revisor of statutes - repeal. (1) Except as authorized by part9
1 or 3 of article 280 of title 12, part 2 of article 80 of title 27, section10
18-1-711, section 18-18-428 (1)(b), part 2 or 3 of this article 18, or the11
"Natural Medicine Health Act of 2022", article 170 of title 12 SECTION12
18-18-434,
ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44, it is13
unlawful for a person knowingly to possess a controlled substance.14
SECTION 25. In Colorado Revised Statutes, 18-18-404, amend15
(1)(a) as follows:16
18-18-404. Unlawful use of a controlled substance.17
(1) (a) Except as is otherwise provided for offenses concerning marijuana18
and marijuana concentrate in sections 18-18-406 and 18-18-406.5, or by
19
the "Natural Medicine Health Act of 2022", article 170 of title 12 OR FOR20
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT IN SECTION21
18-18-434,
ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44, any22
person who uses any controlled substance, except when it is dispensed by23
or under the direction of a person licensed or authorized by law to24
prescribe, administer, or dispense the controlled substance for bona fide25
medical needs, commits a level 2 drug misdemeanor.26
SECTION 26. In Colorado Revised Statutes, 18-18-405, amend27
290
-71- (1)(a) as follows:1
18-18-405. Unlawful distribution, manufacturing, dispensing,2
or sale. (1) (a) Except as authorized by part 1 of article 280 of title 12,3
part 2 of article 80 of title 27, part 2 or 3 of this article 18, or by the4
"Natural Medicine Health Act of 2022", article 170 of title 12 SECTION5
18-18-434,
ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44, it is6
unlawful for any person knowingly to manufacture, dispense, sell, or7
distribute, or to possess with intent to manufacture, dispense, sell, or8
distribute, a controlled substance; or induce, attempt to induce, or9
conspire with one or more other persons, to manufacture, dispense, sell,10
distribute, or possess with intent to manufacture, dispense, sell, or11
distribute, a controlled substance; or possess one or more chemicals or12
supplies or equipment with intent to manufacture a controlled substance.13
SECTION 27. In Colorado Revised Statutes, amend 18-18-41014
as follows:15
18-18-410. Declaration of class 1 public nuisance. Except as16
permitted by the "Natural Medicine Health Act of 2022", article 170 of
17
title 12 AUTHORIZED BY SECTION 18-18-434, ARTICLE 170 OF TITLE 12, OR18
ARTICLE 50 OF TITLE 44, any store, shop, warehouse, dwelling house,19
building, vehicle, boat, or aircraft or any place whatsoever which THAT20
is frequented by controlled substance addicts for the unlawful use of21
controlled substances or which is used for the unlawful storage,22
manufacture, sale, or distribution of controlled substances is declared to23
be a class 1 public nuisance and subject to the provisions of section24
16-13-303. C.R.S. Any real or personal property which THAT is seized or25
confiscated as a result of an action to abate a public nuisance shall be26
disposed of pursuant to part 7 of article 13 of title 16. C.R.S.27
290
-72- SECTION 28. In Colorado Revised Statutes, 18-18-411, repeal1
(5); and add (3.5) as follows:2
18-18-411. Keeping, maintaining, controlling, renting, or3
making available property for unlawful distribution or manufacture4
of controlled substances. (3.5) I
T IS NOT A VIOLATION OF THIS SECTION5
IF A PERSON IS ACTING IN COMPLIANCE WITH SECTION 18-18-434, ARTICLE6
170
OF TITLE 12, OR ARTICLE 50 OF TITLE 44.7
(5) A person acting in compliance with the "Natural Medicine
8
Health Act of 2022", article 170 of title 12 does not violate this section.9
SECTION 29. In Colorado Revised Statutes, 18-18-412.7, repeal10
(3); and add (1.5) as follows:11
18-18-412.7. Sale or distribution of materials to manufacture12
controlled substances. (1.5) I
T IS NOT A VIOLATION OF THIS SECTION IF13
A PERSON IS ACTING IN COMPLIANCE WITH SECTION 18-18-434, ARTICLE14
170
OF TITLE 12, OR ARTICLE 50 OF TITLE 44.15
(3) A person acting in compliance with the "Natural Medicine
16
Health Act of 2022", article 170 of title 12 does not violate this section.17
SECTION 30. In Colorado Revised Statutes, 18-18-430.5,18
amend (1)(c) as follows:19
18-18-430.5. Drug paraphernalia - exemption. (1) A person is20
exempt from sections 18-18-425 to 18-18-430 if the person is:21
(c) Using equipment, products, or materials in compliance with22
the "Natural Medicine Health Act of 2022", article 170 of title 1223
SECTION 18-18-434, ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44.24
The manufacture, possession, and distribution of such equipment,25
products, or materials shall be IS authorized within the meaning of 2126
U.S.C. 863 sec. (f).27
290
-73- SECTION 31. In Colorado Revised Statutes, add 18-18-434 as1
follows:2
18-18-434. Offenses relating to natural medicine and natural3
medicine product - definitions. (1) A
PERSON WHO IS UNDER4
TWENTY-ONE YEARS OF AGE WHO KNOWINGLY POSSESSES OR CONSUMES5
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT COMMITS A DRUG6
PETTY OFFENSE AND, UPON CONVICTION THEREOF, IS SUBJECT TO A FINE OF7
NOT MORE THAN ONE HUNDRED DOLLARS OR NOT MORE T HAN FOUR HOURS8
OF SUBSTANCE USE EDUCATION OR COUNSELING ; EXCEPT THAT A SECOND9
OR SUBSEQUENT CONVICTION FOR A VIOLATION OF THIS SUBSECTION (1) IS10
SUBJECT TO A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS , NOT MORE11
THAN FOUR HOURS OF SUBSTANCE USE EDUCATION OR COUNSELING , AND12
NOT MORE THAN TWENTY -FOUR HOURS OF USEFUL PUBLIC SERVICE .13
(2) A
PERSON WHO OPENLY AND PUBLICLY DISPLAYS OR CONSUMES14
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT COMMITS A DRUG15
PETTY OFFENSE AND, UPON CONVICTION THEREOF, IS SUBJECT TO A FINE OF16
NOT MORE THAN ONE HUNDRED DOLLARS AND NOT MORE THAN17
TWENTY-FOUR HOURS OF USEFUL PUBLIC SERVICE .18
(3) (a) A
PERSON WHO KNOWINGLY
CULTIVATES NATURAL19
MEDICINE THAT CUMULATIVELY EXCEEDS AN AREA OF MORE THAN20
TWELVE FEET WIDE BY TWELVE FEET LONG IN ONE OR MORE CULTIVATION21
AREAS ON THE PRIVATE PROPERTY , OR KNOWINGLY ALLOWS SUCH22
CULTIVATION ON PRIVATE PROPERTY THAT THE PERSON OWNS , OCCUPIES,23
OR CONTROLS, COMMITS A DRUG PETTY OFFENSE, AND UPON CONVICTION24
THEREOF, IS SUBJECT TO A FINE OF NOT MORE THAN ONE THOUSAND25
DOLLARS.26
(b) (I) E
XCEPT AS PROVIDED IN SUBSECTION (3)(b)(II) OF THIS
27
290
-74- SECTION, A PERSON WHO KNOWINGLY CULTIVATES NATURAL MEDICINE ON1
THE PRIVATE PROPERTY, OR KNOWINGLY ALLOWS SUCH CULTIVATION ON2
THE PRIVATE PROPERTY THAT THE PERSON OWNS , OCCUPIES, OR3
CONTROLS, COMMITS A DRUG PETTY OFFENSE , AND UPON CONVICTION4
THEREOF, IS SUBJECT TO A FINE OF NOT MORE THAN ONE THOUSAND5
DOLLARS.6
(II) IT IS NOT A VIOLATION OF THIS SUBSECTION (3)(b) IF THE7
PERSON WHO IS CULTIVATING NATURAL MEDICINE IS TWENTY -ONE YEARS8
OF AGE OR OLDER, IF THE CULTIVATION AREA IS LOCATED IN A DWELLING9
ON THE PRIVATE PROPERTY, AND:10
(A) IF A PERSON UNDER TWENTY-ONE YEARS OF AGE LIVES AT THE11
DWELLING, THE CULTIVATION AREA ITSELF IS ENCLOSED AND LOCKED ; OR12
(B) IF NO PERSON UNDER TWENTY -ONE YEARS OF AGE LIVES AT13
THE DWELLING, THE EXTERNAL LOCKS ON THE DWELLING CONSTITUTE AN14
ENCLOSED AND LOCKED SPACE , BUT IF A PERSON UNDER TWENTY -ONE15
YEARS OF AGE ENTERS THE DWELLING , THE PERSON CULTIVATING THE16
NATURAL MEDICINE SHALL ENSURE THAT ACCESS TO THE CULTIVATION17
AREA IS REASONABLY RESTRICTED FOR THE DURATION OF THE PERSON18
UNDER TWENTY-ONE YEARS OF AGE 'S PRESENCE IN THE PRIVATE19
PROPERTY.20
(c) I
T IS NOT A VIOLATION OF SUBSECTION (3)(a) OF THIS SECTION21
IF A COUNTY, MUNICIPALITY, OR CITY AND COUNTY LAW EXPRESSLY22
PERMITS THE CULTIVATION OF NATURAL MEDICINE THAT CUMULATIVELY23
EXCEEDS AN AREA OF MORE THAN TWELVE FEET WIDE BY TWELVE FEET24
LONG IN ONE OR MORE CULTIVATION AREAS ON THE PRIVATE PROPERTY25
AND THE PERSON CULTIVATES THE NATURAL MEDICINE IN AN ENCLOSED26
AND LOCKED SPACE WITHIN THE LIMIT SET BY THE COUNTY , MUNICIPALITY,27
290
-75- OR CITY AND COUNTY WHERE THE NATURAL MEDICINE IS LOCATED .1
(4) (a) I
T IS UNLAWFUL FOR A PERSON WHO IS NOT LICENSED2
PURSUANT TO ARTICLE 50 OF TITLE 44 TO KNOWINGLY MANUFACTURE3
NATURAL MEDICINE PRODUCT USING AN INHERENTLY HAZARDOUS4
SUBSTANCE.5
(b) I
T IS UNLAWFUL FOR A PERSON WHO IS NOT LICENSED6
PURSUANT TO ARTICLE 50 OF TITLE 44 WHO OWNS, MANAGES, OPERATES,7
OR OTHERWISE CONTROLS THE USE OF A PROPERTY TO KNOWINGLY ALLOW8
NATURAL MEDICINE PRODUCT TO BE MANUFACTURED ON THE PREMISES9
USING AN INHERENTLY HAZARDOUS SUBSTANCE .10
(c) A
PERSON WHO VIOLATES THIS SUBSECTION (4) COMMITS A11
LEVEL 2 DRUG FELONY.12
(5) (a)
UNLESS EXPRESSLY LIMITED BY THIS SECTION, ARTICLE 170
13
OF TITLE 12, OR ARTICLE 50 OF TITLE 44, A PERSON WHO FOR THE PURPOSE14
OF PERSONAL USE AND WITHOUT REMUNERATION , POSSESSES, CONSUMES,15
SHARES, CULTIVATES, OR MANUFACTURES NATURAL MEDICINE OR16
NATURAL MEDICINE PRODUCT , DOES NOT VIOLATE STATE LAW , OR17
COUNTY, MUNICIPALITY, OR CITY AND COUNTY ORDINANCE , RULE, OR18
RESOLUTION.19
(b) U
NLESS EXPRESSLY LIMITED BY THIS SECTION, A PERSON WHO
20
PERFORMS TESTING ON NATURAL MEDICINE OR NATURAL MEDICINE21
PRODUCT, AND POSSESSES NATURAL MEDICINE OR NATURAL MEDICINE22
PRODUCT IN CONJUNCTION THEREWITH , FOR ANOTHER PERSON WHO IS23
TWENTY-ONE YEARS OF AGE OR OLDER WHO SUBMITS FOR TESTING24
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT INTENDED FOR25
PERSONAL USE, DOES NOT VIOLATE STATE LAW , OR COUNTY ,26
MUNICIPALITY, OR CITY AND COUNTY ORDINANCE, RULE, OR RESOLUTION,27
290
-76- ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44, IF:1
(I) T
HE PERSON PERFORMING THE TESTING PROVIDES WRITTEN
2
NOTICE TO THE PERSON SUBMITTING FOR TESTING NATURAL MEDICINE OR3
NATURAL MEDICINE PRODUCT INTENDED FOR PERSONAL USE , THAT THE4
PERSON IS NOT LICENSED BY THE STATE TO CONDUCT TESTING ; AND5
(II) T
HE PERSON WHO SUBMITS FOR TESTING NATURAL MEDICINE
6
OR NATURAL MEDICINE PRODUCT PROVIDES A SIGNED STATEMENT THAT7
THE NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT IS INTENDED8
FOR PERSONAL USE ONLY.9
(c) NOTHING IN THIS SECTION PERMITS A PERSON TO:10
(I) D
ISPENSE, SELL, DISTRIBUTE, OR POSSESS WITH INTENT TO11
DISPENSE, SELL, OR DISTRIBUTE, NATURAL MEDICINE OR NATURAL12
MEDICINE PRODUCT TO A PERSON UNDER TWENTY -ONE YEARS OF AGE;13
(II) D
ISPENSE, SELL, DISTRIBUTE, OR POSSESS WITH INTENT TO14
DISPENSE, SELL, OR DISTRIBUTE, NATURAL MEDICINE OR NATURAL15
MEDICINE PRODUCT FOR REMUNERATION , EXCEPT AS PROVIDED BY16
ARTICLE 170 OF TITLE 12 AND ARTICLE 50 OF TITLE 44;17
(III) M
ANUFACTURE, CULTIVATE, POSSESS, CONSUME, USE,18
DISPENSE, OR DISTRIBUTE NATURAL MEDICINE OR NATURAL MEDICINE19
PRODUCT, OR POSSESS WITH INTENT TO MANUFACTURE , CULTIVATE,20
POSSESS, CONSUME, USE, DISPENSE, OR DISTRIBUTE NATURAL MEDICINE OR21
NATURAL MEDICINE PRODUCT FOR A PURPOSE OTHER THAN PERSONAL USE22
OR AS PROVIDED BY ARTICLE 170 OF TITLE 12 AND ARTICLE 50 OF TITLE 44;23
(IV) D
ISPENSE, DISTRIBUTE, OR POSSESS WITH INTENT TO DISPENSE24
OR DISTRIBUTE, NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT AS25
A PART OF A BUSINESS PROMOTION OR COMMERCIAL ACTIVITY , EXCEPT AS26
PROVIDED BY ARTICLE 170 OF TITLE 12 AND ARTICLE 50 OF TITLE 44; OR27
290
-77- (V) DISPENSE, SELL, OR DISTRIBUTE, OR POSSESS WITH INTENT TO1
DISPENSE, SELL, OR DISTRIBUTE, IBOGAINE OR NATURAL MEDICINE2
PRODUCT THAT CONTAINS IB OGAINE TO ANOTHER PERSON , EXCEPT AS3
PROVIDED BY ARTICLE 170 OF TITLE 12 AND ARTICLE 50 OF TITLE 44.4
(d) A PEACE OFFICER SHALL NOT ARREST A PERSON , AND A5
DISTRICT ATTORNEY SHALL NOT CHARGE OR PROSECUTE A PERSON FOR A6
CRIMINAL OFFENSE INVOLVING NATURAL MEDICINE OR NATURAL MEDICINE7
PRODUCT PURSUANT TO THIS PART 4, EXCEPT AS EXPRESSLY PROVIDED IN8
THIS SECTION.9
(e) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE10
CONTRARY, A PEACE OFFICER MAY ARREST A PERSON , OR A DISTRICT11
ATTORNEY MAY CHARGE OR PROSECUTE A PERSON FOR A CRIMINAL12
OFFENSE THAT IS NOT EXPRESSLY LAWFUL PURSUANT TO THIS SECTION13
OR ARTICLE 170 OF TITLE 12 AND ARTICLE 50 OF TITLE 44.14
(6) N
OTWITHSTANDING ANY LAW TO THE CONTRARY , AN ACTION15
THAT IS LAWFUL PURSUANT TO THIS SECTION, ARTICLE 170 OF TITLE 12, OR16
ARTICLE 50 OF TITLE 44, INDIVIDUALLY OR IN COMBINATION WITH17
ANOTHER ACTION THAT IS LAWFUL PURSUANT TO THIS SECTION , MUST NOT18
BE THE SOLE REASON TO:19
(a) S
UBJECT A PERSON TO A CIVIL FINE, PENALTY, OR SANCTION;20
(b) D
ENY A PERSON A RIGHT OR PRIVILEGE; OR21
(c) S
EIZE OR FORFEIT ASSETS.22
(7) (a) E
XCEPT AS PROVIDED IN SUBSECTION (7)(b) OF THIS23
SECTION, AN ACTION THAT IS LAWFUL PURSUANT TO THIS SECTION ,24
INDIVIDUALLY OR IN COMBINATION WITH ANOTHER ACTION THAT IS25
LAWFUL PURSUANT TO THIS SECTION , MUST NOT SOLELY BE USED AS A26
FACTOR IN A PROBABLE CAUSE
DETERMINATION OF ANY CRIMINAL27
290
-78- OFFENSE.1
(b) A
N ACTION THAT IS LAWFUL PURSUANT TO THIS SECTION MAY2
BE USED AS A FACTOR IN A PROBABLE CAUSE
DETERMINATION OF ANY3
CRIMINAL OFFENSE IF THE ORIGINAL STOP OR SEARCH WAS LAWFUL AND4
OTHER FACTORS ARE PRESENT TO SUPPORT A PROBABLE CAUSE 5
DETERMINATION OF ANY CRIMINAL OFFENSE .6
(8) T
HE FACT THAT A PERSON IS ENTITLED TO CONSUME NATURAL7
MEDICINE OR NATURAL MEDICINE PRODUCT UNDER THE LAWS OF THIS8
STATE DOES NOT CONSTITUTE A DEFENSE AGAINST ANY CHARGE FOR9
VIOLATION OF AN OFFENSE RELATED TO THE OPERATION OF A VEHICLE ,10
AIRCRAFT, BOAT, MACHINERY, OR OTHER DEVICE.11
(9) A
COUNTY, MUNICIPALITY, OR CITY AND COUNTY SHALL NOT12
ADOPT, ENACT, OR ENFORCE ANY ORDINANCE , RULE, OR RESOLUTION13
IMPOSING ANY GREATER CRIMINAL OR CIVIL PENALTY THAN PROVIDED BY14
THIS SECTION OR THAT IS OTHERWISE IN CONFLICT WITH THIS SECTION .15
(10) N
OTHING IN THIS SECTION PROHIBITS A PERSON OR ANY16
ENTITY WHO OCCUPIES , OWNS, OR CONTROLS A PROPERTY FROM17
PROHIBITING OR OTHERWISE REGULATING THE CULTIVATION OR18
MANUFACTURE OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT19
ON OR IN THAT PROPERTY.20
(11) N
OTWITHSTANDING ANY OTHER LAW TO THE CONTRARY , THE
21
OFFENSES PROVIDED FOR IN THIS SECTION DO NOT APPLY TO A PERSON22
POSSESSING, DISPLAYING, CULTIVATING, PURCHASING, OR SELLING A23
LIVING PLANT FOR ORNAMENTAL PURPOSES ONLY THAT WAS COMMONLY24
AND LAWFULLY SOLD PRIOR TO THE EFFECTIVE DATE OF THIS SECTION . FOR25
PURPOSES OF THIS SECTION, A "LIVING PLANT" DOES NOT INCLUDE26
MUSHROOMS OR OTHER FUNGAL MATTER .27
290
-79- (12) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE1
REQUIRES:2
(a) "I
NHERENTLY HAZARDOUS SUBSTANCE " MEANS ANY LIQUID3
CHEMICAL, COMPRESSED GAS, OR COMMERCIAL PRODUCT THAT HAS A4
FLASH POINT AT OR LOWER THAN THIRTY-EIGHT DEGREES CELSIUS OR ONE5
HUNDRED DEGREES FAHRENHEIT , INCLUDING BUTANE, PROPANE, AND6
DIETHYL ETHER, AND EXCLUDING ALL FORMS OF ALCOHOL AND ETHANOL .7
(b) (I) "N
ATURAL MEDICINE" MEANS THE FOLLOWING8
SUBSTANCES:9
(A) D
IMETHYLTRYPTAMINE;10
(B) M
ESCALINE;11
(C) I
BOGAINE;12
(D) P
SILOCYBIN; OR13
(E) P
SILOCYN.14
(II) "N
ATURAL MEDICINE" DOES NOT MEAN A SYNTHETIC OR15
SYNTHETIC ANALOG OF THE SUBSTANCES LISTED IN THIS SUBSECTION16
(12)(b),
INCLUDING A DERIVATIVE OF A NATURALLY OCCURRING17
COMPOUND OF NATURAL MEDICINE THAT IS PRODUCED USING CHEMICAL18
SYNTHESIS, CHEMICAL MODIFICATION, OR CHEMICAL CONVERSION.19
(III) N
OTWITHSTANDING SUBSECTION (12)(b)(I)
OF THIS SECTION,20
"
MESCALINE" DOES NOT INCLUDE PEYOTE, MEANING ALL PARTS OF THE21
PLANT CLASSIFIED BOTANICALLY AS LOPHOPHORA WILLIAMSII LEMAIRE ,22
WHETHER GROWING OR NOT ; ITS SEEDS; ANY EXTRACT FROM ANY PART OF23
THE PLANT, AND EVERY COMP OUND , SALT, DERIVATIVE, MIXTURE, OR24
PREPARATION OF THE PLANT; OR ITS SEEDS OR EXTRACTS.25
(c) "N
ATURAL MEDICINE PRODUCT " MEANS A PRODUCT INFUSED26
WITH NATURAL MEDICINE THAT IS INTENDED FOR CONSUMPTION .27
290
-80- (d) "PERSONAL USE" MEANS THE CONSUMPTION OR USE OF1
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT ; OR THE AMOUNT OF2
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT A PERSON MAY3
LAWFULLY POSSESS, CULTIVATE, OR MANUFACTURE THAT IS NECESSARY4
TO SHARE WITH ANOTHER PERSON WHO IS TWENTY -ONE YEARS OF AGE OR5
OLDER WITHIN THE CONTEXT OF COUNSELING , SPIRITUAL GUIDANCE,6
BENEFICIAL COMMUNITY-BASED USE AND HEALING, SUPPORTED USE, OR7
RELATED SERVICES. "PERSONAL USE" DOES NOT MEAN THE SALE OF8
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT FOR9
REMUNERATION; THE POSSESSION, CULTIVATION, OR MANUFACTURE OF10
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT WITH INTENT TO11
SELL THE NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT FOR12
REMUNERATION; OR THE POSSESSION, CULTIVATION, MANUFACTURE, OR13
DISTRIBUTION OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT14
FOR BUSINESS OR COMMERCIAL PURPOSES , EXCEPT AS PROVIDED BY15
ARTICLE 170 OF TITLE 12 AND ARTICLE 50 OF TITLE 44. NOTHING IN THIS16
SECTION PRECLUDES REMUNERATION FOR BONA FIDE HARM REDUCTION17
SERVICES OR BONA FIDE SUPPORT SERVICES USED CONCURRENTLY WITH18
THE SHARING OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT ,19
PROVIDED THAT THERE IS NO ADVERTISEMENT RELATED TO THE SHARING20
OF NATURAL MEDICINE, NATURAL MEDICINE PRODUCT , OR THE SERVICES21
PROVIDED.22
(e) "P
RIVATE PROPERTY" MEANS A DWELLING, ITS CURTILAGE, AND23
A STRUCTURE WITHIN THE CURTILAGE THAT IS BEING USED BY A NATURAL24
PERSON OR NATURAL PERSONS FOR HABITATION AND THAT IS NOT OPEN TO25
THE PUBLIC.26
(f) "R
EMUNERATION" MEANS ANYTHING OF VALUE , INCLUDING27
290
-81- MONEY, REAL PROPERTY , TANGIBLE AND INTANGIBLE PERSONAL1
PROPERTY, CONTRACT RIGHT, CHOSE IN ACTION, SERVICE, ANY RIGHT OF2
USE OR EMPLOYMENT OR PROM ISE OR AGREEMENT CONNECTED3
THEREWITH, BUSINESS PROMOTION, OR COMMERCIAL ACTIVITY.4
SECTION 32. In Colorado Revised Statutes, add 10-16-158 as5
follows:6
10-16-158. Prohibition on discrimination for coverage based7
solely on natural medicine consumption - definitions. (1) A
CARRIER8
THAT OFFERS, ISSUES, OR RENEWS A HEALTH BENEFIT PLAN SHALL NOT ,9
SOLELY ON THE BASIS OF A PERSON'S CONSUMPTION OF NATURAL MEDICINE10
OR NATURAL MEDICINE PRODUCT :11
(a) D
ECLINE OR LIMIT COVERAGE OF A PERSON; OR12
(b) P
ENALIZE A COVERED PERSON OR REDUCE OR LIMIT COVERAGE13
FOR A PERSON.14
(2) A
CARRIER THAT OFFERS, ISSUES, OR RENEWS A HEALTH15
BENEFIT PLAN THAT PROVIDES COVERAGE FOR ANATOMICAL GIFTS , ORGAN16
TRANSPLANTS, OR RELATED TREATMENTS OR SERVICES SHALL NOT ,17
SOLELY ON THE BASIS OF A COVERED PERSON'S CONSUMPTION OF NATURAL18
MEDICINE OR NATURAL MEDICINE PRODUCT :19
(a) D
ENY COVERAGE TO A COVERED PERSON FOR AN ORGAN20
TRANSPLANT OR RELATED TREATMENT OR SERVICES ;21
(b) D
ECLINE OR LIMIT COVERAGE OF A COVERED PERSON SOLELY22
FOR THE PURPOSE OF AVOIDING THE REQUIREMENTS OF THIS SECTION ; OR23
(c) P
ENALIZE A COVERED PERSON OR REDUCE OR LIMIT COVERAGE24
FOR A COVERED PERSON FOR HEALTH-CARE SERVICES RELATED TO ORGAN25
TRANSPLANTATION, AS DETERMINED IN CONSULTATION WITH THE26
ATTENDING PHYSICIAN AND THE COVERED PERSON OR THE COVERED27
290
-82- PERSON'S REPRESENTATIVE.1
(3) T
HIS SECTION DOES NOT REQUIRE A HEALTH BENEFIT PLAN TO2
PROVIDE COVERAGE FOR THE DONATION OF AN ANATOMICAL GIFT , AN3
ORGAN TRANSPLANT, OR RELATED TREATMENT OR SERVICES .4
(4) F
OR THE PURPOSES OF THIS SECTION, UNLESS THE CONTEXT5
OTHERWISE REQUIRES:6
(a) "A
NATOMICAL GIFT" MEANS THE DONATION OF PART OF A7
HUMAN BODY FOR THE PURPOSE OF TRANSPLANTATION TO ANOTHER8
PERSON.9
(b) (I) "N
ATURAL MEDICINE" MEANS THE FOLLOWING10
SUBSTANCES:11
(A) D
IMETHYLTRYPTAMINE;12
(B) M
ESCALINE;13
(C) I
BOGAINE;14
(D) P
SILOCYBIN; OR15
(E) P
SILOCYN.16
(II) "N
ATURAL MEDICINE" DOES NOT MEAN A SYNTHETIC OR17
SYNTHETIC ANALOG OF THE SUBSTANCES LISTED IN THIS SUBSECTION18
(4)(b),
INCLUDING A DERIVATIVE OF A NATURALLY OCCURRING COMPOUND19
OF NATURAL MEDICINE THAT IS PRODUCED USING CHEMICAL SYNTHESIS ,20
CHEMICAL MODIFICATION, OR CHEMICAL CONVERSION.21
(c) "N
ATURAL MEDICINE PRODUCT " MEANS A PRODUCT INFUSED22
WITH NATURAL MEDICINE THAT IS INTENDED FOR CONSUMPTION .23
SECTION 33. In Colorado Revised Statutes, 19-2.5-103, amend
24
(1)(a)(I) and (5) as follows:25
19-2.5-103. Jurisdiction. (1) Except as otherwise provided by26
law, the juvenile court has exclusive original jurisdiction in proceedings:27
290
-83- (a) Concerning any juvenile ten years of age or older who has1
violated:2
(I) Any federal or state law, except nonfelony state traffic, game3
and fish, and parks and recreation laws or rules; the offense specified in4
section 18-13-122, concerning the illegal possession or consumption of5
ethyl alcohol or marijuana by an underage person or illegal possession of6
marijuana paraphernalia by an underage person; the offenses specified in7
section 18-18-406 (5)(b)(I) and (5)(b)(II), concerning marijuana and8
marijuana concentrate;
THE OFFENSES SPECIFIED IN SECTION 18-18-434
9
CONCERNING NATURAL MEDICINE AND NATURAL MEDICINE PRODUCT ; and10
the civil infraction in section 18-7-109 (3), concerning exchange of a11
private image by a juvenile;12
(5) Notwithstanding any other provision of this section to the13
contrary, the juvenile court and the county court have concurrent14
jurisdiction over a juvenile who is under eighteen years of age and who15
is charged with a violation of section 18-13-122, 18-18-406 (5)(b)(I) and16
(5)(b)(II), 18-18-428, 18-18-429, 18-18-430, 18-18-434, or 42-4-1301;17
except that, if the juvenile court accepts jurisdiction over such a juvenile,18
the county court jurisdiction terminates.19
SECTION 34. In Colorado Revised Statutes, 19-3-103, add (4)20
as follows:21
19-3-103. Child not neglected - when. (4) (a) A
PERSON WHO22
PERFORMS OR HAS PERFORMED AN ACTION THAT IS LAWFUL PURSUANT TO23
SECTION 18-18-434, ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 4424
DOES NOT, BY ITSELF, CONSTITUTE CHILD ABUSE OR NEGLECT BY A PARENT25
OR LEGAL GUARDIAN FOR PURPOSES OF THIS ARTICLE 3.26
(b) T
HE COURT SHALL NOT RESTRICT OR PROHIBIT FAMILY TIME, OR27
290
-84- DETERMINE THAT FAMILY TIME IS NOT IN THE CHILD 'S BEST INTERESTS,1
BASED SOLELY ON THE FACT THAT A PERSON PERFORMS OR HAS2
PERFORMED AN ACTION THAT IS LAWFUL PURSUANT TO SECTION3
18-18-434,
ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44, UNLESS4
THE COURT FINDS THAT FAMILY TIME WOULD ENDANGER THE CHILD 'S5
PHYSICAL HEALTH OR SIGNIFICANTLY IMPAIR THE CHILD 'S EMOTIONAL6
DEVELOPMENT.7
SECTION 35.
In Colorado Revised Statutes, 24-72-706, amend8
(1)(h); and add (1)(f.5) as follows:9
24-72-706. Sealing of criminal conviction and criminal justice10
records - processing fee. (1) Sealing of conviction records.11
(f.5) (I) N
OTWITHSTANDING ANY PROVISION OF THIS PART 7 TO THE12
CONTRARY, IF A MOTION IS FILED FOR THE SEALING OF A CIVIL INFRACTION,13
A PETTY OFFENSE, A PETTY DRUG OFFENSE, A DRUG MISDEMEANOR, OR A14
DRUG FELONY FOR AN OFFENSE THAT WAS UNLAWFUL AT THE TIME OF15
CONVICTION, BUT IS AN ACT THAT IS NOT UNLAWFUL PURSUANT TO16
SECTION 18-18-434, THE COURT SHALL ORDER THE RECORDS SEALED17
AFTER THE MOTION IS FILED AND THE CRIMINAL HISTORY FILED WITH THE18
COURT DOCUMENTS TO THE COURT THAT THE DEFENDANT HAS NOT BEEN19
CONVICTED OF AN OFFENSE SINCE THE DATE OF THE FINAL DISPOSITION OF20
ALL PROCEEDINGS AGAINST THE DEFENDANT OR SINCE THE DATE OF THE21
DEFENDANT'S RELEASE FROM SUPERVISION, WHICHEVER IS LATER.22
(II) I
F A MOTION IS FILED FOR THE SEALING OF AN OFFENSE23
DESCRIBED IN THIS SUBSECTION (1)(f.5), THE DEFENDANT SHALL PROVIDE24
NOTICE OF THE MOTION TO THE DISTRICT ATTORNEY . THE DISTRICT25
ATTORNEY SHALL DETERMINE WHETHER TO OBJECT TO THE MOTION AFTER26
CONSIDERING THE FACTORS LISTED IN SUBSECTION (1)(g) OF THIS SECTION.27
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-85- IF THE DISTRICT ATTORNEY DOES NOT OBJECT , THE COURT MAY GRANT1
THE MOTION WITH OR WITHOUT THE BENEFIT OF A HEARING . IF THE2
DISTRICT ATTORNEY OBJECTS TO THE MOTION , THE COURT SHALL SET THE3
MATTER FOR HEARING. THE COURT MAY ONLY SEAL THE RECORDS IF THE4
CRIMINAL HISTORY FILED WITH THE MOTION AS REQUIRED BY SUBSECTION5
(1)(c)
OF THIS SECTION DOCUMENTS TO THE COURT THAT THE DEFENDANT6
HAS NOT BEEN CONVICTED OF A CRIMINAL OFFENSE SINCE THE DATE OF7
THE FINAL DISPOSITION OF ALL CRIMINAL PROCEEDINGS AGAINST THE8
DEFENDANT OR SINCE THE DATE OF THE DEFENDANT 'S RELEASE FROM9
SUPERVISION, WHICHEVER IS LATER. THE COURT SHALL DECIDE THE10
MOTION AFTER CONSIDERING THE POSITION OF THE DISTRICT ATTORNEY11
AND THE FACTORS LISTED IN SUBSECTION (1)(g) OF THIS SECTION.12
(h) A defendant who files a motion to seal criminal justice records13
pursuant to this section shall pay a processing fee of sixty-five dollars to14
cover the actual costs related to the sealing of the criminal justice records.15
The defendant shall pay to the Colorado bureau of investigation any costs16
related to the sealing of the defendant's criminal justice records in the17
custody of the bureau. The court shall waive the processing fee upon a18
determination that:19
(I) The defendant is indigent; or
20
(II) The defendant's records should have been automatically21
sealed pursuant to section 13-3-117, 24-72-704, or 24-72-705;
OR22
(III) T
HE DEFENDANT FILED A MOTION TO SEAL PURSUANT TO23
SUBSECTION (1)(f.5) OF THIS SECTION.24
SECTION 36.
In Colorado Revised Statutes, add 24-76.5-104 as25
follows:26
24-76.5-104. Natural medicine consumption consideration27
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-86- prohibited - exception. C ONSIDERATION OF WHETHER A PERSON1
PERFORMS OR HAS PERFORMED AN ACTION THAT IS LAWFUL PURSUANT TO2
SECTION 18-18-434, ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 443
IS NOT A REQUIREMENT FOR ELIGIBILITY FOR A PUBLIC ASSISTANCE4
PROGRAM, UNLESS CONSIDERATION IS REQUIRED PURSUANT TO FEDERAL5
LAW.6
SECTION 37. In Colorado Revised Statutes, add 25-56-104.5 as7
follows:8
25-56-104.5. Prohibition on discrimination for organ9
transplants based solely on natural medicine consumption -10
applicability. (1) T
HIS ARTICLE 56 APPLIES TO ALL STAGES OF THE ORGAN11
TRANSPLANT PROCESS.12
(2) A
COVERED ENTITY SHALL NOT, SOLELY ON THE BASIS OF A13
PERSON'S CONSUMPTION OF NATURAL MEDICINE OR NATURAL MEDICINE14
PRODUCT:15
(a) C
ONSIDER THE INDIVIDUAL INELIGIBLE TO RECEIVE AN16
ANATOMICAL GIFT OR ORGAN TRANSPLANT ;17
(b) D
ENY MEDICAL SERVICES OR OTHER SERVICES RELATED TO18
ORGAN TRANSPLANTATION , INCLUDING DIAGNOSTIC SERVICES ,19
EVALUATION, SURGERY, COUNSELING, AND POST-OPERATIVE TREATMENT20
AND SERVICES;21
(c) R
EFUSE TO REFER THE INDIVIDUAL TO A TRANSPLANT CENTER22
OR OTHER RELATED SPECIALIST FOR THE PURPOSE OF BEING EVALUATED23
FOR OR RECEIVING AN ORGAN TRANSPLANT ;24
(d) R
EFUSE TO PLACE A QUALIFIED RECIPIENT ON AN ORGAN25
TRANSPLANT WAITING LIST; OR26
(e) P
LACE A QUALIFIED RECIPIENT ON AN ORGAN TRANSPLANT27
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WHICH THE PERSON WOULD HAVE BEEN PLACED IF THE PERSON DID NOT2
CONSUME NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT .3
(3) N
OTWITHSTANDING SUBSECTION (2) OF THIS SECTION, A4
COVERED ENTITY MAY TAKE A PERSON 'S CONSUMPTION OF NATURAL5
MEDICINE OR NATURAL MEDICINE PRODUCT INTO ACC OUNT WHEN MAKING6
TREATMENT OR COVERAGE RECOMMENDATIONS OR DECISIONS , SOLELY TO7
THE EXTENT THAT THE NATURAL MEDICINE OR NATURAL MEDICINE8
PRODUCT CONSUMPTION HAS BEEN FOUND BY A PHYSICIAN OR SURGEON ,9
FOLLOWING AN INDIVIDUALIZED EVALUATION OF THE PERSON , TO BE10
MEDICALLY SIGNIFICANT TO THE PROVISION OF THE ANATOMICAL GIFT OR11
ORGAN TRANSPLANT.12
(4) A
COVERED ENTITY SHALL:13
(a) M
AKE REASONABLE MODIFICATIONS TO ITS POLICIES ,14
PRACTICES, AND PROCEDURES TO ALLOW A PERSON WHO CONSUMES15
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT ACCESS TO16
TRANSPLANTATION-RELATED SERVICES, INCLUDING DIAGNOSTIC SERVICES,17
SURGERY, COVERAGE, POST-OPERATIVE TREATMENT, AND COUNSELING,18
UNLESS THE COVERED ENTITY DEMONSTRATES THAT MAKING SUCH19
MODIFICATIONS WOULD FUNDAMENTALLY ALTER THE NATURE OF THE20
SERVICES PROVIDED; AND21
(b) T
AKE REASONABLE AND NECESSARY STEPS TO ENSURE THAT A22
PERSON'S CONSUMPTION OF NATURAL MEDICINE OR NATURAL MEDICINE23
PRODUCT IS NOT THE REASON THE PERSON IS DENIED MEDICAL SERVICES24
OR OTHER SERVICES RELATED TO ORGAN TRANSPLANTATION , INCLUDING25
DIAGNOSTIC SERVICES, SURGERY, POST-OPERATIVE TREATMENT , OR26
COUNSELING, DUE TO THE ABSENCE OF AUXILIARY AIDS OR SERVICES ,27
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-88- UNLESS THE COVERED ENTITY DEMONSTRATES THAT TAKING SUCH STEPS1
WOULD FUNDAMENTALLY ALTER THE NATURE OF THE MEDICAL SERVICES2
OR OTHER SERVICES RELATED TO ORGAN TRANSPLANTATION OR WOULD3
RESULT IN AN UNDUE BURDEN FOR THE COVERED ENTITY .4
(5) N
OTHING IN THIS ARTICLE 56 REQUIRES A COVERED ENTITY TO5
MAKE A REFERRAL OR RECOMMENDATION FOR OR PERFORM A MEDICALLY6
INAPPROPRIATE ORGAN TRANSPLANT .7
SECTION 38.
In Colorado Revised Statutes, 35-36-102, amend8
(14)(b) as follows:9
35-36-102. Rules - definitions. As used in this article 36, unless10
the context otherwise requires:11
(14) (b) "Farm products" does not include poultry and poultry12
products, timber products, nursery stock, commodities, or marijuana, OR13
NATURAL MEDICINE AS DEFINED IN SECTION 12-170-104 (11).14
SECTION 39. In Colorado Revised Statutes, 39-22-104, add15
(4)(r.5) as follows:16
39-22-104. Income tax imposed on individuals, estates, and17
trusts - single rate - report - legislative declaration - definitions -18
repeal. (4) There shall be subtracted from federal taxable income:19
(r.5) F
OR INCOME TAX YEARS COMMENCING ON OR AFTER20
J
ANUARY 1, 2024, IF A TAXPAYER IS LICENSED PURSUANT TO THE21
"C
OLORADO NATURAL MEDICINE CODE", ARTICLE 50 OF TITLE 44, AN22
AMOUNT EQUAL TO ANY EXPENDITURE THAT IS ELIGIBLE TO BE CLAIMED23
AS A FEDERAL INCOME TAX DEDUCTION BUT IS DISALLOWED BY SECTION24
280E
OF THE INTERNAL REVENUE CODE BECAUSE NATURAL MEDICINE IS A25
CONTROLLED SUBSTANCE UNDER FEDERAL LAW ;26
SECTION 40.
In Colorado Revised Statutes, 39-22-304, add27
290
-89- (3)(m.5) as follows:1
39-22-304. Net income of corporation - legislative declaration2
- definitions - repeal. (3) There shall be subtracted from federal taxable3
income:4
(m.5) F
OR INCOME TAX YEARS COMMENCING ON OR AFTER5
J
ANUARY 1, 2024, IF A TAXPAYER IS LICENSED PURSUANT TO THE6
"C
OLORADO NATURAL MEDICINE CODE", ARTICLE 50 OF TITLE 44, AN7
AMOUNT EQUAL TO ANY EXPENDITURE THAT IS ELIGIBLE TO BE CLAIMED8
AS A FEDERAL INCOME TAX DEDUCTION BUT IS DISALLOWED BY SECTION9
280E
OF THE INTERNAL REVENUE CODE BECAUSE NATURAL MEDICINE IS A10
CONTROLLED SUBSTANCE UNDER FEDERAL LAW ;11
SECTION
41. Appropriation. (1) For the 2023-24 state fiscal12
year, $733,658 General Fund is appropriated to the department of13
revenue. To implement this act, the department may use this appropriation14
as follows:15
(a) $536,826 for marijuana enforcement, which amount is based16
on an assumption that the department will require an additional 4.7 FTE;17
(b) $6,500 for tax administration IT system (GenTax) support; and18
(c) $190,332 for the purchase of legal services.19
(2) For the 2023-24 state fiscal year, $190,332 is appropriated to20
the department of law. This appropriation is from reappropriated funds21
received from the department of revenue under subsection (1)(c) of this22
section and is based on an assumption that the department of law will23
require an additional 1.0 FTE. To implement this act, the department of24
law may use this appropriation to provide legal services for the25
department of revenue.26
(3) For the 2023-24 state fiscal year, $101,150 is appropriated to27
290
-90- the department of law. This appropriation is from the legal services cash1
fund created in section 24-31-108 (4), C.R.S., from revenue received2
from the department of regulatory agencies that is continuously3
appropriated to the department of regulatory agencies from the regulated4
natural medicine access program fund created in section 12-170-106 (1),5
C.R.S. The appropriation to the department of law is based on an6
assumption that the department of law will require an additional 0.5 FTE.7
To implement this act, the department of law may use this appropriation8
to provide legal services for the department of regulatory agencies.9
(4) For the 2023-24 state fiscal year, $838,402 General Fund is10
appropriated to the department of public health and environment for use11
by the division of disease control and public health response. This12
appropriation is based on an assumption that division will require an13
additional 4.1 FTE. To implement this act, the division may use this14
appropriation for the natural medicine program related to laboratory15
services.16
SECTION 42. Effective date. This act takes effect July 1, 2023,17
and applies to offenses committed on or after July 1, 2023.18
SECTION 43. Safety clause. The general assembly hereby finds,19
determines, and declares that this act is necessary for the immediate20
preservation of the public peace, health, or safety.21
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