Definitions

27-80-203. Definitions. As used in this part 2, unless the context otherwise requires: (1) and (2) Repealed. (3) Administer means to apply a controlled substance, whether by injection, inhalation, ingestion, or any other means, directly to the body of a patient. (4) Agent means an authorized person who acts on behalf of or at the direction of a person licensed or otherwise authorized under this part 2. Agent does not include a common or contract carrier, a public warehouseman, or an employee of a carrier or warehouseman. (5) Bureau means the drug enforcement administration, or its successor agency, of the United States department of justice. (6) (a) Compound means to prepare, mix, assemble, package, or label a drug or device: (I) As the result of a practitioner's prescription drug order, chart order, or initiative, based on the relationship between the practitioner, patient, and pharmacist in the course of professional practice; or (II) For the purpose of, or as an incident to, teaching or chemical analysis and not for sale or dispensing. (b) Compound also includes the preparation of drugs or devices in anticipation of prescription drug orders based on routine, regularly observed prescribing patterns. (7) Controlled substance shall have the same meaning as in section 18-18-102 (5), C.R.S. (8) Deliver or delivery means actual, constructive, or attempted transfer of a controlled substance whether or not there is an agency relationship. (9) Detoxification treatment means a program for a short term of not more than three weeks for the administering or dispensing, in decreasing doses, of a controlled substance to a person with a substance use disorder while he or she is receiving appropriate supportive medical treatment, with the immediate goal being to render the person no longer dependent on the intake of any amount of a controlled substance. (10) Device means an instrument, apparatus, implement, machine, contrivance, implant, or similar or related article that is required under federal law to bear the label, Caution: federal law requires dispensing by or on the order of a physician. Device also includes any component part of, or accessory or attachment to, any such article, whether or not the component part, accessory, or attachment is separately so labeled. (11) Dispense means to interpret, evaluate, and implement a prescription drug or controlled substances order or chart order, including the preparation of a drug or device for a patient or patient's agent in a suitable container appropriately labeled for subsequent administration to or use by a patient. (12) Distribute means to deliver a controlled substance other than by administering or dispensing. (13) (a) Drug means any of the substances: (I) Recognized as drugs in the official United States pharmacopoeia, national formulary, or the official homeopathic pharmacopoeia of the United States, or a supplement thereof; (II) Intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in individuals or animals; (III) Other than food, intended to affect the structure or any function of the body of individuals or animals; or (IV) Intended for use as a component of any substance specified in subparagraph (I), (II), or (III) of this paragraph (a). (b) Drug does not include devices or their components, parts, or accessories. (14) Maintenance treatment means a program of more than six months' duration for the administering or dispensing of a controlled substance, approved for such use by federal law or regulation, to a person with a substance use disorder for the purpose of continuing his or her dependence upon a controlled substance in the course of conducting an authorized rehabilitation program for persons with substance use disorders, with a long-term goal of decreasing the person's controlled substance dependency and leading to his or her possible withdrawal. (15) Marijuana means all parts of the plant cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin. It does not include fiber produced from the stalks, oil or cake made from the seeds of the plant, or sterilized seed of the plant that is incapable of germination, if these items exist apart from any other item defined as marijuana in this subsection (15). Marijuana does not include marijuana concentrate as defined in subsection (16) of this section. (16) Marijuana concentrate means hashish, tetrahydrocannabinols, or any alkaloid, salt, derivative, preparation, compound, or mixture, whether natural or synthesized, of tetrahydrocannabinols. (16.5) Opioid treatment program means a treatment program licensed pursuant to this part 2 and certified as an opioid treatment program by the federal substance abuse and mental health services administration pursuant to the rules of the federal department of health and human services and the federal drug enforcement administration, to provide medication-assisted treatment for people diagnosed with an opioid-use disorder. (17) Peace officer shall have the same meaning as set forth in section 16-2.5-101, C.R.S. (18) Person means any individual, government, governmental subdivision, agency, business trust, estate, trust, partnership, corporation, association, institution, or other legal entity. (19) Peyote means all parts of the plant presently classified botanically as lophophora williamsii lemaire, whether growing or not, the seeds thereof, any extraction from any part of such plant, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds or extracts. (20) Practitioner means a person authorized by law to prescribe any drug or device, acting within the scope of such authority. (21) Prescription drug means a drug that, prior to being dispensed or delivered, is required to be labeled with the following statement: Caution: Federal law prohibits dispensing without a prescription., Rx only, or Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian. (22) Production or produces means the manufacturing, planting, cultivating, growing, or harvesting of a controlled substance. (23) Repealed. (23.3) Substance use disorder means a physical or psychological dependence on a controlled substance that develops following the use of the controlled substance on a periodic or continuing basis and is demonstrated by appropriate observation and tests by a person licensed to practice medicine pursuant to article 240 of title 12. (23.5) Substance use disorder treatment program means a program licensed pursuant to this part 2 for the detoxification, withdrawal, or maintenance treatment of a person with a substance use disorder. Substance use disorder treatment program includes an opioid treatment program. (24) (a) Tetrahydrocannabinols means synthetic equivalents of the substances contained in the plant, or in the resinous extractives of, cannabis, sp., or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity, such as the following: (I) 1cis or trans tetrahydrocannabinol, and their optical isomers; (II) 6cis or trans tetrahydrocannabinol, and their optical isomers; (III) 3,4cis or trans tetrahydrocannabinol, and their optical isomers. (b) Since the nomenclature of the substances listed in paragraph (a) of this subsection (24) is not internationally standardized, compounds of these structures, regardless of the numerical designation of atomic positions, are included in this definition. (25) Withdrawal treatment means a program for an intermediate term, of more than three weeks but less than six months, for the administering or dispensing, in decreasing doses, of a controlled substance, approved for such use by federal law or regulation, to a person with a substance use disorder while receiving rehabilitative measures as indicated, with the immediate goal being to render the person with the substance use disorder no longer dependent on the intake of any amount of a controlled substance. Source: L. 2012: Entire part added with relocations, (SB 12-1311), ch. 281, p. 1596, � 5, effective July 1. L. 2017: (1) and (2) repealed, (9), (14), and (25) amended, and (23.3) and (23.5) added, (SB 17-242), ch. 266, p. 1360, � 263, effective May 25. L. 2019: (3), (6)(a)(II), and (23.5) amended, (16.5) added, and (23) repealed, (SB 19-219), ch. 277, p. 2613, � 2, effective August 2; (23.3) amended, (HB 19-1172), ch. 136, p. 1714, � 201, effective October 1. Editor's note: This section is similar to former � 12-22-303 and � 12-22-102 as they existed prior to 2012. Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.