(1) The provisions of section 18-18-414, C.R.S., do not apply to:
Agents of persons licensed under this part 2 or under part 3 of article 18 of title 18,C.R.S., acting within the provisions of their licenses; or
Officers or employees of appropriate agencies of federal, state, or local governmentsacting pursuant to their official duties.
All combination drugs that are exempted by regulation of the attorney general of theUnited States department of justice, pursuant to section 1006 (b) of Public Law 91-513 (84 Stat. 1236), known as the "Comprehensive Drug Abuse Prevention and Control Act of 1970", on or after July 1, 1981, are exempt from this part 2 and part 3 of article 18 of title 18, C.R.S.
This part 2 does not apply to peyote if it is used in religious ceremonies of any bonafide religious organization.
Section 27-80-210 does not apply to a practitioner authorized to prescribe any controlled substance that is listed in schedules III, IV, or V of part 2 of article 18 of title 18, C.R.S., and that is manufactured, received, or dispensed by the practitioner in the course of his or her professional practice, unless:
The practitioner dispenses, other than by direct administration, a schedule III, IV, orV controlled substance to his or her patients, and the practitioner charges the patients either separately or together with charges for other professional services; or
The practitioner regularly engages in dispensing a schedule III, IV, or V controlledsubstance to his or her patients.
The exemptions set forth in this section are available as a defense to any personaccused of violating section 18-18-414, C.R.S.
The state is not required to negate any exemption or exception in this part 2 or in part3 or 4 of article 18 of title 18, C.R.S., in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this part 2 or under part 4 of article 18 of title 18, C.R.S. The burden of proving an exemption or exception is upon the person claiming the exemption or exception.
Source: L. 2012: Entire part added with relocations, (SB 12-1311), ch. 281, p. 1605, § 5, effective July 1.
Editor's note: This section is similar to former § 12-22-317 as it existed prior to 2012.