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Exemption for FDA-Approved Prescription Drugs Containing Schedule I Controlled Substances

Detected April 3rd, 2026

Summary

Colorado Senate Bill SB26-031 proposes to exempt FDA-approved prescription drug products containing Schedule I controlled substances from state Schedule I classification. The exemption applies when the product is designated or rescheduled by the DEA and dispensed by licensed pharmacies or administered by physicians to authorized individuals.

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What changed

Colorado SB26-031 would create a new exemption from Schedule I classification for prescription drug products containing Schedule I controlled substances, provided the product is FDA-approved for prescription use and designated or rescheduled by the DEA. The product must be dispensed by a pharmacy or prescribed drug outlet, or administered by a physician, and possessed by a person authorized to possess controlled substances. The bill requires Colorado to control the product in the same manner as the DEA. Critically, the bill explicitly excludes natural medicine and natural medicine products from its provisions.

Healthcare providers and pharmacies should monitor the bill's progress through the Senate and House Health & Human Services committees. If enacted, the exemption would take effect upon the DEA's designation or rescheduling action, meaning affected parties should track federal DEA scheduling decisions. Pharmaceutical manufacturers seeking to market Schedule I-based prescription products in Colorado would benefit from understanding these new pathways.

What to do next

Monitor SB26-031 progress through Colorado legislative process
Track DEA scheduling designations for FDA-approved prescription products containing Schedule I substances
Review dispensing and administration protocols if bill is enacted

Source document (simplified)

SB26-031

Use of Prescription Product with Controlled Substance

| Type | Bill |
| --- | --- |
| Session | 2026 Regular Session |
| Subjects | Crimes, Corrections, & Enforcement |
Concerning the lawful use of a prescription drug product containing a schedule I controlled substance.

Recent Bill (PDF) Recent Fiscal Note (PDF) Bill Summary:

The bill exempts from schedule I a prescription drug product containing the schedule I controlled substance (product) if the product is:

Approved for prescription use by the United States food and drug administration; ~~and~~
Designated or rescheduled by the United States drug enforcement agency (DEA);
Dispensed by a pharmacy or prescription drug outlet, or administered by a physician; and
Possessed by a person who is authorized to possess a controlled substance. The exemption applies upon the DEA's designation or rescheduling.

The bill requires that the product be controlled in Colorado in the same manner as the product is controlled by the DEA and state law.

The bill clarifies that its provisions do not apply to or affect the regulation of or lawful actions or conduct concerning natural medicine or natural medicine product.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Prime Sponsors

Senator

William Lindstedt
Senator

Janice Rich
Representative

Sean Camacho
Representative

Matt Soper

Committees

Senate

Health & Human Services

House

Health & Human Services

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Status

Under Consideration

Introduced

Under Consideration

Upcoming Schedule

1 meeting

Mon

Apr 6

Senate Consideration of House Amendments to Senate Bills

10:00 AM Senate Chamber

Related Documents & Information

| Date | Version | Documents |
| --- | --- | --- |
| 04/02/2026 | Rerevised | PDF |
| 03/30/2026 | Revised | PDF |
| 02/24/2026 | Reengrossed | PDF |
| 02/23/2026 | Engrossed | PDF |
| 01/22/2026 | Introduced | PDF |

| Date | Version | Documents |
| --- | --- | --- |
| 03/26/2026 | PA2 | PDF |
| 02/13/2026 | PA1 | PDF |

| Date | Version | Documents |
| --- | --- | --- |
| 03/18/2026 | First Revised Fiscal Note | PDF |
| 02/02/2026 | Initial Fiscal Note | PDF |

| Activity | Vote | Documents |
| --- | --- | --- |
| Adopt amendment L.003 (Attachment C). | The motion passed without objection. | Vote summary |
| Adopt amendment L.004 (Attachment D). | The motion passed without objection. | Vote summary |
| Refer Senate Bill 26-031, as amended, to the Committee of the Whole. | The motion passed on a vote of 13-0. | Vote summary |
Hearing Summary | Committee Report: PDF
| Activity | Vote | Documents |
| --- | --- | --- |
| Adopt amendment L.001 (Attachment A). | The motion passed without objection. | Vote summary |
| Refer Senate Bill 26-031, as amended, to the Committee of the Whole. | The motion passed on a vote of 7-1. | Vote summary |
Hearing Summary | Committee Report: PDF
| Activity | Vote | Documents |
| --- | --- | --- |
Hearing Summary
| Date | Calendar | Motion | Vote | Vote Document |
| --- | --- | --- | --- | --- |
| 04/02/2026 | Third Reading | BILL | 62 AYE 1 NO 2 OTHER | Vote record |

| Date | Calendar | Motion | Vote | Vote Document |
| --- | --- | --- | --- | --- |
| 02/24/2026 | Third Reading | BILL | 29 AYE 2 NO 3 OTHER | Vote record |

| Date | Amendment Number | Committee/ Floor Hearing | Status | Documents |
| --- | --- | --- | --- | --- |
| 03/25/2026 | L.004 | HOU Health & Human Services | Passed [] | PDF |
| 03/25/2026 | L.003 | HOU Health & Human Services | Passed [] | PDF |
| 02/23/2026 | L.002 | Second Reading | Passed [*] | PDF |
| 02/12/2026 | L.001 | SEN Health & Human Services | Passed [] | PDF |
* Amendments passed in committee are not incorporated into the measure unless adopted by the full House or Senate.

** The status of Second Reading amendments may be subsequently affected by the adoption of an amendment to the Committee of the Whole Report. Refer to the House or Senate Journal for additional information.

| Date | Location | Action |
| --- | --- | --- |
| 04/02/2026 | House | House Third Reading Passed - No Amendments |
| 03/31/2026 | House | House Third Reading Laid Over Daily - No Amendments |
| 03/30/2026 | House | House Second Reading Special Order - Passed with Amendments - Committee |
| 03/25/2026 | House | House Committee on Health & Human Services Refer Amended to House Committee of the Whole |
| 02/25/2026 | House | Introduced In House - Assigned to Health & Human Services |
| 02/24/2026 | Senate | Senate Third Reading Passed - No Amendments |
| 02/23/2026 | Senate | Senate Second Reading Passed with Amendments - Committee, Floor |
| 02/18/2026 | Senate | Senate Second Reading Laid Over to 02/23/2026 - No Amendments |
| 02/12/2026 | Senate | Senate Committee on Health & Human Services Refer Amended to Senate Committee of the Whole |
| 02/04/2026 | Senate | Senate Committee on Health & Human Services Witness Testimony and/or Committee Discussion Only |
| 01/22/2026 | Senate | Introduced In Senate - Assigned to Health & Human Services |
Prime Sponsor

Sen. W. Lindstedt | Sen. J. Rich

Rep. S. Camacho | Rep. M. Soper

Sponsor

(None) Co-Sponsor

Sen. J. Bridges | Sen. J. Coleman | Sen. N. Hinrichsen