TITLE 21
Food And Drugs
CHAPTER 21-28
Uniform Controlled Substances Act
ARTICLE 21-28-1.01
Short Title and Definitions
SECTION 21-28-1.02
§ 21-28-1.02 Definitions.
Unless the context otherwise requires, the words and phrases as defined in this
section are used in this chapter in the sense given them in the following
definitions:
(1) "Administer" refers to the direct application of
controlled substances to the body of a patient or research subject by:
(i) A practitioner, or, in his or her presence by his or her
authorized agent; or
(ii) The patient or research subject at the direction and in
the presence of the practitioner whether the application is by injection,
inhalation, ingestion, or any other means.
(2) "Agent" means an authorized person who acts on behalf of
or at the direction of a manufacturer, wholesaler, distributor, or dispenser;
except that these terms do not include a common or contract carrier or
warehouse operator, when acting in the usual and lawful course of the carrier's
or warehouse operator's business.
(3) "Apothecary" means a registered pharmacist as defined by
the laws of this state and, where the context requires, the owner of a licensed
pharmacy or other place of business where controlled substances are compounded
or dispensed by a registered pharmacist; and includes registered assistant
pharmacists as defined by existing law, but nothing in this chapter shall be
construed as conferring on a person who is not registered as a pharmacist any
authority, right, or privilege that is not granted to him or her by the
pharmacy laws of the state.
(4) "Automated data processing system" means a system
utilizing computer software and hardware for the purposes of record keeping.
(5) "Computer" means programmable electronic device capable
of multi-functions, including, but not limited to, storage, retrieval, and
processing of information.
(6) "Control" means to add a drug or other substance or
immediate precursor to a schedule under this chapter, whether by transfer from
another schedule or otherwise.
(7) "Controlled substance" means a drug, substance, immediate
precursor, or synthetic drug in schedules I V of this chapter. The term
shall not include distilled spirits, wine, or malt beverages, as those terms
are defined or used in chapter 1 of title 3, nor tobacco.
(8) "Counterfeit substance" means a controlled substance
which, or the container or labeling of which, without authorization bears the
trademark, trade name, or other identifying mark, imprint, number, or device,
or any likeness of them, of a manufacturer, distributor, or dispenser, other
than the person or persons who in fact manufactured, distributed, or dispensed
the substance and which thereby falsely purports or is represented to be the
product of, or to have been distributed by, the other manufacturer,
distributor, or dispenser, or which substance is falsely purported to be or
represented to be one of the controlled substances by a manufacturer,
distributor, or dispenser.
(9) "CRT" means cathode ray tube used to impose visual
information on a screen.
(10) "Deliver" or "delivery" means the actual, constructive,
or attempted transfer of a controlled substance or imitation controlled
substance, whether or not there exists an agency relationship.
(11) "Department" means the department of health of this
state.
(12) "Depressant or stimulant drug" means:
(i) A drug which contains any quantity of:
(A) Barbituric acid or derivatives, compounds, mixtures, or
preparations of barbituric acid; and
(B) "Barbiturate" or "barbiturates" includes all hypnotic
and/or somnifacient drugs, whether or not derivatives of barbituric acid,
except that this definition shall not include bromides and narcotics.
(ii) A drug which contains any quantity of:
(A) Amphetamine or any of its optical isomers;
(B) Any salt of amphetamine and/or desoxyephedrine or any
salt of an optical isomer of amphetamine and/or desoxyephedrine, or any
compound, mixture, or preparation of them.
(iii) A drug which contains any quantity of coca leaves.
"Coca leaves" includes cocaine, or any compound, manufacture, salt, derivative,
mixture, or preparation of coca leaves, except derivatives of coca leaves,
which do not contain cocaine, ecgonine, or substance from which cocaine or
ecgonine may be synthesized or made.
(iv) Any other drug or substance which contains any quantity
of a substance which the attorney general of the United States, or the director
of health, after investigation, has found to have, or by regulation designates
as having, a potential for abuse because of its depressant or stimulant effect
on the central nervous system.
(13) "Director" means the director of health.
(14) "Dispense" means to deliver, distribute, leave with,
give away, or dispose of a controlled substance to the ultimate user or human
research subject by or pursuant to the lawful order of a practitioner,
including the packaging, labeling, or compounding necessary to prepare the
substance for that delivery.
(15) "Dispenser" is a practitioner who delivers a controlled
substance to the ultimate user or human research subject.
(16) "Distribute" means to deliver (other than by
administering or dispensing) a controlled substance or an imitation controlled
substance and includes actual constructive, or attempted transfer.
"Distributor" means a person who so delivers a controlled substance or an
imitation controlled substance.
(17) "Downtime" means that period of time when a computer is
not operable.
(18) "Drug addicted person" means a person who exhibits a
maladaptive pattern of behavior resulting from drug use, including one or more
of the following: impaired control over drug use; compulsive use; and/or
continued use despite harm, and craving.
(19) "Drug Enforcement Administration" means the Drug
Enforcement Administration United States Department of Justice or its successor.
(20) "Federal law" means the Comprehensive Drug Abuse
Prevention and Control Act of 1970, (84 stat. 1236)(see generally 21 U.S.C.
§ 801 et seq.), and all regulations pertaining to that federal act.
(21) "Hardware" means the fixed component parts of a computer.
(22) "Hospital" means an institution as defined in chapter 17
of title 23.
(23) "Imitation controlled substance" means a substance that
is not a controlled substance, which by dosage unit, appearance (including
color, shape, size, and markings), or by representations made, would lead a
reasonable person to believe that the substance is a controlled substance and,
which imitation controlled substances contain substances which if ingested,
could be injurious to the health of a person. In those cases when the
appearance of the dosage unit is not reasonably sufficient to establish that
the substance is an "imitation controlled substance" (for example in the case
of powder or liquid), the court or authority concerned should consider, in
addition to all other logically relevant factors, the following factors as
related to "representations made" in determining whether the substance is an
"imitation controlled substance":
(i) Statement made by an owner, possessor, transferor,
recipient, or by anyone else in control of the substance concerning the nature
of the substance, or its use or effect.
(ii) Statements made by the owner, possessor, or transferor,
to the recipient that the substance may be resold for substantial profit.
(iii) Whether the substance is packaged in a manner
reasonably similar to packaging of illicit controlled substances.
(iv) Whether the distribution or attempted distribution
included an exchange of or demand for money or other property as consideration,
and whether the amount of the consideration was substantially greater than the
reasonable value of the non-controlled substance.
(24) "Immediate precursor" means a substance:
(i) Which the director of health has found to be and by
regulation designated as being the principal compound used, or produced
primarily for use, in the manufacture of a controlled substance;
(ii) Which is an immediate chemical intermediary used or
likely to be used in the manufacture of those controlled substances; and
(iii) The control of which is necessary to prevent, curtail,
or limit the manufacture of that controlled substance.
(25) "Laboratory" means a laboratory approved by the
department of health as proper to be entrusted with controlled substances and
the use of controlled substances for scientific and medical purposes and for
the purposes of instruction.
(26) "Marijuana" means all parts of the plant cannabis sativa
L., whether growing or not; the seeds of the plant; the resin extracted from
any part of the plant; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds or resin, but shall not include
the mature stalks of the plant, fiber produced from the stalks, oil or cake
made from the seeds of the plant, any other compound, manufacture, salt,
derivative, mixture, or preparation of mature stalks, (except the resin
extracted from it), fiber, oil or cake, or the sterilized seed from the plant
which is incapable of germination.
(27) "Manufacture" means the production, preparation,
propagation, cultivation, compounding, or processing of a drug or other
substance, including an imitation controlled substance, either directly or
indirectly or by extraction from substances of natural origin, or independently
by means of chemical synthesis or by a combination of extraction and chemical
synthesis and includes any packaging or repackaging of the substance or
labeling or relabeling of its container in conformity with the general laws of
this state except by a practitioner as an incident to his or her administration
or dispensing of the drug or substance in the course of his or her professional
practice.
(28) "Manufacturer" means a person who manufactures but does
not include an apothecary who compounds controlled substances to be sold or
dispensed on prescriptions.
(29) "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances of vegetable
origin, or independently by means of chemical synthesis or by a combination of
extraction and chemical synthesis:
(i) Opium and opiates.
(ii) A compound, manufacture, salt, derivative, or
preparation of opium or opiates.
(iii) A substance (and any compound, manufacture, salt,
derivative, or preparation of it) which is chemically identical with any of the
substances referred to in paragraphs (i) and (ii) of this subdivision.
(iv) Any other substance which the attorney general of the
United States, or his or her successor, or the director of health, after
investigation, has found to have, and by regulation designates as having, a
potential for abuse similar to opium and opiates.
(30) "Official written order" means an order written on a
form provided for that purpose by the Drug Enforcement Administration under any
laws of the United States making provision for an official form, if order forms
are authorized and required by federal law, and if no order form is provided
then on an official form provided for that purpose by the director of health.
(31) "Opiate" means any substance having an addiction-forming
or addiction-sustaining liability similar to morphine or being capable of
conversion into a drug having addiction-forming or addiction-sustaining
liability.
(32) "Opium poppy" means the plant of the species papaver
somniferum L., except the seeds of the plant.
(33) "Ounce" means an avoirdupois ounce as applied to solids
and semi-solids, and a fluid ounce as applied to liquids.
(34) "Person" means any corporation, association,
partnership, or one or more individuals.
(35) "Physical dependence" means a state of adaptation that
is manifested by a drug class specific withdrawal syndrome that can be produced
by abrupt cessation, rapid dose reduction, decreasing blood level of the drug,
and/or administration of an antagonist.
(36) "Poppy straw" means all parts, except the seeds, of the
opium poppy, after mowing.
(37) "Practitioner" means:
(i) A physician, osteopath, dentist, chiropodist,
veterinarian, scientific investigator, or other person licensed, registered or
permitted to distribute, dispense, conduct research with respect to or to
administer a controlled substance in the course of professional practice or
research in this state.
(ii) A pharmacy, hospital, or other institution licensed,
registered or permitted to distribute, dispense, conduct research with respect
to, or to administer a controlled substance in the course of professional
practice or research in this state.
(38) "Printout" means a hard copy produced by computer that
is readable without the aid of any special device.
(39) "Production" includes the manufacture, planting,
cultivation, growing, or harvesting of a controlled substance.
(40) "Researcher" means a person authorized by the director
of health to conduct a laboratory as defined in this chapter.
(41) "Sell" includes sale, barter, gift, transfer, or
delivery in any manner to another, or to offer or agree to do the same.
(42) "Software" means programs, procedures and storage of
required information data.
(43) "Synthetic drugs" means any synthetic cannabinoids or
piperazines or any synthetic cathinones as provided for in schedule I.
(44) "Ultimate user" means a person who lawfully possesses a
controlled substance for his or her own use or for the use of a member of his
or her household, or for administering to an animal owned by him or her or by a
member of his or her household.
(45) "Wholesaler" means a person who sells, vends, or
distributes at wholesale, or as a jobber, broker agent, or distributor, or for
resale in any manner in this state any controlled substance.
History of Section.
(P.L. 1974, ch. 183, § 2; P.L. 1982, ch. 151, § 1; P.L. 1986, ch.
215, § 1; P.L. 2005, ch. 93, § 1; P.L. 2005, ch. 104, § 1; P.L.
2013, ch. 326, § 1; P.L. 2013, ch. 404, § 1.)