19-03.1-01. Definitions

19-03.1-01. Definitions

As used in this chapter and in chapters 19-03.2 and 19-03.4, unless the context otherwise

requires:

1. "Administer" means to apply a controlled substance, whether by injection, inhalation,

ingestion, or any other means, directly to the body of a patient or research subject by:

a. A practitioner or, in the practitioner's presence, by the practitioner's authorized

agent; or

b. The patient or research subject at the direction and in the presence of the

practitioner.

2. "Agent" means an authorized person who acts on behalf of or at the direction of a

manufacturer, distributor, or dispenser. It does not include a common or contract

carrier, public warehouseman, or employee of the carrier or warehouseman.

3. "Anabolic steroids" means any drug or hormonal substance, chemically and

pharmacologically related to testosterone, other than estrogens, progestins, and

corticosteroids.

4. "Board" means the state board of pharmacy.

5. "Bureau" means the drug enforcement administration in the United States department

of justice or its successor agency.

6. "Controlled substance" means a drug, substance, or immediate precursor in schedules

I through V as set out in this chapter.

7. "Controlled substance analog":

a. Means a substance the chemical structure of which is substantially similar to the

chemical structure of a controlled substance in a schedule I or II and:

(1) Which has a stimulant, depressant, or hallucinogenic effect on the central

nervous system which is substantially similar to or greater than the

stimulant, depressant, or hallucinogenic effect on the central nervous

system of a controlled substance in schedule I or II; or

(2) With respect to a particular individual, which the individual represents or

intends to have a stimulant, depressant, or hallucinogenic effect on the

central nervous system substantially similar to or greater than the stimulant,

depressant, or hallucinogenic effect on the central nervous system of a

controlled substance in schedule I or II.

b. Does not include:

(1) A controlled substance;

(2) Any substance for which there is an approved new drug application; or

(3) With respect to a particular individual, any substance, if an exemption is in

effect for investigational use, for that individual, under section 505 of the

Federal Food, Drug, and Cosmetic Act [21 U.S.C. 355] to the extent conduct

with respect to the substance is pursuant to the exemption.

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 thereof, of a manufacturer,

distributor, or dispenser other than the person who in fact manufactured, distributed, or

dispensed the substance.

9. "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one

person to another of a controlled substance whether or not there is an agency

relationship.

10. "Dispense" means to deliver a controlled substance to an ultimate user or research

subject by or pursuant to the lawful order of a practitioner, including the prescribing,

administering, packaging, labeling, or compounding necessary to prepare the

substance for that delivery.

11. "Dispenser" means a practitioner who dispenses.

12. "Distribute" means to deliver other than by administering or dispensing a controlled

substance.

13. "Distributor" means a person who distributes.

14. "Drug" means:

a. Substances recognized as drugs in the official United States pharmacopeia

national formulary, or the official homeopathic pharmacopeia of the United States,

or any supplement to any of them;

b. Substances intended for use in the diagnosis, cure, mitigation, treatment, or

prevention of disease in individuals or animals;

c. Substances, other than food, intended to affect the structure or any function of

the body of individuals or animals; and

ted States pharmacopeia

national formulary, or the official homeopathic pharmacopeia of the United States,

or any supplement to any of them;

b. Substances intended for use in the diagnosis, cure, mitigation, treatment, or

prevention of disease in individuals or animals;

c. Substances, other than food, intended to affect the structure or any function of

the body of individuals or animals; and

d. Substances intended for use as a component of any article specified in

subdivision a, b, or c. The term does not include devices or their components,

parts, or accessories.

15. "Immediate precursor" means a substance:

a. That the board has found to be and by rule designates as being the principal

compound commonly used or produced primarily for use in the manufacture of a

controlled substance;

b. That is an immediate chemical intermediary used or likely to be used in the

manufacture of the controlled substance; and

c. The control of which is necessary to prevent, curtail, or limit the manufacture of

the controlled substance.

16. "Manufacture" means the production, preparation, propagation, compounding,

conversion, or processing of a controlled substance, either directly or indirectly 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.

The term does not include the preparation or compounding of a controlled substance

by an individual for the individual's own use or the preparation, compounding,

packaging, or labeling of a controlled substance:

a. By a practitioner as an incident to the practitioner's administering or dispensing of

a controlled substance in the course of the practitioner's professional practice; or

b. By a practitioner, or by the practitioner's authorized agent under the practitioner's

supervision, for the purpose of, or as an incident to, research, teaching, or

chemical analysis and not for sale.

17. "Marijuana" means all parts of the plant of the genus cannabis, whether growing or

not; the seeds thereof; and every compound, manufacture, salt, derivative, mixture, or

preparation of the plant. The term does not include:

a. The tetrahydrocannabinol extracted or isolated from the plant;

b. 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 therefrom),

fiber, oil, or cake, or the sterilized seed of the plant which is incapable of

germination;

c. Hemp as defined in chapter 4.1-18.1; or

d. A prescription drug approved by the United States food and drug administration

under section 505 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 355].

18. "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:

a. Opium and opiate and any salt, compound, derivative, or preparation of opium or

opiate.

b. Any salt, compound, isomer, derivative, or preparation thereof which is chemically

equivalent or identical with any of the substances referred to in subdivision a, but

not including the isoquinoline alkaloids of opium.

c. Opium poppy and poppy straw.

d. Coca leaves and any salt, compound, derivative, or preparation of coca leaves,

any salt, compound, isomer, derivative, or preparation thereof which is chemically

equivalent or identical with any of these substances, but not including

decocainized coca leaves or extractions of coca leaves which do not contain

cocaine or ecgonine.

19. "Opiate" means any substance having an addiction-forming or addiction-sustaining

salt, compound, derivative, or preparation of coca leaves,

any salt, compound, isomer, derivative, or preparation thereof which is chemically

equivalent or identical with any of these substances, but not including

decocainized coca leaves or extractions of coca leaves which do not contain

cocaine or ecgonine.

19. "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. The term does not include, unless

specifically designated as controlled under section 19-03.1-02, the dextrorotatory

isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). The term

includes its racemic and levorotatory forms.

20. "Opium poppy" means the plant of the species papaver somniferum L., except its

seeds.

21. "Over-the-counter sale" means a retail sale of a drug or product other than a

controlled, or imitation controlled, substance.

22. "Person" means individual, corporation, limited liability company, government or

governmental subdivision or agency, business trust, estate, trust, partnership or

association, or any other legal entity.

23. "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.

24. "Practitioner" means:

a. A physician, dentist, veterinarian, pharmacist, scientific investigator, or other

person licensed, registered, or otherwise permitted by the jurisdiction in which the

individual is practicing to distribute, dispense, conduct research with respect to, or

to administer a controlled substance in the course of professional practice or

research.

b. A pharmacy, hospital, or other institution licensed, registered, or otherwise

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.

25. "Production" includes the manufacturing, planting, cultivating, growing, or harvesting of

a controlled substance.

26. "Sale" includes barter, exchange, or gift, or offer therefor, and each such transaction

made by a person, whether as principal, proprietor, agent, servant, or employee.

27. "Scheduled listed chemical product" means a product that contains ephedrine,

pseudoephedrin, or phenylpropanolamine, or each of the salts, optical isomers, and

salts of optical isomers of each chemical, and that may be marketed or distributed in

the United States under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301

et seq.] as a nonprescription drug unless prescribed by a licensed physician.

28. "State" when applied to a part of the United States includes any state, district,

commonwealth, territory, insular possession thereof, and any area subject to the legal

authority of the United States.

29. "Ultimate user" means an individual who lawfully possesses a controlled substance for

the individual's own use or for the use of a member of the individual's household or for

administering to an animal owned by the individual or by a member of the individual's

household.