§ 21-28-1.02 - Definitions.
SECTION 21-28-1.02
§ 21-28-1.02 Definitions. – Unless the context otherwise requires, the words and phrases as defined in thissection are used in this chapter in the sense given them in the followingdefinitions:
(1) "Administer" refers to the direct application ofcontrolled substances to the body of a patient or research subject by:
(i) A practitioner, or, in his or her presence by his or herauthorized agent; or
(ii) The patient or research subject at the direction and inthe 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 ofor at the direction of a manufacturer, wholesaler, distributor, or dispenser;except that these terms do not include a common or contract carrier orwarehouse operator, when acting in the usual and lawful course of the carrier'sor warehouse operator's business.
(3) "Apothecary" means a registered pharmacist as defined bythe laws of this state and, where the context requires, the owner of a licensedpharmacy or other place of business where controlled substances are compoundedor dispensed by a registered pharmacist; and includes registered assistantpharmacists as defined by existing law, but nothing in this chapter shall beconstrued as conferring on a person who is not registered as a pharmacist anyauthority, right, or privilege that is not granted to him or her by thepharmacy laws of the state.
(4) "Automated data processing system" means a systemutilizing computer software and hardware for the purposes of record keeping.
(5) "Computer" means programmable electronic device capableof multi-functions, including, but not limited to, storage, retrieval, andprocessing of information.
(6) "Control" means to add a drug or other substance orimmediate precursor to a schedule under this chapter, whether by transfer fromanother schedule or otherwise.
(7) "Controlled substance" means a drug, substance, orimmediate precursor in schedules I – V of this chapter. The term shall notinclude distilled spirits, wine, or malt beverages, as those terms are definedor used in chapter 1 of title 3, nor tobacco.
(8) "Counterfeit substance" means a controlled substancewhich, or the container or labeling of which, without authorization bears thetrademark, trade name, or other identifying mark, imprint, number, or device,or any likeness of them, of a manufacturer, distributor, or dispenser, otherthan the person or persons who in fact manufactured, distributed, or dispensedthe substance and which thereby falsely purports or is represented to be theproduct of, or to have been distributed by, the other manufacturer,distributor, or dispenser, or which substance is falsely purported to be orrepresented to be one of the controlled substances by a manufacturer,distributor, or dispenser.
(9) "CRT" means cathode ray tube used to impose visualinformation on a screen.
(10) "Deliver" or "delivery" means the actual, constructive,or attempted transfer of a controlled substance or imitation controlledsubstance, whether or not there exists an agency relationship.
(11) "Department" means the department of health of thisstate.
(12) "Depressant or stimulant drug" means:
(i) A drug which contains any quantity of:
(A) Barbituric acid or derivatives, compounds, mixtures, orpreparations of barbituric acid; and
(B) "Barbiturate" or "barbiturates" includes all hypnoticand/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 anysalt of an optical isomer of amphetamine and/or desoxyephedrine, or anycompound, 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 orecgonine may be synthesized or made.
(iv) Any other drug or substance which contains any quantityof a substance which the attorney general of the United States, or the directorof health, after investigation, has found to have, or by regulation designatesas having, a potential for abuse because of its depressant or stimulant effecton 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 humanresearch subject by or pursuant to the lawful order of a practitioner,including the packaging, labeling, or compounding necessary to prepare thesubstance for that delivery.
(15) "Dispenser" is a practitioner who delivers a controlledsubstance to the ultimate user or human research subject.
(16) "Distribute" means to deliver (other than byadministering or dispensing) a controlled substance or an imitation controlledsubstance and includes actual constructive, or attempted transfer."Distributor" means a person who so delivers a controlled substance or animitation controlled substance.
(17) "Downtime" means that period of time when a computer isnot operable.
(18) "Drug addicted person" means a person who exhibits amaladaptive pattern of behavior resulting from drug use, including one or moreof the following: impaired control over drug use; compulsive use; and/orcontinued use despite harm, and craving.
(19) "Drug Enforcement Administration" means the DrugEnforcement Administration United States Department of Justice or its successor.
(20) "Federal law" means the Comprehensive Drug AbusePrevention 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 17of title 23.
(23) "Imitation controlled substance" means a substance thatis not a controlled substance, which by dosage unit, appearance (includingcolor, shape, size, and markings), or by representations made, would lead areasonable 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 theappearance of the dosage unit is not reasonably sufficient to establish thatthe substance is an "imitation controlled substance" (for example in the caseof powder or liquid), the court or authority concerned should consider, inaddition to all other logically relevant factors, the following factors asrelated 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 natureof 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 mannerreasonably similar to packaging of illicit controlled substances.
(iv) Whether the distribution or attempted distributionincluded an exchange of or demand for money or other property as consideration,and whether the amount of the consideration was substantially greater than thereasonable value of the non-controlled substance.
(24) "Immediate precursor" means a substance:
(i) Which the director of health has found to be and byregulation designated as being the principal compound used, or producedprimarily for use, in the manufacture of a controlled substance;
(ii) Which is an immediate chemical intermediary used orlikely 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 thedepartment of health as proper to be entrusted with controlled substances andthe use of controlled substances for scientific and medical purposes and forthe purposes of instruction.
(26) "Marijuana" means all parts of the plant cannabis sativaL., whether growing or not; the seeds of the plant; the resin extracted fromany part of the plant; and every compound, manufacture, salt, derivative,mixture, or preparation of the plant, its seeds or resin, but shall not includethe mature stalks of the plant, fiber produced from the stalks, oil or cakemade from the seeds of the plant, any other compound, manufacture, salt,derivative, mixture, or preparation of mature stalks, (except the resinextracted from it), fiber, oil or cake, or the sterilized seed from the plantwhich is incapable of germination.
(27) "Manufacture" means the production, preparation,propagation, cultivation, compounding, or processing of a drug or othersubstance, including an imitation controlled substance, either directly orindirectly or by extraction from substances of natural origin, or independentlyby means of chemical synthesis or by a combination of extraction and chemicalsynthesis and includes any packaging or repackaging of the substance orlabeling or relabeling of its container in conformity with the general laws ofthis state except by a practitioner as an incident to his or her administrationor dispensing of the drug or substance in the course of his or her professionalpractice.
(28) "Manufacturer" means a person who manufactures but doesnot include an apothecary who compounds controlled substances to be sold ordispensed on prescriptions.
(29) "Narcotic drug" means any of the following, whetherproduced directly or indirectly by extraction from substances of vegetableorigin, or independently by means of chemical synthesis or by a combination ofextraction and chemical synthesis:
(i) Opium and opiates.
(ii) A compound, manufacture, salt, derivative, orpreparation of opium or opiates.
(iii) A substance (and any compound, manufacture, salt,derivative, or preparation of it) which is chemically identical with any of thesubstances referred to in paragraphs (i) and (ii) of this subdivision.
(iv) Any other substance which the attorney general of theUnited States, or his or her successor, or the director of health, afterinvestigation, has found to have, and by regulation designates as having, apotential for abuse similar to opium and opiates.
(30) "Official written order" means an order written on aform provided for that purpose by the Drug Enforcement Administration under anylaws of the United States making provision for an official form, if order formsare authorized and required by federal law, and if no order form is providedthen on an official form provided for that purpose by the director of health.
(31) "Opiate" means any substance having an addiction-formingor addiction-sustaining liability similar to morphine or being capable ofconversion into a drug having addiction-forming or addiction-sustainingliability.
(32) "Opium poppy" means the plant of the species papaversomniferum L., except the seeds of the plant.
(33) "Ounce" means an avoirdupois ounce as applied to solidsand 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 thatis manifested by a drug class specific withdrawal syndrome that can be producedby 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 theopium poppy, after mowing.
(37) "Practitioner" means:
(i) A physician, osteopath, dentist, chiropodist,veterinarian, scientific investigator, or other person licensed, registered orpermitted to distribute, dispense, conduct research with respect to or toadminister a controlled substance in the course of professional practice orresearch in this state.
(ii) A pharmacy, hospital, or other institution licensed,registered or permitted to distribute, dispense, conduct research with respectto, or to administer a controlled substance in the course of professionalpractice or research in this state.
(38) "Printout" means a hard copy produced by computer thatis 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 directorof health to conduct a laboratory as defined in this chapter.
(41) "Sell" includes sale, barter, gift, transfer, ordelivery in any manner to another, or to offer or agree to do the same.
(42) "Software" means programs, procedures and storage ofrequired information data.
(43) "Ultimate user" means a person who lawfully possesses acontrolled substance for his or her own use or for the use of a member of hisor her household, or for administering to an animal owned by him or her or by amember of his or her household.
(44) "Wholesaler" means a person who sells, vends, ordistributes at wholesale, or as a jobber, broker agent, or distributor, or forresale in any manner in this state any controlled substance.