2006 Code of Virginia § 54.1-3404 - Inventories of controlled substances required of certain persons; contents and form of recor...

54.1-3404. Inventories of controlled substances required of certainpersons; contents and form of record.

A. Except as set forth in subsection G, every person manufacturing,compounding, processing, selling, dispensing or otherwise disposing of drugsin Schedules I, II, III, IV or V shall take a complete and accurate inventoryof all stocks of Schedules I through V drugs on the date he first engages inbusiness. If there are no controlled substances on hand at that time, heshall record this fact as part of the inventory. An inventory taken by use ofan oral recording device shall be promptly reduced to writing and maintainedin a written, typewritten or printed form. Such inventory shall be madeeither as of the opening of business or as of the close of business on theinventory date.

B. After the initial inventory is taken, every person described herein shalltake a new inventory at least every two years of all stocks on hand ofSchedules I through V drugs. The biennial inventory shall be taken on anydate which is within two years of the previous biennial inventory.

C. The record of such drugs received shall in every case show the date ofreceipt, the name and address of the person from whom received and the kindand quantity of drugs received, the kind and quantity of drugs produced orremoved from process of manufacture, and the date of such production orremoval from process of manufacture. The record shall in every case show theproportion of morphine, cocaine, or ecgonine contained in or producible fromcrude opium or coca leaves received or produced.

D. The record of all drugs sold, administered, dispensed, or otherwisedisposed of, shall show the date of selling, administering, or dispensing,the name and address of the person to whom or for whose use, or the owner andspecies of animal for which the drugs were sold, administered or dispensed,and the kind and quantity of drugs. Any person selling, administering,dispensing or otherwise disposing of such drugs shall make and sign suchrecord at the time of each transaction. The keeping of a record required byor under the federal laws, containing substantially the same information asis specified above, shall constitute compliance with this section, exceptthat every such record shall contain a detailed list of any drugs lost,destroyed or stolen, the kind and quantity of such drugs, and the date of thediscovery of such loss, destruction or theft. The form of records shall beprescribed by the Board.

E. Whenever any registrant or licensee discovers a theft or any other unusualloss of any controlled substance, he shall immediately report such theft orloss to the Board. If the registrant or licensee is unable to determine theexact kind and quantity of the drug loss, he shall immediately make acomplete inventory of all Schedule I through V drugs.

Within 30 days after the discovery of a loss of drugs, the registrant orlicensee shall furnish the Board with a listing of the kind, quantity andstrength of such drugs lost.

F. All records required pursuant to this section shall be maintainedcompletely and accurately for two years from the date of the transactionrecorded.

G. Each person authorized to conduct chemical analyses using controlledsubstances in the Department of Forensic Science shall comply with theinventory requirements set forth in subsections A through F; however, thefollowing substances shall not be required to be included in such inventory:(i) controlled substances on hand at the time of the inventory in a quantityof less than one kilogram, other than a hallucinogenic controlled substancelisted in Schedule I of this chapter; or (ii) hallucinogenic controlledsubstances, other than lysergic acid diethylamide, on hand at the time of theinventory in a quantity of less than 20 grams; or (iii) lysergic aciddiethylamide on hand at the time of the inventory in a quantity of less than0.5 grams. Further, no inventory shall be required of known or suspectedcontrolled substances that have been received as evidentiary materials foranalyses by the Department of Forensic Science.

(1970, c. 650, 54-524.56; 1972, c. 798; 1978, c. 833; 1979, c. 435; 1980,c. 203; 1982, c. 278; 1988, c. 765; 1998, c. 105; 2004, c. 51; 2005, cc. 868,881.)