2014 North Dakota Century Code Title 19 Foods, Drugs, Oils, and Compounds Chapter 19-03.1 Uniform Controlled Substances Act
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CHAPTER 19-03.1
UNIFORM CONTROLLED SUBSTANCES ACT
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.
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"Distribute" means to deliver other than by administering or dispensing a controlled
substance.
"Distributor" means a person who distributes.
"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
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.
"Hashish" means the resin extracted from any part of the plant cannabis with or
without its adhering plant parts, whether growing or not, and every compound,
manufacture, salt, derivative, mixture, or preparation of the resin.
"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.
"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.
"Marijuana" means all parts of the plant cannabis whether growing or not; the seeds
thereof; the resinous product of the combustion of the plant cannabis; and every
compound, manufacture, salt, derivative, mixture, or preparation of the plant or its
seeds. The term does 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, fiber, oil, or
cake, or the sterilized seed of the plant which is incapable of germination.
"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
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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.
"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.
"Opium poppy" means the plant of the species papaver somniferum L., except its
seeds.
"Over-the-counter sale" means a retail sale of a drug or product other than a
controlled, or imitation controlled, substance.
"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.
"Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.
"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.
"Production" includes the manufacturing, planting, cultivating, growing, or harvesting of
a controlled substance.
"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.
"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.
"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.
"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.
19-03.1-01.1. Board - Agreements - Gifts.
1. In carrying out its duties under this chapter, the board shall consult with
representatives of each of the following interests: board of medical examiners, board
of dental examiners, board of registry in podiatry, board of veterinary medical
examiners, board of nursing, the college of pharmacy, and the school of medicine.
2. To carry out its duties under this chapter, the board may enter into agreements or
memorandums of understanding with the interests named in subsection 1. Additionally,
the board may contract for and accept private contributions, gifts, and grants-in-aid
from the federal government, private industry, and other sources. The income received
from these sources must be spent for the purpose designated in the gift, grant, or
donation.
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19-03.1-02. Authority to control.
1. The board shall administer this chapter and may add substances to or delete or
reschedule all substances enumerated in the schedules in sections 19-03.1-05,
19-03.1-07, 19-03.1-09, 19-03.1-11, or 19-03.1-13 pursuant to the procedures of
chapter 28-32. In making a determination regarding a substance, the board shall
consider the following:
a. The actual or relative potential for abuse;
b. The scientific evidence of its pharmacological effect, if known;
c. The state of current scientific knowledge regarding the substance;
d. The history and current pattern of abuse;
e. The scope, duration, and significance of abuse;
f. The risk to the public health;
g. The potential of the substance to produce psychic or physiological dependence
liability; and
h. Whether the substance is an immediate precursor of a substance already
controlled under this chapter.
2. After considering the factors enumerated in subsection 1, the board shall make
findings with respect thereto and issue a rule controlling the substance if it finds the
substance has a potential for abuse.
3. If the board designates a substance as an immediate precursor, substances which are
precursors of the controlled precursor are not subject to control solely because they
are precursors of the controlled precursor.
4. If any substance is designated, rescheduled, or deleted as a controlled substance
under federal law and notice thereof is given to the board, the board shall similarly
control the substance under this chapter after the expiration of thirty days from
publication in the federal register of a final order designating a substance as a
controlled substance or rescheduling, or deleting a substance, unless within that
thirty-day period, the board objects to inclusion, rescheduling, or deletion. In that case,
the board shall publish the reasons for objection and afford all interested parties an
opportunity to be heard. At the conclusion of the hearing, the board shall publish its
decision, which is final unless altered by statute. Upon publication of objection to
inclusion, rescheduling, or deletion under this chapter by the board, control under this
chapter is stayed until the board publishes its decision.
5. Authority to control under this section does not extend to distilled spirits, wine, malt
beverages, or tobacco as those terms are defined or used in title 5.
19-03.1-03. Nomenclature.
The controlled substances listed or to be listed in the schedules in sections 19-03.1-05,
19-03.1-07, 19-03.1-09, 19-03.1-11, and 19-03.1-13 are included by whatever official, common,
usual, chemical, or trade name designated.
19-03.1-04. Schedule I tests.
The board shall place a substance in schedule I if it finds that the substance:
1. Has high potential for abuse; and
2. Has no accepted medical use in treatment in the United States or lacks accepted
safety for use in treatment under medical supervision.
19-03.1-05. Schedule I.
1. The controlled substances listed in this section are included in schedule I.
2. Schedule I consists of the drugs and other substances, by whatever official name,
common or usual name, chemical name, or brand name designated, listed in this
section.
3. Opiates. Unless specifically excepted or unless listed in another schedule, any of the
following opiates, including their isomers, esters, ethers, salts, and salts of isomers,
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esters, and ethers, whenever the existence of those isomers, esters, ethers, and salts
is possible within the specific chemical designation:
a. Acetyl-alpha-methylfentanyl (also known as N-[1-(1-methyl-2-phenethyl)-4piperidinyl]-N-phenylacetamide).
b. Acetylmethadol.
c. Allylprodine.
d. Alphacetylmethadol.
e. Alphameprodine.
f. Alphamethadol.
g. Alpha-methylfentanyl (also known as N-[1-(alpha-methyl-beta-phenyl)ethyl-4piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine).
h. Alpha-methylthiofentanyl (also known as N-[1-methyl-2- (2-thienyl)ethyl-4piperidinyl]-N-phenylpropanamide).
i. Benzethidine.
j. Betacetylmethadol.
k. Beta-hydroxyfentanyl (also known as N-[1-(2-hydroxy-2- phenethyl)-4-piperidinyl]N-phenylpropanamide).
l. Beta-hydroxy-3-methylfentanyl (also known as N-[1-(2-hydroxy-2- phenethyl)-3methyl-4-piperidinyl]-N-phenylpropanamide).
m. Betameprodine.
n. Betamethadol.
o. Betaprodine.
p. Clonitazene.
q. Dextromoramide.
r. Diampromide.
s. Diethylthiambutene.
t. Difenoxin.
u. Dimenoxadol.
v. Dimepheptanol.
w. Dimethylthiambutene.
x. Dioxaphetyl butyrate.
y. Dipipanone.
z. Ethylmethylthiambutene.
aa. Etonitazene.
bb. Etoxeridine.
cc. Furethidine.
dd. Hydroxypethidine.
ee. Ketobemidone.
ff. Levomoramide.
gg. Levophenacylmorphan.
hh. 3-Methylfentanyl (also known as N-[3-methyl-1-(2-phenylethyl) 4-piperidyl]-Nphenylpropanamide).
ii. 3-Methylthiofentanyl (also known as N-[3-methyl-1-(2- thienyl)ethyl-4-piperidinyl]N-phenylpropanamide).
jj. Morpheridine.
kk. MPPP (also known as 1-methyl-4-phenyl-4-propionoxypiperidine).
ll. Noracymethadol.
mm. Norlevorphanol.
nn. Normethadone.
oo. Norpipanone.
pp. Para-fluorofentanyl (also known as N-(4-fluorophenyl)-N-[1-(2- phenethyl)-4piperidinyl] propanamide).
qq. PEPAP (1-(2-Phenylethyl)-4-Phenyl-4-acetoxypiperidine).
rr. Phenadoxone.
ss. Phenampromide.
tt. Phenomorphan.
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uu.
vv.
ww.
xx.
yy.
zz.
aaa.
Phenoperidine.
Piritramide.
Proheptazine.
Properidine.
Propiram.
Racemoramide.
Thiofentanyl (also known as N-phenyl-N-[1-(2-thienyl)ethyl-4- piperidinyl]propanamide).
bbb. Tilidine.
ccc. Trimeperidine.
4. Opium derivatives. Unless specifically excepted or unless listed in another schedule,
any of the following opium derivatives, its salts, isomers, and salts of isomers
whenever the existence of such salts, isomers, and salts of isomers is possible within
the specific chemical designation:
a. Acetorphine.
b. Acetyldihydrocodeine.
c. Benzylmorphine.
d. Codeine methylbromide.
e. Codeine-N-Oxide.
f. Cyprenorphine.
g. Desomorphine.
h. Dihydromorphine.
i. Drotebanol.
j. Etorphine (except hydrochloride salt).
k. Heroin.
l. Hydromorphinol.
m. Methyldesorphine.
n. Methyldihydromorphine.
o. Morphine methylbromide.
p. Morphine methylsulfonate.
q. Morphine-N-Oxide.
r. Myrophine.
s. Nicocodeine.
t. Nicomorphine.
u. Normorphine.
v. Pholcodine.
w. Thebacon.
5. Hallucinogenic substances. Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation containing any quantity of
the following hallucinogenic substances, including their salts, isomers, and salts of
isomers whenever the existence of those salts, isomers, and salts of isomers is
possible within the specific chemical designation (for purposes of this subsection only,
the term "isomer" includes the optical, position, and geometric isomers):
a. Alpha-ethyltryptamine, its optical isomers, salts, and salts of isomers (also known
as etryptamine; a-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole).
b. Alpha-methyltryptamine.
c. 4-methoxyamphetamine (also known as 4-methoxy-a-methylphenethylamine;
paramethoxyamphetamine; PMA).
d. N-hydroxy-3,4-methylenedioxyamphetamine (also known as N-hydroxy-alphamethyl-3,4(methylenedioxy)phenylamine, and N-hydroxy MDA.
e. Hashish.
f. Ibogaine (also known as 7-Ethyl-6, 6B, 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6,
9-methano-5 H-pyrido [1', 2':1,2] azepino (5,4-b) indole; Tabernanthe iboga).
g. Lysergic acid diethylamide.
h. Marijuana.
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i.
j.
k.
l.
m.
n.
o.
Parahexyl (also known as 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro- 6,6,9-trimethyl6H-dibenzol[b,d]pyran; Synhexyl).
Peyote (all parts of the plant presently classified botanically as Lophophora
williamsii Lemaire, whether growing or not, the seeds thereof, any extract from
any part of such plant, and every compound, manufacture, salts, derivative,
mixture, or preparation of such plant, its seeds, or its extracts).
N-ethyl-3-piperidyl benzilate.
N-methyl-3-piperidyl benzilate.
Psilocybin.
Tetrahydrocannabinols, meaning tetrahydrocannabinols naturally contained in a
plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of
the substances contained in the cannabis plant, or in the resinous extractives of
such plant, including synthetic substances, derivatives, and their isomers with
similar chemical structure and pharmacological activity to those substances
contained in the plant, such as the following:
(1) Delta-1 cis or trans tetrahydrocannabinol, and their optical isomers.
(2) Delta-6 cis or trans tetrahydrocannabinol, and their optical isomers.
(3) Delta-3,4 cis or trans tetrahydrocannabinol, and its optical isomers.
(Since nomenclature of these substances is not internationally standardized,
compounds of these structures, regardless of numerical designation of atomic
positions covered.)
Cannabinoids, synthetic. It includes the chemicals and chemical groups listed
below, including their homologues, salts, isomers, and salts of isomers. The term
"isomer" includes the optical, position, and geometric isomers.
(1) Naphthoylindoles. Any compound containing a 3-(1-naphthoyl)indole
structure with substitution at the nitrogen atom of the indole ring by an alkyl,
haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl2-piperidinyl)methyl,
2-(4-morpholinyl)ethyl,
1-(N-methyl-2pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4yl)methyl group, whether or not further substituted in the indole ring to any
extent and whether or not substituted in the naphthyl ring to any extent.
Examples include:
(a) 1-Pentyl-3-(1-naphthoyl)indole - Other names: JWH-018 and AM-678.
(b) 1-Butyl-3-(1-naphthoyl)indole - Other names: JWH-073.
(c) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole - Other names: JWH-081.
(d) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole - Other names: JWH200.
(e) 1-Propyl-2-methyl-3-(1-naphthoyl)indole - Other names: JWH-015.
(f) 1-Hexyl-3-(1-naphthoyl)indole - Other names: JWH-019.
(g) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole - Other names: JWH-122.
(h) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole - Other names: JWH-210.
(i) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole - Other names: JWH-398.
(j) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole - Other names: AM-2201.
(2) Naphthylmethylindoles. Any compound containing a 1H-indol-3-yl-(1naphthyl)methane structure with substitution at the nitrogen atom of the
indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1(N-methyl-2-pyrrolidinyl)methyl,
1-(N-methyl-3-morpholinyl)methyl,
or
(tetrahydropyran-4-yl)methyl group whether or not further substituted in the
indole ring to any extent and whether or not substituted in the naphthyl ring
to any extent. Examples include:
(a) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane - Other names: JWH-175.
(b) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methane - Other names:
JWH-184.
(3) Naphthoylpyrroles. Any compound containing a 3-(1-naphthoyl)pyrrole
structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl,
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(4)
(5)
(6)
(7)
(8)
haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl2-piperidinyl)methyl,
2-(4-morpholinyl)ethyl,
1-(N-methyl-2pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4yl)methyl group whether or not further substituted in the pyrrole ring to any
extent, whether or not substituted in the naphthyl ring to any extent.
Examples include: (5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1ylmethanone - Other names: JWH-307.
Naphthylmethylindenes. Any compound containing a naphthylideneindene
structure with substitution at the 3-position of the indene ring by an alkyl,
haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl2-piperidinyl)methyl,
2
(4
morpholinyl)ethyl,
1-(N-methyl-2pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4yl)methyl group whether or not further substituted in the indene ring to any
extent, whether or not substituted in the naphthyl ring to any extent.
Examples include: E-1-[1-(1-Naphthalenylmethylene)-1H-inden-3-yl]pentane
- Other names: JWH-176.
Phenylacetylindoles. Any compound containing a 3-phenylacetylindole
structure with substitution at the nitrogen atom of the indole ring by an alkyl,
haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl2-piperidinyl)methyl,
2-(4-morpholinyl)ethyl,
1-(N-methyl-2pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4yl)methyl group whether or not further substituted in the indole ring to any
extent, whether or not substituted in the phenyl ring to any extent. Examples
include:
(a) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole - Other names:
RCS-8.
(b) 1-Pentyl-3-(2-methoxyphenylacetyl)indole - Other names: JWH-250.
(c) 1-Pentyl-3-(2-methylphenylacetyl)indole - Other names: JWH-251.
(d) 1-Pentyl-3-(2-chlorophenylacetyl)indole - Other names: JWH-203.
Cyclohexylphenols.
Any
compound
containing
a
2-(3hydroxycyclohexyl)phenol structure with substitution at the 5-position of the
phenolic ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1(N-methyl-2-pyrrolidinyl)methyl,
1-(N-methyl-3-morpholinyl)methyl,
or
(tetrahydropyran-4-yl)methyl group whether or not substituted in the
cyclohexyl ring to any extent. Examples include:
(a) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol - Other
names: CP 47,497.
(b) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol - Other
names: Cannabicyclohexanol and CP 47,497 C8 homologue.
(c) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3hydroxypropyl)cyclohexyl]-phenol - Other names: CP 55,940.
Benzoylindoles. Any compound containing a 3-(benzoyl)indole structure with
substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl,
1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group
whether or not further substituted in the indole ring to any extent and
whether or not substituted in the phenyl ring to any extent. Examples
include:
(a) 1-Pentyl-3-(4-methoxybenzoyl)indole - Other names: RCS-4.
(b) (1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole) - Other names: AM-694.
(c) (4-Methoxyphenyl)-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3yl]methanone - Other names: WIN 48,098 and Pravadoline.
Tetramethylcyclopropanoylindoles. Any compound containing a 3tetramethylcyclopropanoylindole structure with substitution at the nitrogen
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p.
atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4morpholinyl)ethyl,
1-(N-methyl-2-pyrrolidinyl)methyl,
1-(N-methyl-3morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group whether or not
further substituted in the indole ring to any extent and whether or not
substituted in the tetramethylcyclopropanoyl ring to any extent.
(a) (1-Pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone - Other
names: UR-144.
(b) (1-(5-fluoropentyl)indol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)
methanone - Other names: XLR-11.
(c) (1-(2-morpholin-4-ylethyl)-1H-indol-3-yl)-(2,2,3,3tetramethylcyclopropyl)methanone - Other names: A-796,260.
(9) Others specifically named:
(a) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol - Other names: HU-210.
(b) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol
Other
names:
Dexanabinol and HU-211.
(c) 2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4benzoxazin-6-yl]-1-napthalenylmethanone
Other
names:
WIN 55,212-2.
(d) 1-[(N-methylpiperidin-2-yl)methyl]-3-(adamant-1-oyl)indole - Other
names: AM-1248.
(e) N-Adamantyl-1-pentyl-1H-indole-3-carboxamide - Other names: JWH018 adamantyl carboxamide.
(f) N-Adamantyl-1-fluoropentylindole-3-carboxamide - Other names:
STS-135.
(g) N-Adamantyl-1-pentyl-1H-Indazole-3-carboxamide - Other names:
AKB 48.
(h) 1-Pentyl-3-(1-adamantoyl)indole - Other names: AB-001 and JWH-018
adamantyl analog.
(i) Naphthalen-1-yl-(4-pentyloxynaphthalen-1-yl)methanone
Other
names: CB-13.
Substituted phenethylamines. This includes any compound, unless specifically
excepted, specifically named in this schedule, or listed under a different schedule,
structurally derived from phenylethan-2-amine by substitution on the phenyl ring
in any of the following ways, that is to say, by substitution with a fused
methylenedioxy ring, fused furan ring, or fused tetrahydrofuran ring; by
substitution with two alkoxy groups; by substitution with one alkoxy and either one
fused furan, tetrahydrofuran, or tetrahydropyran ring system; or by substitution
with two fused ring systems from any combination of the furan, tetrahydrofuran,
or tetrahydropyran ring systems.
(1) Whether or not the compound is further modified in any of the following
ways, that is to say:
(a) By substitution of phenyl ring by any halo, hydroxyl, alkyl,
trifluoromethyl, alkoxy, or alkylthio groups;
(b) By substitution at the 2-position by any alkyl groups; or
(c) By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl,
hydroxybenzyl, methylenedioxybenzyl, or methoxybenzyl groups.
(2) Examples include:
(a) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (also known as 2C-C or
2,5-Dimethoxy-4-chlorophenethylamine).
(b) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (also known as 2C-D or
2,5-Dimethoxy-4-methylphenethylamine).
(c) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (also known as 2C-E or
2,5-Dimethoxy-4-ethylphenethylamine).
Page No. 9
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
(z)
(aa)
(bb)
(cc)
(dd)
2-(2,5-Dimethoxyphenyl)ethanamine (also known as 2C-H or 2,5Dimethoxyphenethylamine).
2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (also known as 2C-I or
2,5-Dimethoxy-4-iodophenethylamine).
2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (also known as 2C-N or
2,5-Dimethoxy-4-nitrophenethylamine).
2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (also known as 2C-P
or 2,5-Dimethoxy-4-propylphenethylamine).
2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (also known as 2CT-2 or 2,5-Dimethoxy-4-ethylthiophenethylamine).
2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (also known as
2C-T-4 or 2,5-Dimethoxy-4-isopropylthiophenethylamine).
2-(4-bromo-2,5-dimethoxyphenyl)ethanamine (also known as 2C-B or
2,5-Dimethoxy-4-bromophenethylamine).
2-(2,5-dimethoxy-4-(methylthio)phenyl)ethanamine (also known as
2C-T or 4-methylthio-2,5-dimethoxyphenethylamine).
1-(2,5-dimethoxy-4-iodophenyl)-propan-2-amine (also known as DOI
or 2,5-Dimethoxy-4-iodoamphetamine).
1-(4-Bromo-2,5-dimethoxyphenyl)-2-aminopropane (also known as
DOB or 2,5-Dimethoxy-4-bromoamphetamine).
1-(4-chloro-2,5-dimethoxy-phenyl)propan-2-amine (also known as
DOC or 2,5-Dimethoxy-4-chloroamphetamine).
2-(4-bromo-2,5-dimethoxyphenyl)-N-[(2methoxyphenyl)methyl]ethanamine (also known as 2C-B-NBOMe;
2,5B-NBOMe
or
2,5-Dimethoxy-4-bromo-N-(2methoxybenzyl)phenethylamine).
2-(4-iodo-2,5-dimethoxyphenyl)-N-[(2
-methoxyphenyl)methyl]ethanamine (also known as 2C-I-NBOMe;
2,5I-NBOMe
or
2,5-Dimethoxy-4-iodo-N-(2methoxybenzyl)phenethylamine).
N-(2-Methoxybenzyl)-2-(3,4,5-trimethoxyphenyl)ethanamine
(also
known
as
mescaline-NBOMe
or
3,4,5-trimethoxy-N-(2methoxybenzyl)phenethylamine).
2-(4-chloro-2,5-dimethoxyphenyl)-N-[(2methoxyphenyl)methyl]ethanamine (also known as 2C-C-NBOMe;
2,5C-NBOMe
or
2,5-Dimethoxy-4-chloro-N-(2methoxybenzyl)phenethylamine).
2-(7-Bromo-5-methoxy-2,3-dihydro-1-benzofuran-4-yl)ethanamine
(also known as 2CB-5-hemiFLY).
2-(8-bromo-2,3,6,7-tetrahydrofuro
[2,3-f][1]benzofuran-4yl)ethanamine (also known as 2C-B-FLY).
2-(10-Bromo-2,3,4,7,8,9-hexahydropyrano[2,3-g]chromen-5yl)ethanamine (also known as 2C-B-butterFLY).
N-(2-Methoxybenzyl)-1-(8-bromo-2,3,6,7-tetrahydrobenzo[1,2-b:4,5b']difuran-4-yl)-2-aminoethane (also known as 2C-B-FLY-NBOMe).
1-(4-Bromofuro[2,3-f][1]benzofuran-8-yl)propan-2-amine (also known
as bromo-benzodifuranyl-isopropylamine or bromo-dragonFLY).
N-(2-Hydroxybenzyl)-4-iodo-2,5-dimethoxyphenethylamine
(also
known as 2C-I-NBOH or 2,5I-NBOH).
5-(2-Aminopropyl)benzofuran (also known as 5-APB).
6-(2-Aminopropyl)benzofuran (also known as 6-APB).
5-(2-Aminopropyl)-2,3-dihydrobenzofuran (also known as 5-APDB).
6-(2-Aminopropyl)-2,3,-dihydrobenzofuran (also known as 6-APDB).
2,5-dimethoxy-amphetamine (also known as 2,5-dimethoxy-amethylphenethylamine; 2,5-DMA).
2,5-dimethoxy-4-ethylamphetamine (also known as DOET).
Page No. 10
(ee)
6.
2,5-dimethoxy-4-(n)-propylthiophenethylamine (also known as 2C-T7).
(ff) 5-methoxy-3,4-methylenedioxy-amphetamine.
(gg) 4-methyl-2,5-dimethoxy-amphetamine (also known as 4-methyl-2,5dimethoxy-a-methylphenethylamine; DOM and STP).
(hh) 3,4-methylenedioxy amphetamine (also known as MDA).
(ii) 3,4-methylenedioxymethamphetamine (also known as MDMA).
(jj) 3,4-methylenedioxy-N-ethylamphetamine (also known as N-ethylalpha-methyl-3,4(methylenedioxy)phenethylamine, MDE, MDEA).
(kk) 3,4,5-trimethoxy amphetamine.
(ll) Mescaline (also known as 3,4,5-trimethoxyphenethylamine).
q. Substituted tryptamines. This includes any compound, unless specifically
excepted, specifically named in this schedule, or listed under a different schedule,
structurally derived from 2-(1H-indol-3-yl)ethanamine (i.e., tryptamine) by monoor di-substitution of the amine nitrogen with alkyl or alkenyl groups or by inclusion
of the amino nitrogen atom in a cyclic structure whether or not the compound is
further substituted at the alpha-position with an alkyl group or whether or not
further substituted on the indole ring to any extent with any alkyl, alkoxy, halo,
hydroxyl, or acetoxy groups. Examples include:
(1) 5-methoxy-N,N-diallyltryptamine (also known as 5-MeO-DALT).
(2) 4-acetoxy-N,N-dimethyltryptamine (also known as 4-AcO-DMT or OAcetylpsilocin).
(3) 4-hydroxy-N-methyl-N-ethyltryptamine (also known as 4-HO-MET).
(4) 4-hydroxy-N,N-diisopropyltryptamine (also known as 4-HO-DIPT).
(5) 5-methoxy-N-methyl-N-isopropyltryptamine (also known as 5-MeO-MiPT).
(6) 5-methoxy-N,N-dimethyltryptamine (also known as 5-MeO-DMT).
(7) Bufotenine (also known as 3-(Beta-Dimethyl-aminoethyl)-5-hydroxyindole;
3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin; 5-hydroxy-N,Ndimethyltryptamine; mappine).
(8) 5-methoxy-N,N-diisopropyltryptamine (also known as 5-MeO-DiPT).
(9) Diethyltryptamine (also known as N,N-Diethyltryptamine; DET).
(10) Dimethyltryptamine (also known as DMT).
(11) Psilocyn.
r. 1-[3-(trifluoromethylphenyl)]piperazine (also known as TFMPP).
s. 1-[4-(trifluoromethylphenyl)]piperazine.
t. 6,7-dihydro-5H-indeno-(5,6-d)-1,3-dioxol-6-amine
(also
known
as
5,6Methylenedioxy-2-aminoindane or MDAI).
u. 2-(Ethylamino)-2-(3-methoxyphenyl)cyclohexanone
(also
known
as
Methoxetamine or MXE).
v. Ethylamine
analog
of
phencyclidine
(also
known
as
N-ethyl-1phenylcyclohexylamine, (1-phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl)
ethylamine, cyclohexamine, PCE).
w. Pyrrolidine analog of phencyclidine (also known as 1-(1-phenylcyclohexyl)pyrrolidine, PCPy, PHP).
x. Thiophene analog of phencyclidine (also known as (1-[1-(2-thienyl) cyclohexyl]
piperidine; 2-Thienylanalog of phencyclidine; TPCP, TCP).
y. 1-[1-(2-thienyl)cyclohexyl]pyrrolidine (also known as TCPy).
z. Salvia divinorum, salvinorin A, or any of the active ingredients of salvia divinorum.
Depressants. Unless specifically excepted or unless listed in another schedule, any
material compound, mixture, or preparation which contains any quantity of the
following substances having a depressant effect on the central nervous system,
whenever the existence of such salts, isomers, and salts of isomers is possible within
the specific chemical designation:
a. Flunitrazepam.
b. Gamma-hydroxybutyric acid.
c. Mecloqualone.
Page No. 11
7.
d. Methaqualone.
Stimulants. Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any quantity of the
following substances having a stimulant effect on the central nervous system, including
its salts, isomers, and salts of isomers:
a. Aminorex (also known as 2-amino-5-phenyl-2-oxazoline, or 4,5-dihydro-5-phenyl2-oxazolamine).
b. Cathinone.
c. Substituted cathinones. Any compound, material, mixture, preparation, or other
product, unless listed in another schedule or an approved food and drug
administration drug (e.g., buproprion, pyrovalerone), structurally derived from 2aminopropan-1-one by substitution at the 1-position with either phenyl, naphthyl,
or thiophene ring systems, whether or not the compound is further modified in
any of the following ways:
(1) By substitution in the ring system to any extent with alkyl, alkylenedioxy,
alkoxy, haloalkyl, hydroxyl, or halide substituents, whether or not further
substituted in the ring system by one or more other univalent substitutents;
(2) By substitution at the 3-position with an acyclic alkyl substituent;
(3) By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or
methoxybenzyl groups; or
(4) By inclusion of the 2-amino nitrogen atom in a cyclic structure.
Some trade or other names:
(a) 3,4-Methylenedioxy-alpha-pyrrolidinopropiophenone (also known as
MDPPP).
(b) 3,4-Methylenedioxy-N-ethylcathinone (also known as Ethylone,
MDEC, or bk-MDEA).
(c) 3,4-Methylenedioxy-N-methylcathinone (also known as Methylone or
bk-MDMA).
(d) 3,4-Methylenedioxypyrovalerone (also known as MDPV).
(e) 3,4-Dimethylmethcathinone (also known as 3,4-DMMC).
(f) 2-(methylamino)-1-phenylpentan-1-one (also known as Pentedrone).
(g) 2-Fluoromethcathinone.
(h) 3-Fluoromethcathinone.
(i) 4-Methylethcathinone (also known as 4-MEC).
(j) 4-Fluoromethcathinone (also known as Flephedrone).
(k) 4-Methoxy-alpha-pyrrolidinopropiophenone (also known as MOPPP).
(l) 4-Methoxymethcathinone (also known as Methedrone; bk-PMMA).
(m) 4'-Methyl-alpha-pyrrolidinobutiophenone (also known as MPBP).
(n) Alpha-methylamino-butyrophenone (also known as Buphedrone or
MABP).
(o) Alpha-pyrrolidinobutiophenone (also known as alpha-PBP).
(p) Alpha-pyrrolidinopropiophenone (also known as alpha-PPP).
(q) Alpha-pyrrolidinopentiophenone
(also
known
as
Alphapyrrolidinovalerophenone or alpha-PVP).
(r) Beta-keto-N-methylbenzodioxolylbutanamine (also known as Butylone
or bk-MBDB).
(s) Ethcathinone (also known as N-Ethylcathinone).
(t) 4-Methylmethcathinone (also known as Mephedrone or 4-MMC).
(u) Methcathinone.
(v) N,N-dimethylcathinone (also known as metamfepramone).
(w) Naphthylpyrovalerone (naphyrone).
d. Fenethylline.
e. Fluoroamphetamine.
f. Fluoromethamphetamine.
g. (±)cis-4-methylaminorex (also known as (±)cis-4,5-dihydro-4-methyl-5-phenyl-2oxazolamine).
Page No. 12
h.
i.
j.
N-Benzylpiperazine (also known as BZP, 1-benzylpiperazine).
N-ethylamphetamine.
N,
N-dimethylamphetamine
(also
known
as
N,N-alpha-trimethylbenzeneethanamine; N,N-alpha-trimethylphenethylamine).
19-03.1-06. Schedule II tests.
The board shall place a substance in schedule II if it finds that:
1. The substance has high potential for abuse;
2. The substance has currently accepted medical use in treatment in the United States or
currently accepted medical use with severe restrictions; and
3. The abuse of the substance may lead to severe psychic or physical dependence.
19-03.1-07. Schedule II.
1. The controlled substances listed in this section are included in schedule II.
2. Schedule II consists of the drugs and other substances, by whatever official name,
common or usual name, chemical name, or brand name designated, listed in this
section.
3. Substances, vegetable origin or chemical synthesis. Unless specifically excepted or
unless listed in another schedule, any of the following substances 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, excluding apomorphine, dextrorphan, nalbuphine, nalmefene, naloxone,
and naltrexone and their respective salts, but including the following:
(1) Codeine.
(2) Dihydroetorphine.
(3) Ethylmorphine.
(4) Etorphine hydrochloride.
(5) Granulated opium.
(6) Hydrocodone.
(7) Hydromorphone.
(8) Metopon.
(9) Morphine.
(10) Opium extracts.
(11) Opium fluid.
(12) Oripavine.
(13) Oxycodone.
(14) Oxymorphone.
(15) Powder opium.
(16) Raw opium.
(17) Thebaine.
(18) Tincture of opium.
b. Any salt, compound, 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,
including cocaine and ecgonine and their salts, isomers, derivatives, and salts of
isomers and derivatives, and any salt, compound, derivative, or preparation
thereof that is chemically equivalent or identical with any of these substances,
except that the nondosage substances must include decocainized coca leaves or
extractions of coca leaves which do not contain cocaine or ecgonine.
e. Concentrate of poppy straw (the crude extract of poppy straw in either liquid,
solid, or powder form which contains the phenanthrine alkaloids of the opium
poppy).
Page No. 13
4.
Opiates. Unless specifically excepted or unless in another schedule, any of the
following opiates, including their isomers, esters, ethers, salts, and salts of isomers,
esters, and ethers whenever the existence of those isomers, esters, ethers, and salts
is possible within the specific chemical designation, dextrophan and levopropoxyphene
excepted:
a. Alfentanil.
b. Alphaprodine.
c. Anileridine.
d. Bezitramide.
e. Bulk dextropropoxyphene (nondosage forms).
f. Carfentanil.
g. Dihydrocodeine.
h. Diphenoxylate.
i. Fentanyl.
j. Isomethadone.
k. Levo-alphaacetylmethadol (LAAM).
l. Levomethorphan.
m. Levorphanol.
n. Metazocine.
o. Methadone.
p. Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane.
q. Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic
acid.
r. Pethidine (also known as meperidine).
s. Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine.
t. Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate.
u. Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid.
v. Phenazocine.
w. Priminodine.
x. Racemethorphan.
y. Racemorphan.
z. Remifentanil.
aa. Sufentanil.
bb. Tapentadol.
5. Stimulants. Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any quantity of the
following substances having a stimulant effect on the central nervous system:
a. Amphetamine, its salts, optical isomers, and salts of its optical isomers.
b. Lisdexamfetamine, its salts, isomers, and salts of isomers.
c. Methamphetamine, its salts, isomers, and salts of isomers.
d. Phenmetrazine and its salts.
e. Methylphenidate.
6. Depressants. Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any quantity of the
following substances having a depressant effect on the central nervous system,
including its salts, isomers, and salts of isomers whenever the existence of such salts,
isomers, and salts of isomers is possible within the specific chemical designation:
a. Amobarbital.
b. Glutethimide.
c. Pentobarbital.
d. Phencyclidine.
e. Secobarbital.
7. Hallucinogenic substances. Nabilone [another name for nabilone (±)-trans-3-(1,
1-dimethylheptyl)-6, 6a, 7, 8, 10, 10a-hexahydro-1-hydroxy-6, 6-dimethyl-9Hdibenzo
[b, d] pyran-9-one].
Page No. 14
8.
Immediate precursors. Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation that contains any quantity
of the following substances:
a. Immediate precursor to amphetamine and methamphetamine: Phenylacetone.
Some trade or other names: phenyl-2-propanone; P2P, benzyl methyl ketone;
methyl benzyl ketone.
b. Immediate precursors to phencyclidine (PCP):
(1) 1-phenylcyclohexylamine.
(2) 1-piperidinocyclohexanecarbonitrile (PCC).
c. Immediate precursors to fentanyl: 4-anilino-N-phenethyl-4-piperidine (ANPP).
19-03.1-08. Schedule III tests.
The board shall place a substance in schedule III if it finds that:
1. The substance has a potential for abuse less than the substances listed in schedules I
and II;
2. The substance has currently accepted medical use in treatment in the United States;
and
3. Abuse of the substance may lead to moderate or low physical dependence or high
psychological dependence.
19-03.1-09. Schedule III.
1. The controlled substances listed in this section are included in schedule III.
2. Schedule III consists of the drugs and other substances, by whatever official name,
common or usual name, chemical name, or brand name designated, listed in this
section.
3. Stimulants. Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any quantity of the
following substances having a stimulant effect on the central nervous system, including
its salts, isomers (whether optical, position, or geometric), and salts of such isomers
whenever the existence of such salts, isomers, and salts of isomers is possible within
the specific chemical designation:
a. Those compounds, mixtures, or preparations in dosage unit form containing any
stimulant substances listed in schedule II and any other drug of the quantitative
composition shown in that schedule for those drugs or which is the same except
that it contains a lesser quantity of controlled substances.
b. Benzphetamine.
c. Chlorphentermine.
d. Clortermine.
e. Phendimetrazine.
4. Depressants. Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation that contains any quantity of the following
substances having a depressant effect on the central nervous system:
a. Any compound, mixture, or preparation containing:
(1) Amobarbital;
(2) Secobarbital;
(3) Pentobarbital;
or any salt thereof and one or more other active medicinal ingredients which are
not listed in any schedule.
b. Any suppository dosage form containing:
(1) Amobarbital;
(2) Secobarbital;
(3) Pentobarbital;
or any salt of any of these drugs and approved by the food and drug
administration for marketing only as a suppository.
Page No. 15
c.
5.
6.
7.
Any substance that contains any quantity of a derivative of barbituric acid, or any
salt of a derivative of barbituric acid, except those substances which are
specifically listed in other schedules thereof.
d. Chlorhexadol.
e. Embutramide.
f. Gamma-hydroxybutyric acid in a United States food and drug administrationapproved drug product.
g. Ketamine.
h. Lysergic acid.
i. Lysergic acid amide.
j. Methyprylon.
k. Sulfondiethylmethane.
l. Sulfonethylmethane.
m. Sulfonmethane.
n. Tiletamine and zolazepam or any salt thereof. Some trade or other names for a
tiletamine-zolazepam combination product: Telazol. Some trade or other names
for tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone. Some trade or other
names for zolazepam: 4-2(2-fluorophenyl)-6, 8-dihydro-1,3,8-trimethylpyrazolo[3,4-e][1,4]-diazepin-7(1H)-one, flupyrazapon.
Nalorphine.
Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation that contains any of the following narcotic
drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited
quantities as set forth below:
a. (1) Not more than 1.80 grams of codeine per 100 milliliters or not more than
90 milligrams per dosage unit, with an equal or greater quantity of an
isoquinoline alkaloid of opium.
(2) Not more than 1.80 grams of codeine per 100 milliliters or not more than
90 milligrams per dosage unit, with one or more active, nonnarcotic
ingredients in recognized therapeutic amounts.
(3) Not more than 300 milligrams of hydrocodone per 100 milliliters or not more
than 15 milligrams per dosage unit, with a fourfold or greater quantity of an
isoquinoline alkaloid of opium.
(4) Not more than 300 milligrams of hydrocodone per 100 milliliters or not more
than 15 milligrams per dosage unit, with one or more active, nonnarcotic
ingredients in recognized therapeutic amounts.
(5) Not more than 1.80 grams of dihydrocodeine per 100 milliliters or not more
than 90 milligrams per dosage unit, with one or more active, nonnarcotic
ingredients in recognized therapeutic amounts.
(6) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not
more than 15 milligrams per dosage unit, with one or more active,
nonnarcotic ingredients in recognized therapeutic amounts.
(7) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams,
or not more than 25 milligrams per dosage unit, with one or more active,
nonnarcotic ingredients in recognized therapeutic amounts.
(8) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams
with one or more active, nonnarcotic ingredients in recognized therapeutic
amounts.
b. Buprenorphine.
Anabolic steroids. Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture, or preparation that contains any of the following
anabolic steroids:
a. 3beta,17-dihydroxy-5a-androstane;
b. 3alpha,17beta-dihydroxy-5a-androstane;
c. 5alpha-androstan-3,17-dione;
d. 1-androstenediol (3beta,17beta-dihydroxy-5alpha-androst-1-ene);
Page No. 16
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
q.
r.
s.
t.
u.
v.
w.
x.
y.
z.
aa.
bb.
cc.
dd.
ee.
ff.
gg.
hh.
ii.
jj.
kk.
ll.
mm.
nn.
oo.
pp.
qq.
rr.
ss.
tt.
uu.
vv.
ww.
xx.
yy.
zz.
aaa.
1-androstenediol (3alpha,17beta-dihydroxy-5alpha-androst-1-ene);
4-androstenediol (3beta,17beta-dihydroxy-4-ene);
5-androstenediol (3beta,17beta-dihydroxy-androst-5-ene);
1-androstenedione ([5alpha]-androst-1-en-3,17-dione);
4-androstenedione (androst-4-en-3,17-dione);
5-androstenedione (androst-5-en-3,17-dione);
Bolasterone (7alpha,17alpha-dimethyl-17beta-hydroxyandrost-4-en-3-one);
Boldenone (17beta-hydroxyandrost-1,4,-diene-3-one);
Boldione (androsta-1,4-diene-3,17-dione);
Calusterone (7beta,17alpha-dimethyl-17beta-hydroxyandrost-4-en-3-one);
Clostebol (4-chloro-17beta-hydroxyandrost-4-en-3-one);
Dehydrochloromethyltestosterone
(4-chloro-17beta-hydroxy-17alpha-methylandrost-1,4-dien-3-one);
Delta-1-dihydrotestosterone (also known as '1-testosterone') (17beta-hydroxy5alpha-androst-1-en-3-one);
Desoxymethyltestosterone (17a-methyl-5a-androst-2-en-17ol) (also known as
madol);
4-dihydrotestosterone (17beta-hydroxy-androstan-3-one);
Drostanolone (17beta-hydroxy-2alpha-methyl-5alpha-androstan-3-one);
Ethylestrenol (17alpha-ethyl-17beta-hydroxyestr-4-ene);
Fluoxymesterone (9-fluoro-17alpha-methyl-11beta, 17beta-dihydroxyandrost-4en-3-one);
Formebolone (2-formyl-17alpha-methyl-11alpha, 17beta-dihydroxyandrost-1,4dien-3-one);
Furazabol (17alpha-methyl-17beta-hydroxyandrostano[2,3-c]-furazan);
13beta-ethyl-17alpha-hydroxygon-4-en-3-one;
4-hydroxytestosterone (4,17beta-dihydroxy-androst-4-en-3-one);
4-hydroxy-19-nortestosterone (4,17beta-dihydroxy-estr-4-en-3-one);
Mestanolone (17alpha-methyl-17beta-hydroxy-5-androstan-3-one);
Mesterolone (1alpha-methyl-17beta-hydroxy-[5alpha]-androstan-3-one);
Methandienone (17alpha-methyl-17beta-dihydroxyandrost-1,4-dien-3-one);
Methandriol (17alpha-methyl-3beta,17beta-dihydroxyandrost-5-ene);
Methasterone (2[alpha],17[alpha]-dimethyl-5[alpha]-androstan-17[beta]-ol-3-one);
Methenolone (1-methyl-17beta-hydroxy-5alpha-androst-1-en-3-one);
17alpha-methyl-3beta,17beta-dihydroxy-5a-androstane;
17alpha-methyl-3alpha,17beta-dihydroxy-5a-androstane;
17alpha-methyl-3beta,17beta-dihyroxyandrost-4-ene;
17alpha-methyl-4-hydroxynandrolone
(17alpha-methyl-4-hydroxy-17betahydroxyestr-4-en-3-one);
Methyldienolone (17alpha-methyl-17beta-hydroxyestra-4,9(10)-dien-3-one);
Methyltrienolone (17alpha-methyl-17beta-hydroxyestra-4,9(11)-trien-3-one);
Methyltestosterone (17alpha-methyl-17beta-hydroxyandrost-4-en-3-one);
Mibolerone (7alpha,17alpha-dimethyl-17beta-hydroxyestr-4-en-3-one);
17alpha-methyl-delta1-dihydrotestosterone
(17bbeta-hydroxy-17alpha-methyl5alpha-androst-1-en-3-one) (also known as '17-alpha-methyl-1-testosterone');
Nandrolone (17beta-hydroxyestr-4-en-3-one);
19-nor-4-androstenediol (3beta,17beta-dihydroxyestr-4-ene);
19-nor-4-androstenediol (3alpha,17beta-dihydroxyestr-4-ene);
19-nor-5-androstenediol (3beta,17beta-dihydroxyestr-5-ene);
19-nor-5-androstenediol (3alpha,17-beta-dihydroxyester-5-ene);
19-nor-4-androstenedione (estr-4-en-3,17-dione);
19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione);
19-nor-5-androstenedione (estr-5-en-3,17-dione);
Norboletheone (13beta,17alpha-diethyl-17beta-hydroxygon-4-en-3-one);
Norclostebol (4-chloro-17beta-hydroxyestr-4-en-3-one);
Norethandrolone (17alpha-ethyl-17beta-hydroxyestr-4-en-3-one);
Page No. 17
bbb.
ccc.
ddd.
eee.
Normethandrolone (17alpha-methyl-17beta-hydroxyestr-4-en-3-one);
Oxandrolone (17alpha-methyl-17beta-hydroxy-2-oxa-[5alpha]-androstan-3-one);
Oxymesterone (17alpha-methyl-4-17beta-dihydroxyandrost-4-en-3-one);
Oxymetholone (17alpha-methyl-2-hydroxymethylene-17beta-hydroxy [5alpha]androstan-3-one);
fff. Stanozolol
(17alpha-methyl-17beta-hydroxy[5alpha]-androst-2-eno[3,2-c]pyrazole);
ggg. Stenbolone (17beta-hydroxy-2-methyl-[5alpha]-androst-1-en-3-one);
hhh. Prostanozol (17[beta]- hydroxy-5[alpha]-androstano[3,2-c]pyrazole);
iii. Testolactone
(13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic
acid
lactone);
jjj. Testosterone (17beta-hydroxyandrost-4-en-3-one);
kkk. Tetrahydrogestrinone (13beta,17alpha-diethyl-17beta-hydroxygon-4,9,11-trien-3one);
lll. Trenbolone (17beta-hydroxyestr-4,9,11-trien-3-one);
or any salt, ester, or isomer of a drug or substance described or listed in this
subsection, if that salt, ester, or isomer promotes muscle growth.
The term does not include an anabolic steroid that is expressly intended for
administration through implants to cattle or other nonhuman species and which has
been approved by the secretary of health and human services for administration
unless any person prescribes, dispenses, possesses, delivers, or distributes for
human use.
8. Hallucinogenic substances.
a. Dronabinol (synthetic) [(-)-delta-9-(trans)-tetrahydrocannabinol] in sesame oil and
encapsulated in a soft gelatin capsule in a United States food and drug
administration-approved drug product.
b. Any product in hard or soft gelatin capsule form containing natural dronabinol
(derived from the cannabis plant) or synthetic dronabinol (produced from
synthetic materials) in sesame oil, for which an abbreviated new drug application
has been approved by the food and drug administration under section 505(j) of
the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 355(j)] which references as
its listed drug the drug product referred to in subdivision a.
9. The board may except by rule any compound, mixture, or preparation containing any
stimulant or depressant substance listed in subsections 3 and 4 from the application of
all or any part of this chapter if the compound, mixture, or preparation contains one or
more active medicinal ingredients not having a stimulant or depressant effect on the
central nervous system, and if the admixtures are included therein in combinations,
quantity, proportion, or concentration that vitiate the potential for abuse of the
substances which have a stimulant or depressant effect on the central nervous
system.
19-03.1-10. Schedule IV tests.
The board shall place a substance in schedule IV if it finds that:
1. The substance has a low potential for abuse relative to substances in schedule III;
2. The substance has currently accepted medical use in treatment in the United States;
and
3. Abuse of the substance may lead to limited physical dependence or psychological
dependence relative to the substances in schedule III.
19-03.1-11. Schedule IV.
1. The controlled substances listed in this section are included in schedule IV.
2. Schedule IV consists of the drugs and other substances, by whatever official name,
common or usual name, chemical name, or brand name designated, listed in this
section.
3. Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation containing any of the following narcotic
Page No. 18
drugs or their salts calculated as the free anhydrous base or alkaloid, in limited
quantities as set forth below:
a. Not more than 1 milligram of difenoxin and not less than 25 micrograms of
atropine sulfate per dosage unit.
b. Dextropropoxyphene (also known as alpha-(+)-4-dimethylamino- 1,2-diphenyl-3methyl-2-propionoxybutane).
c. Tramadol.
4. Depressants. Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation containing any quantity of the following
substances, including their salts, isomers, and salts of isomers whenever the
existence of those salts, isomers, and salts of isomers is possible within the specific
chemical designation:
a. Alprazolam.
b. Barbital.
c. Bromazepam.
d. Camazepam.
e. Carisoprodol.
f. Chloral betaine.
g. Chloral hydrate.
h. Chlordiazepoxide.
i. Clobazam.
j. Clonazepam.
k. Clorazepate.
l. Clotiazepam.
m. Cloxazolam.
n. Delorazepam.
o. Diazepam.
p. Dichloralphenazone.
q. Estazolam.
r. Ethchlorvynol.
s. Ethinamate.
t. Ethyl loflazepate.
u. Fludiazepam.
v. Flurazepam.
w. Fospropofol.
x. Halazepam.
y. Haloxazolam.
z. Indiplon.
aa. Ketazolam.
bb. Loprazolam.
cc. Lorazepam.
dd. Lorcaserin.
ee. Lormetazepam.
ff. Mebutamate.
gg. Medazepam.
hh. Meprobamate.
ii. Methohexital.
jj. Methylphenobarbital (also known as mephobarbital).
kk. Midazolam.
ll. Nimetazepam.
mm. Nitrazepam.
nn. Nordiazepam.
oo. Oxazepam.
pp. Oxazolam.
qq. Paraldehyde.
rr. Petrichloral.
Page No. 19
ss. Phenobarbital.
tt. Pinazepam.
uu. Propofol.
vv. Prazepam.
ww. Quazepam.
xx. Temazepam.
yy. Tetrazepam.
zz. Triazolam.
aaa. Zaleplon.
bbb. Zolpidem.
ccc. Zopiclone.
5. Fenfluramine. Any material, compound, mixture, or preparation which contains any
quantity of the following substances, including its salts, isomers (whether optical,
position, or geometric), and salts of such isomers, whenever the existence of such
salts, isomers, and salts of isomers is possible: Fenfluramine.
6. Stimulants. Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any quantity of the
following substances having a stimulant effect on the central nervous system, including
its salts, isomers, and salts of isomers:
a. Cathine.
b. Diethylpropion.
c. Fencamfamin.
d. Fenproporex.
e. Mazindol.
f. Mefenorex.
g. Modafinil.
h. Pemoline (including organometallic complexes and chelates thereof).
i. Phentermine.
j. Pipradrol.
k. Sibutramine.
l. SPA ((-)-1-dimethylamino-1, 2-diphenylethane).
7. Other substances. Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture, or preparation which contains any quantity of:
a. Pentazocine, including its salts.
b. Butorphanol, including its optical isomers.
8. The board may except by rule any compound, mixture, or preparation containing any
depressant substance listed in subsection 2 from the application of all or any part of
this chapter if the compound, mixture, or preparation contains one or more active
medicinal ingredients not having a depressant effect on the central nervous system,
and if the admixtures are included therein in combinations, quantity, proportion, or
concentration that vitiate the potential for abuse of the substances which have a
depressant effect on the central nervous system.
19-03.1-12. Schedule V tests.
The board shall place a substance in schedule V if it finds that:
1. The substance has low potential for abuse relative to the controlled substances listed
in schedule IV;
2. The substance has currently accepted medical use in treatment in the United States;
and
3. The substance has limited physical dependence or psychological dependence liability
relative to the controlled substances listed in schedule IV.
19-03.1-13. Schedule V.
1. The controlled substances listed in this section are included in schedule V.
Page No. 20
2.
3.
4.
5.
6.
Schedule V consists of the drugs and other substances, by whatever official name,
common or usual name, chemical name, or brand name designated, listed in this
section.
Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation containing any of the following narcotic
drugs and their salts.
Narcotic drugs containing nonnarcotic active medicinal ingredients. Any compound,
mixture, or preparation containing any of the following narcotic drugs, or their salts
calculated as the free anhydrous base or alkaloid, in limited quantities as set forth
below, which includes one or more nonnarcotic active medicinal ingredients in
sufficient proportion to confer upon the compound, mixture, or preparation valuable
medicinal qualities other than those possessed by narcotic drugs alone.
a. Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams.
b. Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per
100 grams.
c. Not more than 100 milligrams of ethylmorphine per 100 milliliters or per
100 grams.
d. Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms
of atropine sulfate per dosage unit.
e. Not more than 100 milligrams of opium per 100 milliliters or per 100 grams.
f. Not more than 0.5 milligram of difenoxin and not less than 25 micrograms of
atropine sulfate per dosage unit.
Depressants. Unless specifically exempted or excluded or unless listed in another
schedule, any material, compound, mixture, or preparation that contains any quantity
of the following substances having a depressant effect on the central nervous system,
including its salts, isomers, and salts of isomers whenever the existence of such salts,
isomers, and salts of isomers is possible:
a. Ezogabine N-[2-amino-4-(4-fluorobenzylamino)-phenyl]-carbamic acid ethyl ester.
b. Lacosamide [(R)-2-acetoamido-N-benzyl-3-methoxy-propionamide].
c. Pregabalin [(S)-3-(aminomethyl)-5-methylhexanoic acid].
Stimulants. Unless specifically exempted or excluded or unless listed in another
schedule, any material, compound, mixture, or preparation containing any quantity of
the following substances having a stimulant effect on the central nervous system,
including their salts, isomers, and salts of isomers: Pyrovalerone.
19-03.1-14. Republishing of schedules.
The board shall revise and republish the schedules annually.
19-03.1-15. Rules.
The board may adopt rules pursuant to chapter 28-32 and charge reasonable fees relating
to the registration and control of the manufacture, distribution, and dispensing of controlled
substances within this state.
19-03.1-16. Registration requirements.
1. Every person who manufactures, distributes, or dispenses any controlled substance
within this state or who proposes to engage in the manufacture, distribution, or
dispensing of any controlled substance within this state shall obtain annually a
registration issued by the board in accordance with its rules.
2. Persons registered by the board under this chapter to manufacture, distribute,
dispense, or conduct research with controlled substances may possess, manufacture,
distribute, dispense, or conduct research with those substances to the extent
authorized by their registration and in conformity with the other provisions of this
chapter.
3. The following persons need not register and may lawfully possess controlled
substances under this chapter:
Page No. 21
a.
4.
5.
6.
An agent or employee of any registered manufacturer, distributor, or dispenser of
any controlled substance if an agent or employee is acting in the usual course of
an agent's or employee's business or employment.
b. A common or contract carrier or warehouseman, or an employee thereof, whose
possession of any controlled substance is in the usual course of business or
employment.
c. An ultimate user or a person in possession of any controlled substance pursuant
to a lawful order of a practitioner or in lawful possession of a schedule V
substance.
The board may waive by rule the requirement for registration of certain manufacturers,
distributors, or dispensers if it finds it consistent with the public health and safety.
A separate registration is required at each principal place of business or professional
practice where the applicant manufactures, distributes, or dispenses controlled
substances.
The board may inspect the establishment of a registrant or applicant for registration in
accordance with the rules of the board.
19-03.1-17. Registration.
1. The board shall register an applicant to manufacture or distribute controlled
substances included in sections 19-03.1-05, 19-03.1-07, 19-03.1-09, 19-03.1-11, and
19-03.1-13 unless it determines that the issuance of that registration would be
inconsistent with the public interest. In determining the public interest, the board shall
consider the following factors:
a. Maintenance of effective controls against diversion of controlled substances into
other than legitimate medical, scientific, or industrial channels;
b. Compliance with applicable state and local laws;
c. Any convictions of the applicant under any federal and state laws relating to any
controlled substance;
d. Past experience in the manufacture or distribution of controlled substances and
the existence in the applicant's establishment of effective controls against
diversion;
e. Furnishing by the applicant of false or fraudulent material in any application filed
under this chapter;
f. Suspension or revocation of the applicant's federal registration to manufacture,
distribute, or dispense controlled substances as authorized by federal law; and
g. Any other factors relevant to and consistent with the public health and safety.
2. Registration under subsection 1 does not entitle a registrant to manufacture and
distribute controlled substances in schedule I or II other than those specified in the
registration.
3. Practitioners must be registered to dispense any controlled substances or to conduct
research with controlled substances in schedules II through V if they are authorized to
dispense or conduct research under the laws of this state. The board need not require
separate registration under this chapter for practitioners engaging in research with
nonnarcotic controlled substances in schedules II through V where the registrant is
already registered under this chapter in another capacity. Practitioners registered
under federal law to conduct research with schedule I substances may conduct
research with schedule I substances within this state upon furnishing the state
department of health evidence of that federal registration.
4. Compliance by manufacturers and distributors with the provisions of the federal law
respecting registration (excluding fees) entitles them to be registered under this
chapter.
19-03.1-17.1. Criminal history record checks.
The board may require an applicant for registration or a registrant whose registration is
subject to revocation or suspension or employees or officers of an applicant or registrant to
submit to a statewide and nationwide criminal history record check. The nationwide criminal
Page No. 22
history record check must be conducted in the manner provided by section 12-60-24. All costs
associated with obtaining a background check are the responsibility of the applicant or
registrant.
19-03.1-18. Revocation and suspension of registration.
1. A registration under section 19-03.1-17 to manufacture, distribute, or dispense a
controlled substance may be suspended or revoked by the board upon a finding that
the registrant:
a. Has furnished false or fraudulent material information in any application filed
under this chapter;
b. Has been convicted of a felony under any state or federal law relating to any
controlled substance; or
c. Has had the registrant's federal registration suspended or revoked to
manufacture, distribute, or dispense controlled substances.
2. The board may limit revocation or suspension of a registration to the particular
controlled substance with respect to which grounds for revocation or suspension exist.
3. If the board suspends or revokes a registration, all controlled substances owned or
possessed by the registrant at the time of suspension or the effective date of the
revocation order may be placed under seal. No disposition may be made of
substances under seal until the time for taking an appeal has elapsed or until all
appeals have been concluded unless a court, upon application therefor, orders the
sale of perishable substances and the deposit of the proceeds of the sale with the
court. Upon a revocation order becoming final, all controlled substances may be
forfeited to the state.
4. The board shall promptly notify the bureau of all orders suspending or revoking
registration and all forfeitures of controlled substances.
19-03.1-19. Order to show cause.
1. Before denying, suspending, or revoking a registration, or refusing a renewal of
registration, the board shall serve upon the applicant or registrant an order to show
cause why registration should not be denied, revoked, or suspended, or why the
renewal should not be refused. The order to show cause must contain a statement of
the basis therefor and must call upon the applicant or registrant to appear before the
board at a time and place not less than thirty days after the date of service of the
order, but in the case of a denial or renewal of registration the show cause order must
be served not later than thirty days before the expiration of the registration. These
proceedings must be conducted in accordance with chapter 28-32 without regard to
any criminal prosecution or other proceeding. Proceedings to refuse renewal of
registration do not abate the existing registration which remains in effect pending the
outcome of the administrative hearing.
2. The board may suspend, without an order to show cause, any registration
simultaneously with the institution of proceedings under section 19-03.1-18, or where
renewal of registration is refused, if it finds that there is an imminent danger to the
public health or safety which warrants this action. The suspension continues in effect
until the conclusion of the proceedings, including judicial review thereof, unless sooner
withdrawn by the board or dissolved by a court of competent jurisdiction.
19-03.1-20. Records of registrants.
Persons registered to manufacture, distribute, or dispense controlled substances under this
chapter shall keep records and maintain inventories in conformance with the recordkeeping and
inventory requirements of federal law and with any additional rules the board issues.
19-03.1-20.1. Report of any theft or loss.
The registrant shall immediately, within one business day, notify the state board of
pharmacy of any theft or significant loss of controlled substances. This report may be
Page No. 23
telephoned, faxed, or e-mailed to the state board of pharmacy. In addition, significant loss has
been further defined to include a list of factors that are relevant in deciding whether a loss was
significant. This list is as follows:
1. The actual quantity of controlled substances lost in relation to the type of business;
2. The specific controlled substances lost;
3. Whether the loss of the controlled substances can be associated with access to those
controlled substances by specific individuals, or whether the loss can be attributed to
unique activities that may take place involving the controlled substances;
4. A pattern of losses over a specific time period, whether the losses appear to be
random, and the results of efforts taken to resolve the losses; and, if known
5. Whether specific controlled substances are likely candidates for diversion; and
6. Local trends and other indicators of the diversion potential of the missing controlled
substance.
19-03.1-21. Order forms.
Controlled substances in schedules I and II must be distributed by a registrant to another
registrant only pursuant to an order form. Compliance with the provisions of federal law
respecting order forms must be deemed compliance with this section.
19-03.1-22. Prescriptions.
1. Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate
user, no controlled substance in schedule II may be dispensed without the written
prescription of a practitioner. When the patient is a hospice patient or resides in a
licensed long-term care facility and the prescription has been signed by the practitioner
before faxing, the facsimile may serve as the original prescription without another
signature. The prescription may not be filled more than six months after the date it was
written.
2. In emergency situations, as defined by rule of the board, schedule II drugs may be
dispensed upon oral prescription of a practitioner, reduced promptly to writing, and
filed by the pharmacy. Prescriptions must be retained in conformity with the
requirements of section 19-03.1-20. No prescription for a schedule II substance may
be refilled.
3. Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate
user, a controlled substance included in schedule III or IV, which is a prescription drug
as determined under this chapter or chapter 19-02.1, may not be dispensed without a
written or oral prescription of a practitioner. The prescription may not be filled or refilled
more than six months after the date thereof or be refilled more than five times, unless
renewed by the practitioner. Any oral prescription for such drugs must be promptly
reduced to writing by the pharmacist, intern, or technician on a new prescription blank.
When the patient is a hospice patient or resides in a licensed long-term care facility
and the prescription has been signed by the practitioner before faxing, the facsimile
may serve as the original prescription without another signature.
4. Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate
user, no controlled substance included in schedule V must be dispensed without the
written or oral prescription of a practitioner. The prescription may not be filled or refilled
more than six months after the date thereof or be refilled more than five times unless
renewed by the practitioner. Any oral prescription for such compound, mixture, or
preparation must be promptly reduced to writing by the pharmacist, intern, or
technician on a new prescription blank. When the patient is a hospice patient or
resides in a licensed long-term care facility and the prescription has been signed by
the practitioner before faxing, the facsimile may serve as the original prescription
without another signature.
Page No. 24
19-03.1-22.1. Volatile chemicals - Inhalation of vapors prohibited - Definitions Penalty.
An individual is guilty of a class B misdemeanor if that individual intentionally inhales the
vapors of a volatile chemical in a manner designed to affect the individual's central nervous
system; to create or induce a condition of intoxication, hallucination, or elation; or to distort,
disturb, or change the individual's eyesight, thinking processes, balance, or coordination. This
section does not apply to inhalations specifically prescribed for medical, dental, or optometric
treatment purposes or to controlled substances described in this chapter. For the purposes of
this section, "volatile chemical" includes the following chemicals or their isomers:
1. Acetone.
2. Aliphatic hydrocarbons.
3. Amyl nitrite.
4. Butane.
5. Butyl nitrite.
6. Carbon tetrachloride.
7. Chlorinated hydrocarbons.
8. Chlorofluorocarbons.
9. Chloroform.
10. Cyclohexane.
11. Diethyl ether.
12. Ethyl acetate.
13. Fluorocarbon.
14. Glycol ether inter solvent.
15. Glycol ether solvent.
16. Hexane.
17. Ketone solvent.
18. Methanol.
19. Methyl cellosolve acetate.
20. Methyl ethyl ketone.
21. Methyl isobutyl ketone.
22. Nitrous oxide.
23. Petroleum distillate.
24. Toluene.
25. Trichloroethane.
26. Trichloroethylene.
27. Xylol or xylene.
19-03.1-22.2. Endangerment of child or vulnerable adult.
1. For purposes of this section:
a. "Chemical substance" means a substance intended to be used as a precursor in
the manufacture of a controlled substance or any other chemical intended to be
used in the manufacture of a controlled substance. Intent under this subsection
may be demonstrated by the substance's use, quantity, manner of storage, or
proximity to other precursors or to manufacturing equipment.
b. "Child" means an individual who is under the age of eighteen years.
c. "Controlled substance" means the same as that term is defined in section
19-03.1-01, except the term does not include less than one-half ounce of
marijuana.
d. "Drug paraphernalia" means the same as that term is defined in section
19-03.4-01.
e. "Prescription" means the same as that term is described in section 19-03.1-22.
f. "Vulnerable adult" means either a disabled adult or vulnerable elderly adult as
those terms are defined in section 12.1-31-07.
2. Unless a greater penalty is otherwise provided by law, a person who knowingly or
intentionally causes or permits a child or vulnerable adult to be exposed to, to ingest or
Page No. 25
3.
4.
inhale, or to have contact with a controlled substance, chemical substance, or drug
paraphernalia as defined in subsection 1, is guilty of a class C felony.
Unless a greater penalty is otherwise provided by law, a person who violates
subsection 2, and a child or vulnerable adult actually suffers bodily injury by exposure
to, ingestion of, inhalation of, or contact with a controlled substance, chemical
substance, or drug paraphernalia, is guilty of a class B felony unless the exposure,
ingestion, inhalation, or contact results in the death of the child or vulnerable adult, in
which case the person is guilty of a class A felony.
It is an affirmative defense to a violation of this section that the controlled substance
was provided by lawful prescription for the child or vulnerable adult and that it was
administered to the child or vulnerable adult in accordance with the prescription
instructions provided with the controlled substance.
19-03.1-22.3. Ingesting a controlled substance - Venue for violation - Penalty.
A person who intentionally ingests, inhales, or otherwise takes into the body a controlled
substance, unless the substance was obtained directly from a practitioner or pursuant to a valid
prescription or order of a practitioner while acting in the course of the practitioner's professional
practice, is guilty of a class A misdemeanor. The venue for a violation of this section exists in
either the jurisdiction in which the controlled substance was ingested, inhaled, or otherwise
taken into the body or the jurisdiction in which the controlled substance was detected in the
body of the accused.
19-03.1-22.4. Controlled substances dispensed by means of the internet.
1. As used in this section:
a. "Covering practitioner" means, with respect to a patient, a practitioner who
conducts a medical evaluation, other than an in-person medical evaluation, at the
request of a practitioner who:
(1) Has conducted at least one in-person medical evaluation of the patient or an
evaluation of the patient through the practice of telemedicine, within the
previous twenty-four months; and
(2) Is temporarily unavailable to conduct the evaluation of the patient.
b. "Deliver, distribute, or dispense by means of the internet" refers, respectively, to
delivery, distribution, or dispensing of a controlled substance that is caused or
facilitated by means of the internet.
c. "In-person medical evaluation" means a medical evaluation that is conducted with
the patient in the physical presence of the practitioner, without regard to whether
portions of the evaluation are conducted by other health professionals.
d. "Internet" and "practice of telemedicine" have the meanings set forth in the Ryan
Haight Online Pharmacy Consumer Protection Act of 2008 [Pub. L. 110-425; 21
U.S.C. 802-803].
e. "Valid prescription" means a prescription that is issued for a legitimate medical
purpose in the usual course of professional practice by a:
(1) Practitioner who has conducted at least one in-person medical evaluation of
the patient; or
(2) Covering practitioner.
2. A controlled substance that is a prescription drug may not be delivered, distributed, or
dispensed by means of the internet without a valid prescription, but nothing in this
subsection may be construed to imply that one in-person medical evaluation by itself
demonstrates that a prescription has been validly issued for a legitimate medical
purpose within the usual course of professional practice.
3. This section applies to the delivery, distribution, and dispensing of a controlled
substance by means of the internet from a location whether within or outside this state
to a person or an address in this state.
4. Nothing in this section applies to the delivery, distribution, or dispensing of a controlled
substance by a practitioner engaged in the practice of telemedicine in accordance with
applicable federal and state laws.
Page No. 26
5.
Nothing in this section may be construed as authorizing, prohibiting, or limiting the use
of electronic prescriptions for controlled substances.
19-03.1-22.5. Controlled substance analog use - Venue for violation - Penalty.
1. The use of controlled substance analog includes the ingestion, inhalation, absorption,
or any other method of taking the controlled substance analog into the body. An
individual who intentionally uses a controlled substance analog is guilty of a class C
felony, unless the individual obtains the analog directly from a practitioner or pursuant
to a valid prescription or order of a practitioner.
2. The venue for a violation under this section exists in the jurisdiction in which the
substance was used or in which the substance was detected.
19-03.1-23. Prohibited acts A - Mandatory terms of imprisonment and fines Unclassified offenses - Penalties.
1. Except as authorized by this chapter, it is unlawful for any person to willfully, as defined
in section 12.1-02-02, manufacture, deliver, or possess with intent to manufacture or
deliver, a controlled substance, or to deliver, distribute, or dispense a controlled
substance by means of the internet, but any person who violates section 12-46-24 or
12-47-21 may not be prosecuted under this subsection. Any person who violates this
subsection with respect to:
a. A controlled substance classified in schedule I or II which is a narcotic drug, or
methamphetamine, is guilty of a class A felony and must be sentenced:
(1) For a second offense, to imprisonment for at least five years.
(2) For a third or subsequent offense, to imprisonment for twenty years.
b. Any other controlled substance classified in schedule I, II, or III, or a controlled
substance analog is guilty of a class B felony. Except for a person who
manufactures, delivers, or possesses with the intent to manufacture or deliver
marijuana, any person found guilty under this subdivision must be sentenced:
(1) For a second offense, to imprisonment for at least three years.
(2) For a third or subsequent offense, to imprisonment for ten years.
c. A substance classified in schedule IV, is guilty of a class C felony and must be
sentenced:
(1) For a second offense, to imprisonment for at least six months.
(2) For a third offense, to imprisonment for at least one year.
(3) For a fourth or subsequent offense, to imprisonment for five years.
d. A substance classified in schedule V, is guilty of a class A misdemeanor.
2. Except as authorized by this chapter, it is unlawful for any person to willfully, as defined
in section 12.1-02-02, create, deliver, distribute, or dispense a counterfeit substance
by means of the internet or any other means, or possess with intent to deliver, a
counterfeit substance by means of the internet or any other means, but any person
who violates section 12-46-24 or 12-47-21 may not be prosecuted under this
subsection. Any person who violates this subsection with respect to:
a. A counterfeit substance classified in schedule I or II which is a narcotic drug, is
guilty of a class A felony.
b. Any other counterfeit substance classified in schedule I, II, or III, is guilty of a
class B felony.
c. A counterfeit substance classified in schedule IV, is guilty of a class C felony.
d. A counterfeit substance classified in schedule V, is guilty of a class A
misdemeanor.
3. For second or subsequent offenders, in addition to any other penalty imposed under
this section, a person who violates this chapter, except a person who manufactures,
delivers, or possesses with the intent to manufacture or deliver marijuana, is subject
to, and the court shall impose, the following penalties to run consecutively to any other
sentence imposed:
a. Any person, eighteen years of age or older, who violates this section by willfully
manufacturing, delivering, or possessing with intent to manufacture or deliver a
Page No. 27
4.
5.
6.
7.
8.
controlled substance in or on, or within one thousand feet [300.48 meters] of the
real property comprising a public or private elementary or secondary school or a
public career and technical education school is subject to an eight-year term of
imprisonment.
b. If the defendant was at least twenty-one years of age at the time of the offense,
and delivered a controlled substance to a person under the age of eighteen, the
defendant must be sentenced to imprisonment for at least eight years. It is not a
defense that the defendant did not know the age of a person protected under this
subdivision.
A person at least eighteen years of age who solicits, induces, intimidates, employs,
hires, or uses a person under eighteen years of age to aid or assist in the
manufacture, delivery, or possession with intent to manufacture or deliver a controlled
substance for the purpose of receiving consideration or payment for the manufacture
or delivery of any controlled substance is guilty of a class B felony and must be
sentenced:
a. For a second or subsequent offense, to imprisonment for at least five years.
b. It is not a defense to a violation of this subsection that the defendant did not know
the age of a person protected under this subsection.
A violation of this chapter or a law of another state or the federal government which is
equivalent to an offense under this chapter committed while the offender was an adult
and which resulted in a plea or finding of guilt must be considered a prior offense
under subsections 1, 3, and 4. The prior offense must be alleged in the complaint,
information, or indictment. The plea or finding of guilt for the prior offense must have
occurred before the date of the commission of the offense or offenses charged in the
complaint, information, or indictment.
It is unlawful for a person to willfully, as defined in section 12.1-02-02:
a. Serve as an agent, intermediary, or other entity that causes the internet to be
used to bring together a buyer and seller to engage in the delivery, distribution, or
dispensing of a controlled substance in a manner not authorized by this chapter;
or
b. Offer to fill or refill a prescription for a controlled substance based solely on a
consumer's completion of an online medical questionnaire.
A person who violates this subsection is guilty of a class C felony.
It is unlawful for any person to willfully, as defined in section 12.1-02-02, possess a
controlled substance or a controlled substance analog unless the substance was
obtained directly from, or pursuant to, a valid prescription or order of a practitioner
while acting in the course of the practitioner's professional practice, or except as
otherwise authorized by this chapter, but any person who violates section 12-46-24 or
12-47-21 may not be prosecuted under this subsection. Except as otherwise provided
in this subsection, any person who violates this subsection is guilty of a class C felony.
If, at the time of the offense the person is in or on, or within one thousand feet [300.48
meters] of the real property comprising a public or private elementary or secondary
school or a public career and technical education school, the person is guilty of a
class B felony. Any person who violates this subsection regarding possession of
one-half ounce [14.175 grams] to one ounce [28.35 grams] of marijuana is guilty of a
class A misdemeanor. Any person, except a person operating a motor vehicle, who
violates this subsection regarding possession of less than one-half ounce
[14.175 grams] of marijuana is guilty of a class B misdemeanor. Any person who
violates this subsection regarding possession of less than one-half ounce
[14.175 grams] of marijuana while operating a motor vehicle is guilty of a class A
misdemeanor.
Except as provided by section 19-03.1-45, a court may order a person who violates
this chapter or chapter 19-03.4 to undergo a drug addiction evaluation by a licensed
addiction counselor. The evaluation must indicate the prospects for rehabilitation and
whether addiction treatment is required. If ordered, the evaluation must be submitted
Page No. 28
9.
to the court before imposing punishment for a felony violation or a misdemeanor
violation.
When a person pleads guilty or is found guilty of a first offense regarding possession
of one ounce [28.35 grams] or less of marijuana and a judgment of guilt is entered, a
court, upon motion, shall seal the court record of that conviction if the person is not
subsequently convicted within two years of a further violation of this chapter and has
not been convicted of any other criminal offense. Once sealed, the court record may
not be opened even by order of the court.
19-03.1-23.1. Increased penalties for aggravating factors in drug offenses.
1. A person who violates section 19-03.1-23 is subject to the penalties provided in
subsection 2 if:
a. The offense involved the manufacture, delivery, or possession, with intent to
manufacture or deliver a controlled substance in or on, or within one thousand
feet [300.48 meters] of, the real property comprising a child care or preschool
facility, public or private elementary or secondary school, public career and
technical education school, or a public or private college or university;
b. The defendant was at least sixteen years of age at the time of the offense and the
offense involved the delivery of a controlled substance to a minor;
c. The offense involved:
(1) Fifty grams or more of a mixture or substance containing a detectable
amount of heroin;
(2) Fifty grams or more of a mixture or substance containing a detectable
amount of:
(a) Coca leaves, except coca leaves and extracts of coca leaves from
which cocaine, ecgonine, and derivatives of ecgonine or their salts
have been removed;
(b) Cocaine, its salts, optical and geometric isomers, and salts of isomers;
(c) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
(d) Any compound, mixture, or preparation that contains any quantity of
any of the substance referred to in subparagraphs a through c;
(3) Five grams or more of a mixture or substance described in paragraph 2
which contains cocaine base;
(4) Ten grams or more of phencyclidine or one hundred grams or more of a
mixture or substance containing a detectable amount of phencyclidine;
(5) One gram, one hundred dosage units, or one-half liquid ounce or more of a
mixture or substance containing a detectable amount of lysergic acid
diethylamide;
(6) Forty grams or more of a mixture or substance containing a detectable
amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or ten
grams or more of a mixture or substance containing a detectable amount of
any analog of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide;
(7) Fifty grams or more of a mixture or substance containing a detectable
amount of methamphetamine;
(8) Ten grams, one hundred dosage units, or one-half liquid ounce or more of a
mixture
or
substance
containing
a
detectable
amount
of
3,4-methylenedioxy-N-methylamphetamine, C11H15NO2;
(9) One hundred dosage units or one-half liquid ounce of a mixture or
substance containing a detectable amount of gamma-hydroxybutyrate or
gamma-butyrolactone or 1,4 butanediol or any substance that is an analog
of gamma-hydroxybutyrate;
(10) One hundred dosage units or one-half liquid ounce of a mixture or
substance containing a detectable amount of flunitrazepam; or
(11) Five hundred grams or more of marijuana; or
d. The defendant had a firearm in the defendant's actual possession at the time of
the offense.
Page No. 29
2.
The offense is:
a. A class AA felony if the violation of section 19-03.1-23 is designated as a class A
felony.
b. A class A felony if the violation of section 19-03.1-23 is designated as a class B
felony.
c. A class B felony if the violation of section 19-03.1-23 is designated as a class C
felony.
d. A class C felony if the violation of section 19-03.1-23 is designated as a class A
misdemeanor.
19-03.1-23.2. Mandatory terms of imprisonment - Deferred or suspended sentence
limited.
Whenever a mandatory term of imprisonment is prescribed as a penalty for violation of this
chapter, the court may not defer imposition of sentence, nor may the court suspend any part of
a specified mandatory term, either at the time of or after the imposition of the sentence, unless
the court first finds that the offense was the defendant's first violation of this chapter, chapter
19-03.2, or chapter 19-03.4 and that extenuating or mitigating circumstances exist which justify
a suspension. The court shall announce the circumstances that justify a suspension in open
court when sentence is imposed and recite these circumstances in the sentence or order
suspending part of the sentence.
19-03.1-23.3. Drug currency forfeiture.
1. There is a presumption of forfeiture for money, coin, currency, and everything of value,
furnished or intended to be furnished, in exchange for a controlled substance in
violation of chapter 19-03.1 or imitation controlled substance in violation of chapter
19-03.2, if the state offers a reasonable basis to believe, based on the following
circumstances, that there is a substantial connection between the property and an
offense listed in chapter 19-03.1 or 19-03.2:
a. The property at issue is currency in excess of ten thousand dollars which, at the
time of seizure, was being transported through an airport, on a highway, or at a
port-of-entry, and the property was packaged or concealed in a highly unusual
manner, the person transporting the property provided false information to any
law enforcement officer who lawfully stopped the person for investigative
purposes, the property was found in close proximity to a measurable quantity of
any controlled substance, or the property was the subject of a positive alert by a
properly trained dog;
b. The property at issue was acquired during a period of time when the person who
acquired the property was engaged in an offense under chapter 19-03.1 or
19-03.2 or within a reasonable time after the period, and there is no likely source
for the property other than that offense;
c. The property at issue was, or was intended to be, transported, transmitted, or
transferred to or from a major drug-transit country, a major illicit drug-producing
country, or a major money-laundering country, and the transaction giving rise to
the forfeiture:
(1) Occurred in part in a state or foreign country whose bank secrecy laws
render this state unable to obtain records relating to the transaction; or
(2) Was conducted by, to, or through a corporation that does not conduct any
ongoing and significant commercial or manufacturing business or any other
form of commercial operation which was not engaged in any legitimate
business activity; or
d. A person involved in the transaction giving rise to the forfeiture action has been
convicted in a federal, state, or foreign jurisdiction of an offense equivalent to an
offense under chapter 19-03.1 or 19-03.2 or a felony involving money laundering,
or is a fugitive from prosecution for any of these offenses.
Page No. 30
2.
The presumption in this section does not preclude the use of other presumptions or
the establishment of probable cause based on criteria other than those set forth in this
section.
19-03.1-24. Prohibited acts B - Penalties.
1. It is unlawful for any person:
a. Who is subject to the provisions of sections 19-03.1-15 through 19-03.1-22 to
distribute or dispense a controlled substance in violation of section 19-03.1-22;
b. Who is a registrant, to manufacture a controlled substance not authorized by their
registration, or to distribute or dispense a controlled substance not authorized by
their registration to another registrant or other authorized person;
c. To refuse or fail to make, keep, or furnish any record, notification, order form,
statement, invoice, or information required under this chapter;
d. To refuse an entry into any premises for any inspection authorized by this
chapter; or
e. Knowingly to keep or maintain any store, shop, warehouse, dwelling, building,
vehicle, boat, aircraft, or other structure or place, which is resorted to by persons
using controlled substances in violation of this chapter for the purpose of using
these substances, or which is used for keeping or selling them in violation of this
chapter.
2. Any person who violates this section is guilty of a class C felony.
19-03.1-25. Prohibited acts C - Penalties.
1. It is unlawful for any person:
a. To distribute as a registrant a controlled substance classified in schedule I or II,
except pursuant to an order form as required by section 19-03.1-21;
b. To use in the course of the manufacture or distribution of a controlled substance a
registration number which is fictitious, revoked, suspended, or issued to another
person;
c. To acquire or obtain possession of a controlled substance by misrepresentation,
fraud, forgery, deception, or subterfuge;
d. To furnish false or fraudulent material information in, or omit any material
information from, any application, report, or other document required to be kept or
filed under this chapter, or any record required to be kept by this chapter; or
e. To make, distribute, or possess any punch, die, plate, stone, or other thing
designed to print, imprint, or reproduce the trademark, trade name, or other
identifying mark, imprint, or device of another or any likeness of any of the
foregoing upon any drug or container or labeling thereof so as to render the drug
a counterfeit substance.
2. Any person who violates this section is guilty of a class C felony.
19-03.1-26. Disposing of needles and paraphernalia - Penalty.
Any registrant who shall use, administer, or dispense or cause to be used, administered, or
dispensed any drug or controlled substance in a manner requiring the use of any type of
syringe, needle, eyedropper, or other similar paraphernalia shall destroy and dispose of said
syringe, needle, eyedropper, or other similar paraphernalia in a manner that will prevent its
reuse by any person other than the registrant. The board may adopt rules pursuant to chapter
28-32 setting out the specific manner in which the provisions of this section must be carried out.
Any registrant who violates the provisions of this section is guilty of a class A misdemeanor.
19-03.1-27. Penalties under other laws.
Any penalty imposed for violation of this chapter is in addition to, and not in lieu of, any civil
or administrative penalty or sanction otherwise authorized by law.
Page No. 31
19-03.1-28. Bar to prosecution.
If a violation of this chapter is a violation of a federal law or the law of another state, a
conviction or acquittal under federal law or the law of another state for the same act is a bar to
prosecution in this state.
19-03.1-29. Distribution to persons under age eighteen.
Repealed by S.L. 1975, ch. 106, § 673.
19-03.1-30. Conditional discharge for possession as first offense.
Repealed by S.L. 2005, ch. 196, § 4.
19-03.1-31. Second or subsequent offenses.
Repealed by S.L. 1975, ch. 106, § 673.
19-03.1-32. Powers of enforcement personnel - Search warrants.
1. Any officer of the bureau of criminal investigation designated by the attorney general of
this state may:
a. Carry firearms in the performance of official duties.
b. Execute and serve search warrants, arrest warrants, administrative inspection
warrants, subpoenas, and summonses issued under the authority of this state.
c. Make arrests without warrant for any offense under this chapter committed in the
officer's presence, or if the officer has probable cause to believe that the person
to be arrested has committed or is committing a violation of this chapter which
may constitute a felony.
d. Make seizures of property pursuant to this chapter.
e. Perform other law enforcement duties as the attorney general designates.
2. A search warrant relating to offenses involving controlled substances may be issued
and executed at any time of the day or night, if the judge or magistrate issuing the
warrant so specifies in the warrant.
3. Any officer authorized to execute a search warrant, without notice of the officer's
authority and purpose, may break open an outer or inner door or window of a building,
or any part of the building, or anything therein, if the judge or magistrate issuing the
warrant has probable cause to believe that if such notice were to be given the property
sought in the case may be easily and quickly destroyed or disposed of, or that danger
to the life or limb of the officer or another may result, and has included in the warrant a
direction that the officer executing it is not required to give such notice. Any officers
acting under such warrant, as soon as practicable after entering the premises, shall
identify themselves and state the purpose of entering the premises and the authority
for doing so.
19-03.1-33. Administrative inspections and warrants.
1. Issuance and execution of administrative inspection warrants must be as follows:
a. A district judge within a district judge's jurisdiction, and upon proper oath or
affirmation showing probable cause, may issue warrants for the purpose of
conducting administrative inspections authorized by this chapter or rules
hereunder and seizures of property appropriate to the inspections. For purposes
of the issuance of administrative inspection warrants, probable cause exists upon
showing a valid public interest in the effective enforcement of this chapter or rules
thereunder, sufficient to justify administrative inspection of the area, premises,
building, or conveyance in the circumstances specified in the application for the
warrant.
b. A warrant may issue only upon an affidavit of a designated officer or employee
having knowledge of the facts alleged, sworn to before the judge or magistrate
and establishing the grounds for issuing the warrant. If the judge or magistrate is
satisfied that grounds for the application exist or that there is probable cause to
Page No. 32
2.
believe they exist, the judge or magistrate shall issue a warrant identifying the
area, premises, building, or conveyance to be inspected, the purpose of the
inspection, and, if appropriate, the type of property to be inspected, if any. The
warrant must:
(1) State the grounds for its issuance and the name of each person whose
affidavit has been taken in support thereof;
(2) Be directed to a person authorized to execute it;
(3) Command the person to whom it is directed to inspect the area, premises,
building, or conveyance identified for the purpose specified and, if
appropriate, direct the seizure of the property specified;
(4) Identify the item or types of property to be seized, if any; and
(5) Direct that it be served during normal business hours and designate the
judge or magistrate to whom it shall be returned.
c. A warrant issued pursuant to this section must be executed and returned within
ten days of its date unless, upon a showing of a need for additional time, the
court orders otherwise. If property is seized pursuant to a warrant, a copy must
be given to the person from whom or from whose premises the property is taken,
together with a receipt for the property taken. The return of the warrant must be
made promptly, accompanied by a written inventory of any property taken. The
inventory must be made in the presence of the person executing the warrant and
of the person from whose possession or premises the property was taken, if
present, or in the presence of at least one credible person other than the person
executing the warrant. A copy of the inventory must be delivered to the person
from whom or from whose premises the property was taken and to the applicant
for the warrant.
d. The judge or magistrate who has issued a warrant shall attach thereto a copy of
the return and all papers returnable in connection therewith and file them with the
clerk of the district court for the county in which the inspection was made.
The board may make administrative inspections of controlled premises in accordance
with the following provisions:
a. For purposes of this section only, "controlled premises" means:
(1) Places where persons registered or exempted from registration
requirements under this chapter are required to keep records; and
(2) Places, including factories, warehouses, establishments, and conveyances
in which persons registered or exempted from registration requirements
under this chapter are permitted to hold, manufacture, compound, process,
sell, deliver, or otherwise dispose of any controlled substance.
b. When authorized by an administrative inspection warrant issued pursuant to
subsection 1, an officer or employee designated by the board, upon presenting
the warrant and appropriate credentials to the owner, operator, or agent in
charge, may enter controlled premises for the purpose of conducting an
administrative inspection.
c. When authorized by an administrative inspection warrant, an officer or employee
designated by the board may:
(1) Inspect and copy records required by this chapter to be kept;
(2) Inspect, within reasonable limits and in a reasonable manner, controlled
premises and all pertinent equipment, finished and unfinished material,
containers and labeling found therein, and, except as provided in
subdivision e, all other things therein, including records, files, papers,
processes, controls, and facilities bearing on violation of this chapter; and
(3) Inventory any stock of any controlled substance therein and obtain samples
thereof.
d. This section does not prevent the inspection without a warrant of books and
records pursuant to an administrative subpoena issued in accordance with
section 28-32-33, nor does it prevent entries and administrative inspections,
including seizures of property, without a warrant:
Page No. 33
(1)
e.
If the owner, operator, or agent in charge of the controlled premises
consents;
(2) In situations presenting imminent danger to health or safety;
(3) In situations involving inspection of conveyances if there is reasonable
cause to believe that the mobility of the conveyance makes it impracticable
to obtain a warrant;
(4) In any other exceptional emergency circumstances in which time or
opportunity to apply for a warrant is lacking; or
(5) In all other situations in which a warrant is not constitutionally required.
An inspection authorized by this section may not extend to financial data, sales
data, other than shipment data, or pricing data unless the owner, operator, or
agent in charge of the controlled premises consents in writing.
19-03.1-34. Injunctions.
1. The district courts of this state shall have jurisdiction to restrain or enjoin violations of
this chapter.
2. The defendant may demand trial by jury for an alleged violation of an injunction or
restraining order under this section.
19-03.1-35. Cooperative arrangements and confidentiality.
1. The board shall cooperate with federal and other state agencies in discharging its
responsibilities concerning traffic in controlled substances and in suppressing the
abuse of controlled substances. To this end, it may:
a. Arrange for exchange of information among governmental officials concerning the
use and abuse of controlled substances.
b. Coordinate and cooperate in training programs concerning controlled substance
law enforcement at local and state levels.
c. Cooperate with the bureau by establishing a centralized unit to accept, catalog,
file, and collect statistics, including records of drug-dependent persons and other
controlled substance law offenders within the state, and make the information
available for federal, state, and local law enforcement purposes. It may not
furnish the name or identity of a patient or research subject whose identity could
not be obtained under subsection 3.
d. Conduct programs of eradication aimed at destroying wild or illicit growth of plant
species from which controlled substances may be extracted.
2. Results, information, and evidence received from the bureau relating to regulatory
functions of this chapter, including results of inspections conducted by it, may be relied
and acted upon by the board in the exercise of its regulatory functions under this
chapter.
3. A practitioner engaged in medical practice or research is not required or compelled to
furnish the name or identity of a patient or research subject to the board nor may the
practitioner be compelled in any state or local civil, criminal, administrative, legislative,
or other proceedings to furnish the name or identity of an individual that the
practitioner is obligated to keep confidential.
19-03.1-36. Forfeitures.
1. The following are subject to forfeiture:
a. All controlled substances which have been manufactured, distributed, dispensed,
or acquired in violation of this chapter.
b. All imitation controlled substances as defined by sections 19-03.2-01 and
19-03.2-02.
c. All raw materials, products, and equipment of any kind which are used, or
intended for use, in manufacturing, compounding, processing, delivering,
importing, or exporting any controlled substance in violation of this chapter.
Page No. 34
d.
2.
3.
4.
5.
All property which is used, or intended for use, as a container for property
described in subdivision a, b, or c.
e. All conveyances, including aircraft, vehicles, or vessels, which are used, or
intended for use, to transport, or in any manner to facilitate the transportation, for
the purpose of sale or receipt of property described in subdivision a, b, or c, but:
(1) No conveyance used by any person as a common carrier in the transaction
of business as a common carrier is subject to forfeiture under this section
unless it appears that the owner or other person in charge of the
conveyance is a consenting party or privy to a violation of this chapter.
(2) No conveyance is subject to forfeiture under this section by reason of any
act or omission established by the owner thereof to have been committed or
omitted without the owner's knowledge or consent.
(3) A conveyance is not subject to forfeiture for a violation of subsection 7 of
section 19-03.1-23 or subsection 3 of section 19-03.2-03.
(4) A forfeiture of a conveyance encumbered by a bona fide security interest is
subject to the interest of the secured party if the secured party neither had
knowledge of nor consented to the act or omission.
f. All books, records, and research products and materials, including formulas,
microfilm, tapes, and data which are used, or intended for use, in violation of this
chapter.
g. All drug paraphernalia as defined in chapter 19-03.4.
h. All money, coin, currency, and everything of value furnished, or intended to be
furnished, in exchange for a controlled substance in violation of this chapter or an
imitation controlled substance in violation of chapter 19-03.2, and all real and
personal property, assets, profits, income, proceeds, or an interest therein,
acquired or derived from the unlawful purchase, attempted purchase, delivery,
attempted delivery, manufacturing, or attempted manufacturing of any controlled
substance or imitation controlled substance.
Property subject to forfeiture under this chapter, except conveyances, may be seized
by the board upon process issued by any district court having jurisdiction over the
property. A conveyance subject to forfeiture under this chapter may be seized by a
state, county, or city law enforcement agency upon process issued by any district court
having jurisdiction over the conveyance. Seizure without process may be made if:
a. The seizure is incident to an arrest or a search under a search warrant or an
inspection under an administrative inspection warrant.
b. The property subject to seizure has been the subject of a prior judgment in favor
of the state in a criminal injunction or forfeiture proceedings based upon this
chapter.
c. The board or a law enforcement agency has probable cause to believe that the
property is directly or indirectly dangerous to health or safety.
d. The board or a law enforcement agency has probable cause to believe that the
property was used or is intended to be used in violation of this chapter.
In the event of seizure pursuant to subsection 2, proceedings under subsection 4 must
be instituted promptly.
Property taken or detained under this section is not subject to replevin, but is deemed
to be in custody of the board or a law enforcement agency subject only to the orders
and decrees of the district court having jurisdiction over the forfeiture proceedings as
set out in subsection 2. When property is seized under this chapter, the board or a law
enforcement agency may:
a. Place the property under seal.
b. Remove the property to a place designated by it.
c. Require the attorney general to take custody of the property and remove it to an
appropriate location for disposition in accordance with law.
When property is forfeited under this chapter, the board or a law enforcement agency
may:
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a.
6.
7.
8.
Retain it for official use or transfer the custody or ownership of any forfeited
property to any federal, state, or local agency. The board shall ensure the
equitable transfer of any forfeited property to the appropriate federal, state, or
local law enforcement agency so as to reflect generally the contribution of that
agency participating directly in any of the acts that led to the seizure or forfeiture
of the property. A decision to transfer the property is not subject to review.
b. Sell that which is not required to be destroyed by law and which is not harmful to
the public. The proceeds must be used for payment of all proper expenses of the
proceedings for forfeiture and sale, including expenses of seizure, maintenance
of custody, advertising, and court costs, with any remaining proceeds to be
deposited, subject to section 54-12-14, in the appropriate state, county, or city
general fund. When two or more law enforcement agencies are involved in
seizing a conveyance, the remaining proceeds may be divided proportionately.
c. Require the attorney general to take custody of property and remove it for
disposition in accordance with law.
d. Forward it to the bureau for disposition.
e. Use the property, including controlled substances, imitation controlled
substances, and plants forfeited under subsections 6 and 7, in enforcement of
this chapter. However, in a case involving the delivery of a forfeited controlled
substance by a law enforcement officer or a person acting as an agent of a law
enforcement officer, no prosecution or conviction for simple possession of a
controlled substance under subsection 6 of section 19-03.1-23 may be based
upon the forfeited controlled substances supplied by the law enforcement officer
or the officer's agent.
Controlled substances as defined in this chapter and imitation controlled substances
as defined in chapter 19-03.2 that are possessed, transferred, sold, or offered for sale
in violation of this chapter and drug paraphernalia as defined in chapter 19-03.4 are
contraband and must be seized and summarily forfeited to the state. Controlled
substances as defined in this chapter and imitation controlled substances as defined in
chapter 19-03.2, which are seized or come into the possession of the state and drug
paraphernalia as defined in chapter 19-03.4, the owners of which are unknown, are
contraband and must be summarily forfeited to the state.
Species of plants from which controlled substances in schedules I and II may be
derived which have been planted or cultivated in violation of this chapter, or of which
the owners or cultivators are unknown, or which are wild growths, may be seized and
summarily forfeited to the state.
The failure, upon demand by the board, or its authorized agent, of the person in
occupancy or in control of land or premises upon which the species of plants are
growing or being stored to produce an appropriate registration, or proof that the person
is the holder thereof, constitutes authority for the seizure and forfeiture of the plants.
19-03.1-36.1. Manner of forfeiture.
Property subject to forfeiture under this chapter, other than property that may be summarily
forfeited, may be forfeited by order of a district court only after:
1. A written consent to forfeiture executed by the owner of the property and all persons
with a legal interest in the property to be forfeited has been filed with the court; or
2. Commencement of forfeiture proceedings.
19-03.1-36.2. Forfeiture proceeding as civil action - Standard of proof.
Forfeiture proceedings are civil actions against the property to be forfeited and the standard
of proof is a preponderance of the evidence.
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19-03.1-36.3. Summons and complaint for forfeiture of property - Contents of
complaint - Notice.
When property described in subsection 1 of section 19-03.1-36 is to be forfeited, other than
property described in subsection 6 of section 19-03.1-36, and in the absence of a written
consent to forfeiture, forfeiture proceedings must be commenced by the filing of a summons and
complaint for forfeiture of the property in the district court of the county in which the property
was seized, is being held, or is located. In the case of real property, the summons and complaint
must be filed in the county in which the real property, or some part of the real property, is
located. The proceedings must be brought in the name of the state. The complaint must
describe the property, state its location, state its present custodian, state the name of each
owner if known, state the name of each party with a legal interest in the property if known or of
legal record, allege the essential elements of the violation that is claimed to exist, and must
conclude with a prayer to enforce the forfeiture. Notice of the forfeiture proceedings must be
given to each known owner and known person with a legal interest in the property to be forfeited
by serving a copy of the summons and complaint in accordance with the North Dakota Rules of
Civil Procedure. The procedure governing the proceedings, except as otherwise provided in this
chapter, is the same as that prescribed for civil proceedings.
19-03.1-36.4. Answer by claimant of property - Time for filing.
Within twenty days after the service of the summons and complaint for forfeiture, the owner
of the property to be forfeited and any other person with a legal interest in the property may file
an answer claiming an interest in that property and claiming that person's interest is not subject
to forfeiture under this chapter.
19-03.1-36.5. Disposition of property if no answer filed.
If at the end of twenty days after the summons and complaint have been served there is no
answer filed with the court against the complaint for forfeiture, the court shall order the forfeiture
and disposition of the property as prayed for in the complaint.
19-03.1-36.6. Hearing on contested forfeiture - Order releasing or forfeiting property.
If an answer is filed within the time limits in this chapter, the forfeiture proceedings must be
set for hearing before the court. At the hearing, the state shall establish probable cause for
instituting the forfeiture action following which any owner or person with a legal interest in the
property to be forfeited who has filed an answer to the complaint has the burden of proving that
the property to be forfeited is not subject to forfeiture under this chapter. If the court finds that
the property is not subject to forfeiture under this chapter, the court shall order the property
released to the owner or other person with a legal interest in the property as that person's right,
title, or interest appears. The court shall order the property forfeited if it determines that such
property or an interest therein is subject to forfeiture.
19-03.1-36.7. Legal interest in property.
A person alleging a bona fide legal interest in property to be forfeited must establish by a
preponderance of the evidence that such legal interest existed at the time of seizure or taking of
custody of the property. In the case of a claimed bona fide security interest in the property, the
person claiming such interest must establish by a preponderance of the evidence that the
security interest in the property to be forfeited existed or was of public record at the time of
seizure or taking of custody of the property.
19-03.1-37. Burden of proof - Liabilities.
1. It is not necessary for the state to negate any exemption or exception in this chapter in
any complaint, information, indictment, or other pleading or in any trial, hearing, or
other proceeding under this chapter. The burden of proof of any exemption or
exception is upon the person claiming it.
2. In the absence of proof that a person is the duly authorized holder of an appropriate
registration or order form issued under this chapter, the person is presumed not to be
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3.
4.
5.
6.
the holder of the registration or form. The burden of proof is upon the person to rebut
the presumption.
No liability is imposed by this chapter upon any authorized state, county, or municipal
officer engaged in the lawful performance of the officer's duties.
In all prosecutions under this chapter, chapter 19-03.2, or chapter 19-03.4 involving
the analysis of a substance or sample thereof, a certified copy of the analytical report
signed by the director of the state crime laboratory or the director's designee must be
accepted as prima facie evidence of the results of the analytical findings.
Superseded by N.D.R.Ev., Rule 707.
In all cases of conspiracy to violate chapter 19-03.1, 19-03.2, or 19-03.4, the state is
not required to prove or establish that a conspirator knew the other person to the
agreement intended to deliver or possess with intent to deliver a controlled substance,
an imitation controlled substance, or drug paraphernalia to a third person.
19-03.1-38. Judicial review.
All final determinations, findings, and conclusions of the board under this chapter are final
and conclusive decisions of the matters involved. Any person aggrieved by the decision may
obtain review of the decision in the district court. Findings of fact by the board, if supported by
substantial evidence, are conclusive.
19-03.1-39. Education and research.
1. The board shall carry out educational programs designed to prevent and deter misuse
of controlled substances. In connection with these programs it may:
a. Promote better recognition of the problems of misuse and abuse of controlled
substances within the regulated industry and among interested groups and
organizations.
b. Assist the regulated industry and interested groups and organizations in
contributing to the reduction of misuse and abuse of controlled substances.
c. Consult with interested groups and organizations to aid them in solving
administrative and organizational problems.
d. Evaluate procedures, projects, techniques, and controls conducted or proposed
as part of educational programs on misuse and abuse of controlled substances.
e. Disseminate the results of research on misuse and abuse of controlled
substances to promote a better public understanding of what problems exist and
what can be done to combat them.
f. Assist in the education and training of state and local law enforcement officials in
their efforts to control misuse and abuse of controlled substances.
2. The board shall encourage research on misuse and abuse of controlled substances. In
connection with the research, and in furtherance of the enforcement of this chapter, it
may:
a. Establish methods to assess accurately the effects of controlled substances and
identify and characterize those with potential for abuse.
b. Make studies and undertake programs of research to:
(1) Develop new or improved approaches, techniques, systems, equipment,
and devices to strengthen the enforcement of this chapter.
(2) Determine patterns of misuse and abuse of controlled substances and the
social effects thereof.
(3) Improve methods for preventing, predicting, understanding, and dealing with
the misuse and abuse of controlled substances.
c. Enter contracts with public agencies, institutions of higher education, and private
organizations or individuals for the purpose of conducting research,
demonstrations, or special projects which bear directly on misuse and abuse of
controlled substances.
3. The board may enter into contracts for educational and research activities without
performance bonds and without regard to statutory provisions affecting such contracts.
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4.
5.
The board may authorize persons engaged in research on the use and effects of
controlled substances to withhold the names and other identifying characteristics of
individuals who are the subjects of the research. Persons who obtain this authorization
are not compelled in any civil, criminal, administrative, legislative, or other proceeding
to identify the individuals who are the subjects of research for which the authorization
was obtained.
The board may authorize the possession and distribution of controlled substances by
persons engaged in research. Persons who obtain this authorization are exempt from
state prosecution for possession and distribution of controlled substances to the extent
of the authorization.
19-03.1-40. Pending proceedings.
Repealed by S.L. 1985, ch. 262, § 27.
19-03.1-41. Continuation of rules.
Any orders and rules promulgated under any law affected by this chapter in effect on July 1,
1971, and not in conflict with it continue in effect until modified, superseded, or repealed.
19-03.1-42. Uniformity of interpretation.
Repealed by S.L. 1983, ch. 82, § 154.
19-03.1-43. Short title.
This chapter may be cited as the Uniform Controlled Substances Act.
19-03.1-44. Comprehensive status and trends report.
On or before July first of each even-numbered year, the attorney general, or designee of the
attorney general, shall report the current status and trends of unlawful drug use and abuse and
drug control and enforcement efforts in this state. This report must be made to an interim
legislative committee and must include the following information:
1. The superintendent of public instruction shall provide the results of the most recent
survey of the state's young people regarding drug usage. This survey must include
information regarding the accessibility of gateway and other illicit drugs, the
prevalence of gateway and other illicit drugs in schools or on school property, and the
types and frequency of gateway and other illicit drugs used by young people.
2. The state crime laboratory shall provide a report that includes the type of each
controlled substance tested and the number of times tests were run for each controlled
substance.
3. The department of human services shall provide a current status of the number of
people who were treated in the state. The report must include information about the
variety of drugs, legal and illegal, for which people were treated.
4. The department of corrections and rehabilitation shall provide the current status of the
number of people incarcerated or on probation in the state correctional system for
violation of title 19. This report must specify the average length of sentence including
probation, average length of incarceration ordered by a court to be served, and
average actual time incarcerated for drug offenders sentenced to the custody of the
department. The report also must identify the number of people referred to treatment
and treated as a condition of sentencing, probation, or parole.
5. The attorney general shall provide the current status of the number of arrests for
violation of title 19 and the current enforcement efforts to combat unlawful drug
trafficking and usage.
19-03.1-45. Drug abuse assessment and treatment - Presentence investigation Certified drug abuse treatment programs.
1. If a person has pled guilty or has been found guilty of a felony violation of subsection 7
of section 19-03.1-23, if that person has not previously pled guilty or been found guilty
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2.
3.
4.
5.
of any offense involving the use, possession, manufacture, or delivery of a controlled
substance or of any other felony offense of this or another state or the federal
government, and if the court imposes probation, the court shall impose a period of
probation of not less than eighteen months in conjunction with a suspended execution
of a sentence of imprisonment, a sentence to probation, or an order deferring
imposition of sentence.
Upon a plea or finding of guilt of a person subject to the provisions of subsection 1, the
court shall order a presentence investigation to be conducted by the department. The
presentence investigation shall include a drug and alcohol evaluation conducted by a
licensed addiction counselor.
If the licensed addiction counselor recommends treatment, the court shall require the
person to participate in an addiction program licensed by the department of human
services as a condition of the probation. The court shall commit the person to
treatment through a licensed addiction program until determined suitable for discharge
by the court. The term of treatment shall not exceed eighteen months and may include
an aftercare plan. During the commitment and while subject to probation, the person
shall be supervised by the department.
If the person fails to participate in, or has a pattern of intentional conduct that
demonstrates the person's refusal to comply with or participate in the treatment
program, as established by judicial finding, the person shall be subject to revocation of
the probation. Notwithstanding subsection 2 of section 12.1-32-02, the amount of time
participating in the treatment program under this section is not "time spent in custody"
and will not be a credit against any sentence to term of imprisonment.
In this section:
a. "Department" means the department of corrections and rehabilitation; and
b. "Licensed addiction counselor" is a person licensed pursuant to section
43-45-05.1.
19-03.1-46. Bail - Additional conditions of release.
A court shall impose as a condition of release or bail that an individual who has been
arrested upon a felony violation of this chapter or chapter 19-03.4 not use a controlled
substance without a valid prescription from a licensed medical practitioner and that the
individual submit to a medical examination or other reasonable random testing for the purpose
of determining the person's use of a controlled substance. The court shall order the frequency of
the random testing and the location at which random testing must occur. The court shall provide
notice to the selected provider of the required examination or testing. The provider shall notify
the court if the individual fails to appear for the examination or testing. The testing must be at
the individual's own cost. Submission of an individual to a medical examination or other
reasonable random testing as a condition for release is not required if the court makes a specific
finding on the record that:
1. The individual has not been arrested for a felony offense relating to the use,
possession, manufacture, or delivery of methamphetamine;
2. The individual will appear as required by the court and will comply with all conditions of
release without submission to an examination or testing; and
3. Not imposing examination or testing as a condition of release will pose no danger to
the individual or to the community.
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