Title 19, Health

PART IV. OFFENSES AND PENALTIES §329-41 Prohibited acts B--penalties. (a) It is unlawful for any person: (b) It shall be unlawful for any person subject to part III of this chapter except a pharmacist, to administer, prescribe, or dispense any controlled substance without a bona …

§329-42 Prohibited acts C--penalties. (a) It is unlawful for any person knowingly or intentionally: (b) Any person who violates this section is guilty of a class C felony. [L 1972, c 10, pt of §1; am L 1991, c 159, §14; am L 1997, c 280, §4; am L 2000, c 98, §6; am L 2006, c 69, …

[§329-43] 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. [L 1972, c 10, pt of §1]

§329-43.5 Prohibited acts related to drug paraphernalia. (a) Except as provided in subsection (e), it is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, pr…

[§329-43.6] Overdose prevention; limited immunity. (a) As used in this section: "Drug or alcohol overdose" means: "Seeks medical assistance" or "seeking medical assistance" includes but is not limited to reporting a drug or alcohol overdose to law enforcement, the 911 system, a p…

§329-44 Notice of conviction to be sent to licensing board, department of commerce and consumer affairs. On the conviction of any physician, osteopathic physician and surgeon, dentist, podiatrist, veterinarian, practitioner, apothecary, manufacturer, wholesaler, or producer, of t…

§329-46 Prohibited acts related to visits to more than one practitioner to obtain controlled substance prescriptions. (a) It is unlawful for any person knowingly or intentionally to visit more than one practitioner and withhold information regarding previous practitioner visits f…

[§329-49] Administrative penalties. (a) Any person who violates this chapter or any rule adopted by the department pursuant to this chapter shall be fined not more than $10,000 for each separate offense. Any action taken to collect the penalty provided for in this subsection shal…

[§329-50] Injunctive relief. The administrator may institute a civil action in any court of competent jurisdiction for injunctive relief to prevent any violation of this chapter or any rule adopted to implement this chapter. The court shall have powers to grant relief in accordan…

PART V. ENFORCEMENT AND ADMINISTRATIVE PROVISIONS §329-51 Powers of enforcement personnel. [Section effective until December 31, 2023. For section effective January 1, 2024, see below.] Any officer or employee of the department of public safety designated by the director of publi…

§329-52 Administrative inspections. (a) The administrator or any of the administrator's agents may make administrative inspections of controlled premises upon presenting appropriate credentials to the registrant or persons subject to parts III, IV, VIII, and IX of this chapter or…

[§329-53] Injunctions. (a) The circuit courts of this State may exercise jurisdiction to restrain or enjoin violations of this chapter. (b) The defendant may demand trial by jury for an alleged violation of an injunction or restraining order under this section. [L 1972, c 10, pt …

§329-54 Cooperative arrangements and confidentiality. [Section effective until December 31, 2023. For section effective January 1, 2024, see below.] (a) The department of public safety shall cooperate with federal and other state agencies in discharging its responsibilities conce…

§329-55 Forfeitures. (a) The following are subject to forfeiture according to the procedures set forth in the Penal Code: (b) Property subject to forfeiture under this chapter may be seized in accordance with the provisions of chapter 712A. (c) Controlled substances listed in sch…

§329-56 Burden of proof; liabilities. (a) 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 an…

§329-57 Judicial review. [Section effective until December 31, 2023. For section effective January 1, 2024, see below.] All final determinations, findings and conclusions of the department of public safety under this chapter are final and conclusive decisions of the matters invol…

§329-58 Education and research. [Section effective until December 31, 2023. For section effective January 1, 2024, see below.] (a) The department of public safety shall carry out educational programs designed to prevent and determine misuse and abuse of controlled substances. In …

§329-59 Controlled substance registration revolving fund; established. (a) [Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] There is established within the state treasury the controlled substance registration revolving fund. The…

PART VI. REGULATED CHEMICALS FOR THE MANUFACTURE OF CONTROLLED SUBSTANCES §329-61 Substances subject to reporting. (a) List 1 chemicals. Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any of the following substances to any per…

[§329-62] Proper identification. (a) Any manufacturer, wholesaler, retailer, or other person who receives from a source outside of the State any substance specified in section 329-61 prior to selling, transferring, or otherwise furnishing any substance specified in section 329-61…

§329-63 Person required to keep records and file reports. (a) Any manufacturer, wholesaler, retailer, or other person who sells, transfers, receives, or brings in from outside the State, or otherwise furnishes a substance specified in section 329-61, or an encapsulating or tablet…

§329-64 Exceptions. (a) The requirements imposed by sections 329-62 and 329-63(a) of this part shall not apply to any of the following: (b) [Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] Notwithstanding the exceptions created …

§329-65 Penalty. (a) Any manufacturer, wholesaler, retailer, or other person who does not submit a report as required by section 329-63 or who knowingly submits a report with false or fictitious information shall be fined not more than $5,000, or imprisoned not more than thirty d…

§329-66 Theft, loss, and discrepancy reports. (a) [Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] The theft or loss of any substance regulated pursuant to section 329-61 discovered by any person regulated by this part shall be …

§329-67 Permit for conduct of business; applications; forms; fees; renewal; violations. (a) [Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherw…

§329-68 Protection of records; divulging confidential information prohibited; penalties. (a) All records and information required under this part shall be kept confidential; provided that disclosure of records and information to authorized state, county, and federal agencies is p…

§329-69 Subpoena powers. [Section effective until December 31, 2023. For section effective January 1, 2024, see below.] Subject to the privileges which witnesses have in the courts of this State, the director of public safety or the director's designated subordinate is empowered …

§329-70 Forfeiture. (a) Precursor chemicals that are possessed, transferred, sold, or offered for sale in violation of this part shall be subject to seizure and forfeiture as provided in chapter 712A. (b) All conveyances, including aircraft, vehicles, or vessels that are used, or…

§329-71 Requirements when selling specific chemicals. (a) Any manufacturer, wholesaler, retailer, or other person in this State who sells to any person in this State or any other state any quantity of sodium cyanide, potassium cyanide, cyclohexanone, bromobenzene, magnesium turni…

[§329-72] Rules. [Section effective until December 31, 2023. For section effective January 1, 2024, see below.] The department of public safety may adopt rules and assess reasonable fees relating to the registration and control of the sale, distribution, or possession of regulate…

§329-74 Unlawful transport of pseudoephedrine. (a) A person commits the offense of unlawful transport of pseudoephedrine if the person transports more than three packages of any product the sale of which is restricted by section 329-75. (b) For purposes of this section, "transpor…

§329-75 Sales of products, mixtures, or preparations containing pseudoephedrine; reporting requirement for wholesalers. (a) Notwithstanding any other law to the contrary, a pharmacy or retailer may sell or distribute to a person without a prescription products containing not more…