Title 19, Health

§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: (1) Any pharmacist or other authorized person who sells or furnishes a substance upon the prescription of a physician, dentist, podiatrist, or v…

§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…

[§329B-1] Purpose. The purpose of this chapter is to ensure that appropriate and uniform substance abuse test procedures are employed throughout the State, to protect the privacy rights of persons tested, and to achieve reliable and accurate results. [L 1990, c 236, pt of §1]

§329B-2 Definitions. As used in this [chapter]: "Confirmatory test" means a drug or alcohol test that uses a method of analysis determined by the director of health to be reliable in establishing the identity and quantity of alcohol, drugs, or metabolites of drugs detected in an …

§329B-2.5 Exemptions. This chapter does not apply to: (1) Toxicology tests used in the direct clinical management of patients; (2) Tests for alcohol under chapter 286 or chapter 291; (3) Tests made pursuant to subpart C of the Mandatory Guidelines for Federal Workplace Drug Testi…

§329B-3 Limitations. No third party shall require, request, or suggest that any individual submit to a substance abuse test that does not meet all the requirements of this chapter except for third parties who are covered by a drug testing regulation adopted by the department of t…

§329B-4 Laboratory requirements. (a) All substance abuse testing performed in the State shall be performed by a testing laboratory licensed by the department for that purpose, or certified for substance abuse testing by the Substance Abuse and Mental Health Services Administratio…

§329B-5 Substance abuse testing procedures and interpretation of test results. (a) Prior to the collection of any sample for substance abuse testing, the individual to be tested shall receive a written statement of the specific substances to be tested for and a statement that ove…

§329B-5.5 Substance abuse on-site screening tests, testing procedures, and confidentiality. The substance abuse on-site screening test shall be administered according to the instructions of the manufacturer and this section: (1) Every employer using a substance abuse on-site scre…

[§329B-6] Test results. (a) The laboratory report shall include the following information and shall be reported in a timely manner: (1) The type of test conducted; (2) The test results, which, for each substance tested can be negative due to a negative screening or confirmatory t…

[§329B-7] Remedies. [(a)] Any person, agency, or entity that wilfully and knowingly violates any provision of this chapter shall be fined not less than $1,000 but not more than $10,000 for each violation as set by the department, plus reasonable court costs and attorney's fees as…

[§329B-8] Rulemaking. The department may adopt rules under chapter 91 necessary to implement this chapter. [L 1990, c 236, pt of §1]

[§329C-1] Definitions. Whenever used in this chapter, unless the context otherwise requires: "Controlled substance" means a substance as defined in section 329-1. "Distribute" means the actual, constructive, or attempted transfer, delivery, or dispensing to another of an imitatio…

[§329C-2] Offenses. (a) No person shall manufacture, distribute, or possess with intent to distribute, an imitation controlled substance. Any person who violates this subsection shall be guilty of a misdemeanor. (b) No person eighteen years of age or over shall violate subsection…

§329C-3 Forfeiture. All imitation controlled substances are subject to forfeiture according to the procedures set forth in chapter 712A. [L 1984, c 222, pt of §1; am L 1989, c 261, §13]

§329D-1 Definitions. As used in this chapter: "Cannabis" shall have the same meaning as in section 329-121. "Caregiver of a qualifying out-of-state patient" shall have the same meaning as in section 329-121. "Department" means the department of health. "Dispense" or "dispensing" …

§329D-10 Types of manufactured cannabis products. (a) The types of medical cannabis products that may be manufactured and distributed pursuant to this chapter shall be limited to: (1) Capsules; (2) Lozenges; (3) Pills; (4) Oils and oil extracts; (5) Tinctures; (6) Ointments and s…

§329D-11 Advertising and packaging. (a) The department shall establish standards regarding the advertising and packaging of cannabis and manufactured cannabis products; provided that the standards, at a minimum, shall require the use of packaging that: (1) Is child-resistant and …

§329D-12 Background checks. (a) The following shall be subject to background checks conducted by the department or its designee, including but not limited to criminal history record checks in accordance with section 846-2.7: (1) Each applicant and licensee for a medical cannabis …

§329D-13 Dispensing limits. (a) A qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient shall be allowed to purchase no more than four ounces of cannabis within a consecutive period of fifteen days, or no more th…

[§329D-14] Prohibited acts related to exceeding limits; fraud; penalties. (a) It shall be unlawful for any person to obtain or attempt to procure any medical cannabis or medical cannabis product by: (1) Fraud, deceit, misrepresentation, embezzlement, or theft; (2) The forgery or …

§329D-15 Criminal offense; unauthorized access to retail dispensing location. (a) No person shall intentionally or knowingly enter or remain upon the premises of a medical cannabis retail dispensing location unless the individual is: (1) An individual licensee or registered emplo…

§329D-16 Criminal offense; unauthorized access to production centers. (a) No person shall intentionally or knowingly enter or remain upon the premises of a medical cannabis production center unless the person is: (1) An individual licensee or registered employee of the production…

§329D-17 Prohibition of distribution of medical cannabis and medical cannabis products to minors; penalties. (a) A person commits the offense of promoting medical cannabis or medical cannabis products to a minor if the person intentionally or knowingly distributes any amount of c…

[§329D-18] Diversion from dispensary or production center; penalties. (a) A person commits diversion from a dispensary or production center if the person is a licensee, operator, or employee of a dispensary or production center and intentionally or knowingly diverts to the person…

[§329D-19] Criminal offense; alteration or falsification of medical cannabis dispensary records. (a) A person commits the offense of alteration or falsification of medical cannabis dispensary records if the person intentionally or knowingly: (1) Makes or causes a false entry in m…

[§329D-19.5] Unlicensed operation of a dispensary; criminal penalty. (a) No person shall intentionally, knowingly, or recklessly operate a dispensary without a license issued by the department pursuant to this chapter. (b) No person shall intentionally, knowingly, or recklessly o…

§329D-2 Medical cannabis dispensaries; authorized; licensure. (a) No person shall operate a medical cannabis dispensary unless the person has a license issued by the department pursuant to this chapter. (b) The director of health shall grant medical cannabis dispensary licenses t…

§329D-2.5 Office of medical cannabis control and regulation; established; duties. (a) There is established within the department the office of medical cannabis control and regulation, which shall report to the deputy director of health resources administration. (b) The office of …

[§329D-20] Law enforcement access to dispensary and production center records. Notwithstanding any other law, the department shall disclose information, documents, and other records regarding medical cannabis dispensaries and production centers, upon request, to any state, federa…

§329D-21 Revocation and suspension of licenses. (a) In addition to any other actions authorized by law, the department may deny, revoke, or suspend any license applied for or issued by the department, in accordance with this chapter, and to fine or otherwise discipline a licensee…

§329D-22 Medical cannabis zoning. (a) Medical cannabis production centers and dispensaries shall comply with all county zoning ordinances, rules, or regulations; provided that: (1) A medical cannabis production center shall be permitted in any area in which agricultural productio…

§329D-23 Annual inspections, audits, and reports. (a) Each medical cannabis production center and dispensary licensed pursuant to this part shall: (1) Be subject to an annual announced inspection and unlimited unannounced inspections of its operations by the department; provided …