Title 50, Title 50

(1) The board shall administer this chapter and may add drugs to or delete or reschedule all drugs enumerated in the schedules in 50-32-222, 50-32-224, 50-32-226, 50-32-229, or 50-32-232 pursuant to the rulemaking procedures of the Montana Administrative Procedure Act. (2) The bo…

Authority to control under 50-32-103 does not extend to distilled spirits, liquor, wine, malt beverages, beer, porter, ale, stout, or tobacco.

(1) The board shall carry out educational programs designed to prevent and deter misuse and abuse of dangerous drugs. (2) In connection with these programs, it may: (a) promote better recognition of the problems of misuse and abuse of dangerous drugs within the regulated industry…

(1) The board shall encourage research on misuse and abuse of dangerous drugs. (2) 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 dangerous drugs and identify and characteriz…

In making a determination regarding a drug, the board shall consider the following: (1) the actual or relative potential for abuse; (2) the scientific evidence of its pharmacological effect, if known; (3) the state of current scientific knowledge regarding the drug; (4) the histo…

After considering the factors enumerated in 50-32-201, the board shall make findings with respect thereto, and if it finds the drug has a potential for abuse, it shall designate such drug a dangerous drug in the manner set forth in the Montana Administrative Procedure Act.

If any drug 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 drug under this chapter after the expiration of 30 days from publication in the Federal Register of a f…

If the board designates a drug as an immediate precursor, drugs which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.

The board shall exclude any nonnarcotic drug from a schedule if the drug may, under the Federal Food, Drug, and Cosmetic Act, be lawfully sold over the counter without a prescription.

The dangerous drugs listed or to be listed in the schedules in 50-32-222, 50-32-224, 50-32-226, 50-32-229, and 50-32-232 are included by whatever official, common, usual, chemical, or trade name designated.

Dangerous drugs in Schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with the provisions of federal law respecting order forms shall be deemed compliance with this section unless the board prescribes particula…

(1) (a) No dangerous drug in Schedule II may be dispensed without the written or electronic prescription of a practitioner. (b) In emergency situations, as defined by rule of the board, Schedule II drugs may be dispensed upon a practitioner's oral prescription reduced promptly to…

The board shall revise and the department shall republish additions, deletions, or other changes to the schedules of dangerous drugs at times determined by the board. For the purposes of this section, the mandate to republish additions, deletions, or other changes is satisfied by…

The board shall place a drug in Schedule I if it finds that the drug: (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.

Schedule I consists of the drugs and other substances, by whatever official, common, usual, chemical, or brand name designated, listed in this section. (1) Opiates. Unless specifically excepted or listed in another schedule, any of the following are opiates, including isomers, es…

The board shall place a drug in Schedule II if it finds that: (1) the drug has high potential for abuse; (2) the drug 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 drug may…

Schedule II consists of the drugs and other substances, by whatever official, common, usual, chemical, or brand name designated, listed in this section. (1) Substances, vegetable origin or chemical synthesis. Unless specifically excepted or listed in another schedule, any of the …

The board shall place a drug in Schedule III if it finds that: (1) the drug has a potential for abuse less than the drugs listed in Schedules I and II; (2) the drug has currently accepted medical use in treatment in the United States; and (3) abuse of the drug may lead to moderat…

Schedule III consists of the drugs and other substances, by whatever official, common, usual, chemical, or brand name designated, listed in this section. (1) Stimulants. Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation th…

The board may except by rule any compound, mixture, or preparation containing any stimulant or depressant drug listed in 50-32-226(1) and (2) from the application of all or any part of this chapter if the compound, mixture, or preparation contains one or more active medicinal ing…

The board shall place a drug in Schedule IV if it finds that: (1) the drug has a low potential for abuse relative to drugs in Schedule III; (2) the drug has currently accepted medical use in treatment in the United States; and (3) abuse of the drug may lead to limited physical de…

Schedule IV consists of the drugs and other substances, by whatever official, common, usual, chemical, or brand name designated, listed in this section. (1) Narcotic drugs. Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation…

The board may except by rule any compound, mixture, or preparation containing any depressant drug listed in 50-32-229 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 de…

The board shall place a drug in Schedule V if it finds that: (1) the drug has low potential for abuse relative to the controlled drugs listed in Schedule IV; (2) the drug has currently accepted medical use in treatment in the United States; and (3) the drug has limited physical d…

Schedule V consists of the drugs and other substances, by whatever official, common, usual, chemical, or brand name designated, listed in this section. (1) Narcotic drugs containing nonnarcotic active medicinal ingredients. Any compound, mixture, or preparation containing any of …

The following anabolic steroid-containing compounds, mixtures, or preparations are exempt from this chapter: (1) androgyn L.A.; (2) andro-estro 90-4; (3) depandrogyn; (4) DEPO-T.E.; (5) deptestrogen; (6) duomone; (7) duratestrin; (8) duo-span II; (9) estratest; (10) estratest HS;…

(1) Every person who manufactures, distributes, or dispenses any dangerous drug within this state must obtain annually a registration issued by the department in accordance with board rules. (2) Persons registered by the board under this chapter to manufacture, distribute, dispen…

The following persons need not register and may lawfully possess dangerous drugs under this chapter: (1) an agent or employee of any registered manufacturer, distributor, or dispenser of any dangerous drug if the agent or employee is acting in the usual course of business or empl…

The board shall waive the requirement for registration of practitioners, other than pharmacies, who are registered or licensed by the federal government to dispense dangerous drugs.

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 dangerous drugs.

(1) The board shall register an applicant to manufacture or distribute dangerous drugs included in 50-32-222, 50-32-224, 50-32-226, 50-32-229, and 50-32-232 unless it determines that the issuance of that registration would be inconsistent with the public interest. (2) In determin…

Registration under 50-32-306 does not entitle a registrant to manufacture and distribute dangerous drugs in Schedule I or II other than those specified in the registration.

(1) Practitioners shall be registered to dispense any dangerous drugs or to conduct research with dangerous drugs 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 for pr…

Persons registered to manufacture, distribute, or dispense dangerous drugs 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.

The board may have the establishment of a registrant or applicant for registration inspected.

(1) A registration under 50-32-301 to manufacture, distribute, or dispense a dangerous drug may be suspended or revoked by the board upon a finding that the registrant has: (a) furnished false or fraudulent material information in any application filed under this chapter; (b) bee…

(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. T…

Practitioners who fail or refuse to register as required by this chapter shall be guilty of a misdemeanor and upon conviction therefor may be fined not to exceed $1,000, imprisoned in the county jail not to exceed 1 year, or both.

(1) The board shall adopt rules to provide for the registration of any outpatient center for surgical services pursuant to this part. The rules must categorize the outpatient center for surgical services as a "distributor" pursuant to 50-32-101(13) or other category of registrant…

(1) A manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any of the following substances to a person in this state shall submit a report to the department of justice detailing all transactions: (a) phenyl-2-propanone; (b) methylamine;…

(1) Except as provided in subsection (2), a manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any substance regulated pursuant to 50-32-401 to a person in this state must, within 72 hours, submit a report of the transaction to the de…

(1) The department of justice must provide a common reporting form for the report required under 50-32-401. (2) The form must contain the following information: (a) name of the substance; (b) quantity of the substance sold, transferred, or furnished; (c) the date the substance wa…

(1) The theft or loss of a substance regulated in accordance with 50-32-401 must be reported to the department of justice within 3 days after the theft or loss is discovered. (2) Any difference between the quantity received of any substance regulated as provided in 50-32-401 and …

(1) A person commits the offense of failure to report distribution of a precursor to a controlled substance if the person purposely or knowingly fails to report the sale, transfer, or other furnishing of a substance regulated by 50-32-401. (2) A person convicted of failing to rep…

(1) Except as provided in subsection (2), a person may not purchase, receive, or otherwise acquire more than 9 grams within any 30-day period or more than 3.6 grams per day of any product, mixture, or preparation containing any detectable quantity of ephedrine or pseudoephedrine,…