Title 19 — Foods, Drugs, Oils, and Compounds

1. The controlled substances listed in this section are included in schedule V. 2. 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. 3. Narcotic drugs. Unless sp…

The board shall revise and republish the schedules annually.

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.

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 …

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 intere…

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 hist…

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 cha…

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. …

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.

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 telephoned, faxed, or electronic mailed to the state board of pharmacy. In addition, significant loss has be…

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.

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 ca…

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 d…

1. Except as provided in subsection 2, a person who intentionally ingests, inhales, injects, 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 whil…

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…

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 A misdemeanor for a first…

1. As used in this section: a. "Consume" means to inject, ingest, or inhale a controlled substance. b. "Controlled substance" includes derivatives or analogs to a scheduled controlled substance. c. "Injury" means an overdose that puts an individual's life at immediate risk. d. "S…

1. Except as authorized by this chapter, it is unlawful for a 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 me…

1. A person who violates section 19-03.1-23 is subject to the penalties provided in subsection 2 if: a. The offense was committed during a school sponsored activity or was committed during the hours of six a.m. to ten p.m. if school is in session, the offense involved the manufac…

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 stat…

An individual is immune from criminal prosecution under sections 19-03.1-22.1, 19-03.1-22.3, 19-03.1-22.5, subsection 7 of section 19-03.1-23, subsection 3 of section 19-03.2-03, and section 19-03.4-03 if in good faith that individual seeks medical assistance for another individu…

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 the…

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 reg…

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 syring…

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.

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.

Repealed by S.L. 1975, ch. 106, § 673.

Repealed by S.L. 2005, ch. 196, § 4.

Repealed by S.L. 1975, ch. 106, § 673.

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 summonse…

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 …

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.

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…

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, …

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 …

1. Forfeiture proceedings are civil actions against the property to be forfeited and the standard of proof is clear and convincing evidence. 2. Forfeiture proceedings are separate and distinct from any related criminal action, and may not be initiated until the owner of the prope…

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 n…

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.

1. 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 a valid seizure of the property to be forfeited, and the property meets the requirements of subsection 2…

1. 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 …

1. As used in this section, "law enforcement agency" means a nonfederal public agency authorized by law or by a government agency or branch to enforce the law and to conduct or engage in investigations or prosecutions for violations of law, including the authority to conduct or e…

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 p…

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 supporte…

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 …

Repealed by S.L. 1985, ch. 262, § 27.

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.

Repealed by S.L. 1983, ch. 82, § 154.

This chapter may be cited as the Uniform Controlled Substances Act.

Repealed by S.L. 2017, ch. 366, § 6. 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…

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 subm…