SB 64 Text

Senate Bill No. 64
(By Senator Wagner)
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[Introduced January 21, 1994; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact articles one, two, three and four, chapter sixty-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to controlled substances; definitions; enrolling certain chemical substances ranked by the potential for abuse and usefulness in medical treatment in five ranked schedules; permitting the state board of pharmacy to schedule additional substances as controlled substances; providing for emergency scheduling of chemical analogues to scheduled controlled substances; regulating the manufacture, distribution and dispensing of controlled substances; requiring registration of all persons who manufacture, distribute or dispense controlled substances; suspension or revocation of registration; orders to show cause; diversion prevention and control; requiring the department of health and human resources to report on patterns in distribution, diversion and abuse of controlled substances and to engage

in agreements with other agencies and cooperative programs to identify, prevent and control diversion; offenses and penalties; adding penalty provisions for offenses relating to counterfeit and imitation controlled substances, for solicitation to engage in violations relating to controlled substances, for distribution of controlled substances in the vicinity of a school or college, for using children in the distribution of controlled substances and for laundering proceeds from traffic in controlled substances; and requiring monetary assessment of persons convicted of violations to be used for purposes of drug education and treatment.
Be it enacted by the Legislature of West Virginia:
That articles one, two, three and four, chapter sixty-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all to read as follows:

ARTICLE 1. DEFINITIONS.

§60A-1-101. Definitions.

As used in this chapter:
(a) "Administer" unless the context otherwise requires, means to apply controlled substance, whether by injection, inhalation, ingestion or any other means, directly to the body of a patient or research subject by:
(1) A practitioner (or, in the practitioner's presence, by the practitioner's authorized agent); or
(2) The patient or research subject at the direction and inthe presence of the practitioner.
(b) "Controlled substance" means a drug, substance or immediate precursor included in Schedules I through V of article two.
(c)(1) "Controlled substance analog" means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II; and
(A) Which has a stimulant, depressant or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II; or
(B) 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 the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II.
(2) The term does not include:
(A) A controlled substance;
(B) A substance for which there is an approved new drug application;
(C) A substance with respect to which an exemption is in effect for investigational use by a particular person 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; or
(D) Any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.
(d) "Deliver" or "delivery," unless the context otherwise requires, means the actual or constructive transfer from one person to another of a substance, whether or not there is an agency relationship.
(e) "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.
(f) "Dispenser" means a practitioner who dispenses.
(g) "Distribute" means to deliver, other than by administering or dispensing, a controlled substance.
(h) "Distributor" means a person who distributes.
(i) "Drug" means (1) substances recognized as drugs in the official United States Pharmacopoeia, National Formulary or the official Homeopathic Pharmacopoeia of the United States, or any supplement to any of them; (2) substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in individuals or animals; (3) substances (other than food) intended to affect the structure or any function of the body of individuals or animals; and (4) substances intended for use as acomponent of any article specified in clause (1), (2) or (3) of this subdivision. The term does not include devices or their components, parts or accessories.
(j) "Drug enforcement administration" means the drug enforcement administration in the United States department of justice, or its successor agency.
(k) "Immediate precursor" means a substance:
(1) That the "state board of board of pharmacy" has found to be and by rule designates as being the principal compound used, or produced primarily for use, in the manufacture of a controlled substance;
(2) That is an immediate chemical intermediary used or likely to be used in the manufacture of the controlled substance; and
(3) The control of which is necessary to prevent, curtail or limit the manufacture of the controlled substance.
(l) "Isomer" means an optical isomer, but in sections 101(o)(5), 204(a)(1)(V), 204(a)(1)(X), 206(a)(1)(D) and 401(a)(1)(B)(ii) the term includes any geometrical isomer; in sections 204(a)(1)(H), 204(a)(1)(pp) and 210(a)(3) the term includes any positional isomer; and in sections 204(a)(1)(II), 204(a)(3) and 208(a)(1) the term includes any positional or geometric isomer.
(m) "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly or byextraction 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, compounding, packaging, repackaging, labeling or relabeling of a controlled substance:
(1) 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
(2) 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.
(n) "Marihuana" means all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. 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 the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.
(o) "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemicalsynthesis, or by a combination of extraction and chemical synthesis:
(1) Opium, opium derivative and any derivative of opium or opium derivative, including their salts, isomers and salts of isomers, whenever the existence of the salts, isomers and salts of isomers is possible within the specific chemical designation. The term does not include the isoquinoline alkaloids of opium;
(2) Synthetic opiate and any derivative of synthetic opiate, including their osomers, esters, ethers, salts and salts of isomers, esters and ethers, whenever the existence of the isomers, esters, ethers and salts is possible within the specific chemical designation;
(3) Poppy straw and concentrate of poppy straw;
(4) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine and derivatives of ecgonine or their salts have been removed;
(5) Cocaine, or any salt, isomer or salt of isomer thereof;
(6) Cocaine base;
(7) Ecgonine, or any derivative, salt, isomer or salt of isomer thereof;
(8) Any compound, mixture or preparation containing any quantity of any substance referred to in subparagraphs (1) through (7).
(p) "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 oraddiction-sustaining liability. The term includes opium, substances derived from opium (opium derivatives) and synthetic opiates. The term does not include, unless specifically designated as controlled under section two hundred one, article two of this chapter, the dextrorotatory isomer of 3-methoxy-n- methylmorphinan and its salts (dextromethorphan). The term includes the racemic and levorotatory forms of dextromethorphan.
(q) "Opium poppy" means the plant of the species Papaver somniferum L., except its seeds.
(r) "Person" means individual, corporation, business trust, estate, trust, partnership, association, joint venture, government or governmental subdivision or agency or any other legal or commercial entity.
(s) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.
(t) "Practitioner" means a physician, dentist, veterinarian, scientific investigator, pharmacy, hospital or other person licensed, registered or otherwise permitted, by this state, to distribute, dispense, conduct research with respect to, administer, or to use in teaching or chemical analysis, a controlled substance in the course of professional practice or research.
(u) "Production," unless the context otherwise requires, includes the manufacturing, planting, cultivating, growing or harvesting of a controlled substance.
(v) "State," unless the context otherwise requires, means astate of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.
(w) "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 an individual's household or for administering to an animal owned by the individual or by a member of the individual's household.

ARTICLE 2. STANDARDS AND SCHEDULES.

§60A-2-201. Authority to control.

(a) The state board of pharmacy shall administer the provisions of this chapter and may add substances to or delete or reschedule substances listed in sections two hundred four, two hundred six, two hundred eight, two hundred ten or two hundred twelve pursuant to the procedures of chapter twenty-nine-a of this code.
(1) In making a determination regarding a substance, the state board of pharmacy 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 controlled substance.
(2) The state board of pharmacy may consider findings of the federal food and drug administration or the drug enforcement administration as prima facie evidence relating to one or more of the determinative factors.
(b) After considering the factors enumerated in subsection (a), the state board of pharmacy shall make findings with respect thereto and adopt and cause to be published a rule controlling the substance upon finding the substance has a potential for abuse.
(c) The state board of pharmacy, without regard to the findings required by subsection (a) or sections two hundred three, two hundred five, two hundred seven, two hundred nine and two hundred eleven or the procedures prescribed by subsections (a) and (b) of this section, may place an immediate precursor in the same schedule in which the controlled substance of which it is an immediate precursor is placed or in any other schedule. If the state board of pharmacy designates a substance as an immediate precursor, substances that are precursors of the controlled precursor are not subject to control solely because they are precursors of the controlled precursor.
(d) If a substance is designated, rescheduled or deleted as a controlled substance under federal law, the state board ofpharmacy shall similarly control the substance under the provisions of this chapter after the expiration of thirty days from the date of publication in the Federal Register of a final order designating the substance as a controlled substance or rescheduling or deleting the substance or from the date of issuance of an order of temporary scheduling under section 508 of the federal Dangerous Drug Diversion Control Act of 1984 (21 U.S.C. 811(h)), unless within that thirty-day period, the state board of pharmacy or an interested party objects to inclusion, rescheduling, temporary scheduling or deletion. If no objection is made, the state board of pharmacy shall adopt and cause to be published, without the necessity of making determinations or findings as required by subsection (a) or section two hundred three, two hundred five, two hundred seven, two hundred nine or two hundred eleven, a final rule for which notice of proposed rulemaking is omitted, designating, rescheduling, temporarily scheduling or deleting the substance. If an objection is made, the state board of pharmacy shall make a determination with respect to the designation, rescheduling or deletion of the substance as provided by subsection (a). Upon receipt of an objection to inclusion, rescheduling or deletion under the provisions of this chapter by the state board of pharmacy, the state board of pharmacy shall publish notice of the receipt of the objection and control under the provisions of this chapter is stayed until the state board of pharmacy adopts a rule as provided by subsection (a).
(e) The state board of pharmacy, by rule and without regard to the requirements of subsection (a), may schedule a substance in Schedule I regardless of whether the substance is substantially similar to a controlled substance in Schedule I or II if the state board of pharmacy finds that scheduling of the substance on an emergency basis is necessary to avoid an imminent hazard to the public safety and the substance is not included in any other schedule or no exemption or approval is in effect for the substance under section 505 of the federal Food, Drug and Cosmetic Act (21 U.S.C. 355). Upon receipt of notice under section two hundred fourteen, the state board of pharmacy shall initiate scheduling of the controlled substance analog on an emergency basis pursuant to this subsection. The scheduling of a substance under this subsection expires one year after the adoption of the scheduling rule. With respect to the finding of an imminent hazard to the public safety, the state board of pharmacy shall consider whether the substance has been scheduled on a temporary basis under federal law or factors set forth in subsections (a)(1)(D), (E) and (F), and may also consider clandestine importation, manufacture or distribution, and, if available, information concerning the other factors set forth in subsection (a)(1). A rule may not be adopted under this subsection until the state board of pharmacy initiates a rulemaking proceeding under subsection (a) with respect to the substance. A rule adopted under this subsection must be vacated upon the conclusion of the rulemaking proceeding initiated undersubsection (a) with respect to the substance.
(f) Authority to control under this section does not extend to distilled spirits, wine, malt beverages or tobacco.

§60A-2-202. Nomenclature.

The controlled substances listed or to be included in the schedules in sections two hundred four, two hundred six, two hundred eight, two hundred ten and two hundred twelve are included by whatever official, common, usual, chemical or trade name designated.

§60A-2-203. Schedule I tests.

(a) The state board of pharmacy shall place a substance in Schedule I upon finding that the substance:
(1) Has high potential for abuse;
(2) Has no currently accepted medical use in treatment in the United States; and
(3) Lacks accepted safety for use under medical supervision.
(b) The state board of pharmacy may place a substance in Schedule I without making the findings required by subsection (a) if the substance is controlled under Schedule I of the federal Controlled Substances Act by a federal agency as the result of an international treaty, convention or protocol.

§60A-2-204. Schedule I.

(a) Unless specifically excepted by state or federal law or regulation or more specifically included in another schedule, the following controlled substances are listed in Schedule I:
(1) Any of the following synthetic opiates, including theirisomers, 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:
(A) Acetyl-alpha-methylfentanyl (N-[1-(-methyl-2-phenethyl) -4-piperidinyl]-N-phenylacetamide);
(B) Acetylmethadol;
(C) Allylprodine;
(D) Alphacetylmethadol;
(E) Alphameprodine;
(F) Alphamethadol;
(G) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl) ethyl-4-piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl)-4- (N-propanilido) piperidine);
(H) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl) ethyl-4-piperidinyl]-N-phenylpropanamide);
(I) Benzethidine;
(J) Betacetylmethadol;
(K) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl) -4- piperidinyl]-N-phenylpropanamide);
(L) Beta-hydroxy-3-methylfentanyl (other name:
N-[1-(2-hydroxy-2-phenethyl)-3-methyl-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
(N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide);
(II) 3-methylthiofentanyl (N-[3-methyl-1-(2-thienyl)
ethyl-4-piperinyl]-N-phenylpropanamide);
(JJ) Morpheridine;
(KK) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
(LL) Noracymethadol;
(MM) Norlevorphanol;
(NN) Normethadone;
(OO) Norpipanone;
(PP) Para-fluorofentanyl (N-(4-fluorophenyl)
-N-[1-(2-phenethyl)-4-piperidinly]-propanamide);
(QQ) PEPAP(1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(RR) Phenadoxone;
(SS) Phenampromide;
(TT) Phenomorphan;
(UU) Phenoperidine;
(VV) Piritramide;
(WW) Proheptazine;
(XX) Properidine;
(YY) Propiram;
(ZZ) Racemoramide;
(AAA) Thiofentanyl
(N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide);
(BBB) Tilidine;
(CCC) Trimeperidine.
(2) Any of the following opium derivatives, 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) Acetorphine;
(B) Acetyldihydrocodeine;
(C) Benzylmorphine;
(D) Codeine methylbromide;
(E) Codeine-N-Oxide;
(F) Cyprenorphine;
(G) Desomorphine;
(H) Dihydromorphine;
(I) Drotebanol;
(J) Etorphine, except hydrocholoride 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.
(3) 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:
(A) 4-bromo-2,5-dimethoxy-amphetamine (Some trade or other names: 4-bromo-2,5-dimethoxy-alpha-methylphenethylamine; 4- bromo-2,5-DMA.);
(B) 2,5-dimethoxyamphetamine (Some trade or other names: 2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA.);
(C) 4-methoxyamphetamine; (Some trade or other names: 4- methoxy-alpha-methylphenethylamine; paramenthoxyamphetamine; PMA.);
(D) 5-methloxy-3, 4-methylenedioxy amphetamine;
(E) 4-methyl-2,5-dimethoxy amphetamine (Some trade and other names: 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; DOM; and STP.);
(F) 3,4-methylenedioxy amphetamine;
(G) 3,4-methylenedioxymethamphetamine (MDMA);
(H) methylenedioxy-N-ethylamphetamine (also known as N-ethyl-alpha-methy1-3,4 (methylenedioxy) phenethylamine, N-ethyl MDA,MDE, MDEA);
(I) N-hydroxy-3,4-methylenedioxy amphetamine (also knwon as N-hydroxy-alpha-methyl-3,4 (methylenedioxy) phenethylamine, and N-hydroxy MDA);
(J) 3,4,5-trimethoxy amphetamine;
(K) Bufotenine (Some trade and other names: 3-(beta- Dimethylaminoethyl) -5-hydroxyindole; 3-(2-dimethylaminoethyl) - 5-indolol; N, N-dimethylserotonin; 5-hydroxy-N,N- dimethyltryptamine; mappine.);
(L) Diethyltryptamine (Some trade or other names: N,N- Diethyltryptamine; DET.);
(M) Dimethyltryptamine (Some trade or other names: DMT.);
(N) Ibogaine (Some trade and other names: (7-Ethyl-6,6B,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-5H-pyrido [1', 2': 1,2] azepine [5,4-b] indole; Tabernanthe iboga.);
(O) Lysergic acid diethylamide;
(P) Marihuana;
(Q) Mescaline;
(R) Parahexyl (Some trade or other names: 3-Hexyl-1- hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo [b,d]pyran; Synhexyl.);
(S) Peyote (Meaning 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 the plant and every compound, manufacture, salts, derivative, mixture or preparation of the plant, its seeds or extracts.);
(T) N-ethyl-3-piperidyl benzilate;
(U) N-methyl-3-piperidyl benzilate;
(V) Psilocybin;
(W) Psilocyn;
(X) Tetrahydrocannabinols, synthetic equivalents of the substances contained in the plant, or in the resinous extractives of cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following:
(A) 1 - cis or trans tetrahydrocannabinol, and their isomers;
(B) 6 - cis or trans tetrahydrocannabinol, and their isomers; and
(C) 3,4 - cis or trans tetrahydrocannabinol, and its isomers (since nomenclature of these substances is not internationally standarized, compounds of these structures, regardless of numerical desynatime of atomic positions covered);
(Y) Ethylamine analog of phencyclidine (Some trade or other names: N-ethyl-1-phenylcyclohexylamine, (l-phenylcyclohexyl) ethylamine, N-(l-phenylcyclohexyl) ethylamine, cyclohexamine, PCE.);
(Z) Pyrrolidine analog of phencyclidine (Some trade or other names: l-(l-phenylcyclohexyl)-pyrrolidine, PCPy, PHP.);
(AA) Thiophene analog of phencyclidine (Some trade or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine, 2-thienyl analog of phencyclidine, TPCP, TCP.); and
(BB) TCPy.
(4) Any material, compound, mixture or preparation containing any quantity of the following substances having a depressant effect on the central nervous system, 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) Mecloqualone;
(B) Methaqualone.
(5) 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:
(A) Fenethylline;
(B) N-ethylamphetamine;
(C) (+) Cis-4-methylaminorex ((+) cis-4,5- dihydro-4-methyl-5-phenyl-2-oxazolamine); and
(D) N,N-dimethylamphetamine (also known as N,n-alpha-trimethyl-benzeneethanamine; N-N-alpha-trimethylphenethylamine).
(b) The controlled substances listed in this section may be rescheduled or deleted as provided for in section two hundred one.

§60A-2-205. Schedule II tests.

(a) The state board of pharmacy shall place a substance in Schedule II upon finding 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 psychological or physical dependence.
(b) The state board of pharmacy may place a substance in Schedule II without making the findings required by subsection (a) if the substance is controlled under Schedule II of the federal Controlled Substances Act by a federal agency as the result of an international treaty, convention or protocol.

§60A-2-206. Schedule II.

(a) Unless specifically excepted by state or federal law orregulation or more specifically included in another schedule, the following controlled substances are listed in Schedule II:
(1) Any of the following substances, however manufactured:
(A) Opium and opium derivative, and any salt, compound, derivative or preparation of opium or opium derivative, excluding apomorphine, thebaine-derived buto.phanol, dextrorphan, nalbuphine, butorphanol, nalmefene, naloxone and naltrexone, but including:
(i) Raw opium;
(ii) Opium extracts;
(iii) Opium fluid;
(iv) Powdered opium;
(v) Granulated opium;
(vi) Tincture of opium;
(vii) Codeine;
(viii) Ethylmorphine;
(ix) Etorphine hydrocholoride;
(x) Hydrocodone;
(xi) Hydromorphone;
(xii) Metopon;
(xiii) Morphine;
(xiv) Oxycodone;
(xv) Oxymorphone;
(xvi) Thebaine.
(B) Any salt, compound, derivative or preparation thereof that is chemically equivalent or identical with any of thesubstances referred to in subdivision (1), 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, but not including 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 phenanthrene alkaloids of the opium poppy).
(2) Any of the following synthetic opiates, including their isomers, esters, ethers, salts and salts of isomers, esters and ethers of them that are theoretically possible within the specific chemical designation, dextiorphan and levopropoxyphene excepted:
(A) Alfentanil;
(B) Alphaprodine;
(C) Anileridine;
(D) Bezitramide;
(E) Carfental;
(F) Bulk dextropropoxyphene (nondosage forms);
(G) Dihydrocodeine;
(H) Diphenoxylate;
(I) Fentanyl;
(J) Isomethadone;
(K) Levomethorphan;
(L) Levorphanol;
(M) Metazocine;
(N) Methadone;
(O) Methadone-Intermediate, 4-cyano-2-dimethylamino-4,
4-diphenyl butane;
(P) Moramide-Intermediate, 2-methyl-3-morpholino-1,
1-diphenylpropanecarboxylic acid;
(Q) Pethidine (meperidine);
(R) Pethidine-Intermediate-A,
4-cyano-1-methyl-4-phenylpiperidine;
(S) Pethidine-Intermediate-B,
ethyl-4-phenylpiperidine-4-carboxylate;
(T) Pethidine-Intermediate-C,
1-methyl-4-phenylpiperidine-4-carboxylic acid;
(U) Phenazocine;
(V) Piminodine;
(W) Racemethorphan;
(X) Racemorphan;
(Y) Sufentanil.
(3) Any material, compound, mixture or preparation containing any quantity of the following substances, their salts, isomers or salts of isomers, having a stimulant effect on thecentral nervous system:
(A) Amphetamine;
(B) Methamphetamine;
(C) Phenmetrazine; and
(D) Methylphenidate.
(4) Any material, compound, mixture or preparation containing any quantity of the following substances having a depressant effect on the central nervous system, including their salts, isomers and salts of isomers of them that are theoretically possible within the specific chemical designation:
(A) Amobarbital;
(B) Glutethimide;
(C) Pentobarbital;
(D) Phencyclidine;
(E) Secobarbital.
(5)(A) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a federal food and drug administration approved drug product. (Some other names for dronabinol: (6aR-trans)-6a, 7, 8, 10a-tetrahydro-6, 6, 9- trimethyl-3-pentyl-6H-dibenzo [b,d] pyran-1- ol, or (-) -delta-9- (trans)-tetrahydrocannabinol).
(B) Nabilone (Another name for nabilone: (+) trans-3-(1, 1- demethylheptyl)-6, 6a, 7, 8, 10, 10a-hexahydro-1-hydroxy-6, 6- dimethyl-9Hdibenzo [b,d] pyran-9-one).
(6) Any material, compound, mixture or preparation containing 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:
(i) 1-phenylcyclohexylamine;
(ii) 1-piperidinocyclohexanecarbonitrile (PCC).
(b) The controlled substances listed in this section may be rescheduled or deleted as provided for in section two hundred one.

§60A-2-207. Schedule III tests.

(a) The state board of pharmacy shall place a substance in Schedule III upon finding that:
(1) The substance has a potential for abuse less than the substances included 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.
(b) The state board of pharmacy may place a substance in Schedule III without making the findings required by subsection (a) if the substance is controlled under Schedule III of the federal Controlled Substances Act by a federal agency as the result of an international treaty, convention or protocol.

§60A-2-208. Schedule III.

(a) Unless specifically excepted by state or federal law or regulation or more specifically included in another schedule, thefollowing controlled substances are listed in Schedule III:
(1) 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 whenever the existence of those salts, isomers and salts of isomers is possible within the specific chemical designation:
(A) Any compound, mixture or preparation in dosage unit form containing any stimulant substance included in Schedule II and which was listed as an excepted compound on the twenty-fifth day of August, one thousand nine hundred seventy-one, pursuant to the federal Controlled Substances Act, and any other drug of the quantative composition shown in that list for those drugs or which is the same except for containing a lesser quantity of controlled substances;
(B) Benzphetamine;
(C) Chlorphentermine;
(D) Clortermine;
(E) Phendimetrazine.
(2) Any material, compound, mixture or preparation containing any quantity of the following substances having a depressant effect on the central nervous system:
(A) Any compound, mixture or preparation containing any of the following drugs or their salts and one or more other active medicinal ingredients not included in any schedule:
(i) Amobarbital;
(ii) Secobarbital;
(iii) Pentobarbital;
(B) Any of the following drugs, or their salts, in suppository dosage form, approved by the federal Food and Drug Administration for marketing only as a suppository:
(i) Amobarbital;
(ii) Secobarbital;
(iii) Pentobarbital;
(C) Any substance containing any quantity of a derivative of barbituric acid or any salt of a derivative of barbituric acid;
(i) Chlorhexadol;
(ii) Glutethimide;
(iii) Lysergic acid;
(iv) Lysergic acid amide;
(v) Methyprylon;
(vi) Sulfondiethylmethane;
(vii) Sulfonethylmethane;
(viii) Sulfonmethane;
(ix) Tiletamine and zolazepam or any of their salts (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-fluorophenyl)-6, 8-dihydro-1, 3, 8- trimethylpyrazolo-[3,4-e] [1,4]-diazepin-7(1H)-one. flupyrazapon).
(3) Nalorphine.
(4) Any material, 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:
(A) Not more than 1.8 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;
(B) Not more than 1.8 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;
(C) Not more than 300 milligrams of dihydrocodeinone (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;
(D) Not more than 300 milligrams of dihydrocodeinone (hydrocodone) per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(E) Not more than 1.8 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;
(F) 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 recognizedtherapeutic amounts;
(G) 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;
(H) 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; and
(I) Anabolic steroids. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any quantity of the following substances, including any salts, isomers, and salts of isomers of them that are theoretically possible within the specific chemical designation:
(A) Anabolic steroids.
(b) The state board of pharmacy may except by rule any compound, mixture or preparation containing any stimulant or depressant substance listed in subsections (a)(1) and (a)(2) from the application of all or any part of the provisions 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 in combinations, quantity, proportion or concentration that vitiate the potential for abuse of the substances having a stimulant or depressant effect on the central nervous system.
(c) The controlled substances listed in this section may be rescheduled or deleted as provided for in section two hundred one.

§60A-2-209. Schedule IV tests.

(a) The state board of pharmacy shall place a substance in Schedule IV upon finding that:
(1) The substance has a low potential for abuse relative to substances included 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 included in Schedule III.
(b) The state board of pharmacy may place a substance in Schedule IV without making the findings required by subsection (a) if the substance is controlled under Schedule IV of the federal Controlled Substances Act by a federal agency as the result of an international treaty, convention or protocol.

§60A-2-210. Schedule IV.

(a) Unless specifically excepted by state or federal law or regulation or more specifically included in another schedule, the following controlled substances are listed in Schedule IV:
(1) Any material, 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:
(A) Not more than one milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit;
(B) Dextropropoxyphene (alpha-(+)-4-dimethylamino-1, 2- diphenyl-3-methyl-2-propionoxybutane).
(2) Any material, compound, mixture or preparation containing any quantity of the following substances having a depressant effect on the central nervous system, 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) Chloral betaine;
(F) Chloral hydrate;
(G) Chlordiazepoxide;
(H) Clobazam;
(I) Clonazepam;
(J) Clorazepate;
(K) Clotiazepam;
(L) Cloxazolam;
(M) Delorazepam;
(N) Diazepam;
(O) Estazolam;
(P) Ethchlorvynol;
(Q) Ethinamate;
(R) Ethyl loflazepate;
(S) Fludiazepam;
(T) Flunitrazepam;
(U) Flurazepam;
(V) Halazepam;
(W) Haloxazolam;
(X) Ketazolam;
(Y) Loprazolam;
(Z) Lorazepam;
(AA) Lormetazepam;
(BB) Mebutamate;
(CC) Medazepam;
(DD) Meprobamate;
(EE) Methohexital;
(FF) Methylphenobarbital (mephobarbital);
(GG) Midazolam;
(HH) Nimetazepam;
(II) Nitrazepam;
(JJ) Nordiazepam;
(KK) Oxazepam;
(LL) Oxazolam;
(MM) Paraldehyde;
(NN) Petrichloral;
(OO) Phenobarbital;
(PP) Pinazepam;
(QQ) Prazepam;
(RR) Quazepam;
(SS) Temazepam;
(TT) Tetrazepam;
(UU) Triazolam.
(3) Any material, compound, mixture or preparation containing any quantity of the following substance, including its salts, isomers and salts of isomers, whenever the existence of the salts, isomers and salts of isomers is possible: Fenfluramine.
(4) 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:
(A) Cathine((+)-norseudophedrine);
(B) Diethylpropion;
(C) Fencamfamin;
(D) Fenproporex;
(E) Mazindol;
(F) Mefenorex;
(G) Pemoline (including organometallic complexes and chelates thereof);
(H) Phentermine;
(I) Pipradrol; and
(J) SPA ((-)-1-dimethylamino-1, 2-diphenylethane).
(5) Any material, compound, mixture or preparationcontaining any quantity of the following substance, including its salts: pentazocine.
(b) The state board of pharmacy may except by rule any compound, mixture or preparation containing any depressant substance listed in subsection (a)(2) from the application of all or any part of the provisions 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 in combinations, quantity, proportion or concentration that vitiate the potential for abuse of the substances having a depressant effect on the central nervous system.
(c) The controlled substances listed in this section may be reschedule or deleted as provided for in section two hundred one of this article.

§60A-2-211. Schedule V tests.

(a) The state board of pharmacy shall place a substance in Schedule V upon finding that:
(1) The substance has a low potential for abuse relative to substances listed in Schedule IV;
(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 included in Schedule IV.
(b) The state board of pharmacy may place a substance inSchedule V without being required to make the findings required by subsection (a) if the substance is controlled under Schedule V of the federal Controlled Substances Act by a federal agency as the result of an international treaty, convention or protocol.

§60A-2-212. Schedule V.

(a) Unless specifically excepted by state or federal law or regulation or more specifically included in another schedule, the following controlled substances are listed in Schedule V:
(1) Any material compound, mixture or preparation containing any of the following narcotic drug and its salts: buprenorphine.
(2) 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 also contains 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 the narcotic drug 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 100milliliters or per 100 grams;
(F) Not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.
(3) 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:
(A) Pyrovalerone.
(b) The controlled substances listed in this section may be rescheduled or deleted as provided for in section two hundred one.

§60A-2-213. Publishing of schedules.

The state board of pharmacy shall publish updated schedules annually. Failure to publish updated schedules is not a defense in any administrative or judicial proceeding under the provisions of this chapter.

§60A-2-214. Controlled substance analog treated as Schedule I substance.

A controlled substance analog, to the extent intended for human consumption, must be treated, for the purposes of the provisions of this chapter, as a substance included in Schedule I. Within ten days after the initiation of prosecution with respect to a controlled substance analog by indictment or information, the prosecuting attorney shall notify the state board of pharmacy of information relevant to emergency scheduling as provided for section two hundred one (e). After finaldetermination that the controlled substance analog should not be scheduled, no prosecution relating to that substance as a controlled substance analog may continue or take place.

ARTICLE 3. REGULATION OF MANUFACTURE, DISTRIBUTION AND DISPENSING OF CONTROLLED SUBSTANCES.

§60A-3-301. Rules.

The state board of pharmacy may adopt rules and charge fees relating to the registration and control of the manufacture, distribution and dispensing of controlled substances within this state.

§60A-3-302. Registration requirements.

(a) 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 state board of pharmacy in accordance with rules adopted by the state board of pharmacy.
(b) A person registered by the state board of pharmacy under the provisions of 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 the registration and in conformity with this article.
(c) The following persons need not register and may lawfully possess controlled substances under the provisions of this chapter:
(1) An agent or employee of any registered manufacturer, distributor or dispenser of any controlled substance if the agent or employee is acting in the usual course of his business or employment;
(2) 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;
(3) 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 substance included in Schedule V.
(d) The state board of pharmacy may waive by rule the requirement for registration of certain manufacturers, distributors or dispensers upon finding it consistent with the public health and safety.
(e) A separate registration is required at each principal place of business or professional practice where the applicant manufactures, distributes or dispenses controlled substances.
(f) The state board of pharmacy may inspect the establishment of a registrant or applicant for registration in accordance with rules adopted by the state board of pharmacy.

§60A-3-303. Registration.

(a) The state board of pharmacy shall register an applicant to manufacture or distribute controlled substances included in Schedules I through V unless it determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the state board of pharmacyshall consider the following factors:
(1) Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, research or industrial channels;
(2) Compliance with applicable state and local law;
(3) Promotion of technical advances in the art of manufacturing controlled substances and the development of new substances;
(4) Any convictions of the applicant under any laws of another country or federal or state laws relating to any controlled substance;
(5) Past experience in the manufacture or distribution of controlled substances, and the existence in the applicant's establishment of effective controls against diversion of controlled substances into other than legitimate medical, scientific, research or industrial channels;
(6) Furnishing by the applicant of false or fraudulent material in any application filed under the provisions of this chapter;
(7) Suspension or revocation of the applicant's federal registration or the applicant's registration of another state to manufacture, distribute or dispense controlled substances as authorized by federal law; and
(8) Any other factors relevant to and consistent with the public health and safety.
(b) Registration under subsection (a) does not entitle aregistrant to manufacture and distribute controlled substances in Schedule I or II other than those specified in the registration.
(c) Practitioners must be registered to dispense any controlled substances or to conduct research with controlled substances included in Schedules II through V if they are authorized to dispense or conduct research under the law of this state. The state board of pharmacy need not require separate registration under this article for practitioners engaging in research with nonnarcotic substances in Schedules II through V where the registrant is already registered under this article in another capacity. Practitioners registered under federal law to conduct research with substances in Schedule I may conduct research with substances included in Schedule I within this state upon furnishing the state board of pharmacy evidence of that federal registration.
(d) A manufacturer or distributor registered under the federal Controlled Substances Act (21 U.S.C. 801 et seq.) may submit a copy of the federal application as an application for registration as a manufacturer or distributor under this section. The state board of pharmacy may require a manufacturer or distributor to submit information in addition to the application for registration under the federal act.

§60A-3-304. Suspension or revocation of registration.

(a) A registration under section three hundred three to manufacture, distribute or dispense a controlled substance may be suspended or revoked by the state board of pharmacy upon findingthat the registrant has:
(1) Furnished false or fraudulent material information in any application filed under the provisions of this chapter;
(2) Been convicted of a felony under any state or federal law relating to any controlled substance;
(3) Had the registrant's federal registration suspended or revoked and is no longer authorized by federal law to manufacture, distribute or dispense controlled substances; or
(4) Committed acts that would render registration under section three hundred three inconsistent with the public interest as determined under that section.
(b) The state board of pharmacy may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist.
(c) If the state board of pharmacy 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, 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.
(d) The state board of pharmacy may seize or place underseal any controlled substance owned or possessed by a registrant whose registration has expired or who has ceased to practice or do business in the manner contemplated by the registration. The controlled substance must be held for the benefit of the registrant or the registrant's successor in interest. The state board of pharmacy shall notify a registrant, or the registrant's successor in interest, who has any controlled substance seized or placed under seal, of the procedures to be followed to secure the return of the controlled substance and the conditions under which it will be returned. The state board of pharmacy may not dispose of any controlled substance seized or placed under seal under this subsection until the expiration of one hundred eighty days after the controlled substance was seized or placed under seal. The costs incurred by the state board of pharmacy in seizing, placing under seal, maintaining custody and disposing of any controlled substance under this subsection may be recovered from the registrant, any proceeds obtained from the disposition of the controlled substance, or from both. Any balance remaining after the costs have been recovered from the proceeds of any disposition must be delivered to the registrant or the registrant's successor in interest.
(e) The state board of pharmacy shall promptly notify the Drug Enforcement Administration of all orders restricting, suspending or revoking registration and all forfeitures of controlled substances.

§60A-3-305. Order to show cause.

(a) Before denying, suspending or revoking a registration, or refusing a renewal of registration, the state board of pharmacy 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 state board of pharmacy 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 article five, chapter twenty-nine-a of this code. These proceedings to refuse renewal of registration do not abate the existing registration, which remains in effect pending the outcome of the administrative hearing.
(b) The state board of pharmacy may suspend, without an order to show cause, any registration simultaneously with the institution of proceedings under section three hundred four, 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 state board of pharmacy or dissolved by a court of competent jurisdiction.

§60A-3-306. Records of registrants.

Persons registered to manufacture, distribute or dispense controlled substances under the provisions of this chapter shall keep records and maintain inventories in conformance with the record keeping and inventory requirements of federal law and with any additional rules the state board of pharmacy.

§60A-3-307. Order forms.

A substance included in Schedules I and II may be distributed by a registrant to another registrant only pursuant to an order form. Compliance with the provisions of federal law respecting order forms constitutes compliance with this section.

§60A-3-308. Prescriptions.

(a) A controlled substance may be dispensed only as provided in this section.
(b) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a substance included in Schedule II may not be dispensed without the written prescription of a practitioner.
(c) In emergency situations, as defined by rule of the state board of pharmacy, a substance included in Schedule II may be dispensed upon oral prescription of a practitioner, reduced promptly to writing, signed by the practitioner and filed by the pharmacy. Prescriptions must be retained in conformity with the requirements of section three hundred six. A prescription for a substance in Schedule II may not be refilled.
(d) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a substance included inSchedule III or IV, which is a prescription drug as determined under article five, chapter thirty of the code, may not be dispensed without a written or oral prescription of a practitioner. The prescription must 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.
(e) A substance included in Schedule V must not be distributed or dispensed other than for a medicinal purpose:
(f) A practitioner may dispense or deliver a controlled substance to or for an individual or animal only for medical treatment or authorized research in the ordinary course of that practitioner's profession. Medical treatment includes dispensing or administering a narcotic drug for pain, including intractable pain.
(g) No civil or criminal liability or administrative sanction may be imposed on a pharmacist for action taken in reliance on a reasonable belief that an order purporting to be a prescription was issued by a practitioner in the usual course of professional treatment or in authorized research.
(h) An individual practitioner may not dispense a substance included in Schedule II, III or IV for that individual practitioner's personal use except in a medical emergency.

§60A-3-309. Diversion prevention and control.

(a) As used in this section, "diversion" means the transfer of any controlled substance from a licit to an illicit channel of distribution or use.
(b) The department of health and human resources shall regularly prepare and make available to other state regulatory, licensing and law enforcement agencies a report on the patterns and trends of actual distribution, diversion and abuse of controlled substances.
(c) The department of health and human resources shall enter into written agreements with local, state and federal agencies for the purpose of improving identification of sources of diversion and to improve enforcement of and compliance with the provisions of this chapter and other laws and regulations pertaining to unlawful conduct involving controlled substances. An agreement shall specify the roles and responsibilities of each agency that has information or authority to identify, prevent and control drug diversion and drug abuse. The department of health and human resources shall convene periodic meetings to coordinate a state diversion prevention and control program. The department of health and human resources shall arrange for cooperation and exchange of information among agencies and with neighboring states and the federal government.
(d) The department of health and human resources shall annually report to the governor and to the presiding officer of each house of the Legislature on the outcome of this program with respect to its effects on distribution and abuse of controlled substances, including recommendations for improving control and prevention of the diversion of controlled substances in this state.

ARTICLE 4. OFFENSES AND PENALTIES.

§60A-4-401. Prohibited acts A; penalties.

(a) Except as authorized by the provisions of this chapter, it is unlawful for any person knowingly or intentionally to manufacture, distribute, deliver or possess with intent to manufacture, distribute or deliver a controlled substance.
(1) A person is guilty of a crime and, upon conviction, may be imprisoned for not more than [ ], fined not more than [ ], or both, for a violation of this subsection with respect to:
(A) A mixture or substance containing heroin;
(B) A mixture or substance containing:
(i) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine and derivatives of ecgonine or their salts have been removed;
(ii) Cocaine, or any salt, isomer or salt of isomer thereof;
(iii) Ecgonine, or any derivative, salt, isomer or salt or isomer thereof; or
(iv) Any compound, mixture or preparation containing any quantity of any substance referred to in clauses (i) through (iii);
(C) A mixture or substance described in subparagraph (B) which contains cocaine base;
(D) Phencyclidine or a mixture or substance containing phencyclidine;
(E) A mixture or substance containing lysergic acid diethylamide;
(F) A mixture or substance containing methamphetamine or any of its salts, isomers or salts of isomers; or
(G) A mixture or substance containing twenty-nine grams or more of marihuana.
(2) A person is guilty of a crime and, upon conviction, may be imprisoned for not more than [ ], fined not more than [ ], or both, for a violation of this subsection in the case of a controlled substance in Schedule I or II except as provided in paragraphs (1) and (5).
(3) A person is guilty of a crime and, upon conviction, may be imprisoned for not more than [ ], fined not more than [ ], or both, for a violation of this subsection in the case of a controlled substance in Schedule II.
(4) A person is guilty of a crime and, upon conviction, may be imprisoned for not more than [ ], fined not more than [ ], or both, for a violation of this subsection in the case of a controlled substance in Schedule IV and V.
(5) A person is guilty of a crime and, upon conviction, may be imprisoned for not more than [ ], fined not more than [ ], or both, for a violation of this subsection in the case of marihuana except as provided in paragraph (1).
(b) Notwithstanding any other provision of this chapter:
(1) It is unlawful for any person knowingly or intentionally to distribute, purchase, manufacture or bring into this state, or possess twenty-eight grams or more of any mixture or substance containing heroin. If the quantity involved is:
(A) Twenty-eight grams or more, but less than one hundred grams, the person is guilty of a crime and, upon conviction, shall be imprisoned for not less than [ ] nor more than [ ] and fined not less than [ ];
(B) One hundred grams or more, but less than five hundred grams, the person is guilty of a crime and, upon conviction, shall be imprisoned for not less than [ ] nor more than [ ] and fined not less than [ ];
(C) Five hundred grams or more, the person is guilty of a crime and, upon conviction, shall be imprisoned for not less than [ ] nor more than [ ] and fined not less than [ ].
(2) It is unlawful for any person knowingly or intentionally to manufacture, distribute, purchase or bring into this state, or possess fifty-six grams or more of any mixture or substance containing cocaine or its related substances as described in subsection (a)(1)(B). If the quantity involved is:
(A) Fifty-six grams or more, but less than four hundred fifty grams, the person is guilty of a crime and, upon conviction, shall be imprisoned for not less than [ ] nor more than [ ] and fined not less than [ ];
(B) Four hundred fifty grams or more, but less than one kilogram, the person is guilty of a crime and, upon conviction, shall be imprisoned for not less than [ ] nor more than [ ] and fined not less than [ ];
(C) One kilogram or more, the person is guilty of a crime and, upon conviction, shall be imprisoned for not less than [ ] nor more than [ ] and fined not less than [ ].
(3) It is unlawful for any person knowingly or intentionally to manufacture, distribute, purchase or bring into this state, or possess five grams or more of any mixture or substance containing cocaine base. If the quantity involved is:
(A) Five grams or more, but less than twenty-five grams, the person is guilty of a crime and, upon conviction, shall be imprisoned for not less than [ ] nor more than [ ] and fined not less than [ ].
(B) Twenty-five grams or more, but less than fifty grams, the person is guilty of a crime and, upon conviction, shall be imprisoned for not less than [ ] nor more than [ ] and fined not less than [ ].
(C) Fifty grams or more, the person is guilty of a crime and, upon conviction, shall be imprisoned for not less than [ ] nor more than [ ] and fined not less than [ ].
(4) It is unlawful for any person knowingly or intentionally to distribute, purchase, manufacture or bring into this state, or possess ten grams or more of any mixture or substance containing phencyclidine. If the quantity involved is:
(A) Ten grams or more, but less than fifty grams, the person is guilty of a crime and, upon conviction, shall be imprisoned for not less than [ ] nor more than [ ] and fined not less than [ ], or both;
(B) Fifty grams or more, but less than one hundred grams, the person is guilty of a crime and, upon conviction, shall beimprisoned for not less than [ ] nor more than [ ] and fined not less than [ ];
(C) One hundred grams or more, the person is guilty of a crime and, upon conviction, shall be imprisoned for not less than [ ] nor more than [ ] and fined not less than [ ].
(5) It is unlawful for any person knowingly or intentionally to distribute, purchase, manufacture or bring into this state, or possess five hundred milligrams or more of any mixture or substance containing lysergic acid diethylamide. If the quantity involved is:
(A) Five hundred milligrams or more, but less than one gram, the person is guilty of a crime and, upon conviction, shall be imprisoned for not less than [ ] nor more than [ ] and fined not less than [ ];
(B) One gram or more, but less than five grams, the person is guilty of a crime and, upon conviction, shall be imprisoned for not less than [ ] nor more than [ ] and fined not less than [ ];
(C) Five grams or more, the person is guilty of a crime and, upon conviction, shall be imprisoned for not less than [ ] nor more than [ ] and fined not less than [ ].
(6) It is unlawful for any person knowingly or intentionally to distribute, purchase, manufacture or bring into this state, or possess fifty-six grams or more of any mixture or substance containing methamphetamine or any of its salts, isomers or salts of isomers. If the quantity involved is:
(A) Fifty-six grams or more, but less than four hundred fifty grams, the person is guilty of a crime and, upon conviction, shall be imprisoned for not less than [ ] nor more than [ ] and fined not less than [ ].
(B) Four hundred fifty grams or more, but less than one kilogram, the person is guilty of a crime and, upon conviction, shall be imprisoned for not less than [ ] nor more than [ ] and fined not less than [ ];
(C) One kilogram or more, the person is guilty of a crime and, upon conviction, shall be imprisoned for not less than [ ] nor more than [ ] and fined not less than [ ].
(7) It is unlawful for any person knowingly or intentionally to distribute, purchase, manufacture or bring into this state, or possess ten kilograms or more of marihuana. If the quantity of marihuana involved is:
(A) Ten kilograms or more, but less than fifty kilograms, the person is guilty of a crime and, upon conviction, shall be imprisoned for not less than [ ] nor more than [ ] and fined not less than [ ];
(B) Fifty kilograms or more, but less than one hundred kilograms, the person is guilty of a crime and, upon conviction, shall be imprisoned for not less than [ ] nor more than [ ] and fined not less than [ ];
(C) One hundred kilograms or more,the person is guilty of a crime and, upon conviction, shall be imprisoned for not less than [ ] nor more than [ ] and fined not less than [ ].
(c) Except as authorized by law, it is unlawful for a person knowingly or intentionally to possess any piperidine with intent to manufacture a controlled substance, or knowingly or intentionally to possess any piperidine knowing, or having reasonable cause to believe, that the piperidine will be used to manufacture a controlled substance contrary to the provisions of this chapter. A person who violates this subsection is guilty of a crime and, upon conviction, may be imprisoned for not more than [ ], fined not more than [ ], or both.
(d) Notwithstanding any other provision of this article, with respect to any individual who is found to have violated subsection (b), adjudication of guilt or imposition of sentence may not be suspended, deferred or withheld, nor may the individual be eligible for parole before serving the mandatory term of imprisonment prescribed by this section.
(e) Notwithstanding any other provision of this article, the defendant or the attorney for the state may request the sentencing court to reduce or suspend the sentence of any individual who is convicted of a violation of this section and who provides substantial assistance in the identification, arrest or conviction of any person for a violation of the provisions of this chapter. The arresting agency must be given an opportunity to be heard in reference to the request. Upon good cause shown, the request may be filed and heard in camera. The judge hearing the motion may reduce or suspend the sentence if the judge finds that the assistance rendered was substantial.

§60A-4-402. Prohibited acts B; penalties.

(a) It is unlawful for any person:
(1) Who is subject to article three to distribute or dispense a controlled substance in violation of section three hundred eight;
(2) Who is a registrant, to manufacture a controlled substance not authorized by his registration, or to distribute or dispense a controlled substance not authorized by his registration to another registrant or other authorized person;
(3) To refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under the provisions of this chapter; or
(4) To refuse an entry into any premises for any inspection authorized by the provisions of this article.
(b) It is unlawful for any manufacturer or distributor, or agent or employee of a manufacturer or distributor, having reasonable cause to believe that a person will possess or distribute a controlled substance in violation of the provisions of this chapter, to deliver the controlled substance to that person.
(c) It is unlawful for any person knowingly or intentionally to keep, maintain, control, rent, lease or make available for use any store, shop, warehouse, dwelling, building, vehicle, vessel, aircraft, room, enclosure or other structure or place, which that person knows is resorted to for the purpose of keeping for distribution, transporting for distribution or distributingcontrolled substances in violation of the provisions of this chapter.
(d) Except as authorized by the provisions of this chapter, it is unlawful for any person:
(1) Knowingly or intentionally to open or maintain any place which that person knows is resorted to for the purpose of unlawfully manufacturing a controlled substance; or
(2) To manage or control any building, room or enclosure, either as an owner, lessee, agent, employee or mortgagee, and knowingly or intentionally rent, lease or make available for use, with or without compensation, the building, room or enclosure which that person knows is resorted to for the purpose of unlawfully manufacturing a controlled substance.
(e) A person does not violate subsection (c):
(1) By reason of any act committed by another person while that other person is unlawfully on or in the structure or place, if the person lacked knowledge of the unlawful presence of that other person; or
(2) If the person has notified a law-enforcement agency of the illegal conduct.
(f) A person who violates subsection (d) is guilty of a crime and, upon conviction, may be imprisoned for not more than [ ] years, fined not more than [ ], or both, or fined not more than [ ] if the person is not an individual.
(g) Except as provided in subsection (f), a person who violates this section is guilty of a crime and, upon conviction,may be imprisoned for not more than [ ], fined not more than [ ], or both.

§60A-4-403. Prohibited acts C; penalties.

(a) It is unlawful for any person knowingly or intentionally:
(1) To distribute as a registrant a controlled substance included in Schedule I or II, except pursuant to an order form as required by section three hundred seven;
(2) To use in the course of the manufacture, distribution or dispensing of a controlled substance, or to use for the purpose of acquiring or obtaining a controlled substance, a registration number that is fictitious, revoked, suspended or issued to another person;
(3) To acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge;
(4) 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 the provisions of this chapter, or any record required to be kept by the provisions of this chapter; or
(5) To possess a false or fraudulent prescription with intent to obtain a controlled substance.
(b) Any person who violates this section is guilty of a crime and, upon conviction, may be imprisoned for not less than [ ], fined not more than [ ], or both.

§60A-4-404. Counterfeit substances prohibited; penalty.

(a) It is unlawful for any person knowingly or intentionally to manufacture, deliver or possess with intent to manufacture or deliver, 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.
(b) It is unlawful for any person knowingly or intentionally to make, distribute or possess a 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.
(c) A person who violates this section is guilty of a crime and, upon conviction, may be imprisoned for not more than [ ], fined not more than [ ], or both.

§60A-4-405. Imitation controlled substances prohibited; penalty.

(a) It is unlawful for any person knowingly or intentionally to deliver, or possess with intent to deliver, a noncontrolled substance represented by that person to be a controlled substance.
(b) It is unlawful for any person knowingly or intentionally to deliver or possess with intent to deliver, a noncontrolled substance intended by that person for use or distribution as acontrolled substance or under circumstances in which that person reasonably should know that the noncontrolled substance will be used or distributed for use as a controlled substance.
(c) It is not a defense that the accused believed the noncontrolled substance to be a controlled substance.
(d) A person who violates this section is guilty of a crime and, upon conviction, may be imprisoned for not more than [ ], fined not more than [ ], or both.

§60A-4-406. Possession as prohibited act; penalties.

It is unlawful for any individual knowingly or intentionally to possess a controlled substance 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 the provisions of this chapter. Any individual who violates this section with respect to a substance included in Schedule I or II, except for less than twenty-nine grams of marihuana, is guilty of a felony and, upon conviction, may be imprisoned for not more than [ ], fined not more than [ ], or both. Any individual who violates this section with respect to a substance included in Schedule III, IV or V is guilty of a [felony] [misdemeanor] and, upon conviction, may be imprisoned for not more than [ ], fined not more than [ ], or both. Any individual who violates this section with respect to less than twenty-nine grams of marihuana is guilty of a misdemeanor and, upon conviction, may be imprisoned for not more than [ ], finednot more than [ ], or both.

§60A-4-407. Conspiracy; penalty.

It is unlawful for any person to conspire to commit a violation of the provisions of this article. A person who violates this section is guilty of a crime and, upon conviction, is subject to the same penalty as provided for the offense that was the object of the conspiracy.

§60A-4-408. Solicitation; [attempt;] penalty.

(a) It is unlawful for any person knowingly or intentionally to solicit, induce or intimidate an individual to engage in specific conduct constituting a violation of the provisions of this chapter.
(b) It is unlawful for any person to attempt to commit a violation of the provisions of this chapter.
(c) A person who violates this section is guilty of a crime and, upon conviction, is subject to the same penalty as provided for the offense that was the object of the solicitation [or attempt].

§60A-4-409. Distribution to individual under age eighteen; distribution near schools or colleges; penalties.

(a) An individual eighteen or more years of age who violates section four hundred one of this article by distributing a controlled substance to an individual under eighteen years of age who is at least two years that individual's junior is guilty of a crime and, upon conviction, is punishable by a term of imprisonment and fine not exceeding [two times] that authorizedby section four hundred one.
(b) It is unlawful for any individual to violate section four hundred one in or on, or within one thousand feet [300.48 meters] of the real property comprising a public playground, a public or private elementary or secondary school, a public vocational school or a public or private college or university. An individual who violates this subsection is guilty of a crime and, upon conviction, is punishable by a term of imprisonment and fine not exceeding two times that authorized by section four hundred one.
(c) An individual who violates subsection (b) after a previous conviction under that subsection has become final is punishable by a term of imprisonment not exceeding [three times] that authorized by section four hundred one.
(d) It is not a defense to a violation of subsection (a) that the accused did not know the age of an individual to whom a controlled substance was distributed.
(e) It is not a defense to a violation of subsection (b) or (c) that the accused did not know the distance involved.
(f) Notwithstanding any other provision of this article, with respect to an individual who is found to have violated this section:
(1) Adjudication of guilt or imposition of sentence may not be suspended, deferred or withheld;
(2) The individual must be imprisoned for at least [ ] for a violation of subsection (a) or (b); and
(3) The individual is not eligible for parole before serving the mandatory term of imprisonment prescribed by this section.

§60A-4-410. Employment or use of individual under eighteen years of age in drug operations; penalties.

(a) It is unlawful for any individual eighteen or more years of age knowingly or intentionally to employ, hire, use, persuade, induce, entice or coerce an individual under eighteen years of age to violate or assist in avoiding detection or apprehension for a violation of the provisions of this chapter.
(b) An individual who violates subsection (a) is guilty of a crime and, upon conviction, is punishable by a term of imprisonment and fine not exceeding two times that authorized by section four hundred one.
(c) An individual who violates subsection (a) after a previous conviction under that subsection has become final is punishable by a term of imprisonment not exceeding three times that authorized by subsection (a), section four hundred one.
(d) An individual who violates subsection (a) by employing, hiring, using, persuading, inducing, enticing or coercing an individual who is under fifteen years of age may be imprisoned for not more than [ ] years and fined not more than [ ] in addition to any other punishment authorized by this section.
(e) It is not a defense to a violation of this section that the accused did not know the age of an individual protected under this section.
(f) Notwithstanding any other provision of this article,with respect to an individual who is found to have violated this section:
(1) Adjudication of guilt or imposition of sentence may not be suspended, deferred or withheld;
(2) The individual must be imprisoned for at least [ ] for violation of subsection (a) or (b); and
(3) The individual is not eligible for parole before serving the mandatory term of imprisonment prescribed by this section.

§60A-4-411. Continuing criminal enterprise; penalty.

(a) A person who engages in a continuing criminal enterprise is guilty of a crime and, upon conviction, is punishable by a term of imprisonment and fine not exceeding two times that authorized by section four hundred one for the underlying offense. For purposes of this subsection, a person is engaged in a continuing criminal enterprise if:
(1) The person violates any provision of this chapter which is a felony; and
(2) The violation is a part of a continuing series of two or more violations of the provisions of this chapter on separate occasions:
(A) Which are undertaken by that person in concert with five or more other persons with respect to whom that person occupies a position of organizer, supervisor or any other position of management; and
(B) From which that person obtained substantial income or resources.
(b) A person who violates subsection (a) after a previous conviction under that subsection has become final is punishable by a term of imprisonment not exceeding three times that authorized by section four hundred one.
(c) Notwithstanding any other provision of this article, with respect to an individual who is found to have violated subsection (a) or (b):
(1) Adjudication of guilt or imposition of sentence may not be suspended, deferred or withheld;
(2) The individual must be imprisoned for at least [ ] for a violation of subsection (a) or (b); and
(3) The individual is not eligible for parole before serving the mandatory term of imprisonment prescribed by subsection (a) or (b).

§60A-4-412. Money laundering and illegal investment; penalty.

(a) It is unlawful for any person knowingly or intentionally to receive or acquire proceeds, or engage in transactions involving proceeds, known to be derived from any violation of the provisions of this chapter. This subsection does not apply to any transaction between an individual and that individual's counsel necessary to preserve that individual's right to representation, as guaranteed by article III, section fourteen of the state constitution and by the Sixth Amendment of the United States Constitution; however, this exception does not create any presumption against or prohibition of the right of the state to seek and obtain forfeiture of any proceeds derived from aviolation of the provisions of this chapter.
(b) It is unlawful for any person knowingly or intentionally to give, sell, transfer, trade, invest, conceal, transport or otherwise make available anything of value which that person knows is intended to be used for the purpose of committing or furthering the commission of any violation of the provisions of this chapter.
(c) It is unlawful for any person knowingly or intentionally to direct, plan, organize, initiate, finance, manage, supervise or facilitate the transportation or transfer of proceeds known to be derived from any violation of the provision of this chapter.
(d) It is unlawful for any person knowingly or intentionally to conduct a financial transaction involving proceeds derived from a violation of the provisions of this chapter when the transaction is designed, in whole or in part, to conceal or disguise the nature, location, source, ownership or control of the proceeds known to be derived from a violation of the provisions of this chapter or to avoid a transaction reporting requirement under state or federal law.
(e) A person who violates this section is guilty of a crime and, upon conviction, may be imprisoned for not more than [ ] years, fined not more than [ ] or both.

§60A-4-413. Second or subsequent offenses; penalties.

(a) Any person convicted of a second or subsequent offense under the provisions of this chapter may be imprisoned for a term up to two times the term otherwise authorized and fined an amountup to two times that otherwise authorized.
(b) For purposes of this section, an offense is considered a second or subsequent offense, if, before conviction of the offense, the offender has at any time been convicted under the provisions of this chapter or under any statute of the United States or of any state relating to narcotic drugs, marihuana, stimulant, depressant or hallucinogenic substances and that conviction has become final.
(c) This section does not apply to a second or subsequent offense under section four hundred six, subsection (b); section four hundred nine, subsection (a); section four hundred ten; or section four hundred eleven.

§60A-4-414. Conditional discharge for possession as first offense.

Whenever any person who has not been convicted previously within the past ten years of any offense under the provisions of this chapter or under any statute of the United States or of any state relating to narcotic drugs, marihuana or stimulant, depressant or hallucinogenic substances, tenders a plea of admission, guilty, no contest, nolo contendere or similar plea to a charge of possession of a controlled substance under section four hundred six, or is found guilty of that charge, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place that individual on probation upon terms and conditions that must include attendance and successful completion of an education program or,in the case of a drug dependent individual, of a treatment and rehabilitation program. Upon violation of a term or condition, the court may enter a judgment of conviction and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the individual and dismiss the proceedings against that individual. A nonpublic record of the dismissal must be retained by the division of public safety solely for the purpose of use by the courts in determining whether, in later proceedings, the individual qualifies under this section. Discharge and dismissal under this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or any other public or private purpose, but not including additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the individual, in the contemplation of the law, to the status occupied before the arrest, indictment or information. The individual may not be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, indictment or information, or trial in response to any inquiry made of that individual for any purpose. Discharge and dismissal under this section may occur only once with respect to any individual.

§60A-4-415. Treatment option for violation of chapter.

Whenever an individual is adjudicated guilty of any violation of the provision of this chapter for which the individual is eligible for probation, the court may impose a sentence as authorized by this article, may place that individual on probation as authorized by this section or may impose a combination of a sentence and probation as authorized by this section. The court, with the consent of that individual and with the consent of a treatment facility having inpatient or outpatient programs for the treatment of drug dependent individuals, may place the individual, if found by the court to be in need of treatment, on probation upon terms and conditions, including participation in a treatment program of that facility. Treatment must be for the period the treatment facility considers necessary. Treatment or a combination of a sentence and probation including treatment may not exceed the maximum sentence allowable unless the convicted individual consents to continued treatment. Upon violation of a term or condition, including failure to participate in the treatment program, the court may revoke the probation and proceed as otherwise provided. Upon fulfillment of the terms and conditions, including attendance and successful completion of the treatment program, the court shall terminate the probation.

§60A-4-416. Assessment for education and treatment; appropriation of moneys.

(a) Every person convicted of a violation of the provisions of this chapter, and every individual placed on probation undersection four hundred fourteen, shall be assessed for each offense a sum of not less than five hundred dollars nor more than three thousand dollars. The assessment is in addition to, and not in lieu of, any fines, restitution costs, other assessments of forfeitures authorized or required by law.
(b) All moneys collected under this section shall be forwarded to the department of health and human resources to be used for purposes of drug abuse education and treatment.
(c) The department of health and human resources shall administer expenditures from the fund. Expenditures may be made only for drug abuse education, prevention and treatment services. Moneys from the fund may not supplant other local, state or federal funds.

§60A-4-417. Penalties under other laws.

Any penalty imposed for violation of the provisions of this chapter and any civil remedy imposed under the provisions of this chapter are in addition to, and not in lieu of, any civil remedy, administrative penalty, or sanction otherwise authorized by law.

§60A-4-418. Bar to prosecution.

If a violation of the provisions 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.

NOTE: The purpose of this bill is to revise the Uniform Controlled Substances Act. All narcotic or otherwise dangerous substances developed or discovered since the Uniform ControlledSubstances Act was first promulgated in 1971 are enrolled in five schedules, ranked according to their potential for abuse and their usefulness in medical treatment. Provision is made for emergency scheduling of chemical analogues (popularly called "designer drugs") to scheduled controlled substances.

New provisions are added to deal with the diversion of legal substances to illegal markets. The Department of Health and Human Resources is required to report on patterns in distribution, diversion and abuse of controlled substances and to engage in agreements with other agencies and cooperative programs to identify, prevent and control diversion.

Penalties are revised, and enhanced penalties are provided for some offenses. New penalty provisions are added for offenses relating to counterfeit and imitation controlled substances, for solicitation to engage in violations relating to controlled substances, for distribution of controlled substances in the vicinity of a school or college, for using children in the distribution of controlled substances, and for laundering proceeds from traffic in controlled substances.

Persons convicted of violations would be assessed between $500.00 and $3000.00, and the proceeds from assessments would be paid to the Department of Health and Human Resources to be used for purposes of drug education and treatment.

Articles 1, 2, 3 and 4 of Chapter 60A have been completely rewritten; therefore, strike-throughs and underscoring have been omitted.

This bill was recommended by the Commission on Interstate Cooperation for passage at this session.

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