N.D. Cent. Code § 19-02.1-11 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-11
19-02.1-11. Emergency permit control
Status: in_force

19-02.1-11. Emergency permit control

Whenever the department finds after investigation that the distribution in the state of North

Dakota of any class of food may, by reason of contamination with micro-organisms during

manufacture, processing, or packing thereof in any locality, be injurious to health and that such

injurious nature cannot be adequately determined after such articles have entered commerce, it

then, and in such case only, shall promulgate regulations providing for the issuance, to

manufacturers, processors, or packers of such class of food in such locality, of permits to which

must be attached such conditions governing the manufacture, processing, or packaging, or

packing of such class of food, for such temporary period of time, as may be necessary to protect

the public health; and after the effective date of such regulations, and during such temporary

period, no person may introduce or deliver for introduction into commerce any such food

manufactured, processed, or packed by any such manufacturer, processor, or packer unless

such manufacturer, processor, or packer holds a permit issued by the department as provided

by such regulations.

The department is authorized to suspend immediately upon notice any permit issued under

authority of this section if it is found that any of the conditions of the permit have been violated.

The holder of a permit so suspended is privileged at any time to apply for the reinstatement of

such permit, and the department shall, immediately after prompt hearing and inspection of the

establishment, reinstate such permit if it is found that adequate measures have been taken to

comply with and maintain the conditions of the permit, as originally issued, or as amended.

Any officer or employee duly designated by the department shall have access to any factory

or establishment, the operator of which holds a permit from the department for the purpose of

ascertaining whether or not the conditions of the permit are being complied with, and denial of

access for such inspection is grounds for suspension of the permit until such access is freely

given by the operator.
N.D. Cent. Code § 19-01-03 — ND Code / Title 19 / Chapter 19-01 / Section 19-01-03
19-01-03. Director of department - Appointment, bond, oath, salary
Status: repealed

19-01-03. Director of department - Appointment, bond, oath, salary

Repealed by S.L. 1987, ch. 263, § 30.
N.D. Cent. Code § 19-24.1-01 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-01
19-24.1-01. Definitions
Status: in_force

19-24.1-01. Definitions

As used in this chapter, unless the context indicates otherwise:

1. "Advanced practice registered nurse" means an advanced practice registered nurse

defined under section 43-12.1-02.

2. "Agent" means an individual who is authorized to act for, in place of, or on behalf of a

compassion center.

3. "Allowable amount of usable marijuana" means the amount of usable marijuana a

registered qualifying patient or registered designated caregiver may purchase in a

thirty-day period under this chapter.

a. Except as provided under subdivision b:

(1) During a thirty-day period, a registered qualifying patient may not purchase

or have purchased by a registered designated caregiver more than two and

one-half ounces [70.87 grams] of dried leaves or flowers of the plant of the

genus cannabis in a combustible delivery form.

(2) At any time a registered qualifying patient, or a registered designated

caregiver on behalf of a registered qualifying patient, may not possess more

than three ounces [85.05 grams] of dried leaves or flowers of the plant of the

genus cannabis in a combustible delivery form.

(3) At any time, a registered qualifying patient, or a registered designated

caregiver on behalf of a registered qualifying patient, may not possess more

than five hundred milligrams of a cannabinoid edible product.

b. Notwithstanding subdivision a, if a registered qualifying patient has a registry

identification card authorizing an enhanced allowable amount:

(1) During a thirty-day period a registered qualifying patient may not purchase

or have purchased by a registered designated caregiver more than

six ounces [170.01 grams] of dried leaves or flowers of the plant of genus

cannabis in a combustible delivery form.

(2) At any time a registered qualifying patient, or a registered designated

caregiver on behalf of a registered qualifying patient, may not possess more

than seven and one-half ounces [212.62 grams] of dried leaves or flowers of

the plant of the genus cannabis in a combustible delivery form.

(3) At any time, a registered qualifying patient, or a registered designated

caregiver on behalf of a registered qualifying patient, may not possess more

than five hundred milligrams of a cannabinoid edible product.

c. A registered qualifying patient may not purchase or have purchased by a

registered designated caregiver more than the maximum concentration or amount

of tetrahydrocannabinol permitted in a thirty-day period. The maximum

concentration or amount of tetrahydrocannabinol permitted in a thirty-day period

for a cannabinoid concentrate or medical cannabinoid product, or the cumulative

total of both, is six thousand milligrams. At any time, a registered qualifying

patient, or a registered designated caregiver on behalf of a registered qualifying

patient, may not purchase more than three hundred ten milligrams of

tetrahydrocannabinol in the form of a cannabinoid edible product.

4. "Bona fide provider-patient relationship" means a treatment or counseling relationship

between a health care provider and patient in which all the following are present:

a. The health care provider has reviewed the patient's relevant medical records and

completed a full assessment of the patient's medical history and current medical

condition, including a relevant medical evaluation of the patient.

b. The health care provider has created and maintained records of the patient's

condition in accordance with medically accepted standards.

c. The patient is under the health care provider's continued care for the debilitating

medical condition that qualifies the patient for the medical use of marijuana.

d. The health care provider has a reasonable expectation that provider will continue

to provide followup care to the patient to monitor the medical use of marijuana as

a treatment of the patient's debilitating medical condition.

e. The relationship is not for the sole purpose of providing written certification for the

medical use of marijuana.

5. "Cannabinoid" means a chemical compound that is one of the active constituents of

marijuana.

6. "Cannabinoid capsule" means a small, soluble container, usually made of gelatin,

which encloses a dose of a cannabinoid product or a cannabinoid concentrate

intended for consumption. The maximum concentration of amount of

tetrahydrocannabinol permitted in a serving of a cannabinoid capsule is fifty

milligrams.

7. "Cannabinoid concentrate" means a concentrate or extract obtained by separating

cannabinoids from marijuana by a mechanical, chemical, or other process. A container

holding a cannabinoid concentrate for dispensing may not exceed one gram.

8. "Cannabinoid edible product" means a soft or hard lozenge in a geometric square

shape into which a cannabinoid concentrate or the dried leaves or flowers of the plant

of the genus cannabis is incorporated.

a. The maximum concentration or amount of tetrahydrocannabinol permitted in a

serving of a cannabinoid edible product is five milligrams and in a package is fifty

milligrams.

b. The term does not include a hard or soft lozenge in a geometric square shape

into which a cannabinoid concentrate or the dried leaves or flowers of the plant of

the genus cannabis is incorporated if the form, packaging, or labeling is target

marketed to minors.

9. "Cannabinoid solution" means a solution consisting of a mixture created from

cannabinoid concentrate and other ingredients. A container holding a cannabinoid

solution for dispensing may not exceed thirty milliliters.

10. "Cannabinoid topical" means a cannabinoid product intended to be applied to the skin

or hair. The maximum concentration or amount of tetrahydrocannabinol permitted in a

cannabinoid topical is six percent.

11. "Cannabinoid transdermal patch" means an adhesive substance applied to the skin

which contains a cannabinoid product or cannabinoid concentrate for absorption into

the bloodstream. The maximum concentration or amount of tetrahydrocannabinol

permitted in a serving of a cannabinoid transdermal patch is fifty milligrams.

12. "Cardholder" means a qualifying patient, designated caregiver, or compassion center

agent who has been issued and possesses a valid registry identification card.

13. "Compassion center" means a manufacturing facility or dispensary.

14. "Compassion center agent" means a principal officer, board member, member,

manager, governor, employee, volunteer, or agent of a compassion center. The term

does not include a lawyer representing a compassion center in civil or criminal

litigation or in an adversarial administrative proceeding.

15. "Contaminated" means made impure or inferior by extraneous substances.

16. "Debilitating medical condition" means one of the following:

a. Cancer;

b. Positive status for human immunodeficiency virus;

c. Acquired immune deficiency syndrome;

d. Decompensated cirrhosis caused by hepatitis C;

e. Amyotrophic lateral sclerosis;

f. Posttraumatic stress disorder;

g. Agitation of Alzheimer's disease or related dementia;

h. Crohn's disease;

i. Fibromyalgia;

j. Spinal stenosis or chronic back pain, including neuropathy or damage to the

nervous tissue of the spinal cord with objective neurological indication of

intractable spasticity;

k. Glaucoma;

l. Epilepsy;

m. Anorexia nervosa;

n. Bulimia nervosa;

o. Anxiety disorder;

p. Tourette syndrome;

q. Ehlers-Danlos syndrome;

r. Endometriosis;

s. Interstitial cystitis;

t. Neuropathy;

u. Migraine;

v. Rheumatoid arthritis;

w. Autism spectrum disorder;

x. A brain injury;

y. A terminal illness; or

z. A chronic or debilitating disease or medical condition or treatment for such

disease or medical condition that produces one or more of the following:

(1) Cachexia or wasting syndrome;

(2) Severe debilitating pain that has not responded to previously prescribed

medication or surgical measures for more than three months or for which

other treatment options produced serious side effects;

(3) Intractable nausea;

(4) Seizures; or

(5) Severe and persistent muscle spasms, including those characteristic of

multiple sclerosis.

17. "Department" means the department of health and human services.

18. "Designated caregiver" means an individual who is at least twenty-one years of age

and agrees to manage the well-being of a registered qualifying patient with respect to

the qualifying patient's medical use of marijuana.

19. "Dispensary" means an entity registered by the department as a compassion center

authorized to dispense usable marijuana to a registered qualifying patient and a

registered designated caregiver.

20. "Enclosed, locked facility" means a closet, room, greenhouse, building, or other

enclosed area equipped with locks or other security devices that permit access limited

to individuals authorized under this chapter or rules adopted under this chapter.

21. "Health care provider" means a physician, a physician assistant, or an advanced

practice registered nurse.

22. "Manager'' means an individual who administers or supervises the day-to-day

operations and affairs of a compassion center.

23. "Manufacturing facility" means an entity registered by the department as a compassion

center authorized to produce and process and to sell usable marijuana to a

dispensary.

24. "Marijuana" means all parts of the plant of the genus cannabis; the seeds of the plant;

the resin extracted from any part of the plant; and every compound, manufacture, salt,

derivative, mixture, or preparation of the plant, the seeds of the plant, or the resin

extracted from any part of the plant. The term marijuana does not include:

a. Hemp as regulated under section 4.1-18.1-01; or

b. A prescription drug approved by the United States food and drug administration

under section 505 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 355].

25. "Maximum concentration or amount of tetrahydrocannabinol" means the total amount

of tetrahydrocannabinol and tetrahydrocannabinolic acid in a medical cannabinoid

product or a cannabinoid concentrate.

26. "Medical cannabinoid product" means a product intended for human consumption or

use which contains cannabinoids.

a. Medical cannabinoid products are limited to the following forms:

(1) Cannabinoid solution;

(2) Cannabinoid capsule;

(3) Cannabinoid transdermal patch;

(4) Cannabinoid topical; and

(5) Cannabinoid edible products.

b. "Medical cannabinoid product" does not include:

(1) A cannabinoid concentrate by itself; or

(2) The dried leaves or flowers of the plant of the genus cannabis by itself.

27. "Medical marijuana product" means a cannabinoid concentrate or a medical

cannabinoid product.

28. "Medical marijuana waste" means unused, surplus, returned, or out-of-date usable

marijuana; recalled usable marijuana; unused marijuana; or plant debris of the plant of

the genus cannabis, including dead plants and all unused plant parts and roots.

29. "Medical use of marijuana" means the acquisition, use, and possession of usable

marijuana to treat or alleviate a qualifying patient's debilitating medical condition.

30. "Member" means an individual who has a ten percent or more ownership interest in

the compassion center limited liability company, limited liability partnership, or

partnership.

31. "Minor" means an individual under the age of nineteen.

32. "North Dakota identification" means a North Dakota driver's license or comparable

state of North Dakota or federal issued photo identification card verifying North Dakota

residence.

33. "Owner" means an individual or an organization with an ownership interest in a

compassion center.

34. "Ownership interest" means an aggregate ownership interest of five percent or more in

a compassion center, unless the interest is solely a security, lien, or encumbrance, or

an individual who will be participating in the direction, control, or management of the

compassion center.

35. "Pediatric medical marijuana" means a medical marijuana product containing

cannabidiol which may not contain a maximum concentration or amount of

tetrahydrocannabinol of more than six percent.

36. "Physician" means a physician licensed under chapter 43-17 to practice medicine in

the state of North Dakota.

37. "Physician assistant" means an individual licensed under chapter 43-17 to practice as

a physician assistant in the state.

38. "Posttraumatic stress disorder" means a patient meets the diagnostic criteria for

posttraumatic stress disorder under the "Diagnostic and Statistical Manual of Mental

Disorders", American psychiatric association, fifth edition, text revision (2013).

39. "Processing" or "process" means the compounding or conversion of marijuana into a

medical marijuana product.

40. "Producing", "produce", or "production" mean the planting, cultivating, growing,

trimming, or harvesting of the plant of the genus cannabis or the drying of the leaves

or flowers of the plant of the genus cannabis.

41. "Qualifying patient" means an individual who has been diagnosed by a health care

provider as having a debilitating medical condition.

42. "Registry identification card" means a document issued by the department which

identifies an individual as a registered qualifying patient, registered designated

caregiver, or registered compassion center agent.

43. "Substantial corporate change" means:

a. For a corporation, a change of ten percent or more of the officers or directors, or

a transfer of ten percent or more of the stock of the corporation, or an existing

stockholder obtaining ten percent or more of the stock of the corporation;

b. For a limited liability company, a change of ten percent or more of the managing

members of the company, or a transfer of ten percent or more of the ownership

interest in the company, or an existing member obtaining a cumulative of ten

percent or more of the ownership interest in the company; or

c. For a partnership, a change of ten percent or more of the managing partners of

the company, or a transfer of ten percent or more of the ownership interest in the

company, or an existing member obtaining a cumulative of ten percent or more of

the ownership interest in the company.

44. "Terminal illness" means a disease, illness, or condition of a patient:

a. For which there is not a reasonable medical expectation of recovery;

b. Which as a medical probability, will result in the death of the patient, regardless of

the use or discontinuance of medical treatment implemented for the purpose of

sustaining life or the life processes; and

c. As a result of which, the patient's health care provider would not be surprised if

death were to occur within six months.

45. "Tetrahydrocannabinol" means tetrahydrocannabinols naturally contained in a plant of

the genus cannabis, and synthetic equivalents of the substances contained in the

cannabis plant, or in the resinous extractives of the plant, including synthetic

substances, derivatives, and their isomers with similar chemical structure and

pharmacological activity to those substances contained in the plant, including:

a. (1) Delta-1 cis or trans tetrahydrocannabinol, and their optical isomers. Other

names: Delta-9-tetrahydrocannabinol.

(2) Delta-6 or trans tetrahydrocannabinol, and their optical isomers. Other

names: Delta-8 tetrahydrocannabinol.

(3) Delta-3, 4 cis or trans tetrahydrocannabinol, and its optical isomers.

(Since nomenclature of these substances is not intentionally standardized, compounds

of these structures, regardless of numerical designation or atomic positions covered.)

b. Tetrahydrocannabinol does not include:

(1) The allowable amount of total tetrahydrocannabinol found in hemp as

defined in chapter 4.1-18.1; or

(2) A prescription drug approved by the United States food and drug

administration under section 505 of the Federal Food, Drug, and Cosmetic

Act [21 U.S.C. 355].

46. "Total tetrahydrocannabinol" means the sum of the percentage by weight of

tetrahydrocannabinolic acid multiplied by eight hundred seventy-seven thousandths

plus the percentage of weight of tetrahydrocannabinol.

47. "Usable marijuana" means a medical marijuana product or the dried leaves or flowers

of the plant of the genus cannabis in a combustible delivery form. In the case of a

registered qualifying patient who is a minor, "usable marijuana" is limited to pediatric

medical marijuana.

48. "Verification system" means the system maintained by the department under section

19-24.1-31 for verification of registry identification cards.

49. "Written certification" means a form established by the department which is executed,

dated, and signed by a health care provider within ninety calendar days of the date of

application, stating the patient has a debilitating medical condition. A health care

provider may authorize an enhanced amount of dried leaves or flowers of the plant of

the genus cannabis in a combustible delivery form to treat or alleviate the patient's

debilitating medical condition of cancer. A written certification may not be made except

in the course of a bona fide provider-patient relationship.
N.D. Cent. Code § 19-02.1-09 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-09
19-02.1-09. Food - Adulteration defined
Status: in_force

19-02.1-09. Food - Adulteration defined

A food must be deemed to be adulterated for any of the following reasons:

1. If it bears or contains any poisonous or deleterious substance which may render it

injurious to health; but in case the substance is not an added substance such food

may not be considered adulterated under this clause if the quantity of such substance

in such food does not ordinarily render it injurious to health.

2. If it bears or contains any added poisonous or added deleterious substance, other than

one which is:

a. A pesticide chemical in or on a raw agricultural commodity;

b. A food additive; or

c. A color additive which is unsafe within the meaning of subsection 1 of section

19-02.1-12.

3. If it is a raw agricultural commodity and it bears or contains a pesticide chemical which

is unsafe within the meaning of subsection 1 of section 19-02.1-12.

4. If it is or bears or contains, any food additive which is unsafe within the meaning of

subsection 1 of section 19-02.1-12. Provided, that when a pesticide chemical has been

used in or on a raw agricultural commodity in conformity with an exemption granted or

tolerance prescribed under subsection 1 of section 19-02.1-12, and such raw

agricultural commodity has been subjected to processing such as canning, cooking,

freezing, dehydrating, or milling, the residue of such pesticide chemical remaining in or

on such processed food may not, notwithstanding the provisions of section 19-02.1-12

and this subsection, be deemed unsafe if such residue in or on the raw agricultural

commodity has been removed to the extent possible in good manufacturing practice,

and the concentration of such residue in the processed food when ready-to-eat, is not

greater than the tolerance prescribed for the raw agricultural commodity.

5. If it consists in whole or in part of a diseased, contaminated, filthy, putrid, or

decomposed substance or if it is otherwise unfit for food.

6. If it has been produced, prepared, packed, or held under unsanitary conditions

whereby it may have become contaminated with filth or whereby it may have been

rendered diseased, unwholesome, or injurious to health.

7. If it is the product of a diseased animal or an animal which has died otherwise than by

slaughter or that has been fed upon the uncooked offal from a slaughterhouse.

8. If its container is composed, in whole or in part, of any poisonous or deleterious

substance which may render the contents injurious to health.

9. If any valuable constituent has been in whole or in part omitted or abstracted

therefrom.

10. If any substance has been substituted wholly or in part therefor.

11. If damage or inferiority has been concealed in any manner.

12. If any substance has been added thereto or mixed or packed therewith so as to

increase its bulk or weight or reduce its quality or strength or make it appear better or

of greater value than it is.

13. If it is confectionery and has partially or completely imbedded therein any non-nutritive

object. This subsection does not apply in the case of any non-nutritive object if, in the

judgment of the department as provided by rules, the object is of practical functional

value to the confectionery product and would not render the product injurious or

hazardous to health. This subsection does not apply to any confectionery, by reason of

its containing less than one-half of one percent by volume of alcohol derived solely

from the use of flavoring extracts. This subsection does not apply to a non-nutritive

substance that is in or on confectionery by reason of its use for some practical

functional purpose in the manufacture, packaging, or storage of such confectionery if

the use of the substance does not promote deception of the consumer or otherwise

result in adulteration or misbranding in violation of any provision of this chapter. To

avoid or resolve uncertainty as to the application of this subsection, the department

may issue rules allowing or prohibiting use of particular non-nutritive substances.

14. If it is or bears or contains any color additive which is unsafe within the meaning of

subsection 1 of section 19-02.1-12.

15. If it has been intentionally subjected to radiation, unless the use of the radiation was in

conformity with a regulation or exemption in effect pursuant to federal law.
N.D. Cent. Code § 19-03.1-45 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-45
19-03.1-45. Drug abuse assessment and treatment - Presentence investigation - Certified drug abuse treatment programs
Status: in_force

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 person has not previously pled guilty or been found guilty

of any offense involving the use, possession, manufacture, or delivery of a controlled

substance or of any other felony offense of this or another state or the federal

government, the court shall impose a period of probation up to the length authorized

under section 12.1-32-06.1 with a suspended execution of a sentence of

imprisonment, a sentence to probation, or an order deferring imposition of sentence.

2. Upon a plea or finding of guilt of a person subject to subsection 1, the court shall order

a presentence investigation to be conducted by the department. The presentence

investigation must include a drug and alcohol evaluation conducted by a licensed

addiction counselor.

3. If the licensed addiction counselor recommends treatment, the court shall require the

person to participate in an addiction program licensed by the department of health and

human services as a condition of the probation. The court shall commit the person to

treatment through a licensed addiction program until determined suitable for discharge

by the court. The term of treatment may not exceed eighteen months and may include

an aftercare plan. During the commitment and while subject to probation, the

department shall supervise the person.

4. If the person fails to participate in, or has a pattern of intentional conduct that

demonstrates the person's refusal to comply with or participate in the treatment

program, as established by judicial finding, the person is subject to revocation of the

probation. Notwithstanding subsection 2 of section 12.1-32-02, the amount of time

participating in the treatment program under this section is not "time spent in custody"

and will not be a credit against any sentence to term of imprisonment.

5. In this section:

a. "Department" means the department of corrections and rehabilitation; and

b. "Licensed addiction counselor" is a person licensed pursuant to section

43-45-05.1.
N.D. Cent. Code § 19-24.1-11 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-11
19-24.1-11. Registry identification cards
Status: in_force

19-24.1-11. Registry identification cards

1. The contents of a registry identification card must include:

a. The name of the cardholder;

b. A designation as to whether the cardholder is a qualifying patient, designated

caregiver, or compassion center agent;

c. A designation as to whether a qualifying patient is a minor;

d. A designation as to whether a qualifying patient or a designated caregiver's

qualifying patient is authorized to use an enhanced amount of dried leaves or

flowers of the plant of the genus cannabis to treat or alleviate the patient's

debilitating medical condition of cancer;

e. The date of issuance and expiration date;

f. A random ten-digit alphanumeric identification number containing at least four

numbers and at least four letters which is unique to the cardholder;

g. If the cardholder is a designated caregiver, the random identification number of

the qualifying patient the designated caregiver is authorized to assist;

h. A photograph of the cardholder; and

i. The phone number or website address at which the card can be verified.

2. Except as otherwise provided in this section or rule adopted under this chapter, a

registry identification card is valid for two years from the date of issuance.
N.D. Cent. Code § 19-23-03 — ND Code / Title 19 / Chapter 19-23 / Section 19-23-03
19-23-03. Stay pending motion to dismiss
Status: in_force

19-23-03. Stay pending motion to dismiss

1. In any action commenced under this chapter, all discovery and other proceedings must

be stayed during the pendency of any motion to dismiss unless the court finds upon

the motion of any party that particularized discovery is necessary to preserve evidence

or to prevent undue prejudice to a party.

2. During the pendency of any stay of discovery pursuant to this section, unless

otherwise ordered by the court, any party to the action with actual notice of the

allegations contained in the complaint shall treat all documents, data compilations, and

tangible objects that are in the custody or control of the party and are relevant to the

allegations, as if they were the subject of a continuing request for production from an

opposing party under rule 34 of the North Dakota Rules of Civil Procedure.
N.D. Cent. Code § 19-03.5-04 — ND Code / Title 19 / Chapter 19-03.5 / Section 19-03.5-04
19-03.5-04. Authority to contract
Status: in_force

19-03.5-04. Authority to contract

The board is authorized to contract with another agency of this state or with a private

vendor to facilitate the effective operation of the prescription drug monitoring program. Any

contractor is bound to comply with the provisions regarding confidentiality of prescription drug

information in this chapter and is subject to termination or sanction or both for unlawful acts.
N.D. Cent. Code § 19-24.1-14 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-14
19-24.1-14. Compassion centers - Application
Status: in_force

19-24.1-14. Compassion centers - Application

1. The department shall establish forms for an application to be registered as a

compassion center. For a compassion center registration application to be complete

and eligible for review, the applicant shall submit to the department all of the following:

a. A nonrefundable application fee, not to exceed five thousand dollars, made

payable to the "North Dakota Department of Health and Human Services, Medical

Marijuana Program".

b. The legal name, articles of incorporation or articles of organization, and bylaws or

operating agreement of the proposed compassion center applicant.

c. Evidence of the proposed compassion center applicant's registration with the

secretary of state and certificate of good standing.

d. The physical address of the proposed location of the proposed compassion

center and:

(1) Evidence of approval from local officials as to the proposed compassion

center applicant's compliance with local zoning laws for the physical address

to be used by the proposed compassion center; and

(2) Evidence the physical address of the proposed compassion center is not

located within one thousand feet [304.80 meters] of a property line of a

pre-existing public or private school.

e. For a manufacturing facility applicant, a description of the enclosed, locked facility

that would be used in the production and processing of marijuana, including steps

that will be taken to ensure the production and processing is not visible from the

street or other public areas.

f. The name, address, and date of birth of each principal officer and board member,

or of each member-manager, manager, or governor, of the proposed compassion

center applicant and verification each officer and board member, or each

member-manager, manager, or governor, has consented to a criminal history

record check conducted under section 12-60-24.

g. For each of the proposed compassion center applicant's principal officers and

board members, or for each of the proposed compassion center applicant's

member-managers, managers, or governors, a description of that individual's

relevant experience, including training or professional licensing related to

medicine, pharmaceuticals, natural treatments, botany, food science, food safety,

production, processing, and the individual's experience running a business entity.

h. A description of proposed security and safety measures, which demonstrate

compliance with the security and safety requirements under section 19-24.1-25.

i. An example of the design and security features of usable marijuana containers

which demonstrates compliance with section 19-24.1-21.

j. A complete operations manual, which demonstrates compliance with section

19-24.1-27.

k. A description of the plans for making usable marijuana available on an affordable

basis to registered qualifying patients with limited financial resources.

l. A list of all individuals and business entities having direct or indirect authority over

the management or policies of the proposed compassion center applicant.

m. A list of all individuals and business entities having an ownership interest in the

proposed compassion center applicant, whether direct or indirect, and whether

the interest is in profits, land, or building, including owners of any business entity

that owns all or part of the land or building.

n. The identity of any creditor holding a security interest in the proposed

compassion center premises.

2. The department is not required to review an application submitted under this section

unless the department determines the application is complete. The criteria considered

by the department in reviewing an application must include:

a. The suitability of the proposed compassion center location, including compliance

with any local zoning laws, and the geographic convenience to access

compassion centers for registered qualifying patients and registered designated

caregivers from throughout the state;

b. The character and relevant experience of the principal officers and board

members, or of the member-managers, managers, or governors, including

training or professional licensing and business experience;

c. The applicant's plan for operations and services, including staffing and training

plans, whether the applicant has sufficient capital to operate, and the applicant's

ability to provide an adequate supply of usable marijuana to registered qualifying

patients and registered designated caregivers;

d. The sufficiency of the applicant's plans for recordkeeping;

e. The sufficiency of the applicant's plans for safety, security, and the prevention of

diversion, including the proposed location and security devices employed;

f. The applicant's plan for making usable marijuana available on an affordable basis

to registered qualifying patients with limited financial resources;

g. The applicant's plan for safe and accurate packaging and labeling of usable

marijuana; and

h. The applicant's plans for testing usable marijuana and marijuana.

3. Following completion of the review under subsection 2, the department shall select the

applicants eligible for registration under section 19-24.1-15.
N.D. Cent. Code § 19-03.4-01 — ND Code / Title 19 / Chapter 19-03.4 / Section 19-03.4-01
19-03.4-01. Definition - Drug paraphernalia
Status: in_force

19-03.4-01. Definition - Drug paraphernalia

In this chapter, unless the context otherwise requires, "drug paraphernalia" means all

equipment, products, and materials of any kind which are used, intended for use, or designed

for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding,

converting, producing, processing, preparing, testing, analyzing, packaging, repackaging,

storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the

human body a controlled substance in violation of chapter 19-03.1. The term includes:

1. Kits used, intended for use, or designed for use in planting, propagating, cultivating,

growing, or harvesting of any species of plant which is a controlled substance or from

which a controlled substance can be derived.

2. Kits used, intended for use, or designed for use in manufacturing, compounding,

converting, producing, processing, or preparing controlled substances.

3. Isomerization devices used, intended for use, or designed for use in increasing the

potency of any species of plant which is a controlled substance.

4. Testing equipment used, intended for use, or designed for use in identifying or in

analyzing the strength, effectiveness, or purity of controlled substances.

5. Scales and balances used, intended for use, or designed for use in weighing or

measuring controlled substances.

6. Diluents and adulterants, including quinine hydrochloride, mannitol, dextrose, and

lactose, used, intended for use, or designed for use in cutting controlled substances.

7. Separation gins and sifters used, intended for use, or designed for use in removing

twigs and seeds from, or in otherwise cleaning or refining, marijuana.

8. Blenders, bowls, containers, spoons, grinders, and mixing devices used, intended for

use, or designed for use in compounding, manufacturing, producing, processing, or

preparing controlled substances.

9. Capsules, balloons, envelopes, and other containers used, intended for use, or

designed for use in packaging small quantities of controlled substances.

10. Containers and other objects used, intended for use, or designed for use in storing or

concealing controlled substances or products or materials used or intended for use in

manufacturing, producing, processing, or preparing controlled substances.

11. Hypodermic syringes, needles, and other objects used, intended for use, or designed

for use in parenterally injecting controlled substances into the human body.

12. Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise

introducing marijuana, cocaine, or tetrahydrocannabinol into the human body,

including:

a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without

screens, permanent screens, or punctured metal bowls.

b. Water pipes.

c. Carburetion tubes and devices.

d. Smoking and carburetion masks.

e. Objects, sometimes commonly referred to as roach clips, used to hold burning

material, for example, a marijuana cigarette, that has become too small or too

short to be held in the hand.

f. Miniature cocaine spoons and cocaine vials.

g. Chamber pipes.

h. Carburetor pipes.

i. Electric pipes.

j. Air-driven pipes.

k. Chillums.

l. Bongs.

m. Ice pipes or chillers.

13. Ingredients or components to be used or intended or designed to be used in

manufacturing, producing, processing, preparing, testing, or analyzing a controlled

substance, whether or not otherwise lawfully obtained, including anhydrous ammonia,

nonprescription medications, methamphetamine precursor drugs, or lawfully

dispensed controlled substances.
N.D. Cent. Code § 19-03.5-08 — ND Code / Title 19 / Chapter 19-03.5 / Section 19-03.5-08
19-03.5-08. Extraterritorial application
Status: in_force

19-03.5-08. Extraterritorial application

The board may provide data in the central repository to a practitioner or controlled

substances monitoring system in another state, if the disclosure to a practitioner or the

prescription drug monitoring program located in this state is authorized by this chapter.
N.D. Cent. Code § 19-02.1-12 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-12
19-02.1-12. Food - Tolerances for added poisonous ingredients
Status: in_force

19-02.1-12. Food - Tolerances for added poisonous ingredients

1. Any added poisonous or deleterious substance, any food additive, any pesticide

chemical in or on a raw agricultural commodity, or any color additive shall with respect

to any particular use or intended use be deemed unsafe for the purpose of application

of subsection 2 of section 19-02.1-09 with respect to any food, subsection 1 of section

19-02.1-13 with respect to any drug or device, or subsection 1 of section 19-02.1-17

with respect to any cosmetic, unless there is in effect a regulation pursuant to

subsection 2 limiting the quantity of such substance, and the use or intended use of

such substance conforms to the terms prescribed by such regulation. While such

regulation relating to such substance is in effect, a food, drug, or cosmetic may not, by

reason of bearing or containing such substance in accordance with the regulation, be

considered adulterated within the meaning of subsection 1 of section 19-02.1-09,

subsection 1 of section 19-02.1-13, or subsection 1 of section 19-02.1-17.

2. The department, whenever public health or other considerations in the state so

require, is authorized to adopt, amend, or repeal regulations whether or not in

accordance with regulations promulgated under the federal act prescribing therein

tolerances for any added poisonous or deleterious substances, for food additives, for

pesticide chemicals in or on raw agricultural commodities, or for color additives,

including zero tolerances, and exemptions from tolerances in the case of pesticide

chemicals in or on raw agricultural commodities, and prescribing the conditions under

which a food additive or a color additive may be safely used and exemptions when

such food additive or color additive is to be used solely for investigational or

experimental purposes, upon its own motion or upon the petition of any interested

party requesting that such a regulation be established, and it is incumbent upon such

petitioner to establish by data submitted to the department that a necessity exists for

such regulation, and that its effect will not be detrimental to the public health. If the

data furnished by the petitioner is not sufficient to allow the department to determine

whether such regulation should be promulgated, the department may require

additional data to be submitted and failure to comply with the request is sufficient

grounds to deny the request. In adopting, amending, or repealing regulations relating

to such substances, the department shall consider among other relevant factors the

following which the petitioner, if any, shall furnish:

a. The name and all pertinent information concerning such substance, including

where available, its chemical identity and composition, a statement of the

conditions of the proposed use, including directions, recommendations, and

suggestions and including specimens of proposed labeling, and all relevant data

bearing on the physical or other technical effect and the quantity required to

produce such effect;

b. The probable composition of any substance formed in or on a food, drug, or

cosmetic resulting from the use of such substance;

c. The probable consumption of such substance in the diet of man and animals

taking into account any chemically or pharmacologically related substance in

such diet;

d. Safety factors which, in the opinion of experts qualified by scientific training and

experience to evaluate the safety of such substances for the use or uses for

which they are proposed to be used, are generally recognized as appropriate for

the use of animal experimentation data;

e. The availability of any needed practicable methods of analysis for determining the

identity and quantity of such substance in or on an article, any substance formed

in or on such article because of the use of such substance, and the pure

substance and all intermediates and impurities; and

f. Facts supporting a contention that the proposed use of such substance will serve

a useful purpose.
N.D. Cent. Code § 19-03.4-08 — ND Code / Title 19 / Chapter 19-03.4 / Section 19-03.4-08
19-03.4-08. Retail or over-the-counter sale of scheduled listed chemical products - Penalty
Status: in_force

19-03.4-08. Retail or over-the-counter sale of scheduled listed chemical products -

Penalty.

1. The retail sale of scheduled listed chemical products is limited to:

a. Sales in packages containing not more than a total of two and four-tenths grams

of one or more scheduled listed chemical products, calculated in terms of

ephedrine base, pseudoephedrine base, and phenylpropanolamine base; and

b. Sales in blister packs, each blister containing not more than two dosage units, or

when the use of blister packs is technically infeasible, sales in unit dose packets

or pouches.

2. A person may not:

a. Deliver in a single over-the-counter sale more than two packages of a scheduled

listed chemical product or a combination of scheduled listed chemical products;

or

b. Without regard to the number of over-the-counter sales, deliver more than a daily

amount of three and six-tenths grams of scheduled listed chemical products,

calculated in terms of ephedrine base, pseudoephedrine base, and

phenylpropanolamine base, to a purchaser.

3. When offering scheduled listed chemical products for sale, the person shall place the

products behind a counter or other barrier, or in a locked cabinet, where purchasers do

not have direct access to the products before the sale is made.

4. a. When offering scheduled listed chemical products for retail sale, a person shall

require, obtain, and make a written record of the identification of the person

purchasing the scheduled listed chemical product, the identification being a

document issued by a government agency as described in subdivisions a and b

of subsection 6, and shall deliver the product directly into the custody of the

purchaser.

b. The person shall maintain a written list of sales that identifies the product by

name, the quantity sold, the names and addresses of the purchasers, the dates

and times of the sales, a unique identification number relating to the electronic

record submitted into the electronic recordkeeping system described in

subsection 13, and a notice to a purchaser that the making of false statements or

misrepresentations may subject the purchaser to federal and state criminal

penalties. The purchaser shall sign the written list of sales and enter the

purchaser's name, address, and the date and time of the sale. The person

making the sale shall determine that the name entered by the purchaser

corresponds with the name on the identification provided by the purchaser and

that the date and time of the purchase is correct. The person making the sale

shall enter the name of the product and the quantity sold on the list.

c. Before completing the transaction, the person making the sale shall submit all the

information from the written record into the electronic recordkeeping system

described in subsection 13.

d. The person shall maintain the record of identification required by this section for

three years, after which the record must be destroyed. The person may not use

or maintain the record for any private or commercial purpose or disclose the

record to any person, except as required by law. The person shall disclose the

record, upon request, to a law enforcement agency for a law enforcement

purpose. A person who in good faith releases the information in the record of

identification to federal, state, or local law enforcement authorities is immune from

civil liability for such release unless the release constitutes gross negligence or

intentional, wanton, or willful misconduct.

5. A person may not deliver in an over-the-counter sale a scheduled listed chemical

product to a person under the age of eighteen years.

6. It is a prima facie case of a violation of subsection 5 if the person making the sale did

not require and obtain proof of age from the purchaser. "Proof of age" means a

document issued by a governmental agency which:

a. Contains a description of the person or a photograph of the person, or both, and

gives the person's date of birth; and

b. Includes a passport, military identification card, or driver's license.

7. It is an affirmative defense to a violation of subsection 5 if:

a. The person making the sale required and obtained proof of age from the

purchaser;

b. The purchaser falsely represented the purchaser's proof of age by use of a false,

forged, or altered document;

c. The appearance of the purchaser was such that an ordinary and prudent person

would believe the purchaser to be at least eighteen years of age; and

d. The sale was made in good faith and in reliance upon the appearance and

representation of proof of age of the purchaser.

8. This section does not apply to a product that the state board of pharmacy, upon

application of a manufacturer, exempts from this section because the product has

been formulated in such a way as to effectively prevent the conversion of the active

ingredient into methamphetamine, or its salts or precursors.

9. A person may not:

a. Make a false statement or misrepresentation in the written list of sale that is

prepared and maintained as required by subsection 4; or

b. Purchase more than nine grams of ephedrine base, pseudoephedrine base, or

phenylpropanolamine base in scheduled listed chemical products in a thirty-day

period.

10. A person who willfully violates subsection 1 or 9 is guilty of a class A misdemeanor. A

person who willfully violates subsection 2, 3, 4, or 5 is guilty of an infraction.

11. A person who is the owner, operator, or manager of the retail outlet or who is the

supervisor of the employee or agent committing a violation of this section of the outlet

where scheduled listed chemical products are available for sale is not subject to the

penalties of this section if the person:

a. Did not have prior knowledge of, participate in, or direct the employee or agent to

commit, the violation of this section; and

b. Certifies to the attorney general that the employee or agent, at the time of initial

employment and each calendar year thereafter, participated in a training program

approved by the attorney general providing the employee or agent with

information regarding the state and federal regulations governing the sale,

possession, and packaging of such products.

The approval of the training program by the attorney general is not subject to chapter

28-32.

12. A political subdivision, including a home rule city or county, may not enact any

ordinance relating to the sale by a retail distributor of over-the-counter products

containing ephedrine, pseudoephedrine, or phenylpropanolamine. Any existing

ordinance is void.

13. a. The bureau of criminal investigation shall provide retailers of listed chemical

products access to a real-time electronic recordkeeping system to enter into the

record system any transaction required to be recorded by subsection 4.

b. The real-time electronic recordkeeping system must be maintained in a central

repository as defined in subsection 1 of section 19-03.5-01, and must have the

capability to calculate state and federal ephedrine base, pseudoephedrine base,

and phenylpropanolamine base purchase limitations.

c. The electronic recordkeeping system must include a record of all the information

in the written record, the unique identification number, and certification that a

signature has been obtained.

d. The information entered into the electronic recordkeeping system is subject to

subdivision d of subsection 4.

e. If feasible, the prescription drug monitoring system utilized under chapter 19-03.5

may be used as the electronic recordkeeping system. The bureau of criminal

investigation may contract with a private vendor to implement this subsection. A

contractor shall comply with the confidentiality requirements of this chapter and is

subject to sanctions for violation of confidentiality requirements, including

termination of the contract.

f. The bureau of criminal investigation may not charge a retailer a fee for the

establishment of, maintenance of, or access to, the electronic recordkeeping

system.
N.D. Cent. Code § 19-03.1-20.1 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-20.1
19-03.1-20.1. Report of any theft or loss
Status: in_force

19-03.1-20.1. Report of any theft or loss

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 been further defined to include a list of factors that are relevant in deciding whether a

loss was significant. This list is as follows:

1. The actual quantity of controlled substances lost in relation to the type of business;

2. The specific controlled substances lost;

3. Whether the loss of the controlled substances can be associated with access to those

controlled substances by specific individuals, or whether the loss can be attributed to

unique activities that may take place involving the controlled substances;

4. A pattern of losses over a specific time period, whether the losses appear to be

random, and the results of efforts taken to resolve the losses; and, if known

5. Whether specific controlled substances are likely candidates for diversion; and

6. Local trends and other indicators of the diversion potential of the missing controlled

substance.
N.D. Cent. Code § 19-02.1-16 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-16
19-02.1-16. New drugs
Status: in_force

19-02.1-16. New drugs

1. No person may sell, deliver, offer for sale, hold for sale, or give away any new drug

unless:

a. An application with respect thereto has been approved and said approval has not

been withdrawn under section 505 of the federal act; or

b. When not subject to the federal act, unless such drug has been tested and has

been found to be safe for use and effective in use under the conditions

prescribed, recommended, or suggested in the labeling thereof, and prior to

selling or offering for sale such drug, there has been filed with the department an

application setting forth:

(1) Full reports of investigations which have been made to show whether or not

such drug is safe for use and whether such drug is effective in use.

(2) A full list of the articles used as components of such drug.

(3) A full statement of the composition of such drug.

(4) A full description of the methods used in, and the facilities and controls used

for, the manufacture, processing, and packing of such drugs.

(5) Such samples of such drug and of the articles used as components thereof

as the department may require.

(6) Specimens of the labeling proposed to be used for such drug.

2. An application provided for in subdivision b of subsection 1 becomes effective on the

one hundred eightieth day after the filing thereof, except that if the department finds,

after due notice to the applicant and giving the applicant an opportunity for a hearing,

that the drug is not safe or not effective for use under the conditions prescribed,

recommended, or suggested in the proposed labeling thereof, the department shall,

prior to the effective date of the application, issue an order refusing to permit the

application to become effective.

3. An order refusing to permit an application under this section to become effective may

be revoked by the department.

4. This section does not apply:

a. To a drug intended solely for investigational use by experts qualified by scientific

training and experience to investigate the safety and effectiveness of drugs,

provided the drug is plainly labeled in compliance with regulations issued by the

department or pursuant to section 505(i) or 507(d) of the federal act;

b. To a drug sold in this state at any time prior to the enactment of this chapter or

introduced into interstate commerce at any time prior to the enactment of the

federal act;

c. To any drug which is licensed under the Virus, Serum, and Toxin Act of July 1,

1902, U.S.C. 1958 ed. Title 42 Chapter 6A Sec. 262; or

d. To any drug which is subject to subsection 5 of section 19-02.1-14.

5. The provisions of subsection 16 of section 19-02.1-01 do not apply to any drug which,

on October 9, 1962, or on the date immediately preceding the enactment of this

subsection:

a. Was commercially sold or used in this state or in the United States;

b. Was not a new drug as defined by subsection 16 of section 19-02.1-01 as then in

force; and

c. Was not covered by an effective application under section 19-02.1-16 or under

section 505 of the federal act, when such drug is intended solely for use under

conditions prescribed, recommended, or suggested in labeling with respect to

such drug.
N.D. Cent. Code § 19-03.1-22.5 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-22.5
19-03.1-22.5. Controlled substance analog use - Venue for violation - Penalty
Status: in_force

19-03.1-22.5. Controlled substance analog use - Venue for violation - Penalty

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 offense and a class C felony for a second or subsequent

offense, unless the individual obtains the analog directly from a practitioner or

pursuant to a valid prescription or order of a practitioner.

2. The venue for a violation under this section exists in the jurisdiction in which the

substance was used or in which the substance was detected.
N.D. Cent. Code § 19-02.1-14.2 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-14.2
19-02.1-14.2. Maximum allowable cost lists for pharmaceuticals - Pharmacy benefits managers - Penalty
Status: in_force

19-02.1-14.2. Maximum allowable cost lists for pharmaceuticals - Pharmacy benefits

managers - Penalty.

1. For the purposes of this section:

a. "Determination" means a decision that settles and ends a controversy or the

resolution of a question through appeal.

b. "Maximum allowable cost price" means a maximum reimbursement amount for a

group of therapeutically equivalent and pharmaceutically equivalent multiple

source drugs.

c. "Multiple source drug" means a therapeutically equivalent drug that is available

from at least two manufacturers.

d. "Pharmacy benefits manager" has the same meaning as in section 19-03.6-01.

2. With respect to each contract between a pharmacy benefits manager and a pharmacy,

each pharmacy benefits manager shall:

a. Provide to the pharmacy, at the beginning of each contract and contract renewal,

the sources utilized to determine the maximum allowable cost pricing of the

pharmacy benefits manager.

b. Update any maximum allowable cost price list at least every seven business

days, and provide prompt notification of the pricing changes to network

pharmacies.

c. Disclose the sources utilized for setting maximum allowable cost price rates on

each maximum allowable cost price list included under the contract and identify

each maximum allowable cost price list that applies to the contracted pharmacy. A

pharmacy benefits manager shall make the list of the maximum allowable costs

available to a contracted pharmacy in a format that is readily accessible and

usable to the contracted pharmacy.

d. Ensure maximum allowable cost prices are not set below sources utilized by the

pharmacy benefits manager.

e. Provide a reasonable administrative appeals procedure to allow a dispensing

pharmacy provider to contest a listed maximum allowable price rate. The

pharmacy benefits manager shall provide a determination to a provider that has

contested a maximum allowable price rate within seven business days. If an

update to the maximum allowable price rate for an appealed drug is warranted,

the pharmacy benefits manager shall make the change based on the date of the

determination and make the adjustment effective for all similarly situated

pharmacy providers in this state within the network.

f. Ensure dispensing fees are not included in the calculation of maximum allowable

cost price reimbursement to pharmacy providers.

3. A pharmacy benefits manager may not place a prescription drug on a maximum

allowable price list unless:

a. The drug has at least two nationally available, therapeutically equivalent, multiple

source drugs or a generic drug is available only from one manufacturer;

b. The drug is listed as therapeutically equivalent and pharmaceutically equivalent

or "A" or "B" rated in the United States food and drug administration’s most recent

version of the "Orange Book" or the drug is "Z" rated; and

c. The drug is generally available for purchase by pharmacies in the state from

national or regional wholesalers and not obsolete.

4. This section does not apply to state Medicaid programs.

5. A pharmacy benefits manager that violates this section is guilty of a class B

misdemeanor.
N.D. Cent. Code § 19-03.1-05 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-05
19-03.1-05. Schedule I
Status: in_force

19-03.1-05. Schedule I

1. The controlled substances listed in this section are included in schedule I.

2. Schedule I 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. Opiates. Unless specifically excepted or unless listed in another schedule, any of the

following opiates, including their isomers, 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. Acetylmethadol.

b. Allylprodine.

c. Alphacetylmethadol.

d. Alphameprodine.

e. Alphamethadol.

f. Benzethidine.

g. Betacetylmethadol.

h. Betameprodine.

i. Betamethadol.

j. Betaprodine.

k. Brorphine.

l. Clonitazene.

m. Dextromoramide.

n. Diampromide.

o. Diethylthiambutene.

p. Difenoxin.

q. Dimenoxadol.

r. Dimepheptanol.

s. Dimethylthiambutene.

t. Dioxaphetyl butyrate.

u. Dipipanone.

v. Ethylmethylthiambutene.

w. Etonitazene.

x. Etoxeridine.

y. Furethidine.

z. Hydroxypethidine.

aa. Isotonitazene (also known as N,N-diethyl-2-(2-(4- isopropoxybenzyl)-5-nitro-1H-

benzimidazol-1-yl)ethan-1-amine).

bb. Ketobemidone.

cc. Levomoramide.

dd. Levophenacylmorphan.

ee. Morpheridine.

ff. MPPP (also known as 1-methyl-4-phenyl-4-propionoxypiperidine).

gg. Noracymethadol.

hh. Norlevorphanol.

ii. Normethadone.

jj. Norpipanone.

kk. PEPAP (1-(2-Phenylethyl)-4-Phenyl-4-acetoxypiperidine).

ll. Phenadoxone.

mm. Phenampromide.

nn. Phenomorphan.

oo. Phenoperidine.

pp. Piritramide.

qq. Proheptazine.

rr. Properidine.

ss. Propiram.

tt. Racemoramide.

uu. Tilidine.

vv. Trimeperidine.

ww. 3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide (also known as

U-47700).

xx. 1-cyclohexyl-4-(1,2-diphenylethyl)piperazine (also know as MT-45).

yy. 3,4-dichloro-N-{[1-(dimethylamino)cyclohexyl]methyl}benzamide (also known as

AH-7921).

zz. Zipeprol.

aaa. 2-(2-(4-butoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)-N,N-diethylethan-1-amine

(also known as Butonitazene).

bbb. 2-(2-(4-ethoxybenzyl)-1H-benzimidazol-1-yl)-N,N-diethylethan-1-amine (also

known as Etodesnitazene and etazene).

ccc. N,N-diethyl-2-(2-(4-fluorobenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine

(also known as Flunitazene).

ddd. N,N-diethyl-2-(2-(4-methoxybenzyl)-1H-benzimidazol-1-yl)ethan-1-amine (also

known as Metodesnitazene).

eee. N,N-diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine

(also known as Metonitazene).

fff. 2-(4-ethoxybenzyl)-5-nitro-1-(2-(pyrrolidin-1-yl)ethyl)-1H-benzimidazole (also

known as N-Pyrrolidino Etonitazene and Etonitazepyne).

ggg. N,N-diethyl-2-(5-nitro-2-(4-propoxybenzyl)-1H-benzimidazol-1-yl)ethan-1-amine

(also known as Protonitazene).

hhh. N-ethyl-2-(2-(4-isopropoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine

(Other name: N-desethyl isotonitazene).

iii. 2-(4-ethoxybenzyl)-5-nitro-1-(2-(piperidin-1-yl)ethyl)-1H-benzimidazole (Other

names: N-piperidinyl etonitazene; etonitazepipne).

jjj. 2-Methyl AP-237 (1-(2-methyl-4-(3-phenylprop-2-en-1-yl)piperazin-1-yl)butan-1-

one).

kkk. Fentanyl derivatives. Unless specifically excepted or unless listed in another

schedule or are not FDA approved drugs, and are derived from N-(1-(2-

Phenylethyl)-4-piperidinyl)-N-phenylpropanamide (Fentanyl) by any substitution

on or replacement of the phenethyl group, any substitution on the piperidine ring,

any substitution on or replacement of the propanamide group, any substitution on

the anilido phenyl group, or any combination of the above. Examples include:

(1) N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide (also known

as Acetyl-alpha-methylfentanyl).

(2) N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl]propionanilide; 1-(1-methyl-

2-phenylethyl)-4-(N-propanilido)piperidine (also known as Alpha-

methylfentanyl).

(3) N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide (also

known as Alpha-methylthiofentanyl).

(4) N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide (also

known as Beta-hydroxyfentanyl).

(5) N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide

(also known as Beta-hydroxy-3-methylfentanyl).

(6) N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide (also

known as 3-Methylfentanyl).

(7) N-[3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide (also

known as 3-Methylthiofentanyl).

(8) N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]propanamide (also

known as Para-fluorofentanyl).

(9) N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]propanamide (also known as

Thiofentanyl).

(10) N-(1-phenylethylpiperidin-4-yl)-N-phenylfuran-2-carboxamide (also known

as Furanyl Fentanyl).

(11) N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide; N-(1-phenethylpiperidin-

4-yl)-N-phenylbutanamide (also known as Butyryl Fentanyl).

(12) N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl]piperidin-4-yl]-N-phenylpropionamide;

N-[1-[2-hydroxy-2-(2-thienyl)ethyl]-4-piperidinyl]-N-phenylpropanamide (also

known as Beta-Hydroxythiofentanyl).

(13) N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (also known as Acetyl

Fentanyl).

(14) N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide (also known as Acryl

Fentanyl).

(15) N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (also known as Valeryl

Fentanyl).

(16) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (also known

as 4-Fluoroisobutyryl Fentanyl).

(17) N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide (also known

as Ortho-fluorofentanyl, 2-Fluorofentanyl).

(18) N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide (also

known as Tetrahydrofuranyl Fentanyl).

(19) 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (also known as

Methoxyacetyl Fentanyl).

(20) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide (also

known as Cyclopropyl Fentanyl).

(21) N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)acetamide (also

known as Ocfentanil).

(22) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide (also

known as Cyclopentyl Fentanyl).

(23) N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (also known as

Isobutyryl Fentanyl).

(24) N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (also known

as Para-chloroisobutyryl Fentanyl).

(25) N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide (also known

as Para-methoxybutyryl Fentanyl).

(26) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide (also known as

Para-fluorobutyryl Fentanyl).

(27) N-(1-(2-fluorophenethyl)piperidin-4-yl)-N-(2-fluorophenyl)propionamide (also

known as 2'-fluoro Ortho-fluorofentanyl; 2'-fluoro 2-fluorofentanyl).

(28) N-(2-methylphenyl)-N-(1-phenethylpiperidin-4-yl)acetamide (also known as

Ortho-methyl Acetylfentanyl; 2-methyl acetylfentanyl).

(29) N-(1-phenethylpiperidin-4-yl)-N,3-diphenylpropanamide (also known as

Beta'-phenyl Fentanyl; 3-phenylpropanoyl fentanyl and Hydrocinnamoyl

Fentanyl).

(30) N-(1-phenethylpiperidin-4-yl)-N-phenylthiophene-2-carboxamide (also

known as Thiofuranyl Fentanyl; 2-thiofuranyl fentanyl; thiophene fentanyl).

(31) (E)-N-(1-phenethylpiperidin-4-yl)-N-phenylbut-2-enamide (also known as

Crotonyl Fentanyl).

(32) N-(1-(4-methylphenethyl)piperidin-4-yl)-N-phenylacetamide (4'-methyl acetyl

fentanyl).

(33) N-phenyl-N-(1-(2-phenylpropyl)piperidin-4-yl)propionamide (beta-methyl

fentanyl).

(34) N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide (ortho-

fluorobutyryl fentanyl; 2-fluorobutyryl fentanyl).

(35) 2-methoxy-N-(2-methylphenyl)-N-(1-phenethylpiperidin-4-yl)acetamide

(ortho-methyl methoxyacetylfentanyl; 2-methyl methoxyacetyl fentanyl).

(36) N-(4-methylphenyl)-N-(1-phenethylpiperidin-4-yl)propionamide (para-

methylfentanyl; 4-methylfentanyl).

(37) N-(1-phenethylpiperidin-4-yl)-N-phenylbenzamide (phenyl fentanyl; benzoyl

fentanyl).

(38) Ethyl (1-phenethylpiperidin-4-yl)(phenyl)carbamate (fentanyl carbamate).

(39) N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)acrylamide (ortho-fluoroacryl

fentanyl).

(40) N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (ortho-

fluoroisobutyryl fentanyl).

(41) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)furan-2-carboxamide (para-

fluoro furanyl fentanyl).

(42) 2',5'-dimethoxyfentanyl(N-(1-(2,5-dimethoxyphenethyl)piperidine-4-yl)-N-

phenylpropionamide).

(43) 3-furanyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-3-

carboxamide).

(44) alpha'-methyl butyryl fentanyl(2-methyl-N-(1-phenethylpiperidin-4-yl)-N-

phenylbutanamide).

(45) beta-methylacetyl fentanyl(N-phenyl-N-(1-(2-phenylpropyl)piperidin-4-

yl)acetamide).

(46) isovaleryl fentanyl(3-methyl-N-(1-phenethylpiperidin-4-yl)-N-

phenylbutanamide).

(47) meta-fluorofentanyl(N-(3-fluorophenyl)-N-(1-phenethylpiperidin-4-

yl)propionamide).

(48) meta-fluorofuranyl fentanyl(N-3-fluorophenyl)-N-(1-phenethylpipieridin-4-

yl)furan-2-carboxamide.

(49) meta-fluoroisobutyryl fentanyl(N-(3-fluorophenyl)-N-(1-phenethylpiperidin-4-

yl)isobutyramide).

(50) ortho-chlorofentanyl(N-(2-chlorophenyl)-N-(1-phenethylpiperidin-4-

yl)propionamide.

(51) ortho-fluorofuranyl fentanyl(N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-

yl)furan-2-carboxamide).

(52) ortho-methylcyclopropylfentanyl(N-2-methylphenyl)-N-(1-phenethylpiperidin-

4-yl)cyclopropanecarboxamide.

(53) para-chlorofentanyl(N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-

yl)propionamide).

(54) para-fluoro valeryl fentanyl(N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-

yl)pentanamide).

(55) para-methoxyfuranyl fentanyl(N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-

4-yl)furan-2-carboxamide).

(56) para-methylcyclopropyl fentanyl(N-(4-methylphenyl)-N-(1-phenylpiperidin-4-

yl)cyclopropanecarboxamide).

(57) tetrahydrothiofuranyl fentanyl(N-(1-phenethylpiperidin-4-yl)-N-

phenyltetrahydrothiophene-2-carboxamide).

4. Opium derivatives. Unless specifically excepted or unless listed in another schedule,

any of the following opium derivatives, its salts, isomers, and salts of isomers

whenever the existence of such 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 hydrochloride 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.

5. Hallucinogenic substances. Unless specifically excepted or unless listed in another

schedule, 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 (for purposes of this subsection only,

the term "isomer" includes the optical, position, and geometric isomers):

a. Alpha-ethyltryptamine, its optical isomers, salts, and salts of isomers (also known

as etryptamine; a-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole).

b. Alpha-methyltryptamine.

c. 4-methoxyamphetamine (also known as 4-methoxy-a-methylphenethylamine;

paramethoxyamphetamine; PMA).

d. N-hydroxy-3,4-methylenedioxyamphetamine (also known as N-hydroxy-alpha-

methyl-3,4(methylenedioxy)phenylamine, and N-hydroxy MDA.

e. Ibogaine (also known as 7-Ethyl-6, 6B, 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6,

9-methano-5 H-pyrido [1', 2':1,2] azepino (5,4-b) indole; Tabernanthe iboga).

f. Lysergic acid diethylamide.

g. Marijuana.

h. Parahexyl (also known as 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro- 6,6,9-trimethyl-

6H-dibenzol[b,d]pyran; Synhexyl).

i. Peyote (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 such plant, and every compound, manufacture, salts, derivative,

mixture, or preparation of such plant, its seeds, or its extracts).

j. N-ethyl-3-piperidyl benzilate.

k. N-methyl-3-piperidyl benzilate.

l. Psilocybin.

m. (1) Tetrahydrocannabinols, meaning tetrahydrocannabinols naturally contained

in a plant of the genus Cannabis (cannabis plant), as well as synthetic

equivalents of the substances contained in the cannabis plant, or in the

resinous extractives of such plant, including synthetic substances,

derivatives, and their isomers with similar chemical structure and

pharmacological activity to those substances contained in the plant; such as

the following:

(a) Delta-1 cis or trans tetrahydrocannabinol, and their optical isomers.

Other names: Delta-9-tetrahydrocannabinol.

(b) Delta-6 cis or trans tetrahydrocannabinol, and their optical isomers.

Other names: Delta-8-tetrahydrocannabinol.

(c) Delta-3,4 cis or trans tetrahydrocannabinol, and its optical isomers.

(Since nomenclature of these substances is not internationally standardized,

compounds of these structures, regardless of numerical designation of atomic

positions covered.)

(2) Tetrahydrocannabinols do not include:

(a) The allowable amount of total tetrahydrocannabinol found in hemp or

an allowed hemp commodity or product as defined in chapter

4.1-18.1; or

(b) A prescription drug approved by the United States food and drug

administration under section 505 of the Federal Food, Drug, and

Cosmetic Act [21 U.S.C. 355].

n. Cannabinoids, synthetic. It includes the chemicals and chemical groups listed

below, including their homologues, salts, isomers, and salts of isomers. The term

"isomer" includes the optical, position, and geometric isomers.

(1) Indole acetamides. Any compound structurally derived from 1H-indole3-

acetamide or 1H-2-acetamide substituted in both of the following ways: at

the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl,

alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2piperidinyl)methyl, 2-

(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-

morpholinyl)methyl, tetrahydropyranylmethyl, benzyl, or halo benzyl group;

and, at the hydrogen of the acetamide by a phenyl, benzyl, cumyl, naphthyl,

adamantyl, cyclopropyl, pyrrolidinyl, piperazinyl, or propionaldehyde group

whether or not the compound is further modified to any extent in the

following ways:

(a) Substitution to the indole ring to any extent; or

(b) Substitution to the phenyl, benzyl, cumyl, naphthyl, adamantyl,

cyclopropyl, pyrrolidinyl, piperazinyl, or propionaldehyde group to any

extent; or

(c) A nitrogen heterocyclic analog of the indole ring; or

(d) A nitrogen heterocyclic analog of the phenyl, benzyl, naphthyl,

adamantyl, or cyclopropyl ring.

(e) Examples include:

[1] N-cyclohexyl-2-(1-pentylindol-3-yl)acetamide - Other names: CH-

PIATA, Cyclohexyl-PIATA, CHX-PIATA, CH-PIACA, and CHX-

PIACA.

[2] N-cyclohexyl-2-[1-[(4-fluorophenyl)methyl]indol-3-yl]acetamide -

Other names: CH-FUBIATA and CH-FUBIACA.

[3] 2-[[2-[1-[(4-fluorophenyl)methyl]indol-3-yl]acetyl]amino]-3,3-

dimethyl-butanamide - Other names: ADB-FUBIATA, FUB-

ACADB, and AD-18.

(2) Indole carboxaldehydes. Any compound structurally derived from 1H-indole-

3-carboxaldehyde or 1H-2-carboxaldehyde substituted in both of the

following ways: at the nitrogen atom of the indole ring by an alkyl, haloalkyl,

cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-

piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl,

1-(N-methyl-3- morpholinyl)methyl, tetrahydropyranylmethyl, benzyl, or halo

benzyl group; and, at the hydrogen of the carboxaldehyde by a phenyl,

benzyl, cumyl, naphthyl, adamantyl, cyclopropyl, pyrrolidinyl, piperazinyl, or

propionaldehyde group whether or not the compound is further modified to

any extent in the following ways:

(a) Substitution to the indole ring to any extent; or

(b) Substitution to the phenyl, benzyl, cumyl, naphthyl, adamantyl,

cyclopropyl, pyrrolidinyl, piperazinyl, or propionaldehyde group to any

extent; or

(c) A nitrogen heterocyclic analog of the indole ring; or

(d) A nitrogen heterocyclic analog of the phenyl, benzyl, naphthyl,

adamantyl, or cyclopropyl ring.

(e) Examples include:

[1] 1-Pentyl-3-(1-naphthoyl)indole - Other names: JWH-018 and

AM-678.

[2] 1-Butyl-3-(1-naphthoyl)indole - Other names: JWH-073.

[3] 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole - Other names:

JWH-081.

[4] 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole - Other names:

JWH-200.

[5] 1-Propyl-2-methyl-3-(1-naphthoyl)indole - Other names:

JWH-015.

[6] 1-Hexyl-3-(1-naphthoyl)indole - Other names: JWH-019.

[7] 1-Pentyl-3-(4-methyl-1-naphthoyl)indole - Other names:

JWH-122.

[8] 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole - Other names: JWH-210.

[9] 1-Pentyl-3-(4-chloro-1-naphthoyl)indole - Other names:

JWH-398.

[10] 1-(5-fluoropentyl)-3-(1-naphthoyl)indole - Other names: AM-2201.

[11] 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole - Other

names: RCS-8.

[12] 1-Pentyl-3-(2-methoxyphenylacetyl)indole - Other names:

JWH-250.

[13] 1-Pentyl-3-(2-methylphenylacetyl)indole - Other names:

JWH-251.

[14] 1-Pentyl-3-(2-chlorophenylacetyl)indole - Other names: JWH-

203.

[15] 1-Pentyl-3-(4-methoxybenzoyl)indole - Other names: RCS-4.

[16] (1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole) - Other names:

AM-694.

[17] (4-Methoxyphenyl)-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-

yl]methanone - Other names: WIN 48,098 and Pravadoline.

[18] (1-Pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone --

Other names: UR-144.

[19] (1-(5-fluoropentyl)indol-3-yl)-(2,2,3,3-

tetramethylcyclopropyl)methanone - Other names: XLR-11.

[20] (1-(2-morpholin-4-ylethyl)-1H-indol-3-yl)-(2,2,3,3-

tetramethylcyclopropyl)methanone - Other names: A-796,260.

[21] (1-(5-fluoropentyl)-1H-indazol-3-yl)(naphthalen-1-yl)methanone --

Other names: THJ-2201.

[22] 1-naphthalenyl(1-pentyl-1H-indazol-3-yl)-methanone -- Other

names: THJ-018.

[23] (1-(5-fluoropentyl)-1H-benzo[d]imidazol-2-yl)(naphthalen-1-

yl)methanone - Other names: FUBIMINA.

[24] 1-[(N-methylpiperidin-2-yl)methyl]-3-(adamant-1-oyl) indole -

Other names: AM-1248.

[25] 1-Pentyl-3-(1-adamantoyl)indole - Other names: AB-001 and

JWH-018 adamantyl analog.

(3) Indole carboxamides. Any compound structurally derived from 1H-indole-3-

carboxamide or 1H-2-carboxamide substituted in both of the following ways:

at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl,

alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl,

2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-

morpholinyl)methyl, tetrahydropyranylmethyl, benzyl, or halo benzyl group;

and, at the nitrogen of the carboxamide by a phenyl, benzyl, cumyl,

naphthyl, adamantyl, cyclopropyl, or propionaldehyde group whether or not

the compound is further modified to any extent in the following ways:

(a) Substitution to the indole ring to any extent; or

(b) Substitution to the phenyl, benzyl, cumyl, naphthyl, adamantyl,

cyclopropyl, or propionaldehyde group to any extent; or

(c) A nitrogen heterocyclic analog of the indole ring; or

(d) A nitrogen heterocyclic analog of the phenyl, benzyl, naphthyl,

adamantyl, or cyclopropyl ring.

(e) Examples include:

[1] N-Adamantyl-1-pentyl-1H-indole-3-carboxamide - Other names:

JWH-018 adamantyl carboxamide, APICA, SDB-001, and 2NE1.

[2] N-Adamantyl-1-fluoropentylindole-3-carboxamide - Other names:

STS-135.

[3] N-Adamantyl-1-pentyl-1H-Indazole-3-carboxamide - Other

names: AKB 48 and APINACA.

[4] N-1-naphthalenyl-1-pentyl-1H-indole-3-carboxamide - Other

names: NNEI and MN-24.

[5] N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indole-3-

carboxamide - Other names: ADBICA.

[6] (S)-N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-

3-carboxamide - Other names: AB-PINACA.

[7] N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-

fluorophenyl)methyl]-1H-indazole-3-carboxamide - Other names:

AB-FUBINACA.

[8] N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-

indazole-3-carboxamide - Other names: 5-Fluoro AB-PINACA

and 5F-AB-PINACA.

[9] N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-

3-carboxamide - Other names: ADB-PINACA.

[10] N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmethyl)-

1H-indazole-3-carboxamide - Other names: AB-CHMINACA.

[11] N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-

indazole-3-carboxamide - Other names: ADB-FUBINACA.

[12] N-(adamantan-1-yl)-1-(4-fluorobenzyl)-1H -indazole-3-

carboxamide - Other names: FUB-AKB48, FUB-APINACA, and

AKB48 N-(4-FLUOROBENZYL).

[13] 1-(5-fluoropentyl)-N-(quinolin-8-yl)-1H-indazole-3-carboxamide -

Other names: 5-fluoro-THJ.

[14] methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3-

methylbutanoate - Other names: 5-fluoro AMB and 5F-AMB.

[15] methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3-

methylbutanoate - Other names: FUB-AMB, MMB-FUBINACA,

and AMB-FUBINACA.

[16] N-[1-(aminocarbonyl)-2,2-dimethylpropyl]-1-(cyclohexylmethyl)-1

H-indazole-3-carboxamide - Other names: MAB-CHMINACA and

ADB-CHMINACA.

[17] Methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-

dimethylbutanoate - Other names: 5F-ADB and

5F-MDMB-PINACA.

[18] N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-

carboxamide - Other names: 5F-APINACA and 5F-AKB48.

[19] Methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-

dimethylbutanoate - Other names: MDMB-CHMICA and

MMB-CHMINACA.

[20] Methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3,3-

dimethylbutanoate - Other names: MDMB-FUBINACA.

[21] 1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxa

mide - Other names: 4-CN-CUMYL-BUTINACA; 4-cyano-

CUMYL-BUTINACA; 4-CN-CUMYL BINACA; CUMYL-4CN

-BINACA; SGT-78.

[22] methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-

3-methylbutanoate - Other names: MMB-CHMICA, AMB-

CHMICA.

[23] 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-pyrrolo[2,3-b]pyridi

ne-3-carboxamide - Other names: 5F-CUMYL-P7AICA.

[24] ethyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-

dimethylbutanoate - Other names: 5F-EDMB-PINACA.

[25] methyl 2-(1-(5-fluoropentyl)-1H-indole-3-carboxamido)-3,3-

dimethylbutanoate - Other names: 5F-MDMB-PICA and 5F-

MDMB-2201.

[26] 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-

carboxamide - Other names: 5F-CUMYL-PINACA, SGT-25.

[27] (1-(4-fluorobenzyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)

methanone - Other names: FUB-144.

[28] methyl 2-(1-(4-fluorobutyl)-1H-indazole-3-carboxamido)-3,3-

dimethylbutanoate (4F-MDMB-BINACA, 4F-MDMB-BUTINACA).

[29] Methyl 2-[[1-(5-fluoropentyl)indole-3-carbonyl]amino]-3,3-

dimethyl-butanoate - Other names: 5F-MDMB-PICA and 5F-

MDMB-2201.

[30] 5-bromo-N-(1-carbamoyl-2,2-dimethyl-propyl)-1H-indazole-3-

carboxamide - Other names: ADB-5Br-INACA.

[31] Methyl 2-[(5-bromo-1H-indazole-3-carbonyl)amino]-3,3-dimethyl-

butanoate - Other names: MDMB-5Br-INACA.

[32] 5-bromo-1-butyl-N-(1-carbamoyl-2,2-dimethyl-propyl)indazole-3-

carboxamide - Other names: ADB-5'Br-BINACA and ADB-5'Br-

BUTINACA.

[33] Methyl 3,3-dimethyl-2-(1-(pent-4-en-1-yl)-1H-indazole-3-

carboxamido)butanoate - Other name: MDMB-4en-PINACA.

[34] Methyl 2-[[1-(4-fluorobutyl)indole-3-carbonyl]amino]-3,3-dimethyl-

butanoate - Other names: 4F-MDMB-BUTICA; 4F-MDMB-BICA.

[35] N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(pent-4-en-1-yl)-1H-

indazole-3-carboxamide - Other name: ADB-4en-PINACA.

[36] Ethyl 2-[[1-(5-fluoropentyl)indole-3-carbonyl]amino]-3,3-dimethyl-

butanoate - Other names: 5F-EDMB-PICA; 5F-EDMB-2201.

[37] Methyl 2-(1-(4-fluorobenzyl)-1H-indole-3-carboxamido)-3-methyl

butanoate - Other name: MMB-FUBICA.

[38] N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-butyl-1H-indazole-3-

carboxamide - Other name: ADB-BUTINACA.

(4) Indole carboxylic acids. Any compound structurally derived from 1H-indole-

3-carboxylic acid or 1H-2-carboxylic acid substituted in both of the following

ways: at the nitrogen atom of the indole ring by an alkyl, haloalkyl,

cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-

piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl,

1-(N-methyl-3- morpholinyl)methyl, tetrahydropyranylmethyl, benzyl, or halo

benzyl group; and, at the hydroxyl group of the carboxylic acid by a phenyl,

benzyl, cumyl, naphthyl, adamantyl, cyclopropyl, or propionaldehyde group

whether or not the compound is further modified to any extent in the

following ways:

(a) Substitution to the indole ring to any extent; or

(b) Substitution to the phenyl, benzyl, cumyl, naphthyl, adamantyl,

cyclopropyl, propionaldehyde group to any extent; or

(c) A nitrogen heterocyclic analog of the indole ring; or

(d) A nitrogen heterocyclic analog of the phenyl, benzyl, naphthyl,

adamantyl, or cyclopropyl ring.

(e) Examples include:

[1] 1-(cyclohexylmethyl)-1H-indole-3-carboxylic acid 8-quinolinyl

ester - Other names: BB-22 and QUCHIC.

[2] naphthalen-1-yl 1-(4-fluorobenzyl)-1H-indole-3-carboxylate -

Other names: FDU-PB-22.

[3] 1-pentyl-1H-indole-3-carboxylic acid 8-quinolinyl ester - Other

names: PB-22 and QUPIC.

[4] 1-(5-Fluoropentyl)-1H-indole-3-carboxylic acid 8-quinolinyl ester -

Other names: 5-Fluoro PB-22 and 5F-PB-22.

[5] quinolin-8-yl-1-(4-fluorobenzyl)-1H-indole-3-carboxylate - Other

names: FUB-PB-22.

[6] naphthalen-1-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate -

Other names: NM2201 and CBL2201.

(5) Naphthylmethylindoles. Any compound containing a 1H-indol-3-yl-(1-

naphthyl)methane structure with substitution at the nitrogen atom of the

indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl,

cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-

(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or

(tetrahydropyran-4-yl)methyl group whether or not further substituted in the

indole ring to any extent and whether or not substituted in the naphthyl ring

to any extent. Examples include:

(a) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane - Other names: JWH-175.

(b) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methane - Other names:

JWH-184.

(6) Naphthoylpyrroles. Any compound containing a 3-(1-naphthoyl)pyrrole

structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl,

haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-

2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-

pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-

yl)methyl group whether or not further substituted in the pyrrole ring to any

extent, whether or not substituted in the naphthyl ring to any extent.

Examples include: (5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-

ylmethanone - Other names: JWH-307.

(7) Naphthylmethylindenes. Any compound containing a naphthylideneindene

structure with substitution at the 3-position of the indene ring by an alkyl,

haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-

2-piperidinyl)methyl, 2 (4 morpholinyl)ethyl, 1-(N-methyl-2-

pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-

yl)methyl group whether or not further substituted in the indene ring to any

extent, whether or not substituted in the naphthyl ring to any extent.

Examples include: E-1-[1-(1-Naphthalenylmethylene)-1H-inden-3-yl]pentane

- Other names: JWH-176.

(8) Cyclohexylphenols. Any compound containing a 2-(3-

hydroxycyclohexyl)phenol structure with substitution at the 5-position of the

phenolic ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl,

cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-

(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or

(tetrahydropyran-4-yl)methyl group whether or not substituted in the

cyclohexyl ring to any extent. Examples include:

(a) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol - Other

names: CP 47,497.

(b) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol - Other

names: Cannabicyclohexanol and CP 47,497 C8 homologue.

(c) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-

hydroxypropyl)cyclohexyl]-phenol - Other names: CP 55,940.

(9) Others specifically named:

(a) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-

6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol - Other names: HU-210.

(b) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-

6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol - Other names:

Dexanabinol and HU-211.

(c) 2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-

benzoxazin-6-yl]-1-napthalenylmethanone - Other names:

WIN 55,212-2.

(d) Naphthalen-1-yl-(4-pentyloxynaphthalen-1-yl)methanone - Other

names: CB-13.

(e) N-[(Z)-(1-hexyl-2-oxo-indolin-3-ylidene)amino]benzamide - Other

names: BZO-HEXOXIZID and MDA-19.

(f) N-[(Z)-(2-oxo-1-pentyl-indolin-3-ylidene)amino]benzamide - Other

names: BZO-POXIZID, Pentyl MDA-19, and 5C-MDA-19.

(g) N-[(Z)-[1-(5-fluoropentyl)-2-oxo-indolin-3-ylidene]amino]benzamide -

Other names: 5F-BZO-POXIZID and 5F-MDA-19.

(h) N-[(Z)-(2-oxo-1-pent-4-enyl-indolin-3-ylidene)amino]benzamide -

Other names: BZO-4en-POXIZID and 4en-pentyl MDA-19.

(i) N-[(Z)-[1-(cyclohexylmethyl)-2-oxo-indolin-3-ylidene]amino]benzamide

- Other names: BZO-CHMOXIZID, Cyclohexylmethyl MDA-19 and

CHM-MDA-19.

(j) N-(1-carbamoyl-2-methyl-propyl)-2-(5-fluoropentyl)-5-(4-

fluorophenyl)pyrazole-3-carboxamide - Other Names: 5F-AB-

PFUPPYCA.

(k) 5-Pentyl-2-(2-phenylpropan-2-yl)pyrido[4,3-b]indol-1-one - Other

names: CUMYL-PEGACLONE; SGT-151.

o. Substituted phenethylamines. This includes any compound, unless specifically

excepted, specifically named in this schedule, or listed under a different schedule,

structurally derived from phenylethan-2-amine by substitution on the phenyl ring

in any of the following ways, that is to say, by substitution with a fused

methylenedioxy ring, fused furan ring, or fused tetrahydrofuran ring; by

substitution with two alkoxy groups; by substitution with one alkoxy and either one

fused furan, tetrahydrofuran, or tetrahydropyran ring system; or by substitution

with two fused ring systems from any combination of the furan, tetrahydrofuran,

or tetrahydropyran ring systems.

(1) Whether or not the compound is further modified in any of the following

ways, that is to say:

(a) By substitution of phenyl ring by any halo, hydroxyl, alkyl,

trifluoromethyl, alkoxy, or alkylthio groups;

(b) By substitution at the 2-position by any alkyl groups; or

(c) By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl,

hydroxybenzyl, methylenedioxybenzyl, or methoxybenzyl groups.

(2) Examples include:

(a) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (also known as 2C-C or

2,5-Dimethoxy-4-chlorophenethylamine).

(b) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (also known as 2C-D or

2,5-Dimethoxy-4-methylphenethylamine).

(c) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (also known as 2C-E or

2,5-Dimethoxy-4-ethylphenethylamine).

(d) 2-(2,5-Dimethoxyphenyl)ethanamine (also known as 2C-H or 2,5-

Dimethoxyphenethylamine).

(e) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (also known as 2C-I or

2,5-Dimethoxy-4-iodophenethylamine).

(f) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (also known as 2C-N or

2,5-Dimethoxy-4-nitrophenethylamine).

(g) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (also known as 2C-P

or 2,5-Dimethoxy-4-propylphenethylamine).

(h) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (also known as 2C-

T-2 or 2,5-Dimethoxy-4-ethylthiophenethylamine).

(i) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (also known as

2C-T-4 or 2,5-Dimethoxy-4-isopropylthiophenethylamine).

(j) 2-(4-bromo-2,5-dimethoxyphenyl)ethanamine (also known as 2C-B or

2,5-Dimethoxy-4-bromophenethylamine).

(k) 2-(2,5-dimethoxy-4-(methylthio)phenyl)ethanamine (also known as

2C-T or 4-methylthio-2,5-dimethoxyphenethylamine).

(l) 1-(2,5-dimethoxy-4-iodophenyl)-propan-2-amine (also known as DOI

or 2,5-Dimethoxy-4-iodoamphetamine).

(m) 1-(4-Bromo-2,5-dimethoxyphenyl)-2-aminopropane (also known as

DOB or 2,5-Dimethoxy-4-bromoamphetamine).

(n) 1-(4-chloro-2,5-dimethoxy-phenyl)propan-2-amine (also known as

DOC or 2,5-Dimethoxy-4-chloroamphetamine).

(o) 2-(4-bromo-2,5-dimethoxyphenyl)-N-[(2-

methoxyphenyl)methyl]ethanamine (also known as 2C-B-NBOMe;

2,5B-NBOMe or 2,5-Dimethoxy-4-bromo-N-(2-

methoxybenzyl)phenethylamine).

(p) 2-(4-iodo-2,5-dimethoxyphenyl)-N-[(2 -

methoxyphenyl)methyl]ethanamine (also known as 2C-I-NBOMe; 2,5I-

NBOMe or 2,5-Dimethoxy-4-iodo-N-(2-

methoxybenzyl)phenethylamine).

(q) N-(2-Methoxybenzyl)-2-(3,4,5-trimethoxyphenyl)ethanamine (also

known as mescaline-NBOMe or 3,4,5-trimethoxy-N-(2-

methoxybenzyl)phenethylamine).

(r) 2-(4-chloro-2,5-dimethoxyphenyl)-N-[(2-

methoxyphenyl)methyl]ethanamine (also known as 2C-C-NBOMe;

2,5C-NBOMe or 2,5-Dimethoxy-4-chloro-N-(2-

methoxybenzyl)phenethylamine).

(s) 2-(7-Bromo-5-methoxy-2,3-dihydro-1-benzofuran-4-yl)ethanamine

(also known as 2CB-5-hemiFLY).

(t) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-

yl)ethanamine (also known as 2C-B-FLY).

(u) 2-(10-Bromo-2,3,4,7,8,9-hexahydropyrano[2,3-g]chromen-5-

yl)ethanamine (also known as 2C-B-butterFLY).

(v) N-(2-Methoxybenzyl)-1-(8-bromo-2,3,6,7-tetrahydrobenzo[1,2-b:4,5-

b']difuran-4-yl)-2-aminoethane (also known as 2C-B-FLY-NBOMe).

(w) 1-(4-Bromofuro[2,3-f][1]benzofuran-8-yl)propan-2-amine (also known

as bromo-benzodifuranyl-isopropylamine or bromo-dragonFLY).

(x) N-(2-Hydroxybenzyl)-4-iodo-2,5-dimethoxyphenethylamine (also

known as 2C-I-NBOH or 2,5I-NBOH).

(y) 5-(2-Aminopropyl)benzofuran (also known as 5-APB).

(z) 6-(2-Aminopropyl)benzofuran (also known as 6-APB).

(aa) 5-(2-Aminopropyl)-2,3-dihydrobenzofuran (also known as 5-APDB).

(bb) 6-(2-Aminopropyl)-2,3,-dihydrobenzofuran (also known as 6-APDB).

(cc) 2,5-dimethoxy-amphetamine (also known as 2,5-dimethoxy-a-

methylphenethylamine; 2,5-DMA).

(dd) 2,5-dimethoxy-4-ethylamphetamine (also known as DOET).

(ee) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (also known as 2C-T-

7).

(ff) 5-methoxy-3,4-methylenedioxy-amphetamine.

(gg) 4-methyl-2,5-dimethoxy-amphetamine (also known as 4-methyl-2,5-

dimethoxy-a-methylphenethylamine; DOM and STP).

(hh) 3,4-methylenedioxy amphetamine (also known as MDA).

(ii) 3,4-methylenedioxymethamphetamine (also known as MDMA).

(jj) 3,4-methylenedioxy-N-ethylamphetamine (also known as N-ethyl-

alpha-methyl-3,4(methylenedioxy)phenethylamine, MDE, MDEA).

(kk) 3,4,5-trimethoxy amphetamine.

(ll) Mescaline (also known as 3,4,5-trimethoxyphenethylamine).

p. Substituted tryptamines. This includes any compound, unless specifically

excepted, specifically named in this schedule, or listed under a different schedule,

structurally derived from 2-(1H-indol-3-yl)ethanamine (i.e., tryptamine) by mono-

or di-substitution of the amine nitrogen with alkyl or alkenyl groups or by inclusion

of the amino nitrogen atom in a cyclic structure whether or not the compound is

further substituted at the alpha-position with an alkyl group or whether or not

further substituted on the indole ring to any extent with any alkyl, alkoxy, halo,

hydroxyl, or acetoxy groups. Examples include:

(1) 5-methoxy-N,N-diallyltryptamine (also known as 5-MeO-DALT).

(2) 4-acetoxy-N,N-dimethyltryptamine (also known as 4-AcO-DMT or O-

Acetylpsilocin).

(3) 4-hydroxy-N-methyl-N-ethyltryptamine (also known as 4-HO-MET).

(4) 4-hydroxy-N,N-diisopropyltryptamine (also known as 4-HO-DIPT).

(5) 5-methoxy-N-methyl-N-isopropyltryptamine (also known as 5-MeO-MiPT).

(6) 5-methoxy-N,N-dimethyltryptamine (also known as 5-MeO-DMT).

(7) Bufotenine (also known as 3-(Beta-Dimethyl-aminoethyl)-5-hydroxyindole;

3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin; 5-hydroxy-N,N-

dimethyltryptamine; mappine).

(8) 5-methoxy-N,N-diisopropyltryptamine (also known as 5-MeO-DiPT).

(9) Diethyltryptamine (also known as N,N-Diethyltryptamine; DET).

(10) Dimethyltryptamine (also known as DMT).

(11) Psilocyn.

q. 1-[3-(trifluoromethylphenyl)]piperazine (also known as TFMPP).

r. 1-[4-(trifluoromethylphenyl)]piperazine.

s. 6,7-dihydro-5H-indeno-(5,6-d)-1,3-dioxol-6-amine (also known as 5,6-

Methylenedioxy-2-aminoindane or MDAI).

t. 2-(Ethylamino)-2-(3-methoxyphenyl)cyclohexanone (also known as

Methoxetamine or MXE).

u. Ethylamine analog of phencyclidine (also known as N-ethyl-1-

phenylcyclohexylamine, (1-phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl)

ethylamine, cyclohexamine, PCE).

v. Pyrrolidine analog of phencyclidine (also known as 1-(1-phenylcyclohexyl)-

pyrrolidine, PCPy, PHP).

w. Thiophene analog of phencyclidine (also known as (1-[1-(2-thienyl) cyclohexyl]

piperidine; 2-Thienylanalog of phencyclidine; TPCP, TCP).

x. 1-[1-(2-thienyl)cyclohexyl]pyrrolidine (also known as TCPy).

y. Salvia divinorum, salvinorin A, or any of the active ingredients of salvia divinorum.

6. Depressants. Unless specifically excepted or unless listed in another schedule, any

material compound, mixture, or preparation which contains any quantity of the

following substances having a depressant effect on the central nervous system,

whenever the existence of such salts, isomers, and salts of isomers is possible within

the specific chemical designation:

a. Gamma-hydroxybutyric acid.

b. Mecloqualone.

c. Methaqualone.

d. Clonazolam (also known as Clonitrazolam).

e. Etizolam.

f. Flualprazolam.

g. Flubromazepam.

h. Flubromazolam.

i. Adinazolam.

j. Bromazolam.

k. Deschloroetizolam.

l. Diclazepam.

7. Stimulants. Unless specifically excepted or unless listed in another schedule, any

material, compound, mixture, or preparation which contains any quantity of the

following substances having a stimulant effect on the central nervous system, including

its salts, isomers, and salts of isomers:

a. Aminorex (also known as 2-amino-5-phenyl-2-oxazoline, or 4,5-dihydro-5-phenyl-

2-oxazolamine).

b. Cathinone.

c. Substituted cathinones. Any compound, material, mixture, preparation, or other

product, unless listed in another schedule or an approved food and drug

administration drug (e.g., buproprion, pyrovalerone), structurally derived from 2-

aminopropan-1-one by substitution at the 1-position with either phenyl, naphthyl,

or thiophene ring systems, whether or not the compound is further modified in

any of the following ways:

(1) By substitution in the ring system to any extent with alkyl, alkylenedioxy,

alkoxy, haloalkyl, hydroxyl, or halide substituents, whether or not further

substituted in the ring system by one or more other univalent substitutents;

(2) By substitution at the 3-position with an acyclic alkyl substituent;

(3) By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or

methoxybenzyl groups; or

(4) By inclusion of the 2-amino nitrogen atom in a cyclic structure.

Some trade or other names:

(a) 3,4-Methylenedioxy-alpha-pyrrolidinopropiophenone (also known as

MDPPP).

(b) 3,4-Methylenedioxy-N-ethylcathinone (also known as Ethylone,

MDEC, or bk-MDEA).

(c) 3,4-Methylenedioxy-N-methylcathinone (also known as Methylone or

bk-MDMA).

(d) 3,4-Methylenedioxypyrovalerone (also known as MDPV).

(e) 3,4-Dimethylmethcathinone (also known as 3,4-DMMC).

(f) 2-(methylamino)-1-phenylpentan-1-one (also known as Pentedrone).

(g) 2-Fluoromethcathinone (also known as 2-FMC).

(h) 3-Fluoromethcathinone (also known as 3-FMC).

(i) 4-Methylethcathinone (also known as 4-MEC and 4-methyl-N-

ethylcathinone).

(j) 4-Fluoromethcathinone (also known as Flephedrone and 4-FMC).

(k) 4-Methoxy-alpha-pyrrolidinopropiophenone (also known as MOPPP).

(l) 4-Methoxymethcathinone (also known as Methedrone; bk-PMMA).

(m) 4'-Methyl-alpha-pyrrolidinobutiophenone (also known as MPBP).

(n) Alpha-methylamino-butyrophenone (also known as Buphedrone or

MABP).

(o) Alpha-pyrrolidinobutiophenone (also known as alpha-PBP).

(p) Alpha-pyrrolidinopropiophenone (also known as alpha-PPP).

(q) Alpha-pyrrolidinopentiophenone (also known as Alpha-

pyrrolidinovalerophenone or alpha-PVP).

(r) Beta-keto-N-methylbenzodioxolylbutanamine (also known as Butylone

or bk-MBDB).

(s) Ethcathinone (also known as N-Ethylcathinone).

(t) 4-Methylmethcathinone (also known as Mephedrone or 4-MMC).

(u) Methcathinone.

(v) N,N-dimethylcathinone (also known as metamfepramone).

(w) Naphthylpyrovalerone (naphyrone).

(x) B-Keto-Methylbenzodioxolylpentanamine (also known as Pentylone).

(y) 4-Methyl-alpha-pyrrolidinopropiophenone (also known as 4-MePPP

and MPPP).

(z) 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)-pentan-1-one (also known as

Ephylone and N-Ethylpentylone).

(aa) N-ethylhexedrone (also known as alpha - ethylaminohexanophenone

and 2-(ethylamino)-1-phenylhexan-1-one)).

(bb) Alpha-pyrrolidinohexanophenone (also known as alpha-PHP, alpha-

pyrrolidinohexiophenone, and 1-phenyl-2-(pyrrolidin-1-yl)hexan-1-

one)).

(cc) 4-methyl-alpha-ethylaminopentiophenone (also known as 4-MEAP

and 2-(ethylamino)-1-(4-methylphenyl)pentan-1-one)).

(dd) 4'-methyl-alpha-pyrrolidinohexiophenone (also known as MPHP, 4'-

methyl-alpha-pyrrolidinohexanophenone and 1-(4-methylphenyl)-2-

(pyrrolidin-1-yl)hexan-1-one)).

(ee) Alpha-pyrrolidinoheptaphenone (also known as PV8 and 1-phenyl-2-

(pyrrolidin-1-yl)heptan-1-one)).

(ff) 4-chloro-alpha-pyrrolidinovalerophenone (also known as 4-chloro-

alpha-PVP, 4'-chloro-alpha-pyrrolidinopentiophenone, and 1-(4-

chlorophenyl)-2-(pyrrolidin-1-yl)pentan-1-one)).

(gg) 4-methyl-1-phenyl-2-(pyrrolidin-1-yl)pentan-1-one (other name: alpha-

PiHP).

(hh) 2-(methylamino)-1-(3-methylphenyl)propan-1-one (other names: 3-

MMC; 3-methylmethcathinone).

(ii) Eutylone (also known as 1-(1,3-benzodioxol-5-yl)-2-

(ethylamino)butan-1-one).

d. Fenethylline.

e. Fluoroamphetamine.

f. Fluoromethamphetamine.

g. (±)cis-4-methylaminorex (also known as (±)cis-4,5-dihydro-4-methyl-5-phenyl-2-

oxazolamine).

h. N-Benzylpiperazine (also known as BZP, 1-benzylpiperazine).

i. N-ethylamphetamine.

j. N, N-dimethylamphetamine (also known as N,N-alpha-trimethyl-

benzeneethanamine; N,N-alpha-trimethylphenethylamine).

k. 1-(4-methoxyphenyl)-N-methylpropan-2-amine (also known as

paramethoxymethamphetamine and PMMA).

l. 4,4′-Dimethylaminorex (4,4′-DMAR; 4,5-dihydro-4-methyl-5-(4-methylphenyl)-2-

oxazolamine; 4-methyl-5-(4-methylphenyl)-4,5-dihydro-1,3-oxazol-2-amine).

m. Amineptine (Also known as 7- [(10,11-dihydro-5Hdibenzo[a,d]cyclohepten-5-

yl)amino]heptanoic acid).

n. Mesocarb (Also known as N-phenyl-N′ -(3-(1- phenylpropan-2-yl)-1,2,3-oxadiazol-

3- ium-5-yl)carbamimidate).

o. Methiopropamine (Also known as N-methyl-1-(thiophen-2-yl)propan-2-amine).

p. Ethylphenidate (ethyl 2-phenyl-2-(piperidin-2-yl)acetate).
N.D. Cent. Code § 19-21-05 — ND Code / Title 19 / Chapter 19-21 / Section 19-21-05
19-21-05. Regulations
Status: in_force

19-21-05. Regulations

The department may adopt regulations pursuant to chapter 28-32 for the efficient

enforcement of this chapter. If the department finds that, because of the size of the package

involved or because of the minor hazard presented by the substance contained therein, or for

other good and sufficient reasons, full compliance with the labeling requirements otherwise

applicable under this chapter is impracticable or is not necessary for the adequate protection of

the public health and safety, it shall adopt regulations exempting the substance from these

requirements, to an extent consistent with adequate protection of the public health and safety.

If the department finds that an article subject to this chapter cannot be labeled adequately to

protect the public health and safety, or the article presents an imminent danger to the public

health and safety, it may declare the article to be a banned hazardous substance and require its

removal from commerce.

The department shall cause the regulations adopted under this chapter to conform with the

regulations established pursuant to the Federal Hazardous Substances Act.
N.D. Cent. Code § 19-01-12 — ND Code / Title 19 / Chapter 19-01 / Section 19-01-12
19-01-12. Seizure of unlawful products - Search warrant
Status: in_force

19-01-12. Seizure of unlawful products - Search warrant

A search warrant may be issued by any judge, including a district or municipal judge,

whenever probable cause is shown by affidavit or deposition under oath that any article,

product, composition, or thing is being kept or is present upon certain premises which shall be

particularly described or is in possession of any person who shall be named in the affidavit or

deposition, and that such article, product, composition, or thing, is not in compliance with, or is

being used or possessed contrary to, any applicable provision of this title or of any rule,

regulation, standard, tolerance, or definition issued pursuant thereto. The search warrant must

be in substantially the form described in the North Dakota Rules of Criminal Procedure. It must

particularly describe the premises or the person who has possession of such article and must

be signed by the judge with the name of the judge's office, and must be directed to any peace

officer of the county or to the department or any of its agents. The warrant shall command the

peace officer or agent of the department to search the persons or places named and to seize all

and any products, articles, compositions, or things of the kind described therein which may be

held in violation of any applicable provision of this title and to bring such products, articles,

compositions, or things before the judge.
N.D. Cent. Code § 19-24.1-30 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-30
19-24.1-30. Compassion centers - Recordkeeping - Compassion center agents - Registry identification cards
Status: in_force

19-24.1-30. Compassion centers - Recordkeeping - Compassion center agents -

Registry identification cards.

1. Each compassion center shall maintain:

a. In compliance with rules adopted under this chapter, a personnel record for each

compassion center agent for a period of at least three years following termination

of the individual's affiliation with the compassion center. The personnel record

must comply with minimum requirements set by rule adopted under this chapter.

b. A record of the source of funds that will be used to open or maintain the

compassion center, including the name, address, and date of birth of any

investor.

c. A record of each instance in which a current or prospective board member,

member-manager, manager, or governor, who managed or served on the board

of a business or not-for-profit entity and in the course of that service was

convicted, fined, or censured or had a registration or license suspended or

revoked in any administrative or judicial proceeding.

2. Each compassion center agent shall hold a valid registry identification card.
N.D. Cent. Code § 19-01-08 — ND Code / Title 19 / Chapter 19-01 / Section 19-01-08
19-01-08. Expenses - How paid
Status: repealed

19-01-08. Expenses - How paid

Repealed by S.L. 1987, ch. 263, § 30.
N.D. Cent. Code § 19-01-06 — ND Code / Title 19 / Chapter 19-01 / Section 19-01-06
19-01-06. Offices of department - Employees - Equipment
Status: repealed

19-01-06. Offices of department - Employees - Equipment

Repealed by S.L. 1987, ch. 263, § 30.
N.D. Cent. Code § 19-03.1-22.6 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-22.6
19-03.1-22.6. Distribution of illegal drugs - Special penalty for death or injury
Status: in_force

19-03.1-22.6. Distribution of illegal drugs - Special penalty for death or injury

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. "Supplies" includes delivering, supplying, directing, or willfully assisting another to

supply or deliver a controlled substance.

2. An individual is guilty of causing death or injury by distributing a controlled substance if

the individual willfully delivers a controlled substance, or supplies another to deliver or

consume a controlled substance, and an individual dies or is injured from overdosing

after consuming a portion of that controlled substance.

a. A violation of this section is a class A felony.

b. This section does not limit a conviction under chapter 12.1-16, but an individual

may not be found guilty of this section and an offense under chapter 12.1-16 if

the conduct arises out of the same course of conduct.

3. Venue for an offense under this section is in the county where the death or injury

occurred or any county where the controlled substance was directly or indirectly

obtained by the deceased or injured individual.

a. An individual may not be convicted in more than one county for the death or injury

of the same individual who overdosed on a controlled substance.

b. Notwithstanding chapter 29-03, an individual outside the state may be prosecuted

within the state under this section.

c. The charging document for a violation of this section must list an overt act in

which the individual engaged to violate this section.

d. Injury or death by an overdose may be proven by direct or circumstantial

evidence.

4. An individual may not be charged under this section if the individual supplied or

administered a controlled substance as part of a medical procedure or the individual

was in a lawful position to dispense a medication prescription.

a. An individual may not be charged under this section if the individual complied with

section 19-3.1-23.4.

b. It is not a defense to this section that the deceased or injured individual had other

controlled substances or alcohol in the individual's system which the defendant

did not supply at the time of an overdose.
N.D. Cent. Code § 19-24.1-07 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-07
19-24.1-07. Registry identification cards - Nontransferable
Status: in_force

19-24.1-07. Registry identification cards - Nontransferable

A registry identification card is not transferable, by assignment or otherwise, to another

person. If a person attempts to transfer a card in violation of this section, the registry

identification card is void and the person is prohibited from all privileges provided under this

chapter.
N.D. Cent. Code § 19-17-06 — ND Code / Title 19 / Chapter 19-17 / Section 19-17-06
19-17-06. Weights of containers for flour, cornmeal, and grits - Penalty
Status: repealed

19-17-06. Weights of containers for flour, cornmeal, and grits - Penalty

Repealed by S.L. 1985, ch. 258, § 66.
N.D. Cent. Code § 19-24.1-23 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-23
19-24.1-23. Compassion centers - Pesticide testing
Status: in_force

19-24.1-23. Compassion centers - Pesticide testing

A manufacturing facility shall test marijuana at a manufacturing facility for the presence of

pesticides. If a marijuana pesticide test or a random quality sampling test under section

19-24.1-22 indicates the presence of a pesticide, the manufacturing facility shall report the test

result immediately to the department and to the agriculture commissioner. Upon the order of the

department or agriculture commissioner, the manufacturing facility immediately shall destroy all

affected or contaminated marijuana and usable marijuana inventory in accordance with rules

adopted under this chapter, and shall certify to the department and to the agriculture

commissioner that all affected or contaminated inventory has been destroyed.
N.D. Cent. Code § 19-03.1-12 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-12
19-03.1-12. Schedule V tests
Status: in_force

19-03.1-12. Schedule V tests

The board shall place a substance in schedule V if it finds that:

1. The substance has low potential for abuse relative to the controlled substances listed

in schedule IV;

2. The substance has currently accepted medical use in treatment in the United States;

and

3. The substance has limited physical dependence or psychological dependence liability

relative to the controlled substances listed in schedule IV.
N.D. Cent. Code § 19-24.1-02 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-02
19-24.1-02. Medical marijuana program
Status: in_force

19-24.1-02. Medical marijuana program

The department shall establish and implement a medical marijuana program under this

chapter to allow for production and processing, the sale and dispensing of usable marijuana,

and medical use of marijuana. A person may not produce or process or sell, possess, transport,

dispense, or use marijuana or usable marijuana under the medical marijuana program unless

the person is authorized to do so as a compassion center, a cardholder, or otherwise authorized

by rule adopted under this chapter.
N.D. Cent. Code § 19-03.3-06 — ND Code / Title 19 / Chapter 19-03.3 / Section 19-03.3-06
19-03.3-06. Cancellation, revocation, or suspension of physician's license
Status: in_force

19-03.3-06. Cancellation, revocation, or suspension of physician's license

This chapter does not limit the authority of the board to cancel, revoke, or suspend the

license of any physician who:

1. Prescribes or administers a drug or treatment that is nontherapeutic in nature or

nontherapeutic in the manner the drug or treatment is administered or prescribed.

2. Fails to keep complete and accurate records of purchases and disposals of controlled

substances listed in chapter 19-03.1.

3. Writes false or fictitious prescriptions for controlled substances scheduled in chapter

19-03.1.
N.D. Cent. Code § 19-04-02 — ND Code / Title 19 / Chapter 19-04 / Section 19-04-02
19-04-02. Chloral hydrate not to be sold without prescription
Status: repealed

19-04-02. Chloral hydrate not to be sold without prescription

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 19-03.1-23.4 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-23.4
19-03.1-23.4. Overdose prevention and immunity
Status: in_force

19-03.1-23.4. Overdose prevention and immunity

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 individual in need of emergency medical assistance due to a drug overdose. To receive

immunity under this section, the individual receiving immunity must have remained on the scene

until assistance arrived, cooperated with the medical treatment of the reported drug overdosed

individual, and the overdosed individual must have been in a condition a layperson would

reasonably believe to be a drug overdose requiring immediate medical assistance. Neither the

individual who experiences a drug-related overdose and is in need of emergency medical

assistance nor the cooperating individual seeking medical assistance may be charged or

prosecuted for the criminal offenses listed in this section or for the sharing of controlled

substances among those present. Immunity from prosecution under this section does not apply

unless the evidence for the charge or prosecution was obtained as a result of the drug-related

overdose and the need for emergency medical assistance. Good faith does not include seeking

medical assistance during the course of the execution of an arrest warrant or search warrant or

during a lawful search.
N.D. Cent. Code § 19-03.1-29 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-29
19-03.1-29. Distribution to persons under age eighteen
Status: repealed

19-03.1-29. Distribution to persons under age eighteen

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 19-21-01 — ND Code / Title 19 / Chapter 19-21 / Section 19-21-01
19-21-01. Definitions
Status: in_force

19-21-01. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Banned hazardous substance" means:

a. Any toy, or other article, intended for use by children, which is a hazardous

substance, or which bears or contains a hazardous substance in a manner so as

to be susceptible of access by a child to whom the toy, or other article, is

entrusted; or

b. Any hazardous substance intended, or packaged in a form suitable, for use in the

household, which the department, by regulation, classifies as a "banned

hazardous substance", on the basis of a finding that, notwithstanding cautionary

labeling as required under this chapter, the degree or nature of the hazard

involved in the presence or use of the substance in households is such that the

protection of the public health and safety can only be adequately served by

keeping the substance out of the channels of commerce.

Provided, the department, by regulation, shall exempt from subdivision a those

articles, such as chemical sets, which by reason of functional purpose require the

inclusion of the hazardous substance involved, and which bear labeling giving

adequate directions and warnings for safe use, and are intended for use by children

who have attained sufficient maturity and may reasonably be expected to read and

heed these directions and warnings.

2. "Corrosive" means any substance which in contact with living tissue will cause

destruction of tissue by chemical action, but does not refer to action on inanimate

surfaces.

3. "Department" means the department of health and human services.

4. "Extremely flammable" applies to any substance which has a flashpoint at or below

twenty degrees Fahrenheit [-6.67 degrees Celsius] as determined by the Tagliabue

open cup tester, and the term "flammable" applies to any substance which has a

flashpoint of above twenty degrees to and including eighty degrees Fahrenheit [-6.67

degrees to and including 26.67 degrees Celsius], as determined by the Tagliabue open

cup tester; except that the flammability of solids and of the contents of self-pressurized

containers shall be determined by methods generally applicable to such materials or

containers, respectively, and established by regulations issued by the department,

which regulations must also define the terms "flammable" and "extremely flammable"

in accordance with such methods.

5. "Hazardous substance" means any substance, except drugs and medicines, or

mixture of substances, except drugs and medicines, which is toxic, corrosive, an

irritant, a strong sensitizer, flammable, or which generates pressure through

decomposition, heat, or other means, if such hazardous substance or mixture of

hazardous substances may cause substantial personal injury or illness during or as a

proximate result of any customary or reasonably anticipated handling or use; provided,

that the term "hazardous substance" does not include:

a. Substances stored in containers and intended for use as fuel in a heating,

cooking, or refrigeration system.

b. Economic poisons subject to the Federal or the North Dakota Insecticide,

Fungicide, and Rodenticide Act of 1947.

c. Any source material, special nuclear material, or byproduct material as defined in

the Atomic Energy Act of 1954, as amended, and regulations issued pursuant

thereto by the atomic energy commission.

The term "hazardous substance" applies to any article which is not an economic

poison within the meaning of the Federal or North Dakota Insecticide, Fungicide, and

Rodenticide Act of 1947, and which is a hazardous substance within the meaning of

this subsection by reason of bearing or containing an economic poison.

6. "Highly toxic" means any substance which falls within any of the following categories:

produces death within fourteen days in one-half or more than one-half of a group of

ten or more laboratory white rats each weighing between two hundred and three

hundred grams, at a single dose of fifty milligrams or less per kilogram of body weight,

when orally administered; or produces death within fourteen days in one-half or more

than one-half of a group of ten or more laboratory white rats each weighing between

two hundred and three hundred grams, when inhaled continuously for a period of one

hour or less at an atmospheric concentration of two hundred parts per million by

volume or less of gas, vapor, mist, or dust, provided such concentration is likely to be

encountered by man when the substance is used in any reasonably foreseeable

manner; or produces death within fourteen days in one-half or more than one-half of a

group of ten or more rabbits tested in a dosage of two hundred milligrams or less per

kilogram of body weight, when administered by continuous contact with the bare skin

for twenty-four hours or less. If the department finds that available data on human

experience with any substance indicate results different from those obtained on

animals in the above-named dosages or concentrations, the human data shall take

precedence.

7. "Immediate container" does not include package liners.

8. "Irritant" means any substance, not corrosive, which on immediate, prolonged, or

repeated contact with normal living tissue will induce a local inflammatory reaction.

9. "Label" means a display of written, printed, or graphic matter upon or attached to the

immediate package or container of any hazardous substance or, in the case of an

article which is unpackaged or is not packaged in an immediate container intended or

suitable for delivery to the ultimate consumer, a display of this matter directly on the

article involved, or on a tag or other suitable material affixed thereto; and a

requirement made by or under authority of this chapter that any word, statement, or

other information appearing on the label may not be considered to be in compliance

with this chapter unless such word, statement, or other information also appears on

the outside container or wrapper, if any there be, unless it is easily legible through the

outside container or wrapper, and unless it appears on all accompanying literature

where there are directions for use, written or otherwise.

10. "Misbranded hazardous substance" means a hazardous substance, including a toy or

other article intended for use by children which is a hazardous substance, or which

bears or contains a hazardous substance in a manner so as to be susceptible of

access by a child to whom the toy or other article is entrusted, which is intended, or

packaged in a form suitable for household use, or use by children, which, unless

exempted by regulation, fails to bear a label:

a. Which states conspicuously the name and place of business of the manufacturer,

packer, or distributor; the common usual name, or the chemical name, or the

recognized generic name, not trade name only, of the hazardous substance or of

each component which contributes substantially to its hazard; the signal word

"DANGER" on substances which are extremely flammable, corrosive, or highly

toxic; the signal word "WARNING" or "CAUTION" on all other hazardous

substances; an affirmative statement of the principal hazard or hazards, such as

"FLAMMABLE", "VAPOR HARMFUL", "CAUSES BURNS", "ABSORBED

THROUGH SKIN", or similar wording descriptive of the hazard; precautionary

measures describing the action to be followed or avoided; instructions, when

necessary, for the first-aid treatment in case of contact or exposure, if the

substance is hazardous through contact or exposure; the word "POISON" for any

hazardous substance which is defined as "HIGHLY TOXIC" by this section;

instructions for handling and storage of packages which require special care in

handling or storage; and the statement "KEEP OUT OF REACH OF CHILDREN",

or its practical equivalent or, if the article is intended for use by children and is not

a banned hazardous substance, adequate directions for the protection of children

from the hazard.

b. On which any statements required under this subsection are located prominently

and are in the English language in legible type in contrast by typography, layout,

or color with other printed matter on the label; provided, that the department shall,

by regulations, provide for minimum information which must appear on the labels

for small packages, which labels need not include all of the information required

by this subsection; provided, further, that the department may permit less than the

foregoing statement of the hazard or precautionary measures for labels of

hazardous substances presenting only minor hazards; and the term "misbranded

hazardous substance" does not apply to packages of economic poisons so

labeled that if introduced in interstate commerce, it would be in compliance with

the Federal Insecticide, Fungicide, and Rodenticide Act, nor to packages of

foods, drugs, and cosmetics so labeled that if introduced in interstate commerce,

it would be in compliance with the Federal Food, Drug, and Cosmetic Act, nor to

any package of a hazardous substance so labeled that if introduced into

interstate commerce, it would be in compliance with the Federal Hazardous

Substances Act and rules and regulations promulgated pursuant to that Act.

11. "Person" includes an individual, partnership, corporation, limited liability company, and

association.

12. "Radioactive substance" means a substance which emits ionizing radiation.

13. "Strong sensitizer" means any substance which will cause, on normal living tissue

through an allergic or photodynamic process, a hypersensitivity which becomes

evident on reapplication of the same hazardous substance and which is designated as

such by the department. Before designating any substance as a strong sensitizer, the

department shall, after public hearing, following due notice, find that the frequency of

occurrence and severity of the reaction indicate a significant potential for causing

hypersensitivity.

14. "Toxic" applies to any substance, other than a radioactive substance, which has the

inherent capacity to produce bodily injury to man through ingestion, inhalation, or

absorption through any body surface.
N.D. Cent. Code § 19-24.1-15 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-15
19-24.1-15. Compassion centers - Registration
Status: in_force

19-24.1-15. Compassion centers - Registration

1. Upon receipt of notification by the department a compassion center application is

eligible for registration, the applicant shall submit all of the following additional items to

the department to qualify for registration:

a. A certification fee, made payable to the "North Dakota Department of Health and

Human Services, Medical Marijuana Program", in an amount not to exceed ninety

thousand dollars for a dispensary and one hundred ten thousand dollars for a

manufacturing facility.

b. A financial assurance or security bond to ensure the protection of the public

health and safety and the environment in the event of abandonment, default, or

other inability or unwillingness to meet the requirements of this chapter.

c. The physical address of the proposed compassion center; confirmation the

information in the application regarding the physical location of the proposed

compassion center has not changed, and if the information has changed the

department shall determine whether the new information meets the requirements

of this chapter; and a current certificate of occupancy, or equivalent document, to

demonstrate compliance with the provisions of state and local fire code for the

physical address of the proposed compassion center. It is not necessary for an

applicant to resubmit any information provided in the initial application unless

there has been a change in that information.

d. An update to previously submitted information, including information about

compassion center agents and compliance with section 19-24.1-18.

2. If an applicant complies with subsection 1, the department shall issue the applicant a

registration certificate.
N.D. Cent. Code § 19-02.1-15 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-15
19-02.1-15. Drugs limited to dispensing on prescription
Status: in_force

19-02.1-15. Drugs limited to dispensing on prescription

1. Except as authorized and provided in chapter 19-03.1, a depressant, stimulant, or

hallucinogenic drug; or a drug intended for use by man which is a habit-forming drug to

which subsection 4 of section 19-02.1-14 applies; or a drug that, because of its toxicity

or other potentiality for harmful effect, or the method of its use, or the collateral

measures necessary to its use, is not safe for use except under the supervision of a

practitioner; or a drug limited by an approved application under section 505 of the

federal act or section 19-02.1-16 to use under the professional supervision of a

practitioner, must be dispensed by prescription of a practitioner, and such prescription

may not be filled or refilled after one year from the date on which such prescription

was issued; except that nothing herein may be construed as preventing a practitioner

from issuing a new prescription for the same drug either in writing or orally. Any oral

prescription for such drug must be promptly reduced to writing and filed by the

pharmacist.

2. Any drug dispensed by filling or refilling a written or oral prescription of a practitioner

licensed by law to administer such drug is exempt from the requirements of section

19-02.1-14, except subsection 1, subdivisions b and c of subsection 10, subsections

12 and 13, and the packaging requirements of subsections 8 and 9 of section

19-02.1-14, if the drug bears a label containing the name and address of the

dispenser, the serial number and date of the prescription or of its filling, the name of

the prescriber and, if stated in the prescription, the name of the patient, and the

directions for use and cautionary statements, if any, contained in such prescription.

This exemption does not apply to any drug dispensed in the course of the conduct of a

business of dispensing drugs pursuant to diagnosis by mail or electronic means, or to

a drug dispensed in violation of subsection 1.

3. The department may, by regulation, remove drugs subject to subsection 4 of section

19-02.1-14 and section 19-02.1-16 from the requirements of subsection 1 when such

requirements are not necessary for the protection of the public health. Drugs removed

from the prescription requirements of the federal act by regulations issued thereunder

may also, by regulations issued by the department, be removed from the requirements

of subsection 1.

4. A drug which is subject to subsection 1 must be deemed to be misbranded if at any

time prior to dispensing its label fails to bear the statement "Caution: Federal Law

Prohibits Dispensing Without Prescription", "Rx Only", or "Caution: State Law Prohibits

Dispensing Without Prescription". A drug to which subsection 1 does not apply must be

deemed to be misbranded if at any time prior to dispensing its label bears the caution

statement quoted in the preceding sentence.

5. Nothing in this section may be construed to relieve any person from any requirement

prescribed by or under authority of law with respect to drugs now included or which

may hereafter be included within the classifications of narcotic drugs or marijuana as

defined in the applicable federal and state laws relating to narcotic drugs and

marijuana.
N.D. Cent. Code § 19-01-13 — ND Code / Title 19 / Chapter 19-01 / Section 19-01-13
19-01-13. Department may seize unlawful products, articles, compositions, or things without search warrant
Status: in_force

19-01-13. Department may seize unlawful products, articles, compositions, or things

without search warrant.

The department may seize any product, article, composition, or thing which is

manufactured, sold, used, transported, kept, or offered for sale, use, or transportation, or which

is held in possession with intent to use, sell, or transport the same, in violation of any provision

of this title applicable to such product, article, composition, or thing, or in violation of any rule,

regulation, standard, or definition relating to the product, article, composition, or thing

established pursuant to any provision of this title. The employees of the department have the

powers of a peace officer. A seizure may be made without warrant, but, as soon as practicable,

the person suspected of violation must be arrested and prosecuted for the violation.
N.D. Cent. Code § 19-03.1-21 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-21
19-03.1-21. Order forms
Status: in_force

19-03.1-21. Order forms

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.
N.D. Cent. Code § 19-03.4-04 — ND Code / Title 19 / Chapter 19-03.4 / Section 19-03.4-04
19-03.4-04. Unlawful manufacture or delivery of drug paraphernalia - Penalty
Status: in_force

19-03.4-04. This section does not apply to a practitioner as defined in section 19-03.1-01 or to a

product possessed in the course of a legitimate and lawful business.
N.D. Cent. Code § 19-21-09 — ND Code / Title 19 / Chapter 19-21 / Section 19-21-09
19-21-09. Penalties
Status: in_force

19-21-09. Penalties

Any person who violates any of the provisions of this chapter is guilty of a class A

misdemeanor. No person is subject to the penalties of this section for having violated subsection

1 of section 19-21-02 in respect of any hazardous substance shipped or delivered for shipment

for export to any foreign country in a package marked for export and branded in accordance

with the specifications of the foreign purchaser and in accordance with the laws of the foreign

country.
N.D. Cent. Code § 19-24.1-03.2 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-03.2
19-24.1-03.2. Qualifying patients - Hospice program
Status: in_force

19-24.1-03.2. Qualifying patients - Hospice program

In lieu of the written certification required under section 19-24.1-03, an individual admitted

into the hospice program as defined in chapter 23-17.4 may submit to the department a copy of

the individual's medical records identifying a designation of being admitted into the hospice

program. The department may use medical records in place of a written certification to approve

or deny the application under section 19-24.1-05. The department shall issue a registry

identification card within fourteen calendar days of approving an application under this section.

The department shall waive the registration fee for a qualifying patient applicant admitted into

the hospice program.
N.D. Cent. Code § 19-03.3-01 — ND Code / Title 19 / Chapter 19-03.3 / Section 19-03.3-01
19-03.3-01. Definitions
Status: in_force

19-03.3-01. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Board" means the North Dakota board of medicine.

2. "Pain" means acute pain and chronic pain. Acute pain is the normal, predicted

physiological response to a noxious chemical or thermal or mechanical stimulus and

typically is associated with invasive procedures, trauma, or disease, and is generally

time-limited. Chronic pain is a state that persists beyond the usual course of an acute

disease or healing of an injury or that may or may not be associated with an acute or

chronic pathologic process that causes continuous or intermittent pain over months or

years.

3. "Physician" means a physician licensed by the board.
N.D. Cent. Code § 19-21-06 — ND Code / Title 19 / Chapter 19-21 / Section 19-21-06
19-21-06. Examinations and investigations
Status: in_force

19-21-06. Examinations and investigations

The department is authorized to conduct examinations, inspections, and investigations for

the purposes of this chapter through officers and employees of the department or through any

health officer or employee of the state of North Dakota. For purposes of enforcement of this

chapter, officers or employees duly designated by the department upon presenting appropriate

credentials to the owner, operator, or agent in charge are authorized to enter, at reasonable

times, any factory, warehouse, or establishment in which hazardous substances are held or to

enter any vehicle being used to transport or hold such hazardous substances and to inspect and

sample at reasonable times, within reasonable limits, and in a reasonable manner finished

hazardous substances in retail packages and labeling thereon in such factory, warehouse,

establishment, or vehicle. Each such inspection must be commenced and completed with

reasonable promptness.
N.D. Cent. Code § 19-01-07 — ND Code / Title 19 / Chapter 19-01 / Section 19-01-07
19-01-07. Contract services
Status: in_force

19-01-07. Contract services

Funds may be accepted by the department from cities, counties, states, federal agencies,

and private organizations for contract services of analytical and inspection work. Such funds

must be remitted by the department to the state treasurer and deposited in the operating fund of

the department.
N.D. Cent. Code § 19-03.2-03 — ND Code / Title 19 / Chapter 19-03.2 / Section 19-03.2-03
19-03.2-03. Prohibited acts - Penalties - Exception
Status: in_force

19-03.2-03. Prohibited acts - Penalties - Exception

1. It is a class C felony for any person to manufacture, distribute, or possess with intent

to distribute, an imitation controlled substance.

2. It is a class C felony for a person to place in any newspaper, magazine, handbill, or

other publication, or to post or distribute in any public place, any advertisement or

solicitation with reasonable knowledge that the purpose of the advertisement or

solicitation is to promote the distribution of imitation controlled substances.

3. It is a class B misdemeanor for a person to use, or to possess with intent to use, an

imitation controlled substance.

4. It is not a defense that the defendant believed the substance actually to be a controlled

substance.

5. No civil or criminal liability may be imposed by virtue of this chapter on any person

registered under chapter 19-03.1 who manufactures, distributes, or possesses an

imitation controlled substance for use as a placebo by a registered practitioner in the

course of professional practice or research.
N.D. Cent. Code § 19-17-04 — ND Code / Title 19 / Chapter 19-17 / Section 19-17-04
19-17-04. Enforcement
Status: in_force

19-17-04. Enforcement

1. The department shall enforce this chapter and the department may adopt rules,

regulations, and orders pursuant to chapter 28-32 for the efficient enforcement of this

chapter.

2. Whenever the vitamin and mineral requirements set forth in sections 19-17-02 and

19-17-03 are no longer in conformity with the legally established standards governing

the interstate shipments of enriched flour and enriched white bread or enriched rolls,

the department, in order to maintain uniformity between intrastate and interstate

vitamin and mineral requirements for the foods within the provisions of this chapter,

shall modify or revise such requirements to conform with amended standards

governing interstate shipments.

3. In the event of findings by the department that there is an existing or imminent

shortage of any ingredient required by sections 19-17-02 and 19-17-03, and that

because of such shortage the sale and distribution of flour or white bread or rolls may

be impeded by the enforcement of this chapter, the department shall issue an order, to

be effective immediately upon issuance, permitting the omission of such ingredients

from flour or white bread or rolls, and if the department finds it necessary or

appropriate, excepting such foods from labeling requirements until the further order of

the department. Any such findings may be made without hearing, on the basis of an

order or of factual information supplied by the appropriate federal agency or officer. In

the absence of any such order of the appropriate federal agency or factual information

supplied by it, the department on the department's own motion may, and upon

receiving the sworn statements of ten or more persons subject to this chapter that they

believe such a shortage exists or is imminent shall, within twenty days thereafter hold

a public hearing with respect thereto at which any interested person may present

evidence, and shall make findings based upon the evidence presented. The

department shall publish notice of any such hearing at least ten days prior thereto.

Whenever the department has reason to believe that such shortage no longer exists,

the department shall hold a public hearing, after at least ten days' notice has been

given, at which any interested person may present evidence, and the department shall

make findings based upon the evidence so presented. If the department's findings be

that such shortage no longer exists, the department shall issue an order to become

effective not less than thirty days after the publication thereof, revoking such previous

order; provided, however, that undisposed floor stocks of flour on hand at the effective

date of such revocation order, or flour manufactured prior to such effective date, for

sale in this state may thereafter be lawfully sold or disposed of.

4. For the purpose of this chapter, the department is authorized to take samples for

analysis and to conduct examinations and investigations, and to enter, at reasonable

times, any factory, mill, bakery, warehouse, shop, or establishment where flour, white

bread, or rolls are manufactured, processed, packed, sold, or held, or any vehicle

being used for the transportation thereof, and to inspect any such place or vehicle and

any flour, white bread, or rolls therein, and all pertinent equipment, materials,

containers, and labeling.
N.D. Cent. Code § 19-03.1-01 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-01
19-03.1-01. Definitions
Status: in_force

19-03.1-01. Definitions

As used in this chapter and in chapters 19-03.2 and 19-03.4, unless the context otherwise

requires:

1. "Administer" means to apply a controlled substance, whether by injection, inhalation,

ingestion, or any other means, directly to the body of a patient or research subject by:

a. A practitioner or, in the practitioner's presence, by the practitioner's authorized

agent; or

b. The patient or research subject at the direction and in the presence of the

practitioner.

2. "Agent" means an authorized person who acts on behalf of or at the direction of a

manufacturer, distributor, or dispenser. It does not include a common or contract

carrier, public warehouseman, or employee of the carrier or warehouseman.

3. "Anabolic steroids" means any drug or hormonal substance, chemically and

pharmacologically related to testosterone, other than estrogens, progestins, and

corticosteroids.

4. "Board" means the state board of pharmacy.

5. "Bureau" means the drug enforcement administration in the United States department

of justice or its successor agency.

6. "Controlled substance" means a drug, substance, or immediate precursor in schedules

I through V as set out in this chapter.

7. "Controlled substance analog":

a. Means a substance the chemical structure of which is substantially similar to the

chemical structure of a controlled substance in a schedule I or II and:

(1) Which has a stimulant, depressant, or hallucinogenic effect on the central

nervous system which is substantially similar to or greater than the

stimulant, depressant, or hallucinogenic effect on the central nervous

system of a controlled substance in schedule I or II; or

(2) 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 or greater than the stimulant,

depressant, or hallucinogenic effect on the central nervous system of a

controlled substance in schedule I or II.

b. Does not include:

(1) A controlled substance;

(2) Any substance for which there is an approved new drug application; or

(3) With respect to a particular individual, any substance, if an exemption is in

effect for investigational use, for that individual, 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.

8. "Counterfeit substance" means 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.

9. "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one

person to another of a controlled substance whether or not there is an agency

relationship.

10. "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.

11. "Dispenser" means a practitioner who dispenses.

12. "Distribute" means to deliver other than by administering or dispensing a controlled

substance.

13. "Distributor" means a person who distributes.

14. "Drug" means:

a. Substances recognized as drugs in the official United States pharmacopeia

national formulary, or the official homeopathic pharmacopeia of the United States,

or any supplement to any of them;

b. Substances intended for use in the diagnosis, cure, mitigation, treatment, or

prevention of disease in individuals or animals;

c. Substances, other than food, intended to affect the structure or any function of

the body of individuals or animals; and

d. Substances intended for use as a component of any article specified in

subdivision a, b, or c. The term does not include devices or their components,

parts, or accessories.

15. "Immediate precursor" means a substance:

a. That the board has found to be and by rule designates as being the principal

compound commonly used or produced primarily for use in the manufacture of a

controlled substance;

b. That is an immediate chemical intermediary used or likely to be used in the

manufacture of the controlled substance; and

c. The control of which is necessary to prevent, curtail, or limit the manufacture of

the controlled substance.

16. "Manufacture" means the production, preparation, propagation, compounding,

conversion, or processing of a controlled substance, either directly or indirectly by

extraction 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 or compounding of a controlled substance

by an individual for the individual's own use or the preparation, compounding,

packaging, or labeling of a controlled substance:

a. 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

b. 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.

17. "Marijuana" means all parts of the plant of the genus cannabis, whether growing or

not; the seeds thereof; and every compound, manufacture, salt, derivative, mixture, or

preparation of the plant. The term does not include:

a. The tetrahydrocannabinol extracted or isolated from the plant;

b. 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 mature stalks (except the resin extracted therefrom),

fiber, oil, or cake, or the sterilized seed of the plant which is incapable of

germination;

c. Hemp as defined in chapter 4.1-18.1; or

d. A prescription drug approved by the United States food and drug administration

under section 505 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 355].

18. "Narcotic drug" means any of the following, whether produced directly or indirectly by

extraction from substances of vegetable origin, or independently by means of chemical

synthesis, or by a combination of extraction and chemical synthesis:

a. Opium and opiate and any salt, compound, derivative, or preparation of opium or

opiate.

b. Any salt, compound, isomer, derivative, or preparation thereof which is chemically

equivalent or identical with any of the substances referred to in subdivision a, 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,

any salt, compound, isomer, derivative, or preparation thereof which 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.

19. "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 or addiction-sustaining liability. The term does not include, unless

specifically designated as controlled under section 19-03.1-02, the dextrorotatory

isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). The term

includes its racemic and levorotatory forms.

20. "Opium poppy" means the plant of the species papaver somniferum L., except its

seeds.

21. "Over-the-counter sale" means a retail sale of a drug or product other than a

controlled, or imitation controlled, substance.

22. "Person" means individual, corporation, limited liability company, government or

governmental subdivision or agency, business trust, estate, trust, partnership or

association, or any other legal entity.

23. "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.

24. "Practitioner" means:

a. A physician, dentist, veterinarian, pharmacist, scientific investigator, or other

person licensed, registered, or otherwise permitted by the jurisdiction in which the

individual is practicing to distribute, dispense, conduct research with respect to, or

to administer a controlled substance in the course of professional practice or

research.

b. A pharmacy, hospital, or other institution licensed, registered, or otherwise

permitted to distribute, dispense, conduct research with respect to, or to

administer a controlled substance in the course of professional practice or

research in this state.

25. "Production" includes the manufacturing, planting, cultivating, growing, or harvesting of

a controlled substance.

26. "Sale" includes barter, exchange, or gift, or offer therefor, and each such transaction

made by a person, whether as principal, proprietor, agent, servant, or employee.

27. "Scheduled listed chemical product" means a product that contains ephedrine,

pseudoephedrin, or phenylpropanolamine, or each of the salts, optical isomers, and

salts of optical isomers of each chemical, and that may be marketed or distributed in

the United States under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301

et seq.] as a nonprescription drug unless prescribed by a licensed physician.

28. "State" when applied to a part of the United States includes any state, district,

commonwealth, territory, insular possession thereof, and any area subject to the legal

authority of the United States.

29. "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 the individual's household or for

administering to an animal owned by the individual or by a member of the individual's

household.
N.D. Cent. Code § 19-24.1-22 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-22
19-24.1-22. Compassion centers - Inspections
Status: in_force

19-24.1-22. Compassion centers - Inspections

1. A compassion center is subject to random inspection by the department. During an

inspection, the department may review the compassion center's records, including the

compassion center's financial and dispensing records, which may track transactions

according to registered qualifying patient and registered designated caregiver registry

identification numbers.

2. The department shall conduct inspections of compassion centers to ensure

compliance with this chapter. The department shall conduct inspections of

manufacturing facilities for the presence of contaminants. The department shall select

a certified laboratory to conduct random quality sampling testing, in accordance with

rules adopted under this chapter. A compassion center shall pay the cost of all random

quality sampling testing.
N.D. Cent. Code § 19-03.2-01 — ND Code / Title 19 / Chapter 19-03.2 / Section 19-03.2-01
19-03.2-01. Definitions
Status: in_force

19-03.2-01. Definitions

1. "Controlled substance" means a substance as defined in section 19-03.1-01.

2. "Distribute" means the actual, constructive, or attempted transfer, delivery, or

dispensing to another of an imitation controlled substance.

3. "Imitation controlled substance" means a substance that is not a controlled substance,

but which by appearance, including color, shape, size, markings, or packaging, or by

representations made, would lead a reasonable person to believe that the substance

is a controlled substance.

4. "Manufacture" means producing, preparing, compounding, processing, encapsulating,

packaging, repackaging, labeling, or relabeling of an imitation controlled substance.
N.D. Cent. Code § 19-01-04 — ND Code / Title 19 / Chapter 19-01 / Section 19-01-04
19-01-04. Assistant director - Qualifications, appointment, bond, salary, duties
Status: repealed

19-01-04. Assistant director - Qualifications, appointment, bond, salary, duties

Repealed by S.L. 1987, ch. 263, § 30.
N.D. Cent. Code § 19-03.1-36.5 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-36.5
19-03.1-36.5. Disposition of property if no answer filed
Status: in_force

19-03.1-36.5. Disposition of property if no answer filed

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.
N.D. Cent. Code § 19-24.1-03 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-03
19-24.1-03. Qualifying patients - Registration
Status: in_force

19-24.1-03. Qualifying patients - Registration

1. A qualifying patient is not eligible to purchase, use, or possess usable marijuana under

the medical marijuana program unless the qualifying patient has a valid registry

identification card.

2. A qualifying patient application for a registry identification card is complete and eligible

for review if an applicant submits to the department:

a. A nonrefundable application fee in an amount not to exceed forty dollars for a

registry identification card valid for two years.

b. An original written certification, which must include:

(1) The name, address, and telephone number of the practice location of the

applicant's health care provider;

(2) The health care provider's North Dakota license number;

(3) The health care provider's medical or nursing specialty;

(4) The applicant's name and date of birth;

(5) The applicant's debilitating medical condition and the medical justification for

the health care provider's certification of the patient's debilitating medical

condition;

(6) Attestation the written certification is made in the course of a bona fide

provider-patient relationship;

(7) Whether the health care provider authorizes the patient to use an enhanced

amount of the dried leaves or flowers of the plant of the genus cannabis in a

combustible delivery form to treat or alleviate the patient's debilitating

medical condition of cancer; and

(8) The health care provider's signature and the date.

c. An original qualifying patient application for a registry identification card form

established by the department which must include all of the following:

(1) The applicant's name, address, and date of birth.

(2) The name, address, and date of birth of the applicant's proposed designated

caregiver, if any.

(3) A photographic copy of the applicant's North Dakota identification. The North

Dakota identification must be available for inspection and verification upon

request of the department. If the applicant is unable to obtain a current

North Dakota identification due to the applicant's medical condition, the

applicant may submit other department approved documentation. If the

applicant is a minor, a certified copy of a birth record or a photographic copy

of the minor's North Dakota identification is required.

(4) The applicant's or guardian's signature and the date, or in the case of a

minor, the signature of the minor's parent or legal guardian with

responsibility for health care decisions and the date.

(5) A disclosure that possession of a firearm by a person who possesses

marijuana may be a violation of federal law.

d. A signed consent for release of medical information related to the applicant's

debilitating medical condition, on a form provided by the department.

e. A recent two-by-two inch [5.08-by-5.08 centimeter] photograph of the applicant.

f. Any other information or material required by rule adopted under this chapter.

3. If the applicant is unable to submit the required application information due to age or

medical condition, the individual responsible for making medical decisions for the

applicant may submit the application on behalf of the applicant. The individual

responsible for making medical decisions:

a. Must be identified on the qualifying patient application for a registry identification

card; and

b. Shall provide a photographic copy of the individual's department-approved

identification. The identification must be available for inspection and verification

upon the request of the department.

4. If the applicant is a minor, the department may waive the application or renewal fee if:

a. The parent or legal guardian of the applicant is the applicant's registered

designated caregiver; and

b. The applicant resides with the applicant's registered designated caregiver.
N.D. Cent. Code § 19-02.1-04 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-04
19-02.1-04. Penalties and guaranty
Status: repealed

19-02.1-04. Penalties and guaranty

1. Any person who violates any of the provisions of subsections 1 through 16 of section

19-02.1-02 is guilty of a class B misdemeanor.

2. No person shall be subject to the penalties of subsection 1, for having violated

subsection 1 or 3 of section 19-02.1-02 if the person established a guaranty or

undertaking signed by, and containing the name and address of, the person residing in

the state of North Dakota from whom the person received in good faith the article, to

the effect that such article is not adulterated or misbranded within the meaning of this

chapter, designating this chapter.

3. No publisher, radio-broadcast licensee, or agency or medium for the dissemination of

an advertisement, except the manufacturer, packer, distributor, or seller of the article to

which a false advertisement relates, shall be liable under this section by reason of the

dissemination by the person of such false advertisement, unless the person has

refused, on the request of the department, to furnish the department the name and

post-office address of the manufacturer, packer, distributor, seller, or advertising

agency residing in the state of North Dakota who caused the person to disseminate

such advertisement.

4. Repealed by S.L. 1971, ch. 235, § 49.
N.D. Cent. Code § 19-03.1-36.3 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-36.3
19-03.1-36.3. Summons and complaint for forfeiture of property - Contents of complaint - Notice
Status: in_force

19-03.1-36.3. Summons and complaint for forfeiture of property - Contents of

complaint - Notice.

When property described in subsection 1 of section 19-03.1-36 is to be forfeited, other than

property described in subsection 6 of section 19-03.1-36, and in the absence of a written

consent to forfeiture, forfeiture proceedings must be commenced by the filing of a summons and

complaint for forfeiture of the property in the district court of the county in which the property

was seized, is being held, or is located. In the case of real property, the summons and complaint

must be filed in the county in which the real property, or some part of the real property, is

located. The proceedings must be brought in the name of the state. The complaint must

describe the property, state its location, state its present custodian, state the name of each

owner if known, state the name of each party with a legal interest in the property if known or of

legal record, allege the essential elements of the violation that is claimed to exist, and must

conclude with a prayer to enforce the forfeiture. Notice of the forfeiture proceedings must be

given to each known owner and known person with a legal interest in the property to be forfeited

by serving a copy of the summons and complaint in accordance with the North Dakota Rules of

Civil Procedure. The procedure governing the proceedings, except as otherwise provided in this

chapter, is the same as that prescribed for civil proceedings.
N.D. Cent. Code § 19-05.1-03 — ND Code / Title 19 / Chapter 19-05.1 / Section 19-05.1-03
19-05.1-03. Charitable or nonprofit organization liability for injury
Status: in_force

19-05.1-03. Charitable or nonprofit organization liability for injury

A bona fide charitable or nonprofit organization which in good faith receives food, apparently

fit for human consumption, and distributes it at no charge, is not subject to criminal penalty or

civil damages resulting from the condition of the food unless an injury results from the negligent

or willful conduct of the organization.
N.D. Cent. Code § 19-02.1-02 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-02
19-02.1-02. Prohibited acts
Status: in_force

19-02.1-02. Prohibited acts

The following acts and the causing thereof within the state of North Dakota are hereby

prohibited:

1. The manufacture, sale, or delivery, holding or offering for sale of any food, drug,

device, or cosmetic that is adulterated or misbranded.

2. The adulteration or misbranding of any food, drug, device, or cosmetic.

3. The receipt in commerce of any food, drug, device, or cosmetic that is adulterated or

misbranded, and the delivery or proffered delivery thereof for pay or otherwise.

4. The sale, delivery for sale, holding for sale, or offering for sale of any article in violation

of section 19-02.1-11 or 19-02.1-16.

5. The dissemination of any false advertisement.

6. The refusal to permit entry or inspection, or to permit the taking of a sample, as

authorized by section 19-02.1-21.

7. The giving of a guaranty or undertaking which guaranty or undertaking is false, except

by a person who relied on a guaranty or undertaking to the same effect signed by, and

containing the name and address of the person residing in the state of North Dakota

from whom the person received in good faith the food, drug, device, or cosmetic.

8. The removal or disposal of a detained or embargoed article in violation of section

19-02.1-05.

9. The alteration, mutilation, destruction, obliteration, or removal of the whole or any part

of the labeling of, or the doing of any other act with respect to a food, drug, device, or

cosmetic, if such act is done while such article is held for sale and results in such

article being adulterated or misbranded.

10. Forging, counterfeiting, simulating, or falsely representing, or without proper authority

using any mark, stamp, tag, label, or other identification device authorized or required

by regulations promulgated under the provisions of this chapter or of the federal act.

11. The using, on the labeling of any drug or in any advertisement relating to such drug, of

any representation or suggestion that an application with respect to such drug is

effective under section 19-02.1-16 or that such drug complies with the provisions of

such section.

12. In the case of a prescription drug distributed or offered for sale in this state, the failure

of the manufacturer, packer, or distributor thereof to maintain for transmittal, or to

transmit, to any practitioner licensed by applicable law to administer such drug who

makes written request for information as to such drug, true and correct copies of all

printed matter which is required to be included in any package in which that drug is

distributed or sold, or such other printed matter as is approved under the federal act.

Nothing in this subsection may be construed to exempt any person from any labeling

requirement imposed by or under other provisions of this chapter.

13. Placing or causing to be placed upon any drug or device or container thereof, with

intent to defraud, the trade name or other identifying mark, or imprint of another or any

likeness of any of the foregoing; selling, dispensing, disposing of, or causing to be

sold, dispensed, or disposed of, or concealing or keeping in possession, control, or

custody, with intent to sell, dispense, or dispose of, any drug, device, or any container

thereof, with knowledge that the trade name or other identifying mark or imprint of

another or any likeness of any of the foregoing has been placed thereon in a manner

prohibited by this subsection; or making, selling, disposing of, or causing to be made,

sold, or disposed of, or keeping in possession, control, or custody, or concealing, with

intent to defraud, any punch, die, plate, or other thing designed to print, imprint, or

reproduce that trade name or other identifying mark or imprint of another or any

likeness of any of the foregoing upon any drug, device, or container thereof.

14. Dispensing or causing to be dispensed a different drug or brand of drug in place of the

drug or brand of drug ordered or prescribed without the express permission in each

case of the person ordering or prescribing.

15. The manufacture of drugs, or the supplying of drugs at wholesale or retail, unless a

license or permit to do so has first been obtained from the state board of pharmacy

after application to the state board of pharmacy and the payment of a fee set by the

state board of pharmacy.

16. The filling or refilling of any prescription in violation of subsection 1 of section

19-02.1-15.
N.D. Cent. Code § 19-03.1-40 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-40
19-03.1-40. Pending proceedings
Status: repealed

19-03.1-40. Pending proceedings

Repealed by S.L. 1985, ch. 262, § 27.
N.D. Cent. Code § 19-02.1-14.1 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-14.1
19-02.1-14.1. Definitions - Label of prescription drugs - Selecting and dispensing generic name drugs - Identification of prescription drugs
Status: in_force

19-02.1-14.1. Definitions - Label of prescription drugs - Selecting and dispensing

generic name drugs - Identification of prescription drugs.

1. As used in this section, unless the subject matter or context otherwise requires:

a. "Brand name" means the registered trademark name given to a drug or medicine

by its manufacturer, labeler, or distributor.

b. "Code imprint" means a series of letters or numbers assigned by the

manufacturer or distributor to a specific drug, or marks or monograms unique to

the manufacturer or distributor of the drug, or both.

c. "Distributor" means a person who distributes for resale a drug in solid dosage

form under that person's own label even though that person is not the actual

manufacturer of the drug.

d. "Generic name" means the established name or official chemical name of the

drug, drug product, or medicine.

e. "Prescription drug" means a drug defined by section 503(b) of the federal Act and

under which definition its label is required to bear the statement "Caution: Federal

law prohibits dispensing without prescription" or "Rx Only".

f. "Solid dosage form" means capsules or tablets intended for oral use.

g. "Therapeutically equivalent" means a generic name drug product that would elicit

the same therapeutic response from the same person as a brand name drug

product.

2. Drugs or medicines dispensed pursuant to a prescription must bear a label

permanently affixed to the immediate container in which the drug or medicine is

dispensed or delivered and which is received by the purchaser or patient. The label

must bear the brand name or the generic name, strength, quantity, serial number, date

of dispensing, patient name, and directions for use of the drug or medicine, except

when the physician or other health care provider authorized by law to prescribe drugs

or medicine has notified the pharmacist that the appearance of the name on the label

would be alarming to or detrimental to the well-being of the purchaser of the

prescription.

3. If a practitioner prescribes a drug by its brand name, the pharmacist may exercise

professional judgment in the economic interest of the patient by selecting a drug

product with the same generic name and demonstrated therapeutical equivalency as

the one prescribed for dispensing and sale to the patient unless the practitioner

specifically indicates in the practitioner's own handwriting "brand medically necessary"

on a written prescription or expressly indicates that an oral prescription is to be

dispensed as communicated. If the prescription is created electronically by the

prescriber, the required legend must appear on the practitioner's screen. The

practitioner must take a specific overt action to include the "brand medically

necessary" language with the electronic transmission. The pharmacist shall note the

instructions on the file copy of the prescription, or maintain the digital record as

transmitted if it is an electronic prescription. A reminder legend must be placed on all

prescription forms or appear on the computer screen of the electronic prescribing

system. The legend must state "In order to require that a brand name product be

dispensed, the practitioner must handwrite the words 'brand medically necessary'.".

The legend printed on the prescription form or appearing on the prescriber's computer

screen must be in at least six-point uppercase print or font. The pharmacist may not

substitute a generic name drug product unless its price to the purchaser is less than

the price of the prescribed drug product. In addition, a pharmacist may not substitute

drug products in the following dosage forms: enteric coated tablets, controlled release

products, injectable suspensions other than antibiotics, suppositories containing active

ingredients for which systemic absorption is necessary for therapeutic activity, and

different delivery systems for aerosol and nebulizer drugs. In the event that any drug

listed above is, subsequent to January 1, 1982, determined to be therapeutically

equivalent, then the previously mentioned substitution ban is automatically removed

for that drug. The pharmacist shall inform the person receiving the drug when a

prescription for a brand name drug product does not require that the prescribed drug

be dispensed and of the person's right to refuse a generic name drug product selected

by the pharmacist. The pharmacy file copy of every prescription must include the

brand name, if any, or the name of the manufacturer, packer, or distributor of the

generic name drug dispensed. A pharmacist who selects and dispenses a

therapeutically equivalent generic name drug product shall assume no greater liability

for selecting the dispensed drug product than would be incurred in filling a prescription

for a drug product prescribed by its generic name. The practitioner is not liable for the

substitution made by a pharmacist.

4. In the case of a prescription for which a maximum allowable cost program for

purposes of reimbursement has been established under title XIX of the federal Social

Security Act, the following also apply:

a. If the practitioner has instructed the pharmacist to dispense as written, the words

"brand medically necessary" must also be written on the prescription in the

practitioner's own handwriting, or appear as part of the electronic prescription as

noted in subsection 3. The pharmacist may dispense a therapeutically equivalent

generic name drug product if this handwritten or electronic instruction does not

appear on the prescription.

b. If the pharmacist is instructed orally to dispense a brand name drug as

prescribed, the pharmacist shall reduce the prescription to writing and shall note

the instructions on the file copy of the prescription.

c. If the practitioner has not instructed the pharmacist to dispense a brand name

drug or medicine and the patient specifically requests a brand name drug or

medicine, the patient shall pay the difference between the price to the patient of

the brand name drug or medicine and the therapeutically equivalent generic

name drug or medicine if the price of the brand name drug or medicine is higher.

5. A pharmacist may not select and dispense a different drug product for a prescribed

drug product unless it has been manufactured with the following minimum

manufacturing standards and practices by a manufacturer who:

a. Marks capsules and tablets with identification code or monogram.

b. Labels products with their expiration date.

c. Provides reasonable services to accept return goods that have reached their

expiration date.

d. Provides the pharmacist with information from which it can be determined

whether a drug product is therapeutically equivalent.

e. Maintains recall capabilities for unsafe or defective drugs.

6. No prescription drug in solid dosage form may be manufactured or distributed in this

state unless it is clearly marked or imprinted with a code imprint identifying the drug

and the manufacturer or distributor of the drug.

7. All manufacturers and distributors of prescription drugs in solid dosage form shall

provide to the department or state board of pharmacy, upon request, a listing of all

such prescription drugs identifying by code imprint the manufacturer and the specific

type of drug. The listing must at all times be kept current by all manufacturers and

distributors subject to the provisions of this section.

8. The state board of pharmacy may grant exemptions from the requirements of this

section upon application by any drug manufacturer or distributor which shows size,

physical characteristics, or other unique characteristics of a drug that render the use of

a code imprint on the drug impracticable or impossible. Any exemption granted by the

state board of pharmacy must be included by the manufacturer or distributor in the

listing required by this section. The listing must describe the physical characteristics

and type of drug to which the exemption relates.

9. All prescription drugs in solid dosage form that are possessed, distributed, sold, or

offered for sale in violation of the provisions of this section must be deemed

misbranded and must be seized by the department or state board of pharmacy.
N.D. Cent. Code § 19-01-05 — ND Code / Title 19 / Chapter 19-01 / Section 19-01-05
19-01-05. Sheriff as local inspector - Compensation, duties
Status: repealed

19-01-05. Sheriff as local inspector - Compensation, duties

Repealed by S.L. 2013, ch. 179, § 2.
N.D. Cent. Code § 19-03.1-07 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-07
19-03.1-07. Schedule II
Status: in_force

19-03.1-07. Schedule II

1. The controlled substances listed in this section are included in schedule II.

2. Schedule II 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. Substances, vegetable origin or chemical synthesis. Unless specifically excepted or

unless listed in another schedule, any of the following substances whether produced

directly or indirectly by extraction from substances of vegetable origin, or

independently by means of chemical synthesis, or by a combination of extraction and

chemical synthesis:

a. Opium and opiate, and any salt, compound, derivative, or preparation of opium or

opiate, excluding apomorphine, thebaine-derived butorphanol, dextrorphan,

nalbuphine, naldemedine, nalmefene, naloxegol, naloxone, 6 beta-naltrexol,

naltrexone, and samidorphan and their respective salts, but including the

following:

(1) Codeine.

(2) Dihydroetorphine.

(3) Ethylmorphine.

(4) Etorphine hydrochloride.

(5) Granulated opium.

(6) Hydrocodone.

(7) Hydromorphone.

(8) Metopon.

(9) Morphine.

(10) Noroxymorphone.

(11) Opium extracts.

(12) Opium fluid.

(13) Oripavine.

(14) Oxycodone.

(15) Oxymorphone.

(16) Powder opium.

(17) Raw opium.

(18) Thebaine.

(19) Tincture of opium.

b. Any salt, compound, derivative, or preparation thereof which is chemically

equivalent or identical with any of the substances referred to in subdivision a, 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,

except that the nondosage substances must include 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 phenanthrine alkaloids of the opium

poppy).

4. Opiates. Unless specifically excepted or unless in another schedule, any of the

following opiates, including their isomers, 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, dextrophan and levopropoxyphene

excepted:

a. Alfentanil.

b. Alphaprodine.

c. Anileridine.

d. Bezitramide.

e. Bulk dextropropoxyphene (nondosage forms).

f. Carfentanil.

g. Dihydrocodeine.

h. Diphenoxylate.

i. Fentanyl.

j. Isomethadone.

k. Levo-alphaacetylmethadol (LAAM).

l. Levomethorphan.

m. Levorphanol.

n. Metazocine.

o. Methadone.

p. Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane.

q. Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic

acid.

r. Oliceridine (N-[(3-methoxythiophen-2-yl)methyl] ({2-[(9R)-9-(pyridin-2-yl)-6-

oxaspiro [4.5]decan-9-yl]ethyl})amine fumarate).

s. Pethidine (also known as meperidine).

t. Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine.

u. Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate.

v. Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid.

w. Phenazocine.

x. Priminodine.

y. Racemethorphan.

z. Racemorphan.

aa. Remifentanil.

bb. Sufentanil.

cc. Tapentadol.

dd. Thiafentanil.

5. Stimulants. Unless specifically excepted or unless listed in another schedule, any

material, compound, mixture, or preparation which contains any quantity of the

following substances having a stimulant effect on the central nervous system:

a. Amphetamine, its salts, optical isomers, and salts of its optical isomers.

b. Lisdexamfetamine, its salts, isomers, and salts of isomers.

c. Methamphetamine, its salts, isomers, and salts of isomers.

d. Phenmetrazine and its salts.

e. Methylphenidate.

6. Depressants. Unless specifically excepted or unless listed in another schedule, any

material, compound, mixture, or preparation which contains any quantity of the

following substances having a depressant effect on the central nervous system,

including its salts, isomers, and salts of isomers whenever the existence of such salts,

isomers, and salts of isomers is possible within the specific chemical designation:

a. Amobarbital.

b. Glutethimide.

c. Pentobarbital.

d. Phencyclidine.

e. Secobarbital.

7. Hallucinogenic substances.

a. Nabilone [another name for nabilone (±)-trans-3-(1, 1-dimethylheptyl)-6, 6a, 7, 8,

10, 10a-hexahydro-1-hydroxy-6, 6-dimethyl-9Hdibenzo [b, d] pyran-9-one].

b. Dronabinol [(-)-delta-9-trans tetrahydrocannabinol] in an oral solution in a drug

product approved for marketing by the federal food and drug administration.

8. Immediate precursors. Unless specifically excepted or unless listed in another

schedule, any material, compound, mixture, or preparation that contains 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 (PCP):

(1) 1-phenylcyclohexylamine.

(2) 1-piperidinocyclohexanecarbonitrile (PCC).

c. Immediate precursors to fentanyl:

(1) 4-anilino-N-phenethylpiperidine (ANPP).

(2) N-phenyl-N-(piperidin-4-yl)propionamide (norfentanyl).
N.D. Cent. Code § 19-02.1-06 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-06
19-02.1-06. Prosecutions - State's attorney
Status: in_force

19-02.1-06. Prosecutions - State's attorney

It is the duty of each state's attorney, to whom the department or state board of pharmacy

reports any violation of this chapter occurring in the state's attorney's county, to cause

appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted

in the manner required by law.
N.D. Cent. Code § 19-03.1-32 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-32
19-03.1-32. Powers of enforcement personnel - Search warrants
Status: in_force

19-03.1-32. Powers of enforcement personnel - Search warrants

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 summonses issued under the authority of this state.

c. Make arrests without warrant for any offense under this chapter committed in the

officer's presence, or if the officer has probable cause to believe that the person

to be arrested has committed or is committing a violation of this chapter which

may constitute a felony.

d. Make seizures of property pursuant to this chapter.

e. Perform other law enforcement duties as the attorney general designates.

2. A search warrant relating to offenses involving controlled substances may be issued

and executed at any time of the day or night, if the judge or magistrate issuing the

warrant so specifies in the warrant.

3. Any officer authorized to execute a search warrant, without notice of the officer's

authority and purpose, may break open an outer or inner door or window of a building,

or any part of the building, or anything therein, if the judge or magistrate issuing the

warrant has probable cause to believe that if such notice were to be given the property

sought in the case may be easily and quickly destroyed or disposed of, or that danger

to the life or limb of the officer or another may result, and has included in the warrant a

direction that the officer executing it is not required to give such notice. Any officers

acting under such warrant, as soon as practicable after entering the premises, shall

identify themselves and state the purpose of entering the premises and the authority

for doing so.
N.D. Cent. Code § 19-03.1-33 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-33
19-03.1-33. Administrative inspections and warrants
Status: in_force

19-03.1-33. Administrative inspections and warrants

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 authorized by this chapter or rules

hereunder and seizures of property appropriate to the inspections. For purposes

of the issuance of administrative inspection warrants, probable cause exists upon

showing a valid public interest in the effective enforcement of this chapter or rules

thereunder, sufficient to justify administrative inspection of the area, premises,

building, or conveyance in the circumstances specified in the application for the

warrant.

b. A warrant may issue only upon an affidavit of a designated officer or employee

having knowledge of the facts alleged, sworn to before the judge or magistrate

and establishing the grounds for issuing the warrant. If the judge or magistrate is

satisfied that grounds for the application exist or that there is probable cause to

believe they exist, the judge or magistrate shall issue a warrant identifying the

area, premises, building, or conveyance to be inspected, the purpose of the

inspection, and, if appropriate, the type of property to be inspected, if any. The

warrant must:

(1) State the grounds for its issuance and the name of each person whose

affidavit has been taken in support thereof;

(2) Be directed to a person authorized to execute it;

(3) Command the person to whom it is directed to inspect the area, premises,

building, or conveyance identified for the purpose specified and, if

appropriate, direct the seizure of the property specified;

(4) Identify the item or types of property to be seized, if any; and

(5) Direct that it be served during normal business hours and designate the

judge or magistrate to whom it shall be returned.

c. A warrant issued pursuant to this section must be executed and returned within

ten days of its date unless, upon a showing of a need for additional time, the

court orders otherwise. If property is seized pursuant to a warrant, a copy must

be given to the person from whom or from whose premises the property is taken,

together with a receipt for the property taken. The return of the warrant must be

made promptly, accompanied by a written inventory of any property taken. The

inventory must be made in the presence of the person executing the warrant and

of the person from whose possession or premises the property was taken, if

present, or in the presence of at least one credible person other than the person

executing the warrant. A copy of the inventory must be delivered to the person

from whom or from whose premises the property was taken and to the applicant

for the warrant.

d. The judge or magistrate who has issued a warrant shall attach thereto a copy of

the return and all papers returnable in connection therewith and file them with the

clerk of the district court for the county in which the inspection was made.

2. The board may make administrative inspections of controlled premises in accordance

with the following provisions:

a. For purposes of this section only, "controlled premises" means:

(1) Places where persons registered or exempted from registration

requirements under this chapter are required to keep records; and

(2) Places, including factories, warehouses, establishments, and conveyances

in which persons registered or exempted from registration requirements

under this chapter are permitted to hold, manufacture, compound, process,

sell, deliver, or otherwise dispose of any controlled substance.

b. When authorized by an administrative inspection warrant issued pursuant to

subsection 1, an officer or employee designated by the board, upon presenting

the warrant and appropriate credentials to the owner, operator, or agent in

charge, may enter controlled premises for the purpose of conducting an

administrative inspection.

c. When authorized by an administrative inspection warrant, an officer or employee

designated by the board may:

(1) Inspect and copy records required by this chapter to be kept;

(2) Inspect, within reasonable limits and in a reasonable manner, controlled

premises and all pertinent equipment, finished and unfinished material,

containers and labeling found therein, and, except as provided in

subdivision e, all other things therein, including records, files, papers,

processes, controls, and facilities bearing on violation of this chapter; and

(3) Inventory any stock of any controlled substance therein and obtain samples

thereof.

d. This section does not prevent the inspection without a warrant of books and

records pursuant to an administrative subpoena issued in accordance with

section 28-32-33, nor does it prevent entries and administrative inspections,

including seizures of property, without a warrant:

(1) If the owner, operator, or agent in charge of the controlled premises

consents;

(2) In situations presenting imminent danger to health or safety;

(3) In situations involving inspection of conveyances if there is reasonable

cause to believe that the mobility of the conveyance makes it impracticable

to obtain a warrant;

(4) In any other exceptional emergency circumstances in which time or

opportunity to apply for a warrant is lacking; or

(5) In all other situations in which a warrant is not constitutionally required.

e. An inspection authorized by this section may not extend to financial data, sales

data, other than shipment data, or pricing data unless the owner, operator, or

agent in charge of the controlled premises consents in writing.
N.D. Cent. Code § 19-03.5-07 — ND Code / Title 19 / Chapter 19-03.5 / Section 19-03.5-07
19-03.5-07. Advisory council
Status: in_force

19-03.5-07. Advisory council

1. An advisory council is established to advise and make recommendations to the board

regarding how to best use the program to improve patient care and foster the goal of

reducing misuse, abuse, and diversion of controlled substances; to encourage

cooperation and coordination among state, local, and federal agencies and other

states to reduce the misuse, abuse, and diversion of controlled substances; and to

provide advice and recommendations to the board regarding any other matters as

requested by the board. The advisory council may have access to central repository

information to fulfill its duties.

2. The advisory council must consist of:

a. One dispenser selected by the board;

b. One physician selected by the North Dakota medical association;

c. One prescriber selected by the board of nursing;

d. A designee of the attorney general;

e. A designee of the department;

f. One prescriber selected by the North Dakota board of medicine;

g. One prescriber selected by the North Dakota nurses association; and

h. Any other prescriber or dispenser determined by the board to be necessary to

meet a mandate of, or avoid a delay in implementing, an appropriations measure.

The number of additional members selected by the board must be limited to the

number necessary to meet the mandate or avoid the delay of an appropriation.

3. The advisory council shall make recommendations to the board regarding:

a. Safeguards for the release of information to individuals who have access to the

information contained in the central repository;

b. The confidentiality of program information and the integrity of the patient's

relationship with the patient's health care provider;

c. Advancing the purposes of the program, including enhancement of the quality of

health care delivery in this state; and

d. The continued benefits of maintaining the program in relationship to the cost and

other burdens to the state.

4. The board may provide reimbursement of expenses and per diem to members of the

advisory council within the limits provided in state law.