An Act Regarding Possession of Prescription Drugs
Maine Legislature, Session 122, LD 0630
Committee: Health and Human Services
Sponsors: BISHOP, MAYO, BARSTOW, GLYNN, JACOBSEN
Amends: 22 MRSA §2383-B

Legislative Document 
No. 630 
H.P.463 
House of Representatives, February 8, 2005 
An Act Regarding Possession of Prescription Drugs 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative BISHOP of Boothbay. 
Cosponsored by Senator MAYO of Sagadahoc and 
7I'l~ 1/7. 7T/0£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BARSTOW of Gorham, GLYNN of South Portland, JACOBSEN of 
Waterboro, McKANE of Newcastle. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §2383-B, sub-§I, as amended by PL 1999, c. 
127, Pt. A, §35, is further amended to read: 
1. 
Lawfully prescribed drugs. 
A person to whom or for 
whose use any scheduled 
drugT---tH"-e-&<l-t"-i-pt-i~-e.Etll3 or controlled 
substance has been prescribed, sold or dispensed for a legitimate 
medical purpose by a physician, dentist, podiatrist, pharmacist 
or other person acting in the 
usual 
course 
of 
professional 
practice and authorized by law or rule to do so and the owner or 
the person having the custody or control of any animal for which 
any scheduled drug, prescription drug or controlled substance has 
been prescribed, sold or dispensed for a legitimate veterinary 
medical purpose by a licensed veterinarian acting in the usual 
course of professional veterinary practice may lawfully possess 
the drug or substance, except when in use, only in the container 
in which it was delivered by the person selling or dispensing the 
drug or substance. 
Sec. 2. 22 MRSA §2383-B, sub-§2, ~E, as amended by PL 1997, c. 
340, §5, is further amended to read: 
E. 
Physicians, dentists, podiatrists, pharmacists or other 
persons authorized by law or rule to administer, dispense, 
prescribe 
or 
sell 
scheduled 
or 
prescription 
drugs, 
controlled substances or hypodermic apparatuses while acting 
within the course of their professional practice; ane. 
Sec. 3. 22 MRSA §2383-B, sub-§2, F, as enacted by PL 1997, c. 
340, §5, is amended to read: 
F. 
Wi th 
regard 
to 
the 
possession 
or 
furnishing 
of 
hypodermic apparatuses, persons authorized by the Bureau of 
Health pursuant to a hypodermic apparatus exchange program, 
certified under chapter 252-A while acting within the scope 
of their employment under such programsT; and 
Sec. 4. 22 MRSA §2383-B, sub-§2, ~G is enacted to read: 
G. 
Close family members of or other persons authorized by a 
person lawfully in possession of the drug or controlled 
substance if the family member or authorized person is in 
possession of 
the 
drug or controlled substance 
for 
the 
purpose of assisting in filling a prescription, preparing 
the drug or substance to be administered or administering 
the drug or substance. 
Page l-LR0375(1) 
SUMMARY 
This bill allows a prescription drug prescribed for a person 
to be kept outside of the container in which it was dispensed. 
The bill allows close family members and other persons authorized 
by 
a 
person 
lawfully 
in 
possession 
of 
a 
drug, 
controlled 
substance 
or 
hypodermic 
apparatus 
to 
assist 
in 
filling 
a 
prescription, preparing the drug or substance for administration 
or administering the drug or substance.