reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 3A - Assistants to Physcians Authority to Prescribe Controlled Substances. › Section 20-2-66 - Disciplinary Action - Judicial Review.

Section 20-2-66
Disciplinary action - Judicial review.
(a) An assistant to physician adversely affected by an order of the board denying an application for a Qualified Alabama Controlled Substances Registration Certificate or the renewal of a Qualified Alabama Controlled Substances Registration Certificate may obtain judicial review thereof by filing a written petition for review with the Circuit Court of Montgomery County in accordance with Section 41-22-20.
(b) An assistant to physician adversely affected by an order of the board suspending, revoking, or restricting a Qualified Alabama Controlled Substances Registration Certificate, whether or not such suspension, revocation, or restriction is limited; assessing an administrative fine; or denying reinstatement of a Qualified Alabama Controlled Substances Registration Certificate, may obtain judicial review thereof by filing a written petition for review with the Circuit Court of Montgomery County in accordance with Section 41-22-20.
(c) The following procedures shall take precedence over subsection (c) of Section 41-22-20 relating to the issuance of a stay of any order of the board suspending, revoking, or restricting a Qualified Alabama Controlled Substances Registration Certificate. The suspension, revocation, or restriction of a Qualified Alabama Controlled Substances Registration Certificate shall be given immediate effect and no stay or supersedeas shall be granted pending judicial review of a decision by the board to suspend, revoke, or restrict a Qualified Alabama Controlled Substances Registration Certificate unless a reviewing court, upon proof by the party seeking judicial review, finds in writing that the action of the board was taken without statutory authority, was arbitrary or capricious or constituted a gross abuse of discretion.
(d) From the judgment of the circuit court, either the board or the affected party who invoked judicial review may obtain a review of any final judgment of the circuit court under Section 41-22-21. No security shall be required of the board.
(Act 2009-489, p. 891, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 3A - Assistants to Physcians Authority to Prescribe Controlled Substances. › Section 20-2-67 - Fees; Costs; Administrative Fines.

Section 20-2-67
Fees; costs; administrative fines.
(a) The board is authorized to charge and collect fees to defray expenses incurred in the registration and issuance of Qualified Alabama Controlled Substances Registration Certificates and the administration of the provisions of this article. The types and amounts of fees shall be established in rules adopted by the board. The fees shall be retained by the board and may be expended for the general operation of the board.
(b) The board may require an assistant to physician who has been found to be in violation of Section 20-2-64 or whose application for a Qualified Alabama Controlled Substances Registration Certificate or its renewal or reinstatement has been denied, to pay the administrative costs, fees, and expenses of the board incurred in connection with any proceedings before the board referred to in Section 20-2-65 or in connection with any investigation of the board to determine eligibility of an applicant for a Qualified Alabama Controlled Substances Registration Certificate including, but not limited to, the actual costs of independent medical review and expert testimony, fees, and expenses paid to outside counsel by the board, deposition, costs, travel expenses for board staff, charges incurred for obtaining documentary evidence, and such other categories of expenses as may be prescribed in rules published by the board. Payment of any such costs, fees, or expenses ordered by the board shall be made and enforced in the same manner as an administrative fine.
(c) Any administrative fine assessed by the board shall be paid to the board and shall not exceed the amount of one thousand dollars ($1,000) for each violation of any of the provisions of Section 20-2-64, or any rule or regulation promulgated by the board. Any administrative fine collected by the board may be expended for the general operation of the board.
(Act 2009-489, p. 891, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 3A - Assistants to Physcians Authority to Prescribe Controlled Substances. › Section 20-2-68 - Liability for Actions Regarding Investigations or Disciplinary Proceedings.

Section 20-2-68
Liability for actions regarding investigations or disciplinary proceedings.
Any member of the board, any agent, employee, consultant, or attorney of the board, any person making any report or rendering any opinion or supplying any evidence or information or offering any testimony to the board in connection with any investigation or hearing conducted by the board as authorized in this article, shall be immune from any lawsuit or legal proceeding for any conduct in the course of his or her official duties with respect to such investigations or hearings.
(Act 2009-489, p. 891, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 3A - Assistants to Physcians Authority to Prescribe Controlled Substances. › Section 20-2-69 - Promulgation of Rules.

Section 20-2-69
Promulgation of rules.
The board may adopt rules necessary to carry out the intent, purposes, and provisions of this article.
(Act 2009-489, p. 891, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 4 - Offenses and Penalties. › Section 20-2-71 - Prohibited Acts B.

Section 20-2-71
Prohibited acts B.
(a) It is unlawful for any person:
(1) To knowingly or intentionally distribute or dispense a controlled substance in violation of Section 20-2-58;
(2) Who is a registrant to manufacture a controlled substance not authorized by his or her registration or to distribute or dispense a controlled substance not authorized by his or her registration to another registrant or other authorized person;
(3) To refuse or fail to make, keep, or furnish any record, notification, order form, statement, invoice, or information required under this chapter; provided, however, that upon the first conviction of a violator under this provision the violator shall be guilty of a Class A misdemeanor. Subsequent convictions shall subject the violator to the felony penalty provision set forth in subsection (b);
(4) To refuse an entry into any premises for any inspection authorized by this chapter; or
(5) To knowingly keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place which is resorted to by persons using controlled substances in violation of this chapter for the purpose of using these substances or which is used for keeping or selling them in violation of this chapter.
(b) Any person who violates this section is guilty of a Class B felony.
(Acts 1971, No. 1407, p. 2378, §402; Acts 1987, No. 87-603, p. 1047, §6; Act 2019-537, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 4 - Offenses and Penalties. › Section 20-2-72 - Prohibited Acts C.

Section 20-2-72
Prohibited acts C.
(a) It is unlawful for any person:
(1) To distribute as a registrant a controlled substance classified in Schedules I or II, except pursuant to an order form as required by Section 20-2-57;
(2) To use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended, or issued to another person;
(3) To acquire or obtain possession of a controlled substance or a precursor chemical enumerated in Section 20-2-181 by misrepresentation, fraud, forgery, deception, or subterfuge;
(4) To furnish false or fraudulent material information in or omit any material information from any application, report, or other document required to be kept or filed under this chapter or any record required to be kept by this chapter; or
(5) To make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance.
(b) Any person who violates this section is guilty of a Class B felony, except that any person who violates subdivision (a)(3) of this section is guilty of a Class C felony.
(Acts 1971, No. 1407, p. 2378, §403; Acts 1987, No. 87-603, p. 1047, §7; Act 2012-237, p. 445, §2.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 4 - Offenses and Penalties. › Section 20-2-74 - Prescription, Administration, etc., of Controlled Substances by Practitioners of Veterinary Medicine for Use of Human Beings or by Practitioners of Dentistry for Persons Not Under Treatment in Regular Practice of Profession.

Section 20-2-74
Prescription, administration, etc., of controlled substances by practitioners of veterinary medicine for use of human beings or by practitioners of dentistry for persons not under treatment in regular practice of profession.
(a) It shall be unlawful for any practitioner of dentistry to prescribe, administer, or dispense any controlled substance enumerated in Schedules I through V for any person not under his treatment in his regular practice of his profession or for any practitioner of veterinary medicine to prescribe, administer, or dispense any controlled substance enumerated in Schedules I through V for the use of human beings; provided, however, that the provisions of this section shall be construed not to prevent any lawfully authorized practitioner of medicine from furnishing or prescribing in good faith for the use of any habitual user of substances enumerated in Schedules I through V who is under his professional care such substances as he may deem necessary for their treatment, when such prescriptions are not given or substances furnished for the purpose of maintaining addiction or abuse.
(b) Any person who violates this section shall be guilty of a Class B felony.
(Acts 1971, No. 1407, p. 2378, §505; Acts 1987, No. 87-603, p. 1047, §9.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 4 - Offenses and Penalties. › Section 20-2-78 - Penalties Imposed for Violations of Chapter in Addition to Other Civil or Administrative Penalties or Sanctions.

Section 20-2-78
Penalties imposed for violations of chapter in addition to other civil or administrative penalties or sanctions.
Any penalty imposed for violation of this chapter is in addition to and not in lieu of any civil or administrative penalty or sanction otherwise authorized by law.
(Acts 1971, No. 1407, p. 2378, §404.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 5 - Enforcement. › Section 20-2-90 - State Board of Pharmacy, Alabama State Law Enforcement Agency, etc., to Enforce Chapter; Drug Inspectors to Meet Minimum Standards.

Section 20-2-90
State Board of Pharmacy, Alabama State Law Enforcement Agency, etc., to enforce chapter; drug inspectors to meet minimum standards.
(a) The State Board of Pharmacy and its drug investigators shall enforce this chapter. The agents and officers of the Alabama State Law Enforcement Agency, the drug and narcotic agents and inspectors of the State Board of Health, the investigators of the State Board of Medical Examiners, the investigators of the Board of Dental Examiners, and all peace officers of the state and all prosecuting attorneys are also charged with the enforcement of this chapter. The agents and officers of the Alabama State Law Enforcement Agency, the drug investigators of the State Board of Pharmacy, the investigators of the State Board of Medical Examiners, the investigators of the Board of Dental Examiners, and the drug and narcotic agents and inspectors of the State Board of Health shall have the powers of peace officers in the performance of their duties to:
(1) Make arrests without warrant for any offense under this chapter committed in their presence, or if they have 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.
(2) Make seizures of property pursuant to this chapter.
(3) Carry firearms in the performance of their official duties.
(b) In addition to the requirements of subsection (a), drug investigators of the State Board of Pharmacy shall, beginning October 1, 1993, meet the minimum standards required of peace officers in this state.
(Acts 1971, No. 1407, p. 2378, §501; Acts 1981, No. 81-657, p. 1073; Acts 1987, No. 87-578, p. 923, §1; Acts 1993, No. 93-671, p. 1209, §3; Act 2017-422, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 5 - Enforcement. › Section 20-2-91 - Inspection of Stocks of Controlled Substances and Prescriptions, Orders, etc., Required by Chapter; Disclosure of Information as to Prescriptions, Orders, etc., by Enforcement Personnel.

Section 20-2-91
Inspection of stocks of controlled substances and prescriptions, orders, etc., required by chapter; disclosure of information as to prescriptions, orders, etc., by enforcement personnel.
(a) Prescriptions, orders, and records required by this chapter and stocks of controlled substances enumerated in Schedules I, II, III, IV, and V shall be open for inspection only to federal, state, county, and municipal officers, the investigators of the Board of Dental Examiners, and the agents and officers of the Alabama State Law Enforcement Agency whose duty it is to enforce the laws of this state or of the United States relating to controlled substances.
(b) No officer having knowledge by virtue of his office of any such prescription, order, or record shall divulge such knowledge, except in connection with a prosecution or proceeding in court or before a licensing board or officer, to which prosecution or proceeding the person to whom such prescriptions, orders, or records relate is a party.
(Acts 1971, No. 1407, p. 2378, §502; Acts 1987, No. 87-578, p. 923, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 5 - Enforcement. › Section 20-2-92 - Injunctions.

Section 20-2-92
Injunctions.
(a) The circuit courts of this state have jurisdiction to restrain or enjoin violations of this chapter.
(b) The defendant may demand trial by jury for an alleged violation of an injunction or temporary restraining order under this section.
(Acts 1971, No. 1407, p. 2378, §503.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 6 - Therapeutic Research. › Section 20-2-110 - Short Title.

Section 20-2-110
Short title.
This article shall be known as the "Controlled Substances Therapeutic Research Act."
(Acts 1979, No. 79-472, p. 870, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 6 - Therapeutic Research. › Section 20-2-111 - Legislative Findings; Cannabis Research.

Section 20-2-111
Legislative findings; cannabis research.
The Legislature finds that recent research has shown that the use of cannabis may alleviate nausea and ill-effects of cancer chemotherapy, and may alleviate the ill-effects of glaucoma. The Legislature further finds that there is a need for further research and experimentation with regard to the use of cannabis under strictly controlled circumstances. It is for these purposes that the Controlled Substances Therapeutic Research Act is hereby established.
(Acts 1979, No. 79-472, p. 870, §2.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 6 - Therapeutic Research. › Section 20-2-112 - Definitions.

Section 20-2-112
Definitions.
As used in this article the following words, unless the context clearly indicates the contrary, shall have the following meanings:
(1) CONTROLLED SUBSTANCE. The same as is defined in subdivision (5) of Section 20-2-2, as amended;
(2) CANNABIS. The same as those substances defined in subdivision (15) of Section 20-2-2, as amended, and particularly those substances defined as tetrahydrocannabinols, or a chemical derivative thereof;
(3) PRACTITIONER A physician licensed to practice medicine in this state and particularly as herein enumerated.
(Acts 1979, No. 79-472, p. 870, §3.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 6 - Therapeutic Research. › Section 20-2-113 - Controlled Substances Therapeutic Research Program - Established; Review Committee; Rules and Regulations; Formulation With Federal Agencies.

Section 20-2-113
Controlled Substances Therapeutic Research Program - Established; review committee; rules and regulations; formulation with federal agencies.
There is hereby established by the State Board of Medical Examiners the Controlled Substances Therapeutic Research Program. The board shall administer the program by a review committee. The board shall promulgate such rules and regulations as are necessary for the proper administration and implementation of the program. Such promulgations shall be formulated to consider those pertinent rules and regulations promulgated by the Federal Drug Enforcement Agency, Food and Drug Administration and the National Institute on Drug Abuse.
(Acts 1979, No. 79-472, p. 870, §4.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 6 - Therapeutic Research. › Section 20-2-114 - Controlled Substances Therapeutic Research Program - Limited to Cancer Chemotherapy and Glaucoma Patients; Certification; Exemption From Prosecution.

Section 20-2-114
Controlled Substances Therapeutic Research Program - Limited to cancer chemotherapy and glaucoma patients; certification; exemption from prosecution.
Except as herein otherwise provided, the Controlled Substances Therapeutic Research Program shall be limited to cancer chemotherapy patients and glaucoma patients, who are certified to the review committee by an authorized practitioner as being in such medical condition necessary for the treatment of glaucoma, or the side effects of chemotherapy in cancer patients; such authorization shall be upon such terms and conditions as may be consistent with the public health and safety. To the extent of the applicable authorization, persons are exempt from prosecution in this state for possession, production, manufacture, or delivery of cannabis.
(Acts 1979, No. 79-472, p. 870, §5.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 6 - Therapeutic Research. › Section 20-2-115 - Composition of Review Committee.

Section 20-2-115
Composition of review committee.
The review committee shall consist of: (a) one physician licensed to practice medicine in this state and certified by the American Board of Ophthalmology; (b) one physician licensed to practice medicine in this state, certified by the American Board of Internal Medicine and also certified in the subspecialty of medical oncology; (c) one physician licensed to practice medicine in this state, certified in the specialty of pediatrics and also certified in the subspecialty of pediatrics oncology; (d) one physician licensed to practice medicine in this state, certified in the specialty of gynecology and also certified in the subspecialty of gynecological oncology; (e) one physician licensed to practice medicine in this state, certified in the specialty of radiology and also certified in the subspecialty of radiation oncology; and (f) the director of the Comprehensive Cancer Center of the University of Alabama in Birmingham.
(Acts 1979, No. 79-472, p. 870, §6.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 6 - Therapeutic Research. › Section 20-2-116 - Certification in Subspecialty of Oncology Required; Certification by State Board of Medical Examiners; Recertification.

Section 20-2-116
Certification in subspecialty of oncology required; certification by State Board of Medical Examiners; recertification.
Only physicians in the practice of medicine as prescribed in Section 20-2-115 and specifically certified by the State Board of Medical Examiners to dispense cannabis under the provisions of this article, shall be practitioners hereunder. Each practitioner shall make application for recertification every three years.
(Acts 1979, No. 79-472, p. 870, §7; Acts 1981, No. 81-506, p. 869, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 6 - Therapeutic Research. › Section 20-2-117 - Contracts for Receipt of Cannabis; Board of Medical Examiners to Promulgate Guidelines, Rules and Regulations.

Section 20-2-117
Contracts for receipt of cannabis; Board of Medical Examiners to promulgate guidelines, rules and regulations.
The State Board of Medical Examiners may apply to contract with the National Institute of Drug Abuse for receipt of cannabis pursuant to the regulations promulgated by the National Institute on Drug Abuse, the Food and Drug Administration, and the Drug Enforcement Administration. The board may formulate and promulgate such guidelines as are necessary for dispensing cannabis consistent with the public health and safety and under strictly controlled circumstances. The board further may establish the rules and regulations requiring accurate reporting and accountability by each practitioner to the board and any federal agency as required by law.
(Acts 1979, No. 79-472, p. 870, §8; Acts 1981, No. 81-506, p. 869, §2.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 6 - Therapeutic Research. › Section 20-2-118 - Annual Reports to Governor and Legislature.

Section 20-2-118
Annual reports to Governor and Legislature.
Each year, on or before the fifth day of the Regular Session of the Legislature the State Board of Medical Examiners, in conjunction with the board's review committee, shall report their findings and recommendations to the Governor, the President of the Senate, and the Speaker of the House of Representatives, regarding the effectiveness of the controlled substances.
(Acts 1979, No. 79-472, p. 870, §9.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 6 - Therapeutic Research. › Section 20-2-119 - Enumeration as Schedule I or Ii Substance Inapplicable.

Section 20-2-119
Enumeration as Schedule I or II substance inapplicable.
The enumeration of cannabis, tetrahydrocannabinols or a chemical derivative thereof as a Schedule I or II controlled substance under Article 2 of Chapter 2 of Title 20, as amended, does not apply to the use of such drugs or chemical derivatives thereof pursuant to the provisions of this article.
(Acts 1979, No. 79-472, p. 870, §10.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 6 - Therapeutic Research. › Section 20-2-120 - Penalties.

Section 20-2-120
Penalties.
Any person or any practitioner who prescribes or dispenses cannabis or any of its derivatives for reasons other than outlined in this article upon conviction thereof shall be guilty of a felony and shall be punished as provided in Section 13A-12-211.
(Acts 1979, No. 79-472, p. 870, §11.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 7 - Imitation Controlled Substances. › Section 20-2-140 - Short Title.

Section 20-2-140
Short title.
This article shall be known and may be cited as the Imitation Controlled Substances Act.
(Acts 1982, No. 82-426, p. 670, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 7 - Imitation Controlled Substances. › Section 20-2-141 - Definitions.

Section 20-2-141
Definitions.
As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) CONTROLLED SUBSTANCE. A substance as defined in Section 20-2-2.
(2) IMITATION CONTROLLED SUBSTANCE. A substance, other than a legend controlled drug, that is not a controlled substance, which by dosage unit appearance (including color, size, shape, and markings), and by representations made, would lead a reasonable person to believe that the substance is a controlled substance. In the cases where the appearance of the dosage unit is not reasonably sufficient to establish that the substance is an "imitation controlled substance" (for example as in the case of a powder or liquid), the court or authority concerned should consider, in addition to all other logically relevant factors, the following factors as related to "representations made" in determining whether the substance is an "imitation controlled substance":
a. Statements made by the owner or anyone else in control of the substance concerning the nature of the substance, its use or effect.
b. Statements made to the recipient that the substance may be resold for an inordinate profit.
c. Whether the substance is packaged in a manner normally used for illicit controlled substances.
d. Evasive tactics or actions utilized by the owner or person in control of this substance to avoid detection by law enforcement authorities.
e. Prior convictions, if any, of an owner or anyone in control of the substance, under state or federal law related to controlled substances or fraud.
f. The proximity of the substances to controlled substances.
(3) DISTRIBUTE. The actual, constructive, or attempted transfer, delivery, or dispensing to another of an imitation controlled substance.
(4) MANUFACTURE. The production, preparation, compounding, processing, encapsulating, packaging, or repackaging, labeling, or relabeling of an imitation controlled substance.
(Acts 1982, No. 82-426, p. 670, §2; Acts 1983, 2nd Ex. Sess., No. 83-131, p. 137, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 7 - Imitation Controlled Substances. › Section 20-2-142 - Legislative Intent.

Section 20-2-142
Legislative intent.
It is the intent of the Legislature to remove the merchandising of the "imitation controlled substance" or "lookalike drug" from the street corners, school yards, and campuses of our state, not to interfere with the legitimate distribution of "over the counter" formulations used for the treatment of illness dispensed or sold by licensed practitioners.
(Acts 1982, No. 82-426, p. 670, §6.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 7 - Imitation Controlled Substances. › Section 20-2-143 - Manufacture, Distribution, Possession, or Advertisement of Imitation Controlled Substances Prohibited; Penalties; Immunity of Certain Persons From Liability.

Section 20-2-143
Manufacture, distribution, possession, or advertisement of imitation controlled substances prohibited; penalties; immunity of certain persons from liability.
(a) Manufacture or distribution. It is unlawful for any person to manufacture, distribute, or possess with intent to distribute or sell an imitation controlled substance. Any person who violates this subsection shall be guilty of a Class A misdemeanor under Title 13A.
(b) Distribution to a minor. Any person 18 years of age or older who violates subsection (a) of this section by distributing or selling an imitation controlled substance to a person under 18 years of age shall be guilty of a Class C felony under Title 13A.
(c) Possession. It is unlawful for any person to use or possess with intent to use, an imitation controlled substance. Any person who violates this subsection shall be guilty of a Class C misdemeanor under Title 13A.
(d) Advertisement. It is unlawful for any 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 or sale of an imitation controlled substance. Any person who violates this subsection shall be guilty of a Class B misdemeanor under Title 13A.
(e) Immunity. No civil or criminal liability shall be imposed by virtue of this article on any person registered under Chapter 2 of Title 20 who manufactures, distributes, or possesses a placebo, or investigational new drug in the course of professional practice or research.
(Acts 1982, No. 82-426, p. 670, §3.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 7 - Imitation Controlled Substances. › Section 20-2-144 - Exceptions.

Section 20-2-144
Exceptions.
Nothing in this article shall apply to a noncontrolled substance that was initially introduced into commerce prior to the initial introduction into commerce of the controlled substance which it is alleged to imitate.
(Acts 1982, No. 82-426, p. 670, §7.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 9 - Precursor Chemicals. › Section 20-2-180 - Definitions.

Section 20-2-180
Definitions.
As used in this article and unless otherwise specified, the following terms are defined as follows:
(1) BOARD or BOARD OF PHARMACY. The Alabama State Board of Pharmacy.
(2) LISTED PRECURSOR CHEMICAL. A chemical substance specifically designated as such by the Alabama State Board of Pharmacy, that, in addition to legitimate uses, is used in the unlawful manufacture of a controlled substance or controlled substances.
(3) PERSON. Any individual, corporation, partnership, association, or other entity which manufactures, sells, transfers, or possesses a listed precursor chemical.
(Acts 1991, No. 91-589, p. 1085, §1; Act 2001-971, 3rd Sp. Sess., p. 873, §2.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 9 - Precursor Chemicals. › Section 20-2-182 - License Required for Furnishing Listed Precursor Chemical; Licensing Procedure; Record of Transactions.

Section 20-2-182
License required for furnishing listed precursor chemical; licensing procedure; record of transactions.
(a) A manufacturer, wholesaler, retailer, or other person who sells, transfers, manufactures, purchases for resale, or otherwise furnishes any listed precursor chemical defined in Section 20-2-181 must first obtain on a biennial basis a license issued by the Board of Pharmacy upon payment of a fee as prescribed by rule of the board to the secretary of the board. Licenses shall be issued biennially beginning in 2010. All licenses shall expire on December 31 of even-numbered years. Every holder of such a license in order to continue to be licensed shall pay a biennial renewal fee to be prescribed by rule of the board. The renewal fee shall be due on October 31 and shall be delinquent after December 31 of even-numbered years. The payment of the renewal fee shall entitle the holder thereof to renewal of his or her license at the discretion of the board. If any holder of such license fails to pay the renewal fee on or before the due date, the license may be reinstated only upon payment of a penalty of ten dollars ($10) for each lapsed month as prescribed by rule of the board.
(b) The procedure for obtaining a license to sell, transfer, manufacture, purchase for resale, or otherwise furnish a listed precursor chemical shall be as follows:
(1) Obtain an application from the Board of Pharmacy;
(2) Submit the application to the Board of Pharmacy;
(3) Demonstrate a legitimate reason to sell, transfer, or otherwise furnish listed precursor chemicals.
(c) The content of the application for a license shall include, but not be limited to, the following information:
(1) Name of business;
(2) Address of business other than a post office box number;
(3) Phone number of business;
(4) Names and addresses of business owners;
(5) Location of storage facility;
(6) Identification of listed precursor chemicals to be sold; and
(7) Criminal history of applicant.
(d) A licensee shall make an accurate and legible record of any transaction of listed precursor chemicals and maintain such record together with the following records for a period of at least two years:
(1) Inventory on hand;
(2) Purchase receipts;
(3) Manufacturing records including the date and quantity of any listed precursor chemicals manufactured, the quantity of listed precursor chemicals used in manufacturing any other substance or product, and the inventory on hand of listed precursor chemicals after the manufacturing of any other substance or product;
(4) Copies of the Board of Pharmacy licenses or permits;
(5) Records of substance disposal.
(Acts 1991, No. 91-589, p. 1085, §3; Act 2009-576, p. 1688, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 9 - Precursor Chemicals. › Section 20-2-183 - Permit for Possession; Requirements to Receive Permit; Copies.

Section 20-2-183
Permit for possession; requirements to receive permit; copies.
(a) Any person having a legitimate need for using a listed precursor chemical defined in Section 20-2-181, shall apply in person to the Board of Pharmacy for a permit to possess such chemical each time said chemical is obtained.
(b) The following must be submitted in person to the Board of Pharmacy to receive a permit for possession of listed precursor chemicals:
(1) A driver's license number or other personal identification certificate number, date of birth, residential or mailing address, other than a post office box number, and a driver's license or personal identification card issued by the Alabama State Law Enforcement Agency which contains a photograph of the recipient;
(2) In the event the applicant is a corporation, the information in this section shall be required of the person making application for the permit. In addition, the person making application for the permit on behalf of a corporation shall disclose his relationship to the corporation;
(3) The make, model, model year, state where licensed, and license number of the motor vehicle owned and operated by the recipient;
(4) The serial number of the permit issued in the name of the recipient by the Board of Pharmacy pursuant to this section, which shall be obtained from personal observation of the permit;
(5) A complete description of how the chemical is to be used; and
(6) The location where the chemical is to be stored and used.
(c) The permit shall consist of three parts, including:
(1) The original to be retained by the Board of Pharmacy;
(2) A copy to be retained by the manufacturer, wholesaler, retailer, or other person furnishing listed precursor chemicals; and
(3) A copy to be attached to the container of the listed precursor chemical and to be kept with the chemicals at all times.
(Acts 1991, No. 91-589, p. 1085, §4.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 9 - Precursor Chemicals. › Section 20-2-184 - Denial, Suspension or Revocation of License.

Section 20-2-184
Denial, suspension or revocation of license.
A license or permit, obtained pursuant to Section 20-2-182 or 20-2-183, shall be denied, suspended, or revoked by the Board of Pharmacy upon finding that the license or permit holder has:
(1) Furnished false or fraudulent material information in any application filed under this article;
(2) Been convicted of a crime under any state or federal law relating to any controlled substance;
(3) Had his federal registration suspended or revoked to manufacture, distribute, or dispense controlled substances;
(4) Violated the provisions of Chapter 23 of Title 34; or
(5) Failed to maintain effective controls against the diversion of said precursors to unauthorized persons or entities.
(Acts 1991, No. 91-589, p. 1085, §5.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 9 - Precursor Chemicals. › Section 20-2-185 - Reporting Transactions - Board to Supply Form.

Section 20-2-185
Reporting transactions - Board to supply form.
(a) Any person who sells, transfers, purchases for resale, or otherwise furnishes to a person in this state a listed precursor chemical shall submit a report of the transaction on a form obtained from the Board of Pharmacy that includes the information required by Section 20-2-183.
(b) The Board of Pharmacy shall supply, upon the request of any manufacturer, wholesaler, retailer, or other person who sells, transfers, purchases for resale, or otherwise furnishes a listed precursor chemical a form for the submission of:
(1) The report required by subsection (a);
(2) The name and measured amount of the listed precursor chemical delivered;
(3) Such other information as the board may require pursuant to agency rule of the Board of Pharmacy.
(Acts 1991, No. 91-589, p. 1085, §6.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 9 - Precursor Chemicals. › Section 20-2-186 - Procedure Upon Discovery of Loss or Theft of Chemicals - Records - Audits and Inspections of Records.

Section 20-2-186
Procedure upon discovery of loss or theft of chemicals - Records - Audits and inspections of records.
(a) Any person, licensed or permitted, who discovers a loss or theft of, or disposes of a chemical listed in Section 20-2-181 shall:
(1) Submit a report of the loss, theft, or disposal to the Board of Pharmacy no later than the third business day after the date the manufacturer, wholesaler, retailer, or other person discovers the loss or theft, or after the actual disposal; and
(2) Include the amount of loss, theft, or disposal in the report. Any disposal of listed precursor chemicals must be done in accordance with the rules and regulations of the United States Environmental Protection Administration and shall be performed at the expense of the permit or license holder.
(b) A manufacturer, wholesaler, retailer, or other person who sells, transfers, possesses, uses, or otherwise furnishes any listed precursor chemical shall:
(1) Maintain records as specified in Section 20-2-182, or as prescribed by the rule of the Board of Pharmacy;
(2) Permit law enforcement authorities to conduct on-site audits, inspections or inventories, and inspect all records made in accordance with this article at any reasonable time; and
(3) Cooperate with the audit, inspection or inventory, or copying of any records.
(Acts 1991, No. 91-589, p. 1085, §7.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 9 - Precursor Chemicals. › Section 20-2-187 - Adoption of Rules; Administrative Fees Authorized.

Section 20-2-187
Adoption of rules; administrative fees authorized.
The Board of Pharmacy may adopt reasonable rules to effectuate the provisions of this article. The board is further authorized to charge reasonable fees to defray expenses incurred in issuing any licenses or permits or maintaining any records or forms required by this article and in the administration of the provisions of this article. Any fees to defray expenses as set forth above or in administering the provisions of this article shall be retained by the Board of Pharmacy.
(Acts 1991, No. 91-589, p. 1085, §8.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 9 - Precursor Chemicals. › Section 20-2-188 - Exceptions to Requirements for Sale or Transfer of Chemicals, and to Licensing Requirements.

Section 20-2-188
Exceptions to requirements for sale or transfer of chemicals, and to licensing requirements.
(a) The provisions of this article shall not apply to the sale or transfer of products which include a listed precursor chemical if the product may be sold lawfully with a prescription or over the counter without a prescription under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.), or under a rule adopted pursuant to that act.
(b) Notwithstanding any other provision of this article, no person shall be required to obtain a listed precursor license or permit for the sale, receipt, transfer, manufacture, or possession of a listed precursor chemical when:
(1) Such person is a duly licensed physician, dentist, veterinarian, podiatrist, or pharmacist, when the sale, receipt, transfer, manufacture, or possession of such listed precursor chemical is a transaction otherwise lawfully authorized;
(2) A domestic lawful distribution in the usual course of business between agents or employees of a single regulated person;
(3) A delivery of a listed precursor chemical to or by a common or contract carrier for carriage in the lawful and usual course of the business of the common or contract carrier or to or by a warehouseman for storage in the lawful and usual course of the business of the warehouseman.
(Acts 1991, No. 91-589, p. 1085, §9.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 9 - Precursor Chemicals. › Section 20-2-189 - Property Rights in Chemicals Forfeited Upon Violation.

Section 20-2-189
Property rights in chemicals forfeited upon violation.
All listed precursor chemicals as defined in Section 20-2-181, which have been, or which are intended to be sold, transferred, manufactured, purchased for resale, possessed, or otherwise transferred in violation of a provision of this article shall be subject to forfeiture to the state and no property right shall exist in them.
(Acts 1991, No. 91-589, p. 1085, §10.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 9 - Precursor Chemicals. › Section 20-2-190.1 - Legislative Intent.

Section 20-2-190.1
Legislative intent.
(a) The Legislature finds the following:
(1) The danger of methamphetamine manufacture to the public and especially to law enforcement involved in the investigation and clean-up of clandestine methamphetamine laboratories is of paramount concern.
(2) Ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers are the essential ingredient in the manufacture of methamphetamine.
(b) It is the intent of the Legislature to prevent and criminally sanction the practice of smurfing. Smurfing is the common name for the act of a person within the state or from other states, acting alone or in concert, at the direction or behest of another to circumvent the provisions of state law by purchasing multiple quantities of pseudoephedrine and ephedrine compounds for the intent of combining or using such quantities for the purposes of manufacturing or attempting to manufacture methamphetamine.
(Act 2012-237, p. 445, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 10 - Controlled Substances Prescription Database. › Section 20-2-210 - Legislative Findings.

Section 20-2-210
Legislative findings.
The Alabama Legislature hereby finds that the diversion, abuse, and misuse of prescription medications classified as controlled substances under the Alabama Uniform Controlled Substances Act constitutes a serious threat to the health and welfare of the citizens of the State of Alabama. The Legislature further finds that establishment of a controlled substances prescription database to monitor the prescribing and dispensing of controlled substances will materially assist state regulators and practitioners authorized to prescribe and dispense controlled substances in the prevention of diversion, abuse, and misuse of controlled substances prescription medication through the provision of education and information, early intervention, and prevention of diversion, and investigation and enforcement of existing laws governing the use of controlled substances.
(Act 2004-443, p. 781, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 10 - Controlled Substances Prescription Database. › Section 20-2-211 - Definitions.

Section 20-2-211
Definitions.
For the purposes of this article, the following terms shall have the respective meanings ascribed by this section:
(1) CERTIFYING BOARDS. Those boards designated in subdivision (3) of Section 20-2-2.
(2) CONTROLLED SUBSTANCE. Any drug or medication defined as a controlled substance within the meaning of subdivision (4) of Section 20-2-2.
(3) DEPARTMENT. The Alabama Department of Public Health.
(4) LICENSING BOARD OR COMMISSION. The board, commission, or other entity that is authorized to issue a professional license to a pharmacist or an authorized practitioner.
(5) PHARMACIST. Any person, as defined in subdivision (17) of Section 34-23-1, licensed by the Alabama State Board of Pharmacy or otherwise permitted by Alabama or federal law to practice the profession of pharmacy within this state.
(6) PHARMACY. A retail establishment, as defined in subdivision (18) of Section 34-23-1, licensed by the Alabama State Board of Pharmacy.
(7) PRACTITIONER or AUTHORIZED PRACTITIONER. A medical, dental, podiatric, or optometric practitioner licensed, registered, or otherwise authorized by Alabama or federal law to prescribe, dispense, or furnish controlled substances within this state.
(8) STATE HEALTH OFFICER. The executive officer of the Alabama Department of Public Health as designated in Section 22-2-8.
(Act 2004-443, p. 781, §2; Act 2018-146, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 10 - Controlled Substances Prescription Database. › Section 20-2-215 - Confidentiality of Database.

Section 20-2-215
Confidentiality of database.
(a) The controlled substances database and all information contained therein and any records maintained by the department or by any entity contracting with the department which is submitted to, maintained, or stored as a part of the controlled substances prescription database, and any reproduction or copy of that information is declared privileged and confidential, is not a public record, and is not subject to subpoena or discovery in civil proceedings. This information is considered clinical in nature, subject to medical interpretation, and may only be used for any of the following:
(1) Investigatory or evidentiary purposes related to violations of state or federal law.
(2) Regulatory activities of licensing or regulatory boards of practitioners authorized to prescribe or dispense controlled substances.
(3) Informing pharmacists and practitioners in prescribing or dispensing controlled substances.
(4) Bona fide statistical, research, or educational purposes when information is properly de-identified as provided in this article.
(b) Nothing in this section shall apply to records not originating from the controlled substances database that are created or maintained in the regular course of business of a pharmacy, medical, dental, optometric, or veterinary practitioner, or other entity covered by this article and all information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any civil proceedings merely because such information contained in those records was reported to the controlled substances prescription database in accordance with the provisions of this article.
(Act 2004-443, p. 781, §6; Act 2013-256, p. 666, §1; Act 2018-146, §1.)