reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 3. Drugs and Devices › 50-31-305. When drug or device adulterated

50-31-305. When drug or device adulterated.
A drug or device shall be deemed to be adulterated if it:
(1) consists in whole or in part of any filthy, putrid, or decomposed substance;
(2) has been produced, prepared, packed, or held under unsanitary conditions whereby it may have been contaminated with filth or rendered injurious to health;
(3) is a drug and the methods used in or the facilities or controls used for its manufacture, processing, packing, or holding do not conform to or are not operated or administered in conformity with current good manufacturing practice to assure that such drug meets the requirements of this chapter as to safety and has the identity and strength and meets the quality and purity characteristics which it purports or is represented to possess;
(4) is a drug and its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health;
(5) is a drug and it bears or contains, for purposes of coloring only, a color additive which is unsafe within the meaning of the federal act or it is a color additive, the intended use of which in or on drugs is for purposes of coloring only, and is unsafe within the meaning of the federal act;
(6) purports to be or is represented as a drug, the name of which is recognized in an official compendium, and its strength differs from or its quality or purity falls below the standard set forth in such compendium. Such determination as to strength, quality, or purity shall be made in accordance with the tests or methods of assay set forth in such compendium or, in the absence of or inadequacy of such tests or methods of assay, those prescribed under authority of the federal act. No drug defined in an official compendium shall be deemed to be adulterated under this subsection because it differs from the standard of strength, quality, or purity therefor set forth in such compendium if its difference in strength, quality, or purity from such standard is plainly stated on its label.
(7) is not subject to the provisions of subsection (6) of this section and its strength differs from or its purity or quality falls below that which it purports or is represented to possess; or
(8) is a drug and any substance has been:
(a) mixed or packed therewith so as to reduce its quality or strength; or
(b) substituted wholly or in part therefor.
History: En. Sec. 14, Ch. 307, L. 1967; R.C.M. 1947, 27-714; amd. Sec. 11, Ch. 37, L. 1979.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 3. Drugs and Devices › 50-31-307. Dispensing of prescription drugs

50-31-307. Dispensing of prescription drugs.
(1) A drug intended for use by humans that is included in one of the categories in subsection (2) may be dispensed only if a practitioner licensed by law to administer or prescribe the drug:
(a) provides a written prescription;
(b) transmits the prescription directly to the pharmacy by electronic means or directly dispenses the drug pursuant to 37-2-104;
(c) provides an oral prescription that is reduced promptly to writing and filed by the pharmacist or practitioner, if the practitioner dispenses the drug; or
(d) authorizes the refilling of a written, electronic, or oral prescription either in the original prescription or by an oral order that is reduced promptly to writing and filed by the pharmacist or practitioner, if the practitioner fills the prescription.
(2) A drug must be dispensed as provided in subsection (1) if the drug:
(a) is a habit-forming drug to which 50-31-306(1)(d) applies;
(b) because of its toxicity or other potentiality for harmful effect, 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 licensed by law to administer or prescribe the drug; or
(c) is limited by an approved application under section 505 of the federal act (21 U.S.C. 355) or 50-31-311 to use under the professional supervision of a practitioner licensed by law to administer or prescribe the drug.
(3) If the drug is a factory prepackaged contraceptive, other than mifepristone, it may be dispensed as provided in subsection (1) or by a registered nurse employed by a family planning clinic under contract with the department of public health and human services pursuant to a physician's written protocol specifying the circumstances under which dispensing is appropriate and pursuant to the board of pharmacy's rules concerning labeling, storage, and recordkeeping of drugs.
(4) The act of dispensing a drug contrary to the provisions of this section is considered an act that results in a drug being misbranded while held for sale.
History: En. Sec. 16, Ch. 307, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-716(a); amd. Sec. 3, Ch. 472, L. 1989; amd. Sec. 130, Ch. 418, L. 1995; amd. Sec. 308, Ch. 546, L. 1995; amd. Sec. 215, Ch. 42, L. 1997; amd. Sec. 3, Ch. 125, L. 2007; amd. Sec. 1, Ch. 206, L. 2015; amd. Sec. 4, Ch. 454, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 3. Drugs and Devices › 50-31-308. Prescription drugs exempt from certain provisions of chapter

50-31-308. Prescription drugs exempt from certain provisions of chapter.
(1) Any drug dispensed by filling or refilling a written, electronic, or oral prescription of a practitioner licensed by law to administer or prescribe the drug is exempt from the requirements of 50-31-306, except subsections (1)(a), (1)(j), (1)(k), (1)(m), (1)(n), and the packaging requirements of subsections (1)(g) and (1)(h), if the drug bears a label containing:
(a) the name and address of the dispenser;
(b) the serial number and date of the prescription or the date it was filled;
(c) the name of the prescriber; and
(d) if stated in the prescription, the name of the patient and the directions for use and cautionary statements, if any, contained in the prescription.
(2) 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 to a drug dispensed in violation of 50-31-307.
History: En. Sec. 16, Ch. 307, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-716(b); amd. Sec. 2, Ch. 206, L. 2015.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 3. Drugs and Devices › 50-31-309. Removal of drugs from prescription requirement

50-31-309. Removal of drugs from prescription requirement.
The department may by regulation remove drugs subject to 50-31-306(1)(d) and 50-31-311 from the requirements of 50-31-307 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 50-31-307.
History: En. Sec. 16, Ch. 307, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-716(c).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 3. Drugs and Devices › 50-31-310. Narcotic and marijuana laws not affected

50-31-310. Narcotic and marijuana laws not affected.
Nothing in 50-31-306(2), 50-31-307, 50-31-308, or 50-31-309 shall 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, marijuana, or synthetic cannabinoids, as defined in the applicable federal and state laws relating to narcotic drugs, marijuana, and synthetic cannabinoids.
History: En. Sec. 16, Ch. 307, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-716(e); amd. Sec. 6, Ch. 156, L. 2011.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 3. Drugs and Devices › 50-31-311. New drug application required

50-31-311. New drug application required.
(1) Except as provided in Title 50, chapter 42, a person may not sell, deliver, offer for sale, hold for sale, or give away any new drug unless:
(a) an application with respect to the drug has been approved and the approval has not been withdrawn under section 505 of the federal act (21 U.S.C. 355); or
(b) when not subject to the federal act, the 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 of the drug and, prior to selling or offering for sale the drug, there has been filed with the department an application setting forth:
(i) full reports of investigations that have been made to show whether or not the drug is safe for use and whether the drug is effective in use;
(ii) a full list of the articles used as components of the drug;
(iii) a full statement of the composition of the drug;
(iv) a full description of the methods used in, and the facilities and controls used for, the manufacture, processing, and packing of the drug;
(v) samples of the drug and of the articles used as components of the drug that the department may require; and
(vi) specimens of the labeling proposed to be used for the drug.
(2) An application provided for in subsection (1)(b) becomes effective on the 180th day after the filing of the application. However, 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 of the drug, 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.
History: En. Sec. 17, Ch. 307, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-717(a) thru (c); amd. Sec. 1, Ch. 333, L. 1981; amd. Sec. 216, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 3. Drugs and Devices › 50-31-312. Exemptions from new drug application requirement

50-31-312. Exemptions from new drug application requirement.
(1) Section 50-31-311 does not apply to:
(a) 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 (21 U.S.C. 355(i) or 357(d));
(b) 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) any drug that is manufactured by an establishment licensed under 42 U.S.C. 262; or
(d) any drug that is subject to 50-31-306(1)(n).
(2) The provisions of 50-31-103(24) do not apply to any drug, when the drug is intended solely for use under conditions prescribed, recommended, or suggested in labeling with respect to the drug, that on October 9, 1962, or on the date immediately preceding July 1, 1967:
(a) was commercially sold or used in this state or in the United States;
(b) was not a new drug as defined by 50-31-103(24) as then in force; and
(c) was not covered by an effective application under 50-31-311 or under section 505 of the federal act (21 U.S.C. 355).
History: En. Sec. 17, Ch. 307, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-717(d), (e); amd. Sec. 2, Ch. 456, L. 1979; amd. Sec. 7, Ch. 169, L. 1989; amd. Sec. 217, Ch. 42, L. 1997; amd. Sec. 4, Ch. 373, L. 2003; amd. Sec. 5, Ch. 186, L. 2019.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 3. Drugs and Devices › 50-31-313. Code imprint required on legend drugs

50-31-313. Code imprint required on legend drugs.
No legend 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.
History: En. Sec. 2, Ch. 95, L. 1981.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 3. Drugs and Devices › 50-31-314. Exemptions from code imprint requirement

50-31-314. Exemptions from code imprint requirement.
The board of pharmacy may grant exemptions from the requirements of 50-31-313 and 50-31-315 upon a showing by a drug manufacturer or distributor that size, physical characteristics, or other compelling reasons render application of a code imprint on a legend drug subject to the provisions of 50-31-313 impractical or impossible. Any exemption granted must be included in the list required by 50-31-315 and must describe the physical characteristics and type of drug covered by the exemption.
History: En. Sec. 3, Ch. 95, L. 1981; amd. Sec. 1, Ch. 247, L. 1983.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 3. Drugs and Devices › 50-31-315. List of code imprints to be provided

50-31-315. List of code imprints to be provided.
Upon request of the board of pharmacy, all manufacturers and distributors of legend drugs in solid dosage form who produce or distribute legend drugs in Montana must provide and keep current a list of those drugs, which list identifies the manufacturer and the specific type of each drug by code imprint.
History: En. Sec. 4, Ch. 95, L. 1981; amd. Sec. 1, Ch. 247, L. 1983.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 4. Cosmetics › 50-31-401. When cosmetic adulterated

50-31-401. When cosmetic adulterated.
A cosmetic shall be deemed to be adulterated if:
(1) it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual;
(2) it consists in whole or in part of any filthy, putrid, or decomposed substance;
(3) it has been produced, prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth or rendered injurious to health;
(4) its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health;
(5) it is not a hair dye and it is or it bears or contains a color additive which is unsafe within the meaning of the federal act.
History: En. Sec. 18, Ch. 307, L. 1967; R.C.M. 1947, 27-718(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 4. Cosmetics › 50-31-402. When cosmetic misbranded

50-31-402. When cosmetic misbranded.
A cosmetic shall be deemed to be misbranded if:
(1) its labeling is false or misleading in any particular;
(2) in package form unless it bears a label containing:
(a) the name and place of business of the manufacturer, packer, or distributor; and
(b) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided that reasonable variations shall be permitted and exemptions as to small packages shall be established by regulations prescribed by the department;
(3) any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
(4) its container is so made, formed, or filled as to be misleading;
(5) it is a color additive, unless its packaging and labeling are in conformity with such packaging and labeling requirements applicable to such color additive prescribed under the provisions of the federal act.
History: En. Sec. 19, Ch. 307, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-719(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 4. Cosmetics › 50-31-403. Exceptions for hair dyes

50-31-403. Exceptions for hair dyes.
(1) Section 50-31-401 shall not apply to coal tar hair dye, the label of which bears the following legend conspicuously displayed thereon: "Caution--This product contains ingredients which may cause skin irritation on certain individuals, and a preliminary test according to accompanying directions should first be made. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness", and the labeling of which bears adequate directions for such preliminary testing.
(2) Section 50-31-402(5) shall not apply to packages of color additives which, with respect to their use for cosmetics, are marketed and intended for use only in or on hair dyes (as defined in 50-31-404).
History: (1)En. Sec. 18, Ch. 307, L. 1967; Sec. 27-718, R.C.M. 1947; (2)En. Sec. 19, Ch. 307, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; Sec. 27-719, R.C.M. 1947; R.C.M. 1947, 27-718(part), 27-719(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 4. Cosmetics › 50-31-404. Term hair dye not to include eyelash or eyebrow dyes

50-31-404. Term hair dye not to include eyelash or eyebrow dyes.
For the purpose of 50-31-401(5) and 50-31-403, the term "hair dye" shall not include eyelash dyes or eyebrow dyes.
History: En. Sec. 18, Ch. 307, L. 1967; R.C.M. 1947, 27-718(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 5. Prohibited Acts, Penalties, and Remedies › 50-31-502. Unlawful labeling of products resembling honey

50-31-502. Unlawful labeling of products resembling honey.
It is unlawful for any person to sell or offer for sale any product which is in semblance of honey and which is labeled, advertised, or otherwise represented to be honey if it is not honey.
History: En. Sec. 3, Ch. 307, L. 1967; amd. Sec. 2, Ch. 171, L. 1971; amd. Sec. 2, Ch. 114, L. 1974; amd. Sec. 9, Ch. 403, L. 1977; R.C.M. 1947, 27-703(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 5. Prohibited Acts, Penalties, and Remedies › 50-31-503. Prosecution of minor violations not required

50-31-503. Prosecution of minor violations not required.
Nothing in this chapter shall be construed as requiring the department to report for the institution of proceedings under this chapter minor violations of this chapter whenever the department believes that the public interest will be adequately served in the circumstances by a suitable written notice of warning.
History: En. Sec. 8, Ch. 307, L. 1967; R.C.M. 1947, 27-708.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 5. Prohibited Acts, Penalties, and Remedies › 50-31-504. Notice and hearing required prior to prosecution

50-31-504. Notice and hearing required prior to prosecution.
Before a violation of this chapter is reported to a state or county attorney for the institution of a criminal proceeding, the person against whom the proceeding is contemplated must be given appropriate notice and an opportunity to present the person's views before the department or its designated agent, either orally or in writing and either in person or by attorney, with regard to the contemplated proceeding.
History: En. Sec. 7, Ch. 307, L. 1967; amd. Sec. 2, Ch. 187, L. 1977; R.C.M. 1947, 27-707(part); amd. Sec. 1843, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 5. Prohibited Acts, Penalties, and Remedies › 50-31-505. Duty of state or county attorneys to prosecute

50-31-505. Duty of state or county attorneys to prosecute.
Each state attorney or county attorney to whom the department reports a violation of this chapter shall cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law.
History: En. Sec. 7, Ch. 307, L. 1967; amd. Sec. 2, Ch. 187, L. 1977; R.C.M. 1947, 27-707(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 5. Prohibited Acts, Penalties, and Remedies › 50-31-506. Penalties

50-31-506. Penalties.
(1) Any person who violates any of the provisions of 50-31-204, 50-31-208, 50-31-313, 50-31-315, 50-31-501, or 50-31-502 is guilty of a misdemeanor and shall on conviction thereof be subject to imprisonment for not more than 3 months, a fine of not more than $250, or both such imprisonment and fine.
(2) If the violation is committed after a conviction of such person under this section has become final, such person shall be subject to imprisonment for not more than 6 months, a fine of not more than $500, or both such imprisonment and fine.
History: En. Sec. 5, Ch. 307, L. 1967; R.C.M. 1947, 27-705(a); amd. Sec. 3, Ch. 456, L. 1979; amd. Sec. 5, Ch. 95, L. 1981.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 5. Prohibited Acts, Penalties, and Remedies › 50-31-507. Exceptions to penalties

50-31-507. Exceptions to penalties.
(1) A person is not subject to the penalties of 50-31-506 for having violated 50-31-501(1) or (3) if the person establishes a guaranty or undertaking signed by and containing the name and address of the person residing in the state of Montana from whom the person received in good faith the article to the effect that the article is not adulterated or misbranded within the meaning of this chapter, designating this chapter.
(2) The publisher, radiobroadcast 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, is not liable under 50-31-506 by reason of the dissemination by the person of the 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 Montana who causes the person to disseminate the advertisement.
History: En. Sec. 5, Ch. 307, L. 1967; R.C.M. 1947, 27-705(b), (c); amd. Sec. 1844, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 5. Prohibited Acts, Penalties, and Remedies › 50-31-508. Injunction to restrain prohibited acts

50-31-508. Injunction to restrain prohibited acts.
In addition to the remedies hereinafter provided, the department is hereby authorized to apply to district court for and such court shall have jurisdiction upon hearing and for cause shown to grant a temporary or permanent injunction restraining any person from violating any provision of 50-31-204, 50-31-208, 50-31-501, or 50-31-502, irrespective of whether or not there exists an adequate remedy at law.
History: En. Sec. 4, Ch. 307, L. 1967; R.C.M. 1947, 27-704; amd. Sec. 4, Ch. 456, L. 1979.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 5. Prohibited Acts, Penalties, and Remedies › 50-31-510. Condemnation of perishables

50-31-510. Condemnation of perishables.
Whenever the department or any of its authorized agents find in any room, building, vehicle of transportation, or other structure any meat, seafood, poultry, vegetable, fruit, or other perishable article which is unsound or contains any filthy, decomposed, or putrid substance or that may be poisonous or deleterious to health or otherwise unsafe, the article being hereby declared to be a nuisance, the department or its authorized agent shall immediately condemn or destroy the article or in any other manner render the article unsalable as human food.
History: En. Sec. 6, Ch. 307, L. 1967; amd. Sec. 1, Ch. 187, L. 1977; R.C.M. 1947, 27-706(4).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 1. General Provisions › 50-32-102. Uniformity of construction

50-32-102. Uniformity of construction.
This chapter shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among those other states which enact it.
History: En. Sec. 28, Ch. 412, L. 1973; R.C.M. 1947, 54-326.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 1. General Provisions › 50-32-103. Board to administer chapter

50-32-103. Board to administer chapter.
(1) The board shall administer this chapter and may add drugs to or delete or reschedule all drugs enumerated in the schedules in 50-32-222, 50-32-224, 50-32-226, 50-32-229, or 50-32-232 pursuant to the rulemaking procedures of the Montana Administrative Procedure Act.
(2) The board shall promulgate rules for its administration which are not inconsistent with this chapter and specifically shall levy and the department shall collect reasonable registration fees relating to the registration and control of the manufacture, distribution, and dispensing of dangerous drugs within the state. The maximum fee for any registration shall not exceed $100 per year.
History: En. Secs. 2, 15, Ch. 412, L. 1973; amd. Secs. 2, 5, Ch. 350, L. 1974; R.C.M. 1947, 54-302(part), 54-315.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 1. General Provisions › 50-32-104. Board's authority limited

50-32-104. Board's authority limited.
Authority to control under 50-32-103 does not extend to distilled spirits, liquor, wine, malt beverages, beer, porter, ale, stout, or tobacco.
History: En. Sec. 2, Ch. 412, L. 1973; amd. Sec. 2, Ch. 350, L. 1974; R.C.M. 1947, 54-302(5).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 1. General Provisions › 50-32-105. Board to conduct educational programs

50-32-105. Board to conduct educational programs.
(1) The board shall carry out educational programs designed to prevent and deter misuse and abuse of dangerous drugs.
(2) In connection with these programs, it may:
(a) promote better recognition of the problems of misuse and abuse of dangerous drugs within the regulated industry and among interested groups and organizations;
(b) assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of dangerous drugs;
(c) consult with interested groups and organizations to aid them in solving administrative and organizational problems;
(d) evaluate procedures, projects, techniques, and controls conducted or proposed as part of educational programs on misuse and abuse of dangerous drugs;
(e) disseminate the results of research on misuse and abuse of dangerous drugs to promote a better public understanding of what problems exist and what can be done to combat them; and
(f) assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of dangerous drugs.
History: En. Sec. 23, Ch. 412, L. 1973; amd. Sec. 11, Ch. 350, L. 1974; R.C.M. 1947, 54-323(1).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 1. General Provisions › 50-32-106. Board to encourage research

50-32-106. Board to encourage research.
(1) The board shall encourage research on misuse and abuse of dangerous drugs.
(2) In connection with the research and in furtherance of the enforcement of this chapter, it may:
(a) establish methods to assess accurately the effects of dangerous drugs and identify and characterize those with potential for abuse;
(b) make studies and undertake programs of research to:
(i) develop new or improved approaches, techniques, systems, equipment, and devices to strengthen the enforcement of this chapter;
(ii) determine patterns of misuse and abuse of dangerous drugs and the social effects thereof; and
(iii) improve methods for preventing, predicting, understanding, and dealing with the misuse and abuse of dangerous drugs; and
(c) request the department to enter into contracts with public agencies, institutions of higher education, and private organizations or individuals for the purpose of conducting research, demonstrations, or special projects which bear directly on misuse and abuse of dangerous drugs.
(3) The board may authorize persons engaged in research on the use and effects of dangerous drugs to withhold the names and other identifying characteristics of individuals who are the subjects of the research. Persons who obtain this authorization are not compelled in any civil, criminal, administrative, legislative, or other proceeding to identify the individuals who are the subjects of research for which the authorization was obtained.
(4) The board may authorize the possession and distribution of dangerous drugs by persons engaged in research. Persons who obtain this authorization are exempt from state prosecution for possession and distribution of dangerous drugs to the extent of the authorization.
History: En. Sec. 23, Ch. 412, L. 1973; amd. Sec. 11, Ch. 350, L. 1974; R.C.M. 1947, 54-323(2) thru (4).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 2. Scheduling of Dangerous Drugs › 50-32-201. General criteria to be considered

50-32-201. General criteria to be considered.
In making a determination regarding a drug, the board shall consider the following:
(1) the actual or relative potential for abuse;
(2) the scientific evidence of its pharmacological effect, if known;
(3) the state of current scientific knowledge regarding the drug;
(4) the history and current pattern of abuse;
(5) the scope, duration, and significance of abuse;
(6) the risk to the public health;
(7) the potential of the drug to produce psychic or physiological dependence liability; and
(8) whether the drug is an immediate precursor of a drug already controlled under this chapter.
History: En. Sec. 2, Ch. 412, L. 1973; amd. Sec. 2, Ch. 350, L. 1974; R.C.M. 1947, 54-302(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 2. Scheduling of Dangerous Drugs › 50-32-202. Designation of drug as dangerous drug

50-32-202. Designation of drug as dangerous drug.
After considering the factors enumerated in 50-32-201, the board shall make findings with respect thereto, and if it finds the drug has a potential for abuse, it shall designate such drug a dangerous drug in the manner set forth in the Montana Administrative Procedure Act.
History: En. Sec. 2, Ch. 412, L. 1973; amd. Sec. 2, Ch. 350, L. 1974; R.C.M. 1947, 54-302(2).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 2. Scheduling of Dangerous Drugs › 50-32-203. Effect of rescheduling under federal law

50-32-203. Effect of rescheduling under federal law.
If any drug is designated, rescheduled, or deleted as a "controlled substance" under federal law and notice thereof is given to the board, the board shall similarly control the drug under this chapter after the expiration of 30 days from publication in the Federal Register of a final order designating a drug as a "controlled substance" or rescheduling or deleting a drug unless, within that 30-day period, the board objects to inclusion, rescheduling, or deletion. In that case, the board shall cause the reasons for objection to be published and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the department shall publish the board's decision which shall be final unless altered thereafter by the board or by statute. Upon publication of objection to inclusion, rescheduling, or deletion under this chapter by the board, control under this chapter is stayed until the board's decision is published.
History: En. Sec. 2, Ch. 412, L. 1973; amd. Sec. 2, Ch. 350, L. 1974; R.C.M. 1947, 54-302(4).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 2. Scheduling of Dangerous Drugs › 50-32-204. Immediate precursors

50-32-204. Immediate precursors.
If the board designates a drug as an immediate precursor, drugs which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.
History: En. Sec. 2, Ch. 412, L. 1973; amd. Sec. 2, Ch. 350, L. 1974; R.C.M. 1947, 54-302(3).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 2. Scheduling of Dangerous Drugs › 50-32-205. Nonprescription drugs not to be scheduled

50-32-205. Nonprescription drugs not to be scheduled.
The board shall exclude any nonnarcotic drug from a schedule if the drug may, under the Federal Food, Drug, and Cosmetic Act, be lawfully sold over the counter without a prescription.
History: En. Sec. 2, Ch. 412, L. 1973; amd. Sec. 2, Ch. 350, L. 1974; R.C.M. 1947, 54-302(6); amd. Sec. 5, Ch. 472, L. 1989; amd. Sec. 1, Ch. 61, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 2. Scheduling of Dangerous Drugs › 50-32-206. Use of names of scheduled drugs

50-32-206. Use of names of scheduled drugs.
The dangerous drugs listed or to be listed in the schedules in 50-32-222, 50-32-224, 50-32-226, 50-32-229, and 50-32-232 are included by whatever official, common, usual, chemical, or trade name designated.
History: En. Sec. 3, Ch. 412, L. 1973; amd. Sec. 3, Ch. 350, L. 1974; R.C.M. 1947, 54-303.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 2. Scheduling of Dangerous Drugs › 50-32-207. Order forms for drugs in Schedules I and II

50-32-207. Order forms for drugs in Schedules I and II.
Dangerous drugs in Schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with the provisions of federal law respecting order forms shall be deemed compliance with this section unless the board prescribes particular forms to be used.
History: En. Sec. 21, Ch. 412, L. 1973; R.C.M. 1947, 54-321.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 2. Scheduling of Dangerous Drugs › 50-32-208. Prescription and medical requirements for scheduled drugs -- penalty

50-32-208. Prescription and medical requirements for scheduled drugs -- penalty.
(1) (a) No dangerous drug in Schedule II may be dispensed without the written or electronic prescription of a practitioner.
(b) In emergency situations, as defined by rule of the board, Schedule II drugs may be dispensed upon a practitioner's oral prescription reduced promptly to writing and filed by the pharmacy. Prescriptions must be retained in conformity with the requirements of 50-32-309. A prescription for a Schedule II drug may not be refilled.
(2) A dangerous drug included in Schedule III or IV, which is a prescription drug as determined under the federal or Montana food, drug, and cosmetic acts, may not be dispensed without a written, electronic, or oral prescription of a practitioner. The prescription may not be filled or refilled more than 6 months after the date of the prescription or be refilled more than five times unless renewed by the practitioner.
(3) A dangerous drug included in Schedule V may not be distributed or dispensed other than for a medical purpose.
(4) A person who violates the provisions of this section is guilty of a misdemeanor and upon conviction may be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both fined and imprisoned.
History: En. Sec. 22, Ch. 412, L. 1973; amd. Sec. 10, Ch. 350, L. 1974; R.C.M. 1947, 54-322; amd. Sec. 13, Ch. 37, L. 1979; amd. Sec. 13, Ch. 379, L. 1981; amd. Sec. 3, Ch. 206, L. 2015.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 2. Scheduling of Dangerous Drugs › 50-32-209. Republication of schedules

50-32-209. Republication of schedules.
The board shall revise and the department shall republish additions, deletions, or other changes to the schedules of dangerous drugs at times determined by the board. For the purposes of this section, the mandate to republish additions, deletions, or other changes is satisfied by publication in the Administrative Rules of Montana pursuant to Title 2, chapter 4.
History: En. Sec. 14, Ch. 412, L. 1973; amd. Sec. 4, Ch. 350, L. 1974; R.C.M. 1947, 54-314; amd. Sec. 14, Ch. 379, L. 1981; amd. Sec. 1, Ch. 113, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 2. Scheduling of Dangerous Drugs › 50-32-221. Criteria for placement of drug in Schedule I

50-32-221. Criteria for placement of drug in Schedule I.
The board shall place a drug in Schedule I if it finds that the drug:
(1) has high potential for abuse; and
(2) has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.
History: En. Sec. 4, Ch. 412, L. 1973; R.C.M. 1947, 54-304.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 2. Scheduling of Dangerous Drugs › 50-32-223. Criteria for placement of drug in Schedule II

50-32-223. Criteria for placement of drug in Schedule II.
The board shall place a drug in Schedule II if it finds that:
(1) the drug has high potential for abuse;
(2) the drug has currently accepted medical use in treatment in the United States or currently accepted medical use with severe restrictions; and
(3) the abuse of the drug may lead to severe psychic or physical dependence.
History: En. Sec. 6, Ch. 412, L. 1973; R.C.M. 1947, 54-306.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 2. Scheduling of Dangerous Drugs › 50-32-225. Criteria for placement of drug in Schedule III

50-32-225. Criteria for placement of drug in Schedule III.
The board shall place a drug in Schedule III if it finds that:
(1) the drug has a potential for abuse less than the drugs listed in Schedules I and II;
(2) the drug has currently accepted medical use in treatment in the United States; and
(3) abuse of the drug may lead to moderate or low physical dependence or high psychological dependence.
History: En. Sec. 8, Ch. 412, L. 1973; R.C.M. 1947, 54-308.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 2. Scheduling of Dangerous Drugs › 50-32-227. Board authorized to exempt certain compounds, mixtures, or preparations from Schedule III

50-32-227. Board authorized to exempt certain compounds, mixtures, or preparations from Schedule III.
The board may except by rule any compound, mixture, or preparation containing any stimulant or depressant drug listed in 50-32-226(1) and (2) from the application of all or any part of this chapter if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the drugs which have a stimulant or depressant effect on the central nervous system.
History: En. Sec. 9, Ch. 412, L. 1973; R.C.M. 1947, 54-309(5).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 2. Scheduling of Dangerous Drugs › 50-32-228. Criteria for placement of drug in Schedule IV

50-32-228. Criteria for placement of drug in Schedule IV.
The board shall place a drug in Schedule IV if it finds that:
(1) the drug has a low potential for abuse relative to drugs in Schedule III;
(2) the drug has currently accepted medical use in treatment in the United States; and
(3) abuse of the drug may lead to limited physical dependence or psychological dependence relative to the drugs in Schedule III.
History: En. Sec. 10, Ch. 412, L. 1973; R.C.M. 1947, 54-310.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 2. Scheduling of Dangerous Drugs › 50-32-230. Board authorized to exempt certain compounds, mixtures, or preparations from Schedule IV

50-32-230. Board authorized to exempt certain compounds, mixtures, or preparations from Schedule IV.
The board may except by rule any compound, mixture, or preparation containing any depressant drug listed in 50-32-229 from the application of all or any part of this chapter if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant effect on the central nervous system and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the drugs which have a depressant effect on the central nervous system.
History: En. Sec. 11, Ch. 412, L. 1973; R.C.M. 1947, 54-311(3).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 2. Scheduling of Dangerous Drugs › 50-32-231. Criteria for placement of drug in Schedule V

50-32-231. Criteria for placement of drug in Schedule V.
The board shall place a drug in Schedule V if it finds that:
(1) the drug has low potential for abuse relative to the controlled drugs listed in Schedule IV;
(2) the drug has currently accepted medical use in treatment in the United States; and
(3) the drug has limited physical dependence or psychological dependence liability relative to the dangerous drugs listed in Schedule IV.
History: En. Sec. 12, Ch. 412, L. 1973; R.C.M. 1947, 54-312.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 2. Scheduling of Dangerous Drugs › 50-32-232. Specific dangerous drugs included in Schedule V

50-32-232. Specific dangerous drugs included in Schedule V.
Schedule V consists of the drugs and other substances, by whatever official, common, usual, chemical, or brand name designated, listed in this section.
(1) Narcotic drugs containing nonnarcotic active medicinal ingredients. Any compound, mixture, or preparation containing any of the following is a narcotic drug, including its salts, calculated as the free anhydrous base or alkaloid in limited quantities as set forth in subsections (1)(a) through (1)(f), which include one or more nonnarcotic, active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by narcotic drugs alone:
(a) not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;
(b) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;
(c) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;
(d) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;
(e) not more than 100 milligrams of opium per 100 milliliters or per 100 grams; and
(f) not more than 0.5 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.
(2) Stimulants. Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of pyrovalerone is a stimulant having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers.
(3) Depressants. Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances is a depressant having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers:
(a) lacosamide, also known as (R)-2-acetoamido-N-benzyl-3-methoxy-propionamide or vimpat; and
(b) pregabalin, also known as (S)-3-(aminomethyl)-5-methylhexanoic acid or lyrica.
(4) Anticonvulsant substances include the following:
(a) ezogabine;
(b) brivaracetam;
(c) cenobamate; and
(d) ganaxalone.
(5) Antimigraine substances including lasmiditan.
History: En. Sec. 13, Ch. 412, L. 1973; R.C.M. 1947, 54-313; amd. Sec. 15, Ch. 37, L. 1979; amd. Sec. 5, Ch. 141, L. 1983; amd. Sec. 5, Ch. 36, L. 1991; amd. Sec. 6, Ch. 113, L. 1997; amd. Sec. 2, Ch. 108, L. 2007; amd. Sec. 10, Ch. 135, L. 2013; amd. Sec. 5, Ch. 134, L. 2019; amd. Sec. 5, Ch. 150, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 2. Scheduling of Dangerous Drugs › 50-32-233. Exempt anabolic steroid products

50-32-233. Exempt anabolic steroid products.
The following anabolic steroid-containing compounds, mixtures, or preparations are exempt from this chapter:
(1) androgyn L.A.;
(2) andro-estro 90-4;
(3) depandrogyn;
(4) DEPO-T.E.;
(5) deptestrogen;
(6) duomone;
(7) duratestrin;
(8) duo-span II;
(9) estratest;
(10) estratest HS;
(11) pan estra test;
(12) premarin with methyltestosterone;
(13) synovex H pellets in process;
(14) synovex H pellets in process granulation;
(15) test-estro cypionates;
(16) testagen;
(17) testosterone cyp 50 estradiol cyp 2;
(18) testosterone, cypionate-estradiol, cypionate injection;
(19) testosterone, enanthate-estradiol, valerate injection; and
(20) tilapia sex reversal feed (investigational).
History: En. Sec. 7, Ch. 113, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 3. Annual Registration › 50-32-301. Annual registration required for manufacturer, distributor, or dispenser

50-32-301. Annual registration required for manufacturer, distributor, or dispenser.
(1) Every person who manufactures, distributes, or dispenses any dangerous drug within this state must obtain annually a registration issued by the department in accordance with board rules.
(2) Persons registered by the board under this chapter to manufacture, distribute, dispense, or conduct research with dangerous drugs may possess, manufacture, distribute, dispense, or conduct research with those drugs to the extent authorized by their registration and in conformity with the other provisions of this chapter.
History: En. Sec. 16, Ch. 412, L. 1973; amd. Sec. 6, Ch. 350, L. 1974; amd. Sec. 1, Ch. 291, L. 1975; R.C.M. 1947, 54-316(1), (2); amd. Sec. 15, Ch. 379, L. 1981.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 3. Annual Registration › 50-32-302. Exceptions to registration requirement

50-32-302. Exceptions to registration requirement.
The following persons need not register and may lawfully possess dangerous drugs under this chapter:
(1) an agent or employee of any registered manufacturer, distributor, or dispenser of any dangerous drug if the agent or employee is acting in the usual course of business or employment;
(2) a common or contract carrier or warehouse operator or an employee of the carrier or warehouse operator, whose possession of any dangerous drug is in the usual course of business or employment;
(3) an ultimate user or a person in possession of any dangerous drug pursuant to a lawful order of a practitioner or in lawful possession of a Schedule V drug;
(4) officers and employees of the state, or a political subdivision of the state while acting in the course of their official duties.
History: En. Sec. 16, Ch. 412, L. 1973; amd. Sec. 6, Ch. 350, L. 1974; amd. Sec. 1, Ch. 291, L. 1975; R.C.M. 1947, 54-316(3); amd. Sec. 1846, Ch. 56, L. 2009.