2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter III - Registration of Manufacturers, Distributors, and Dispensers of Controlled Substances (§§ 2301 — 2311) › § 2304 - Denial, revocation or suspension of registration

(a) The Secretary of Health shall deny a registration applied for under this chapter to manufacture, distribute or dispense controlled substances when the person:
(1) Does not comply with the requirements set forth in subsection (a) of § 2303 of this title;
(2) furnishes false information in his application, or
(3) when it is deemed contrary to the public interest.
(b) A registration pursuant to § 2303 of this title to manufacture, distribute or dispense a controlled substance shall be suspended or revoked by the Secretary of Health, upon a finding that the registrant:
(1) Has falsified any application filed pursuant to or required by this chapter;
(2) has been convicted of a felony in accordance with this chapter, or under any federal, commonwealth or local act, or any foreign law, relating to any substance defined in this chapter as a controlled substance, or
(3) has had his federal or commonwealth registration revoked or suspended by competent federal or commonwealth authority and is no longer authorized by federal or commonwealth law to engage in the manufacturing, distribution or dispensing of controlled substances.
(c) The Secretary of Health may suspend or revoke for just cause a registration issued under the provisions of this chapter to any person who at any time fails to comply with the provisions thereof.
(d) Before taking action pursuant to this section, the Secretary of Health shall serve upon the applicant or registrant by certified mail with acknowledgment of receipt to the address appearing in his registration, an order to show cause why registration should not be denied, revoked or suspended. The order to show cause shall contain a statement of the basis thereof, and shall call upon the applicant or registrant to appear before the Secretary of Health or before the officer designated by him, on the date, time and place stated in the order, but in no event less than thirty (30) days after the date of receipt of the order.
The proceeding to deny, revoke or suspend shall be conducted and transacted before the Secretary of Health or before the officer whom he may delegate in accordance with the provisions of §§ 2501—2523 of this title.
The resolution or order in each case shall be issued or prescribed by the Secretary of Health.
The above proceedings shall be independent of, and not in lieu of, criminal prosecutions or other judicial proceedings instituted under this chapter or of any act of the Commonwealth of Puerto Rico.
(e) The Secretary of Health may, in his discretion, suspend a registration simultaneously with the institution of a proceeding under this section in those cases where he finds that there is an imminent danger to the public health or safety. Such suspension shall continue in effect until the conclusion of such proceedings, including judicial review thereof, unless withdrawn by the Secretary of Health or dissolved by a court of competent jurisdiction.
(f) In the event the Secretary of Health suspends or revokes a registration granted under § 2303 of this title, all controlled substances owned or possessed by the registrant pursuant to such registration at the time of suspension or of the effective date of the revocation order, as the case may be, shall be placed under seal and custody by the Secretary of Health as provided by regulations. No disposition may be made of any controlled substances under seal and custody until the time for taking an appeal has elapsed or until all appeals have been concluded unless the Court of First Instance, San Juan Part, on the basis of a petition therefor orders the sale of the perishable substances and the deposit of the amount of the sale in said court. Upon the revocation or suspension order becoming final, all such controlled substances, or the amount of their sale deposited in the court, shall be forfeited to the Commonwealth of Puerto Rico and such controlled substances shall be disposed of in accordance with § 2512(e) of this title. In the event it is decided in favor of the registrant, the controlled substance or the amount deposited in the court shall be returned to such registrant.
(g) The Federal Bureau of Narcotics and Dangerous Drugs shall rapidly be notified by the Secretary of Health of all suspension or revocation orders and all forfeitures of controlled substances.
History —June 23, 1971, No. 4, p. 526, § 304, eff. 180 days after June 23, 1971.