20-2-54
Section 20-2-54 Registration of persons manufacturing, distributing or dispensing controlled substances - Revocation or suspension of registration - Grounds and procedure generally. (a) A registration under Section 20-2-52 to manufacture, distribute or dispense a controlled substance may be suspended or revoked by the certifying boards upon a finding that the registrant: (1) Has furnished false or fraudulent material information in any application filed under this article; (2) Has been convicted of a crime under any state or federal law relating to any controlled substance; (3) Has had his federal registration suspended or revoked to manufacture, distribute or dispense controlled substances; (4) Has violated the provisions of Chapter 23 of Title 34; or (5) Has, in the opinion of the certifying board, excessively dispensed controlled substances for any of his patients. a. A registrant may be considered to have excessively dispensed controlled substances if his certifying board finds...
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20-2-141
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":...
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45-41-83.01
Section 45-41-83.01 Definitions. As used in this part, the following words shall have the following meanings: (1) ASSESSMENT. A standardized diagnostic evaluation for placement in a treatment program. (2) BOARD. The Lee County Alternative Sentencing Board. (3) DRUG. Includes all of the following: a. A controlled substance, a drug or other substance for which a medical prescription or other legal authorization is required for purchase, or any isomer, salt, optical isomer, or analog of a controlled substance. b. An illegal drug, a drug whose manufacture, sale, distribution, use, or possession is forbidden by law. c. A substance otherwise legal to possess, including, but not limited to, alcohol, beer, wine, paint, paint thinner, and inhalants or other harmful substances which are abused. (4) PARTICIPANT. A person who has been approved for participation in the program. (5) PROGRAM. The Lee County Alternative Sentencing Program. (6) VIOLENT OFFENSE. An offense or charge as defined in...
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13A-12-340
Section 13A-12-340 Manufacture, sale, use, etc., of synthetic urine or urine additive. (a) As used in this section, the following terms have the following meanings: (1) DEFRAUD. A misrepresentation of a material fact made willfully to deceive or with reckless disregard as to its truth or falsity. (2) SYNTHETIC URINE. A substance that is designed to simulate the composition, chemical properties, physical appearance, or physical properties of human urine. (3) URINE ADDITIVE. A substance that is designed to be added to human urine. (b)(1) No person shall knowingly manufacture, market, sell, distribute, use, or possess synthetic urine or a urine additive to defraud an alcohol, drug, or urine screening test. (2) No person shall knowingly use his or her urine to defraud an alcohol, drug, or urine screening test if the person's urine was expelled or withdrawn before collection of the urine specimen for the test. (c) This section does not apply to urine, synthetic urine, or a urine additive...
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13A-10-195
Section 13A-10-195 Possession, distribution, etc., of detonator, explosive, poison gas, or hoax device by person under indictment or convicted of felony. (a) It shall be unlawful for a person who is under indictment or who has been convicted of a felony by a court of this state, any other state, the United States including its territories, possessions, and dominions, or a foreign nation to possess, manufacture, transport, or distribute a detonator, explosive, poison gas, or hoax device. (b) It shall be unlawful for a person to knowingly distribute a detonator, explosive, poison gas, or hoax device to any of the following: (1) A person who he or she knows or should know has been convicted of a felony by a court of this state, any other state, the United States including its territories, possessions, and dominions, or a foreign nation. (2) A person who he or she knows or should know has been adjudicated to be mentally incompetent by a court of this state, any other state, or the United...
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20-2-52
Section 20-2-52 Registration of persons manufacturing, distributing or dispensing controlled substances - Standards; requirements as to practitioners conducting research; effect of federal registration. (a) The certifying boards shall register only an applicant certified by their respective boards to manufacture, dispense, or distribute controlled substances enumerated in Schedules I, II, III, IV and V; provided, that the State Board of Pharmacy shall register all manufacturers and wholesalers unless they determine that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the above-mentioned boards shall consider the following factors: (1) Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels; (2) Compliance with applicable state and local law; (3) Any convictions of the applicant under any federal and state laws relating to any...
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20-2-190.2
Section 20-2-190.2 Electronic drug offender tracking system. (a) For the purposes of this section, the following words shall have the following meanings: (1) DRUG RELATED CONVICTION. Any conviction or plea of nolo contendere for the offense of possession, distribution, trafficking, or any degree of manufacture of controlled substances, or drug paraphernalia. A drug related conviction shall also include the inchoate crimes of attempt, solicitation, or conspiracy of any of the drug related crimes. (2) DRUG OFFENDER. Any person who has any conviction listed in subdivision (1). (b) Effective January 1, 2013, the State Bureau of Investigations shall implement a real-time electronic drug offender tracking system to catalogue all criminal convictions in this state of persons convicted of felonies or misdemeanors involving the possession, distribution, manufacture, or trafficking of controlled substances. This catalogue shall include, but not be limited to, paraphernalia convictions,...
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13A-1-2
Section 13A-1-2 Definitions. Unless different meanings are expressly specified in subsequent provisions of this title, the following terms shall have the following meanings: (1) BOOBY TRAP. Any concealed or camouflaged device designed to cause bodily injury when triggered by any action of a person making contact with the device. This term includes guns, ammunition, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, nails, spikes, electrical devices, lines or wires with hooks attached, and devices for the production of toxic fumes or gases. (2) BURDEN OF INJECTING THE ISSUE. The term means that the defendant must offer some competent evidence relating to all matters subject to the burden, except that the defendant may rely upon evidence presented by the prosecution in meeting the burden. (3) CLANDESTINE LABORATORY OPERATION. Any of the following: a. Purchase or procurement of chemicals, supplies, equipment, or laboratory location for the...
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13A-12-260
Section 13A-12-260 Drug paraphernalia; use or possession; delivery or sale; forfeiture. (a) Definition of "drug paraphernalia". As used in this section, the term "drug paraphernalia" means all equipment, products, and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the controlled substances laws of this state. It includes but is not limited to: (1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived; (2) Kits used, intended for use, or designed for use in manufacturing,...
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12-23A-2
Section 12-23A-2 Definitions. As used in this chapter, the following words shall have the following meanings: (1) ADVISORY COMMITTEE. A local committee which may consist of the following members or their designees: a. The drug court judge, who shall serve as chair. b. The district attorney. c. The public defender or a member of the criminal defense bar. d. The drug court coordinator. e. The court clerk. f. A community corrections or court referral officer, or both. g. A pretrial services provider. h. A law enforcement officer. i. Substance abuse treatment providers. j. Any other person the chair deems appropriate. (2) ASSESSMENT. A diagnostic evaluation for placement in a treatment program which shall be performed in accordance with criteria certified by the Department of Mental Health, Substance Abuse Services Division. (3) CHARGE. As defined in Section 12-25-32(13). (4) CONTINUUM OF CARE. A seamless and coordinated course of substance abuse education and treatment designed to meet...
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