North Dakota Century Code Title 19. Foods, Drugs, Oils, and Compounds § 19-03.1-01. Definitions

As used in this chapter and in chapters 19-03.2 and 19-03.4, unless the context otherwise requires:

1. “Administer” means to apply a controlled substance, whether by injection, inhalation, ingestion, or any other means, directly to the body of a patient or research subject by:

a. A practitioner or, in the practitioner's presence, by the practitioner's authorized agent;  or

b. The patient or research subject at the direction and in the presence of the practitioner.

2. “Agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser.  It does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman.

3. “Anabolic steroids” means any drug or hormonal substance, chemically and pharmacologically related to testosterone, other than estrogens, progestins, and corticosteroids.

4. “Board” means the state board of pharmacy.

5. “Bureau” means the drug enforcement administration in the United States department of justice or its successor agency.

6. “Controlled substance” means a drug, substance, or immediate precursor in schedules I through V as set out in this chapter.

7. “Controlled substance analog”:

a. Means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance in a schedule I or II and:

(1) Which has a stimulant, depressant, or hallucinogenic effect on the central nervous system which is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II;  or

(2) With respect to a particular individual, which the individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II.

b. Does not include:

(1) A controlled substance;

(2) Any substance for which there is an approved new drug application;  or

(3) With respect to a particular individual, any substance, if an exemption is in effect for investigational use, for that individual, under section 505 of the Federal Food, Drug, and Cosmetic Act [ 21 U.S.C. 355 ] to the extent conduct with respect to the substance is pursuant to the exemption.

8. “Counterfeit substance” means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance.

9. “Deliver” or “delivery” means the actual, constructive, or attempted transfer from one person to another of a controlled substance whether or not there is an agency relationship.

10. “Dispense” means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery.

11. “Dispenser” means a practitioner who dispenses.

12. “Distribute” means to deliver other than by administering or dispensing a controlled substance.

13. “Distributor” means a person who distributes.

14. “Drug” means:

a. Substances recognized as drugs in the official United States pharmacopeia national formulary, or the official homeopathic pharmacopeia of the United States, or any supplement to any of them;

b. Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in individuals or animals;

c. Substances, other than food, intended to affect the structure or any function of the body of individuals or animals;  and

d. Substances intended for use as a component of any article specified in subdivision a, b, or c.  The term does not include devices or their components, parts, or accessories.

15. “Hashish” means the resin extracted from any part of the plant cannabis with or without its adhering plant parts, whether growing or not, and every compound, manufacture, salt, derivative, mixture, or preparation of the resin.

16. “Immediate precursor” means a substance:

a. That the board has found to be and by rule designates as being the principal compound commonly used or produced primarily for use in the manufacture of a controlled substance;

b. That is an immediate chemical intermediary used or likely to be used in the manufacture of the controlled substance;  and

c. The control of which is necessary to prevent, curtail, or limit the manufacture of the controlled substance.

17. “Manufacture” means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis and includes any packaging or repackaging of the substance or labeling or relabeling of its container.  The term does not include the preparation or compounding of a controlled substance by an individual for the individual's own use or the preparation, compounding, packaging, or labeling of a controlled substance:

a. By a practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of the practitioner's professional practice;  or

b. By a practitioner, or by the practitioner's authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.

18. “Marijuana” means all parts of the plant cannabis whether growing or not;  the seeds thereof;  the resinous product of the combustion of the plant cannabis;  and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds.  The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of mature stalks, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

19. “Narcotic drug” means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

a. Opium and opiate and any salt, compound, derivative, or preparation of opium or opiate.

b. Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in subdivision a, but not including the isoquinoline alkaloids of opium.

c. Opium poppy and poppy straw.

d. Coca leaves and any salt, compound, derivative, or preparation of coca leaves, any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine.

20. “Opiate” means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability.  The term does not include, unless specifically designated as controlled under section 19-03.1-02 , the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan).  The term includes its racemic and levorotatory forms.

21. “Opium poppy” means the plant of the species papaver somniferum L., except its seeds.

22. “Over-the-counter sale” means a retail sale of a drug or product other than a controlled, or imitation controlled, substance.

23. “Person” means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.

24. “Poppy straw” means all parts, except the seeds, of the opium poppy, after mowing.

25. “Practitioner” means:

a. A physician, dentist, veterinarian, pharmacist, scientific investigator, or other person licensed, registered, or otherwise permitted by the jurisdiction in which the individual is practicing to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research.

b. A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state.

26. “Production” includes the manufacturing, planting, cultivating, growing, or harvesting of a controlled substance.

27. “Sale” includes barter, exchange, or gift, or offer therefor, and each such transaction made by a person, whether as principal, proprietor, agent, servant, or employee.

28. “Scheduled listed chemical product” means a product that contains ephedrine, pseudoephedrin, or phenylpropanolamine, or each of the salts, optical isomers, and salts of optical isomers of each chemical, and that may be marketed or distributed in the United States under the Federal Food, Drug, and Cosmetic Act [ 21 U.S.C. 301 et seq. ] as a nonprescription drug unless prescribed by a licensed physician.

29. “State” when applied to a part of the United States includes any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States.

30. “Ultimate user” means an individual who lawfully possesses a controlled substance for the individual's own use or for the use of a member of the individual's household or for administering to an animal owned by the individual or by a member of the individual's household.


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