North Dakota Drug Laws

19-03.1-01
Definitions

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

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 amanufacturer, 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 departmentof 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.

19-03.1-05
Schedule I

1. The controlled substances listed in this section are included in schedule I.

2. Schedule I consists of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this
section.

3. Opiates. Unless specifically excepted or unless listed in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of those isomers, esters, ethers, and salts is possible within the specific chemical designation:
a. Acetyl-alpha-methylfentanyl (also known as N-[1-(1-methyl-2-phenethyl)-4-
piperidinyl]-N-phenylacetamide).
b. Acetylmethadol.
c. Allylprodine.
d. Alphacetylmethadol.
e. Alphameprodine.
f. Alphamethadol.
g. Alpha-methylfentanyl (also known as N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine).
h. Alpha-methylthiofentanyl (also known as N-[1-methyl-2- (2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide).
i. Benzethidine.
j. Betacetylmethadol.
k. Beta-hydroxyfentanyl (also known as N-[1-(2-hydroxy-2- phenethyl)-4-piperidinyl]- N-phenylpropanamide).
l. Beta-hydroxy-3-methylfentanyl (also known as N-[1-(2-hydroxy-2- phenethyl)-3- methyl-4-piperidinyl]-N-phenylpropanamide).
m. Betameprodine.
n. Betamethadol.
o. Betaprodine.
p. Clonitazene.
q. Dextromoramide.
r. Diampromide.
s. Diethylthiambutene.
t. Difenoxin.
u. Dimenoxadol.
v. Dimepheptanol.
w. Dimethylthiambutene.
x. Dioxaphetyl butyrate.
y. Dipipanone.
z. Ethylmethylthiambutene.
aa. Etonitazene.
bb. Etoxeridine.
cc. Furethidine.
dd. Hydroxypethidine.
ee. Ketobemidone.
ff. Levomoramide.
gg. Levophenacylmorphan.
hh. 3-Methylfentanyl (also known as N-[3-methyl-1-(2-phenylethyl) 4-piperidyl]-Nphenylpropanamide).
ii. 3-Methylthiofentanyl (also known as N-[3-methyl-1-(2- thienyl)ethyl-4-piperidinyl]- N-phenylpropanamide).
jj. Morpheridine.
kk. MPPP (also known as 1-methyl-4-phenyl-4-propionoxypiperidine).
ll. Noracymethadol.
mm. Norlevorphanol.
nn. Normethadone.
oo. Norpipanone.
pp. Para-fluorofentanyl (also known as N-(4-fluorophenyl)-N-[1-(2- phenethyl)-4-piperidinyl] propanamide).
qq. PEPAP (1-(2-Phenylethyl)-4-Phenyl-4-acetoxypiperidine).
rr. Phenadoxone.
ss. Phenampromide.
tt. Phenomorphan.
uu. Phenoperidine.
vv. Piritramide.
ww. Proheptazine.
xx. Properidine.
yy. Propiram.
zz. Racemoramide.
aaa. Thiofentanyl (also known as N-phenyl-N-[1-(2-thienyl)ethyl-4- piperidinyl]-propanamide).
bbb. Tilidine.
ccc. Trimeperidine.

4. Opium derivatives. Unless specifically excepted or unless listed in another schedule, any of the following opium derivatives, its salts, isomers, and salts of isomers
whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
a. Acetorphine.
b. Acetyldihydrocodeine.
c. Benzylmorphine.
d. Codeine methylbromide.
e. Codeine-N-Oxide.
f. Cyprenorphine.
g. Desomorphine.
h. Dihydromorphine.
i. Drotebanol.
j. Etorphine (except hydrochloride salt).
k. Heroin.
l. Hydromorphinol.
m. Methyldesorphine.
n. Methyldihydromorphine.
o. Morphine methylbromide.
p. Morphine methylsulfonate.
q. Morphine-N-Oxide.
r. Myrophine.
s. Nicocodeine.
t. Nicomorphine.
u. Normorphine.
v. Pholcodine.
w. Thebacon.

5. Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any quantity of the following hallucinogenic substances, including their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this subsection only, the term "isomer" includes the optical, position, and geometric isomers):
a. Alpha-ethyltryptamine, its optical isomers, salts, and salts of isomers (also known as etryptamine; a-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole).
b. Alpha-methyltryptamine.
c. 4-methoxyamphetamine (also known as 4-methoxy-a-methylphenethylamine; paramethoxyamphetamine; PMA).
d. N-hydroxy-3,4-methylenedioxyamphetamine (also known as N-hydroxy-alphamethyl- 3,4(methylenedioxy)phenylamine, and N-hydroxy MDA.
e. Hashish.
f. Ibogaine (also known as 7-Ethyl-6, 6B, 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5 H-pyrido [1', 2':1,2] azepino (5,4-b) indole; Tabernanthe iboga).
g. Lysergic acid diethylamide.
h. Marijuana.
i. Parahexyl (also known as 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro- 6,6,9-trimethyl- 6H-dibenzol[b,d]pyran; Synhexyl).
j. Peyote (all parts of the plant presently classified botanically as Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture, or preparation of such plant, its seeds, or its extracts).
k. N-ethyl-3-piperidyl benzilate.
l. N-methyl-3-piperidyl benzilate.
m. Psilocybin.
n. Tetrahydrocannabinols, meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the cannabis plant, or in the resinous extractives of such plant, including synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following:
(1) Delta-1 cis or trans tetrahydrocannabinol, and their optical isomers.
(2) Delta-6 cis or trans tetrahydrocannabinol, and their optical isomers.
(3) Delta-3,4 cis or trans tetrahydrocannabinol, and its optical isomers.
(Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.)
o. Cannabinoids, synthetic. It includes the chemicals and chemical groups listed below, including their homologues, salts, isomers, and salts of isomers. The term
"isomer" includes the optical, position, and geometric isomers.
(1) Naphthoylindoles. Any compound containing a 3-(1-naphthoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl- 2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2- pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4- yl)methyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent.
Examples include:
(a) 1-Pentyl-3-(1-naphthoyl)indole - Other names: JWH-018 and AM-678.
(b) 1-Butyl-3-(1-naphthoyl)indole - Other names: JWH-073.
(c) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole - Other names: JWH-081.
(d) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole - Other names: JWH-200.
(e) 1-Propyl-2-methyl-3-(1-naphthoyl)indole - Other names: JWH-015.
(f) 1-Hexyl-3-(1-naphthoyl)indole - Other names: JWH-019.
(g) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole - Other names: JWH-122.
(h) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole - Other names: JWH-210.
(i) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole - Other names: JWH-398.
(j) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole - Other names: AM-2201.
(2) Naphthylmethylindoles. Any compound containing a 1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. Examples include:
(a) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane - Other names: JWH-175.
(b) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methane - Other names: JWH-184.
(3) Naphthoylpyrroles. Any compound containing a 3-(1-naphthoyl)pyrrole
structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl,
haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-
2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-
pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4- yl)methyl group whether or not further substituted in the pyrrole ring to any extent, whether or not substituted in the naphthyl ring to any extent.
Examples include: (5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1- ylmethanone - Other names: JWH-307.
(4) Naphthylmethylindenes. Any compound containing a naphthylideneindene structure with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl- 2-piperidinyl)methyl, 2 (4 morpholinyl)ethyl, 1-(N-methyl-2- pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4- yl)methyl group whether or not further substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring to any extent.
Examples include: E-1-[1-(1-Naphthalenylmethylene)-1H-inden-3-yl]pentane - Other names: JWH-176.
(5) Phenylacetylindoles. Any compound containing a 3-phenylacetylindole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl- 2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2- pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4- yl)methyl group whether or not further substituted in the indole ring to any extent, whether or not substituted in the phenyl ring to any extent. Examples include:
(a) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole - Other names:
RCS-8.
(b) 1-Pentyl-3-(2-methoxyphenylacetyl)indole - Other names: JWH-250.
(c) 1-Pentyl-3-(2-methylphenylacetyl)indole - Other names: JWH-251.
(d) 1-Pentyl-3-(2-chlorophenylacetyl)indole - Other names: JWH-203.
(6) Cyclohexylphenols. Any compound containing a 2-(3- hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1- (N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group whether or not substituted in the cyclohexyl ring to any extent. Examples include:
(a) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol - Other names: CP 47,497.
(b) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol - Other names: Cannabicyclohexanol and CP 47,497 C8 homologue.
(c) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3- hydroxypropyl)cyclohexyl]-phenol - Other names: CP 55,940.
(7) Benzoylindoles. Any compound containing a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2- piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. Examples include:
(a) 1-Pentyl-3-(4-methoxybenzoyl)indole - Other names: RCS-4.
(b) (1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole) - Other names: AM-694.
(c) (4-Methoxyphenyl)-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3- yl]methanone - Other names: WIN 48,098 and Pravadoline.
(8) Tetramethylcyclopropanoylindoles. Any compound containing a 3- tetramethylcyclopropanoylindole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4- morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3- morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group whether or not further substituted in the indole ring to any extent and whether or not substituted in the tetramethylcyclopropanoyl ring to any extent.
(a) (1-Pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone - Other names: UR-144.
(b) (1-(5-fluoropentyl)indol-3-yl)-(2,2,3,3-tetramethylcyclopropyl) methanone - Other names: XLR-11.
(c) (1-(2-morpholin-4-ylethyl)-1H-indol-3-yl)-(2,2,3,3- tetramethylcyclopropyl)methanone - Other names: A-796,260.
(9) Others specifically named:
(a) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)- 6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol - Other names: HU-210.
(b) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)- 6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol - Other names: Dexanabinol and HU-211.
(c) 2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-
benzoxazin-6-yl]-1-napthalenylmethanone - Other names:
WIN 55,212-2.
(d) 1-[(N-methylpiperidin-2-yl)methyl]-3-(adamant-1-oyl)indole - Other names: AM-1248.
(e) N-Adamantyl-1-pentyl-1H-indole-3-carboxamide - Other names: JWH- 018 adamantyl carboxamide.
(f) N-Adamantyl-1-fluoropentylindole-3-carboxamide - Other names: STS-135.
(g) N-Adamantyl-1-pentyl-1H-Indazole-3-carboxamide - Other names: AKB 48.
(h) 1-Pentyl-3-(1-adamantoyl)indole - Other names: AB-001 and JWH-018 adamantyl analog.
(i) Naphthalen-1-yl-(4-pentyloxynaphthalen-1-yl)methanone - Other names: CB-13.
p. Substituted phenethylamines. This includes any compound, unless specifically excepted, specifically named in this schedule, or listed under a different schedule,
structurally derived from phenylethan-2-amine by substitution on the phenyl ring in any of the following ways, that is to say, by substitution with a fused methylenedioxy ring, fused furan ring, or fused tetrahydrofuran ring; by substitution with two alkoxy groups; by substitution with one alkoxy and either one fused furan, tetrahydrofuran, or tetrahydropyran ring system; or by substitution with two fused ring systems from any combination of the furan, tetrahydrofuran, or tetrahydropyran ring systems.
(1) Whether or not the compound is further modified in any of the following ways, that is to say:
(a) By substitution of phenyl ring by any halo, hydroxyl, alkyl, trifluoromethyl, alkoxy, or alkylthio groups;
(b) By substitution at the 2-position by any alkyl groups; or
(c) By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, hydroxybenzyl, methylenedioxybenzyl, or methoxybenzyl groups.
(2) Examples include:
(a) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (also known as 2C-C or 2,5-Dimethoxy-4-chlorophenethylamine).
(b) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (also known as 2C-D or 2,5-Dimethoxy-4-methylphenethylamine).
(c) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (also known as 2C-E or 2,5-Dimethoxy-4-ethylphenethylamine).
(d) 2-(2,5-Dimethoxyphenyl)ethanamine (also known as 2C-H or 2,5- Dimethoxyphenethylamine).
(e) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (also known as 2C-I or 2,5-Dimethoxy-4-iodophenethylamine).
(f) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (also known as 2C-N or 2,5-Dimethoxy-4-nitrophenethylamine).
(g) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (also known as 2C-P or 2,5-Dimethoxy-4-propylphenethylamine).
(h) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (also known as 2CT- 2 or 2,5-Dimethoxy-4-ethylthiophenethylamine).
(i) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (also known as 2C-T-4 or 2,5-Dimethoxy-4-isopropylthiophenethylamine).
(j) 2-(4-bromo-2,5-dimethoxyphenyl)ethanamine (also known as 2C-B or 2,5-Dimethoxy-4-bromophenethylamine).
(k) 2-(2,5-dimethoxy-4-(methylthio)phenyl)ethanamine (also known as 2C-T or 4-methylthio-2,5-dimethoxyphenethylamine).
(l) 1-(2,5-dimethoxy-4-iodophenyl)-propan-2-amine (also known as DOI or 2,5-Dimethoxy-4-iodoamphetamine).
(m) 1-(4-Bromo-2,5-dimethoxyphenyl)-2-aminopropane (also known as DOB or 2,5-Dimethoxy-4-bromoamphetamine).
(n) 1-(4-chloro-2,5-dimethoxy-phenyl)propan-2-amine (also known as DOC or 2,5-Dimethoxy-4-chloroamphetamine).
(o) 2-(4-bromo-2,5-dimethoxyphenyl)-N-[(2- methoxyphenyl)methyl]ethanamine (also known as 2C-B-NBOMe; 2,5B-NBOMe or 2,5-Dimethoxy-4-bromo-N-(2-
methoxybenzyl)phenethylamine).
(p) 2-(4-iodo-2,5-dimethoxyphenyl)-N-[(2 -methoxyphenyl)methyl]ethanamine (also known as 2C-I-NBOMe; 2,5I-NBOMe or 2,5-Dimethoxy-4-iodo-N-(2-
methoxybenzyl)phenethylamine).
(q) N-(2-Methoxybenzyl)-2-(3,4,5-trimethoxyphenyl)ethanamine (also known as mescaline-NBOMe or 3,4,5-trimethoxy-N-(2- methoxybenzyl)phenethylamine).
(r) 2-(4-chloro-2,5-dimethoxyphenyl)-N-[(2- methoxyphenyl)methyl]ethanamine (also known as 2C-C-NBOMe; 2,5C-NBOMe or 2,5-Dimethoxy-4-chloro-N-(2-
methoxybenzyl)phenethylamine).
(s) 2-(7-Bromo-5-methoxy-2,3-dihydro-1-benzofuran-4-yl)ethanamine (also known as 2CB-5-hemiFLY).
(t) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4- yl)ethanamine (also known as 2C-B-FLY).
(u) 2-(10-Bromo-2,3,4,7,8,9-hexahydropyrano[2,3-g]chromen-5- yl)ethanamine (also known as 2C-B-butterFLY).
(v) N-(2-Methoxybenzyl)-1-(8-bromo-2,3,6,7-tetrahydrobenzo[1,2-b:4,5- b']difuran-4-yl)-2-aminoethane (also known as 2C-B-FLY-NBOMe).
(w) 1-(4-Bromofuro[2,3-f][1]benzofuran-8-yl)propan-2-amine (also known as bromo-benzodifuranyl-isopropylamine or bromo-dragonFLY).
(x) N-(2-Hydroxybenzyl)-4-iodo-2,5-dimethoxyphenethylamine (also known as 2C-I-NBOH or 2,5I-NBOH).
(y) 5-(2-Aminopropyl)benzofuran (also known as 5-APB).
(z) 6-(2-Aminopropyl)benzofuran (also known as 6-APB).
(aa) 5-(2-Aminopropyl)-2,3-dihydrobenzofuran (also known as 5-APDB).
(bb) 6-(2-Aminopropyl)-2,3,-dihydrobenzofuran (also known as 6-APDB).
(cc) 2,5-dimethoxy-amphetamine (also known as 2,5-dimethoxy-amethylphenethylamine; 2,5-DMA).
(dd) 2,5-dimethoxy-4-ethylamphetamine (also known as DOET).
(ee) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (also known as 2C-T- 7).
(ff) 5-methoxy-3,4-methylenedioxy-amphetamine.
(gg) 4-methyl-2,5-dimethoxy-amphetamine (also known as 4-methyl-2,5-
dimethoxy-a-methylphenethylamine; DOM and STP).
(hh) 3,4-methylenedioxy amphetamine (also known as MDA).
(ii) 3,4-methylenedioxymethamphetamine (also known as MDMA).
(jj) 3,4-methylenedioxy-N-ethylamphetamine (also known as N-ethylalpha-methyl-3,4(methylenedioxy)phenethylamine, MDE, MDEA).
(kk) 3,4,5-trimethoxy amphetamine.
(ll) Mescaline (also known as 3,4,5-trimethoxyphenethylamine).
q. Substituted tryptamines. This includes any compound, unless specifically excepted, specifically named in this schedule, or listed under a different schedule,
structurally derived from 2-(1H-indol-3-yl)ethanamine (i.e., tryptamine) by monoor di-substitution of the amine nitrogen with alkyl or alkenyl groups or by inclusion
of the amino nitrogen atom in a cyclic structure whether or not the compound is further substituted at the alpha-position with an alkyl group or whether or not
further substituted on the indole ring to any extent with any alkyl, alkoxy, halo, hydroxyl, or acetoxy groups. Examples include:
(1) 5-methoxy-N,N-diallyltryptamine (also known as 5-MeO-DALT).
(2) 4-acetoxy-N,N-dimethyltryptamine (also known as 4-AcO-DMT or OAcetylpsilocin).
(3) 4-hydroxy-N-methyl-N-ethyltryptamine (also known as 4-HO-MET).
(4) 4-hydroxy-N,N-diisopropyltryptamine (also known as 4-HO-DIPT).
(5) 5-methoxy-N-methyl-N-isopropyltryptamine (also known as 5-MeO-MiPT).
(6) 5-methoxy-N,N-dimethyltryptamine (also known as 5-MeO-DMT).
(7) Bufotenine (also known as 3-(Beta-Dimethyl-aminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin; 5-hydroxy-N,Ndimethyltryptamine; mappine).
(8) 5-methoxy-N,N-diisopropyltryptamine (also known as 5-MeO-DiPT).
(9) Diethyltryptamine (also known as N,N-Diethyltryptamine; DET).
(10) Dimethyltryptamine (also known as DMT).
(11) Psilocyn.
r. 1-[3-(trifluoromethylphenyl)]piperazine (also known as TFMPP).
s. 1-[4-(trifluoromethylphenyl)]piperazine.
t. 6,7-dihydro-5H-indeno-(5,6-d)-1,3-dioxol-6-amine (also known as 5,6- Methylenedioxy-2-aminoindane or MDAI).
u. 2-(Ethylamino)-2-(3-methoxyphenyl)cyclohexanone (also known as Methoxetamine or MXE).
v. Ethylamine analog of phencyclidine (also known as N-ethyl-1- phenylcyclohexylamine, (1-phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE).
w. Pyrrolidine analog of phencyclidine (also known as 1-(1-phenylcyclohexyl)- pyrrolidine, PCPy, PHP).
x. Thiophene analog of phencyclidine (also known as (1-[1-(2-thienyl) cyclohexyl] piperidine; 2-Thienylanalog of phencyclidine; TPCP, TCP).
y. 1-[1-(2-thienyl)cyclohexyl]pyrrolidine (also known as TCPy).
z. Salvia divinorum, salvinorin A, or any of the active ingredients of salvia divinorum.

6. Depressants. Unless specifically excepted or unless listed in another schedule, any material compound, mixture, or preparation which contains any quantity of the
following substances having a depressant effect on the central nervous system, whenever the existence of such salts, isomers, and salts of isomers is possible within
the specific chemical designation:
a. Flunitrazepam.
b. Gamma-hydroxybutyric acid.
c. Mecloqualone.
d. Methaqualone.

7. Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers:
a. Aminorex (also known as 2-amino-5-phenyl-2-oxazoline, or 4,5-dihydro-5-phenyl-
2-oxazolamine).
b. Cathinone.
c. Substituted cathinones. Any compound, material, mixture, preparation, or other product, unless listed in another schedule or an approved food and drug administration drug (e.g., buproprion, pyrovalerone), structurally derived from 2- aminopropan-1-one by substitution at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the compound is further modified in any of the following ways:
(1) By substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring system by one or more other univalent substitutents;
(2) By substitution at the 3-position with an acyclic alkyl substituent;
(3) By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups; or
(4) By inclusion of the 2-amino nitrogen atom in a cyclic structure. Some trade or other names:
(a) 3,4-Methylenedioxy-alpha-pyrrolidinopropiophenone (also known as MDPPP).
(b) 3,4-Methylenedioxy-N-ethylcathinone (also known as Ethylone, MDEC, or bk-MDEA).
(c) 3,4-Methylenedioxy-N-methylcathinone (also known as Methylone or bk-MDMA).
(d) 3,4-Methylenedioxypyrovalerone (also known as MDPV).
(e) 3,4-Dimethylmethcathinone (also known as 3,4-DMMC).
(f) 2-(methylamino)-1-phenylpentan-1-one (also known as Pentedrone).
(g) 2-Fluoromethcathinone.
(h) 3-Fluoromethcathinone.
(i) 4-Methylethcathinone (also known as 4-MEC).
(j) 4-Fluoromethcathinone (also known as Flephedrone).
(k) 4-Methoxy-alpha-pyrrolidinopropiophenone (also known as MOPPP).
(l) 4-Methoxymethcathinone (also known as Methedrone; bk-PMMA).
(m) 4'-Methyl-alpha-pyrrolidinobutiophenone (also known as MPBP).
(n) Alpha-methylamino-butyrophenone (also known as Buphedrone or MABP).
(o) Alpha-pyrrolidinobutiophenone (also known as alpha-PBP).
(p) Alpha-pyrrolidinopropiophenone (also known as alpha-PPP).
(q) Alpha-pyrrolidinopentiophenone (also known as Alphapyrrolidinovalerophenone or alpha-PVP).
(r) Beta-keto-N-methylbenzodioxolylbutanamine (also known as Butylone or bk-MBDB).
(s) Ethcathinone (also known as N-Ethylcathinone).
(t) 4-Methylmethcathinone (also known as Mephedrone or 4-MMC).
(u) Methcathinone.
(v) N,N-dimethylcathinone (also known as metamfepramone).
(w) Naphthylpyrovalerone (naphyrone).
d. Fenethylline.
e. Fluoroamphetamine.
f. Fluoromethamphetamine.
g. (±)cis-4-methylaminorex (also known as (±)cis-4,5-dihydro-4-methyl-5-phenyl-2- oxazolamine).
h. N-Benzylpiperazine (also known as BZP, 1-benzylpiperazine).
i. N-ethylamphetamine.
j. N, N-dimethylamphetamine (also known as N,N-alpha-trimethylbenzeneethanamine;
N,N-alpha-trimethylphenethylamine).

19-03.1-07
Schedule II

1. The controlled substances listed in this section are included in schedule II.

2. Schedule II consists of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.

3. Substances, vegetable origin or chemical synthesis. Unless specifically excepted or unless listed in another schedule, any of the following substances 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, excluding apomorphine, dextrorphan, nalbuphine, nalmefene, naloxone, and naltrexone and their respective salts, but including the following:
(1) Codeine.
(2) Dihydroetorphine.
(3) Ethylmorphine.
(4) Etorphine hydrochloride.
(5) Granulated opium.
(6) Hydrocodone.
(7) Hydromorphone.
(8) Metopon.
(9) Morphine.
(10) Opium extracts.
(11) Opium fluid.
(12) Oripavine.
(13) Oxycodone.
(14) Oxymorphone.
(15) Powder opium.
(16) Raw opium.
(17) Thebaine.
(18) Tincture of opium.
b. Any salt, compound, 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, including cocaine and ecgonine and their salts, isomers, derivatives, and salts of
isomers and derivatives, and any salt, compound, derivative, or preparation thereof that is chemically equivalent or identical with any of these substances,
except that the nondosage substances must include decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine.
e. Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid, or powder form which contains the phenanthrine alkaloids of the opium poppy).

4. Opiates. Unless specifically excepted or unless in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of those isomers, esters, ethers, and salts is possible within the specific chemical designation, dextrophan and levopropoxyphene excepted:
a. Alfentanil.
b. Alphaprodine.
c. Anileridine.
d. Bezitramide.
e. Bulk dextropropoxyphene (nondosage forms).
f. Carfentanil.
g. Dihydrocodeine.
h. Diphenoxylate.
i. Fentanyl.
j. Isomethadone.
k. Levo-alphaacetylmethadol (LAAM).
l. Levomethorphan.
m. Levorphanol.
n. Metazocine.
o. Methadone.
p. Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane.
q. Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid.
r. Pethidine (also known as meperidine).
s. Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine.
t. Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate.
u. Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid.
v. Phenazocine.
w. Priminodine.
x. Racemethorphan.
y. Racemorphan.
z. Remifentanil.
aa. Sufentanil.
bb. Tapentadol.

5. Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system:
a. Amphetamine, its salts, optical isomers, and salts of its optical isomers.
b. Lisdexamfetamine, its salts, isomers, and salts of isomers.
c. Methamphetamine, its salts, isomers, and salts of isomers.
d. Phenmetrazine and its salts.
e. Methylphenidate.

6. Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
a. Amobarbital.
b. Glutethimide.
c. Pentobarbital.
d. Phencyclidine.
e. Secobarbital.

7. Hallucinogenic substances. Nabilone [another name for nabilone (±)-trans-3-(1, 1-dimethylheptyl)-6, 6a, 7, 8, 10, 10a-hexahydro-1-hydroxy-6, 6-dimethyl-9Hdibenzo
[b, d] pyran-9-one].

8. Immediate precursors. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity
of the following substances:
a. Immediate precursor to amphetamine and methamphetamine: Phenylacetone.Some trade or other names: phenyl-2-propanone; P2P, benzyl methyl ketone; methyl benzyl ketone.
b. Immediate precursors to phencyclidine (PCP):
(1) 1-phenylcyclohexylamine.
(2) 1-piperidinocyclohexanecarbonitrile (PCC).
c. Immediate precursors to fentanyl: 4-anilino-N-phenethyl-4-piperidine (ANPP)

19-03.1-09
Schedule III

1. The controlled substances listed in this section are included in schedule III.

2. Schedule III consists of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.

3. Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the
following substances having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, position, or geometric), and salts of such isomers
whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
a. Those compounds, mixtures, or preparations in dosage unit form containing any stimulant substances listed in schedule II and any other drug of the quantitative
composition shown in that schedule for those drugs or which is the same except that it contains a lesser quantity of controlled substances.
b. Benzphetamine.
c. Chlorphentermine.
d. Clortermine.
e. Phendimetrazine.

4. Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system:
a. Any compound, mixture, or preparation containing:
(1) Amobarbital;
(2) Secobarbital;
(3) Pentobarbital;
or any salt thereof and one or more other active medicinal ingredients which are not listed in any schedule.
b. Any suppository dosage form containing:
(1) Amobarbital;
(2) Secobarbital;
(3) Pentobarbital;
or any salt of any of these drugs and approved by the food and drug administration for marketing only as a suppository.
c. Any substance that contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, except those substances which are specifically listed in other schedules thereof.
d. Chlorhexadol.
e. Embutramide.
f. Gamma-hydroxybutyric acid in a United States food and drug administrationapproved drug product.
g. Ketamine.
h. Lysergic acid.
i. Lysergic acid amide.
j. Methyprylon.
k. Sulfondiethylmethane.
l. Sulfonethylmethane.
m. Sulfonmethane.
n. Tiletamine and zolazepam or any salt thereof. Some trade or other names for a tiletamine-zolazepam combination product: Telazol. Some trade or other names for tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone. Some trade or other names for zolazepam: 4-2(2-fluorophenyl)-6, 8-dihydro-1,3,8-trimethylpyrazolo- [3,4-e][1,4]-diazepin-7(1H)-one, flupyrazapon.

5. Nalorphine.

6. Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below:
a. (1) Not more than 1.80 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium.
(2) Not more than 1.80 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
(3) Not more than 300 milligrams of hydrocodone per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium.
(4) Not more than 300 milligrams of hydrocodone per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
(5) Not more than 1.80 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
(6) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
(7) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
(8) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
b. Buprenorphine.

7. Anabolic steroids. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any of the following
anabolic steroids:
a. 3beta,17-dihydroxy-5a-androstane;
b. 3alpha,17beta-dihydroxy-5a-androstane;
c. 5alpha-androstan-3,17-dione;
d. 1-androstenediol (3beta,17beta-dihydroxy-5alpha-androst-1-ene);
e. 1-androstenediol (3alpha,17beta-dihydroxy-5alpha-androst-1-ene);
f. 4-androstenediol (3beta,17beta-dihydroxy-4-ene);
g. 5-androstenediol (3beta,17beta-dihydroxy-androst-5-ene);
h. 1-androstenedione ([5alpha]-androst-1-en-3,17-dione);
i. 4-androstenedione (androst-4-en-3,17-dione);
j. 5-androstenedione (androst-5-en-3,17-dione);
k. Bolasterone (7alpha,17alpha-dimethyl-17beta-hydroxyandrost-4-en-3-one);
l. Boldenone (17beta-hydroxyandrost-1,4,-diene-3-one);
m. Boldione (androsta-1,4-diene-3,17-dione);
n. Calusterone (7beta,17alpha-dimethyl-17beta-hydroxyandrost-4-en-3-one);
o. Clostebol (4-chloro-17beta-hydroxyandrost-4-en-3-one);
p. Dehydrochloromethyltestosterone (4-chloro-17beta-hydroxy-17alpha-methylandrost-1,4-dien-3-one);
q. Delta-1-dihydrotestosterone (also known as '1-testosterone') (17beta-hydroxy- 5alpha-androst-1-en-3-one);
r. Desoxymethyltestosterone (17a-methyl-5a-androst-2-en-17ol) (also known as madol);
s. 4-dihydrotestosterone (17beta-hydroxy-androstan-3-one);
t. Drostanolone (17beta-hydroxy-2alpha-methyl-5alpha-androstan-3-one);
u. Ethylestrenol (17alpha-ethyl-17beta-hydroxyestr-4-ene);
v. Fluoxymesterone (9-fluoro-17alpha-methyl-11beta, 17beta-dihydroxyandrost-4- en-3-one);
w. Formebolone (2-formyl-17alpha-methyl-11alpha, 17beta-dihydroxyandrost-1,4- dien-3-one);
x. Furazabol (17alpha-methyl-17beta-hydroxyandrostano[2,3-c]-furazan);
y. 13beta-ethyl-17alpha-hydroxygon-4-en-3-one;
z. 4-hydroxytestosterone (4,17beta-dihydroxy-androst-4-en-3-one);
aa. 4-hydroxy-19-nortestosterone (4,17beta-dihydroxy-estr-4-en-3-one);
bb. Mestanolone (17alpha-methyl-17beta-hydroxy-5-androstan-3-one);
cc. Mesterolone (1alpha-methyl-17beta-hydroxy-[5alpha]-androstan-3-one);
dd. Methandienone (17alpha-methyl-17beta-dihydroxyandrost-1,4-dien-3-one);
ee. Methandriol (17alpha-methyl-3beta,17beta-dihydroxyandrost-5-ene);
ff. Methasterone (2[alpha],17[alpha]-dimethyl-5[alpha]-androstan-17[beta]-ol-3-one);
gg. Methenolone (1-methyl-17beta-hydroxy-5alpha-androst-1-en-3-one);
hh. 17alpha-methyl-3beta,17beta-dihydroxy-5a-androstane;
ii. 17alpha-methyl-3alpha,17beta-dihydroxy-5a-androstane;
jj. 17alpha-methyl-3beta,17beta-dihyroxyandrost-4-ene;
kk. 17alpha-methyl-4-hydroxynandrolone (17alpha-methyl-4-hydroxy-17betahydroxyestr- 4-en-3-one);
ll. Methyldienolone (17alpha-methyl-17beta-hydroxyestra-4,9(10)-dien-3-one);
mm. Methyltrienolone (17alpha-methyl-17beta-hydroxyestra-4,9(11)-trien-3-one);
nn. Methyltestosterone (17alpha-methyl-17beta-hydroxyandrost-4-en-3-one);
oo. Mibolerone (7alpha,17alpha-dimethyl-17beta-hydroxyestr-4-en-3-one);
pp. 17alpha-methyl-delta1-dihydrotestosterone (17bbeta-hydroxy-17alpha-methyl- 5alpha-androst-1-en-3-one) (also known as '17-alpha-methyl-1-testosterone');
qq. Nandrolone (17beta-hydroxyestr-4-en-3-one);
rr. 19-nor-4-androstenediol (3beta,17beta-dihydroxyestr-4-ene);
ss. 19-nor-4-androstenediol (3alpha,17beta-dihydroxyestr-4-ene);
tt. 19-nor-5-androstenediol (3beta,17beta-dihydroxyestr-5-ene);
uu. 19-nor-5-androstenediol (3alpha,17-beta-dihydroxyester-5-ene);
vv. 19-nor-4-androstenedione (estr-4-en-3,17-dione);
ww. 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione);
xx. 19-nor-5-androstenedione (estr-5-en-3,17-dione);
yy. Norboletheone (13beta,17alpha-diethyl-17beta-hydroxygon-4-en-3-one);
zz. Norclostebol (4-chloro-17beta-hydroxyestr-4-en-3-one);
aaa. Norethandrolone (17alpha-ethyl-17beta-hydroxyestr-4-en-3-one);
bbb. Normethandrolone (17alpha-methyl-17beta-hydroxyestr-4-en-3-one);
ccc. Oxandrolone (17alpha-methyl-17beta-hydroxy-2-oxa-[5alpha]-androstan-3-one);
ddd. Oxymesterone (17alpha-methyl-4-17beta-dihydroxyandrost-4-en-3-one);
eee. Oxymetholone (17alpha-methyl-2-hydroxymethylene-17beta-hydroxy [5alpha]- androstan-3-one);
fff. Stanozolol (17alpha-methyl-17beta-hydroxy[5alpha]-androst-2-eno[3,2-c]- pyrazole);
ggg. Stenbolone (17beta-hydroxy-2-methyl-[5alpha]-androst-1-en-3-one);
hhh. Prostanozol (17[beta]- hydroxy-5[alpha]-androstano[3,2-c]pyrazole);
iii. Testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone);
jjj. Testosterone (17beta-hydroxyandrost-4-en-3-one);
kkk. Tetrahydrogestrinone (13beta,17alpha-diethyl-17beta-hydroxygon-4,9,11-trien-3- one);
lll. Trenbolone (17beta-hydroxyestr-4,9,11-trien-3-one);
or any salt, ester, or isomer of a drug or substance described or listed in this subsection, if that salt, ester, or isomer promotes muscle growth.
The term does not include an anabolic steroid that is expressly intended for administration through implants to cattle or other nonhuman species and which has
been approved by the secretary of health and human services for administration unless any person prescribes, dispenses, possesses, delivers, or distributes for
human use.

8. Hallucinogenic substances.
a. Dronabinol (synthetic) [(-)-delta-9-(trans)-tetrahydrocannabinol] in sesame oil and encapsulated in a soft gelatin capsule in a United States food and drug
administration-approved drug product.
b. Any product in hard or soft gelatin capsule form containing natural dronabinol (derived from the cannabis plant) or synthetic dronabinol (produced from synthetic materials) in sesame oil, for which an abbreviated new drug application has been approved by the food and drug administration under section 505(j) of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 355(j)] which references as its listed drug the drug product referred to in subdivision a.

9. The board may except by rule any compound, mixture, or preparation containing any stimulant or depressant substance listed in subsections 3 and 4 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 substances which have a stimulant or depressant effect on the central nervous system.

19-03.1-11
Schedule IV

1. The controlled substances listed in this section are included in schedule IV.

2. Schedule IV consists of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.

3. Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below:
a. Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.
b. Dextropropoxyphene (also known as alpha-(+)-4-dimethylamino- 1,2-diphenyl-3- methyl-2-propionoxybutane).
c. Tramadol.

4. Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any quantity of the following
substances, including their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:
a. Alprazolam.
b. Barbital.
c. Bromazepam.
d. Camazepam.
e. Carisoprodol.
f. Chloral betaine.
g. Chloral hydrate.
h. Chlordiazepoxide.
i. Clobazam.
j. Clonazepam.
k. Clorazepate.
l. Clotiazepam.
m. Cloxazolam.
n. Delorazepam.
o. Diazepam.
p. Dichloralphenazone.
q. Estazolam.
r. Ethchlorvynol.
s. Ethinamate.
t. Ethyl loflazepate.
u. Fludiazepam.
v. Flurazepam.
w. Fospropofol.
x. Halazepam.
y. Haloxazolam.
z. Indiplon.
aa. Ketazolam.
bb. Loprazolam.
cc. Lorazepam.
dd. Lorcaserin.
ee. Lormetazepam.
ff. Mebutamate.
gg. Medazepam.
hh. Meprobamate.
ii. Methohexital.
jj. Methylphenobarbital (also known as mephobarbital).
kk. Midazolam.
ll. Nimetazepam.
mm. Nitrazepam.
nn. Nordiazepam.
oo. Oxazepam.
pp. Oxazolam.
qq. Paraldehyde.
rr. Petrichloral.
ss. Phenobarbital.
tt. Pinazepam.
uu. Propofol.
vv. Prazepam.
ww. Quazepam.
xx. Temazepam.
yy. Tetrazepam.
zz. Triazolam.
aaa. Zaleplon.
bbb. Zolpidem.
ccc. Zopiclone.

5. Fenfluramine. Any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers (whether optical,
position, or geometric), and salts of such isomers, whenever the existence of such salts, isomers, and salts of isomers is possible: Fenfluramine.

6. Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers:
a. Cathine.
b. Diethylpropion.
c. Fencamfamin.
d. Fenproporex.
e. Mazindol.
f. Mefenorex.
g. Modafinil.
h. Pemoline (including organometallic complexes and chelates thereof).
i. Phentermine.
j. Pipradrol.
k. Sibutramine.
l. SPA ((-)-1-dimethylamino-1, 2-diphenylethane).

7. Other substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of:
a. Pentazocine, including its salts.
b. Butorphanol, including its optical isomers.
8. The board may except by rule any compound, mixture, or preparation containing any depressant substance listed in subsection 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 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 substances which have a
depressant effect on the central nervous system.

19-03.1-13
Schedule V

1. The controlled substances listed in this section are included in schedule V.

2. Schedule V consists of the drugs and other substances, by whatever official name,common or usual name, chemical name, or brand name designated, listed in this
section.

3. Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs and their salts.

4. Narcotic drugs containing nonnarcotic active medicinal ingredients. Any compound, mixture, or preparation containing any of the following narcotic drugs, or their salts
calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below, which includes 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.
f. Not more than 0.5 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.

5. 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 having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts,
isomers, and salts of isomers is possible:
a. Ezogabine N-[2-amino-4-(4-fluorobenzylamino)-phenyl]-carbamic acid ethyl ester.
b. Lacosamide [(R)-2-acetoamido-N-benzyl-3-methoxy-propionamide].
c. Pregabalin [(S)-3-(aminomethyl)-5-methylhexanoic acid].

6. Stimulants. Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation containing any quantity of
the following substances having a stimulant effect on the central nervous system, including their salts, isomers, and salts of isomers: Pyrovalerone.

19-03.1-22.1
Volatile chemicals - Inhalation of vapors prohibited - Definitions - Penalty

An individual is guilty of a class B misdemeanor if that individual intentionally inhales the vapors of a volatile chemical in a manner designed to affect the individual's central nervous system; to create or induce a condition of intoxication, hallucination, or elation; or to distort, disturb, or change the individual's eyesight, thinking processes, balance, or coordination. This section does not apply to inhalations specifically prescribed for medical, dental, or optometric treatment purposes or to controlled substances described in this chapter. For the purposes of this section, "volatile chemical" includes the following chemicals or their isomers:

1. Acetone.
2. Aliphatic hydrocarbons.
3. Amyl nitrite.
4. Butane.
5. Butyl nitrite.
6. Carbon tetrachloride.
7. Chlorinated hydrocarbons.
8. Chlorofluorocarbons.
9. Chloroform.
10. Cyclohexane.
11. Diethyl ether.
12. Ethyl acetate.
13. Fluorocarbon.
14. Glycol ether inter solvent.
15. Glycol ether solvent.
16. Hexane.
17. Ketone solvent.
18. Methanol.
19. Methyl cellosolve acetate.
20. Methyl ethyl ketone.
21. Methyl isobutyl ketone.
22. Nitrous oxide.
23. Petroleum distillate.
24. Toluene.
25. Trichloroethane.
26. Trichloroethylene.
27. Xylol or xylene.

19-03.1-22.2
Endangerment of child or vulnerable adult

1. For purposes of this section:
a. "Chemical substance" means a substance intended to be used as a precursor in the manufacture of a controlled substance or any other chemical intended to be used in the manufacture of a controlled substance. Intent under this subsection may be demonstrated by the substance's use, quantity, manner of storage, or proximity to other precursors or to manufacturing equipment.
b. "Child" means an individual who is under the age of eighteen years.
c. "Controlled substance" means the same as that term is defined in section 19-03.1-01, except the term does not include less than one-half ounce of marijuana.
d. "Drug paraphernalia" means the same as that term is defined in section 19-03.4-01.
e. "Prescription" means the same as that term is described in section 19-03.1-22.
f. "Vulnerable adult" means either a disabled adult or vulnerable elderly adult as those terms are defined in section 12.1-31-07.

2. Unless a greater penalty is otherwise provided by law, a person who knowingly or intentionally causes or permits a child or vulnerable adult to be exposed to, to ingest or
inhale, or to have contact with a controlled substance, chemical substance, or drug paraphernalia as defined in subsection 1, is guilty of a class C felony.

3. Unless a greater penalty is otherwise provided by law, a person who violates subsection 2, and a child or vulnerable adult actually suffers bodily injury by exposure to, ingestion of, inhalation of, or contact with a controlled substance, chemical substance, or drug paraphernalia, is guilty of a class B felony unless the exposure, ingestion, inhalation, or contact results in the death of the child or vulnerable adult, in which case the person is guilty of a class A felony.

4. It is an affirmative defense to a violation of this section that the controlled substance was provided by lawful prescription for the child or vulnerable adult and that it was
administered to the child or vulnerable adult in accordance with the prescription instructions provided with the controlled substance.

19-03.1-22.3
Ingesting a controlled substance - Venue for violation - Penalty

A person who intentionally ingests, inhales, or otherwise takes into the body a controlled substance, unless the substance was obtained directly from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of the practitioner's professional practice, is guilty of a class A misdemeanor. The venue for a violation of this section exists in either the jurisdiction in which the controlled substance was ingested, inhaled, or otherwise taken into the body or the jurisdiction in which the controlled substance was detected in the body of the accused.

19-03.1-22.4
Controlled substances dispensed by means of the internet

1. As used in this section:
a. "Covering practitioner" means, with respect to a patient, a practitioner who conducts a medical evaluation, other than an in-person medical evaluation, at the
request of a practitioner who:
(1) Has conducted at least one in-person medical evaluation of the patient or an evaluation of the patient through the practice of telemedicine, within the previous twenty-four months; and
(2) Is temporarily unavailable to conduct the evaluation of the patient.
b. "Deliver, distribute, or dispense by means of the internet" refers, respectively, to delivery, distribution, or dispensing of a controlled substance that is caused or facilitated by means of the internet.
c. "In-person medical evaluation" means a medical evaluation that is conducted with the patient in the physical presence of the practitioner, without regard to whether
portions of the evaluation are conducted by other health professionals.
d. "Internet" and "practice of telemedicine" have the meanings set forth in the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 [Pub. L. 110-425; 21 U.S.C. 802-803].
e. "Valid prescription" means a prescription that is issued for a legitimate medical purpose in the usual course of professional practice by a:
(1) Practitioner who has conducted at least one in-person medical evaluation of the patient; or
(2) Covering practitioner.

2. A controlled substance that is a prescription drug may not be delivered, distributed, or dispensed by means of the internet without a valid prescription, but nothing in this
subsection may be construed to imply that one in-person medical evaluation by itself demonstrates that a prescription has been validly issued for a legitimate medical
purpose within the usual course of professional practice.

3. This section applies to the delivery, distribution, and dispensing of a controlled substance by means of the internet from a location whether within or outside this state
to a person or an address in this state.

4. Nothing in this section applies to the delivery, distribution, or dispensing of a controlled substance by a practitioner engaged in the practice of telemedicine in accordance with applicable federal and state laws.

5. Nothing in this section may be construed as authorizing, prohibiting, or limiting the use of electronic prescriptions for controlled substances.

19-03.1-22.5
Controlled substance analog use - Venue for violation - Penalty

1. The use of controlled substance analog includes the ingestion, inhalation, absorption, or any other method of taking the controlled substance analog into the body. An individual who intentionally uses a controlled substance analog is guilty of a class C felony, unless the individual obtains the analog directly from a practitioner or pursuant to a valid prescription or order of a practitioner.

2. The venue for a violation under this section exists in the jurisdiction in which the substance was used or in which the substance was detected.

19-03.1-23
Prohibited acts A - Mandatory terms of imprisonment and fines - Unclassified offenses - Penalties

1. Except as authorized by this chapter, it is unlawful for any person to willfully, as defined in section 12.1-02-02, manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance, or to deliver, distribute, or dispense a controlled substance by means of the internet, but any person who violates section 12-46-24 or 12-47-21 may not be prosecuted under this subsection. Any person who violates this subsection with respect to:
a. A controlled substance classified in schedule I or II which is a narcotic drug, or methamphetamine, is guilty of a class A felony and must be sentenced:
(1) For a second offense, to imprisonment for at least five years.
(2) For a third or subsequent offense, to imprisonment for twenty years.
b. Any other controlled substance classified in schedule I, II, or III, or a controlled substance analog is guilty of a class B felony. Except for a person who manufactures, delivers, or possesses with the intent to manufacture or deliver marijuana, any person found guilty under this subdivision must be sentenced:
(1) For a second offense, to imprisonment for at least three years.
(2) For a third or subsequent offense, to imprisonment for ten years.
c. A substance classified in schedule IV, is guilty of a class C felony and must be sentenced:
(1) For a second offense, to imprisonment for at least six months.
(2) For a third offense, to imprisonment for at least one year.
(3) For a fourth or subsequent offense, to imprisonment for five years.
d. A substance classified in schedule V, is guilty of a class A misdemeanor.

2. Except as authorized by this chapter, it is unlawful for any person to willfully, as defined in section 12.1-02-02, create, deliver, distribute, or dispense a counterfeit substance by means of the internet or any other means, or possess with intent to deliver, a counterfeit substance by means of the internet or any other means, but any person who violates section 12-46-24 or 12-47-21 may not be prosecuted under this subsection. Any person who violates this subsection with respect to:
a. A counterfeit substance classified in schedule I or II which is a narcotic drug, is guilty of a class A felony.
b. Any other counterfeit substance classified in schedule I, II, or III, is guilty of a class B felony.
c. A counterfeit substance classified in schedule IV, is guilty of a class C felony.
d. A counterfeit substance classified in schedule V, is guilty of a class A misdemeanor.

3. For second or subsequent offenders, in addition to any other penalty imposed under this section, a person who violates this chapter, except a person who manufactures,
delivers, or possesses with the intent to manufacture or deliver marijuana, is subject to, and the court shall impose, the following penalties to run consecutively to any other
sentence imposed:
a. Any person, eighteen years of age or older, who violates this section by willfully manufacturing, delivering, or possessing with intent to manufacture or deliver a controlled substance in or on, or within one thousand feet [300.48 meters] of the real property comprising a public or private elementary or secondary school or a
public career and technical education school is subject to an eight-year term of imprisonment.
b. If the defendant was at least twenty-one years of age at the time of the offense, and delivered a controlled substance to a person under the age of eighteen, the
defendant must be sentenced to imprisonment for at least eight years. It is not a defense that the defendant did not know the age of a person protected under this subdivision.

4. A person at least eighteen years of age who solicits, induces, intimidates, employs, hires, or uses a person under eighteen years of age to aid or assist in the
manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance for the purpose of receiving consideration or payment for the manufacture or delivery of any controlled substance is guilty of a class B felony and must be sentenced:
a. For a second or subsequent offense, to imprisonment for at least five years.
b. It is not a defense to a violation of this subsection that the defendant did not know the age of a person protected under this subsection.

5. A violation of this chapter or a law of another state or the federal government which is equivalent to an offense under this chapter committed while the offender was an adult and which resulted in a plea or finding of guilt must be considered a prior offense under subsections 1, 3, and 4. The prior offense must be alleged in the complaint,
information, or indictment. The plea or finding of guilt for the prior offense must have occurred before the date of the commission of the offense or offenses charged in the
complaint, information, or indictment.

6. It is unlawful for a person to willfully, as defined in section 12.1-02-02:
a. Serve as an agent, intermediary, or other entity that causes the internet to be used to bring together a buyer and seller to engage in the delivery, distribution, or
dispensing of a controlled substance in a manner not authorized by this chapter;
or
b. Offer to fill or refill a prescription for a controlled substance based solely on a consumer's completion of an online medical questionnaire.
A person who violates this subsection is guilty of a class C felony.

7. It is unlawful for any person to willfully, as defined in section 12.1-02-02, possess a controlled substance or a controlled substance analog unless the substance was
obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner's professional practice, or except as
otherwise authorized by this chapter, but any person who violates section 12-46-24 or 12-47-21 may not be prosecuted under this subsection. Except as otherwise provided in this subsection, any person who violates this subsection is guilty of a class C felony. If, at the time of the offense the person is in or on, or within one thousand feet [300.48 meters] of the real property comprising a public or private elementary or secondary school or a public career and technical education school, the person is guilty of a class B felony. Any person who violates this subsection regarding possession of one-half ounce [14.175 grams] to one ounce [28.35 grams] of marijuana is guilty of a  class A misdemeanor. Any person, except a person operating a motor vehicle, who violates this subsection regarding possession of less than one-half ounce
[14.175 grams] of marijuana is guilty of a class B misdemeanor. Any person who violates this subsection regarding possession of less than one-half ounce
[14.175 grams] of marijuana while operating a motor vehicle is guilty of a class A misdemeanor.

8. Except as provided by section 19-03.1-45, a court may order a person who violates this chapter or chapter 19-03.4 to undergo a drug addiction evaluation by a licensed
addiction counselor. The evaluation must indicate the prospects for rehabilitation and whether addiction treatment is required. If ordered, the evaluation must be submitted to the court before imposing punishment for a felony violation or a misdemeanor violation.

9. When a person pleads guilty or is found guilty of a first offense regarding possession of one ounce [28.35 grams] or less of marijuana and a judgment of guilt is entered, a
court, upon motion, shall seal the court record of that conviction if the person is not subsequently convicted within two years of a further violation of this chapter and has
not been convicted of any other criminal offense. Once sealed, the court record may not be opened even by order of the court

19-03.1-23.1
Increased penalties for aggravating factors in drug offenses

1. A person who violates section 19-03.1-23 is subject to the penalties provided insubsection 2 if:
a. The offense involved the manufacture, delivery, or possession, with intent to manufacture or deliver a controlled substance in or on, or within one thousand feet [300.48 meters] of, the real property comprising a child care or preschool facility, public or private elementary or secondary school, public career and technical education school, or a public or private college or university;
b. The defendant was at least sixteen years of age at the time of the offense and the offense involved the delivery of a controlled substance to a minor;
c. The offense involved:
(1) Fifty grams or more of a mixture or substance containing a detectable amount of heroin;
(2) Fifty grams or more of a mixture or substance containing a detectable amount of:
(a) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;
(b) Cocaine, its salts, optical and geometric isomers, and salts of isomers;
(c) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
(d) Any compound, mixture, or preparation that contains any quantity of any of the substance referred to in subparagraphs a through c;
(3) Five grams or more of a mixture or substance described in paragraph 2 which contains cocaine base;
(4) Ten grams or more of phencyclidine or one hundred grams or more of a mixture or substance containing a detectable amount of phencyclidine;
(5) One gram, one hundred dosage units, or one-half liquid ounce or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide;
(6) Forty grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or ten grams or more of a mixture or substance containing a detectable amount of any analog of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide;
(7) Fifty grams or more of a mixture or substance containing a detectable amount of methamphetamine;
(8) Ten grams, one hundred dosage units, or one-half liquid ounce or more of a mixture or substance containing a detectable amount of 3,4-methylenedioxy-N-methylamphetamine, C11H15NO2;
(9) One hundred dosage units or one-half liquid ounce of a mixture or substance containing a detectable amount of gamma-hydroxybutyrate or gamma-butyrolactone or 1,4 butanediol or any substance that is an analog of gamma-hydroxybutyrate;
(10) One hundred dosage units or one-half liquid ounce of a mixture or substance containing a detectable amount of flunitrazepam; or
(11) Five hundred grams or more of marijuana; or
d. The defendant had a firearm in the defendant's actual possession at the time of the offense.

2. The offense is:
a. A class AA felony if the violation of section 19-03.1-23 is designated as a class A felony.
b. A class A felony if the violation of section 19-03.1-23 is designated as a class B felony.
c. A class B felony if the violation of section 19-03.1-23 is designated as a class C felony.
d. A class C felony if the violation of section 19-03.1-23 is designated as a class A misdemeanor.

19-03.1-23.2
Mandatory terms of imprisonment - Deferred or suspended sentence limited

Whenever a mandatory term of imprisonment is prescribed as a penalty for violation of this chapter, the court may not defer imposition of sentence, nor may the court suspend any part of a specified mandatory term, either at the time of or after the imposition of the sentence, unless the court first finds that the offense was the defendant's first violation of this chapter, chapter 19-03.2, or chapter 19-03.4 and that extenuating or mitigating circumstances exist which justify a suspension. The court shall announce the circumstances that justify a suspension in open court when sentence is imposed and recite these circumstances in the sentence or order suspending part of the sentence.

19-03.1-23.3
Drug currency forfeiture

1. There is a presumption of forfeiture for money, coin, currency, and everything of value, furnished or intended to be furnished, in exchange for a controlled substance in violation of chapter 19-03.1 or imitation controlled substance in violation of chapter 19-03.2, if the state offers a reasonable basis to believe, based on the following
circumstances, that there is a substantial connection between the property and an offense listed in chapter 19-03.1 or 19-03.2:
a. The property at issue is currency in excess of ten thousand dollars which, at the time of seizure, was being transported through an airport, on a highway, or at a
port-of-entry, and the property was packaged or concealed in a highly unusual manner, the person transporting the property provided false information to any
law enforcement officer who lawfully stopped the person for investigative purposes, the property was found in close proximity to a measurable quantity of
any controlled substance, or the property was the subject of a positive alert by a properly trained dog;
b. The property at issue was acquired during a period of time when the person who acquired the property was engaged in an offense under chapter 19-03.1 or 19-03.2 or within a reasonable time after the period, and there is no likely source for the property other than that offense;
c. The property at issue was, or was intended to be, transported, transmitted, or transferred to or from a major drug-transit country, a major illicit drug-producing country, or a major money-laundering country, and the transaction giving rise to the forfeiture:
(1) Occurred in part in a state or foreign country whose bank secrecy laws render this state unable to obtain records relating to the transaction; or
(2) Was conducted by, to, or through a corporation that does not conduct any ongoing and significant commercial or manufacturing business or any other form of commercial operation which was not engaged in any legitimate business activity; or
d. A person involved in the transaction giving rise to the forfeiture action has been convicted in a federal, state, or foreign jurisdiction of an offense equivalent to an
offense under chapter 19-03.1 or 19-03.2 or a felony involving money laundering, or is a fugitive from prosecution for any of these offenses.

2. The presumption in this section does not preclude the use of other presumptions or the establishment of probable cause based on criteria other than those set forth in this
section.

19-03.1-24
Prohibited acts B - Penalties

1. It is unlawful for any person:
a. Who is subject to the provisions of sections 19-03.1-15 through 19-03.1-22 to distribute or dispense a controlled substance in violation of section 19-03.1-22;
b. Who is a registrant, to manufacture a controlled substance not authorized by their registration, or to distribute or dispense a controlled substance not authorized by
their registration to another registrant or other authorized person;
c. To refuse or fail to make, keep, or furnish any record, notification, order form, statement, invoice, or information required under this chapter;
d. To refuse an entry into any premises for any inspection authorized by this chapter; or
e. Knowingly to 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.

2. Any person who violates this section is guilty of a class C felony.

19-03.1-25
Prohibited acts C - Penalties

1. It is unlawful for any person:
a. To distribute as a registrant a controlled substance classified in schedule I or II, except pursuant to an order form as required by section 19-03.1-21;
b. 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;
c. To acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge;
d. 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
e. 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.

2. Any person who violates this section is guilty of a class C felony.

19-03.1-26
Disposing of needles and paraphernalia - Penalty

Any registrant who shall use, administer, or dispense or cause to be used, administered, or dispensed any drug or controlled substance in a manner requiring the use of any type of syringe, needle, eyedropper, or other similar paraphernalia shall destroy and dispose of said syringe, needle, eyedropper, or other similar paraphernalia in a manner that will prevent its reuse by any person other than the registrant. The board may adopt rules pursuant to chapter 28-32 setting out the specific manner in which the provisions of this section must be carried out. Any registrant who violates the provisions of this section is guilty of a class A misdemeanor.

19-03.1-27
Penalties under other laws

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.

19-03.1-28
Bar to prosecution

If a violation of this chapter is a violation of a federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state.

19-03.1-32
Powers of enforcement personnel - Search warrants

1. Any officer of the bureau of criminal investigation designated by the attorney general of this state may:
a. Carry firearms in the performance of official duties.
b. Execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas, and summonses issued under the authority of this state.
c. Make arrests without warrant for any offense under this chapter committed in the officer's presence, or if the officer has 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.
d. Make seizures of property pursuant to this chapter.
e. Perform other law enforcement duties as the attorney general designates.

2. A search warrant relating to offenses involving controlled substances may be issued and executed at any time of the day or night, if the judge or magistrate issuing the warrant so specifies in the warrant.

3. Any officer authorized to execute a search warrant, without notice of the officer's authority and purpose, may break open an outer or inner door or window of a building,
or any part of the building, or anything therein, if the judge or magistrate issuing the warrant has probable cause to believe that if such notice were to be given the property
sought in the case may be easily and quickly destroyed or disposed of, or that danger to the life or limb of the officer or another may result, and has included in the warrant a
direction that the officer executing it is not required to give such notice. Any officers acting under such warrant, as soon as practicable after entering the premises, shall
identify themselves and state the purpose of entering the premises and the authority for doing so.

19-03.1-33
Administrative inspections and warrants

1. Issuance and execution of administrative inspection warrants must be as follows:
a. A district judge within a district judge's jurisdiction, and upon proper oath or affirmation showing probable cause, may issue warrants for the purpose of conducting administrative inspections authorized by this chapter or rules hereunder and seizures of property appropriate to the inspections. For purposes of the issuance of administrative inspection warrants, probable cause exists upon showing a valid public interest in the effective enforcement of this chapter or rules thereunder, sufficient to justify administrative inspection of the area, premises, building, or conveyance in the circumstances specified in the application for the warrant.
b. A warrant may issue only upon an affidavit of a designated officer or employee having knowledge of the facts alleged, sworn to before the judge or magistrate and establishing the grounds for issuing the warrant. If the judge or magistrate is satisfied that grounds for the application exist or that there is probable cause to believe they exist, the judge or magistrate shall issue a warrant identifying the area, premises, building, or conveyance to be inspected, the purpose of the inspection, and, if appropriate, the type of property to be inspected, if any. The warrant must:
(1) State the grounds for its issuance and the name of each person whose affidavit has been taken in support thereof;
(2) Be directed to a person authorized to execute it;
(3) Command the person to whom it is directed to inspect the area, premises, building, or conveyance identified for the purpose specified and, if appropriate, direct the seizure of the property specified;
(4) Identify the item or types of property to be seized, if any; and
(5) Direct that it be served during normal business hours and designate the judge or magistrate to whom it shall be returned.
c. A warrant issued pursuant to this section must be executed and returned within ten days of its date unless, upon a showing of a need for additional time, the court orders otherwise. If property is seized pursuant to a warrant, a copy must be given to the person from whom or from whose premises the property is taken, together with a receipt for the property taken. The return of the warrant must be made promptly, accompanied by a written inventory of any property taken. The inventory must be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken, if present, or in the presence of at least one credible person other than the person executing the warrant. A copy of the inventory must be delivered to the person from whom or from whose premises the property was taken and to the applicant for the warrant.
d. The judge or magistrate who has issued a warrant shall attach thereto a copy of the return and all papers returnable in connection therewith and file them with the clerk of the district court for the county in which the inspection was made.

2. The board may make administrative inspections of controlled premises in accordance with the following provisions:
a. For purposes of this section only, "controlled premises" means:
(1) Places where persons registered or exempted from registration requirements under this chapter are required to keep records; and
(2) Places, including factories, warehouses, establishments, and conveyances in which persons registered or exempted from registration requirements
under this chapter are permitted to hold, manufacture, compound, process, sell, deliver, or otherwise dispose of any controlled substance.
b. When authorized by an administrative inspection warrant issued pursuant to subsection 1, an officer or employee designated by the board, upon presenting the warrant and appropriate credentials to the owner, operator, or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection.
c. When authorized by an administrative inspection warrant, an officer or employee designated by the board may:
(1) Inspect and copy records required by this chapter to be kept;
(2) Inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found therein, and, except as provided in subdivision e, all other things therein, including records, files, papers, processes, controls, and facilities bearing on violation of this chapter; and
(3) Inventory any stock of any controlled substance therein and obtain samples thereof.
d. This section does not prevent the inspection without a warrant of books and records pursuant to an administrative subpoena issued in accordance with section 28-32-33, nor does it prevent entries and administrative inspections, including seizures of property, without a warrant:
(1) If the owner, operator, or agent in charge of the controlled premises consents;
(2) In situations presenting imminent danger to health or safety;
(3) In situations involving inspection of conveyances if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;
(4) In any other exceptional emergency circumstances in which time or opportunity to apply for a warrant is lacking; or
(5) In all other situations in which a warrant is not constitutionally required. e. An inspection authorized by this section may not extend to financial data, sales data, other than shipment data, or pricing data unless the owner, operator, or agent in charge of the controlled premises consents in writing.

19-03.2-01
Definitions

1. "Controlled substance" means a substance as defined in section 19-03.1-01.

2. "Distribute" means the actual, constructive, or attempted transfer, delivery, or dispensing to another of an imitation controlled substance.

3. "Imitation controlled substance" means a substance that is not a controlled substance, but which by appearance, including color, shape, size, markings, or packaging, or by
representations made, would lead a reasonable person to believe that the substance is a controlled substance.

4. "Manufacture" means producing, preparing, compounding, processing, encapsulating, packaging, repackaging, labeling, or relabeling of an imitation controlled substance

19-03.2-02
Determination of imitation controlled substance

When the appearance of the dosage unit is not reasonably sufficient to establish that the substance is an "imitation controlled substance" as in the case of a powder or a liquid
substance, the court or authority concerned should consider, in addition to all other logically relevant factors, all of the following factors as related to "representations made" in determining whether the substance is an "imitation controlled substance":

1. Statements made by an owner or by anyone else in control of the substance concerning the nature of the substance or its use or effect.

2. Statements made to the recipient that the substance may be resold for inordinate profit.

3. Whether the substance is packaged in a manner normally used for illicit controlled substances.

4. Evasive tactics or actions utilized by the owner or person in control of the substance to avoid detection by law enforcement authorities.

5. Prior convictions, if any, of an owner, or anyone in control of the object, under state or federal law related to controlled substances, imitation controlled substances, or fraud.

6. The proximity of the substances to controlled substances.

19-03.2-03
Prohibited acts - Penalties - Exception

1. It is a class C felony for any person to manufacture, distribute, or possess with intent to distribute, an imitation controlled substance.

2. It is a class C felony for a 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 of imitation controlled substances.

3. It is a class B misdemeanor for a person to use, or to possess with intent to use, an imitation controlled substance.

4. It is not a defense that the defendant believed the substance actually to be a controlled substance.

5. No civil or criminal liability may be imposed by virtue of this chapter on any person registered under chapter 19-03.1 who manufactures, distributes, or possesses an imitation controlled substance for use as a placebo by a registered practitioner in the course of professional practice or research.

19-03.4-01
Definition - Drug paraphernalia

In this chapter, unless the context otherwise requires, "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 chapter 19-03.1. The term includes:

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, compounding, converting, producing, processing, or preparing controlled substances.

3. Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance.

4. Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of controlled substances.

5. Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances.

6. Diluents and adulterants, including quinine hydrochloride, mannitol, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances.

7. Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.

8. Blenders, bowls, containers, spoons, grinders, and mixing devices used, intended for use, or designed for use in compounding, manufacturing, producing, processing, or
preparing controlled substances.

9. Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances.

10. Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances or products or materials used or intended for use in manufacturing, producing, processing, or preparing controlled substances.

11. Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body.

12. Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, including:
a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls.
b. Water pipes.
c. Carburetion tubes and devices.
d. Smoking and carburetion masks.
e. Objects, sometimes commonly referred to as roach clips, used to hold burning material, for example, a marijuana cigarette, that has become too small or too short to be held in the hand.
f. Miniature cocaine spoons and cocaine vials.
g. Chamber pipes.
h. Carburetor pipes.
i. Electric pipes.
j. Air-driven pipes.
k. Chillums.
l. Bongs.
m. Ice pipes or chillers.

13. Ingredients or components to be used or intended or designed to be used in manufacturing, producing, processing, preparing, testing, or analyzing a controlled substance, whether or not otherwise lawfully obtained, including anhydrous ammonia, nonprescription medications, methamphetamine precursor drugs, or lawfully dispensed controlled substances.

19-03.4-02
Drug paraphernalia - Guidelines

In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors:

1. Statements by an owner or by anyone in control of the object concerning its use.

2. Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance.

3. The proximity of the object, in time and space, to a direct violation of chapter 19-03.1.

4. The proximity of the object to controlled substances.

5. The existence of any residue of controlled substances on the object.

6. Direct or circumstantial evidence of the intent of an owner, or of any person in control of the object, to deliver the object to another person whom the owner or person in
control of the object knows, or should reasonably know, intends to use the object to facilitate a violation of chapter 19-03.1. The innocence of an owner, or of any person in
control of the object, as to a direct violation of chapter 19-03.1 may not prevent a finding that the object is intended or designed for use as drug paraphernalia.

7. Instructions, oral or written, provided with the object concerning the object's use.

8. Descriptive materials accompanying the object which explain or depict the object's use.

9. National and local advertising concerning the object's use.

10. The manner in which the object is displayed for sale.

11. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, for example, a licensed distributor or dealer of tobacco products.

12. Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise.

13. The existence and scope of legitimate uses for the object in the community.

14. Expert testimony concerning the object's use.

15. The actual or constructive possession by the owner or by a person in control of the object or the presence in a vehicle or structure where the object is located of written
instructions, directions, or recipes to be used, or intended or designed to be used, in manufacturing, producing, processing, preparing, testing, or analyzing a controlled
substance.

19-03.4-03
Unlawful possession of drug paraphernalia - Penalty

A person may not use or possess with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of chapter 19-03.1. Any person violating this section is guilty of a class C felony if the drug paraphernalia is used, or possessed with intent to be used, to manufacture, compound, convert, produce, process, prepare, test, inject, ingest, inhale, or analyze a controlled substance, other than marijuana, classified in schedule I, II, or III of chapter 19-03.1. Otherwise, a violation of this section is a class A misdemeanor.

19-03.4-04
Unlawful manufacture or delivery of drug paraphernalia - Penalty

A person may not deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, if that person knows or should reasonably know that the drug paraphernalia will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of chapter 19-03.1. Any person violating this section is guilty of a class C felony if the drug paraphernalia will be used to manufacture, compound, convert, produce, process, prepare, test, inject, ingest, inhale, or analyze a controlled substance, other than marijuana, classified in schedule I, II, or III of chapter 19-03.1. Otherwise, a violation of this section is a class A misdemeanor.

19-03.4-05
Unlawful delivery of drug paraphernalia to a minor - Penalty

A person eighteen years of age or over may not deliver drug paraphernalia, in violation of this chapter, to a person under eighteen years of age who is at least three years the deliverer's junior. Any person violating this section is guilty of a class C felony.

19-03.4-06
Unlawful advertisement of drug paraphernalia - Penalty

A person may not place an advertisement in any newspaper, magazine, handbill, or other publication if that person knows or should reasonably know that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person violating this section is guilty of a class A misdemeanor.

19-03.4-07
Prima facie proof of intent

Possession of more than twenty-four grams of a methamphetamine precursor drug or combination of methamphetamine precursor drugs calculated in terms of ephedrine HCI and pseudoephedrine HCI is prima facie evidence of intent to violate sections 19-03.4-03 and 19-03.4-04. This section does not apply to a practitioner as defined in section 19-03.1-01 or to a product possessed in the course of a legitimate and lawful business.

19-03.4-08
Retail or over-the-counter sale of scheduled listed chemical products - Penalty

1. The retail sale of scheduled listed chemical products is limited to:
a. Sales in packages containing not more than a total of two grams of one or more scheduled listed chemical products, calculated in terms of ephedrine base, pseudoephedrine base, and phenylpropanolamine base; and
b. Sales in blister packs, each blister containing not more than two dosage units, or when the use of blister packs is technically infeasible, sales in unit dose packets or pouches.

2. A person may not:
a. Deliver in a single over-the-counter sale more than two packages of a scheduled listed chemical product or a combination of scheduled listed chemical products;
or
b. Without regard to the number of over-the-counter sales, deliver more than a daily amount of three and six-tenths grams of scheduled listed chemical products,
calculated in terms of ephedrine base, pseudoephedrine base, and phenylpropanolamine base, to a purchaser.

3. When offering scheduled listed chemical products for sale, the person shall place the products behind a counter or other barrier, or in a locked cabinet, where purchasers do not have direct access to the products before the sale is made.

4. a. When offering scheduled listed chemical products for retail sale, a person shall require, obtain, and make a written record of the identification of the person
purchasing the scheduled listed chemical product, the identification being a document issued by a government agency as described in subdivisions a and b of subsection 6, and shall deliver the product directly into the custody of the purchaser.
b. The person shall maintain a written list of sales that identifies the product by name, the quantity sold, the names and addresses of the purchasers, the dates
and times of the sales, a unique identification number relating to the electronic record submitted into the electronic recordkeeping system described in subsection 13, and a notice to a purchaser that the making of false statements or misrepresentations may subject the purchaser to federal and state criminal penalties. The purchaser shall sign the written list of sales and enter the purchaser's name, address, and the date and time of the sale. The person making the sale shall determine that the name entered by the purchaser corresponds with the name on the identification provided by the purchaser and that the date and time of the purchase is correct. The person making the sale
shall enter the name of the product and the quantity sold on the list.
c. Before completing the transaction, the person making the sale shall submit all the information from the written record into the electronic recordkeeping system
described in subsection 13.
d. The person shall maintain the record of identification required by this section for three years, after which the record must be destroyed. The person may not use
or maintain the record for any private or commercial purpose or disclose the record to any person, except as required by law. The person shall disclose the record, upon request, to a law enforcement agency for a law enforcement purpose. A person who in good faith releases the information in the record of identification to federal, state, or local law enforcement authorities is immune from civil liability for such release unless the release constitutes gross negligence or intentional, wanton, or willful misconduct.

5. A person may not deliver in an over-the-counter sale a scheduled listed chemical product to a person under the age of eighteen years.

6. It is a prima facie case of a violation of subsection 5 if the person making the sale did not require and obtain proof of age from the purchaser. "Proof of age" means a
document issued by a governmental agency which:
a. Contains a description of the person or a photograph of the person, or both, and gives the person's date of birth; and
b. Includes a passport, military identification card, or driver's license.

7. It is an affirmative defense to a violation of subsection 5 if:
a. The person making the sale required and obtained proof of age from the purchaser;
b. The purchaser falsely represented the purchaser's proof of age by use of a false, forged, or altered document;
c. The appearance of the purchaser was such that an ordinary and prudent person would believe the purchaser to be at least eighteen years of age; and
d. The sale was made in good faith and in reliance upon the appearance and representation of proof of age of the purchaser.

8. This section does not apply to a product that the state board of pharmacy, upon application of a manufacturer, exempts from this section because the product has
been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine, or its salts or precursors.

9. A person may not:
a. Make a false statement or misrepresentation in the written list of sale that is prepared and maintained as required by subsection 4; or
b. Purchase more than nine grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base in scheduled listed chemical products in a thirty-day period.

10. A person who willfully violates subsection 1 or 9 is guilty of a class A misdemeanor. A person who willfully violates subsection 2, 3, 4, or 5 is guilty of an infraction.

11. A person who is the owner, operator, or manager of the retail outlet or who is the supervisor of the employee or agent committing a violation of this section of the outlet
where scheduled listed chemical products are available for sale is not subject to the penalties of this section if the person:
a. Did not have prior knowledge of, participate in, or direct the employee or agent to commit, the violation of this section; and
b. Certifies to the attorney general that the employee or agent, at the time of initial employment and each calendar year thereafter, participated in a training program
approved by the attorney general providing the employee or agent with information regarding the state and federal regulations governing the sale, possession, and packaging of such products. The approval of the training program by the attorney general is not subject to chapter 28-32.

12. A political subdivision, including a home rule city or county, may not enact any ordinance relating to the sale by a retail distributor of over-the-counter products
containing ephedrine, pseudoephedrine, or phenylpropanolamine. Any existing ordinance is void.

13. a. The bureau of criminal investigation shall provide retailers of listed chemical products access to a real-time electronic recordkeeping system to enter into the
record system any transaction required to be recorded by subsection 4.
b. The real-time electronic recordkeeping system must be maintained in a central repository as defined in subsection 1 of section 19-03.5-01, and must have the capability to calculate state and federal ephedrine base, pseudoephedrine base, and phenylpropanolamine base purchase limitations.
c. The electronic recordkeeping system must include a record of all the information in the written record, the unique identification number, and certification that a signature has been obtained.
d. The information entered into the electronic recordkeeping system is subject to subdivision d of subsection 4.
e. If feasible, the prescription drug monitoring system utilized under chapter 19-03.5 may be used as the electronic recordkeeping system. The bureau of criminal investigation may contract with a private vendor to implement this subsection. A contractor shall comply with the confidentiality requirements of this chapter and is subject to sanctions for violation of confidentiality requirements, including termination of the contract.
f. The bureau of criminal investigation may not charge a retailer a fee for the establishment of, maintenance of, or access to, the electronic recordkeeping system.