§ 5-64-803. Public nuisance to be abated or closed
(a) A place where a drug device is manufactured, sold, stored, possessed, given away, or furnished in violation of this subchapter is deemed a common or public nuisance. (b) A conveyance or vehicle of any kind is deemed a “place” within the meaning of subsection (a) of this section and may be proceeded against under […]
§ 5-64-804. Injunction
(a) The prosecuting attorney or a citizen of the county or municipality where a common or public nuisance, as defined in § 5-64-803, is located may maintain a suit in the name of the state to abate and perpetually enjoin the common or public nuisance. (b) A circuit court has jurisdiction over the suit. (c) […]
§ 5-64-805. Search warrant
(a) If there is complaint on oath or affirmation supported by affidavit setting forth the facts for a belief that a drug device is being manufactured, sold, kept, stored, or in any manner held, used, or concealed in a particular house or other place with intent to engage in illegal drug paraphernalia business in violation […]
§ 5-64-806. Seizure and forfeiture
Any property, including money, used in violation of a provision of this subchapter may be seized and forfeited to the state.
§ 5-64-1001. Recordkeeping required
Any manufacturer, wholesaler, retailer, or other person that sells, transfers, or otherwise furnishes any of the following substances to any person in this state shall maintain accurate records of those transactions: (1) Phenylpropanolamine; (2) Methylamine; (3) Ethylamine; (4) D-lysergic acid; (5) Ergotamine tartrate; (6) Diethyl malonate; (7) Malonic acid; (8) Ethyl malonate; (9) Barbituric acid; […]
§ 5-64-1002. Identification of purchaser
(a) Any manufacturer, wholesaler, retailer, or other person required to maintain records of transactions under this subchapter shall obtain proper identification from the purchaser. (b) “Proper identification” means a motor vehicle operator’s license or other official state-issued identification of the purchaser that contains a photograph of the purchaser, and includes: (1) The residential or mailing […]
§ 5-64-1003. Inspection of records
A record maintained pursuant to this subchapter is subject to inspection by any law enforcement officer of this state or any employee of the Department of Health designated by the Secretary of the Department of Health to conduct an examination, investigation, or inspection under this chapter relating to a controlled substance, counterfeit drug, or precursor […]
§ 5-64-1004. Failure to maintain records — Penalty
Failure to maintain accurate records with proper identification from the purchaser under this subchapter is a Class A misdemeanor.
§ 5-64-1005. Exemptions
The provisions of § 5-64-1001 do not apply to any of the following: (1) Any pharmacist or other authorized person who sells or furnishes a substance upon the prescription of a physician, dentist, podiatrist, or veterinarian; (2) Any physician, dentist, podiatrist, or veterinarian who administers or furnishes a substance to his or her patient; (3) […]
§ 5-64-443. Drug paraphernalia
(a) A person who possesses drug paraphernalia with the purpose to use the drug paraphernalia to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter upon conviction is guilty of: (1) A Class A misdemeanor; or (2) A Class D felony if the controlled substance is […]