§ 5-64-307. Order forms
(a) A controlled substance in Schedule I or Schedule II shall be distributed by a practitioner to another practitioner only pursuant to an order form. (b) Compliance with the provisions of federal law respecting an order form is deemed compliance with this section.
§ 5-64-308. Prescriptions. [Effective until contingent effective date as stated in Acts 2019, No. 447, § 2]
(a) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, no controlled substance in Schedule II may be dispensed without the written prescription of a practitioner or the oral, faxed, or electronic prescription of a practitioner, if issued in compliance with federal law and regulations. (b) (1) Except when […]
§ 5-64-308. Prescriptions — Mandatory electronic prescribing. [Effective on contingent effective date as stated in Acts 2019, No. 447, § 2]
(a) A prescription for a controlled substance included in Schedule III or Schedule IV shall not be filled or refilled more than six (6) months after the date of the prescription or be refilled more than five (5) times unless renewed by the practitioner. (b) A controlled substance included in Schedule V shall not be […]
§ 5-64-402. Controlled substances — Offenses relating to records, maintaining premises, etc
(a) It is unlawful for any person: (1) To refuse an entry into any premises for any inspection authorized by this chapter; or (2) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, or other structure or place or premise that is resorted to by a person for the purpose of using or […]
§ 5-64-403. Controlled substances — Fraudulent practices
(a) It is unlawful for a person to knowingly: (1) Distribute as a practitioner a Schedule I or Schedule II controlled substance, except under an order form as required by § 5-64-307; (2) Acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge, or theft; (3) Furnish false or fraudulent material […]
§ 5-64-404. Use of a communication device
(a) (1) As used in this section, “communication device” means any public or private instrumentality used or useful in the transmission of a writing, sign, signal, picture, or sound of any kind. (2) “Communication device” includes mail, telephone, wire, radio, and any other means of communication. (b) A person commits the offense of unlawful use […]
§ 5-64-405. Continuing criminal enterprise
(a) A person commits the offense of engaging in a continuing criminal enterprise if he or she: (1) Violates any provision of this chapter that is a felony, except §§ 5-64-419 and 5-64-441; and (2) The violation is a part of a continuing series of two (2) or more felony offenses of this chapter, except […]
§ 5-64-406. Delivery to minors — Enhanced penalties
(a) Any person eighteen (18) years of age or older who violates § 5-64-422, § 5-64-426, or § 5-64-440 by delivering or trafficking a Schedule I or Schedule II controlled substance that is a narcotic drug or methamphetamine to a person under eighteen (18) years of age who is at least three (3) years younger […]
§ 5-64-407. Manufacture of methamphetamine in the presence of certain persons — Enhanced penalties
(a) A person who is found guilty of or who pleads guilty or nolo contendere to manufacture of methamphetamine, § 5-64-423, or possession of drug paraphernalia with the purpose to manufacture methamphetamine, § 5-64-443(b), may be subject to an enhanced sentence of an additional term of imprisonment of ten (10) years if the offense is […]
§ 5-64-408. Subsequent convictions — Enhanced penalties
(a) Unless otherwise provided in this chapter, a person convicted of a second or subsequent offense under this chapter shall be imprisoned for a term up to two (2) times the term otherwise authorized, fined an amount up to two (2) times the fine otherwise authorized, or both. (b) For purposes of this section, an […]