318-B:1 Definitions. – The following words and phrases, as used in this chapter, shall have the following meanings, unless the context otherwise requires: I. "Abuse of drugs" means the use of controlled drugs solely for their stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system and not as a […]
318-B:1-a Scheduling by the Commissioner. – I. The commissioner may add, delete, or reschedule all substances, by rule, pursuant to RSA 541-A, after hearing and after consulting with the pharmacy board. In making a determination regarding a substance, the commissioner shall consider the following: (a) Actual or relative potential for abuse; (b) Scientific evidence […]
318-B:1-b Schedule Tests. – I. Schedule I Tests. The commissioner shall place a substance in schedule I if he finds that the substance: (a) Has high potential for abuse; and (b) Has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision. II. […]
[RSA 318-B:1-c contingently repealed by 1998, 359:2; see contingent repeal note set out below.] 318-B:1-c Flunitrazepam. – I. The legislature intends that the provisions of paragraph III of this section shall remain in effect until such time as flunitrazepam is scheduled by the commissioner of the department of human services in accordance with and […]
318-B:10 Professional Use of Narcotic Drugs. – I. A practitioner other than a veterinarian, in good faith, in the course of his professional practice, and for a legitimate medical purpose, may administer and prescribe controlled drugs, or the practitioner may cause the same to be administered by a nurse or intern under his direction […]
318-B:11 Preparations Exempted. – I. Not Dependence Forming or of Sustaining Character. The department of health and human services may by rule exempt from the application of this chapter, to such extent as it determines to be consistent with the public welfare, pharmaceutical preparations found by the department of health and human services after […]
318-B:12 Records to be Kept; Confidentiality. – I. Practitioners, including physicians, podiatrists, dentists, veterinarians, optometrists, advanced practice registered nurses, manufacturers, wholesalers, pharmacists, clinics, hospitals, and laboratories, shall keep separate records, so as not to breach the confidentiality of patient records, to show the receipt and disposition of all controlled drugs. Such records shall meet […]
318-B:12-a Treatment for Drug Abuse. – Any minor 12 years of age or older may voluntarily submit himself to treatment for drug dependency as defined in RSA 318-B:1, IX, or any problem related to the use of drugs at any municipal health department, state institution or facility, public or private hospital or clinic, any […]
318-B:13 Labels. – I. Whenever a manufacturer sells or dispenses a controlled drug, and whenever a wholesaler sells or dispenses a controlled drug in a package prepared by him, he shall securely affix to each package in which the drug is contained a label showing in legible English the name and address of the […]
318-B:14 Repealed by 2010, 173:2, eff. Jan. 1, 2011. –
318-B:15 Persons and Corporations Exempted. – The provisions of this chapter restricting the possession and having control of controlled drugs shall not apply to: I. Common carriers or to warehousemen while engaged in lawfully transporting or storing such drugs, or to an employee of the same acting within the scope of his employment; or […]
318-B:16 Common Nuisances. – Any store, shop, warehouse, dwellinghouse, building, vehicle, boat, aircraft, or any place whatever which is resorted to by drug-dependent persons for the purpose of using controlled drugs or which is used for the illegal keeping or selling of the same shall be deemed a common nuisance. No person shall knowingly […]
318-B:16-a Controlled Drugs Containing Opiates; Warning Label Required. – Any controlled drug containing opiates dispensed by a health care provider or pharmacy shall have an orange sticker with the word "opioid" in easily legible font placed on the cap or dispenser and shall have a warning label stating "Risk of addiction and overdose." The […]
318-B:17 Disposal of Controlled Drugs in Possession of Law Enforcement Officer. – All controlled drugs, the lawful possession of which is not established or the title to which cannot be ascertained, which have come into the custody of a law enforcement officer shall be forfeited and disposed of as follows: I. The superior court […]
318-B:17-a Disposal of Controlled Drugs in Possession of Practitioner. – No person other than the pharmacy board, its officers, agents, and inspectors is authorized to destroy any out-dated, deteriorated, excessive or otherwise unwanted or confiscated controlled drugs which are in the possession of a practitioner, veterinarian, pharmacy, peace officer, nursing home, manufacturer, wholesaler, clinic, […]
318-B:17-b Forfeiture of Items Used in Connection With Drug Offense. – I. Interests in the following property, upon petition of the attorney general, shall be subject to forfeiture to the state and said property interest shall be vested in the state: (a) All materials, products and equipment of any kind, including, but not limited […]
318-B:17-c Drug Forfeiture Fund. – I. There is hereby established within the office of the state treasurer a special revolving fund to be designated as the drug forfeiture fund. This fund shall be administered by the attorney general and may be used to pay the costs of local, county and state drug related investigations, […]
318-B:17-d Repealed by 2016, 329:9, eff. Jan. 1, 2017. –
318-B:17-e Drug Asset Forfeiture Guidelines Required. – The department of justice shall adopt and maintain drug asset forfeiture guidelines. The attorney general shall submit the guidelines and any proposed amendments to such guidelines to the house judiciary and family law committee and to the senate judiciary committee for review and comment at least as […]
318-B:17-f Repealed by 2022, 118:3, eff. July 26, 2022. –
