N.H. Rev. Stat. § 318-B:1

Current through the 2024 Legislative Session

Section 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 therapeutic agent recommended by a practitioner in the course of medical treatment or in a program of research operated under the direction of a physician, pharmacologist, physiologist, chemist, or advanced practice registered nurse.

I-a. "Administer" means an act whereby a single dose of a drug is instilled into the body of or given to a person or animal for immediate consumption or use.

I-aa. "Advanced emergency medical care provider" means a person licensed to provide advanced emergency medical care under RSA 151-B.

I-b. "Advanced practice registered nurse" means a person licensed to practice as an advanced practice registered nurse in this state pursuant to RSA 326-B:18.

II. "Amphetamine-type drugs" means amphetamine, optical isomers thereof, salts of amphetamine and its isomers, and chemical compounds which are similar thereto in physiological effect, and which show a like potential for abuse.

II-a. "Anabolic steroid" includes any of the following or any isomer, ester, salt, or derivative of the following that acts in the same manner on the human body:

(a) Clostebol;

(b) Dehydrochlormethyltestosterone;

(c) Ethylestrenol;

(d) Fluoxymesterone;

(e) Mesterolone;

(f) Methandienone;

(g) Methandrostenolone;

(h) Methenolone;

(i) Methyltestosterone;

(j) Nandrolone;

(k) Norethandrolone;

(l) Oxandrolone;

(m) Oxymesterone;

(n) Oxymetholone;

(o) Stanozolol; and

(p) Testosterone.

III. "Barbiturate-type drugs" means barbituric acid and its salts, derivatives thereof and chemical compounds which are similar thereto in physiological effect, and which show a like potential for abuse.

IV. "Cannabis-type drug" means all parts of any plant of the Cannabis genus of plants, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin. Such term does not include the mature stalks of such plants, fiber produced from such stalks, oil or cake made from the seeds of such plants, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seeds of such plants which are incapable of germination.

V. "Cocaine-type drugs" means coca leaves, cocaine, ecgonine, and chemical compounds which are similar thereto in chemical structure or which are similar thereto in physiological effect and which show a like potential for abuse.

V-a. "Commissioner" means the commissioner of the department of health and human services.

VI. "Controlled drugs" means any drug or substance, or immediate precursor, which is scheduled pursuant to RSA 318-B:1-a.

VI-a.

(a) "Controlled drug analog" means a substance, however constituted, the chemical structure of which is derivative of, or substantially similar to that of a controlled drug and:

(1) Which has been shown in laboratory studies to bind with and activate the same central nervous receptors that are responsible for the psychoactive effects of a certain controlled drug or controlled drug class; or

(2) With respect to a particular person, which such person represents or intends to have similar psychoactive effects on the central nervous system as a controlled drug.

(b) "Controlled drug analog" shall not include:

(1) A controlled drug;

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

(3) With respect to a particular person, any substance, if an exemption is in effect for investigational use for that person under 21 U.S.C. section 355, to the extent conduct with respect to the substance is pursuant to such an exemption; or

(4) Any compound, mixture, or preparation that contains any controlled drug or controlled drug analog that is not for administration to a human being or animal, and that is packaged in such a form or concentration, or with adulterants or denaturants so that, as packaged, it does not present any significant potential for abuse.

VI-b. "Crack cocaine", also known as cocaine base or rock cocaine, means the free base form of cocaine in which the molecule is not chemically combined as an acid salt.

VII. "Dentist" means a person authorized by law to practice dentistry in this state.

VII-a. "Department" means the department of health and human services.

VIII. "Dispense" means to distribute, leave with, give away, dispose of, deliver, or sell one or more doses of and shall include the transfer of more than a single dose of a medication from one container to another and the labelling or otherwise identifying a container holding more than a single dose of a drug.

IX. "Drug dependence" means a state of physical addiction or psychic dependence, or both, upon a drug following use of that drug upon a repeated periodic or continuous basis except:

(a) Upon a morphine-type drug as an incident to current medical treatment of a demonstrable physical disorder, other than produced by the use of the drug itself, or

(b) Upon amphetamine-type, ataractic, barbiturate-type, hallucinogenic or other stimulant and depressant drugs as an incident to current medical treatment of a demonstrable physical or psychological disorder, or both, other than produced by the drug itself.

X. "Drug-dependent person" means any person who has developed a state of psychic or physical dependence, or both, upon a controlled drug following administration of that drug upon a repeated periodic or continuous basis. No person shall be classified as drug dependent who is dependent:

(a) Upon a morphine-type drug as an incident to current medical treatment of a demonstrable physical disorder other than drug dependence, or

(b) Upon amphetamine-type, ataractic, barbiturate-type, hallucinogenic or other stimulant and depressant drugs as an incident to current medical treatment of a demonstrable physical or psychological disorder, or both, other than drug dependence.

X-a. "Drug paraphernalia" means all equipment, products and materials of any kind which are used or intended for use or customarily intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter. It includes, but is not limited to:

(a) Kits used or intended for use or customarily intended 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.

(b) Kits including but not limited to cocaine kits, used or intended for use or customarily intended for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.

(c) Isomerization devices used or intended for use or customarily intended for use in increasing the potency of any species of plant which is a controlled substance.

(d) Testing equipment used or intended for use or customarily intended for use in identifying, or analyzing the strength, effectiveness or purity of controlled substances.

(e) Scales and balances used or intended for use or customarily intended for use in weighing or measuring controlled substances.

(f) Dilutents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use or customarily intended for use in cutting controlled substances.

(g) Separation gins and sifters used or intended for use or customarily intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.

(h) Blenders, bowls, containers, spoons and mixing devices used or intended for use or customarily intended for use in compounding controlled substances.

(i) Capsules, balloons, envelopes and other containers used or intended for use or customarily intended for use in packaging small quantities of controlled substances.

(j) Containers and other objects used or intended for use or customarily intended for use in storing or concealing controlled substances.

(k) Objects used or intended for use or customarily intended for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:

(1) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls.

(2) Water pipes.

(3) Carburetion tubes and devices.

(4) Smoking and carburetion masks.

(5) Chamber pipes.

(6) Carburetor pipes.

(7) Electric pipes.

(8) Air-driven pipes.

(9) Chillums.

(10) Bongs.

(11) Ice pipes or chillers.

X-b. Notwithstanding the provisions of RSA 318-B:1, X-a, "drug paraphernalia" shall not include fentanyl test strips, xylazine test strips, or other materials used or intended for use in testing for the presence of fentanyl, xylazine, or a fentanyl or xylazine analog in a substance, unless possessed in conjunction with other evidence forming the basis of a criminal charge involving the manufacturing, possessing with the intent to sell, or compounding pursuant to RSA 318-B:2, I.

XI. "Federal food and drug laws" means the Federal Food, Drug and Cosmetic Act, as amended (Title 21 U.S.C. § 301 et seq.).

XI-a. "Fentanyl class drug" shall mean the following drugs: fentanyl, 3-methylfentanyl, 3-methylthiofentanyl, acetylfentanyl, acetyl-alpha-methylfentanyl, alpha-methylfentanyl, alpha-methylthiofentanyl, beta-hydroxyl-3-methylfentanyl, beta-hydroxyfentanyl, para-fluorofentanyl, thiofentanyl, alfentanil, carfentanil, remifentanil, sufentanil, and all optical isomers of these substances. Drugs which become controlled after September 1, 2015, pursuant to RSA 318-B:1-a; and are known or scheduled with a common name that includes the term "fentanyl", or "fentanil" shall also be considered as belonging to this class, along with optical isomers of same. Drugs may be added or removed from this classification by action of the general court.

XII. "Comprehensive Drug Abuse Prevention and Control Act of 1970" means the applicable law of the United States relating to opium, coca leaves and other narcotic drugs.

XIII. "Hallucinogenic drugs" are psychodysleptic drugs which assert a confusional or disorganizing effect upon mental processes or behavior and mimic acute psychotic disturbances. Exemplary of such drugs are mescaline, peyote, psilocybin and d-lysergic acid diethylamide.

XIV. "Laboratory" means a scientific or medical establishment entrusted with the custody of controlled drugs and the use of controlled drugs for scientific and medical purposes and for purposes of instruction, research or analysis.

XIV-a. "Law enforcement officer" means any officer of the state or political subdivision of the state who is empowered by law to conduct investigations of or to make arrests for offenses enumerated in this chapter.

XV. "Manufacturer" means a person who, by compounding, mixing, cultivating, growing or other process, produces or prepares controlled drugs, but shall not mean a pharmacist who compounds controlled drugs to be sold or dispensed on prescription.

XVI. "Morphine-type drugs" means morphine and chemical compounds which are similar thereto in physiological effect and which show a like potential for abuse.

XVII. "Narcotic drugs" means cocaine-type and morphine-type drugs, and drugs other than cannabis-type regulated under the Comprehensive Drug Abuse Prevention and Control Act of 1970.

XVIII. "Nurse" means a person licensed to perform nursing as defined in RSA 326-B.

XIX. "Official written order" means an order written on a form provided for that purpose by the United States Attorney General under the laws of the United States making provision therefor, if such order forms are authorized and required by federal law, or conforming to the requirements of such a form and provided by the department of health and human services, or, if no such order form is provided, on an official form provided for that purpose by the department of health and human services.

XIX-a. "Optometrist" means a person authorized by law to practice optometry in this state pursuant to RSA 327.

XX. "Other stimulant and depressant drugs" means controlled drugs other than amphetamine-type, barbiturate-type, cannabis-type, cocaine-type, hallucinogenics and morphine-type which are found to exert a stimulant and depressant effect upon the higher functions of the central nervous system and which are found to have a potential for abuse.

XXI. "Person" means any corporation, association or partnership, or one or more individuals.

XXII. "Pharmacist" means a person authorized by law to practice pharmacy pursuant to RSA 318.

XXIII. "Pharmacy" means an establishment licensed pursuant to RSA 318.

XXIV. "Physician" means a person authorized by law to practice medicine in this state pursuant to RSA 329.

XXIV-a. "Podiatrist" means a person authorized by law to practice podiatry in this state pursuant to RSA 315.

XXV. "Potential for abuse" means that there is a likelihood that a drug will be used solely for its stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system as distinguished from use recommended by a practitioner as a therapeutic agent in a course of medical treatment or in a program of research operated under the direction of a physician, pharmacologist, or advanced practice registered nurse.

XXVI. "Practitioner" means any person who is lawfully entitled to prescribe, administer, dispense or distribute controlled drugs to patients.

XXVI-a. "Practitioner-patient relationship" means a medical connection between a licensed practitioner and a patient that includes an in-person exam, a history, a diagnosis, a treatment plan appropriate for the licensee's scope of practice, and documentation of all prescription drugs including name and dosage. A licensee may prescribe for a patient whom the licensee does not have a practitioner-patient relationship under the following circumstances: for a patient of another licensee for whom the prescriber is taking call; for a patient examined by another New Hampshire licensed practitioner; or for medication on a short-term basis for a new patient prior to the patient's first appointment. The definition of a practitioner-patient relationship shall not apply to a practitioner licensed in another state who is consulting to a New Hampshire licensed practitioner with whom the patient has a relationship.

XXVII. "Prescribe" means order or designate a remedy or any preparation containing controlled drugs.

XXVIII. "Prescription" means an oral, written, or facsimile or electronically transmitted order for any controlled drug or preparation issued by a licensed practitioner to be compounded and dispensed by a pharmacist and delivered to a patient for a medicinal or therapeutic purpose arising from a practitioner-patient relationship.

XXIX. "Registry number" means the number assigned to each person registered under the federal narcotic laws.

XXIX-a. "Residual amount" means an unusable amount of a controlled substance in or on a hypodermic syringe or needle.

XXX. "Sale" means barter, exchange or gift, or offer therefor, and each such transaction made by any person whether as principal, proprietor, agent, servant, or employee.

XXXI. "State food, drug and cosmetic laws" means RSA 146.

XXXI-a. "Substantially similar in chemical structure" means that the substance in question shares a common core structure with a controlled drug, meaning that the "backbone" of the molecule is the same, and has no more than 2 points of divergence (additions, deletions, or substitutions) from the controlled drug, which may consist of a single atom or a functional group or some combination thereof. Functional groups are further defined as alkyl, alkenyl, alkynyl, ring structures (either homocyclic or heterocyclic, with or without additional attached functional groups), organic halides, alkoxy, alcohol, ether, amine, aldehyde, ketone, carboxylic acid, ester, amide, nitrile, nitro, sulfide, thiene, thioester, or thiol.

XXXII. "Veterinarian" means a person authorized by law to practice veterinary medicine in this state pursuant to RSA 332-B.

XXXIII. "Wholesaler" means a person who supplies or distributes controlled drugs that he himself has not produced or prepared to hospitals, practitioners, pharmacies, other wholesalers, manufacturers or federal, state and municipal agencies.

RSA 318-B:1

Amended by 2023, 186:1, eff. 10/3/2023.

Amended by 2021 , 115: §§2, 3eff. 9/7/2021.

Amended by 2017 , 117: 3, eff. 6/16/2017.

Amended by 2016 , 2: 1, eff. 1/21/2016.

Amended by 2011 , 63: 4, eff. 7/1/2011.

1969, 421:1. 1975, 255:2. 1977, 547:1-4. 1981, 513:1. 1985, 190:98; 293:1, 2; 324:17, 18. 1988, 6:1. 1989, 195:1; 361:1. 1993, 333:3. 1994, 186:1; 333:16-18. 1995, 310:155, 156, 181. 1996, 267:22. 2000, 176:4. 2001, 15 : 3 ; 282:8. 2005, 293 : 8 . 2008, 217 : 3 , 4. 2009, 54 : 5 . 2011, 63 : 4 . 2016, 2 : 1 , eff. Jan. 21, 2016. 2017, 117 : 3 , eff. June 16, 2017. 2021, 115 : 2 , 3, eff. Sept. 7, 2021.