and (2) (Deleted by amendment, L. 2001, p. 858, § 4, effective July 1, 2001.)
Except as otherwise provided in subsection (4) of this section, it shall be unlawful forany person to knowingly cause or attempt to cause any other person to unknowingly consume or receive the direct administration of gamma hydroxybutyrate (GHB) or ketamine or the immediate chemical precursors or chemical analogs for either of such substances.
(a) It shall not be a violation of this section if gamma hydroxybutyrate (GHB) or ketamine is distributed or dispensed for bona fide medical needs by or under the direction of a person licensed or authorized by law to prescribe, administer, or dispense such substances.
(b) It shall not be a violation of this section if ketamine is distributed or dispensed by or under the direction of such authorized person for use by a humane society that is duly registered with the secretary of state and has been in existence and in business for at least five years in this state as a nonprofit corporation or by an animal control agency that is operated by a unit of government to control animals and to euthanize injured, sick, homeless, or unwanted pets or animals if the humane society or animal control agency is registered pursuant to section 12-280119 (12).
(5) Violation of the provisions of subsection (3) of this section is a class 3 felony; except that such violation is a class 2 felony if the violation is subsequent to a prior conviction for a violation of subsection (3) of this section or section 18-18-405 where the controlled substance was gamma hydroxybutyrate (GHB) or ketamine or the immediate chemical precursors or chemical analogs for either of such substances.
Source: L. 99: Entire section added, p. 1093, § 2, effective July 1. L. 2000: (1), (2), and (4) amended, p. 697, § 15, effective July 1. L. 2001: Entire section amended, p. 858, § 4, effective July 1. L. 2004: (4) amended, p. 799, § 2, effective July 1. L. 2012: (4)(b) amended, (HB 12-1311), ch. 281, p. 1620, § 49, effective July 1. L. 2019: (4)(b) amended, (HB 19-1172), ch. 136, p. 1677, § 100, effective October 1.