(1) The board or department shall register an applicant to manufacture or distribute substances included in schedules I through V unless the board or department determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the board or department shall consider the following factors:
Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, research, or industrial channels;
Compliance with applicable state and local law;
Promotion of technical advances in the art of manufacturing controlled substancesand the development of new substances;
Any convictions of the applicant under any laws of another country or federal or statelaws relating to any controlled substance;
Past experience of the applicant in the manufacture or distribution of controlled substances, and the existence in the applicant's establishment of effective controls against diversion of controlled substances into other than legitimate medical, scientific, research, or industrial channels;
Furnishing by the applicant of false or fraudulent material in any application filedunder this article;
Suspension or revocation of the applicant's federal registration or the applicant's registration of another state to manufacture, distribute, or dispense controlled substances as authorized by federal law; and
Any other factors relevant to and consistent with the public health and safety.
Registration under subsection (1) of this section entitles a registrant to manufactureor distribute a substance included in schedule I or II only if it is specified in the registration.
A practitioner must be registered with the board or department before dispensing acontrolled substance or conducting research with respect to a controlled substance included in schedules II through V. The department need not require separate registration under this article for practitioners engaging in research with nonnarcotic substances included in schedules II through V where the registrant is already registered under this article in another capacity. Practitioners registered under federal law to conduct research with substances included in schedule I may conduct research with substances included in schedule I within this state upon furnishing the department evidence of that federal registration.
A manufacturer or distributor registered under the federal "Controlled SubstancesAct", 21 U.S.C. sec. 801 et seq., may submit a copy of the federal application as an application for registration as a manufacturer or distributor under this section. The board may require a manufacturer or distributor to submit information in addition to the application for registration under the federal act.
Persons licensed or registered under article 280 of title 12 or article 220, 240, 275,290, or 315 of title 12 need not be licensed separately to distribute or dispense controlled substances to the extent provided under law if they are registered or are exempt from registration by the federal drug enforcement administration, provided that such persons indicate on any initial application or renewal application the schedules of controlled substances that the persons are authorized to use under Public Law 91-513, known as the federal "Comprehensive Drug Abuse Prevention and Control Act of 1970".
Source: L. 92: Entire article R&RE, p. 349, § 1, effective July 1. L. 2012: (5) amended,
(HB 12-1311), ch. 281, p. 1622, § 53, effective July 1. L. 2019: (5) amended, (HB 19-1172), ch. 136, p. 1678, § 104, effective October 1.
Editor's note: This section is similar to former § 12-22-305 as it existed prior to 1992.