45-9-116. Imitation dangerous drugs -- exemptions -- rules. (1) Sections 45-9-111 through 45-9-115 do not apply to:
(a) a person authorized by rules adopted by the board of pharmacy to possess with purpose to sell or sell imitation dangerous drugs;
(b) law enforcement personnel selling or possessing with purpose to sell imitation dangerous drugs while acting within the scope of their employment; and
(c) a person registered under the provisions of Title 50, chapter 32, part 3, who sells, or possesses with purpose to sell an imitation dangerous drug for use as a placebo, by that person or any other person so registered, in the course of professional practice or research.
(2) The board of pharmacy shall adopt, amend, or repeal rules in accordance with the Montana Administrative Procedure Act to authorize the possession with purpose to sell or sale of imitation dangerous drugs whenever it determines that there is a legitimate need and that the drugs will be used for a lawful purpose.
History: En. Sec. 6, Ch. 451, L. 1983; amd. Sec. 1, Ch. 247, L. 1983; amd. Sec. 20, Ch. 3, L. 1985.
Structure Montana Code Annotated
Part 1. Offenses Involving Dangerous Drugs
45-9-101. Criminal distribution of dangerous drugs
45-9-102. Criminal possession of dangerous drugs
45-9-103. Criminal possession with intent to distribute
45-9-104. Fraudulently obtaining dangerous drugs
45-9-105. Altering labels on dangerous drugs
45-9-106. Penalty for fraudulently obtaining dangerous drugs or altering labels of dangerous drugs
45-9-107. Criminal possession of precursors to dangerous drugs
45-9-110. Criminal production or manufacture of dangerous drugs
45-9-111. Imitation dangerous drugs -- definitions
45-9-112. Criminal distribution of imitation dangerous drug -- penalty
45-9-113. Criminal possession of imitation dangerous drug with the purpose to distribute -- penalty
45-9-114. Criminal advertisement of imitation dangerous drug -- penalty
45-9-115. Criminal manufacture of imitation dangerous drug -- penalty
45-9-116. Imitation dangerous drugs -- exemptions -- rules
45-9-117. through 45-9-120 reserved
45-9-121. Criminal possession of toxic substance -- penalty
45-9-122. through 45-9-124 reserved
45-9-125. Continuing criminal enterprise -- penalty
45-9-127. Carrying dangerous drugs on train -- penalty
45-9-128. and 45-9-129 reserved
45-9-130. Mandatory fine for possession and storage of dangerous drugs -- disposition of proceeds
45-9-132. Operation of unlawful clandestine laboratory -- penalties