Terms Used In New Hampshire Revised Statutes > Chapter 318-B - Controlled Drug Act

• 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. See New Hampshire Revised Statutes 318-B:1
• Advanced emergency medical care provider: means a person licensed to provide advanced emergency medical care under RSA 151-B. See New Hampshire Revised Statutes 318-B:1
• Advanced practice registered nurse: means a person licensed to practice as an advanced practice registered nurse in this state pursuant to N. See New Hampshire Revised Statutes 318-B:1
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Circumstantial evidence: All evidence except eyewitness testimony.
• Commissioner: means the commissioner of the department of health and human services. See New Hampshire Revised Statutes 318-B:1
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• 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. See New Hampshire Revised Statutes 318-B:1
• Controlled drugs: means any drug or substance, or immediate precursor, which is scheduled pursuant to N. See New Hampshire Revised Statutes 318-B:1
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• 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. See New Hampshire Revised Statutes 318-B:1
• Decedent: A deceased person.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dentist: means a person authorized by law to practice dentistry in this state. See New Hampshire Revised Statutes 318-B:1
• Department: means the department of health and human services. See New Hampshire Revised Statutes 318-B:1
• Dependent: A person dependent for support upon another.
• 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. See New Hampshire Revised Statutes 318-B:1
• 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. See New Hampshire Revised Statutes 318-B:1
• 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. See New Hampshire Revised Statutes 318-B:1
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Federal food and drug laws: means the Federal Food, Drug and Cosmetic Act, as amended (Title 21 U. See New Hampshire Revised Statutes 318-B:1
• 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. See New Hampshire Revised Statutes 318-B:1
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• governor and council: shall mean the governor with the advice and consent of the council. See New Hampshire Revised Statutes 21:31-a
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
• 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. See New Hampshire Revised Statutes 318-B:1
• 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. See New Hampshire Revised Statutes 318-B:1
• legislative body: shall mean a town meeting, school district meeting, village district meeting, city or town council, mayor and council, mayor and board of aldermen, or, when used to refer to unincorporated towns or unorganized places, or both, the county convention. See New Hampshire Revised Statutes 21:47
• Lien: A claim against real or personal property in satisfaction of a debt.
• 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. See New Hampshire Revised Statutes 318-B:1
• month: shall mean a calendar month, and the word "year" a calendar year, unless otherwise expressed; and the word "year" shall be equivalent to the expression "year of our Lord. See New Hampshire Revised Statutes 21:8
• Morphine-type drugs: means morphine and chemical compounds which are similar thereto in physiological effect and which show a like potential for abuse. See New Hampshire Revised Statutes 318-B:1
• 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. See New Hampshire Revised Statutes 318-B:1
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nurse: means a person licensed to perform nursing as defined in RSA 326-B. See New Hampshire Revised Statutes 318-B:1
• 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. See New Hampshire Revised Statutes 318-B:1
• Optometrist: means a person authorized by law to practice optometry in this state pursuant to RSA 327. See New Hampshire Revised Statutes 318-B:1
• 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. See New Hampshire Revised Statutes 318-B:1
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any corporation, association or partnership, or one or more individuals. See New Hampshire Revised Statutes 318-B:1
• Personal property: All property that is not real property.
• petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
• Pharmacist: means a person authorized by law to practice pharmacy pursuant to RSA 318. See New Hampshire Revised Statutes 318-B:1
• Pharmacy: means an establishment licensed pursuant to RSA 318. See New Hampshire Revised Statutes 318-B:1
• Physician: means a person authorized by law to practice medicine in this state pursuant to RSA 329. See New Hampshire Revised Statutes 318-B:1
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Podiatrist: means a person authorized by law to practice podiatry in this state pursuant to RSA 315. See New Hampshire Revised Statutes 318-B:1
• 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. See New Hampshire Revised Statutes 318-B:1
• Practitioner: means any person who is lawfully entitled to prescribe, administer, dispense or distribute controlled drugs to patients. See New Hampshire Revised Statutes 318-B:1
• 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. See New Hampshire Revised Statutes 318-B:1
• Prescribe: means order or designate a remedy or any preparation containing controlled drugs. See New Hampshire Revised Statutes 318-B:1
• 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. See New Hampshire Revised Statutes 318-B:1
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Registry number: means the number assigned to each person registered under the federal narcotic laws. See New Hampshire Revised Statutes 318-B:1
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Residual amount: means an unusable amount of a controlled substance in or on a hypodermic syringe or needle. See New Hampshire Revised Statutes 318-B:1
• 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. See New Hampshire Revised Statutes 318-B:1
• seal: shall include an impression of the official seal made upon the paper alone, as well as an impression thereof made by means of wax, or a wafer, affixed thereto. See New Hampshire Revised Statutes 21:11
• state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
• Statute: A law passed by a legislature.
• Summons: Another word for subpoena used by the criminal justice system.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
• Veterinarian: means a person authorized by law to practice veterinary medicine in this state pursuant to RSA 332-B. See New Hampshire Revised Statutes 318-B:1
• 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. See New Hampshire Revised Statutes 318-B:1