50-32-201. General criteria to be considered. In making a determination regarding a drug, the board shall consider the following:

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Terms Used In Montana Code 50-32-201

  • Board: means the board of pharmacy provided for in 2-15-1733. See Montana Code 50-32-101
  • 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.
  • Immediate precursor: means a substance that the board finds to be and by rule designates as being the principal compound commonly used or produced primarily for use and that is an immediate chemical intermediary used or likely to be used in the manufacture of a dangerous drug, the control of which is necessary to prevent, curtail, or limit manufacture. See Montana Code 50-32-101
  • State: when applied to a part of the United States, includes a state, district, commonwealth, territory, insular possession of the United States, and any area subject to the legal authority of the United States of America. See Montana Code 50-32-101

(1)the actual or relative potential for abuse;

(2)the scientific evidence of its pharmacological effect, if known;

(3)the state of current scientific knowledge regarding the drug;

(4)the history and current pattern of abuse;

(5)the scope, duration, and significance of abuse;

(6)the risk to the public health;

(7)the potential of the drug to produce psychic or physiological dependence liability; and

(8)whether the drug is an immediate precursor of a drug already controlled under this chapter.