318-B:1 Definitions
318-B:1-a Scheduling by the Commissioner
318-B:1-b Schedule Tests
318-B:1-c Flunitrazepam
318-B:2 Acts Prohibited
318-B:2-b Counterfeit Drugs; Affirmative Defense
318-B:2-c Personal Possession of Marijuana
318-B:2-d Plea by Mail
318-B:2-e Negligent Storage of Marijuana-Infused Products
318-B:3 Licensing of Manufacturers and Wholesalers Required
318-B:5 Sale by Manufacturer or Wholesaler
318-B:6 Possession Lawful
318-B:7 Written Orders
318-B:8 Limitation on Use
318-B:9 Sale by Pharmacists
318-B:10 Professional Use of Narcotic Drugs
318-B:11 Preparations Exempted
318-B:12 Records to be Kept; Confidentiality
318-B:12-a Treatment for Drug Abuse
318-B:13 Labels
318-B:15 Persons and Corporations Exempted
318-B:16 Common Nuisances
318-B:17 Disposal of Controlled Drugs in Possession of Law Enforcement Officer
318-B:17-a Disposal of Controlled Drugs in Possession of Practitioner
318-B:17-b Forfeiture of Items Used in Connection With Drug Offense
318-B:17-c Drug Forfeiture Fund
318-B:17-e Drug Asset Forfeiture Guidelines Required
318-B:17-f Forfeiture Reports
318-B:18 Notice of Conviction to be Sent to Licensing Board
318-B:21 Certain Communications Not Privileged
318-B:22 Exceptions and Exemptions Not Required to be Negatived
318-B:23 Enforcement and Cooperation
318-B:24 Rulemaking
318-B:25 Authority for Inspection
318-B:26 Penalties
318-B:26-a Chemical Analyses
318-B:27 Prior Offenses
318-B:28-a Annulments of Criminal Records
318-B:28-b Immunity From Liability
318-B:29 Effect of Acquittal or Conviction Under the Comprehensive Drug Abuse Prevention and Control Act of 1970
318-B:30 Severability
318-B:31 Definitions
318-B:32 Controlled Drug Prescription Health and Safety Program Established
318-B:33 Controlled Drug Prescription Health and Safety Program Operation
318-B:34 Confidentiality
318-B:35 Providing Controlled Drug Prescription Health and Safety Information
318-B:36 Unlawful Act and Penalties
318-B:37 Rulemaking
318-B:38 Advisory Council Established
318-B:40 Competency Requirements
318-B:41 Rulemaking for Prescribing Controlled Drugs
318-B:43 Syringe Service Programs Authorized
318-B:44 Syringe Service Programs; Affirmative Defense
318-B:45 Syringe Service Programs in Drug-Free School Zones Prohibited
318-B:46 Commission to Study the Legalization, Regulation, and Taxation of Marijuana Established
318-B:47 Definitions
318-B:48 Possession of Ephedrine and Pseudoephedrine; Sale
318-B:49 Electronic Registry System
318-B:50 Penalty; Exemption

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

  • 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 RSA 326-B:18. 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 that has a chemical structure substantially similar to that of a controlled drug and that was specifically designed to produce an effect substantially similar to that of 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 RSA 318-B:1-a. 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.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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 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
  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • 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
  • 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
  • oath: shall include "affirmation" in all cases where by law an affirmation may be substituted for an oath; and, in like cases, the word "sworn" shall include the word "affirmed. See New Hampshire Revised Statutes 21:24
  • 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
  • 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: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
  • 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
  • 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
  • Subpoena: A command to a witness to appear and give testimony.
  • 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.
  • under oath: when used in connection with a document to be filed with the court or a state agency, which does not require a notary acknowledgment or notarization under New Hampshire law, shall be satisfied by electronic signature "under the penalty of perjury" if the document is filed with the court or state agency electronically, and if the document is accompanied by a statement under the electronic signature stating "the penalty for perjury may include a fine or imprisonment or both. See New Hampshire Revised Statutes 21:52
  • 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