Terms Used In Rhode Island General Laws > Chapter 21-28 > Article II - Standards and Schedules

• Administer: refers to the direct application of controlled substances to the body of a patient or research subject by:

  (i)  A practitioner, or, in his or her presence by his or her authorized agent; or

  (ii)  The patient or research subject at the direction and in the presence of the practitioner whether the application is by injection, inhalation, ingestion, or any other means. See Rhode Island General Laws 21-28-1.02

• Agent: means an authorized person who acts on behalf of, or at the direction of, a manufacturer, wholesaler, distributor, or dispenser; except that these terms do not include a common or contract carrier or warehouse operator when acting in the usual and lawful course of the carrier's or warehouse operator's business. See Rhode Island General Laws 21-28-1.02
• Apothecary: means a registered pharmacist as defined by the laws of this state and, where the context requires, the owner of a licensed pharmacy or other place of business where controlled substances are compounded or dispensed by a registered pharmacist; and includes registered assistant pharmacists as defined by existing law, but nothing in this chapter shall be construed as conferring on a person who is not registered as a pharmacist any authority, right, or privilege that is not granted to him or her by the pharmacy laws of the state. See Rhode Island General Laws 21-28-1.02
• 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.
• Attorney General: means the attorney general of the state of Rhode Island. See Rhode Island General Laws 5-5.1-2
• Business: means any corporation, company, association, operation, firm, partnership, institution, trust, or other form of business association, as well as a natural person. See Rhode Island General Laws 5-5.1-2
• Coca leaves: includes cocaine, or any compound, manufacture, salt, derivative, mixture, or preparation of coca leaves, except derivatives of coca leaves, that do not contain cocaine, ecgonine, or substance from which cocaine or ecgonine may be synthesized or made. See Rhode Island General Laws 21-28-1.02
• Computer forensic specialist: means a person who holds a professional certification as a computer examiner and who interprets, evaluates, tests, or analyzes preexisting data from computers, computer systems, networks, or other electronic media, provided to them by another person who owns, controls, or possesses the computer, computer system, network, or other electronic media. See Rhode Island General Laws 5-5-2
• Contract: A legal written agreement that becomes binding when signed.
• Control: means to add a drug or other substance or immediate precursor to a schedule under this chapter, whether by transfer from another schedule or otherwise. See Rhode Island General Laws 21-28-1.02
• Controlled substance: means a drug, substance, immediate precursor, or synthetic drug in schedules I — V of this chapter. See Rhode Island General Laws 21-28-1.02
• 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.
• delivery: means the actual, constructive, or attempted transfer of a controlled substance or imitation controlled substance, whether or not there exists an agency relationship. See Rhode Island General Laws 21-28-1.02
• Depressant or stimulant drug: means :

  (i)  A drug that contains any quantity of:

  (A)  Barbituric acid or derivatives, compounds, mixtures, or preparations of barbituric acid; and

  (B)  "Barbiturate" or "barbiturates" includes all hypnotic and/or somnifacient drugs, whether or not derivatives of barbituric acid, except that this definition shall not include bromides and narcotics. See Rhode Island General Laws 21-28-1.02

• Director: means the director of health. See Rhode Island General Laws 21-28-1.02
• Dispenser: is a practitioner who delivers a controlled substance to the ultimate user or human research subject. See Rhode Island General Laws 21-28-1.02
• Distributor: means a person who so delivers a controlled substance or an imitation controlled substance. See Rhode Island General Laws 21-28-1.02
• 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 law: means the Comprehensive Drug Abuse Prevention and Control Act of 1970, (84 stat. See Rhode Island General Laws 21-28-1.02
• Immediate precursor: means a substance:

  (i)  That the director of health has found to be, and by regulation designated as being, the principal compound used, or produced primarily for use, in the manufacture of a controlled substance;

  (ii)  That is an immediate chemical intermediary used, or likely to be used, in the manufacture of those controlled substances; and

  (iii)  The control of which is necessary to prevent, curtail, or limit the manufacture of that controlled substance. See Rhode Island General Laws 21-28-1.02

• License: means any license required by this chapter. See Rhode Island General Laws 5-5.1-2
• License: means any license required by this chapter. See Rhode Island General Laws 5-5-2
• Licensee: means any person to whom a license is granted in accordance with the provisions of this chapter. See Rhode Island General Laws 5-5.1-2
• Local licensing authority: means the town councils of license boards of the several towns, the mayor and city council or license bureau of a city. See Rhode Island General Laws 5-5-2
• Manufacture: means the production, preparation, propagation, cultivation, compounding, or processing of a drug or other substance, including an imitation controlled substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis and includes any packaging or repackaging of the substance or labeling or relabeling of its container in conformity with the general laws of this state except by a practitioner as an incident to his or her administration or dispensing of the drug or substance in the course of his or her professional practice. See Rhode Island General Laws 21-28-1.02
• Manufacturer: means a person who manufactures but does not include an apothecary who compounds controlled substances to be sold or dispensed on prescriptions. See Rhode Island General Laws 21-28-1.02
• Narcotic drug: means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis:

  (i)  Opium and opiates. See Rhode Island General Laws 21-28-1.02

• Opiate: means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. See Rhode Island General Laws 21-28-1.02
• Ounce: means an avoirdupois ounce as applied to solids and semi-solids, and a fluid ounce as applied to liquids. See Rhode Island General Laws 21-28-1.02
• 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, company, association, operation, firm, partnership, institution, trust, or other form of business association, as well as a natural person. See Rhode Island General Laws 5-5.1-2
• Person: means any corporation, association, partnership, or one or more individuals. See Rhode Island General Laws 21-28-1.02
• person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
• Personal property: All property that is not real property.
• Physical dependence: means a state of adaptation that is manifested by a drug class specific withdrawal syndrome that can be produced by abrupt cessation, rapid dose reduction, decreasing blood level of the drug, and/or administration of an antagonist. See Rhode Island General Laws 21-28-1.02
• Poppy straw: means all parts, except the seeds, of the opium poppy, after mowing. See Rhode Island General Laws 21-28-1.02
• Practitioner: means :

  (i)  A physician, osteopath, dentist, chiropodist, veterinarian, scientific investigator, or other person licensed, registered, or permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state. See Rhode Island General Laws 21-28-1.02

• Private detective: means a person who is hired for the purpose of conducting investigations involving:

  (i)  Inquiries into unsolved crimes;

  (ii)  Clandestine surveillance;

  (iii)  The search for missing persons; and

  (iv)  The search for lost or stolen property. See Rhode Island General Laws 5-5-2

• seal: shall be construed to include an impression of the seal made with or without the use of wax or wafer on the paper. See Rhode Island General Laws 43-3-15
• Statute: A law passed by a legislature.
• town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
• Ultimate user: means a person who lawfully possesses a controlled substance for his or her own use or for the use of a member of his or her household, or for administering to an animal owned by him or her or by a member of his or her household. See Rhode Island General Laws 21-28-1.02
• United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8