A.R.S. tit. 36 ch. 27 — Arizona Revised Statutes Title 36 Chapter 27 — Controlled Substances Act

36-2501. Definitions A. In this chapter, unless the context otherwise requires: 1. "Board" means the Arizona state board of pharmacy. 2. "Cannabis" means the following substances under whatever names they may be designated: (a) Marijuana. (b) All parts of any plant of the genus cannabis, whether growing or not, its seeds, the resin extracted from any part of such plant, and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake or the sterilized seed of such plant which is incapable of germination. (c) Every compound, manufacture, salt, derivative, mixture or preparation of such resin, tetrahydrocannabinol (T.H.C.), or of such plants from which the resin has not been extracted. 3. "Controlled substance" means a drug, substance or immediate precursor in schedules I through V of article 2 of this chapter and the rules adopted pursuant to article 2 of this chapter. 4. "Department" means the department of public safety. 5. "Drug dependent person" means a person who is using a controlled substance and who is in a state of psychic or physical dependence, or both, arising from the use of that substance on a continuous basis. Drug dependence is characterized by behavioral and other responses which include a strong compulsion to take the substance on a continuing basis in order to experience its psychic effects or to avoid the discomfort caused by its absence. 6. "Drug enforcement administration" means the drug enforcement administration of the department of justice of the United States or its successor agency. 7. "Immediate precursor" means a substance that the board has found 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 controlled substance, the control of which is necessary to prevent, curtail or limit manufacture. 8. "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: (a) Opium and opiate and any salt, compound, derivation or preparation of opium or opiate. (b) Any salt, compound, isomer, derivative or preparation that is chemically equivalent or identical with any of the substances referred to in subdivision (a) of this paragraph but not including the isoquinoline alkaloids of opium. (c) Opium poppy and poppy straw. (d) Coca leaves and any salt, compound, derivation or preparation of coca leaves including cocaine and its optical isomers and any salt, compound, isomer, derivation or preparation that is chemically equivalent or identical with any of these substances but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine. (e) Cannabis. 9. "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. It does not include the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include its racemic and levorotatory forms. 10. "Opium poppy" means the plant of the genus papaver, except its seeds. 11. "Poppy straw" means all parts, except the seeds, of the opium poppy after mowing. 12. "Production" means the manufacture, planting, cultivating, growing or harvesting of a controlled substance. 13. "Registrant" means a person registered under the provisions of the federal controlled substances act (P.L. 91-513; 84 Stat. 1242; 21 U.S.C. sec. 801 et seq.). 14. "Schedule I controlled substances" means the controlled substances identified, prescribed or listed in or adopted by rule pursuant to section 36-2512. 15. "Schedule II controlled substances" means the controlled substances identified, prescribed or listed in or adopted by rule pursuant to section 36-2513. 16. "Schedule III controlled substances" means the controlled substances identified, prescribed or listed in or adopted by rule pursuant to section 36-2514. 17. "Schedule IV controlled substances" means the controlled substances identified, prescribed or listed in or adopted by rule pursuant to section 36-2515. 18. "Schedule V controlled substances" means the controlled substances identified, prescribed or listed in or adopted by rule pursuant to section 36-2516. 19. "Scientific purpose" means research, teaching or chemical analysis. 20. "State", when applied to a part of the United States, means any state, district, commonwealth, territory or insular possession of the United States and any area subject to the legal authority of the United States of America. B. Words or phrases in this chapter, if not defined in subsection A of this section, have the definitions given them in title 32, chapter 18, article 1, unless the context otherwise requires. 36-2511. Nomenclature (L21, Ch. 61, sec. 12) The controlled substances listed or to be listed in the schedules in sections 36-2512, 36-2513, 36-2514, 36-2515, 36-2516 and 36-2517 or the rules adopted pursuant to this article are included by whatever official, common, usual, chemical or trade name designated. 36-2511. Nomenclature (L25, Ch. 231, sec. 1; Conditionally Eff.) The controlled substances listed or to be listed in the schedules in sections 36-2512, 36-2513, 36-2514, 36-2515, 36-2516, 36-2517 and 36-2517.02 or the rules adopted pursuant to this article are included by whatever official, common, usual, chemical or trade name designated. 36-2512. Substances in schedule I; rules A. The board shall adopt by rule the schedule I controlled substances listed in 21 Code of Federal Regulations section 1308.11 and section 13-3401 and shall amend the rules, as necessary, to reflect any changes in the schedule I controlled substance designations. B. The board may except by rule any compound, mixture or preparation containing any substance adopted by rule pursuant to this section from the application of all or any part of this chapter if the compound, mixture or preparation contains one or more active medicinal ingredients and if the admixtures are included therein in combinations, quantity, proportion or concentration that vitiates the potential for abuse. 36-2513. Substances in schedule II; rules A. The board shall adopt by rule the schedule II controlled substances listed in 21 Code of Federal Regulations section 1308.12 and shall amend the rules, as necessary, to reflect any changes in the schedule II controlled substance designations. B. The board may except by rule any compound, mixture or preparation containing any substance adopted by rule pursuant to this section from the application of all or any part of this chapter if the compound, mixture or preparation contains one or more active medicinal ingredients and if the admixtures are included therein in combinations, quantity, proportion or concentration that vitiates the potential for abuse. 36-2514. Substances in schedule III; rules; definition A. The board shall adopt by rule the schedule III controlled substances listed in 21 Code of Federal Regulations sections 1300.01 and 1308.13 and shall amend the rules, as necessary, to reflect any changes in the schedule III controlled substance designations. B. If any person prescribes, dispenses or distributes an anabolic steroid for human use that has been approved by the United States food and drug administration for the express intent of administration through implants to cattle or other nonhuman species, the person shall be considered to have prescribed, dispensed or distributed an anabolic steroid within the meaning of this section. C. The board may except by rule any compound, mixture or preparation containing any substance adopted by rule pursuant to this section from the application of all or any part of this chapter if the compound, mixture or preparation contains one or more active medicinal ingredients and if the admixtures are included therein in combinations, quantity, proportion or concentration that vitiates the potential for abuse. D. For the purposes of this section, "anabolic steroid" means any drug or hormonal substance that is chemically or pharmacologically related to testosterone, other than estrogens, progestins, corticosteroids and dehydroepiandrosterone. 36-2515. Substances in schedule IV; rules A. The board shall adopt by rule the schedule IV controlled substances listed in 21 Code of Federal Regulations section 1308.14 and shall amend the rules, as necessary, to reflect any changes in the schedule IV controlled substance designations. B. The board may except by rule any compound, mixture or preparation containing any substance adopted by rule pursuant to this section from the application of all or any part of this chapter if the compound, mixture or preparation contains one or more active medicinal ingredients and if the admixtures are included therein in combinations, quantity, proportion or concentration that vitiates the potential for abuse. 36-2516. Substances in schedule V; rules A. The board shall adopt by rule the schedule V controlled substances listed in 21 Code of Federal Regulations section 1308.15 and shall amend the rules, as necessary, to reflect any changes in the schedule V controlled substance designations. B. Any compound or preparation containing the single active ingredient ephedrine or any of its salts is included in schedule V. 36-2517. United States food and drug administration; approved medication Any compound, mixture or preparation that contains cannabidiol and that is approved by the United States food and drug administration and rescheduled by the United States drug enforcement administration is a controlled substance for the purposes of this chapter and may be prescribed in this state. 36-2517.02. United States food and drug administration; approved medication; rescheduling (Conditionally Eff.) Any pharmaceutical composition of crystalline polymorph psilocybin that is approved by the United States food and drug administration and rescheduled by the United States drug enforcement administration to a schedule other than schedule I of the controlled substances act (P.L. 91-513; 84 Stat. 1242; 21 United States Code sections 801 through 904) is a controlled substance for the purposes of this chapter and may be prescribed in this state. 36-2517.03. United States food and drug administration; approved medications; scheduling; prescription authority Notwithstanding any other provision of this chapter to the contrary, without any further action by the board: 1. Any compound, mixture or preparation that is approved by the United States food and drug administration and that is scheduled or rescheduled by the United States drug enforcement administration is assigned the identical schedule under this chapter. 2. Any compound, mixture or preparation that is approved by the United States food and drug administration and that is scheduled or rescheduled by the United States drug enforcement administration to a schedule other than schedule I of the controlled substances act (P.L. 91-513; 84 Stat. 1242; 21 United States Code sections 801 through 904) is a controlled substance for the purposes of this chapter and may be prescribed in this state. 36-2518. Schedule exemptions; rules The rules adopted by the board pursuant to sections 36-2512, 36-2513, 36-2514, 36-2515 and 36-2516 may not include any material, compound, mixture or preparation that contains any quantity of a controlled substance and that is listed as an exempt substance in 21 Code of Federal Regulations section 1308.22, 1308.24, 1308.26, 1308.32 or 1308.34. 36-2521. Rules The board may promulgate necessary and reasonable rules relating to the registration and control of the manufacture, distribution and dispensing of controlled substances within this state. 36-2522. Registration requirements A. Every person who manufactures, distributes, dispenses, prescribes or uses for scientific purposes any controlled substance within this state or who proposes to engage in the manufacture, distribution, prescribing or dispensing of or using for scientific purposes any controlled substance within this state must first: 1. Obtain and possess a current license or permit as a medical practitioner as defined in section 32-1901 or as a pharmacy, pharmacist, manufacturer or wholesaler pursuant to title 32, chapter 18. 2. Be a registrant under the federal controlled substances act (P.L. 91-513; 84 Stat. 1242; 21 United States Code section 801 et seq.). B. A person who is registered under this chapter to manufacture, distribute, dispense, prescribe or use for scientific purposes controlled substances may possess, manufacture, distribute, dispense, prescribe or use for scientific purposes those substances to the extent authorized by that person's license or permit in conformity with this chapter and title 32, chapter 18. C. The following persons need not register and may lawfully possess controlled substances under this chapter: 1. An agent or employee of any registered manufacturer, distributor or dispenser of any controlled substance if he is acting in the usual course of his business or employment. 2. A common or contract carrier or warehouseman or that person's employee whose possession of any controlled substance is in the usual course of business or employment. 3. An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a medical practitioner or in lawful possession of a schedule V substance. 4. An officer or employee of the department of public safety, a professional regulatory board established by title 32, chapter 7, 11, 13, 14, 15, 16, 17, 18, 21, 25 or 29 or the Arizona state board of pharmacy or a peace officer as defined in section 1-215 in the lawful performance of that person's duties. D. The board may waive by rule the requirement for registration of certain manufacturers, distributors or dispensers if the board finds waiver consistent with the public health and safety or the requirements of the United States drug enforcement administration. E. The board or its designee may inspect the establishment of a registrant or applicant for registration in accordance with the board's regulation if the board or its designee has information that the board or its designee believes would require an on-site inspection. 36-2523. Records of registrants; inspection; confidentiality A. Persons registered to manufacture, distribute or dispense controlled substances under this chapter shall keep records and maintain inventories in conformance with the record keeping and inventory requirements of federal law and title 32, chapter 18, and with any additional rules the board issues. Prescription orders must be filed as required by section 36-2525. B. A person who holds a permit to operate a pharmacy issued under title 32, chapter 18 shall inventory schedule II, III, IV and V controlled substances as prescribed by federal law. The permit holder shall conduct this inventory on May 1 of each year or as directed by the Arizona state board of pharmacy. The permit holder shall also conduct this inventory if there is a change of ownership or discontinuance of business or within ten days of a change of a pharmacist in charge. C. These records and inventories shall be open for inspection by peace officers in the performance of their duties. An officer shall not divulge information obtained pursuant to this subsection except in connection with a prosecution, investigation, judicial proceeding or administrative proceeding in which the person to whom the information relates is a party. 36-2524. Order forms Controlled substances in schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with the provisions of federal law respecting order forms shall be deemed compliance with this section. 36-2525. Prescription orders; labels; recordkeeping; definition A. In addition to the requirements of section 32-1968 pertaining to prescription orders for prescription-only drugs, the prescription order for a controlled substance shall bear the name, address and federal registration number of the prescriber. A prescription order for a schedule II controlled substance drug other than a hospital drug order for a hospital inpatient shall contain only one drug order per prescription blank. If authorized verbally by the prescriber, the pharmacist may make changes to a written or electronic schedule II controlled substance prescription order, except for any of the following: 1. The patient's name. 2. The prescriber's name. 3. The drug name. B. The pharmacist must document on the original prescription order the changes that were made pursuant to the verbal authorization and record the time and date the authorization was granted. C. A person who is registered to dispense controlled substances under this chapter must keep and maintain prescription orders for controlled substances as follows: 1. Prescription orders for controlled substances listed in schedules I and II must be maintained in a separate prescription file for controlled substances listed in schedules I and II only. 2. Prescription orders for controlled substances listed in schedules III, IV and V must be maintained either in a separate prescription file for controlled substances listed in schedules III, IV and V only or in a form that allows them to be readily retrievable from the other prescription records of the registrant. For the purposes of this paragraph, "readily retrievable" means that, when the prescription is initially filed, the face of the prescription is stamped in red ink in the lower right corner with the letter "C" in a font that is at least one inch high and that the prescription is filed in the usual consecutively numbered prescription file for noncontrolled substance prescriptions. The requirement to stamp the hard copy prescription with a red "C" is waived if a registrant employs an electronic data processing system or other electronic recordkeeping system for prescriptions that allows identification by prescription number and retrieval of original documents by the prescriber's name, patient's name, drug dispensed and date filled. D. Except in emergency situations in conformity with subsection E of this section, under the conditions specified in subsections F and G of this section or when dispensed directly by a medical practitioner to an ultimate user, a controlled substance in schedule II shall not be dispensed without either the written prescription order in ink or indelible pencil or typewritten and manually signed by the medical practitioner or an electronic prescription order as prescribed by federal law or regulation. A schedule II controlled substance that is an opioid may be dispensed only with an electronic prescription order as prescribed by federal law or regulation. A prescription order for a schedule II controlled substance shall not be dispensed more than ninety days after the date on which the prescription order was issued. Notwithstanding any other provision of this section, a pharmacy may sell and dispense a schedule II controlled substance prescribed by a medical practitioner who is located in another state if the prescription was issued to the patient according to and in compliance with the applicable laws of the state of the prescribing medical practitioner and federal law. A prescription order for a schedule II controlled substance shall not be refilled. A pharmacist is not in violation of this subsection and may dispense a prescription order in the following circumstances: 1. During any time period in which an established electronic prescribing system or a pharmacy management system is not operational or available in a timely manner. If the electronic prescribing system or a pharmacy management system is not operational or available, the pharmacist may dispense a prescription order that is written for a schedule II controlled substance that is an opioid. The pharmacist must maintain a record, for a period of time prescribed by the board, of when the electronic prescribing system or pharmacy management system is not operational or available in a timely manner. 2. The prescription order for a schedule II controlled substance that is an opioid is in writing and indicates that the medical practitioner who issued the prescription order provided care for the patient in a veterans administration facility, a health facility on a military base, an Indian health services hospital or other Indian health service facility, or a tribal-owned clinic. E. In emergency situations, emergency quantities of schedule II controlled substances may be dispensed on an oral prescription order of a medical practitioner. Such an emergency prescription order shall be immediately reduced to writing by the pharmacist and shall contain all the information required for schedule II controlled substances except for the manual signing of the order by the medical practitioner. Within seven days after authorizing an emergency oral prescription order, the prescribing medical practitioner shall cause a written prescription order manually signed for the emergency quantity prescribed to be delivered to the dispensing pharmacist or an electronic prescription order to be transmitted to the dispensing pharmacist. In addition to conforming to other requirements for prescription orders for schedule II controlled substances, the prescription order shall indicate electronically or have written on its face "authorization for emergency dispensing" and the date of the oral order. If the prescribing medical practitioner fails to deliver such an emergency prescription order within seven days in conformance with board rules, the pharmacist shall notify the board. Failure of the pharmacist to notify the board voids the authority conferred by this subsection to dispense without a prescription order of a medical practitioner that is electronic or that is written and manually signed. F. Notwithstanding subsections D and N of this section, a patient's medical practitioner or the medical practitioner's agent may transmit to a pharmacy by fax a prescription order written for a schedule II controlled substance, including opioids, if the prescription order is any of the following: 1. To be compounded for the direct administration to a patient by parenteral, intravenous, intramuscular, subcutaneous or intraspinal infusion. 2. For a resident of a long-term care facility. 3. For a patient who is enrolled in a hospice care program that is certified or paid for by medicare under title XVIII or a hospice program that is licensed by this state. The medical practitioner or the medical practitioner's agent must note on the prescription that the patient is a hospice patient. G. A fax transmitted pursuant to subsection F of this section is the original written prescription order for purposes of this section and must be maintained as required by subsection C of this section. H. Except when dispensed directly by a medical practitioner to an ultimate user, a controlled substance included in schedule III or IV that requires a prescription order as determined under state or federal laws shall not be dispensed without a written or oral prescription order of a medical practitioner or an electronic prescription order as prescribed by federal law or regulation. The prescription order shall not be filled or refilled more than six months after the date on which the prescription order was issued. A prescription order authorized to be refilled shall not be refilled more than five times. Additional quantities may only be authorized by the prescribing medical practitioner through issuance of a new prescription order that shall be treated by the pharmacist as a new and separate prescription order. I. Except when dispensed directly by a medical practitioner to an ultimate user, a controlled substance that is included in schedule V and that requires a prescription order as determined under state or federal laws shall not be dispensed without a written or oral prescription order of a medical practitioner. The prescription order may be refilled as authorized by the prescribing medical practitioner but shall not be filled or refilled more than one year after the date of issuance. J. A controlled substance that is listed in schedule III, IV or V and that does not require a prescription order as determined under state or federal laws may be dispensed at retail by a pharmacist or a pharmacy intern under the pharmacist's supervision without a prescription order to a purchaser who is at least eighteen years of age if all of the following are true: 1. It is for a legitimate medical purpose. 2. Not more than two hundred forty cubic centimeters (eight ounces) of any such controlled substance containing opium, nor more than one hundred twenty cubic centimeters (four ounces) of any other such controlled substance, nor more than forty-eight dosage units of any such controlled substance containing opium, nor more than twenty-four dosage units of any other controlled substance may be dispensed at retail to the same purchaser in any given forty-eight-hour period. 3. Not more than one hundred dosage units of any single active ingredient ephedrine preparation may be sold, offered for sale, bartered or given away to any one person in any one thirty-day period. 4. The pharmacist or pharmacy intern requires every purchaser of a controlled substance under this subsection who is not known to that person to furnish suitable identification, including proof of age if appropriate. 5. A bound record book for dispensing controlled substances under this subsection is maintained by the pharmacist and contains the name and address of the purchaser, the name and quantity of the controlled substance purchased, the date of each purchase and the name or initials of the pharmacist or pharmacy intern who dispensed the substance to the purchaser. The book shall be maintained in conformity with the recordkeeping requirements of section 36-2523. K. In the absence of a law requiring a prescription for a schedule V controlled substance, the board, by rules, may require, or remove the requirement of, a prescription order for a schedule V controlled substance. L. The label on a container of a controlled substance that is directly dispensed by a medical practitioner or pharmacist and that is not for the immediate administration to the ultimate user, such as a bed patient in a hospital, shall bear the name and address of the dispensing medical practitioner or pharmacist, the serial number, the date of dispensing, the name of the prescriber, the name of the patient or, if an animal, the name of the owner of the animal and the species of the animal, the directions for use and cautionary statements, if any, contained in the prescription order or required by law. If the controlled substance is included in schedule II, III or IV, the label shall bear a transfer warning to the effect: "Caution: federal law prohibits the transfer of this drug to any person other than the patient for whom it was prescribed". The container of a schedule II controlled substance that is an opioid that is directly dispensed by a pharmacist and that is not for the immediate administration to the ultimate user shall have a warning label prescribed by the board about potential addiction. M. Controlled substances in schedules II, III, IV and V may be dispensed as electronically transmitted prescriptions if the prescribing medical practitioner is all of the following: 1. Properly registered by the United States drug enforcement administration. 2. Licensed in good standing in the United States jurisdiction in which the medical practitioner practices. 3. Authorized to issue such prescriptions in the jurisdiction in which the medical practitioner is licensed. N. Notwithstanding any other provision of this section, each prescription order, except a prescription order under subsection F of this section, that is issued by a medical practitioner for a schedule II controlled substance that is an opioid shall be transmitted electronically to the dispensing pharmacy. A medical practitioner is not in violation of this subsection: 1. During any time in which an established electronic prescribing system or a pharmacy management system is not operational or available in a timely manner. If the electronic prescribing system or a pharmacy management system is not operational or available, the medical practitioner may write a prescription order for a schedule II controlled substance that is an opioid. The medical practitioner shall indicate on the written prescription order that the electronic prescribing system or pharmacy management system is not operational or available. The medical practitioner must maintain a record, for a period of time prescribed by the board, of when the electronic prescribing system or pharmacy management system is not operational or available in a timely manner. 2. If the medical practitioner writes a prescription order for a schedule II controlled substance that is an opioid that will be dispensed for the patient from a veterans administration facility, a health facility on a military base, an Indian health services hospital or other Indian health service facility, or a tribal-owned clinic. O. The requirement in subsections D and N of this section for an electronic prescription order does not apply to a prescription order for a schedule II controlled substance that is an opioid that is issued for medication-assisted treatment for a substance use disorder. P. The board, by rule, may provide additional requirements for prescribing and dispensing controlled substances. Q. In consultation with the compliance work group established pursuant to section 36-2603, the board may prescribe by rule additional exceptions to the electronic prescribing requirements specified in this section for both pharmacists and medical practitioners. R. Notwithstanding subsections D and N of this section, a medical practitioner who is licensed pursuant to title 32, chapter 21 is not required to comply with the electronic prescribing requirements of subsections D and N of this section until the Arizona state veterinary medical examining board determines that electronic prescribing software is widely available for veterinarians and notifies the Arizona state board of pharmacy of that determination. S. For the purposes of this section, "medication-assisted treatment" has the same meaning prescribed in section 32-3201.01. 36-2531. Prohibited acts; classification A. It is unlawful for any person: 1. Who is subject to article 3 of this chapter to intentionally or knowingly distribute or dispense a controlled substance in violation of section 36-2525. 2. Who is a registrant to intentionally or knowingly manufacture a controlled substance not authorized by that person's registration or to intentionally or knowingly distribute or dispense a controlled substance not authorized by that person's registration to another registrant or other authorized person. 3. To intentionally or knowingly refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under this chapter. 4. To intentionally or knowingly refuse entry into any premises for any inspection authorized by this chapter. 5. To knowingly dispense or deliver anabolic steroids without a written prescription or for a nontherapeutic use. 6. To intentionally or knowingly sell, buy, exchange or give away any preparation subject to section 36-2516 or the rules adopted pursuant to section 36-2516, unless the preparation is to be used for a legitimate medical purpose and in compliance with this chapter. B. Notwithstanding any other law, any person who violates any provision of subsection A of this section is guilty of a class 4 felony. C. It is unlawful for any person intentionally or knowingly: 1. To distribute as a registrant a controlled substance classified in schedule I or II, except pursuant to an order form as required by section 36-2524. 2. To furnish false or fraudulent material information in, or omit any material information from, any application, report or other document required to be kept or filed under this chapter or any record required to be kept by this chapter. D. A person who violates any provision of subsection C of this section is guilty of a class 4 felony. E. A person shall not provide a false prescription for a controlled substance or knowingly or intentionally acquire or obtain possession of a controlled substance by means of forgery, fraud, deception or subterfuge, including the forgery or falsification of a prescription or the nondisclosure of a material fact. A person who violates this subsection is guilty of a class 4 felony. F. Controlled substances, vehicles and items used or intended for use in violation of this chapter are subject to seizure and forfeiture in the manner provided in title 13, chapter 39. 36-2541. Administrative inspections and warrants A. Issuance and execution of administrative inspection warrants for purposes of this chapter shall be as follows: 1. A judge of a state court of record or any justice of the peace or magistrate within his jurisdiction and upon proper oath or affirmation showing probable cause may issue warrants for the purpose of conducting administrative inspections authorized by this chapter or rules adopted pursuant to this chapter and seizures of property appropriate to the inspections. For purposes of the issuance of administrative inspection warrants, probable cause exists upon showing a valid public interest in the effective enforcement of this chapter, or rules and regulations adopted pursuant to this chapter, sufficient to justify administrative inspection of the area, premises, building or conveyance in the circumstances specified in the application for the warrant. 2. A warrant shall issue only upon an affidavit of a peace officer or a member, officer or employee of the board having knowledge of the facts alleged, sworn to before the judge or magistrate and establishing the grounds for issuing the warrant. If the judge or magistrate is satisfied that grounds for the application exist or that there is probable cause to believe they exist, such judge or magistrate shall issue a warrant identifying the area, premises, building or conveyance to be inspected, the purpose of the inspection and the type of property to be inspected, if any. The warrant shall: (a) State the grounds for its issuance and the name of each person whose affidavit has been taken in support thereof. (b) Be directed to a peace officer to execute it. (c) Command the person to whom it is directed to inspect the area, premises, building or conveyance identified for the purpose specified and, if appropriate, direct the seizure of the property specified. (d) Identify the item or types of property to be seized, if any. (e) Direct that it be served during normal business hours and designate the judge or magistrate to whom it shall be returned. 3. A warrant issued pursuant to this section shall be executed and returned within ten days of its date unless, upon a showing of a need for additional time, the court orders otherwise. If property is seized pursuant to a warrant, a copy shall be given to the person from whom or from whose premises the property is taken, together with a receipt for the property taken. The return of the warrant shall be made promptly, accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken, if present, or in the presence of at least one credible person other than the person executing the warrant. A copy of the inventory shall be delivered to the person from whom or from whose premises the property was taken and to the applicant for the warrant. 4. The judge or magistrate who has issued a warrant shall attach to such warrant a copy of the return and all papers returnable and file them with the clerk of the court in which the inspection was executed. B. The board, its members, officers or employees and officers and employees of the department or other peace officers may make administrative inspections of controlled premises in accordance with the following provisions: 1. For purposes of this section only, "controlled premises" means: (a) Places where persons registered or exempted from registration requirements under this chapter are required to keep records. (b) Places including factories, warehouses, establishments and conveyances in which persons registered or exempted from registration requirements under this chapter are permitted to hold, manufacture, compound, process, sell, deliver or otherwise dispose of any controlled substance. 2. When executing an administrative inspection warrant issued pursuant to subsection A of this section a peace officer may be accompanied by a member, officer or employee of the board, and upon presenting the warrant and appropriate credentials to the owner, operator or agent in charge they may enter controlled premises for the purpose of conducting an administrative inspection. 3. When authorized by an administrative inspection warrant, such officer or employee may: (a) Inspect and copy records required by this chapter to be kept. (b) Inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found in such premises and, except as provided in paragraph 5 of this subsection, all other things, including records, files, papers, processes, controls and facilities bearing on any violation of this chapter. (c) Inventory any stock of any controlled substance and obtain samples of such substance. 4. This section does not prevent the inspection without a warrant of books and records pursuant to an administrative subpoena nor does it prevent entries and administrative inspections, including seizures of property, without a warrant: (a) If the owner, operator or agent in charge of the controlled premises consents. (b) In situations presenting imminent danger to health or safety. (c) In situations involving inspection of conveyances if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant. (d) In any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking. (e) In all other situations in which a warrant is not constitutionally required. 5. An inspection authorized by this section shall not extend to financial data, sales data, other than shipment data, or pricing data unless the owner, operator or agent in charge of the controlled premises consents in writing. 36-2542. Cooperation of agencies A. The board and department shall cooperate with federal and other state agencies in discharging responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances, including the dissemination of information to law enforcement agencies relating to any person who is known to have violated or who is suspected of violating this chapter to obtain a controlled substance in violation of section 36-2531. B. Results, information and evidence received from the United States drug enforcement administration relating to the regulatory functions of this chapter, including results of inspections conducted by it, may be relied and acted upon by the board or department in the exercise of its regulatory functions under this chapter. 36-2543. Review All final civil determinations, findings and conclusions of the board or the department under this chapter are final and conclusive unless appealed pursuant to title 12, chapter 7, article 6. 36-2544. Education; research; public notices A. The board and department shall cooperate with the department of health services in carrying out educational programs designed to prevent and deter misuse and abuse of narcotic drugs, dangerous drugs, marijuana and controlled substances. In connection with these programs they may: 1. Promote better recognition of the problems of misuse and abuse of narcotic drugs, dangerous drugs, marijuana and controlled substances within the regulated industry and among interested groups and organizations. 2. Assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of narcotic drugs, dangerous drugs, marijuana and controlled substances. 3. Consult with interested groups and organizations to aid them in solving administrative and organizational problems. 4. Evaluate procedures, projects, techniques and controls conducted or proposed as part of educational programs on misuse and abuse of narcotic drugs, dangerous drugs, marijuana and controlled substances. 5. Disseminate the results of research on misuse and abuse of narcotic drugs, dangerous drugs, marijuana and controlled substances to promote a better public understanding of what problems exist and what can be done to combat them. 6. Assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of narcotic drugs, dangerous drugs, marijuana and controlled substances. B. The board, department and department of health services shall encourage research on misuse and abuse of narcotic drugs, dangerous drugs, marijuana and controlled substances. In connection with the research, and in furtherance of the enforcement of this chapter and title 13, chapter 34, they may: 1. Establish methods to assess accurately the effects of narcotic drugs, dangerous drugs, marijuana and controlled substances and identify and characterize those with potential for abuse. 2. Make studies and undertake programs of research to: (a) Develop new or improved approaches, techniques, systems, equipment and devices to strengthen the enforcement of this chapter and title 13, chapter 34. (b) Determine patterns of misuse and abuse of narcotic drugs, dangerous drugs, marijuana and controlled substances and the social effects of such misuse and abuse. (c) Improve methods for preventing, predicting, understanding and dealing with the misuse and abuse of narcotic drugs, dangerous drugs, marijuana and controlled substances. 3. Enter into contracts with public agencies, institutions of higher education and private organizations or individuals for the purpose of conducting research, demonstrations or special projects which bear directly on misuse and abuse of narcotic drugs, dangerous drugs, marijuana and controlled substances. C. The board may authorize the possession and distribution of narcotic drugs, dangerous drugs, marijuana and controlled substances for scientific purposes. Persons who obtain this authorization are exempt from state prosecution for possession and distribution of narcotic drugs, dangerous drugs, marijuana and controlled substances to the extent of the authorization. D. The department shall prescribe the posting of a public notice designed to educate the public regarding the dangers of using anabolic steroids and human growth hormone to deter the illegal use of these drugs. The notice shall cite the laws prohibiting the use of anabolic steroids and human growth hormone and the criminal penalty for their use, distribution, unauthorized prescribing, possession and sale. The department shall require that this notice be displayed prominently in the following locations: 1. High schools, colleges and universities. 2. Professional athletic team facilities. 3. Facilities that offer, promote or provide physical fitness or body building programs to members or clients. 36-2551. Pending proceedings All administrative proceedings pending under prior laws which are superseded by this chapter shall be continued and brought to a final determination in accord with the laws and rules in effect prior to the effective date of this chapter. 36-2552. Continuation of rules Any orders and rules promulgated under any law affected by this chapter and in effect on the effective date of this chapter and not in conflict with it continue in effect until modified, superseded or repealed.