Code of Alabama - Title 20: Food, Drugs and Cosmetics - Chapter 2 - Controlled Substances

• Article 1 General Provisions.
• Section 20-2-1 Short title
  This chapter may be cited as the Alabama Uniform Controlled Substances Act.
• Section 20-2-2 Definitions
  When used in this chapter, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) ADMINISTER. The...
• Section 20-2-3 Immunity of persons reporting suspected use, etc., of controlled substance by minor child
  All persons employed in any capacity in the public, private, and church elementary and secondary schools shall be immune from civil liability for communicating information...
• Article 2 Standards and Schedules.
• Section 20-2-20 Administration of chapter
  (a) The State Board of Health, unless otherwise specified, shall administer this chapter and may add substances to or delete or reschedule all substances enumerated...
• Section 20-2-21 Nomenclature of controlled substances in schedules
  The controlled substances listed or to be listed in the schedules in Sections 20-2-23, 20-2-25, 20-2-27, 20-2-29, and 20-2-31 are included by whatever official, common,...
• Section 20-2-22 Schedule I - Standards for compilation
  The State Board of Health shall place a substance in Schedule I if it finds that the substance: (1) Has high potential for abuse; and...
• Section 20-2-23 Schedule I - Listing of controlled substances
  (a) The Legislature finds the following: (1) New synthetic substances are being created which are not controlled under the provisions of existing state law but...
• Section 20-2-24 Schedule II - Standards for compilation
  The State Board of Health shall place a substance in Schedule II if it finds that: (1) The substance has high potential for abuse; (2)...
• Section 20-2-25 Schedule II - Listing of controlled substances
  The controlled substances listed in this section are included in Schedule II: (1) Any of the following substances, except those narcotic drugs listed in other...
• Section 20-2-26 Schedule III - Standards for compilation
  The State Board of Health shall place a substance in Schedule III if it finds that: (1) The substance has a potential for abuse less...
• Section 20-2-27 Schedule III - Listing of controlled substances
  (a) The controlled substances listed in this section are included in Schedule III: (1) Any material, compound, mixture, or preparation which contains any quantity of...
• Section 20-2-28 Schedule IV - Standards for compilation
  The State Board of Health shall place a substance in Schedule IV if it finds that: (1) The substance has a low potential for abuse...
• Section 20-2-29 Schedule IV - Listing of controlled substances
  (a) The controlled substances listed in this section are included in Schedule IV: (1) Any material, compound, mixture, or preparation which contains any quantity of...
• Section 20-2-30 Schedule V - Standards for compilation
  The State Board of Health shall place a substance in Schedule V if it finds that: (1) The substance has low potential for abuse relative...
• Section 20-2-31 Schedule V - Listing of controlled substances
  The controlled substances listed in this section are included in Schedule V: (1) Any compound, mixture, or preparation containing limited quantities of any of the...
• Section 20-2-32 Revision and republication of schedules
  The State Board of Health shall revise and republish the schedules annually.
• Article 3 Regulation of Manufacture and Distribution.
• Section 20-2-50 Certifying boards to promulgate rules and charge reasonable fees for registration and administration of provisions relating to manufacture, etc., of controlled substances; disposition of fees collected
  (a) The certifying boards shall promulgate rules and charge reasonable fees to defray expenses incurred in registration and administration of the provisions of this article...
• Section 20-2-51 Registration of persons manufacturing, distributing, or dispensing controlled substances - General requirements
  (a) Every person who manufactures, distributes, or dispenses any controlled substance within this state or who proposes to engage in the manufacture, distribution, or dispensing...
• Section 20-2-52 Registration of persons manufacturing, distributing or dispensing controlled substances - Standards; requirements as to practitioners conducting research; effect of federal registration
  (a) The certifying boards shall register only an applicant certified by their respective boards to manufacture, dispense, or distribute controlled substances enumerated in Schedules I,...
• Section 20-2-53 Registration of persons manufacturing, distributing or dispensing controlled substances - Order to show cause; proceedings; review; issuance of stay
  (a) Before denying, suspending, or revoking a registration or refusing a renewal of registration, the certifying boards shall serve upon the applicant or registrant an...
• Section 20-2-54 Registration of persons manufacturing, distributing or dispensing controlled substances - Revocation or suspension of registration - Grounds and procedure generally
  (a) A registration under Section 20-2-52 to manufacture, distribute or dispense a controlled substance may be suspended or revoked by the certifying boards upon a...
• Section 20-2-54.1 Rules and regulations
  The certifying boards under the Alabama Uniform Controlled Substances Act, the State Board of Medical Examiners, and the Medical Licensure Commission are each authorized to...
• Section 20-2-55 Registration of persons manufacturing, distributing or dispensing controlled substances - Revocation or suspension of registration - Suspension without prior order to show cause
  The certifying boards may suspend, without an order to show cause, any registration simultaneously with the institution of proceedings under Section 20-2-54 or where renewal...
• Section 20-2-56 Maintenance of records and inventories by registrants generally
  Persons registered to manufacture, distribute, or dispense controlled substances under this article shall keep records and maintain inventories in conformance with the record keeping and...
• Section 20-2-57 Distribution of certain controlled substances by one registrant to another registrant
  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...
• Section 20-2-58 Dispensing of controlled substances in Schedule II; maintenance of records and inventories by registered pharmacies
  (a) Except as otherwise provided in this section or as otherwise provided by law, a pharmacist may dispense directly a controlled substance in Schedule II...
• Article 3A Assistants to Physcians Authority to Prescribe Controlled Substances.
• Section 20-2-60 Definitions
  As used in this article the following words shall have the following meanings: (1) ADMINISTER. The direct application of a controlled substance, whether by injection,...
• Section 20-2-61 Certification; access to records; establishment of protocols, formularies, or medical regimens
  (a) The board is designated as the certifying board for the registration and approval of an assistant to physician in obtaining or renewing a Qualified...
• Section 20-2-62 Qualifications for certificate
  The board may grant a Qualified Alabama Controlled Substances Registration Certificate to an assistant to physician who: (1) Is practicing with appropriate physician supervision as...
• Section 20-2-63 Prescriptive authority of a certified assistant to physician
  (a) Upon receipt of a Qualified Alabama Controlled Substances Registration Certificate and a valid registration number issued by the United States Drug Enforcement Administration, an...
• Section 20-2-64 Denial of application
  The board may deny an application of an assistant to physician requesting a Qualified Alabama Controlled Substances Registration Certificate, deny a request for a renewal...
• Section 20-2-65 Disciplinary action - Hearing; restriction, suspension, or revocation of certificate
  (a) Any hearing for disciplinary action against an assistant to physician holding a valid Qualified Alabama Controlled Substances Registration Certificate for violations of this article...
• Section 20-2-66 Disciplinary action - Judicial review
  (a) An assistant to physician adversely affected by an order of the board denying an application for a Qualified Alabama Controlled Substances Registration Certificate or...
• Section 20-2-67 Fees; costs; administrative fines
  (a) The board is authorized to charge and collect fees to defray expenses incurred in the registration and issuance of Qualified Alabama Controlled Substances Registration...
• Section 20-2-68 Liability for actions regarding investigations or disciplinary proceedings
  Any member of the board, any agent, employee, consultant, or attorney of the board, any person making any report or rendering any opinion or supplying...
• Section 20-2-69 Promulgation of rules
  The board may adopt rules necessary to carry out the intent, purposes, and provisions of this article.
• Article 4 Offenses and Penalties.
• Section 20-2-71 Prohibited acts B
  (a) It is unlawful for any person: (1) To knowingly or intentionally distribute or dispense a controlled substance in violation of Section 20-2-58; (2) Who...
• Section 20-2-72 Prohibited acts C
  (a) It is unlawful for any person: (1) To distribute as a registrant a controlled substance classified in Schedules I or II, except pursuant to...
• Section 20-2-74 Prescription, administration, etc., of controlled substances by practitioners of veterinary medicine for use of human beings or by practitioners of dentistry for persons not under treatment in regular practice of profession
  (a) It shall be unlawful for any practitioner of dentistry to prescribe, administer, or dispense any controlled substance enumerated in Schedules I through V for...
• Section 20-2-78 Penalties imposed for violations of chapter in addition to other civil or administrative penalties or sanctions
  Any penalty imposed for violation of this chapter is in addition to and not in lieu of any civil or administrative penalty or sanction otherwise...
• Article 4A Trafficking in Illegal Drugs.
• Article 5 Enforcement.
• Section 20-2-90 State Board of Pharmacy, Alabama State Law Enforcement Agency, etc., to enforce chapter; drug inspectors to meet minimum standards
  (a) The State Board of Pharmacy and its drug investigators shall enforce this chapter. The agents and officers of the Alabama State Law Enforcement Agency,...
• Section 20-2-91 Inspection of stocks of controlled substances and prescriptions, orders, etc., required by chapter; disclosure of information as to prescriptions, orders, etc., by enforcement personnel
  (a) Prescriptions, orders, and records required by this chapter and stocks of controlled substances enumerated in Schedules I, II, III, IV, and V shall be...
• Section 20-2-92 Injunctions
  (a) The circuit courts of this state have jurisdiction to restrain or enjoin violations of this chapter. (b) The defendant may demand trial by jury...
• Section 20-2-93 Forfeitures; seizures
  (a) The following are subject to forfeiture: (1) All controlled substances which have been grown, manufactured, distributed, dispensed, or acquired in violation of any law...
• Article 6 Therapeutic Research.
• Section 20-2-110 Short title
  This article shall be known as the "Controlled Substances Therapeutic Research Act."
• Section 20-2-111 Legislative findings; cannabis research
  The Legislature finds that recent research has shown that the use of cannabis may alleviate nausea and ill-effects of cancer chemotherapy, and may alleviate the...
• Section 20-2-112 Definitions
  As used in this article the following words, unless the context clearly indicates the contrary, shall have the following meanings: (1) CONTROLLED SUBSTANCE. The same...
• Section 20-2-113 Controlled Substances Therapeutic Research Program - Established; review committee; rules and regulations; formulation with federal agencies
  There is hereby established by the State Board of Medical Examiners the Controlled Substances Therapeutic Research Program. The board shall administer the program by a...
• Section 20-2-114 Controlled Substances Therapeutic Research Program - Limited to cancer chemotherapy and glaucoma patients; certification; exemption from prosecution
  Except as herein otherwise provided, the Controlled Substances Therapeutic Research Program shall be limited to cancer chemotherapy patients and glaucoma patients, who are certified to...
• Section 20-2-115 Composition of review committee
  The review committee shall consist of: (a) one physician licensed to practice medicine in this state and certified by the American Board of Ophthalmology; (b)...
• Section 20-2-116 Certification in subspecialty of oncology required; certification by State Board of Medical Examiners; recertification
  Only physicians in the practice of medicine as prescribed in Section 20-2-115 and specifically certified by the State Board of Medical Examiners to dispense cannabis...
• Section 20-2-117 Contracts for receipt of cannabis; Board of Medical Examiners to promulgate guidelines, rules and regulations
  The State Board of Medical Examiners may apply to contract with the National Institute of Drug Abuse for receipt of cannabis pursuant to the regulations...
• Section 20-2-118 Annual reports to Governor and Legislature
  Each year, on or before the fifth day of the Regular Session of the Legislature the State Board of Medical Examiners, in conjunction with the...
• Section 20-2-119 Enumeration as Schedule I or II substance inapplicable
  The enumeration of cannabis, tetrahydrocannabinols or a chemical derivative thereof as a Schedule I or II controlled substance under Article 2 of Chapter 2 of...
• Section 20-2-120 Penalties
  Any person or any practitioner who prescribes or dispenses cannabis or any of its derivatives for reasons other than outlined in this article upon conviction...
• Article 7 Imitation Controlled Substances.
• Section 20-2-140 Short title
  This article shall be known and may be cited as the Imitation Controlled Substances Act.
• Section 20-2-141 Definitions
  As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) CONTROLLED SUBSTANCE. A substance...
• Section 20-2-142 Legislative intent
  It is the intent of the Legislature to remove the merchandising of the "imitation controlled substance" or "lookalike drug" from the street corners, school yards,...
• Section 20-2-143 Manufacture, distribution, possession, or advertisement of imitation controlled substances prohibited; penalties; immunity of certain persons from liability
  (a) Manufacture or distribution. It is unlawful for any person to manufacture, distribute, or possess with intent to distribute or sell an imitation controlled substance....
• Section 20-2-144 Exceptions
  Nothing in this article shall apply to a noncontrolled substance that was initially introduced into commerce prior to the initial introduction into commerce of the...
• Article 8 Solicitation, Attempt and Conspiracy to Commit Controlled Substance Crime.
• Article 9 Precursor Chemicals.
• Section 20-2-180 Definitions
  As used in this article and unless otherwise specified, the following terms are defined as follows: (1) BOARD or BOARD OF PHARMACY. The Alabama State...
• Section 20-2-181 Board to designate by rule listed precursor chemicals; interim list established
  (a) The Board of Pharmacy shall, within one year of July 29, 1991, designate by rule listed precursor chemicals. (b) The Board of Pharmacy may...
• Section 20-2-182 License required for furnishing listed precursor chemical; licensing procedure; record of transactions
  (a) A manufacturer, wholesaler, retailer, or other person who sells, transfers, manufactures, purchases for resale, or otherwise furnishes any listed precursor chemical defined in Section...
• Section 20-2-183 Permit for possession; requirements to receive permit; copies
  (a) Any person having a legitimate need for using a listed precursor chemical defined in Section 20-2-181, shall apply in person to the Board of...
• Section 20-2-184 Denial, suspension or revocation of license
  A license or permit, obtained pursuant to Section 20-2-182 or 20-2-183, shall be denied, suspended, or revoked by the Board of Pharmacy upon finding that...
• Section 20-2-185 Reporting transactions - Board to supply form
  (a) Any person who sells, transfers, purchases for resale, or otherwise furnishes to a person in this state a listed precursor chemical shall submit a...
• Section 20-2-186 Procedure upon discovery of loss or theft of chemicals - Records - Audits and inspections of records
  (a) Any person, licensed or permitted, who discovers a loss or theft of, or disposes of a chemical listed in Section 20-2-181 shall: (1) Submit...
• Section 20-2-187 Adoption of rules; administrative fees authorized
  The Board of Pharmacy may adopt reasonable rules to effectuate the provisions of this article. The board is further authorized to charge reasonable fees to...
• Section 20-2-188 Exceptions to requirements for sale or transfer of chemicals, and to licensing requirements
  (a) The provisions of this article shall not apply to the sale or transfer of products which include a listed precursor chemical if the product...
• Section 20-2-189 Property rights in chemicals forfeited upon violation
  All listed precursor chemicals as defined in Section 20-2-181, which have been, or which are intended to be sold, transferred, manufactured, purchased for resale, possessed,...
• Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force
  (a) Any person who manufactures, sells, transfers, receives, or possesses a listed precursor chemical violates this article if the person: (1) Knowingly fails to comply...
• Section 20-2-190.1 Legislative intent
  (a) The Legislature finds the following: (1) The danger of methamphetamine manufacture to the public and especially to law enforcement involved in the investigation and...
• Section 20-2-190.2 Electronic drug offender tracking system
  (a) For the purposes of this section, the following words shall have the following meanings: (1) DRUG RELATED CONVICTION. Any conviction or plea of nolo...
• Article 10 Controlled Substances Prescription Database.
• Section 20-2-210 Legislative findings
  The Alabama Legislature hereby finds that the diversion, abuse, and misuse of prescription medications classified as controlled substances under the Alabama Uniform Controlled Substances Act...
• Section 20-2-211 Definitions
  For the purposes of this article, the following terms shall have the respective meanings ascribed by this section: (1) CERTIFYING BOARDS. Those boards designated in...
• Section 20-2-212 Controlled substances prescription database program; powers and duties of department; trust fund; advisory committee; review committee
  (a) The department may establish, create, and maintain a controlled substances prescription database program. In order to carry out its responsibilities under this article, the...
• Section 20-2-213 Reporting requirements
  (a) Each of the entities designated in subsection (b) shall report to the department, or to an entity designated by the department, controlled substances prescription...
• Section 20-2-214 Limited access to database permitted for certain persons or entities
  (a) The following persons or entities shall be permitted access to the information in the controlled substances database, subject to the limitations indicated below: (1)...
• Section 20-2-215 Confidentiality of database
  (a) The controlled substances database and all information contained therein and any records maintained by the department or by any entity contracting with the department...
• Section 20-2-216 Unauthorized disclosure of information; unauthorized access, alteration, or destruction of information
  Any person who intentionally makes an unauthorized disclosure of information contained in the controlled substances prescription database shall be guilty of a Class A misdemeanor....
• Section 20-2-217 Surcharge on controlled substance registration certificate
  There is hereby assessed a surcharge in the amount of ten dollars ($10) per year on the controlled substance registration certificate of each licensed medical,...
• Section 20-2-218 Reimbursement of certain costs incurred in compliance with article
  The department is authorized to grant funds to participating pharmacies for the purpose of reimbursing reasonable costs for dedicated equipment and software incurred by pharmacies...
• Section 20-2-219 Database funding
  The department may make deposits into the fund from any source, public or private, including grants or contributions of money or other items of value,...
• Section 20-2-220 Liability for reporting
  Any person or entity required to report information concerning controlled substance prescriptions to the department, or to its designated agent, pursuant to the requirements of...
• Article 11 Prescribing of Certain Schedules of Controlled Substances by Certified Registered Nurse Practitioners and Certified Nurse Midwives.
• Section 20-2-250 Definitions
  As used in this article, the following words shall have the following meanings: (1) ADMINISTER. The direct application of a controlled substance whether by injection,...
• Section 20-2-251 Certifying board; advisory committee; access to records; protocols, formularies, medical regimens
  (a) The Board of Medical Examiners is hereby designated as the certifying board for the registration and approval of a certified registered nurse practitioner (CRNP)...
• Section 20-2-252 Certificate requirements
  The Board of Medical Examiners may grant a Qualified Alabama Controlled Substances Registration Certificate (QACSC) to a certified registered nurse practitioner (CRNP) or certified nurse...
• Section 20-2-253 Prescription, administration, dispensing of controlled substances
  (a) Upon receipt of a Qualified Alabama Controlled Substances Registration Certificate (QACSC) and a valid registration number issued by the United States Drug Enforcement Administration,...
• Section 20-2-254 Grounds for denial of application or request for renewal, etc
  The Board of Medical Examiners may deny an application of a certified registered nurse practitioner (CRNP) or a certified nurse midwife (CNM) requesting a Qualified...
• Section 20-2-255 Hearings; restriction, suspension, revocation of certificate
  (a) Any hearing regarding the issuance, restriction, limitation, suspension, or revocation of a Qualified Alabama Controlled Substances Registration Certificate (QACSC) held by a certified registered...
• Section 20-2-256 Judicial review
  (a) A certified registered nurse practitioner (CRNP) or certified nurse midwife (CNM) adversely affected by an order of the Board of Medical Examiners denying an...
• Section 20-2-257 Fees
  The Board of Medical Examiners may charge and collect fees to defray expenses incurred in the registration and issuance of a Qualified Alabama Controlled Substances...
• Section 20-2-258 Liability
  Any member of the Board of Medical Examiners, any agent, employee, consultant, or attorney of the board, any person making any report or rendering any...
• Section 20-2-259 Rules
  The Board of Medical Examiners may adopt rules necessary to carry out the intent, purposes, and provisions of this article.
• Article 12 Limited Purpose Schedule II Permit.
• Section 20-2-260 Permit authorized
  (a) The Board of Medical Examiners may at any future date it chooses create a Limited Purpose Schedule II Permit (LPSP), and assess fees associated...
• Article 13 Opioid Antagonist Administration.
• Section 20-2-280 Opioid antagonist prescriptions; administration; liability
  (a) For the purposes of this section, "opioid antagonist" means naloxone hydrocholoride or other similarly acting drug that is approved by the federal Food and...
• Section 20-2-281 Individuals under age of 21 seeking medical assistance for another
  (a) Notwithstanding any other law to the contrary, an individual under 21 years of age may not be prosecuted for the possession or consumption of...
• Section 20-2-282 Training of law enforcement officers to carry and administer opioid antagonists
  On or before January 1, 2016, the Alabama Department of Public Health shall approve a specific training curriculum for completion by law enforcement officers who...
• Section 20-2-283 Publication of standing orders, etc., for dispensing opioid antagonists
  The State Health Officer or the respective county health officers shall have authority to publish the standing order or orders, including any necessary guidelines or...
• Section 20-2-284 Authority to dispense opioid antagonists
  Any individual dispensing an opioid antagonist pursuant to Section 20-2-280 who is otherwise qualified, including a registered nurse in the employment of the State Health...
• Article 14 Treatment of Opioid; MAT.
• Section 20-2-300 Short title
  This article shall be known and may be cited as the MAT Act of 2019.
• Section 20-2-301 Medication assisted treatment
  (a)(1) For all patients receiving medication assisted treatment, adequate billing records shall be maintained, in any format, for all patient visits. Billing records shall be...
• Section 20-2-302 Construction of article
  Because the intent of the Legislature in this article is to educate physicians and to mitigate patient abuse and diversion of buprenorphine, nothing in this...

Last modified: May 3, 2021