Drugs which may not be introduced into interstate commerce; penalty; exemptions.
1. Any person within this State who possesses, procures, obtains, processes, produces, derives, manufactures, sells, offers for sale, gives away or otherwise furnishes any drug which may not be lawfully introduced into interstate commerce under the Federal Food, Drug and Cosmetic Act is guilty of a misdemeanor.
2. The provisions of this section do not apply:
(a) To physicians licensed to practice in this State who have been authorized by the Food and Drug Administration to possess experimental drugs for the purpose of conducting research to evaluate the effectiveness of such drugs and who maintain complete and accurate records of the use of such drugs and submit clinical reports as required by the Food and Drug Administration.
(b) To any substance which has been licensed by the State Board of Health for manufacture in this State but has not been approved as a drug by the Food and Drug Administration. The exemption granted in this paragraph does not grant authority to transport such a substance out of this State.
Last modified: February 26, 2006