37-7-603. Prohibited purchase or receipt of drugs — dispensing and distribution restrictions — penalty. (1) Except as otherwise provided, it is unlawful for a person to knowingly purchase or receive a prescription drug from a source other than a person or entity licensed under this part.

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Terms Used In Montana Code 37-7-603

  • dispensing: means the interpretation, evaluation, and implementation of a prescription drug order, including the preparation and delivery of a drug or device to a patient or patient's agent in a suitable container appropriately labeled for administration to or use by a patient. See Montana Code 37-7-101
  • distribution: means the sale, purchase, trade, delivery, handling, storage, or receipt of a drug or device and does not include administering or dispensing a prescription drug, pursuant to section 353(b)(1), or a new animal drug, pursuant to section 360b(b) of the Federal Food, Drug, and Cosmetic Act, 21 U. See Montana Code 37-7-101
  • Drug: means a substance:

    (a)recognized as a drug in any official compendium or supplement;

    (b)intended for use in diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;

    (c)other than food, intended to affect the structure or function of the body of humans or animals; and

    (d)intended for use as a component of a substance specified in subsection (16)(a), (16)(b), or (16)(c). See Montana Code 37-7-101

  • Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
  • Person: includes an individual, partnership, corporation, association, or other legal entity. See Montana Code 37-7-101
  • Pharmacy: means an established location, either physical or electronic, registered by the board where drugs or devices are dispensed with pharmaceutical care or where pharmaceutical care is provided. See Montana Code 37-7-101
  • Wholesale: means a sale for the purpose of resale. See Montana Code 37-7-101
  • Wholesale distributor: means a person or entity, other than a manufacturer, a manufacturer's colicensed partner, a third-party logistics provider, or a repackager, who is engaged in wholesale distribution of prescription drugs. See Montana Code 37-7-602

(2)Licensed wholesale distributors, third-party logistics providers, manufacturers, and repackagers may not dispense or distribute prescription drugs directly to patients, except when the licensed wholesale distributor is also a licensed pharmacy.

(3)A person who violates the provisions of this section is guilty of a misdemeanor.