Terms Used In Montana Code > Title 50 > Chapter 32 - Controlled Substances

• Administer: means the direct application of a dangerous drug, whether by injection, inhalation, ingestion, or other means, to the body of a patient or research subject by:

  (a)a practitioner or by the practitioner's authorized agent; or

  (b)the patient or research subject at the direction and in the presence of the practitioner. See Montana Code 50-32-101

• Administer: means to apply an opioid antagonist to the body of another person by injection, inhalation, ingestion, auto-injector, or another means. See Montana Code 50-32-603
• Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. See Montana Code 50-32-101
• 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.
• Arrest: Taking physical custody of a person by lawful authority.
• Board: means the board of pharmacy provided for in 2-15-1733. See Montana Code 50-32-101
• Bureau: means the drug enforcement administration, United States department of justice, or its successor agency. See Montana Code 50-32-101
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dangerous drug: means a drug, substance, or immediate precursor in Schedules I through V set forth in Title 50, chapter 32, part 2. See Montana Code 50-32-101
• delivery: means the actual, constructive, or attempted transfer from one person to another of a dangerous drug, whether or not there is an agency relationship. See Montana Code 50-32-101
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-32-603
• Department: means the department of labor and industry provided for in Title 2, chapter 15, part 17. See Montana Code 50-32-101
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dispense: means to deliver a dangerous drug to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the drug for that delivery. See Montana Code 50-32-101
• Dispenser: means a practitioner who dispenses. See Montana Code 50-32-101
• dispensing: has the meaning provided in 37-7-101. See Montana Code 50-32-603
• Distribute: means to deliver other than by administering or dispensing a dangerous drug. See Montana Code 50-32-101
• Distribute: has the meaning provided in 37-7-101. See Montana Code 50-32-603
• Distributor: means a person who distributes. See Montana Code 50-32-101
• Eligible recipient: means :

  (a)a person who is at risk of experiencing an opioid-related drug overdose;

  (b)a family member, friend, or other person who is in a position to assist a person who is at risk of experiencing an opioid-related drug overdose;

  (c)a first responder or a first responder entity;

  (d)a harm reduction organization or its representative;

  (e)the Montana state crime laboratory or its representative;

  (f)a person who, on behalf of or at the direction of a law enforcement agency or officer, may process, store, handle, test, transport, or possess a suspected or confirmed opioid;

  (g)a probation, parole, or detention officer;

  (h)a county or other local public health department or its representative; or

  (i)a veterans' organization or its representative. See Montana Code 50-32-603

• 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.
• First responder: means a paid or volunteer firefighter, law enforcement officer, or other authorized person who responds to an emergency in a professional or volunteer capacity. See Montana Code 50-32-603
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Harm reduction organization: means an organization that provides direct assistance and services, including but not limited to counseling, screening, and drug treatment, to persons at risk of experiencing an opioid-related drug overdose. See Montana Code 50-32-603
• Immediate precursor: means a substance that the board finds 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 dangerous drug, the control of which is necessary to prevent, curtail, or limit manufacture. See Montana Code 50-32-101
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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
• Law enforcement officer: means a person who is a peace officer as defined in 46-1-202 or any other agent of a criminal justice agency as defined in 44-5-103. See Montana Code 50-32-603
• Lien: A claim against real or personal property in satisfaction of a debt.
• Manufacture: means the production, preparation, propagation, compounding, conversion, or processing of a dangerous drug either directly or indirectly by extraction from substances of natural origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis and includes the packaging or repackaging of the drug or labeling or relabeling of its container. See Montana Code 50-32-101
• Medical practitioner: has the meaning provided in 37-2-101. See Montana Code 50-32-603
• Narcotic drug: means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

  (a)opium and opiate and a salt, compound, derivative, or preparation of opium or opiate;

  (b)a salt, compound, isomer, derivative, or preparation of a salt, compound, isomer, or derivative that is chemically equivalent or identical with any of the drugs referred to in subsection (19)(a), but not including the isoquinoline alkaloids of opium;

  (c)opium poppy and poppy straw; or

  (d)coca leaves and a salt, compound, derivative, or preparation of coca leaves and a salt, compound, isomer, derivative, or preparation of a salt, compound, isomer, or derivative that is chemically equivalent or identical with any of these drugs, but not including decocainized coca leaves or extractions of coca leaves that do not contain cocaine or ecgonine. See Montana Code 50-32-101

• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Opiate: means a drug 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 Montana Code 50-32-101
• Opioid antagonist: means a drug that binds to opioid receptors and blocks or inhibits the effects of opioids acting on those receptors. See Montana Code 50-32-603
• Opioid-related drug overdose: means an acute condition evidenced by symptoms, including but not limited to physical illness, pinpoint pupils, coma, decreased level of consciousness, or respiratory depression, resulting from the consumption or use of an opioid or another substance with which an opioid is combined. See Montana Code 50-32-603
• Opium poppy: means the plant of the species Papaver somniferum L. See Montana Code 50-32-101
• 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.
• Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
• Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity. See Montana Code 50-32-101
• Poppy straw: means all parts, except the seeds, of the opium poppy after mowing. See Montana Code 50-32-101
• Practitioner: means :

  (a)a physician, dentist, veterinarian, scientific investigator, or other person licensed, registered, or otherwise permitted to distribute, dispense, or conduct research with respect to or to administer a dangerous drug in the course of professional practice or research in this state;

  (b)a pharmacy or other institution licensed, registered, or otherwise permitted to distribute, dispense, or conduct research with respect to or to administer a dangerous drug in the course of professional practice or research in this state; and

  (c)a physician licensed to practice medicine or a dentist licensed to practice dentistry in another state. See Montana Code 50-32-101

• Prescription: means an order given individually for the person for whom prescribed, directly from the prescriber to the furnisher or indirectly to the furnisher, by means of an order signed by the prescriber and bearing the name and address of the prescriber, the prescriber's license classification, the name of the patient, the name and quantity of the drug or drugs prescribed, the directions for use, and the date of its issue. See Montana Code 50-32-101
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Production: includes the manufacture, planting, cultivation, growing, or harvesting of a substance or drug regulated under the provisions of this chapter. See Montana Code 50-32-101
• Property: means real and personal property. See Montana Code 1-1-205
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Several: means two or more. See Montana Code 1-1-201
• Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
• Standing order: means a written document prepared by a medical practitioner that authorizes an eligible recipient to acquire, distribute, or administer medication without a person-specific prescription. See Montana Code 50-32-603
• State: when applied to a part of the United States, includes a state, district, commonwealth, territory, insular possession of the United States, and any area subject to the legal authority of the United States of America. See Montana Code 50-32-101
• Statute: A law passed by a legislature.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Ultimate user: means a person who lawfully possesses a dangerous drug for personal use or for the use of a member of the person's household or for administering to an animal owned by the person or by a member of the person's household. See Montana Code 50-32-101
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Usual: means according to usage. See Montana Code 1-1-206