Terms Used In Montana Code > Title 50 > Chapter 32 > Part 1 - General Provisions

• 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

• 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
• Board: means the board of pharmacy provided for in 2-15-1733. See Montana Code 50-32-101
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• 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 labor and industry provided for in Title 2, chapter 15, part 17. See Montana Code 50-32-101
• 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
• Distribute: means to deliver other than by administering or dispensing a dangerous drug. See Montana Code 50-32-101
• Distributor: means a person who distributes. See Montana Code 50-32-101
• 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
• 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
• 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
• 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.
• 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

• 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
• 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
• 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