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Session Laws, 1970
Volume 695, Page 893   View pdf image
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Marvin Mandel, Governor                         893

(2)  A common or contract carrier or warehouseman, or an em-
ployee thereof, whose possession of any controlled dangerous sub-
stance is in the usual course of his business or employment;

(3)  An ultimate user or a person in possession of any controlled
dangerous substance pursuant to a lawful order of a practitioner,
while acting in good faith and in the ordinary course of business
or professional practice;

(c)   The Department may, by regulation, waive the requirement
for registration of certain manufacturers, distributors, or dispensers
if the Department finds it consistent with the public health and
safety.

(d)  A separate registration shall be required at each principal
place of business or professional practice where the applicant manu-
factures, distributes, or dispenses controlled dangerous substances.

(e)  The Department is authorized to inspect the establishment of
a registrant or applicant for registration in accordance with the
rules and regulations promulgated by the Department.

(f)  The Department shall register an applicant to manufacture or
distribute controlled dangerous substances included in Schedules I
through IV of Article II of this subheading unless the Department
determines that the issuance of such registration is inconsistent with
the public interest. In determining the public interest, the following
factors shall be considered:

(1) maintenance of effective controls against diversion of par-
ticular controlled dangerous substances and any Schedule I or II
substance compounded therefrom into other than legitimate medical,
scientific, or industrial channels.

(2) compliance with applicable State, Federal, and local law;

(3) prior conviction record of applicant under Federal, State, and
local laws relating to the manufacture, distribution, or dispensing of
such substances;

(4) past experience in the manufacture and distribution of con-
trolled dangerous substances, and the existence in the establishment
of effective controls against diversion; and

(5) such other factors as may be relevant to and consistent with
the public health and safety.

(g)  Registration granted under subsection (f) of this section shall
not entitle a registrant to manufacture and distribute controlled
dangerous substances in Schedule I or II other than those specified
in the registration.

(h) Practitioners shall be registered by the Department to dis-
pense substances in Schedules II through IV if they are authorized
to dispense under the law of this State. A registration application
by a practitioner who wishes to conduct research with Schedule I
substances shall be referred to the Department for advice. Regis-
tration for the purpose of bona fide research with Schedule I sub-
stances by a practitioner deemed qualified by the Department may
be denied only on a ground specified in Section 282 (a) as amended
from time to time, or on the ground that the applicant's past prac-
tice or proposed procedures furnish grounds for the belief that the


 

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Session Laws, 1970
Volume 695, Page 893   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>


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