2C:35-2 Definitions. As used in this chapter:
"Administer"
means the direct application of a controlled dangerous substance or
controlled substance analog, whether by injection, inhalation,
ingestion, or any other means, to the body of a patient or research
subject by: (1) a practitioner (or, in his presence, by his lawfully
authorized agent), or (2) the patient or research subject at the lawful
direction and in the presence of the practitioner.
"Agent"
means an authorized person who acts on behalf of or at the direction of
a manufacturer, distributor, or dispenser but does not include a common
or contract carrier, public warehouseman, or employee thereof.
"Controlled
dangerous substance" means a drug, substance, or immediate precursor in
Schedules I through V, any substance the distribution of which is
specifically prohibited in N.J.S.2C:35-3, in section 3 of P.L.1997,
c.194 (C.2C:35-5.2), in section 5 of P.L.1997, c.194 (C.2C:35-5.3), in
section 2 of P.L.2011, c.120 (C.2C:35-5.3a), or in section 2 of
P.L.2013, c.35 (C.2C:35-5.3b), and any drug or substance which, when
ingested, is metabolized or otherwise becomes a controlled dangerous
substance in the human body. When any statute refers to controlled
dangerous substances, or to a specific controlled dangerous substance,
it shall also be deemed to refer to any drug or substance which, when
ingested, is metabolized or otherwise becomes a controlled dangerous
substance or the specific controlled dangerous substance, and to any
substance that is an immediate precursor of a controlled dangerous
substance or the specific controlled dangerous substance. The term shall
not include distilled spirits, wine, malt beverages, as those terms are
defined or used in R.S.33:1-1 et seq., or tobacco and tobacco products.
The term, wherever it appears in any law or administrative regulation
of this State, shall include controlled substance analogs.
"Controlled
substance analog" means a substance that has a chemical structure
substantially similar to that of a controlled dangerous substance and
that was specifically designed to produce an effect substantially
similar to that of a controlled dangerous substance. The term shall not
include a substance manufactured or distributed in conformance with the
provisions of an approved new drug application or an exemption for
investigational use within the meaning of section 505 of the "Federal
Food, Drug and Cosmetic Act," 52 Stat. 1052 (21 U.S.C. s.355).
"Counterfeit
substance" means a controlled dangerous substance or controlled
substance analog which, or the container or labeling of which, without
authorization, bears the trademark, trade name, or other identifying
mark, imprint, number, or device, or any likeness thereof, of a
manufacturer, distributor, or dispenser other than the person or persons
who in fact manufactured, distributed, or dispensed the substance and
which thereby falsely purports or is represented to be the product of,
or to have been distributed by, such other manufacturer, distributor, or
dispenser.
"Deliver"
or "delivery" means the actual, constructive, or attempted transfer
from one person to another of a controlled dangerous substance or
controlled substance analog, whether or not there is an agency
relationship.
"Dispense"
means to deliver a controlled dangerous substance or controlled
substance analog 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 substance for that delivery. "Dispenser" means a practitioner who
dispenses.
"Distribute"
means to deliver other than by administering or dispensing a controlled
dangerous substance or controlled substance analog. "Distributor"
means a person who distributes.
"Drugs"
means (a) substances recognized in the official United States
Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States,
or official National Formulary, or any supplement to any of them; and
(b) substances intended for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in man or other animals; and (c)
substances (other than food) intended to affect the structure or any
function of the body of man or other animals; and (d) substances
intended for use as a component of any article specified in subsections
(a), (b), and (c) of this section; but does not include devices or their
components, parts, or accessories.
"Drug
or alcohol dependent person" means a person who as a result of using a
controlled dangerous substance or controlled substance analog or alcohol
has been in a state of psychic or physical dependence, or both, arising
from the use of that controlled dangerous substance or controlled
substance analog or alcohol on a continuous or repetitive basis. Drug or
alcohol dependence is characterized by behavioral and other responses,
including but not limited to a strong compulsion to take the substance
on a recurring basis in order to experience its psychic effects, or to
avoid the discomfort of its absence.
"Hashish"
means the resin extracted from any part of the plant Genus Cannabis L.
and any compound, manufacture, salt, derivative, mixture, or preparation
of such resin. "Hashish" shall not mean hemp or a hemp product
cultivated, handled, processed, transported, or sold pursuant to the
"New Jersey Hemp Farming Act," P.L.2019, c.238 (C.4:28-6 et al.).
"Manufacture"
means the production, preparation, propagation, compounding,
conversion, or processing of a controlled dangerous substance or
controlled substance analog, either directly or by extraction from
substances of natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis, and
includes any packaging or repackaging of the substance or labeling or
relabeling of its container, except that this term does not include the
preparation or compounding of a controlled dangerous substance or
controlled substance analog by an individual for his own use or the
preparation, compounding, packaging, or labeling of a controlled
dangerous substance: (1) by a practitioner as an incident to his
administering or dispensing of a controlled dangerous substance or
controlled substance analog in the course of his professional practice,
or (2) by a practitioner (or under his supervision) for the purpose of,
or as an incident to, research, teaching, or chemical analysis and not
for sale.
"Marijuana"
means all parts of the plant Genus Cannabis L., whether growing or not;
the seeds thereof, and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant or its seeds, except those
containing resin extracted from the plant; but shall not include the
mature stalks of the plant, fiber produced from the stalks, oil, or cake
made from the seeds of the plant, any other compound, manufacture,
salt, derivative, mixture, or preparation of mature stalks, fiber, oil,
or cake, or the sterilized seed of the plant which is incapable of
germination. "Marijuana" shall not mean hemp or a hemp product
cultivated, handled, processed, transported, or sold pursuant to the
"New Jersey Hemp Farming Act," P.L.2019, c.238 (C.4:28-6 et al.).
"Narcotic
drug" means any of the following, whether produced directly or
indirectly by extraction from substances of vegetable origin, or
independently by means of chemical synthesis, or by a combination of
extraction and chemical synthesis:
(a) Opium, coca leaves, and opiates;
(b) A compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or opiates;
(c) A
substance (and any compound, manufacture, salt, derivative, or
preparation thereof) which is chemically identical with any of the
substances referred to in subsections (a) and (b), except that the words
"narcotic drug" as used in this act shall not include decocainized coca
leaves or extracts of coca leaves, which extracts do not contain
cocaine or ecogine.
"Opiate"
means any dangerous substance having an addiction-forming or
addiction-sustaining liability similar to morphine or being capable of
conversion into a drug having such addiction-forming or
addiction-sustaining liability. It does not include, unless
specifically designated as controlled pursuant to the provisions of
section 3 of P.L.1970, c.226 (C.24:21-3), the dextrorotatory isomer of
3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does
include its racemic and levorotatory forms.
"Opium poppy" means the plant of the species Papaver somniferum L., except the seeds thereof.
"Person" means any corporation, association, partnership, trust, other institution or entity, or one or more individuals.
"Plant"
means an organism having leaves and a readily observable root
formation, including, but not limited to, a cutting having roots, a
rootball or root hairs.
"Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.
"Practitioner"
means a physician, dentist, veterinarian, scientific investigator,
laboratory, pharmacy, hospital, or other person licensed, registered, or
otherwise permitted to distribute, dispense, conduct research with
respect to, or administer a controlled dangerous substance or controlled
substance analog in the course of professional practice or research in
this State.
(a) "Physician"
means a physician authorized by law to practice medicine in this or any
other state and any other person authorized by law to treat sick and
injured human beings in this or any other state.
(b) "Veterinarian" means a veterinarian authorized by law to practice veterinary medicine in this State.
(c) "Dentist" means a dentist authorized by law to practice dentistry in this State.
(d) "Hospital"
means any federal institution, or any institution for the care and
treatment of the sick and injured, operated or approved by the
appropriate State department as proper to be entrusted with the custody
and professional use of controlled dangerous substances or controlled
substance analogs.
(e) "Laboratory"
means a laboratory to be entrusted with the custody of narcotic drugs
and the use of controlled dangerous substances or controlled substance
analogs for scientific, experimental, and medical purposes and for
purposes of instruction approved by the Department of Health.
"Production"
includes the manufacture, planting, cultivation, growing, or harvesting
of a controlled dangerous substance or controlled substance analog.
"Immediate
precursor" means a substance which the Division of Consumer Affairs in
the Department of Law and Public Safety has found to be and by
regulation designates as being the principal compound commonly used or
produced primarily for use, and which is an immediate chemical
intermediary used or likely to be used in the manufacture of a
controlled dangerous substance or controlled substance analog, the
control of which is necessary to prevent, curtail, or limit such
manufacture.
"Residential
treatment facility" means any facility licensed and approved by the
Department of Human Services and which is approved by any county
probation department for the inpatient treatment and rehabilitation of
drug or alcohol dependent persons.
"Schedules
I, II, III, IV, and V" are the schedules set forth in sections 5
through 8 of P.L.1970, c.226 (C.24:21-5 through 24:21-8) and in section 4
of P.L.1971, c.3 (C.24:21-8.1) and as modified by any regulations
issued by the Director of the Division of Consumer Affairs in the
Department of Law and Public Safety pursuant to the director's authority
as provided in section 3 of P.L.1970, c.226 (C.24:21-3).
"State" means the State of New Jersey.
"Ultimate
user" means a person who lawfully possesses a controlled dangerous
substance or controlled substance analog for his own use or for the use
of a member of his household or for administration to an animal owned by
him or by a member of his household.
"Prescription
legend drug" means any drug which under federal or State law requires
dispensing by prescription or order of a licensed physician,
veterinarian, or dentist and is required to bear the statement "Rx only"
or similar wording indicating that such drug may be sold or dispensed
only upon the prescription of a licensed medical practitioner and is not
a controlled dangerous substance or stramonium preparation.
"Stramonium
preparation" means a substance prepared from any part of the stramonium
plant in the form of a powder, pipe mixture, cigarette, or any other
form with or without other ingredients.
"Stramonium plant" means the plant Datura Stramonium Linne, including Datura Tatula Linne.
amended
1997, c.186, s.1; 1999, c.90, s.1; 1999, c.186; 1999, c.376, s.1; 2005,
c.205, s.1; 2011, c.120, s.1; 2012, c.17, s.2; 2013, c.35, s.1; 2018,
c.139, s.6; 2019, c.238, s.10.
