MGL c94C - Massachusetts General Laws Chapter 94C (Controlled Substances Act)

What is Massachusetts General Laws Chapter 94C?

The Massachusetts Controlled Substances Act.

What does Chapter 94C regulate?

Controlled substances and how they are handled, including prescribing, dispensing, and possession.

What does “administer” mean?

Directly applying a controlled substance to a patient or research subject, such as by injection, inhalation, or ingestion.

Who may administer a controlled substance under the supplied definition?

A practitioner, a nurse acting at a practitioner's direction, certain authorized pharmacists, or an ultimate user or research subject acting at a practitioner's direction

What is an “agent”?

An authorized person who acts for or at the direction of a manufacturer, distributor, or dispenser.

What does “class” mean under Chapter 94C?

Lists of controlled substances used to determine the severity of criminal offenses.

Who is the “commissioner”?

The Commissioner of Public Health.

What is a “controlled substance”?

A drug, substance, controlled substance analogue, or immediate precursor listed in a schedule or class under Chapter 94C.

What is a “controlled substance analogue”?

A substance chemically similar to a controlled substance that has, or is intended to have, a similar or greater stimulant, depressant, or hallucinogenic effect, subject to the law's exceptions.

What is a “counterfeit substance”?

A substance falsely represented as a particular controlled drug or substance.

What does “deliver” mean?

Transferring a controlled substance from one person to another, whether directly or indirectly.

What is the “department”?

The Massachusetts Department of Public Health.

What does “dispense” mean?

Delivering a controlled substance to a patient, research subject, or their agent under a practitioner's authority. It includes prescribing, administering, packaging, labeling, and compounding needed for delivery.

What does “distribute” mean?

Delivering a controlled substance in a way that is not administering or dispensing it.

What is a “drug” under Chapter 94C?

A substance recognized as a drug in official drug references, used to diagnose or treat disease, intended to affect the body's structure or function, or used as a component of such a substance.

What is “drug paraphernalia”?

Equipment or materials primarily intended or designed for illegally producing, preparing, storing, concealing, or using controlled substances.

What is an “electronic prescription”?

A lawful prescription created and transmitted electronically through systems that meet federal requirements for controlled substances. A printed or faxed prescription is not considered an electronic prescription under this definition

What is an “immediate precursor”?

A substance used, or likely to be used, as an immediate chemical intermediary in manufacturing a controlled substance.

What does “manufacture” mean?

Producing, preparing, compounding, converting, or processing a controlled substance, including certain packaging and labeling activities. The law provides exceptions for specified professional activities.

What is a “medication order”?

An order entered in a patient's medical record at a registered healthcare facility for medication dispensed for immediate administration at that facility.

What is a “narcotic drug”?

A substance within the legal definition that includes opium, opiates, certain related compounds, opium poppy, poppy straw, and specified coca-leaf substances.

What is an “opiate”?

A substance that can cause or sustain addiction similarly to morphine, or that can be converted into such a drug, subject to the law's exceptions.

What is an “ultimate user”?

A person who lawfully possesses a controlled substance for personal use, household use, use by a patient in a licensed facility, or administration to an animal they or a household member own.

What is a “pharmacist” under Chapter 94C?

A pharmacist registered in Massachusetts to dispense controlled substances, including other people authorized to dispense them under that pharmacist's supervision.

What is a “pharmacy” under Chapter 94C?

A facility under a registered pharmacist's direction or supervision that is authorized to dispense controlled substances.

What is a “practitioner”?

An authorized professional or registered institution permitted to handle controlled substances for professional practice, research, teaching, or chemical analysis, as allowed by law.

What is a “prescription drug”?

A drug labeled with the required statement: “Caution, Federal law prohibits dispensing without prescription.”

What is a “registrant”?

A person registered under a provision of Chapter 94C.

What does “registration” mean?

Registration required or permitted under Chapter 94C.

What is a “schedule”?

A list of controlled substances established by the Commissioner of Public Health under Section 2 for administration and regulation.

What does “written prescription” mean?

A lawful order from a practitioner for a specific patient, communicated directly to a pharmacist at a licensed pharmacy, with the statutory exception for medication intended for immediate administration.

What is “marijuana” or “marihuana”?

Cannabis plants and their resin, including THC and preparations derived from them, subject to the specific statutory exclusions.