New Jersey § 24:21-2

§ 24:21-2.

As used in P.L.1970, c. 226 ( C.24:21-1 et seq. ): “ Administer ” means the direct application of a controlled dangerous substance, whether by injection,

inhalation, ingestion, or any other means, to the body of a patient or research subject

by: (1) a practitioner or, in the practitioner's presence, by the practitioner's 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. “ Commissioner ” means the Commissioner of Health. “ Controlled dangerous substance ” means a drug, substance, or immediate precursor in Schedules I through V of article

2 of P.L.1970, c. 226 ( C.24:21-1 et seq. ) , marijuana, and hashish as defined in this section . 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. , tobacco and tobacco products , and cannabis and cannabis items as those terms are defined in section 3 of P.L.2021, c. 16 ( C.24:6I-33 ) . “ Counterfeit substance ” means a controlled dangerous substance 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 such 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, whether or not there is an agency relationship. “ Director ” means the Director of the Division of Consumer Affairs in the Department of Law

and Public Safety. “ Dispense ” means to deliver a controlled dangerous substance 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. “ Distributor ” means a person who distributes. “ Division ” means the Division of Consumer Affairs in the Department of Law and Public Safety. “ Drug Enforcement Administration ” means the Drug Enforcement Administration in the United States Department of Justice. “ Drugs ” means (1) 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 (2) substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention

of disease in man or other animals; and (3) substances , other than food , intended to affect the structure or any function of the body of man or other animals;

and (4) substances intended for use as a component of any article specified in (1) , (2) , and (3) of this definition ; but does not include devices or their components, parts or accessories. “Drugs” shall not mean : hemp and hemp products 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.) ; cannabis as defined in section 3 of P.L.2021, c. 16 ( C.24:6I-33 ) which is cultivated and produced for use in a cannabis item, as defined in that

section, in accordance with the “New Jersey Cannabis Regulatory, Enforcement Assistance,

and Marketplace Modernization Act,” P.L.2021, c. 16 ( C.24:6I-31 et al.); and cannabis resin as defined in that section 3 ( C.24:6I-33 ) which is extracted for use in a cannabis item, as defined in that section, in accordance

with that act . “ Hashish ” means the resin extracted from any part of the plant Cannabis sativa L. and any compound, manufacture, salt, derivative, mixture, or preparation of such

resin. “Hashish” shall not mean : hemp and hemp products 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.) ; and cannabis resin as defined in section 3 of P.L.2021, c. 16 ( C.24:6I-33 ) which is extracted for use in a cannabis item, as defined in that section, in accordance

with the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace

Modernization Act,” P.L.2021, c. 16 ( C.24:6I-31 et al.) . “ Marihuana ” means all parts of the plant Cannabis sativa 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 . “Marihuana” shall not mean : hemp and hemp products 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.) ; and cannabis as defined in section 3 of P.L.2021, c. 16 ( C.24:6I-33 ) which is cultivated and produced for use in a cannabis item, as defined in that

section, in accordance with the “New Jersey Cannabis Regulatory, Enforcement Assistance,

and Marketplace Modernization Act,” P.L.2021, c. 16 ( C.24:6I-31 et al.) . “ Manufacture ” means the production, preparation, propagation, compounding, conversion, or processing

of a controlled dangerous substance, 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 by

an individual for the individual's own use or the preparation, compounding, packaging,

or labeling of a controlled dangerous substance: (1) by a practitioner as an incident

to the practitioner's administering or dispensing of a controlled dangerous substance

in the course of the practitioner's professional practice, or (2) by a practitioner , or under the practitioner's supervision , for the purpose of, or as an incident to, research, teaching, or chemical analysis

and not for sale. “ 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: (1) Opium, coca leaves, and opiates; (2) A compound, manufacture, salt, derivative, or preparation of opium, coca leaves,

or opiates; (3) A substance , and any compound, manufacture, salt, derivative, or preparation thereof , which is chemically identical with any of the substances referred to in (1) and (2) of this definition , except that the words “narcotic drug” as used in P.L.1970, c. 226 ( C.24:21-1 et seq. ) shall not include decocainized coca leaves or extracts of coca leaves, which extracts

do not contain cocaine or ecgonine. “ Official written order ” means an order written on a form provided for that purpose by the Attorney General

of the United States or his delegate, under any laws of the United States making provisions

therefor, if such order forms are authorized and required by the federal law, and

if no such form is provided, then on an official form provided for that purpose by

the division. If authorized by the Attorney General of the United States or the division, the

term shall also include an order transmitted by electronic means. “ 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 under section

3 of P.L.1970, c. 226 ( C.24:21-1 et seq. ), 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. “ Pharmacist ” means a registered pharmacist of this State. “ Pharmacy owner ” means the owner of a store or other place of business where controlled dangerous

substances are compounded or dispensed by a registered pharmacist; but nothing in

this chapter contained shall be construed as conferring on a person who is not registered

or licensed as a pharmacist any authority, right, or privilege that is not granted

to the person by the pharmacy laws of this State. “ 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

in the course of professional practice or research in this State. As referred to in this definition: (1) “ Physician ” means a physician authorized by law to practice medicine in this or any other state. (2) “ Veterinarian ” means a veterinarian authorized by law to practice veterinary medicine in this State. (3) “ Dentist ” means a dentist authorized by law to practice dentistry in this State. (4) “ 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. (5) “ Laboratory ” means a laboratory to be entrusted with the custody of narcotic drugs and the use

of controlled dangerous substances 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. “ Immediate precursor ” means a substance which the division 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, the control of which is necessary to prevent,

curtail, or limit such manufacture. “ Substance use disorder involving drugs ” means taking or using a drug or controlled dangerous substance, as defined in this

chapter, in association with a state of psychic or physical dependence, or both, arising

from the use of that drug or controlled dangerous substance on a continuous basis. A substance use disorder 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. “ Ultimate user ” means a person who lawfully possesses a controlled dangerous substance for the person's

own use or for the use of a member of the person's household or for administration

to an animal owned by the person or by a member of the person's household.