Tennessee § 53-11-302 - Handlers of controlled substances — Registration and inspection.

§ 53-11-302. Handlers of controlled substances — Registration and inspection.

Every person who manufactures, distributes, dispenses, or is a third-party logistics provider for any controlled substance pursuant to § 53-11-301 within this state or who proposes to engage in the manufacture, distribution, dispensing, warehousing, or providing logistics services for any controlled substance within this state, shall annually obtain a registration issued by the board of pharmacy and the appropriate occupational or professional licensing board governing persons who may legally dispense controlled substances in accordance with the licensing board's rules. Persons registered by the board of pharmacy and the appropriate occupational or professional licensing board governing persons who may legally dispense controlled substances under this part, part 4 of this chapter, and title 39, chapter 17, part 4, to manufacture, distribute, dispense, warehouse, or provide logistics services for controlled substances may possess, manufacture, warehouse, distribute, or dispense those substances to the extent authorized by their registration and in conformity with this section. The following persons need not register and may lawfully possess controlled substances under this part, part 4 of this chapter and title 39, chapter 17, part 4: A common or contract carrier or warehouseman, or an employee of a common or contract carrier or warehouseman, whose possession of any controlled substance is in the usual course of business or employment; or An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a Schedule V substance. The board of pharmacy and the appropriate occupational or professional licensing board governing persons who may legally dispense controlled substances may waive by rule the requirement for registration of certain manufacturers, distributors, dispensers, or entities providing warehousing or logistics services if they find it consistent with the public health and safety. A separate registration is required at each principal place of business or professional practice where the applicant manufactures, distributes or dispenses controlled substances. The board of pharmacy and the appropriate occupational or professional licensing board governing persons who may legally dispense controlled substances may inspect the establishment of a registrant or applicant for registration in accordance with the board's rules and regulations. Acts 1971, ch. 163, § 18; 1977, ch. 180, § 3; T.C.A., § 52-1425; Acts 1996, ch. 675, §§ 51, 52; 2015, ch. 293, § 1. Amendments. The 2015 amendment rewrote (a), which read: “Every person who manufactures, distributes or dispenses any controlled substance pursuant to § 53-11-301 within this state or who proposes to engage in the manufacture, distribution or dispensing of any controlled substance within this state, must obtain annually a registration issued by the board of pharmacy and the appropriate occupational or professional licensing board governing persons who may legally dispense controlled substances in accordance with the licensing board's rules;” in (b), added “, warehouse, or provide logistics services for” preceding “controlled substances” and added “warehouse” preceding “, distribute”, and deleted “the other provisions of” preceding “this section” at the end; and in (d), added “or entities providing warehousing or logistics services” following “dispensers”. Effective Dates. Acts 2015, ch. 293, § 7. April 24, 2015. Cited: McLean v. State, 527 S.W.2d 76, 1975 Tenn. LEXIS 635 (Tenn. 1975).