CHAPTER 252
H.P. 463 - L.D. 630
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §1107-A, sub-§4 is enacted to read:
4. It is an affirmative defense to prosecution under subsection 1, paragraphs C to F that the person possessed a valid prescription for the scheduled drug or controlled substance that is the basis for the charge and that, at all times, the person intended the drug to be used only for legitimate medical use in conformity with the instructions provided by the prescriber and dispenser.
Sec. 2. 22 MRSA §2383-B, sub-§1, as amended by PL 1999, c. 127, Pt. A, §35, is further amended to read:
1. Lawfully prescribed drugs. A person to whom or for whose use any scheduled drug, prescription drug or controlled substance has been prescribed, sold or dispensed for a legitimate medical purpose by a physician, dentist, podiatrist, pharmacist or other person acting in the usual course of professional practice and authorized by law or rule to do so and the owner or the person having the custody or control of any animal for which any scheduled drug, prescription drug or controlled substance has been prescribed, sold or dispensed for a legitimate veterinary medical purpose by a licensed veterinarian acting in the usual course of professional veterinary practice may lawfully possess the drug or substance, except when in use, only in the container in which it was delivered by the person selling or dispensing the drug or substance. For purposes of this subsection, "when in use" includes reasonable repackaging for more convenient legitimate medical use.
Effective September 17, 2005.
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