Montana Code Annotated 2021



Part 2. Scheduling of Dangerous Drugs

Prescription And Medical Requirements For Scheduled Drugs -- Penalty

50-32-208. Prescription and medical requirements for scheduled drugs -- penalty. (1) (a) No dangerous drug in Schedule II may be dispensed without the written or electronic prescription of a practitioner.

(b) In emergency situations, as defined by rule of the board, Schedule II drugs may be dispensed upon a practitioner's oral prescription reduced promptly to writing and filed by the pharmacy. Prescriptions must be retained in conformity with the requirements of 50-32-309. A prescription for a Schedule II drug may not be refilled.

(2) A dangerous drug included in Schedule III or IV, which is a prescription drug as determined under the federal or Montana food, drug, and cosmetic acts, may not be dispensed without a written, electronic, or oral prescription of a practitioner. The prescription may not be filled or refilled more than 6 months after the date of the prescription or be refilled more than five times unless renewed by the practitioner.

(3) A dangerous drug included in Schedule V may not be distributed or dispensed other than for a medical purpose.

(4) A person who violates the provisions of this section is guilty of a misdemeanor and upon conviction may be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both fined and imprisoned.

History: En. Sec. 22, Ch. 412, L. 1973; amd. Sec. 10, Ch. 350, L. 1974; R.C.M. 1947, 54-322; amd. Sec. 13, Ch. 37, L. 1979; amd. Sec. 13, Ch. 379, L. 1981; amd. Sec. 3, Ch. 206, L. 2015.