18-18-304. Suspension or revocation of registration.
508 words·~2 min read·
/co/title-18-criminal-code/article-18-uniform-controlled-substances/18-18-304·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The board or BHA may suspend or revoke a registration under section 18-18-303 to manufacture, distribute, or dispense a controlled substance upon finding that the registrant has:
(a)Furnished false or fraudulent material information in any application filed under this part 3;
(b)Been convicted of a felony under any state or federal law relating to any controlled substance;
(c)Had the registrant's federal registration suspended or revoked and is no longer authorized by federal law to manufacture, distribute, or dispense controlled substances; or
(d)Committed acts that would render registration under section 18-18-303 inconsistent with the public interest as determined under that section.
(2)The board or BHA may deny, suspend, revoke, or take other authorized disciplinary action to limit the authority of any registrant to prescribe, distribute, dispense, or administer controlled substances, or any classification thereof, within this state if grounds for denial,
suspension, or revocation exist. These proceedings must be conducted in accordance with the provisions of article 4 of title 24.
(3)If a registration is suspended or revoked, the board or BHA may place under seal all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. When a revocation order becomes final, the court may order the controlled substances forfeited to the state.
(4)The board or BHA may seize or place under seal any controlled substance owned or possessed by a registrant whose registration has expired or who has ceased to practice or do business in the manner contemplated by the registration. The controlled substance must be held for the benefit of the registrant or the registrant's successor in interest. The board or BHA shall notify a registrant, or the registrant's successor in interest, whose controlled substance is seized or placed under seal, of the procedures to be followed to secure the return of the controlled substance and the conditions under which it will be returned. The board or BHA may not dispose of any controlled substance seized or placed under seal under this subsection
(4)until the expiration of one hundred eighty days after the controlled substance was seized or placed under seal. The costs incurred by the board or BHA in seizing, placing under seal, maintaining custody, and disposing of any controlled substance under this subsection
(4)may be recovered from the registrant, any proceeds obtained from the disposition of the controlled substance, or from both. Any balance remaining after the costs have been recovered from the proceeds of any disposition must be delivered to the registrant or the registrant's successor in interest.
(5)The board or BHA shall promptly notify the drug enforcement administration of all orders restricting, suspending, or revoking registration and all forfeitures of controlled substances.