HAR §23-200-2. "Bureau" or "DEA" means the Drug Enforcement Administration, United States Department of Justice, or its successor agency

"Central repository" means a central repository established under section 329-102, Hawaii Revised Statutes. "Controlled substance" means a drug, substance, or immediate precursor in schedules I through V of Chapter 329 part II, Hawaii Revised Statutes. "Counterfeit substance" means a controlled 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 who in fact manufactured, distributed, or dispensed the substance. "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. "Department" means the department of public safety. "Designated state agency" means the narcotics enforcement division, department of public safety. "Director" means the director of the department of public safety or the director's duly authorized agent. "Dispense" means to deliver a controlled 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. A controlled substance is dispensed when: (1) It is compounded, prepared, labeled and packaged pursuant to the lawful order of a practitioner by a licensed pharmacist acting in the usual course of his professional practice and who is either registered individually or employed in a registered pharmacy or by a registered institutional practitioner, for delivery to the ultimate user; 200-3 2282 §23-200-2 (2) It is compounded, prepared, labeled and packaged for delivery to the ultimate user by a practitioner acting in the usual course of his professional practice; (3) It is prepared, labeled, and packaged pursuant to the lawful order of a practitioner by a registered health care professional acting as an agent of the practitioner for delivery to the ultimate user by the practitioner; or (4) It is prepackaged by a pharmacist for use in an emergency facility for delivery to the ultimate user by a licensed or registered health care professional pursuant to the order of a physician. "Dispenser" means a practitioner who dispenses. "Distribute" means to deliver other than by administering or dispensing a controlled substance. "Distributor" means a person who distributes. "Drug" means: (1) Substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; (2) Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals; (3) Substances (other than food) intended to affect the structure or any function of the body of man or animals; and (4) Substances intended for use as a component of any article specified in clause (1), (2), or (3) of this definition. It does not include devices or their components, parts, or accessories. "Drug Enforcement Administration registration number" means the practitioner's Drug Enforcement Administration controlled substance registration number. "Exception report" means an output of data indicating schedule II controlled substances dispensation that is outside expected norms for a practitioner practicing a particular specialty or 200-4 2282 §23-200-2 field of health care, for a dispenser doing business in a particular location, or for a patient. "Identification number" means, with respect to a patient: (1) The unique, valid driver's license number of the patient, followed by the two-digit United States Postal Service code for the state issuing the driver's license or, if the patient is a foreign patient, the patient's passport number. If the patient does not have a driver's license, the "identification number" means the patient's social security number, followed by the patient's state of residency code. If the patient is less than eighteen years old and has no such identification, the identification number means the unique number contained on the valid driver's license of the patient's parent or guardian; or (2) If the controlled substance is obtained for an animal, the unique number described in paragraph (1) of the animal's owner. "Immediate precursor" means a substance which the department has found to be and by rule or statute designated 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 substance, the control of which is necessary to prevent, curtail, or limit manufacture. "Individual practitioner" means a physician, dentist, veterinarian, or other individual licensed and registered under chapter 329-32, Hawaii Revised Statutes, to distribute, dispense,, prescribe or conduct research in the course of professional practice, but does not include a clinic, pharmacist, pharmacy, midlevel practitioner or, an institutional practitioner.. "Institutional practitioner" means a clinic, hospital, or other person (other than an individual) licensed, and registered under chapter 329-32, Hawaii Revised Statutes, to dispense a controlled substance in the course of professional practice, but does not include a pharmacy. 200-5 2282 §23-200-2 "Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly 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 substance by an individual for the individual's own use or the preparation, compounding, packaging, or labeling of a controlled substance: (1) By a practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of the practitioner's professional practice, or (2) By a practitioner, or by the practitioner's authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale. "Marijuana" means all parts of the plant (genus) Cannabis whether growing or not, the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin having a tetrahydrocannabinol concentration greater than 0 percent. It does not include the mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination and which has a tetrahydrocannabinol concentration of 0 percent. "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 and opiate, and any salt, compound, derivative, or preparation of opium or opiate. 200-6 2282 §23-200-2 (2) Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in clause (1), but not including the isoquinoline alkaloids of opium. (3) Opium poppy and poppy straw. (4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extraction's of coca leaves which do not contain cocaine or ecgonine. "NABP number" means the identification number assigned to each individual pharmacy by the National council of Prescription Drug Programs. "NDC number" means the national drug code number. "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability., It does not include, unless specifically designated as controlled under section 329-11, Hawaii Revised Statutes, 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, except its seeds. "Person" means individual, corporation, government, or governmental subdivision or agency,, business trusts, estate, trust, partnership or association, or any other legal entity. "Pharmacist" means a licensed pharmacist, apothecary, or druggist as defined by the laws of the State. "Physician assistant" means a person licensed under section 453-5.3, Hawaii Revised Statutes, who is registered under this chapter to administer, prescribe or dispense a controlled substance under the authority and supervision of a physician registered under section 329-33, Hawaii Revised Statutes. 200-7 2282 S23-200-2 "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing. "Podiatrist" means a foot specialist authorized by law to practice podiatry and to dispense controlled substances in the course of his professional practice in this State. "Practitioner" means: (1) A physician, dentist, veterinarian, scientific investigator, or other person licensed and registered under section 329-32, Hawaii Revised Statutes, to distribute, dispense, prescribe or conduct research with respect to a controlled substance in the course of professional practice or research in this State but does not include midlevel practitioners. (2) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this State. "Prescribe" means to direct, designate or order the use of a formula for the preparation of a drug and medicine for a disease or illness and the manner of using them. "Prescriber" means one who is authorized to issue a prescription. "Prescription" means an order or formula issued by a licensed practitioner of medicine, osteopathy, podiatry, dentistry, or veterinary medicine, for the compounding or dispensing of drugs. "Production" includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. "Public Law 91-513" means the Federal Comprehensive Drug Abuse, Prevention, and Control Act of 1970. "Registration" means the act of registering with the department of public safety, State of Hawaii. "State", when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof, and any area 200-8 2282