As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:

1. (a) a practitioner, or
2. (b) a nurse at the direction of a practitioner in the course of his professional practice, or
3. (c) a registered pharmacist acting in accordance with:
4. (i) regulations promulgated by the department, in consultation with the board of registration in pharmacy and the department of mental health, governing pharmacist administration of medications for treatment of mental health and substance use disorder and at the direction of a prescribing practitioner in the course of the practitioner's professional practice;
5. (ii) a prescription for testosterone for gender-affirming care in the course of the practitioner's professional practice; or (iii) a prescription for the treatment and prevention of sexually transmitted infections, including those defined in regulation by the department pursuant to section 121B of chapter 111 or for the prevention of HIV; or

6. (d) an ultimate user or research subject at the direction of a practitioner in the course of the practitioner's professional practice.

   1. (a) a drug which contains any quantity of barbituric acid or any of the salts of barbituric acid; or any derivative of barbituric acid which the United States Secretary of Health, Education, and Welfare has by regulation designated as habit forming; or
   2. (b) a drug which contains any quantity of amphetamine or any of its optical isomers; any salt of amphetamine or any salt of an optical isomer of amphetamine; or any substance which the United States Attorney General has by regulation designated as habit forming because of its stimulant effect on the central nervous system; or
   3. (c) lysergic acid diethylamide; or

   4. (d) any drug except marihuana which contains any quantity of a substance which the United States Attorney General has by regulation designated as having a potential for abuse because of its depressant or stimulant effect on the central nervous system or its hallucinogenic effect.

      1. (a) 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. (b) substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals;
      3. (c) substances, other than food, intended to affect the structure, or any function of the body of man and animals; or

      4. (d) substances intended for use as a component of any article specified in clauses (a), (b) or (c), exclusive of devices or their components, parts or accessories.

         1. (1) kits used, primarily intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
         2. (2) kits used, primarily intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;
         3. (3) isomerization devices used, primarily intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance;
         4. (4) testing equipment used, primarily intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;
         5. (5) scales and balances used, primarily intended for use or designed for use in weighing or measuring controlled substances;
         6. (6) diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, primarily intended for use or designed for use in cutting controlled substances;
         7. (7) separation gins and sifters used, primarily intended for use or designed for use in removing twigs and seeds from or in otherwise cleaning or refining marihuana;
         8. (8) blenders, bowls, containers, spoons and mixing devices used, primarily intended for use or designed for use in compounding controlled substances;
         9. (9) capsules, balloons, envelopes and other containers used, primarily intended for use or designed for use in packaging small quantities of controlled substances;

         10. (10) containers and other objects used, primarily intended for use or designed for use in storing or concealing controlled substances;

             [There is no clause (11).]

         ''Drug paraphernalia'', all equipment, products, devices and materials of any kind which are primarily intended or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of this chapter. It includes, but is not limited to:

      ''Dispense'', to deliver a controlled substance to an ultimate user or research subject or to the agent of an ultimate user or research subject by a practitioner or pursuant to the order of a practitioner, including the prescribing and administering of a controlled substance and the packaging, labeling, or compounding necessary for such delivery.

      ''Distribute'', to deliver other than by administering or dispensing a controlled substance.

      ''Drug'',

   ''Agent'', an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser; except that such term does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman, when acting in the usual and lawful course of the carrier's or warehouseman's business.

   ''Bureau'', the Bureau of Narcotics and Dangerous Drugs, United States Department of Justice, or its successor agency.

   ''Class'', the lists of controlled substances for the purpose of determining the severity of criminal offenses under this chapter.

   ''Commissioner'', the commissioner of public health.

   ''Controlled substance'', a drug, substance, controlled substance analogue or immediate precursor in any schedule or class referred to in this chapter.

   ''Controlled substance analogue'', (i) a drug or substance with a chemical structure substantially similar to the chemical structure of a controlled substance in Class A, B, C, D or E, listed in section 31 and which has a stimulant, depressant or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance in Class A, B, C, D or E, listed in said section 31; or (ii) a drug or substance with a chemical structure substantially similar to the chemical structure of a controlled substance in Class A, B, C, D or E, listed in said section 31 and with respect to a particular person, which such person represents or intends to have a stimulant, depressant or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance in Class A, B, C, D or E, listed in said section 31; provided, however, that ''controlled substance analogue'' shall not include: (1) a controlled substance; (2) any substance for which there is an approved new drug application; (3) with respect to a particular person, any substance for which there is an exception in effect for investigational use for that person, under section 8, to the extent conduct with respect to the substance is pursuant to such exemption; or (4) any substance not intended for human consumption before such an exemption takes effect with respect to that substance; provided, however, that for the purposes of this chapter, a ''controlled substance analogue'' shall be treated as the Class A, B, C, D or E substance of which it is a controlled substance analogue.

   ''Counterfeit substance'', a substance which is represented to be a particular controlled drug or substance, but which is in fact not that drug or substance.

   ''Deliver'', to transfer, whether by actual or constructive transfer, a controlled substance from one person to another, whether or not there is an agency relationship.

   ''Department'', the department of public health.

   ''Depressant or stimulant substance'',

''Administer'', the direct application of a controlled substance whether by injection, inhalation, ingestion, or any other means to the body of a patient or research subject by—