(1) and (2) (Deleted by amendment, L. 2001, p. 858, § 4, effective July 1, 2001.)
(3) Except as otherwise provided in subsection (4) of this section, it shall be
unlawful for any person to knowingly cause or attempt to cause any other person to
unknowingly consume or receive the direct administration of gamma
hydroxybutyrate (GHB) or ketamine or the immediate chemical precursors or
chemical analogs for either of such substances.
(4) (a) It shall not be a violation of this section if gamma hydroxybutyrate
(GHB) or ketamine is distributed or dispensed for bona fide medical needs by or
under the direction of a person licensed or authorized by law to prescribe,
administer, or dispense such substances.
(b) It is not a violation of this section if ketamine is distributed or dispensed
by or under the direction of a person authorized as described in subsection (4)(a) of
this section for use by an animal shelter, as defined in section 35-80-102, that is
duly registered with the secretary of state and has been in existence and in
business for at least five years in this state as a nonprofit corporation or by an
animal control agency that is operated by a unit of government to control animals
and to euthanize injured, sick, homeless, or unwanted pets or animals if the animal
shelter or animal control agency is registered pursuant to section 12-280-119 (12).
(5) Violation of subsection (3) of this section is a class 3 felony.
L. 99: Entire section added, p. 1093, § 2, effective July 1. L. 2000: (1), (2), and (4) amended, p. 697, § 15, effective July 1. L. 2001: Entire section amended, p. 858, § 4, effective July 1. L. 2004: (4) amended, p. 799, § 2, effective July 1. L. 2012: (4)(b) amended, (HB 12-1311), ch. 281, p. 1620, § 49, effective July 1. L. 2019: (4)(b) amended, (HB 19-1172), ch. 136, p. 1677, § 100, effective October 1. L. 2022: (4)(b) amended, (HB 22-1235), ch. 442, p. 3119, § 26, effective August 10. L. 2023: (5) amended, (HB 23-1293), ch. 298, p. 1794, § 52, effective October 1.
