(a) It shall be unlawful for any person to distribute a controlled substance in Schedule I or II to another except in pursuance of a written official order of the person to whom such substance is distributed, made on a form to be issued by the Secretary of Health in blank in accordance with subsection (d) of this section and regulations prescribed by him pursuant to this section.
(b) The provisions of subsection (a) of this section shall not apply to the delivery of such substances to, or by a public carrier or transport enterprise for the transportation of said substances in the lawful and usual course of its business or by a warehouseman for storage in the lawful and usual course of its business; but where such transportation or storage is in connection with the distribution by the owner of the substance to a third person, this subsection shall not relieve the distributor from compliance with subsection (a) of this section.
(c)
(1) Every person who in pursuance of an official order form required under subsection (a) of this section distributes a controlled substance shall preserve a duplicate of such order for a period of two years, and shall make such order available for inspection and copying by officers and employees of the Commonwealth duly authorized for that purpose by the Secretary and by federal and commonwealth officers or employees who are charged with the enforcement of the provisions of law regulating the manufacture, or regulating the distribution or dispensing of controlled substances in their jurisdictions and who are authorized under such laws to inspect such orders. Furthermore, within the first five (5) days of the month following that on which the distribution has been made, said person shall send a photocopy or a copy of such official order form that the Secretary may furnish.
(2) Every person who gives an order required under subsection (a) of this section shall, at or before the time of giving such order, make a duplicate thereof on a form to be issued by the Secretary of Health in accordance with subsection (d) of this section and regulations prescribed by him pursuant to this section, and shall, if such order is accepted, preserve such duplicate for a period of two years and make it available for inspection and copying by the officers and employees mentioned in clause (1) of this subsection.
(d)
(1) The Secretary of Health shall issue the order forms, to which subsections (a) and (c) of this section refer, only to persons validly registered under § 2303 of this title. Whenever any such form is issued to a person, the Secretary of Health shall, before delivery thereof, insert therein the name and the registration number of such person, and it shall be unlawful for any other person: (A) to use such form for the purpose of obtaining controlled substances, or (B) to furnish such form to any person with intent thereby to procure the distribution of such substances.
(2) The Secretary of Health may charge reasonable fees for the issuance of such forms in such amounts as he may prescribe for the purpose of covering the cost of the preparation and issuing of such forms, and any other activities in connection therewith.
(e) It shall be unlawful for any person to obtain, by means of order forms issued under this section, controlled substances for any purpose other than their use, distribution, dispensing or administration of the substance in the lawful and usual course of his professional practice or research.
(f) [Repealed. Act June 22, 1975, No. 52, p. 118, § 3, eff. 30 days after June 22, 1975.]
History —June 23, 1971, No. 4, p. 526, § 307; June 22, 1975, No. 52, p. 118, § 3, eff. 30 days after June 22, 1975.