This RSA section is an unofficial mirror, is not legal advice, and may be incomplete, outdated, or incorrectly processed.
RSA 318-B:9 · Sale by Pharmacists
318-B:9 Sale by Pharmacists. –
Copy linkA pharmacist, in good faith and in the course of his or her professional practice, may sell, dispense, and administer controlled drugs exempt under the Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended, and federal food and drug laws from prescription requirements. A pharmacist, in good faith, may sell, dispense, and administer controlled drugs requiring prescriptions to any person upon the written or electronically transmitted prescription of a practitioner, provided it is properly executed, dated and when required by law, manually or electronically signed by the person prescribing on the day when issued and bears the full name and address of the patient for whom, or of the owner of the animal for which, the drug is dispensed, or administered, or upon oral prescription, in pursuance of regulations promulgated by the Department of Justice of the United States, under the provisions of the Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended where applicable, provided said oral prescription is promptly reduced to writing by the pharmacist or authorized technician, stating the name of the practitioner so prescribing, the date, the full name and address of the patient for whom, or the owner of the animal for which, the drug is dispensed or administered, and, in all instances, the full name, address and registry number under the Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended, or federal food and drug laws of the person so prescribing. If the prescription is for an animal, it shall state the species of animal for which the drug is prescribed. The person filling the prescription shall indicate the date of filling and his or her name on the face or record of the prescription. The prescription shall be retained on file by the proprietor of the pharmacy in which it is filled for a period of 4 years so as to be readily accessible for the inspection of any officers engaged in the enforcement of this chapter. The prescription as to a controlled drug may be refilled pursuant to the Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended. The person refilling a prescription for a controlled drug shall record on the prescription record the date of refill, the quantity dispensed, and his or her initials.
Copy linkThe legal owner of any stock of controlled drugs in a pharmacy, upon discontinuance of dealing in said drugs, may sell said stock to a manufacturer, wholesaler, or registered pharmacy but only upon an official written order, and in accordance with the Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended, and regulations where applicable. A licensed pharmacy only upon an official written order may sell controlled drugs in schedule II to a practitioner to be used for medical purposes.
Copy linkPrescriptions issued by practitioners for controlled drugs shall be executed in clear, concise, readable form. Each prescription shall contain the following information and comply with the following requirements:
Copy linkThe full name and complete address of the patient or of the owner of the animal for which the drug is prescribed.
Copy linkThe name of the controlled drug prescribed. Only one controlled drug shall appear on a prescription blank.
Copy linkNo refills shall be authorized for controlled drugs in schedule II of the current chapter 21, Code of Federal Regulations.
Copy linkThe practitioner shall manually or electronically sign the prescription on the date of issuance.
Copy linkThe practitioner's full name shall be printed, rubber stamped, or typewritten above or below the manual or electronic signature.
Copy linkA practitioner shall not issue a prescription in order to obtain controlled substances for the purpose of general dispensing to his or her patients.
Copy linkA practitioner shall not issue a prescription to himself or herself or his or her immediate family which includes a spouse, children or parents.
Copy linkA prescription shall be deemed invalid if it is not filled within 6 months from the date prescribed.
Copy linkNo prescription shall be filled for more than a 34-day supply upon any single filling for controlled drugs of schedules II or III; provided, however, that for controlled drugs, in schedules II or III, that are commercially packaged for administering or dispensing directly to the patient, such as metered sprays and inhalers, liquids packaged in bottles with calibrated droppers, and certain topical preparations packaged with metered dispensing pumps may be filled for greater than a 34-day supply, but not more than 60 days, utilizing the smallest available product size, in order to maintain the dosing integrity of the commercially packaged containers; and, provided that:
Copy linkWith regard to amphetamines and methylphenidate hydrochloride, a prescription may be filled for up to a 90-day supply if either such prescription specifies it is being used for the treatment of attention deficit disorder, attention deficit disorder with hyperactivity, or narcolepsy; and
Copy linkWith regard to a topically applied androgen, a prescription may be filled for up to a 90-day supply if the prescription specifies it is being used for the treatment of chronic low testosterone replacement therapy.
Copy linkNotwithstanding the provisions of RSA 318-B:26, it shall be a misdemeanor for a practitioner to issue or a pharmacist to fill a prescription that does not meet the requirements of this section.
Copy linkA pharmacist employed by a pharmacy located in a hospital may dispense cannabis-type drugs prescribed under RSA 318-B:10, VI, to any person upon the written prescription of an attending physician, provided it is properly executed, dated, and signed by the person prescribing on the day when issued and bears the full name and address of the patient for whom the drug is dispensed. The pharmacist filling the prescription shall write the date of filling and his own signature on the face of the prescription.
Copy linkA pharmacist that administers drugs shall be reimbursed for administration services in addition to the reimbursement for the drug. Source. 1969, 421:1. 1977, 547:10. 1979, 398:5. 1981, 107:2; 226:1-3. 1983, 292:7. 1985, 293:5, 6. 1997, 30:1. 2005, 177:136, 137. 2008, 222:1, eff. Jan. 1, 2009. 2021, 58:1, eff. July 24, 2021. 2023, 22:1, eff. Jan. 1, 2024. 2025, 123:1, eff. Aug. 23, 2025.
Copy linkSource note
Source. 1969, 421:1. 1977, 547:10. 1979, 398:5. 1981, 107:2; 226:1-3. 1983, 292:7. 1985, 293:5, 6. 1997, 30:1. 2005, 177:136, 137. 2008, 222:1, eff. Jan. 1, 2009. 2021, 58:1, eff. July 24, 2021. 2023, 22:1, eff. Jan. 1, 2024. 2025, 123:1, eff. Aug. 23, 2025.
Source history
- 1969, 421:1
- 1977, 547:10
- 1979, 398:5
- 1981, 107:2; 226:1-3
- 1983, 292:7
- 1985, 293:5, 6
- 1997, 30:1
- 2005, 177:136, 137
- 2008, 222:1, eff. Jan. 1, 2009
- 2021, 58:1, eff. July 24, 2021
- 2023, 22:1, eff. Jan. 1, 2024
- 2025, 123:1, eff. Aug. 23, 2025
Related materials
Bill relationships
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2026 HB1235
reference
es on any way a vehicle while knowingly having in his or her possession or in any part of the vehicle a controlled drug or controlled drug analog in violation of the provisions of RSA 318-B shall be guilty of a misdemeanor, and his or her license shall be revoked or his or her right to drive denied for a period of 60 days and at the discretion of the court for a period not to exceed 2 years. This section s
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2026 HB1235-FN
reference
es on any way a vehicle while knowingly having in his or her possession or in any part of the vehicle a controlled drug or controlled drug analog in violation of the provisions of RSA 318-B shall be guilty of a misdemeanor, and his or her license shall be revoked or his or her right to drive denied for a period of 60 days and at the discretion of the court for a period not to exceed 2 years. This section s
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2026 HB1237
reference
owledging the receipt and understanding of the policy. XXII. Excluding the drugs described in 49 C.F.R. section 392.4 of the federal Motor Carrier regulations and outlined under RSA 318-B, the only drugs that may be transported are those legally prescribed by a licensed physician, in their original container, and in the possession of the person who is prescribed them. XXIII. A tow business whose driver
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2026 HB126
repeal
Be it Enacted by the Senate and House of Representatives in General Court convened: 80:1 Controlled Drug Act; Sale by Pharmacist; Prescription Restrictions and Exceptions. RSA 318-B:9, IV is repealed and reenacted to read as follows: IV. No prescription shall be filled for more than a 34-day supply upon any single filling for controlled drugs of schedules II or III, except as specified below:
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2026 HB1423
amend · effective 2027-01-01
ffect without the invalid provision or application, and to this end the provisions of this act are declared to be severable. 3 New Subdivision; Synthetic Kratom Policy. Amend RSA 318-B by inserting after section 50 the following new subdivision: Synthetic Kratom Policy 318-B:51 Definitions. In this subdivision, "synthetic kratom" or "semisynthetic kratom" means: I. An alkaloid or alkaloid de
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2026 HB1423-FN
amend · effective 2027-01-01
ffect without the invalid provision or application, and to this end the provisions of this act are declared to be severable. 3 New Subdivision; Synthetic Kratom Policy. Amend RSA 318-B by inserting after section 50 the following new subdivision: Synthetic Kratom Policy 318-B:51 Definitions. In this subdivision, "synthetic kratom" or "semisynthetic kratom" means: I. An alkaloid or alkaloid de
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2026 HB1796
reference · effective 2027-01-01
arch, or arrest of a person or for a violation of probation or parole, and psilocybin that relates to the conduct is not contraband or subject to seizure or forfeiture pursuant to RSA 318-B: (a) A cultivator or provider possessing or transporting not more than an adequate supply of psilocybin for medical purposes as defined by department rule; and (b) A provider administering or a qualified patient t
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2026 HB1796-FN
reference · effective 2027-01-01
arch, or arrest of a person or for a violation of probation or parole, and psilocybin that relates to the conduct is not contraband or subject to seizure or forfeiture pursuant to RSA 318-B: (a) A cultivator or provider possessing or transporting not more than an adequate supply of psilocybin for medical purposes as defined by department rule; and (b) A provider administering or a qualified patient t
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2026 HB186
reference
of Drugs. Any person who drives on any way a vehicle while knowingly having in his or her possession or in any part of the vehicle a controlled drug or controlled drug analog in violation of the provisions of RSA 318-B shall be guilty of a misdemeanor, and his or her license shall be revoked or his or her right to drive denied for a period of 60 days and at the discretion of the court for a period not to exceed 2 years. This
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2026 HB186-FN-A
amend
. 5 Model Drug Dealer Liability Act; Definition of Illegal Drug. Amend RSA 318-C:4, I to read as follows: I. "Illegal drug" means any drug which is a schedule I-IV drug under RSA 318-B, the possession, use, manufacture, sale, or transportation of which is not otherwise authorized by law. 6 New Chapter; Regulation of Cannabis. Amend RSA by inserting after chapter 318-E the following new chapter: CH
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2026 HB194
reference · effective 2027-01-01
als under pharmacist supervision. A licensee or registrant of the board of pharmacy shall independently determine whether: (a) The act is expressly prohibited by: (1) This chapter; (2) The controlled drug act, RSA 318-B; (3) The rules of the board of pharmacy; or (4) Any other applicable state or federal laws or regulations; (b) The act is consistent with the individual's education, training, and experience; and (c) Performan
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2026 HB194-FN
reference · effective 2027-01-01
licensee or registrant of the board of pharmacy shall independently determine whether: (a) The act is expressly prohibited by: (1) This chapter; (2) The controlled drug act, RSA 318-B; (3) The rules of the board of pharmacy; or (4) Any other applicable state or federal laws or regulations; (b) The act is consistent with the individual's education, training, and experience; and (c) Performance
Opinions and discipline decisions mentioning this RSA
- 2007-173, JOHN MALONEY, ADMINISTRATOR OF THE ESTATE OF HELEN MALONEY v. DENNIS S. BADMAN, M.D. & a. Supreme Court opinion · December 20, 2007