34-20B-35. Criteria for registration of manufacturers and distributors. The department shall register an applicant to manufacture and distribute controlled drugs and substances included in Schedules I through IV of §§ 34-20B-11 to 34-20B-26, inclusive, unless it is determined that the issuance of such registration is inconsistent with the public interest. In determining the public interest, the following factors shall be considered:
(1) Maintenance of effective controls against diversion of particular controlled drugs and substances and any Schedule I or II substance compounded therefrom into other than legitimate medical, scientific, or industrial channels;
(2) Compliance with the applicable state and local law;
(3) Prior conviction record of applicant under federal and state laws relating to the manufacture, distribution, or dispensing of such substances;
(4) Past experience in the manufacture of controlled drugs and substances, and the existence in the establishment of effective controls against diversion; and
(5) Such other factors as may be relevant to and consistent with the public health and safety.Source: SL 1970, ch 229, § 9 (f); SDCL Supp, § 39-17-78.
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