The State Pharmacy Board made several substances immediately illegal in February in an emergency move.
The board’s method, which has never been used to outlaw a substance since the rules changed in the late 1980s, was made permanent in May following a public hearing. The board is waiting for the state’s attorney general to issue an opinion on whether all procedures were followed, said board Executive Director Howard Anderson.
“In recent years, we have deferred to the Legislature,” he said. “But the Legislature will get a chance to weigh in (when the session starts in January).”
Anderson said several of the drugs already had been listed as drugs of concern.
“The attorney general called and said, ‘We need to do something before somebody else hurts themselves with this stuff,’” Anderson said.
Some of the products didn’t list the active ingredients on the packaging, he said, and so the customers as well as any medical personnel didn’t know what to treat. A public hearing in April in Minot drew about 40 people, mostly in support of the ban, he said.
William Nickel, who has been charged with possessing two of the substances with the intent to deliver, attended the February board meeting when it first decided to ban them.