2024 -- S 2820 | |
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LC004443 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
____________ | |
A N A C T | |
RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT | |
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Introduced By: Senators Valverde, Euer, DiMario, and Miller | |
Date Introduced: March 22, 2024 | |
Referred To: Senate Health & Human Services | |
(Dept of Health) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 21-28-2.1 of the General Laws in Chapter 21-28 entitled "Uniform |
2 | Controlled Substances Act" is hereby amended to read as follows: |
3 | 21-28-2.01. Authority to control — Registration requirements and procedures. |
4 | (a)(1) The director of the department of health shall control all substances enumerated in § |
5 | 21-28-2.08 or the most current version of Title 21 of the Code of Federal Regulations (CFR) and |
6 | may by motion or on the petition of any interested party pursuant to the procedures of chapter 35 |
7 | of title 42, the Administrative Procedures Act, add, reschedule, or delete a substance as a controlled |
8 | substance. In making this determination, the director of health shall consider, but not be limited to |
9 | the following: |
10 | (i) ( Its actual or relative potential for abuse; |
11 | (ii) Scientific evidence of its pharmacological effect if known; |
12 | (iii) State of current scientific knowledge regarding the substance; |
13 | (iv) Its history and current pattern of abuse; |
14 | (v) The scope, duration, and significance of abuse; |
15 | (vi) What, if any, risk there is to the public health; |
16 | (vii) Its psychic or physiological dependence liability; |
17 | (viii) Whether the substance is an immediate precursor of a substance already controlled |
18 | under this chapter. |
19 | (2) After considering the factors in subdivision (1) of this section the director of health |
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1 | shall make findings with respect to these factors and shall issue an order controlling the substance |
2 | if it is found that the substance has potential for abuse. |
3 | (b) If the director of health designates a substance as an immediate precursor, substances |
4 | which are precursors of the controlled precursor shall not be subject to control solely because they |
5 | are precursors of the controlled precursor. |
6 | (c) If any substance is designated, rescheduled, or deleted as a controlled substance under |
7 | federal law and notice of that action is given to the director of health, he or she shall similarly |
8 | control the substance under this chapter after the expiration of sixty (60) days from publication in |
9 | the federal register of a final order designating a substance as a controlled substance or rescheduling |
10 | or deleting a substance, unless within that sixty (60) day period, the director of health objects to |
11 | inclusion, rescheduling, or deletion. In that case, the director of health shall publish the reasons for |
12 | objection and afford all interested parties an opportunity to be heard. At the conclusion of the |
13 | hearing, the director of health shall publish his or her decision, which shall be final unless altered |
14 | by statute. The director of health shall publish and file his or her decision with the secretary of state. |
15 | Upon publication of objection to inclusion, rescheduling, or deletion under this chapter by the |
16 | director of health, control under this chapter is stayed until the director of health publishes his or |
17 | her decision. The director of the department of health shall reference the current version of Title 21 |
18 | of the CFR as the current list of substances designated, rescheduled, or deleted as a controlled |
19 | substance for the state. If the director objects to inclusion, rescheduling, or deletion of any substance |
20 | under the current federal law, the director shall file that decision with the secretary of state and post |
21 | exempted substances on the department of health website. |
22 | (d) The following persons need not register and may lawfully possess controlled substances |
23 | under this chapter: |
24 | (1) An agent or employee of any registered manufacturer, distributor, or dispenser of any |
25 | controlled substance if he or she is acting in the usual course of his or her business or employment; |
26 | (2) A common or contract carrier or warehouse operator, or an employee of a carrier or |
27 | warehouse operator, whose possession of any controlled substance is in the usual course of business |
28 | or employment; |
29 | (3) An ultimate user or a person in possession of any controlled substance pursuant to a |
30 | lawful order of a practitioner or in lawful possession of a schedule V substance. |
31 | (e) The director of health may waive by rule the requirement for registration of certain |
32 | manufacturers, distributors, or dispensers if he or she finds it consistent with the public health and |
33 | safety. |
34 | (f) A separate registration is required at each place of business where the applicant |
| LC004443 - Page 2 of 20 |
1 | manufactures, distributes, or dispenses controlled substances. A separate registration is required at |
2 | each place of professional practice at which a practitioner stores controlled substances. A |
3 | practitioner may prescribe and administer controlled substances, upon registering with the director |
4 | of health at the applicant’s principal place of professional practice. |
5 | (g) The director of health or his or her authorized agent may inspect the establishment of a |
6 | registrant or applicant for registration in accordance with his or her regulations. |
7 | SECTION 2. Sections 21-28-2.8, 21-28-2.9 and 21-28-2.10 of the General Laws in Chapter |
8 | 21-28 entitled "Uniform Controlled Substances Act" are hereby repealed. |
9 | 21-28-2.08. Contents of schedules. |
10 | Schedules I through V shall consist of the drugs and other substances, by whatever official |
11 | name, common or usual name, chemical name, or brand name designated, listed in the |
12 | corresponding section, or designated by the director of the department of health pursuant to § 21- |
13 | 28-2.01. |
14 | Schedule I |
15 | (a) Opiates. Unless specifically excepted or unless listed in another schedule, any of the |
16 | following opiates, including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers |
17 | whenever the existence of the isomers, esters, ethers, and salts is possible within the specific |
18 | chemical designation: |
19 | (1) Acetylmethadol |
20 | (2) Allylprodine |
21 | (3) Alphacetylmethadol |
22 | (4) Alphameprodine |
23 | (5) Alphamethadol |
24 | (6) Benzethidine |
25 | (7) Betacetylmethadol |
26 | (8) Betameprodine |
27 | (9) Betamethadol |
28 | (10) Betaprodine |
29 | (11) Clonitazene |
30 | (12) Dextromoramide |
31 | (13) Difenoxin |
32 | (14) Diampromide |
33 | (15) Diethylthiambutene |
34 | (16) Dimenoxadol |
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1 | (17) Dimepheptanol |
2 | (18) Dimethylthiambutene |
3 | (19) Dioxaphetyl butyrate |
4 | (20) Dipipanone |
5 | (21) Ethylmethylthiambutene |
6 | (22) Etonitazene |
7 | (23) Extoxerdine |
8 | (24) Furethidine |
9 | (25) Hydroxypethidine |
10 | (26) Ketobemidone |
11 | (27) Levomoramide |
12 | (28) Levophenacylmorphan |
13 | (29) Morpheridine |
14 | (30) Noracymethadol |
15 | (31) Norlevorphanol |
16 | (32) Normethadone |
17 | (33) Norpipanone |
18 | (34) Phenadoxone |
19 | (35) Phenampromide |
20 | (36) Phenomorphan |
21 | (37) Phenoperidine |
22 | (38) Piritramide |
23 | (39) Proheptazine |
24 | (40) Properidine |
25 | (41) Propiram |
26 | (42) Racemoramide |
27 | (43) Trimeperidone |
28 | (44) Tilidine |
29 | (45) Alpha-methylfentanyl |
30 | (46) Beta-hydroxy-3-methylfentanyl other names: |
31 | N-[1-(2hydroxy-2-phenethyl)-3-methyl-4piperidingyl]-Nphenylpropanamide |
32 | (47) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N- |
33 | phenylpropanamide) |
34 | (48) N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide, its optical, positional, and |
| LC004443 - Page 4 of 20 |
1 | geometric isomers, salts and salts of isomers (Other names: acetyl fentanyl) |
2 | (49) N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl]piperidin-4-yl]-N-phenyl propionamide |
3 | (Other names: beta-hydroxythiofentanyl) |
4 | (50) N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide (Other names: Butyryl fentanyl) |
5 | (51) N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2-carboxamide (Other names: Furanyl |
6 | fentanyl) |
7 | (52) 3,4-dichloro-N-[(1-dimethylamino) cyclohexylmethyl]benzamide (Other names: AH- |
8 | 7921) |
9 | (53) 3,4-Dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide (Other names: |
10 | U-47700) |
11 | (54) 3-Methylbutyrfentanyl (Other names: 3-MBF) |
12 | (55) 4-Fluorobutyrfentanyl (Other names: 4-FBF, p-FBF) |
13 | (56) 4-Phenylfentanyl |
14 | (57) 4-Methoxybutyrfentanyl (Other names: 4-MeO-BF) |
15 | (58) Acrylfentanyl (Other names: acryloyfentanyl) |
16 | (59) Lofentanyl |
17 | (60) N-Methylcarfentanyl |
18 | (61) Ocfentanyl (INN, A-3217) |
19 | (63) 4-methoxymethylfentanyl (Other names: R-30490) |
20 | (64) 1-cyclohexyl-4-(1,2 diphenylethyl)piperazine) (Other names: MT-45, IC-6) |
21 | (b) Opium Derivatives. Unless specifically excepted or unless listed in another schedule, |
22 | any of the following opium derivatives, its salts, isomers, and salts of isomers whenever the |
23 | existence of the salts, isomers, and salts of isomers is possible within the specific chemical |
24 | designation: |
25 | (1) Acetorphine |
26 | (2) Acetyldihydrocodeine |
27 | (3) Benzylmorphine |
28 | (4) Codeine methylbromide |
29 | (5) Codeine-N-Oxide |
30 | (6) Cyprenorphine |
31 | (7) Desomorphine |
32 | (8) Dihydromorphine |
33 | (9) Etorphine (Except hydrochloride salt) |
34 | (10) Heroin |
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1 | (11) Hydromorphinol |
2 | (12) Methyldesorphine |
3 | (13) Methylihydromorphine |
4 | (14) Morphine methylbromide |
5 | (15) Morphine methylsulfonate |
6 | (16) Morphine-N-Oxide |
7 | (17) Myrophine |
8 | (18) Nococodeine |
9 | (19) Nicomorphine |
10 | (20) Normorphine |
11 | (21) Pholcodine |
12 | (22) Thebacon |
13 | (23) Drotebanol |
14 | (c) Hallucinogenic Substances. Unless specifically excepted or unless listed in another |
15 | schedule, any material, compound, mixture, or preparation that contains any quantity of the |
16 | following hallucinogenic substances, or that contains any of its salts, isomers, and salts of isomers |
17 | whenever the existence of the salts, isomers, and salts of isomers is possible within the specific |
18 | chemical designation (for purposes of this subsection only, the term “isomer” includes the optical, |
19 | position, and geometric isomers): |
20 | (1) 3, 4-methylenedioxy amphetamine |
21 | (2) 5-methoxy-3, 4-methylenedioxy amphetamine |
22 | (3) 3, 4, 5-trimethoxy amphetamine |
23 | (4) Bufotenine |
24 | (5) Diethyltryptamine |
25 | (6) Dimethyltryptamine |
26 | (7) 4-methyl 2, 5-dimethoxyamphetamine |
27 | (8) Ibogaine |
28 | (9) Lysergic acid diethylamide |
29 | (10) Marihuana |
30 | (11) Mescaline |
31 | (12) Peyote. Meaning all parts of the plant presently classified botanically as Lophophora |
32 | Williamsii Lemair whether growing or not; the seeds of the plant; any extract from any part of the |
33 | plant; and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its |
34 | seeds or extracts. |
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1 | (13) N-ethyl-3-piperidyl benzilate |
2 | (14) N-methyl-3-piperidyl benzilate |
3 | (15) Psilocybin |
4 | (16) Psilocyn |
5 | (17) Tetrahydrocannabinols. Synthetic equivalents of the substances contained in the plant, |
6 | or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their |
7 | isomers with similar chemical structure and pharmacological activity such as the following: delta |
8 | 1 cis or trans tetrahydrocannabinol, and their optical isomers. Delta 6 cis or trans |
9 | tetrahydrocannabinol and their optical isomers. Delta 3, 4 cis or trans tetrahydrocannabinol and |
10 | their optical isomer. (Since nomenclature of these substances is not internationally standardized, |
11 | compounds of these structures, regardless of numerical designation of atomic positions covered). |
12 | (18) Thiophene analog of phencyclidine. 1-(1-(2 thienyl) cyclo-hexyl) pipiridine: 2- |
13 | Thienyl analog of phencyclidine: TPCP |
14 | (19) 2,5 dimethoxyamphetamine |
15 | (20) 4-bromo-2,5-dimethoxyamphetamine, 4-bromo-2,5-dimethoxy-alpha- |
16 | methylphenethyamine: 4-bromo-2,5-DMA |
17 | (21) 4-methoxyamphetamine-4-methoxy-alpha-methylphenethylaimine: |
18 | paramethoxyamphetamine: PMA |
19 | (22) Ethylamine analog of phencyclidine. N-ethyl-1-phenylcyclohexylamine, (1- |
20 | phenylcyclohexyl) ethylamine, N-(1-phenylcyclophexyl) ethylamine, cyclohexamine, PCE |
21 | (23) Pyrrolidine analog of phencyclidine. 1-(1-phencyclohexyl)-pyrrolidine PCPy, PHP |
22 | (24) Parahexyl; some trade or other names: 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9- |
23 | trimethyl-6H-dibenz o (b,d) pyran: Synhexyl. |
24 | (25) Salvia Divinorum (Salvinorin A or Divinorin A), meaning any extract from any part |
25 | of the plant, and any compound, salt derivative, or mixture of the plant or its extracts. This shall |
26 | not mean the unaltered plant. |
27 | (26) Datura stamonium (jimsom weed or datura), meaning any extract from any part of the |
28 | plant, and any compound, salt derivative, or mixture of the plant or its extracts. This shall not mean |
29 | the unaltered plant. |
30 | (d) Depressants. Unless specifically excepted or unless listed in another schedule, any |
31 | material, compound, mixture, or preparation that contains any quantity of the following substances |
32 | having a depressant effect on the central nervous system, including its salts, isomers, and salts of |
33 | isomers whenever the existence of the salts, isomers, and salts of isomers is possible within the |
34 | specific chemical designation: |
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1 | (1) Mecloqualone. |
2 | (2) Methaqualone. |
3 | (3) 3-methyl fentanyl (n-(3methyl-1(2-phenylethyl)-4-piperidyl)-N-phenylpropanamide. |
4 | (4) 3,4-methyl-enedioxymethamphetamine (MDMA), its optical, positional, and geometric |
5 | isomers, salts, and salts of isomers. |
6 | (5) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP), its optical isomers, salts, and salts |
7 | of isomers. |
8 | (6) 1-(2-phenylethyl)-4-phenyl-4-acetyloxypiperidine (PEPAP), its optical isomers, salts, |
9 | and salts of isomers. |
10 | (7) N-(1-(1-methyl-2-phenyl)ethyl-4-piperidyl)-N-phenyl-acetamide (acetyl- |
11 | alphamethylfentanyl), its optical isomers, salts, and salts of isomers. |
12 | (8) N-(1-(1-methyl-2(2-thienyl)ethyl-4-piperidyl)-N-phenylpropanami de (alpha- |
13 | methylthiofentanyl), its optical isomers, salts, and salts of isomers. |
14 | (9) N-(1-benzyl-piperidyl)-N-phenylpropanamide (benzyl-fentanyl), its optical isomers, |
15 | salts, and salts of isomers. |
16 | (10) N-(1-(2-hydroxy-2-phenyl)ethyl-4-piperidyl)-N-phenyl-propanamid e (beta- |
17 | hydroxyfentanyl), its optical isomers, salts, and salts of isomers. |
18 | (11) N-(3-methyl-1(2-hydroxy-2-phenyl)ethyl-4-piperidyl)-N-phenylpro panamide (beta- |
19 | hydroxy-3-methylfentanyl), its optical and geometric isomers, salts, and salts of isomers. |
20 | (12) N-(3-methyl)-1-(2-(2-thienyl)ethyl-4-piperidyl)-N-phenylpro-panamide (3- |
21 | methylthiofentanyl), its optical and geometric isomers, salts, and salts of isomers. |
22 | (13) N-(1-2-thienyl)methyl-4-piperidyl)-N-phenylpropanamide (thenylfentanyl), its |
23 | optical isomers, salts, and salts of isomers. |
24 | (14) N-(1-(2(2-thienyl)ethyl-4-piperidyl-N-phenylpropanamide (thiofentanyl), its optical |
25 | isomers, salts, and salts of isomers. |
26 | (15) N-[1-(2-phenylethyl)-4-piperidyl]-N-(4-fluorophenyl)-propanamid e (para- |
27 | fluorofentanyl), its optical isomers, salts, and salts of isomers. |
28 | (16) Gamma hydroxybutyrate, HOOC-CH2-CH2-CH2OH, its optical, position, or |
29 | geometric isomers, salts, and salts of isomers. |
30 | (17) Etizolam. |
31 | (18) Flubromazolam. |
32 | (e) Stimulants. Unless specifically excepted or unless listed in another schedule, any |
33 | material, compound, mixture, or preparation that contains any quantity of the following substances |
34 | having a stimulant effect on the central nervous system, including its salts, isomers, and salts of |
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1 | isomers: |
2 | (1) Fenethylline |
3 | (2) N-ethylamphetamine |
4 | (3) 4-methyl-N-methylcathinone (Other name: mephedrone) |
5 | (4) 3,4-methylenedioxy-N-methlycathinone (Other name: methylone) |
6 | (5) 3,4-methylenedioxypyrovalerone (Other name: MDPV) |
7 | (f) Any material, compound, mixture, or preparation that contains any quantity of the |
8 | following substances: |
9 | (1) 5-(1,1-Dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497) |
10 | (2) 5-(1,1-Dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol |
11 | (cannabicyclohexanol and CP-47,497 c8 homologue) |
12 | (3) 1-Butyl-3-(1 naphthoyl)indole, (JWH-073) |
13 | (4) 1-[2-(4-Morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200) |
14 | (5) 1-Pentyl-3-(1-napthoyl)indole, (JWH-018 and AM678) |
15 | (g) Synthetic cannabinoids or piperazines. Unless specifically excepted, any chemical |
16 | compound which is not approved by the United States Food and Drug Administration or, if |
17 | approved, which is not dispensed or possessed in accordance with state and federal law, that |
18 | contains Benzylpiperazine (BZP); Trifluoromethylphenylpiperazine (TFMPP); 1,1- |
19 | Dimethylheptyl-11-hydroxytetrahydrocannabinol (HU-210); 1-Butyl-3-(1-naphthoyl) indole; 1- |
20 | Pentyl-3-(1-naphthoyl) indole; dexanabinol (HU-211); or any compound in the following structural |
21 | classes: |
22 | (1) Naphthoylindoles: Any compound containing a 3-(1-naphthoyl)indole structure with |
23 | substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, |
24 | cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl |
25 | group, whether or not further substituted in the indole ring to any extent and whether or not |
26 | substituted in the naphthyl ring to any extent. Examples of this structural class include, but are not |
27 | limited, to JWH-015, JWH-018, JWH-019, JWH-073, JWH-081, JWH-122, JWH-200, and AM- |
28 | 2201; |
29 | (2) Phenylacetylindoles: Any compound containing a 3-phenylacetylindole structure with |
30 | substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, |
31 | cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl |
32 | group whether or not further substituted in the indole ring to any extent and whether or not |
33 | substituted in the phenyl ring to any extent. Examples of this structural class include, but are not |
34 | limited to, JWH-167, JWH-250, JWH-251, and RCS-8; |
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1 | (3) Benzoylindoles: Any compound containing a 3-(benzoyl) indole structure with |
2 | substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, |
3 | cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl |
4 | group whether or not further substituted in the indole ring to any extent and whether or not |
5 | substituted in the phenyl ring to any extent. Examples of this structural class include, but are not |
6 | limited, to AM-630, AM-2233, AM-694, Pravadoline (WIN 48,098), and RCS-4; |
7 | (4) Cyclohexylphenols: Any compound containing a 2-(3-hydroxycyclohexyl)phenol |
8 | structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl, |
9 | cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl |
10 | group whether or not substituted in the cyclohexyl ring to any extent. Examples of this structural |
11 | class include, but are not limited to, CP 47,497 and its C8 homologue (cannabicyclohexanol); |
12 | (5) Naphthylmethylindoles: Any compound containing a 1H-indol-3-yl-(1-naphthyl) |
13 | methane structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, |
14 | alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4- |
15 | morpholinyl)ethyl group whether or not further substituted in the indole ring to any extent and |
16 | whether or not substituted in the naphthyl ring to any extent. Examples of this structural class |
17 | include, but are not limited to, JWH-175, JWH-184, and JWH-185; |
18 | (6) Naphthoylpyrroles: Any compound containing a 3-(1-naphthoyl)pyrrole structure with |
19 | substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, alkenyl, |
20 | cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl |
21 | group whether or not further substituted in the pyrrole ring to any extent and whether or not |
22 | substituted in the naphthyl ring to any extent. Examples of this structural class include, but are not |
23 | limited, to JWH-030, JWH-145, JWH-146, JWH-307, and JWH-368; |
24 | (7) Naphthylmethylindenes: Any compound containing a 1-(1-naphthylmethyl)indene |
25 | structure with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl, |
26 | cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl |
27 | group whether or not further substituted in the indene ring to any extent and whether or not |
28 | substituted in the naphthyl ring to any extent. Examples of this structural class include, but are not |
29 | limited to, JWH-176; or |
30 | (8) Any other synthetic cannabinoid or piperazine which is not approved by the United |
31 | States Food and Drug Administration or, if approved, which is not dispensed or possessed in |
32 | accordance with state and federal law. |
33 | (h) Synthetic cathinones. Unless specifically excepted, any chemical compound which is |
34 | not approved by the United States Food and Drug Administration or, if approved, which is not |
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1 | dispensed or possessed in accordance with state and federal law, not including bupropion, |
2 | structurally derived from 2-aminopropan-1-one by substitution at the 1-position with either phenyl, |
3 | naphthyl, or thiophene ring systems, whether or not the compound is further modified in one or |
4 | more of the following ways: |
5 | (1) By substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, |
6 | haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring system by |
7 | one or more other univalent substituents. Examples of this class include, but are not limited to, 3,4- |
8 | Methylenedioxycathinone (bk-MDA); |
9 | (2) By substitution at the 3-position with an acyclic alkyl substituent. Examples of this |
10 | class include, but are not limited to, 2-methylamino-1-phenylbutan-1-one (buphedrone); |
11 | (3) By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or |
12 | methoxybenzyl groups, or by inclusion of the 2-amino nitrogen atom in a cyclic structure. |
13 | Examples of this class include, but are not limited to, Dimethylcathinone, Ethcathinone, and α- |
14 | Pyrrolidinopropiophenone (α-PPP); or |
15 | (4) Any other synthetic cathinone which is not approved by the United States Food and |
16 | Drug Administration or, if approved, is not dispensed or possessed in accordance with state or |
17 | federal law. Examples of this class include, but are not limited to, Ephylone and Pentylone. |
18 | Schedule II |
19 | (a) Substances, vegetable origin, or chemical synthesis. Unless specifically excepted or |
20 | unless listed in another schedule, any of the following substances whether produced directly or |
21 | indirectly by extraction from substances of vegetable origin, or independently by means of |
22 | chemical synthesis, or by a combination of extraction and chemical synthesis: |
23 | (1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or |
24 | opiate excluding naloxone and its salts, and excluding naltrexone and its salts, but including the |
25 | following: |
26 | (i) Raw opium |
27 | (ii) Opium extracts |
28 | (iii) Opium fluid extracts |
29 | (iv) Powdered opium |
30 | (v) Granulated opium |
31 | (vi) Tincture of opium |
32 | (vii) Etorphine hydrochloride |
33 | (viii) Codeine |
34 | (ix) Ethylmorphine |
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1 | (x) Hydrocodone |
2 | (xi) Hydromorphone |
3 | (xii) Metopon |
4 | (xiii) Morphine |
5 | (xiv) Oxycodone |
6 | (xv) Oxymorphone |
7 | (xvi) Thebaine |
8 | (2) Any salt, compound, derivative, or preparation that is chemically equivalent or identical |
9 | with any of the substances referred to in subdivision (1) of this subsection, except that these |
10 | substances shall not include the isoquinoline alkaloids of opium. |
11 | (3) Opium poppy and poppy straw. |
12 | (4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any |
13 | salt, compound, derivative, or preparation that is chemically equivalent or identical with any of |
14 | these substances, except that the substances shall not include decocainized coca leaves or extraction |
15 | of coca leaves, which extractions do not contain cocaine or ecgonine. |
16 | (5) Concentrate of poppy straw (the crude extract of poppy straw in liquid, solid, or powder |
17 | form that contains the phenanthrine alkaloids of the opium poppy). |
18 | (b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the |
19 | following opiates, including its isomers, esters, ethers, salts; and salts of isomers, esters, and ethers |
20 | whenever the existence of the isomers, esters, ethers, and salts is possible within the specific |
21 | chemical designation: |
22 | (1) Alphaprodine |
23 | (2) Anileridine |
24 | (3) Bezitramide |
25 | (4) Dihydrocodeine |
26 | (5) Diphenoxylate |
27 | (6) Fentanyl |
28 | (7) Isomethadone |
29 | (8) Levomethorphan |
30 | (9) Levorphanol |
31 | (10) Metazocine |
32 | (11) Methadone |
33 | (12) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane |
34 | (13) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic |
| LC004443 - Page 12 of 20 |
1 | acid |
2 | (14) Pethidine |
3 | (15) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine |
4 | (16) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate |
5 | (17) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid |
6 | (18) Phenaxocine |
7 | (19) Piminodine |
8 | (20) Racemethorphan |
9 | (21) Racemorphan |
10 | (22) Bulk Dextropropoxyphene (non-dosage forms) |
11 | (23) Suffentanil |
12 | (24) Alfentanil |
13 | (25) Levoalphacetylmethadol |
14 | (26) Carfentanil |
15 | (27) Remifentanil |
16 | (c) Stimulants. Unless specifically excepted or unless listed in another schedule, any |
17 | material, compound, mixture, or preparation that contains any quantity of the following substances |
18 | having a stimulant effect on the central nervous system: |
19 | (1) Amphetamine, its salts, optical isomers, and salts of its optical isomers. |
20 | (2) Methamphetamine, its salts, and salts of its isomers. |
21 | (3) Phenmetrazine and its salts. |
22 | (4) Methylphenidate. |
23 | (d) Depressants. Unless specifically excepted or unless listed in another schedule, any |
24 | material, compound, mixture, or preparation that contains any quantity of the following substances |
25 | having a depressant effect on the central nervous system, including its salts, isomers, and salts of |
26 | isomers whenever the existence of the salts, isomers, and salts of isomers is possible within the |
27 | specific chemical designation: |
28 | (1) Amobarbital |
29 | (2) Glutethimide |
30 | (3) Methyprylon |
31 | (4) Pentobarbital |
32 | (5) Phencyclidine |
33 | (6) Secobarbital |
34 | (7) Phencyclidine immediate precursors: |
| LC004443 - Page 13 of 20 |
1 | (i) 1-phencyclohexylamine |
2 | (ii) 1-piperidinocyclohexane-carbonitrile (PCC) |
3 | (8) Immediate precursor to amphetamine and methamphetamine: Phenylacetone. Some |
4 | other names: phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzone ketone. |
5 | Schedule III |
6 | (a) Unless specifically excepted or unless listed in another schedule, any material, |
7 | compound, mixture, or preparation that contains any quantity of the following substances having a |
8 | depressant effect on the central nervous system: |
9 | (1) Any substance that contains any quantity of a derivative of barbituric acid or any salt |
10 | of a derivative of barbituric acid. |
11 | (2) Chlorhexadol |
12 | (3) Lysergic acid |
13 | (4) Lysergic acid amide |
14 | (5) Sulfondiethylmethane |
15 | (6) Sulfonethylmethane |
16 | (7) Sylfonmethane |
17 | (8) Any compound, mixture, or preparation containing amobarbital, secobarbital, |
18 | pentobarbital, or any salt of them and one or more other active medicinal ingredients that are not |
19 | listed in any schedule. |
20 | (9) Any suppository dosage form containing amobarbital, secobarbital, pentobarbital, or |
21 | any salt of any of these drugs and approved by the Food and Drug Administration for marketing |
22 | only as a suppository. |
23 | (10) Ketamine, its salts, isomers, and salts of isomers. (Some other names for ketamine: |
24 | (+)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone). |
25 | (b) Unless specifically excepted or unless listed in another schedule, any material, |
26 | compound, mixture, or preparation containing limited quantities of any of the following narcotic |
27 | drugs, or any salts of them: |
28 | (1) Not more than one and eight tenths grams (1.8 gms.) of codeine per one hundred |
29 | milliliters (100 mls.) or not more than ninety milligrams (90 mgs.) per dosage unit, with an equal |
30 | or greater quantity of an isoquinoline alkaloid of opium. |
31 | (2) Not more than one and eight tenths grams (1.8 gms.) of codeine per one hundred |
32 | milliliters (100 mls.) or not more than ninety milligrams (90 mgs.) per dosage unit, with one or |
33 | more active, nonnarcotic ingredients in recognized therapeutic amounts. |
34 | (3) Not more than three hundred milligrams (300 mgs.) of dihydrocodeinone per one |
| LC004443 - Page 14 of 20 |
1 | hundred milliliters (100 mls.) or not more than fifteen milligrams (15 mgs.) per dosage unit, with |
2 | a fourfold or greater quantity of an isoquinoline alkaloid of opium. |
3 | (4) Not more than three hundred milligrams (300 mgs.) of dihydrocodeinone per one |
4 | hundred milliliters (100 mls.) or not more than fifteen milligrams (15 mgs.) per dosage unit, with |
5 | one or more active nonnarcotic ingredients in recognized therapeutic amounts. |
6 | (5) Not more than one and eight tenths grams (1.8 gms.) of dihydrocodeine per one hundred |
7 | milliliters (100 mls.) or not more than ninety milligrams (90 mgs.) per dosage unit, with one or |
8 | more active nonnarcotic ingredients in recognized therapeutic amounts. |
9 | (6) Not more than three hundred milligrams (300 mgs.) of ethylmorphine per one hundred |
10 | milliliters (100 mls.) or not more than fifteen milligrams (15 mgs.) per dosage unit, with one or |
11 | more active nonnarcotic ingredients in recognized therapeutic amounts. |
12 | (7) Not more than five hundred milligrams (500 mgs.) of opium per one hundred milliliters |
13 | (100 mls.) or per one hundred grams (100 gms.) or not more than twenty-five milligrams (25 mgs.) |
14 | per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts. |
15 | (8) Not more than fifty milligrams (50 mgs.) of morphine per one hundred milliliters (100 |
16 | mls.) per one hundred grams (100 gms.) with one or more active, nonnarcotic ingredients in |
17 | recognized therapeutic amounts. |
18 | (c) Stimulants. Unless specifically excepted or listed in another schedule, any material, |
19 | compound, mixture, or preparation that contains any quantity of the following substances having a |
20 | stimulant effect on the central nervous system, including its salts, isomers, and salts of the isomers |
21 | whenever the existence of the salts of isomers is possible within the specific chemical designation: |
22 | (1) Benzphetamine |
23 | (2) Chlorphentermine |
24 | (3) Clortermine |
25 | (4) Mazindol |
26 | (5) Phendimetrazine |
27 | (d) Steroids and hormones. Anabolic steroids (AS) or human growth hormone (HGH), |
28 | excluding those compounds, mixtures, or preparations containing an anabolic steroid that because |
29 | of its concentration, preparation, mixture, or delivery system, has no significant potential for abuse, |
30 | as published in 21 C.F.R. § 1308.34, including, but not limited to, the following: |
31 | (1) Chorionic gonadotropin, except for veterinary use and when that use is approved by the |
32 | Food and Drug Administration. |
33 | (2) Clostebol |
34 | (3) Dehydrochlormethyltestosterone |
| LC004443 - Page 15 of 20 |
1 | (4) Ethylestrenol |
2 | (5) Fluoxymesterone |
3 | (6) Mesterolone |
4 | (7) Metenolone |
5 | (8) Methandienone |
6 | (9) Methandrostenolone |
7 | (10) Methyltestosterone |
8 | (11) Nandrolone decanoate |
9 | (12) Nandrolone phenpropionate |
10 | (13) Norethandrolone |
11 | (14) Oxandrolone |
12 | (15) Oxymesterone |
13 | (16) Oxymetholone |
14 | (17) Stanozolol |
15 | (18) Testosterone propionate |
16 | (19) Testosterone-like related compounds |
17 | (20) Human Growth Hormone (HGH) |
18 | (e) Hallucinogenic substances. |
19 | (1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in U.S. |
20 | Food and Drug Administration-approved drug product. (Some other names for dronabinol: (6aR- |
21 | trans)-6a, 7, 8, 10a-tetrahydro-6, 6, 9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol, or (-)-delta- |
22 | 9(trans)-tetrahydrocannabinol.) |
23 | Schedule IV |
24 | (1) Barbital. |
25 | (2) Chloral betaine |
26 | (3) Chloral hydrate |
27 | (4) Ethchrovynol |
28 | (5) Ethinamate |
29 | (6) Methohexital |
30 | (7) Meprobamate |
31 | (8) Methylphenobarbital |
32 | (9) Paraldehyde |
33 | (10) Petrichloral |
34 | (11) Phenobarbital |
| LC004443 - Page 16 of 20 |
1 | (12) Fenfluramine |
2 | (13) Diethylpropion |
3 | (14) Phentermine |
4 | (15) Pemoline (including organometallic complexes and chelates thereof). |
5 | (16) Chlordiazepoxide |
6 | (17) Clonazepam |
7 | (18) Clorazepate |
8 | (19) Diazepam |
9 | (20) Flurazepam |
10 | (21) Mebutamate |
11 | (22) Oxazepam |
12 | (23) Unless specifically excepted or unless listed in another schedule, any material, |
13 | compound, mixture, or preparation that contains any quantity of the following substances, including |
14 | its salts: |
15 | Dextropropoxyphene(alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2- |
16 | propronoxybutane). |
17 | (24) Prazepam |
18 | (25) Lorazepam |
19 | (26) Not more than one milligram (1 mg.) of difenoxin and not less than twenty-five (25) |
20 | micrograms of atropine sulfate per dosage unit. |
21 | (27) Pentazocine |
22 | (28) Pipradrol |
23 | (29) SPA (-)-1-dimethylamino-1, 2-diphenylethane |
24 | (30) Temazepam |
25 | (31) Halazepam |
26 | (32) Alprazolam |
27 | (33) Bromazepam |
28 | (34) Camazepam |
29 | (35) Clobazam |
30 | (36) Clotiazepam |
31 | (37) Cloxazolam |
32 | (38) Delorazepam |
33 | (39) Estazolam |
34 | (40) Ethyl Ioflazepate |
| LC004443 - Page 17 of 20 |
1 | (41) Fludizaepam |
2 | (42) Flunitrazepam |
3 | (43) Haloxazolam |
4 | (44) Ketazolam |
5 | (45) Loprazolam |
6 | (46) Lormetazepam |
7 | (47) Medazepam |
8 | (48) Nimetazepam |
9 | (49) Nitrazepam |
10 | (50) Nordiazepam |
11 | (51) Oxazolam |
12 | (52) Pinazepam |
13 | (53) Tetrazepam |
14 | (54) Mazindol |
15 | (55) Triazolam |
16 | (56) Midazolam |
17 | (57) Quazepam |
18 | (58) Butorphanol |
19 | (59) Sibutramine |
20 | (60) Tramadol |
21 | (61) Zolpidem |
22 | Schedule V |
23 | (a) Any compound, mixture, or preparation containing any of the following limited |
24 | quantities of narcotic drugs, which shall include one or more non-narcotic active medicinal |
25 | ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable |
26 | medicinal qualities other than those possessed by the narcotic drug alone: |
27 | (1) Not more than two hundred milligrams (200 mgs.) of codeine per 100 milliliters (100 |
28 | mls.) or per one hundred grams (100 gms.). |
29 | (2) Not more than one hundred milligrams (100 mgs.) of dihydrocodeine per 100 milliliters |
30 | (100 mls.) or per one hundred grams (100 gms.). |
31 | (3) Not more than one hundred milligrams (100 mgs.) of ethylmorphine per 100 milliliters |
32 | (100 mls.) or per one hundred grams (100 gms.). |
33 | (4) Not more than two and five tenths milligrams (2.5 mgs.) of diphenixylate and not less |
34 | than twenty-five (25) micrograms of atropine sulfate per dosage unit. |
| LC004443 - Page 18 of 20 |
1 | (5) Not more than one hundred milligrams (100 mgs.) of opium per one hundred milliliters |
2 | (100 mls.) or per one hundred grams (100 gms.). |
3 | (b) Not more than five tenths milligrams (0.5 mgs.) of difenoxin and not less than twenty- |
4 | five (25) micrograms of atropine sulfate per dosage unit. |
5 | (c) Buprenorphine |
6 | (d) Unless specifically exempted or excluded or unless listed in another schedule, any |
7 | material, compound, mixture, or preparation that contains any quantity of the following substances |
8 | having a stimulant effect on the central nervous system, including its salts, isomers, and salts of |
9 | isomers: |
10 | (1) Propylhexedrine (except as benzedrex inhaler) |
11 | (2) Pyrovalerone. |
12 | (e) Xylazine HCL |
13 | 21-28-2.09. Exemption of compounds containing counteragents. |
14 | Nothing in this chapter shall apply to any compound, mixture, or preparation containing |
15 | any depressant or stimulant drug in schedule II or in subsection (a) of schedule III or in schedule |
16 | IV or V if: (1) the compound, mixture, or preparation contains one or more active medicinal |
17 | ingredients not having a depressant or stimulant effect on the central nervous system, and (2) these |
18 | ingredients are included in the compound, mixture or preparation in such combinations, quantity, |
19 | proportion, or concentration as to vitiate the potential for abuse of the drugs which do have a |
20 | depressant or stimulant effect on the central nervous system. |
21 | 21-28-2.10. Exemption of dextromethorphan. |
22 | Dextromethorphan shall not be deemed to be included in any schedule unless controlled |
23 | pursuant to the provisions of this article. |
24 | SECTION 3. This act shall take effect upon passage. |
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| LC004443 - Page 19 of 20 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT | |
*** | |
1 | This act would substitute the current lists of controlled substances in the general laws with |
2 | the current version of Title 21 of the code of federal regulations. |
3 | This act would take effect upon passage. |
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| LC004443 - Page 20 of 20 |