2013 -- S 0454 SUBSTITUTE A

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LC01023/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO FOOD AND DRUGS - UNIFORM CONTROLLED SUBSTANCES ACT

     Introduced By: Senators Archambault, Cote, Lombardi, Conley, and Doyle

     Date Introduced: February 28, 2013

     Referred To: Senate Judiciary

(Attorney General)

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 21-28-1.02 and 21-28-2.08 of the General Laws in Chapter 21-28

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entitled "Uniform Controlled Substances Act" are hereby amended to read as follows:

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     21-28-1.02. Definitions. -- Unless the context otherwise requires, the words and phrases

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as defined in this section are used in this chapter in the sense given them in the following

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definitions:

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     (1) "Administer" refers to the direct application of controlled substances to the body of a

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patient or research subject by:

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     (i) A practitioner, or, in his or her presence by his or her authorized agent; or

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     (ii) The patient or research subject at the direction and in the presence of the practitioner

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whether the application is by injection, inhalation, ingestion, or any other means.

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     (2) "Agent" means an authorized person who acts on behalf of or at the direction of a

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manufacturer, wholesaler, distributor, or dispenser; except that these terms do not include a

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common or contract carrier or warehouse operator, when acting in the usual and lawful course of

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the carrier's or warehouse operator's business.

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     (3) "Apothecary" means a registered pharmacist as defined by the laws of this state and,

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where the context requires, the owner of a licensed pharmacy or other place of business where

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controlled substances are compounded or dispensed by a registered pharmacist; and includes

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registered assistant pharmacists as defined by existing law, but nothing in this chapter shall be

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construed as conferring on a person who is not registered as a pharmacist any authority, right, or

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privilege that is not granted to him or her by the pharmacy laws of the state.

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     (4) "Automated data processing system" means a system utilizing computer software and

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hardware for the purposes of record keeping.

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     (5) "Computer" means programmable electronic device capable of multi-functions,

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including, but not limited to, storage, retrieval, and processing of information.

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     (6) "Control" means to add a drug or other substance or immediate precursor to a

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schedule under this chapter, whether by transfer from another schedule or otherwise.

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     (7) "Controlled substance" means a drug, substance, or immediate precursor, or synthetic

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drug in schedules I -- V of this chapter. The term shall not include distilled spirits, wine, or malt

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beverages, as those terms are defined or used in chapter 1 of title 3, nor tobacco.

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     (8) "Counterfeit substance" means a controlled substance which, or the container or

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labeling of which, without authorization bears the trademark, trade name, or other identifying

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mark, imprint, number, or device, or any likeness of them, of a manufacturer, distributor, or

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dispenser, other than the person or persons who in fact manufactured, distributed, or dispensed

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the substance and which thereby falsely purports or is represented to be the product of, or to have

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been distributed by, the other manufacturer, distributor, or dispenser, or which substance is

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falsely purported to be or represented to be one of the controlled substances by a manufacturer,

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distributor, or dispenser.

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     (9) "CRT" means cathode ray tube used to impose visual information on a screen.

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     (10) "Deliver" or "delivery" means the actual, constructive, or attempted transfer of a

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controlled substance or imitation controlled substance, whether or not there exists an agency

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relationship.

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     (11) "Department" means the department of health of this state.

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     (12) "Depressant or stimulant drug" means:

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     (i) A drug which contains any quantity of:

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     (A) Barbituric acid or derivatives, compounds, mixtures, or preparations of barbituric

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acid; and

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     (B) "Barbiturate" or "barbiturates" includes all hypnotic and/or somnifacient drugs,

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whether or not derivatives of barbituric acid, except that this definition shall not include bromides

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and narcotics.

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     (ii) A drug which contains any quantity of:

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     (A) Amphetamine or any of its optical isomers;

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     (B) Any salt of amphetamine and/or desoxyephedrine or any salt of an optical isomer of

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amphetamine and/or desoxyephedrine, or any compound, mixture, or preparation of them.

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     (iii) A drug which contains any quantity of coca leaves. "Coca leaves" includes cocaine,

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or any compound, manufacture, salt, derivative, mixture, or preparation of coca leaves, except

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derivatives of coca leaves, which do not contain cocaine, ecgonine, or substance from which

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cocaine or ecgonine may be synthesized or made.

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     (iv) Any other drug or substance which contains any quantity of a substance which the

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attorney general of the United States, or the director of health, after investigation, has found to

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have, or by regulation designates as having, a potential for abuse because of its depressant or

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stimulant effect on the central nervous system.

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     (13) "Director" means the director of health.

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     (14) "Dispense" means to deliver, distribute, leave with, give away, or dispose of a

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controlled substance to the ultimate user or human research subject by or pursuant to the lawful

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order of a practitioner, including the packaging, labeling, or compounding necessary to prepare

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the substance for that delivery.

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     (15) "Dispenser" is a practitioner who delivers a controlled substance to the ultimate user

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or human research subject.

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     (16) "Distribute" means to deliver (other than by administering or dispensing) a

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controlled substance or an imitation controlled substance and includes actual constructive, or

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attempted transfer. "Distributor" means a person who so delivers a controlled substance or an

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imitation controlled substance.

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     (17) "Downtime" means that period of time when a computer is not operable.

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     (18) "Drug addicted person" means a person who exhibits a maladaptive pattern of

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behavior resulting from drug use, including one or more of the following: impaired control over

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drug use; compulsive use; and/or continued use despite harm, and craving.

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     (19) "Drug Enforcement Administration" means the Drug Enforcement Administration

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United States Department of Justice or its successor.

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     (20) "Federal law" means the Comprehensive Drug Abuse Prevention and Control Act of

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1970, (84 stat. 1236)(see generally 21 U.S.C. section 801 et seq.), and all regulations pertaining to

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that federal act.

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     (21) "Hardware" means the fixed component parts of a computer.

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     (22) "Hospital" means an institution as defined in chapter 17 of title 23.

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     (23) "Imitation controlled substance" means a substance that is not a controlled

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substance, which by dosage unit, appearance (including color, shape, size, and markings), or by

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representations made, would lead a reasonable person to believe that the substance is a controlled

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substance and, which imitation controlled substances contain substances which if ingested, could

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be injurious to the health of a person. In those cases when the appearance of the dosage unit is not

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reasonably sufficient to establish that the substance is an "imitation controlled substance" (for

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example in the case of powder or liquid), the court or authority concerned should consider, in

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addition to all other logically relevant factors, the following factors as related to "representations

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made" in determining whether the substance is an "imitation controlled substance":

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     (i) Statement made by an owner, possessor, transferor, recipient, or by anyone else in

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control of the substance concerning the nature of the substance, or its use or effect.

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     (ii) Statements made by the owner, possessor, or transferor, to the recipient that the

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substance may be resold for substantial profit.

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     (iii) Whether the substance is packaged in a manner reasonably similar to packaging of

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illicit controlled substances.

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     (iv) Whether the distribution or attempted distribution included an exchange of or

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demand for money or other property as consideration, and whether the amount of the

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consideration was substantially greater than the reasonable value of the non-controlled substance.

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     (24) "Immediate precursor" means a substance:

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     (i) Which the director of health has found to be and by regulation designated as being the

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principal compound used, or produced primarily for use, in the manufacture of a controlled

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substance;

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     (ii) Which is an immediate chemical intermediary used or likely to be used in the

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manufacture of those controlled substances; and

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     (iii) The control of which is necessary to prevent, curtail, or limit the manufacture of that

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controlled substance.

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     (25) "Laboratory" means a laboratory approved by the department of health as proper to

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be entrusted with controlled substances and the use of controlled substances for scientific and

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medical purposes and for the purposes of instruction.

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     (26) "Marijuana" means all parts of the plant cannabis sativa L., whether growing or not;

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the seeds of the plant; the resin extracted from any part of the plant; and every compound,

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manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, but shall not

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include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the

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seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of

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mature stalks, (except the resin extracted from it), fiber, oil or cake, or the sterilized seed from the

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plant which is incapable of germination.

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     (27) "Manufacture" means the production, preparation, propagation, cultivation,

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compounding, or processing of a drug or other substance, including an imitation controlled

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substance, either directly or indirectly or by extraction from substances of natural origin, or

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independently by means of chemical synthesis or by a combination of extraction and chemical

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synthesis and includes any packaging or repackaging of the substance or labeling or relabeling of

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its container in conformity with the general laws of this state except by a practitioner as an

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incident to his or her administration or dispensing of the drug or substance in the course of his or

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her professional practice.

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     (28) "Manufacturer" means a person who manufactures but does not include an

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apothecary who compounds controlled substances to be sold or dispensed on prescriptions.

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     (29) "Narcotic drug" means any of the following, whether produced directly or indirectly

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by extraction from substances of vegetable origin, or independently by means of chemical

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synthesis or by a combination of extraction and chemical synthesis:

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     (i) Opium and opiates.

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     (ii) A compound, manufacture, salt, derivative, or preparation of opium or opiates.

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     (iii) A substance (and any compound, manufacture, salt, derivative, or preparation of it)

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which is chemically identical with any of the substances referred to in paragraphs (i) and (ii) of

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this subdivision.

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     (iv) Any other substance which the attorney general of the United States, or his or her

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successor, or the director of health, after investigation, has found to have, and by regulation

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designates as having, a potential for abuse similar to opium and opiates.

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     (30) "Official written order" means an order written on a form provided for that purpose

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by the Drug Enforcement Administration under any laws of the United States making provision

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for an official form, if order forms are authorized and required by federal law, and if no order

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form is provided then on an official form provided for that purpose by the director of health.

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     (31) "Opiate" means any substance having an addiction-forming or addiction-sustaining

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liability similar to morphine or being capable of conversion into a drug having addiction-forming

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or addiction-sustaining liability.

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     (32) "Opium poppy" means the plant of the species papaver somniferum L., except the

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seeds of the plant.

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     (33) "Ounce" means an avoirdupois ounce as applied to solids and semi-solids, and a

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fluid ounce as applied to liquids.

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     (34) "Person" means any corporation, association, partnership, or one or more

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individuals.

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     (35) "Physical dependence" means a state of adaptation that is manifested by a drug class

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specific withdrawal syndrome that can be produced by abrupt cessation, rapid dose reduction,

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decreasing blood level of the drug, and/or administration of an antagonist.

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     (36) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.

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     (37) "Practitioner" means:

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     (i) A physician, osteopath, dentist, chiropodist, veterinarian, scientific investigator, or

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other person licensed, registered or permitted to distribute, dispense, conduct research with

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respect to or to administer a controlled substance in the course of professional practice or research

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in this state.

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     (ii) A pharmacy, hospital, or other institution licensed, registered or permitted to

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distribute, dispense, conduct research with respect to, or to administer a controlled substance in

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the course of professional practice or research in this state.

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     (38) "Printout" means a hard copy produced by computer that is readable without the aid

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of any special device.

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     (39) "Production" includes the manufacture, planting, cultivation, growing, or harvesting

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of a controlled substance.

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     (40) "Researcher" means a person authorized by the director of health to conduct a

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laboratory as defined in this chapter.

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     (41) "Sell" includes sale, barter, gift, transfer, or delivery in any manner to another, or to

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offer or agree to do the same.

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     (42) "Software" means programs, procedures and storage of required information data.

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     (43) “Synthetic drugs” means any synthetic cannabinoids or piperazines or any synthetic

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cathinones as provided for in schedule I.

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     (44)(43) "Ultimate user" means a person who lawfully possesses a controlled substance

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for his or her own use or for the use of a member of his or her household, or for administering to

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an animal owned by him or her or by a member of his or her household.

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      (45)(44) "Wholesaler" means a person who sells, vends, or distributes at wholesale, or as

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a jobber, broker agent, or distributor, or for resale in any manner in this state any controlled

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substance.

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     21-28-2.08. Contents of schedules. -- Schedule I

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      (a) Schedule I shall consist of the drugs and other substances, by whatever official name,

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common or usual name, chemical name, or brand name designated, listed in this section.

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      (b) Opiates. - Unless specifically excepted or unless listed in another schedule, any of

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the following opiates, including its isomers, esters, ethers, salts, and salts of isomers, esters, and

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ethers whenever the existence of the isomers, esters, ethers, and salts is possible within the

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specific chemical designation:

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      (1) Acetylmethadol

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      (2) Allylprodine

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      (3) Alphacetylmethadol

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      (4) Alphameprodine

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      (5) Alphamethadol

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      (6) Benzethidine

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      (7) Betacetylmethadol

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      (8) Betameprodine

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      (9) Betamethadol

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      (10) Betaprodine

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      (11) Clonitazene

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      (12) Dextromoramide

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      (13) Difenoxin

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      (14) Diampromide

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      (15) Diethylthiambutene

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      (16) Dimenoxadol

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      (17) Dimepheptanol

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      (18) Dimethylthiambutene

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      (19) Dioxaphetyl butyrate

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      (20) Dipipanone

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      (21) Ethylmethylthiambutene

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      (22) Etonitazene

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      (23) Extoxerdine

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      (24) Furethidine

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      (25) Hydroxypethidine

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      (26) Ketobemidone

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      (27) Levomoramide

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      (28) Levophenacylmorphan

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      (29) Morpheridine

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      (30) Noracymethadol

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      (31) Norlevorphanol

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      (32) Normethadone

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      (33) Norpipanone

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      (34) Phenadoxone

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      (35) Phenampromide

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      (36) Phenomorphan

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      (37) Phenoperidine

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      (38) Piritramide

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      (39) Proheptazine

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      (40) Properidine

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      (41) Propiram

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      (42) Racemoramide

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      (43) Trimeperidone

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      (44) Tilidine

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      (45) Alpha-methylfentanyl

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      (46) Beta-hydroxy-3-methylfentanyl other names:

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      N-[1-(2hydroxy-2-phenethyl)-3-methyl-4piperidingyl] Nphenylpropanamide

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      (c) Opium Derivatives. - Unless specifically excepted or unless listed in another

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schedule, any of the following opium derivatives, its salts, isomers, and salts of isomers whenever

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the existence of the salts, isomers, and salts of isomers is possible within the specific chemical

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designation:

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      (1) Acetorphine

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      (2) Acetyldihydrocodeine

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      (3) Benzylmorphine

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      (4) Codeine methylbromide

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      (5) Codeine-N-Oxide

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      (6) Cyprenorphine

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      (7) Desomorphine

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      (8) Dihydromorphine

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      (9) Etorphine (Except hydrochloride salt)

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      (10) Heroin

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      (11) Hydromorphinol

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      (12) Methyldesorphine

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      (13) Methylihydromorphine

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      (14) Morphine methylbromide

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      (15) Morphine methylsulfonate

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      (16) Morphine-N-Oxide

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      (17) Myrophine

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      (18) Nococodeine

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      (19) Nicomorphine

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      (20) Normorphine

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      (21) Pholcodine

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      (22) Thebacon

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      (23) Drotebanol

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      (d) Hallucinogenic Substances. - Unless specifically excepted or unless listed in another

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schedule, any material, compound, mixture, or preparation, which contains any quantity of the

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following hallucinogenic substances, or which contains any of its salts, isomers, and salts of

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isomers whenever the existence of the salts, isomers, and salts of isomers is possible within the

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specific chemical designation (for purposes of this subsection only, the term "isomer" includes

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the optical, position, and geometric isomers):

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      (1) 3, 4-methylenedioxy amphetamine

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      (2) 5-methoxy-3, 4-methylenedioxy amphetamine

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      (3) 3, 4, 5-trimethoxy amphetamine

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      (4) Bufotenine

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      (5) Diethyltryptamine

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      (6) Dimethyltryptamine

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      (7) 4-methyl 2, 5-dimethoxyamphetamine

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      (8) Ibogaine

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      (9) Lysergic acid diethylamide

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      (10) Marihuana

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      (11) Mescaline

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      (12) Peyote. Meaning all parts of the plant presently classified botanically as

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Lophophora Williamsii Lemair whether growing or not; the seeds of the plant; any extract from

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any part of the plant; and any compound, manufacture, salt, derivative, mixture, or preparation of

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the plant, its seeds or extracts.

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      (13) N-ethyl-3-piperidyl benzilate

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      (14) N-methyl-3-piperidyl benzilate

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      (15) Psilocybin

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      (16) Psilocyn

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      (17) Tetrahydrocannabinols. Synthetic equivalents of the substances contained in the

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plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and

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their isomers with similar chemical structure and pharmacological activity such as the following:

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delta 1 cis or trans tetrahydrocannabinol, and their optical isomers. Delta 6 cis or trans

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tetrahydrocannabinol and their optical isomers. Delta 3, 4 cis or trans tetrahydrocannabinol and

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its optical isomer. (Since nomenclature of these substances is not internationally standardized,

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compounds of these structures, regardless of numerical designation of atomic positions covered).

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      (18) Thiophene analog of phencyclidine. 1-(1-(2 thienyl) cyclo-hexyl) pipiridine: 2-

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Thienyl analog of phencyclidine: TPCP

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      (19) 2,5 dimethoxyamphetamine

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      (20) 4-bromo-2,5-dimethoxyamphetamine, 4-bromo-2,5-dimethoxy-alpha-

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methylphenethyamine: 4-bromo-2,5-DMA

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      (21) 4-methoxyamphetamine-4-methoxy-alpha-methylphenethylaimine:

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paramethoxyamphetamine: PMA

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      (22) Ethylamine analog of phencyclidine. N-ethyl-1- phenylcyclohexylamine, (1-

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phenylcyclohexyl) ethylamine, N-(1-phenylcyclophexyl) ethylamine, cyclohexamine, PCE

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      (23) Pyrrolidine analog of phencyclidine. 1-(1-phencyclohexyl)- pyrrolidine PCPy, PHP

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      (24) Parahexyl; some trade or other names: 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-

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6,6,9-trimethyl-6H-dibenz o (b,d) pyran: Synhexyl.

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      (e) Depressants. - Unless specifically excepted or unless listed in another schedule, any

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material, compound, mixture, or preparation which contains any quantity of the following

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substances having a depressant effect on the central nervous system, including its salts, isomers,

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and salts of isomers whenever the existence of the salts, isomers, and salts of isomers is possible

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within the specific chemical designation:

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      (1) Mecloqualone.

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      (2) Methaqualone.

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      (3) 3-methyl fentanyl (n-( ethyl-1(2-phenylethyl)-4-piperidyl)-N-phenylpropanamide.

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      (4) 3,4-methyl-enedioxymethamphetamine (MDMA), its optical, positional and

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geometric isomers, salts, and salts of isomers.

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      (5) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP), its optical isomers, salts and

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salts of isomers.

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      (6) 1-(2-phenylethyl)-4-phenyl-4-acetyloxypiperidine (PEPAP), its optical isomers, salts

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and salts of isomers.

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      (7) N-(1-(1-methyl-2-phenyl)ethyl-4-piperidyl)-N-phenyl-acetamide (acetyl-alpha-

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methylfentanyl), its optical isomers, salts and salts of isomers.

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      (8) N-(1-(1-methyl-2(2-thienyl)ethyl-4-piperidyl)-N-phenylpropanami de (alpha-

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methylthiofentanyl), its optical isomers, salts and salts of isomers.

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      (9) N-(1-benzyl-piperidyl)-N-phenylpropanamide (benzyl-fentanyl), its optical isomers,

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salts and salts of isomers.

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      (10) N-(1-(2-hydroxy-2-phenyl)ethyl-4-piperidyl)-N-phenyl-propanamid e (beta-

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hydroxyfentanyl), its optical isomers, salts and salts of isomers.

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      (11) N-(3-methyl-1(2-hydroxy-2-phenyl)ethyl-4-piperidyl)-N-phenylpro panamide (beta-

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hydroxy-3-methylfentanyl), its optical and geometric isomers, salts and salts of isomers.

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      (12) N-(3-methyl)-1-(2-(2-thienyl)ethyl-4-piperidyl)-N-phenylpro- panamide (3-

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methylthiofentanyl), its optical and geometric isomers, salts and salts of isomers.

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      (13) N-(1-2-thienyl)methyl-4-piperidyl)-N-phenylpropanamide (thenylfentanyl), its

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optical isomers, salts and salts of isomers.

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      (14) N-(1-(2(2-thienyl)ethyl-4-piperidyl-N-phenylpropanamide (thiofentanyl), its optical

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isomers, salts and salts of isomers.

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      (15) N-[1-(2-phenylethyl)-4-piperidyl]N-(4-fluorophenyl)-propanamid e (para-

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fluorofentanyl), its optical isomers, salts and salts of isomers.

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      (16) Gamma hydroxybutyrate, HOOC-CH2-CH2-CH2OH, its optical, position, or

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geometric isomers, salts and salts of isomers.

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      (f) Stimulants. - Unless specifically excepted or unless listed in another schedule, any

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material, compound, mixture, or preparation which contains any quantity of the following

11-52

substances having a stimulant effect on the central nervous system, including its salts, isomers,

11-53

and salts of isomers:

11-54

      (1) Fenethylline

11-55

      (2) N-ethylamphetamine

11-56

      (3) 4-methyl-N-methylcathinone (Other name: mephedrone)

11-57

      (4) 3,4-methylenedioxy-N-methlycathinone (Other name: methylone)

11-58

      (5) 3,4-methylenedioxypyrovalerone (Other name: MDPV)

11-59

      (g) Any material, compound, mixture or preparation which contains any quantity of the

11-60

following substances:

11-61

      (1) 5-(1,1-Dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]phenol (CP-47,497)

11-62

      (2) 5-(1,1-Dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]phenol

11-63

(cannabicyclohexanol and CP-47,497 c8 homologue)

11-64

      (3) 1-Butyl-3-(1 naphthoyl)indole, (JWH-073)

11-65

      (4) 1-[2-(4-Morpholinyl)ethyl]3-(1-naphthoyl)indole (JWH-200)

11-66

      (5) 1-Pentyl-3-(1-napthoyl)indole, (JWH-018 and AM678)

11-67

     (h) Synthetic cannabinoids or piperazines. Unless specifically excepted, any chemical

11-68

compound which is not approved by the United States Food and Drug Administration or, if

12-1

approved, which is not dispensed or possessed in accordance with state and federal law, that

12-2

contains Benzylpiperazine (BZP); Trifluoromethylphenylpiperazine (TFMPP); 1,1-

12-3

Dimethylheptyl-11-hydroxytetrahydrocannabinol (HU-210); 1-Butyl-3-(1-naphthoyl)indole; 1-

12-4

Pentyl-3-(1-naphthoyl)indole; dexanabinol (HU-211); or any compound in the following

12-5

structural classes:

12-6

     (1) Naphthoylindoles: Any compound containing a 3-(1-naphthoyl)indole structure with

12-7

substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,

12-8

cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl

12-9

group, whether or not further substituted in the indole ring to any extent and whether or not

12-10

substituted in the naphthyl ring to any extent. Examples of this structural class include, but are not

12-11

limited, to JWH-015, JWH-018, JWH-019, JWH-073, JWH-081, JWH-122, JWH-200, and AM-

12-12

2201;

12-13

     (2) Phenylacetylindoles: Any compound containing a 3-phenylacetylindole structure with

12-14

substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,

12-15

cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl

12-16

group whether or not further substituted in the indole ring to any extent and whether or not

12-17

substituted in the phenyl ring to any extent. Examples of this structural class include, but are not

12-18

limited to, JWH-167, JWH-250, JWH-251, and RCS-8;

12-19

     (3) Benzoylindoles: Any compound containing a 3-(benzoyl)indole structure with

12-20

substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,

12-21

cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl

12-22

group whether or not further substituted in the indole ring to any extent and whether or not

12-23

substituted in the phenyl ring to any extent. Examples of this structural class include, but are not

12-24

limited, to AM-630, AM-2233, AM-694, Pravadoline (WIN 48,098), and RCS-4;

12-25

     (4) Cyclohexylphenols: Any compound containing a 2-(3-hydroxycyclohexyl)phenol

12-26

structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl,

12-27

cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl

12-28

group whether or not substituted in the cyclohexyl ring to any extent. Examples of this structural

12-29

class include, but are not limited to, CP 47,497 and its C8 homologue (cannabicyclohexanol);

12-30

     (5) Naphthylmethylindoles: Any compound containing a 1H-indol-3-yl-(1-

12-31

naphthyl)methane structure with substitution at the nitrogen atom of the indole ring by an alkyl,

12-32

haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-

12-33

morpholinyl)ethyl group whether or not further substituted in the indole ring to any extent and

12-34

whether or not substituted in the naphthyl ring to any extent. Examples of this structural class

13-1

include, but are not limited to, JWH-175, JWH-184, and JWH-185;

13-2

     (6) Naphthoylpyrroles: Any compound containing a 3-(1-naphthoyl)pyrrole structure

13-3

with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, alkenyl,

13-4

cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl

13-5

group whether or not further substituted in the pyrrole ring to any extent and whether or not

13-6

substituted in the naphthyl ring to any extent. Examples of this structural class include, but are not

13-7

limited, to JWH-030, JWH-145, JWH-146, JWH-307, and JWH-368;

13-8

     (7) Naphthylmethylindenes: Any compound containing a 1-(1-naphthylmethyl)indene

13-9

structure with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl,

13-10

cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl

13-11

group whether or not further substituted in the indene ring to any extent and whether or not

13-12

substituted in the naphthyl ring to any extent. Examples of this structural class include, but are not

13-13

limited to, JWH-176; or

13-14

     (8) Any other synthetic cannabinoid or piperazine which is not approved by the United

13-15

States Food and Drug Administration or, if approved, which is not dispensed or possessed in

13-16

accordance with state and federal law;

13-17

     (i) Synthetic cathinones. Unless specifically excepted, any chemical compound which is

13-18

not approved by the United States Food and Drug Administration or, if approved, which is not

13-19

dispensed or possessed in accordance with state and federal law, not including bupropion,

13-20

structurally derived from 2-aminopropan-1-one by substitution at the 1-position with either

13-21

phenyl, naphthyl, or thiophene ring systems, whether or not the compound is further modified in

13-22

one or more of the following ways:

13-23

     (1) By substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy,

13-24

haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring system

13-25

by one or more other univalent substituents. Examples of this class include, but are not limited to,

13-26

3,4-Methylenedioxycathinone (bk-MDA);

13-27

     (2) By substitution at the 3-position with an acyclic alkyl substituent. Examples of this

13-28

class include, but are not limited to, 2-methylamino-1-phenylbutan-1-one (buphedrone);

13-29

     (3) By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or

13-30

methoxybenzyl groups, or by inclusion of the 2-amino nitrogen atom in a cyclic structure.

13-31

Examples of this class include, but are not limited to, Dimethylcathinone, Ethcathinone, and ?-

13-32

Pyrrolidinopropiophenone (?-PPP); or

13-33

     (4) Any other synthetic cathinone which is not approved by the United States Food and

13-34

Drug Administration or, if approved, is not dispensed or possessed in accordance with state or

14-1

federal law;

14-2

     Schedule II

14-3

      (a) Schedule II shall consist of the drugs and other substances, by whatever official

14-4

name, common or usual name, chemical name, or brand name designated, listed in this section.

14-5

      (b) Substances, vegetable origin or chemical synthesis. - Unless specifically excepted or

14-6

unless listed in another schedule, any of the following substances whether produced directly or

14-7

indirectly by extraction from substances of vegetable origin, or independently by means of

14-8

chemical synthesis, or by a combination of extraction and chemical synthesis:

14-9

      (1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or

14-10

opiate excluding naloxone and its salts, and excluding naltrexone and its salts, but including the

14-11

following:

14-12

      (i) Raw opium

14-13

      (ii) Opium extracts

14-14

      (iii) Opium fluid extracts

14-15

      (iv) Powdered opium

14-16

      (v) Granulated opium

14-17

      (vi) Tincture of opium

14-18

      (vii) Etorphine hydrochloride

14-19

      (viii) Codeine

14-20

      (ix) Ethylmorphine

14-21

      (x) Hydrocodone

14-22

      (xi) Hydromorphone

14-23

      (xii) Metopon

14-24

      (xiii) Morphine

14-25

      (xiv) Oxycodone

14-26

      (xv) Oxymorphone

14-27

      (xvi) Thebaine

14-28

      (2) Any salt, compound, derivative, or preparation which is chemically equivalent or

14-29

identical with any of the substances referred to in subdivision (1) of this subsection, except that

14-30

these substances shall not include the isoquinoline alkaloids of opium.

14-31

      (3) Opium poppy and poppy straw.

14-32

      (4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and

14-33

any salt, compound, derivative, or preparation which is chemically equivalent or identical with

14-34

any of these substances, except that the substances shall not include decocainized coca leaves or

15-1

extraction of coca leaves, which extractions do not contain cocaine or ecgonine.

15-2

      (5) Concentrate of poppy straw (the crude extract of poppy straw in liquid, solid, or

15-3

powder form which contains the phenanthrine alkaloids of the opium poppy).

15-4

      (c) Opiates. - Unless specifically excepted or unless listed in another schedule any of the

15-5

following opiates, including its isomers, esters, ethers, salts; and salts of isomers, esters and,

15-6

ethers whenever the existence of the isomers, esters, ethers, and salts is possible within the

15-7

specific chemical designation:

15-8

      (1) Alphaprodine

15-9

      (2) Anileridine

15-10

      (3) Bezitramide

15-11

      (4) Dihydrocodeine

15-12

      (5) Diphenoxylate

15-13

      (6) Fentanyl

15-14

      (7) Isomethadone

15-15

      (8) Levomethorphan

15-16

      (9) Levorphanol

15-17

      (10) Metazocine

15-18

      (11) Methadone

15-19

      (12) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane

15-20

      (13) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic

15-21

acid

15-22

      (14) Pethidine

15-23

      (15) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine

15-24

      (16) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate

15-25

      (17) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid

15-26

      (18) Phenaxocine

15-27

      (19) Piminodine

15-28

      (20) Racemethorphan

15-29

      (21) Racemorphan

15-30

      (22) Bulk Dextropropoxyphene (non-dosage forms)

15-31

      (23) Suffentanil

15-32

      (24) Alfentanil

15-33

      (25) Levoalphacetylmethadol

16-34

      (d) Stimulants. - Unless specifically excepted or unless listed in another schedule, any

16-35

material, compound, mixture, or preparation which contains any quantity of the following

16-36

substances having a stimulant effect on the central nervous system:

16-37

      (1) Amphetamine, its salts, optical isomers, and salts of its optical isomers.

16-38

      (2) Methamphetamine, its salts and salts of its isomers.

16-39

      (3) Phenmetrazine and its salts.

16-40

      (4) Methylphenidate.

16-41

      (e) Depressants. - Unless specifically excepted or unless listed in another schedule, any

16-42

material, compound, mixture, or preparation which contains any quantity of the following

16-43

substances having a depressant effect on the central nervous system, including its salts, isomers,

16-44

and salts of isomers whenever the existence of the salts, isomers, and salts of isomers is possible

16-45

within the specific chemical designation:

16-46

      (1) Amobarbital

16-47

      (2) Glutethimide

16-48

      (3) Methyprylon

16-49

      (4) Pentobarbital

16-50

      (5) Phencyclidine

16-51

      (6) Secobarbital

16-52

      (7) Phencyclidine immediate precursors:

16-53

      (i) 1-phencyclohexylamine

16-54

      (ii) 1-piperidinocyclohexane-carbonitrile (PCC)

16-55

      (8) Immediate precursor to amphetamine and methamphetamine: Phenylacetone. Some

16-56

other names: phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzone ketone.

16-57

      Schedule III

16-58

      (a) Unless specifically excepted or unless listed in another schedule, any material,

16-59

compound, mixture, or preparation which contains any quantity of the following substances

16-60

having a depressant effect on the central nervous system:

16-61

      (1) Any substance which contains any quantity of a derivative of barbituric acid, or any

16-62

salt of a derivative of barbituric acid.

16-63

      (2) Chlorhexadol

16-64

      (3) Lysergic acid

16-65

      (4) Lysergic acid amide

16-66

      (5) Sulfondiethylmethane

16-67

      (6) Sulfonethylmethane

17-68

      (7) Sylfonmethane

17-69

      (8) Any compound, mixture, or preparation containing amobarbital, secobarbital,

17-70

pentobarbital, or any salt of them and one or more other active medicinal ingredients which are

17-71

not listed in any schedule.

17-72

      (9) Any suppository dosage form containing amobarbital, secobarbital, pentobarbital or

17-73

any salt of any of these drugs and approved by the Food and Drug Administration for marketing

17-74

only as a suppository.

17-75

      (10) Ketamine, its salts, isomers and salts of isomers. (Some other names for ketamine:

17-76

(+)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone).

17-77

      (b) Unless specifically excepted or unless listed in another schedule, any material,

17-78

compound, mixture, or preparation containing limited quantities of any of the following narcotic

17-79

drugs, or any salts of them:

17-80

      (1) Not more than one and eight tenths grams (1.8 gms.) of codeine per one hundred

17-81

milliliters (100 mls.) or not more than ninety milligrams (90 mgs.) per dosage unit, with an equal

17-82

or greater quantity of an isoquinoline alkaloid of opium.

17-83

      (2) Not more than one and eight tenths grams (1.8 gms.) of codeine per one hundred

17-84

milliliters (100 mls.) or not more than ninety milligrams (90 mgs.) per dosage unit, with one or

17-85

more active, nonnarcotic ingredients in recognized therapeutic amounts.

17-86

      (3) Not more than three hundred milligrams (300 mgs.) of dihydrocodeinone per one

17-87

hundred milliliters (100 mls.) or not more than fifteen milligrams (15 mgs.) per dosage unit, with

17-88

a fourfold or greater quantity of an isoquinoline alkaloid of opium.

17-89

      (4) Not more than three hundred milligrams (300 mgs.) of dihydrocodeinone per one

17-90

hundred milliliters (100 mls.) or not more than fifteen milligrams (15 mgs.) per dosage unit, with

17-91

one or more active nonnarcotic ingredients in recognized therapeutic amounts.

17-92

      (5) Not more than one and eight tenths grams (1.8 gms.) of dihydrocodeine per one

17-93

hundred milliliters (100 mls.) or not more than ninety milligrams (90 mgs.) per dosage unit, with

17-94

one or more active nonnarcotic ingredients in recognized therapeutic amounts.

17-95

      (6) Not more than three hundred milligrams (300 mgs.) of ethylmorphine per one

17-96

hundred milliliters (100 mls.) or not more than fifteen milligrams (15 mgs.) per dosage unit, with

17-97

one or more active nonnarcotic ingredients in recognized therapeutic amounts.

17-98

      (7) Not more than five hundred milligrams (500 mgs.) of opium per one hundred

17-99

milliliters (100 mls.) or per one hundred grams (100 gms.) or not more than twenty-five

17-100

milligrams (25 mgs.) per dosage unit, with one or more active nonnarcotic ingredients in

17-101

recognized therapeutic amounts.

18-102

      (8) Not more than fifty milligrams (50 mgs.) of morphine per one hundred milliliters

18-103

(100 mls.) per one hundred grams (100 gms.) with one or more active, nonnarcotic ingredients in

18-104

recognized therapeutic amounts.

18-105

      (c) Stimulants. - Unless specifically excepted or listed in another schedule, any material,

18-106

compound, mixture, or preparation which contains any quantity of the following substances

18-107

having a stimulant effect on the central nervous system, including its salts, isomers, and salts of

18-108

the isomers whenever the existence of the salts of isomers is possible within the specific chemical

18-109

designation:

18-110

      (1) Benzphetamine

18-111

      (2) Chlorphentermine

18-112

      (3) Clortermine

18-113

      (4) Mazindol

18-114

      (5) Phendimetrazine

18-115

      (d) Steroids and hormones. - Anabolic steroids (AS) or human growth hormone (HGH),

18-116

excluding those compounds, mixtures, or preparations containing an anabolic steroid that because

18-117

of its concentration, preparation, mixture or delivery system, has no significant potential for

18-118

abuse, as published in 21 CFR 1308.34, including, but not limited to, the following:

18-119

      (1) Chlorionic gonadotropin

18-120

      (2) Clostebol

18-121

      (3) Dehydrochlormethyltestosterone

18-122

      (4) Ethylestrenol

18-123

      (5) Fluoxymesterone

18-124

      (6) Mesterolone

18-125

      (7) Metenolone

18-126

      (8) Methandienone

18-127

      (9) Methandrostenolone

18-128

      (10) Methyltestosterone

18-129

      (11) Nandrolone decanoate

18-130

      (12) Nandrolone phenpropionate

18-131

      (13) Norethandrolone

18-132

      (14) Oxandrolone

18-133

      (15) Oxymesterone

18-134

      (16) Oxymetholone

18-135

      (17) Stanozolol

19-136

      (18) Testosterone propionate

19-137

      (19) Testosterone-like related compounds

19-138

      (20) Human Growth Hormone (HGH)

19-139

      (e) Hallucinogenic substances.

19-140

      (1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in

19-141

U.S. Food and Drug Administration approved drug product. (Some other names for dronabinol:

19-142

(6aR-trans)-6a, 7, 8, 10a- tetrahydro-6, 6, 9- trimethyl-3-pentyl-6H- dibenzo[b,d]yra n-1-ol,or(-)-

19-143

delta-9(trans)-tetrahydrocannabinol.)

19-144

      Schedule IV

19-145

      (1) Barbital.

19-146

      (2) Chloral betaine

19-147

      (3) Chloral hydrate

19-148

      (4) Ethchrovynol

19-149

      (5) Ethinamate

19-150

      (6) Methohexital

19-151

      (7) Meprobamate

19-152

      (8) Methylphenobarbital

19-153

      (9) Paraldehyde

19-154

      (10) Petrichloral

19-155

      (11) Phenobarbital

19-156

      (12) Fenfluramine

19-157

      (13) Diethylpropion

19-158

      (14) Phentermine

19-159

      (15) Pemoline (including organometallic complexes and chelates thereof).

19-160

      (16) Chlordiazepoxide

19-161

      (17) Clonazepam

19-162

      (18) Clorazepate

19-163

      (19) Diazepam

19-164

      (20) Flurazepam

19-165

      (21) Mebutamate

19-166

      (22) Oxazepam

19-167

      (23) Unless specifically excepted or unless listed in another schedule, any material,

19-168

compound, mixture, or preparation which contains any quantity of the following substances,

19-169

including its salts:

20-170

      Dextropropoxyphene(alpha-(+)-4-dimethylamino-1,2-diphenyl-3- methyl-2-

20-171

propronoxybutane).

20-172

      (24) Prazepam

20-173

      (25) Lorazepam

20-174

      (26) Not more than one milligram (1 mg.) of difenoxin and not less than twenty-five (25)

20-175

micrograms of atropine sulfate per dosage unit.

20-176

      (27) Pentazocine

20-177

      (28) Pipradrol

20-178

      (29) SPA (-)-1-dimethylamino-1, 2-diphenylethane

20-179

      (30) Temazepam

20-180

      (31) Halazepam

20-181

      (32) Alprazolam

20-182

      (33) Bromazepam

20-183

      (34) Camazepam

20-184

      (35) Clobazam

20-185

      (36) Clotiazepam

20-186

      (37) Cloxazolam

20-187

      (38) Delorazepam

20-188

      (39) Estazolam

20-189

      (40) Ethyl Ioflazepate

20-190

      (41) Fludizaepam

20-191

      (42) Flunitrazepam

20-192

      (43) Haloxazolam

20-193

      (44) Ketazolam

20-194

      (45) Loprazolam

20-195

      (46) Lormetazepam

20-196

      (47) Medazepam

20-197

      (48) Nimetazepam

20-198

      (49) Nitrazepam

20-199

      (50) Nordiazepam

20-200

      (51) Oxazolam

20-201

      (52) Pinazepam

20-202

      (53) Tetrazepam

20-203

      (54) Mazindol

21-204

      (55) Triazolam

21-205

      (56) Midazolam

21-206

      (57) Quazepam

21-207

      (58) Butorphanol

21-208

      (59) Sibutramine

21-209

      Schedule V

21-210

      (a) Any compound, mixture, or preparation containing any of the following limited

21-211

quantities of narcotic drugs, which shall include one or more non-narcotic active medicinal

21-212

ingredients in sufficient proportion to confer upon the compound, mixture, or preparation

21-213

valuable medicinal qualities other than those possessed by the narcotic drug alone:

21-214

      (1) Not more than two hundred milligrams (200 mgs.) of codeine per 100 milliliters (100

21-215

mls.) or per one hundred grams (100 gms.).

21-216

      (2) Not more than one hundred milligrams (100 mgs.) of dihydrocodeine per 100

21-217

milliliters (100 mls.) or per one hundred grams (100 gms.).

21-218

      (3) Not more than one hundred milligrams (100 mgs.) of ethylmorphine per 100

21-219

milliliters (100 mls.) or per one hundred grams (100 gms.).

21-220

      (4) Not more than two and five tenths milligrams (2.5 mgs.) of diphenixylate and not less

21-221

than twenty-five (25) micrograms of atropine sulfate per dosage unit.

21-222

      (5) Not more than one hundred milligrams (100 mgs.) of opium per one hundred

21-223

milliliters (100 mls.) or per one hundred grams (100 gms.).

21-224

      (b) Not more than five tenths milligrams (0.5 mgs.) of difenoxin and not less than

21-225

twenty-five (25) micrograms of atropine sulfate per dosage unit.

21-226

      (c) Buprenorphine

21-227

      (d) Unless specifically exempted or excluded or unless listed in another schedule, any

21-228

material, compound, mixture, or preparation which contains any quantity of the following

21-229

substances having a stimulant effect on the central nervous system, including its salts, isomers

21-230

and salts of isomers:

21-231

      (1) Propylhexedrine (except as benzedrex inhaler)

21-232

      (2) Pyrovalerone.

21-233

     SECTION 2. This act shall take effect upon passage.

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LC01023/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO FOOD AND DRUGS - UNIFORM CONTROLLED SUBSTANCES ACT

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22-1

     This act would add the chemical classes of synthetic cannaboids and synthetic cathinones

22-2

to Schedule I.

22-3

     This act would take effect upon passage.

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LC01023/SUB A

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