Chapter 326
2013 -- H 5325 SUBSTITUTE A
Enacted 07/15/13
A N A C T
RELATING TO FOOD
AND DRUGS - UNIFORM CONTROLLED SUBSTANCES ACT
Introduced By: Representatives McNamara, Corvese, Cimini, Bennett, and Silva
Date Introduced: February 07, 2013
It is enacted by the
General Assembly as follows:
SECTION 1. Sections 21-28-1.02 and 21-28-2.08 of the General
Laws in Chapter 21-28
entitled "Uniform Controlled Substances Act" are
hereby amended to read as follows:
21-28-1.02.
Definitions. -- Unless the context otherwise
requires, the words and phrases
as defined in this section are used in this chapter in
the sense given them in the following
definitions:
(1)
"Administer" refers to the direct application of controlled
substances to the body of a
patient or research subject by:
(i)
A practitioner, or, in his or her presence by his or her authorized agent; or
(ii) The patient or
research subject at the direction and in the presence of the practitioner
whether the application is by injection, inhalation,
ingestion, or any other means.
(2) "Agent"
means an authorized person who acts on behalf of or at the direction of a
manufacturer, wholesaler, distributor, or dispenser; except that
these terms do not include a
common or contract carrier or warehouse operator, when
acting in the usual and lawful course of
the carrier's or warehouse operator's business.
(3)
"Apothecary" means a registered pharmacist as defined by the laws of
this state and,
where the context requires, the owner of a licensed
pharmacy or other place of business where
controlled substances are compounded or dispensed by a
registered pharmacist; and includes
registered assistant pharmacists as defined by existing law, but
nothing in this chapter shall be
construed as conferring on a person who is not registered as a
pharmacist any authority, right, or
privilege that is not granted to him or her by the pharmacy
laws of the state.
(4) "Automated data
processing system" means a system utilizing computer software and
hardware for the purposes of record keeping.
(5) "Computer"
means programmable electronic device capable of multi-functions,
including, but not limited to, storage, retrieval, and
processing of information.
(6) "Control"
means to add a drug or other substance or immediate precursor to a
schedule under this chapter, whether by transfer from another
schedule or otherwise.
(7) "Controlled
substance" means a drug, substance, or immediate precursor, or
synthetic
drug in schedules I -- V of this chapter. The term shall
not include distilled spirits, wine, or malt
beverages, as those terms are defined or used in chapter 1 of
title 3, nor tobacco.
(8) "Counterfeit
substance" means a controlled substance which, or the container or
labeling of which, without authorization bears the trademark,
trade name, or other identifying
mark, imprint, number, or device, or any likeness of them,
of a manufacturer, distributor, or
dispenser, other than the person or persons who in fact
manufactured, distributed, or dispensed
the substance and which thereby falsely purports or is
represented to be the product of, or to have
been distributed by, the other manufacturer, distributor,
or dispenser, or which substance is
falsely purported to be or represented to be one of the
controlled substances by a manufacturer,
distributor, or dispenser.
(9) "CRT"
means cathode ray tube used to impose visual information on a screen.
(10) "Deliver"
or "delivery" means the actual, constructive, or attempted transfer
of a
controlled substance or imitation controlled substance, whether
or not there exists an agency
relationship.
(11)
"Department" means the department of health of this state.
(12) "Depressant or
stimulant drug" means:
(i)
A drug which contains any quantity of:
(A) Barbituric
acid or derivatives, compounds, mixtures, or preparations of barbituric
acid; and
(B)
"Barbiturate" or "barbiturates" includes all hypnotic
and/or somnifacient drugs,
whether or not derivatives of barbituric
acid, except that this definition shall not include bromides
and narcotics.
(ii) A drug which
contains any quantity of:
(A) Amphetamine or any
of its optical isomers;
(B) Any salt of amphetamine
and/or desoxyephedrine or any salt of an optical
isomer of
amphetamine and/or desoxyephedrine, or
any compound, mixture, or preparation of them.
(iii) A drug which
contains any quantity of coca leaves. "Coca leaves" includes cocaine,
or any compound, manufacture, salt, derivative, mixture,
or preparation of coca leaves, except
derivatives of coca leaves, which do not contain cocaine, ecgonine, or substance from which
cocaine or ecgonine may be
synthesized or made.
(iv)
Any other drug or substance which contains any quantity of a substance
which the
attorney general of the
have, or by regulation designates as having, a potential
for abuse because of its depressant or
stimulant effect on the central nervous system.
(13)
"Director" means the director of health.
(14)
"Dispense" means to deliver, distribute, leave with, give away, or
dispose of a
controlled substance to the ultimate user or human research subject
by or pursuant to the lawful
order of a practitioner, including the packaging, labeling,
or compounding necessary to prepare
the substance for that delivery.
(15)
"Dispenser" is a practitioner who delivers a controlled substance to
the ultimate user
or human research subject.
(16)
"Distribute" means to deliver (other than by administering or
dispensing) a
controlled substance or an imitation controlled substance and
includes actual constructive, or
attempted transfer. "Distributor" means a person who
so delivers a controlled substance or an
imitation controlled substance.
(17)
"Downtime" means that period of time when a computer is not operable.
(18) "Drug addicted
person" means a person who exhibits a maladaptive pattern of
behavior resulting from drug use, including one or more of the
following: impaired control over
drug use; compulsive use; and/or continued use despite
harm, and craving.
(19) "Drug
Enforcement Administration" means the Drug Enforcement Administration
United States Department of Justice
or its successor.
(20) "Federal
law" means the Comprehensive Drug Abuse Prevention and Control Act of
1970, (84 stat. 1236)(see
generally 21 U.S.C. section 801 et seq.), and all regulations pertaining to
that federal act.
(21)
"Hardware" means the fixed component parts of a computer.
(22)
"Hospital" means an institution as defined in chapter 17 of title 23.
(23) "Imitation
controlled substance" means a substance that is not a controlled
substance, which by dosage unit, appearance (including color,
shape, size, and markings), or by
representations made, would lead a reasonable person to believe that
the substance is a controlled
substance and, which imitation controlled substances contain
substances which if ingested, could
be injurious to the health of a person. In those cases
when the appearance of the dosage unit is not
reasonably sufficient to establish that the substance is an
"imitation controlled substance" (for
example in the case of powder or liquid), the court or
authority concerned should consider, in
addition to all other logically relevant factors, the
following factors as related to "representations
made" in determining whether the substance is an
"imitation controlled substance":
(i)
Statement made by an owner, possessor, transferor, recipient, or by anyone else
in
control of the substance concerning the nature of the
substance, or its use or effect.
(ii) Statements made by
the owner, possessor, or transferor, to the recipient that the
substance may be resold for substantial profit.
(iii) Whether the
substance is packaged in a manner reasonably similar to packaging of
illicit controlled substances.
(iv)
Whether the distribution or attempted distribution included an exchange
of or
demand for money or other property as consideration, and
whether the amount of the
consideration was substantially greater than the reasonable value
of the non-controlled substance.
(24) "Immediate
precursor" means a substance:
(i)
Which the director of health has found to be and by regulation designated as
being the
principal compound used, or produced primarily for use, in the
manufacture of a controlled
substance;
(ii) Which is an
immediate chemical intermediary used or likely to be used in the
manufacture of those controlled substances; and
(iii) The control of
which is necessary to prevent, curtail, or limit the manufacture of that
controlled substance.
(25)
"Laboratory" means a laboratory approved by the department of health
as proper to
be entrusted with controlled substances and the use of
controlled substances for scientific and
medical purposes and for the purposes of instruction.
(26)
"Marijuana" means all parts of the plant cannabis sativa L., whether
growing or not;
the seeds of the plant; the resin extracted from any part
of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the
plant, its seeds or resin, but shall not
include the mature stalks of the plant, fiber produced from
the stalks, oil or cake made from the
seeds of the plant, any other compound, manufacture, salt,
derivative, mixture, or preparation of
mature stalks, (except the resin extracted from it), fiber,
oil or cake, or the sterilized seed from the
plant which is incapable of germination.
(27)
"Manufacture" means the production, preparation, propagation,
cultivation,
compounding, or processing of a drug or other substance,
including an imitation controlled
substance, either directly or indirectly or by extraction from
substances of natural origin, or
independently by means of chemical synthesis or by a combination of
extraction and chemical
synthesis and includes any packaging or repackaging of the
substance or labeling or relabeling of
its container in conformity with the general laws of this
state except by a practitioner as an
incident to his or her administration or dispensing of the
drug or substance in the course of his or
her professional practice.
(28) "Manufacturer"
means a person who manufactures but does not include an
apothecary who compounds controlled substances to be sold or
dispensed on prescriptions.
(29) "Narcotic
drug" means any of the following, whether produced directly or indirectly
by extraction from substances of vegetable origin, or
independently by means of chemical
synthesis or by a combination of extraction and chemical
synthesis:
(i)
Opium and opiates.
(ii) A compound,
manufacture, salt, derivative, or preparation of opium or opiates.
(iii) A substance (and
any compound, manufacture, salt, derivative, or preparation of it)
which is chemically identical with any of the substances
referred to in paragraphs (i) and (ii) of
this subdivision.
(iv)
Any other substance which the attorney general of the
successor, or the director of health, after investigation, has
found to have, and by regulation
designates as having, a potential for abuse similar to opium and
opiates.
(30) "Official
written order" means an order written on a form provided for that purpose
by the Drug Enforcement Administration under any laws of
the
for an official form, if order forms are authorized and
required by federal law, and if no order
form is provided then on an official form provided for
that purpose by the director of health.
(31) "Opiate"
means any substance having an addiction-forming or addiction-sustaining
liability similar to morphine or being capable of conversion
into a drug having addiction-forming
or addiction-sustaining liability.
(32) "Opium
poppy" means the plant of the species papaver somniferum L., except the
seeds of the plant.
(33) "Ounce"
means an avoirdupois ounce as applied to solids and semi-solids, and a
fluid ounce as applied to liquids.
(34) "Person"
means any corporation, association, partnership, or one or more
individuals.
(35) "Physical
dependence" means a state of adaptation that is manifested by a drug class
specific withdrawal syndrome that can be produced by abrupt
cessation, rapid dose reduction,
decreasing blood level of the drug, and/or administration of an
antagonist.
(36) "Poppy
straw" means all parts, except the seeds, of the opium poppy, after
mowing.
(37)
"Practitioner" means:
(i)
A physician, osteopath, dentist, chiropodist, veterinarian, scientific
investigator, or
other person licensed, registered or permitted to
distribute, dispense, conduct research with
respect to or to administer a controlled substance in the
course of professional practice or research
in this state.
(ii) A pharmacy,
hospital, or other institution licensed, registered or permitted to
distribute, dispense, conduct research with respect to, or to
administer a controlled substance in
the course of professional practice or research in this
state.
(38)
"Printout" means a hard copy produced by computer that is readable
without the aid
of any special device.
(39)
"Production" includes the manufacture, planting, cultivation,
growing, or harvesting
of a controlled substance.
(40)
"Researcher" means a person authorized by the director of health to
conduct a
laboratory as defined in this chapter.
(41) "Sell"
includes sale, barter, gift, transfer, or delivery in any manner to another, or
to
offer or agree to do the same.
(42)
"Software" means programs, procedures and storage of required
information data.
(43) “Synthetic
drugs” means any synthetic cannabinoids or piperazines or any synthetic
cathinones as provided for in schedule I.
(44)(43)
"Ultimate user" means a person who lawfully possesses a controlled
substance
for his or her own use or for the use of a member of his
or her household, or for administering to
an animal owned by him or her or by a member of his or
her household.
(45)(44)
"Wholesaler" means a person who sells, vends, or distributes at
wholesale, or as
a jobber, broker agent, or distributor, or for resale
in any manner in this state any controlled
substance.
21-28-2.08.
Contents of schedules. -- Schedule I
(a) Schedule I shall
consist of the drugs and other substances, by whatever official name,
common or usual name, chemical name, or brand name
designated, listed in this section.
(b) Opiates. - Unless
specifically excepted or unless listed in another schedule, any of
the following opiates, including its isomers, esters,
ethers, salts, and salts of isomers, esters, and
ethers whenever the existence of the isomers, esters,
ethers, and salts is possible within the
specific chemical designation:
(1) Acetylmethadol
(2) Allylprodine
(3) Alphacetylmethadol
(4) Alphameprodine
(5) Alphamethadol
(6) Benzethidine
(7) Betacetylmethadol
(8) Betameprodine
(9) Betamethadol
(10) Betaprodine
(11) Clonitazene
(12) Dextromoramide
(13) Difenoxin
(14) Diampromide
(15) Diethylthiambutene
(16) Dimenoxadol
(17) Dimepheptanol
(18) Dimethylthiambutene
(19) Dioxaphetyl butyrate
(20) Dipipanone
(21) Ethylmethylthiambutene
(22) Etonitazene
(23) Extoxerdine
(24) Furethidine
(25) Hydroxypethidine
(26) Ketobemidone
(27) Levomoramide
(28) Levophenacylmorphan
(29) Morpheridine
(30) Noracymethadol
(31) Norlevorphanol
(32) Normethadone
(33) Norpipanone
(34) Phenadoxone
(35) Phenampromide
(36) Phenomorphan
(37) Phenoperidine
(38) Piritramide
(39) Proheptazine
(40) Properidine
(41) Propiram
(42) Racemoramide
(43) Trimeperidone
(44) Tilidine
(45) Alpha-methylfentanyl
(46) Beta-hydroxy-3-methylfentanyl
other names:
N-[1-(2hydroxy-2-phenethyl)-3-methyl-4piperidingyl] Nphenylpropanamide
(c) Opium Derivatives.
- Unless specifically excepted or unless listed in another
schedule, any of the following opium derivatives, its salts,
isomers, and salts of isomers whenever
the existence of the salts, isomers, and salts of isomers
is possible within the specific chemical
designation:
(1) Acetorphine
(2) Acetyldihydrocodeine
(3) Benzylmorphine
(4) Codeine methylbromide
(5) Codeine-N-Oxide
(6) Cyprenorphine
(7) Desomorphine
(8) Dihydromorphine
(9) Etorphine
(Except hydrochloride salt)
(10) Heroin
(11) Hydromorphinol
(12) Methyldesorphine
(13) Methylihydromorphine
(14) Morphine methylbromide
(15) Morphine methylsulfonate
(16) Morphine-N-Oxide
(17) Myrophine
(18) Nococodeine
(19) Nicomorphine
(20) Normorphine
(21) Pholcodine
(22) Thebacon
(23) Drotebanol
(d) Hallucinogenic
Substances. - Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation,
which contains any quantity of the
following hallucinogenic substances, or which contains any of
its salts, isomers, and salts of
isomers whenever the existence of the salts, isomers, and
salts of isomers is possible within the
specific chemical designation (for purposes of this subsection
only, the term "isomer" includes
the optical, position, and geometric isomers):
(1) 3, 4-methylenedioxy
amphetamine
(2) 5-methoxy-3,
4-methylenedioxy amphetamine
(3) 3, 4, 5-trimethoxy
amphetamine
(4) Bufotenine
(5) Diethyltryptamine
(6) Dimethyltryptamine
(7) 4-methyl 2,
5-dimethoxyamphetamine
(8) Ibogaine
(9) Lysergic acid
diethylamide
(10) Marihuana
(11) Mescaline
(12) Peyote. Meaning
all parts of the plant presently classified botanically as
Lophophora Williamsii Lemair whether growing or not; the seeds of the plant; any
extract from
any part of the plant; and any compound, manufacture,
salt, derivative, mixture, or preparation of
the plant, its seeds or extracts.
(13)
N-ethyl-3-piperidyl benzilate
(14) N-methyl-3-piperidyl
benzilate
(15) Psilocybin
(16) Psilocyn
(17) Tetrahydrocannabinols. Synthetic equivalents of the
substances contained in the
plant, or in the resinous extractives of Cannabis, sp.
and/or synthetic substances, derivatives, and
their isomers with similar chemical structure and
pharmacological activity such as the following:
delta 1 cis or trans tetrahydrocannabinol, and their optical isomers. Delta 6 cis or trans
tetrahydrocannabinol and their optical isomers. Delta 3, 4 cis or trans tetrahydrocannabinol
and
its optical isomer. (Since nomenclature of these
substances is not internationally standardized,
compounds of these structures, regardless of numerical
designation of atomic positions covered).
(18) Thiophene analog of phencyclidine. 1-(1-(2 thienyl) cyclo-hexyl) pipiridine: 2-
Thienyl analog of phencyclidine: TPCP
(19) 2,5 dimethoxyamphetamine
(20) 4-bromo-2,5-dimethoxyamphetamine, 4-bromo-2,5-dimethoxy-alpha-
methylphenethyamine: 4-bromo-2,5-DMA
(21)
4-methoxyamphetamine-4-methoxy-alpha-methylphenethylaimine:
paramethoxyamphetamine: PMA
(22) Ethylamine analog
of phencyclidine. N-ethyl-1- phenylcyclohexylamine,
(1-
phenylcyclohexyl) ethylamine, N-(1-phenylcyclophexyl) ethylamine, cyclohexamine, PCE
(23) Pyrrolidine analog of phencyclidine. 1-(1-phencyclohexyl)- pyrrolidine PCPy,
PHP
(24) Parahexyl; some trade or other names: 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-
6,6,9-trimethyl-6H-dibenz o (b,d) pyran: Synhexyl.
(e) Depressants. -
Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any
quantity of the following
substances having a depressant effect on the central nervous
system, including its salts, isomers,
and salts of isomers whenever the existence of the salts,
isomers, and salts of isomers is possible
within the specific chemical designation:
(1) Mecloqualone.
(2) Methaqualone.
(3) 3-methyl fentanyl (n-( ethyl-1(2-phenylethyl)-4-piperidyl)-N-phenylpropanamide.
(4) 3,4-methyl-enedioxymethamphetamine
(MDMA), its optical, positional and
geometric isomers, salts, and salts of isomers.
(5)
1-methyl-4-phenyl-4-propionoxypiperidine (MPPP), its optical isomers, salts and
salts of isomers.
(6)
1-(2-phenylethyl)-4-phenyl-4-acetyloxypiperidine (PEPAP), its optical isomers,
salts
and salts of isomers.
(7)
N-(1-(1-methyl-2-phenyl)ethyl-4-piperidyl)-N-phenyl-acetamide (acetyl-alpha-
methylfentanyl), its optical isomers, salts and salts of isomers.
(8)
N-(1-(1-methyl-2(2-thienyl)ethyl-4-piperidyl)-N-phenylpropanami de (alpha-
methylthiofentanyl), its optical isomers, salts and salts of isomers.
(9)
N-(1-benzyl-piperidyl)-N-phenylpropanamide (benzyl-fentanyl), its optical isomers,
salts and salts of isomers.
(10)
N-(1-(2-hydroxy-2-phenyl)ethyl-4-piperidyl)-N-phenyl-propanamid e (beta-
hydroxyfentanyl), its optical isomers, salts and salts of isomers.
(11)
N-(3-methyl-1(2-hydroxy-2-phenyl)ethyl-4-piperidyl)-N-phenylpro panamide (beta-
hydroxy-3-methylfentanyl), its
optical and geometric isomers, salts and salts of isomers.
(12)
N-(3-methyl)-1-(2-(2-thienyl)ethyl-4-piperidyl)-N-phenylpro- panamide (3-
methylthiofentanyl), its optical and geometric isomers, salts and salts
of isomers.
(13) N-(1-2-thienyl)methyl-4-piperidyl)-N-phenylpropanamide
(thenylfentanyl), its
optical isomers, salts and salts of isomers.
(14) N-(1-(2(2-thienyl)ethyl-4-piperidyl-N-phenylpropanamide (thiofentanyl),
its optical
isomers, salts and salts of isomers.
(15)
N-[1-(2-phenylethyl)-4-piperidyl]N-(4-fluorophenyl)-propanamid e (para-
fluorofentanyl), its optical isomers, salts and salts of isomers.
(16) Gamma hydroxybutyrate, HOOC-CH2-CH2-CH2OH, its optical, position,
or
geometric isomers, salts and salts of isomers.
(f) Stimulants. -
Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any
quantity of the following
substances having a stimulant effect on the central nervous
system, including its salts, isomers,
and salts of isomers:
(1) Fenethylline
(2) N-ethylamphetamine
(3)
4-methyl-N-methylcathinone (Other name: mephedrone)
(4) 3,4-methylenedioxy-N-methlycathinone
(Other name: methylone)
(5) 3,4-methylenedioxypyrovalerone
(Other name: MDPV)
(g) Any material,
compound, mixture or preparation which contains any quantity of the
following substances:
(1) 5-(1,1-Dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]phenol
(CP-47,497)
(2) 5-(1,1-Dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]phenol
(cannabicyclohexanol
and CP-47,497 c8 homologue)
(3) 1-Butyl-3-(1 naphthoyl)indole,
(JWH-073)
(4) 1-[2-(4-Morpholinyl)ethyl]3-(1-naphthoyl)indole
(JWH-200)
(5)
1-Pentyl-3-(1-napthoyl)indole,
(JWH-018 and AM678)
(h) Synthetic cannabinoids or piperazines.
Unless specifically excepted, any chemical
compound which is not approved by the
approved, which is not dispensed or possessed in accordance
with state and federal law, that
contains Benzylpiperazine (BZP); Trifluoromethylphenylpiperazine (TFMPP); 1,1-
Dimethylheptyl-11-hydroxytetrahydrocannabinol
(HU-210); 1-Butyl-3-(1-naphthoyl)indole;
1-
Pentyl-3-(1-naphthoyl)indole; dexanabinol
(HU-211); or any compound in the following
structural classes:
(1) Naphthoylindoles: Any compound containing a 3-(1-naphthoyl)indole structure with
substitution at the nitrogen atom of the indole
ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl
group, whether or not further substituted in the indole ring to any extent and whether or not
substituted in the naphthyl ring to any
extent. Examples of this structural class include, but are not
limited, to JWH-015, JWH-018, JWH-019, JWH-073, JWH-081,
JWH-122, JWH-200, and AM-
2201;
(2) Phenylacetylindoles: Any compound containing a
3-phenylacetylindole structure with
substitution at the nitrogen atom of the indole
ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl
group whether or not further substituted in the indole ring to any extent and whether or not
substituted in the phenyl ring to any extent. Examples of this
structural class include, but are not
limited to, JWH-167, JWH-250, JWH-251, and RCS-8;
(3) Benzoylindoles: Any compound containing a 3-(benzoyl)indole
structure with
substitution at the nitrogen atom of the indole
ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl
group whether or not further substituted in the indole ring to any extent and whether or not
substituted in the phenyl ring to any extent. Examples of this
structural class include, but are not
limited, to AM-630, AM-2233, AM-694, Pravadoline
(WIN 48,098), and RCS-4;
(4) Cyclohexylphenols: Any compound containing a
2-(3-hydroxycyclohexyl)phenol
structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl,
alkenyl,
cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl
group whether or not substituted in the cyclohexyl
ring to any extent. Examples of this structural
class include, but are not limited to, CP 47,497 and its C8
homologue (cannabicyclohexanol);
(5) Naphthylmethylindoles: Any compound containing a
1H-indol-3-yl-(1-
naphthyl)methane structure with substitution at the nitrogen
atom of the indole ring by an alkyl,
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl, or 2-(4-
morpholinyl)ethyl group whether or not further substituted in the indole ring to any extent and
whether or not substituted in the naphthyl
ring to any extent. Examples of this structural class
include, but are not limited to, JWH-175, JWH-184, and
JWH-185;
(6) Naphthoylpyrroles: Any compound containing a 3-(1-naphthoyl)pyrrole structure
with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl,
alkenyl,
cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl
group whether or not further substituted in the pyrrole ring to any extent and whether or not
substituted in the naphthyl ring to any
extent. Examples of this structural class include, but are not
limited, to JWH-030, JWH-145, JWH-146, JWH-307, and JWH-368;
(7) Naphthylmethylindenes: Any compound containing a
1-(1-naphthylmethyl)indene
structure with substitution at the 3-position of the indene
ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl
group whether or not further substituted in the indene ring
to any extent and whether or not
substituted in the naphthyl ring to any
extent. Examples of this structural class include, but are not
limited to, JWH-176; or
(8) Any other
synthetic cannabinoid or piperazine
which is not approved by the United
States Food and Drug Administration or, if approved,
which is not dispensed or possessed in
accordance with state and federal law;
(i)
Synthetic cathinones. Unless specifically excepted,
any chemical compound which is
not approved by the
dispensed or possessed in accordance with state and federal
law, not including bupropion,
structurally derived from 2-aminopropan-1-one by substitution at
the 1-position with either
phenyl, naphthyl, or thiophene ring systems, whether or not the compound is
further modified in
one or more of the following ways:
(1) By substitution
in the ring system to any extent with alkyl, alkylenedioxy,
alkoxy,
haloalkyl, hydroxyl, or halide substituents,
whether or not further substituted in the ring system
by one or more other univalent substituents.
Examples of this class include, but are not limited to,
3,4-Methylenedioxycathinone (bk-MDA);
(2) By substitution
at the 3-position with an acyclic alkyl substituent. Examples of this
class include, but are not limited to,
2-methylamino-1-phenylbutan-1-one (buphedrone);
(3) By substitution
at the 2-amino nitrogen atom with alkyl, dialkyl,
benzyl, or
methoxybenzyl groups, or by inclusion of the 2-amino nitrogen atom
in a cyclic structure.
Examples of this class include, but are not limited
to, Dimethylcathinone, Ethcathinone,
and a -
Pyrrolidinopropiophenone (a -PPP); or
(4) Any other
synthetic cathinone which is not approved by the
Drug Administration or, if approved, is not dispensed
or possessed in accordance with state or
federal law;
Schedule II
(a) Schedule II shall
consist of the drugs and other substances, by whatever official
name, common or usual name, chemical name, or brand name designated,
listed in this section.
(b) Substances,
vegetable origin or chemical synthesis. - Unless specifically excepted or
unless listed in another schedule, any of the following
substances whether produced directly or
indirectly by extraction from substances of vegetable origin, or
independently by means of
chemical synthesis, or by a combination of extraction and
chemical synthesis:
(1) Opium and opiate,
and any salt, compound, derivative, or preparation of opium or
opiate excluding naloxone and its
salts, and excluding naltrexone and its salts, but
including the
following:
(i)
Raw opium
(ii) Opium extracts
(iii) Opium fluid
extracts
(iv)
Powdered opium
(v) Granulated opium
(vi)
Tincture of opium
(vii) Etorphine hydrochloride
(viii) Codeine
(ix) Ethylmorphine
(x) Hydrocodone
(xi) Hydromorphone
(xii) Metopon
(xiii) Morphine
(xiv) Oxycodone
(xv) Oxymorphone
(xvi) Thebaine
(2) Any salt, compound,
derivative, or preparation which is chemically equivalent or
identical with any of the substances referred to in subdivision
(1) of this subsection, except that
these substances shall not include the isoquinoline
alkaloids of opium.
(3) Opium poppy and
poppy straw.
(4) Coca leaves and any
salt, compound, derivative, or preparation of coca leaves, and
any salt, compound, derivative, or preparation which is
chemically equivalent or identical with
any of these substances, except that the substances shall
not include decocainized coca leaves or
extraction of coca leaves, which extractions do not contain
cocaine or ecgonine.
(5) Concentrate of
poppy straw (the crude extract of poppy straw in liquid, solid, or
powder form which contains the phenanthrine
alkaloids of the opium poppy).
(c) Opiates. - Unless
specifically excepted or unless listed in another schedule any of the
following opiates, including its isomers, esters, ethers,
salts; and salts of isomers, esters and,
ethers whenever the existence of the isomers, esters,
ethers, and salts is possible within the
specific chemical designation:
(1) Alphaprodine
(2) Anileridine
(3) Bezitramide
(4) Dihydrocodeine
(5) Diphenoxylate
(6) Fentanyl
(7) Isomethadone
(8) Levomethorphan
(9) Levorphanol
(10) Metazocine
(11) Methadone
(12)
Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane
(13) Moramide-Intermediate, 2-methyl-3-morpholino-1,
1-diphenylpropane-carboxylic
acid
(14) Pethidine
(15) Pethidine-Intermediate-A,
4-cyano-1-methyl-4-phenylpiperidine
(16) Pethidine-Intermediate-B,
ethyl-4-phenylpiperidine-4-carboxylate
(17) Pethidine-Intermediate-C,
1-methyl-4-phenylpiperidine-4-carboxylic acid
(18) Phenaxocine
(19) Piminodine
(20) Racemethorphan
(21) Racemorphan
(22) Bulk Dextropropoxyphene (non-dosage forms)
(23) Suffentanil
(24) Alfentanil
(25) Levoalphacetylmethadol
(d) Stimulants. -
Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any
quantity of the following
substances having a stimulant effect on the central nervous
system:
(1) Amphetamine, its
salts, optical isomers, and salts of its optical isomers.
(2) Methamphetamine,
its salts and salts of its isomers.
(3) Phenmetrazine
and its salts.
(4) Methylphenidate.
(e) Depressants. -
Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any
quantity of the following
substances having a depressant effect on the central nervous
system, including its salts, isomers,
and salts of isomers whenever the existence of the salts,
isomers, and salts of isomers is possible
within the specific chemical designation:
(1) Amobarbital
(2) Glutethimide
(3) Methyprylon
(4) Pentobarbital
(5) Phencyclidine
(6) Secobarbital
(7) Phencyclidine
immediate precursors:
(i)
1-phencyclohexylamine
(ii)
1-piperidinocyclohexane-carbonitrile (PCC)
(8) Immediate precursor
to amphetamine and methamphetamine: Phenylacetone.
Some
other names: phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzone ketone.
Schedule III
(a) Unless specifically
excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity
of the following substances
having a depressant effect on the central nervous system:
(1) Any substance which
contains any quantity of a derivative of barbituric
acid, or any
salt of a derivative of barbituric
acid.
(2) Chlorhexadol
(3) Lysergic acid
(4) Lysergic acid amide
(5) Sulfondiethylmethane
(6) Sulfonethylmethane
(7) Sylfonmethane
(8) Any compound,
mixture, or preparation containing amobarbital, secobarbital,
pentobarbital, or any salt of them and one or more other active
medicinal ingredients which are
not listed in any schedule.
(9) Any suppository
dosage form containing amobarbital, secobarbital, pentobarbital or
any salt of any of these drugs and approved by the Food
and Drug Administration for marketing
only as a suppository.
(10) Ketamine, its salts, isomers and salts of isomers. (Some
other names for ketamine:
(+)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone).
(b) Unless specifically
excepted or unless listed in another schedule, any material,
compound, mixture, or preparation containing limited
quantities of any of the following narcotic
drugs, or any salts of them:
(1) Not more than one
and eight tenths grams (1.8 gms.) of codeine per one
hundred
milliliters (100 mls.) or not more than
ninety milligrams (90 mgs.) per dosage unit, with an equal
or greater quantity of an isoquinoline
alkaloid of opium.
(2) Not more than one
and eight tenths grams (1.8 gms.) of codeine per one
hundred
milliliters (100 mls.) or not more than
ninety milligrams (90 mgs.) per dosage unit, with one or
more active, nonnarcotic
ingredients in recognized therapeutic amounts.
(3) Not more than three
hundred milligrams (300 mgs.) of dihydrocodeinone per
one
hundred milliliters (100 mls.) or
not more than fifteen milligrams (15 mgs.) per dosage unit, with
a fourfold or greater quantity of an isoquinoline alkaloid of opium.
(4) Not more than three
hundred milligrams (300 mgs.) of dihydrocodeinone per
one
hundred milliliters (100 mls.) or
not more than fifteen milligrams (15 mgs.) per dosage unit, with
one or more active nonnarcotic
ingredients in recognized therapeutic amounts.
(5) Not more than one
and eight tenths grams (1.8 gms.) of dihydrocodeine per one
hundred milliliters (100 mls.) or
not more than ninety milligrams (90 mgs.) per dosage unit, with
one or more active nonnarcotic
ingredients in recognized therapeutic amounts.
(6) Not more than three
hundred milligrams (300 mgs.) of ethylmorphine per
one
hundred milliliters (100 mls.) or
not more than fifteen milligrams (15 mgs.) per dosage unit, with
one or more active nonnarcotic
ingredients in recognized therapeutic amounts.
(7) Not more than five
hundred milligrams (500 mgs.) of opium per one hundred
milliliters (100 mls.) or per one
hundred grams (100 gms.) or not more than twenty-five
milligrams (25 mgs.) per dosage unit, with one or more active nonnarcotic ingredients in
recognized therapeutic amounts.
(8) Not more than fifty
milligrams (50 mgs.) of morphine per one hundred milliliters
(100 mls.) per one hundred grams (100 gms.) with one or more active, nonnarcotic
ingredients in
recognized therapeutic amounts.
(c) Stimulants. -
Unless specifically excepted or listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity
of the following substances
having a stimulant effect on the central nervous system,
including its salts, isomers, and salts of
the isomers whenever the existence of the salts of
isomers is possible within the specific chemical
designation:
(1) Benzphetamine
(2) Chlorphentermine
(3) Clortermine
(4) Mazindol
(5) Phendimetrazine
(d) Steroids and
hormones. - Anabolic steroids (AS) or human growth hormone (HGH),
excluding those compounds, mixtures, or preparations containing
an anabolic steroid that because
of its concentration, preparation, mixture or delivery
system, has no significant potential for
abuse, as published in 21 CFR 1308.34, including, but not
limited to, the following:
(1) Chlorionic
gonadotropin
(2) Clostebol
(3) Dehydrochlormethyltestosterone
(4) Ethylestrenol
(5) Fluoxymesterone
(6) Mesterolone
(7) Metenolone
(8) Methandienone
(9) Methandrostenolone
(10) Methyltestosterone
(11) Nandrolone decanoate
(12) Nandrolone phenpropionate
(13) Norethandrolone
(14) Oxandrolone
(15) Oxymesterone
(16) Oxymetholone
(17) Stanozolol
(18) Testosterone
propionate
(19) Testosterone-like
related compounds
(20) Human Growth
Hormone (HGH)
(e) Hallucinogenic
substances.
(1) Dronabinol
(synthetic) in sesame oil and encapsulated in a soft gelatin capsule in
U.S. Food and Drug Administration approved drug
product. (Some other names for dronabinol:
(6aR-trans)-6a, 7, 8, 10a- tetrahydro-6, 6, 9-
trimethyl-3-pentyl-6H- dibenzo[b,d]yra
n-1-ol,or(-)-
delta-9(trans)-tetrahydrocannabinol.)
Schedule IV
(1) Barbital.
(2) Chloral betaine
(3) Chloral hydrate
(4) Ethchrovynol
(5) Ethinamate
(6) Methohexital
(7) Meprobamate
(8) Methylphenobarbital
(9) Paraldehyde
(10) Petrichloral
(11) Phenobarbital
(12) Fenfluramine
(13) Diethylpropion
(14) Phentermine
(15) Pemoline (including organometallic
complexes and chelates thereof).
(16) Chlordiazepoxide
(17) Clonazepam
(18) Clorazepate
(19) Diazepam
(20) Flurazepam
(21) Mebutamate
(22) Oxazepam
(23) Unless
specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity
of the following substances,
including its salts:
Dextropropoxyphene(alpha-(+)-4-dimethylamino-1,2-diphenyl-3-
methyl-2-
propronoxybutane).
(24) Prazepam
(25) Lorazepam
(26) Not more than one
milligram (1 mg.) of difenoxin and not less than
twenty-five (25)
micrograms of atropine sulfate per dosage unit.
(27) Pentazocine
(28) Pipradrol
(29) SPA
(-)-1-dimethylamino-1, 2-diphenylethane
(30) Temazepam
(31) Halazepam
(32) Alprazolam
(33) Bromazepam
(34) Camazepam
(35) Clobazam
(36) Clotiazepam
(37) Cloxazolam
(38) Delorazepam
(39) Estazolam
(40) Ethyl Ioflazepate
(41) Fludizaepam
(42) Flunitrazepam
(43) Haloxazolam
(44) Ketazolam
(45) Loprazolam
(46) Lormetazepam
(47) Medazepam
(48) Nimetazepam
(49) Nitrazepam
(50) Nordiazepam
(51) Oxazolam
(52) Pinazepam
(53) Tetrazepam
(54) Mazindol
(55) Triazolam
(56) Midazolam
(57) Quazepam
(58) Butorphanol
(59) Sibutramine
Schedule V
(a) Any compound,
mixture, or preparation containing any of the following limited
quantities of narcotic drugs, which shall include one or more
non-narcotic active medicinal
ingredients in sufficient proportion to confer upon the compound,
mixture, or preparation
valuable medicinal qualities other than those possessed by the
narcotic drug alone:
(1) Not more than two
hundred milligrams (200 mgs.) of codeine per 100 milliliters (100
mls.) or per one hundred grams
(100 gms.).
(2) Not more than one
hundred milligrams (100 mgs.) of dihydrocodeine per
100
milliliters (100 mls.) or per one
hundred grams (100 gms.).
(3) Not more than one
hundred milligrams (100 mgs.) of ethylmorphine per
100
milliliters (100 mls.) or per one
hundred grams (100 gms.).
(4) Not more than two
and five tenths milligrams (2.5 mgs.) of diphenixylate
and not less
than twenty-five (25) micrograms of atropine sulfate per dosage
unit.
(5) Not more than one
hundred milligrams (100 mgs.) of opium per one hundred
milliliters (100 mls.) or per one
hundred grams (100 gms.).
(b) Not more than five
tenths milligrams (0.5 mgs.) of difenoxin and not
less than
twenty-five (25) micrograms of atropine sulfate per dosage
unit.
(c) Buprenorphine
(d) Unless specifically
exempted or excluded or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any
quantity of the following
substances having a stimulant effect on the central nervous
system, including its salts, isomers
and salts of isomers:
(1) Propylhexedrine
(except as benzedrex inhaler)
(2) Pyrovalerone.
SECTION 2. This act shall take effect upon passage.
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LC00952/SUB A
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