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H.B. 309 Enrolled
AN ACT RELATING TO CONTROLLED SUBSTANCES; AMENDING THE CONTROLLED
SUBSTANCES ACT TO REFLECT THE FEDERAL CODE IN SCHEDULES I THROUGH
V; AND PROVIDING AN INFORMATIONAL NOTE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
58-37-4, as last amended by Chapter 64, Laws of Utah 1997
This act enacts uncodified material.
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 58-37-4 is amended to read:
58-37-4. Schedules of controlled substances -- Schedules I through V -- Findings
required -- Specific substances included in schedules.
(1) There are established five schedules of controlled substances known as Schedules I,
II, III, IV, and V which shall consist of substances listed in this section.
(2) Schedules I, II, III, IV, and V consist of the following drugs or other substances by the
official name, common or usual name, chemical name, or brand name designated:
(a) Schedule I:
(i) Unless specifically excepted or unless listed in another schedule, any of the following
opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, when
the existence of the isomers, esters, ethers, and salts is possible within the specific chemical
designation:
(A) [
(N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);
(B) Acetylmethadol;
(C) Allylprodine;
(D) Alphacetylmethadol, [
levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM[
(E) Alphameprodine;
(F) Alphamethadol;
[
[
propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N- propanilido) piperidine);
(H) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-
piperidinyl]-N-phenylpropanamide);
(I) Benzethidine;
[
(K) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-
piperidinyl]-N-phenylpropanamide);
[
phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide;
(M) Betameprodine;
(N) Betamethadol;
(O) Betaprodine;
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(1-methyl-4-phenyl-4-propionoxypiperidine);
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propanamide;
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(N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]- N-phenylpropanamide); and
(CCC) 3-methylthiofentanyl
(N-[(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide).
(ii) Unless specifically excepted or unless listed in another schedule, any of the following
opium derivatives, their salts, isomers, and salts of isomers when the existence of the salts, isomers,
and salts of isomers is possible within the specific chemical designation:
(A) Acetorphine;
(B) Acetyldihydrocodeine;
(C) Benzylmorphine;
(D) Codeine methylbromide;
(E) Codeine-N-Oxide;
(F) Cyprenorphine;
(G) Desomorphine;
(H) Dihydromorphine;
(I) Drotebanol;
(J) Etorphine (except hydrochloride salt);
(K) Heroin;
(L) Hydromorphinol;
(M) Methyldesorphine;
(N) Methylhydromorphine;
(O) Morphine methylbromide;
(P) Morphine methylsulfonate;
(Q) Morphine-N-Oxide;
(R) Myrophine;
(S) Nicocodeine;
(T) Nicomorphine;
(U) Normorphine;
(V) Pholcodine; and
(W) Thebacon.
(iii) 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 their salts, isomers, and salts of isomers when the existence of
the salts, isomers, and salts of isomers is possible within the specific chemical designation; as used
in this Subsection (2)(iii) only, "isomer" includes the optical, position, and geometric isomers:
(A) Alpha-ethyltryptamine, some trade or other names: etryptamine; Monase;
.-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; .-ET; and AET;
[
4-bromo-2,5-dimethoxy-.-methylphenethylamine; 4-bromo-2,5-DMA;
(C) 4-bromo-2,5-dimethoxypenethylamine, some trade or other names:
2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB; 2C-B, Nexus;
[
2,5-dimethoxy-.-methylphenethylamine; 2,5-DMA;
(E) 2,5-dimethoxy-4-ethylamphetamine, some trade or other names: DOET;
(F) 4-methoxyamphetamine, some trade or other names:
4-methoxy-.-methylphenethylamine; paramethoxyamphetamine, PMA;
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4-methyl-2,5-dimethoxy-.-methylphenethylamine; "DOM"; and "STP";
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(J) 3,4-methylenedioxymethamphetamine (MDMA);
(K) 3,4-methylenedioxy-N-ethylamphetamine, also known as N-ethyl-
alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl MDA, MDE, MDEA;
(L) N-hydroxy-3,4-methylenedioxyamphetamine, also known as
N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine, and N-hydroxy MDA;
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-Dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)-5-indolol; N,
N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine;
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7-Ethyl-6,6.,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-5H-pyrido [1', 2':1,2] azepino
[5,4-b] indole; Tabernanthe iboga;
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3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran; Synhexyl;
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Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part
of such plant, and every compound, manufacture, salts, derivative, mixture, or preparation of such
plant, its seeds or extracts (Interprets 21 USC 812(c), Schedule I(c) (12));
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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: .1
cis or trans tetrahydrocannabinol, and their optical isomers .6 cis or trans tetrahydrocannabinol,
and their optical isomers .3,4 cis or trans tetrahydrocannabinol, and its optical isomers, and since
nomenclature of these substances is not internationally standardized, compounds of these structures,
regardless of numerical designation of atomic positions covered;
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N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl)ethylamine,
N-(1-phenylcyclohexyl)ethylamine, cyclohexamine, PCE;
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1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP;
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1-[1-(2-thienyl)-cyclohexyl]-piperidine, 2-thienylanalog of phencyclidine, TPCP, TCP; and
(EE) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine, some other names: TCPy.
(iv) 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
when the existence of the salts, isomers, and salts of isomers is possible within the specific chemical
designation:
(A) Mecloqualone; and
(B) Methaqualone.
(v) Any material, compound, mixture, or preparation containing any quantity of the
following substances having a stimulant effect on the central nervous system, including their salts,
isomers, and salts of isomers:
(A) Aminorex, some other names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; or
4,5-dihydro-5-phenly-2-oxazolamine;
(B) Cathinone, some trade or other names: 2-amino-1-phenyl-1-propanone,
alpha-aminopropiophenone, 2-aminopropiophenone, and norephedrone;
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(D) Methcathinone, some other names: 2-(methylamino)-propiophenone;
alpha-(methylamino)propiophenone; 2-(methylamino)-1-phenylpropan-1-one;
alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone; N-methylcathinone;
methylcathinone; AL-464; AL-422; AL-463 and UR1432, its salts, optical isomers, and salts of
optical isomers;
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(E) (.)cis-4-methylaminorex ((.)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);
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(G) N,N-dimethylamphetamine, also known as N,N-alpha-trimethyl-benzeneethanamine;
N,N-alpha-trimethylphenethylamine.
(vi) Any material, compound, mixture, or preparation which contains any quantity of the
following substances, including their optical isomers, salts, and salts of isomers, subject to temporary
emergency scheduling:
(A) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl); and
(B) N-[1- (2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl).
(b) Schedule II:
(i) 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:
(A) Opium and opiate, and any salt, compound, derivative, or preparation of opium or
opiate, excluding apomorphine, dextrorphan, nalbuphine, nalmefene, naloxone, and naltrexone, and
their respective salts, but including:
(I) Raw opium;
(II) Opium extracts;
(III) Opium fluid [
(IV) Powdered opium;
(V) Granulated opium;
(VI) Tincture of opium;
(VII) Codeine;
(VIII) Ethylmorphine;
(IX) Etorphine hydrochloride;
(X) Hydrocodone;
(XI) Hydromorphone;
(XII) Metopon;
(XIII) Morphine;
(XIV) Oxycodone;
(XV) Oxymorphone; and
(XVI) Thebaine;
(B) Any salt, compound, derivative, or preparation which is chemically equivalent or
identical with any of the substances referred to in Subsection (2)(b)(i)(A), except that these
substances may not include the isoquinoline alkaloids of opium;
(C) Opium poppy and poppy straw;
(D) 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, and includes cocaine and ecgonine, [
of isomers and derivatives, whether derived from the coca plant or synthetically produced, except
the substances may not include decocainized coca leaves or extraction of coca leaves, which
extractions do not contain cocaine or ecgonine; and
(E) Concentrate of poppy straw, which means the crude extract of poppy straw in either
liquid, solid, or powder form which contains the [
poppy.
(ii) Unless specifically excepted or unless listed in another schedule, any of the following
opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, when
the existence of the isomers, esters, ethers, and salts is possible within the specific chemical
designation, except dextrorphan and levopropoxyphene:
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(C) Anileridine;
(D) Bezitramide;
(E) Bulk dextropropoxyphene (nondosage forms);
(F) Carfentanil;
(G) Dihydrocodeine;
(H) Diphenoxylate;
(I) Fentanyl;
(J) Isomethadone;
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levomethadyl acetate, or LAAM[
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(M) Levorphanol;
(N) Metazocine;
(O) Methadone;
(P) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
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acid;
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(Z) Remifentanil; and
(AA) Sufentanil.
(iii) 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:
(A) Amphetamine, its salts, optical isomers, and salts of its optical isomers;
(B) Methamphetamine, its salts, isomers, and salts of its isomers;
(C) Phenmetrazine and its salts; and
(D) Methylphenidate.
(iv) 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
when the existence of the salts, isomers, and salts of isomers is possible within the specific chemical
designation:
(A) Amobarbital;
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1-phenylcyclohexylamine and 1-piperidinocyclohexanecarbonitrile (PCC); and
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(v) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of Phenylacetone.
Some of these substances may be known by trade or other names: phenyl-2-propanone, P2P;
benzyl methyl ketone, methyl benzyl ketone.
(vi) (A) [
capsule in a [
for dronabinol:
(6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol, or
(-)-delta-9-(trans)-tetrahydrocannabinol; and
(B) [
(.)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy-6,
6-dimethyl-9H-dibenzo[b,d]pyran-9-one.
(c) Schedule III:
(i) 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 whether optical, position, or
geometric, and salts of the isomers when the existence of the salts, isomers, and salts of isomers is
possible within the specific chemical designation:
(A) Those compounds, mixtures, or preparations in dosage unit form containing any
stimulant substances listed in Schedule II, which compounds, mixtures, or preparations were listed
on August 25, 1971, as excepted compounds under Section [
of Federal Regulations, and any other drug of the quantitive composition shown in that list for those
drugs or which is the same except that it contains a lesser quantity of controlled substances;
(B) Benzphetamine;
(C) Chlorphentermine;
(D) Clortermine; and
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(ii) 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:
(A) Any compound, mixture, or preparation containing amobarbital, secobarbital,
pentobarbital, or any salt of any of them, and one or more other active medicinal ingredients which
are not listed in any schedule;
(B) Any suppository dosage form containing amobarbital, secobarbital, or pentobarbital, or
any salt of any of these drugs which is approved by the Food and Drug Administration for marketing
only as a suppository;
(C) Any substance which contains any quantity of a derivative of barbituric acid or any salt
of any of them;
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(E) Lysergic acid;
(F) Lysergic acid amide;
(G) Methyprylon;
(H) Sulfondiethylmethane;
(I) Sulfonethylmethane;
(J) Sulfonmethane; and
(K) Tiletamine and zolazepam or any of their salts, some trade or other names for a
tiletamine-zolazepam combination product: Telazol, some trade or other names for tiletamine:
2-(ethylamino)-2-(2-thienyl)-cyclohexanone, some trade or other names for zolazepam:
4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-[3,4-e] [1,4]-diazepin-7(1H)-one,
flupyrazapon.
(iii) Nalorphine.
(iv) 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 [
(A) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams
per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;
(B) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams
per dosage unit, with one or more active non-narcotic ingredients in recognized therapeutic amounts;
(C) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than
15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of
opium;
(D) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than
15 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized
therapeutic amounts;
(E) Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90
milligrams per dosage unit, with one or more active non-narcotic ingredients in recognized
therapeutic amounts;
(F) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15
milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized
therapeutic amounts;
(G) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more
than 25 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized
therapeutic amounts;
(H) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with one
or more active, non-narcotic ingredients in recognized therapeutic amounts.
(v) Unless specifically excepted or unless listed in another schedule, anabolic steroids
including any of the following or any isomer, ester, salt, or derivative of the following that [
(A) Boldenone;
(B) Chlorotestosterone (4-chlortestosterone);
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(D) Dehydrochlormethyltestosterone;
(E) Dihydrotestosterone (4-dihydrotestosterone);
(F) Drostanolone;
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(H) Fluoxymesterone;
(I) Formebulone (formebolone);
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(K) Methandienone;
(L) Methandranone;
(M) Methandriol;
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(Q) Mibolerone;
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(W) Stanolone;
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(Y) Testolactone;
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(AA) Trenbolone.
Anabolic steroids expressly intended for administration through implants to cattle or other
nonhuman species, and approved by the [
Human Services for use, may not be classified as a controlled substance.
(d) Schedule IV:
(i) Unless specifically excepted or unless listed in another schedule, any material, compound,
mixture, or preparation containing not more than 1 milligram of difenoxin and not less than 25
micrograms of atropine sulfate per dosage unit, or any salts of any of them;
(ii) 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, isomers, and salts of isomers when the existence of the salts, isomers, and salts
of isomers is possible within the specific chemical designation:
(A) Alprazolam;
(B) Barbital;
(C) Bromazepam;
(D) Butorphanol;
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(BB) Lormetazepam;
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(EE) Meprobamate;
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(HH) Midazolam;
(II) Nimetazepam;
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(RR) Pinazepam;
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(UU) Temazepam;
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(WW) Triazolam; and
(XX) Zolpidem.
(iii) Any material, compound, mixture, or preparation of fenfluramine which contains any
quantity of the following substances, including its salts, isomers whether optical, position, or
geometric, and salts of the isomers when the existence of the salts, isomers, and salts of isomers is
possible.
(iv) 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 whether optical,
position, or geometric isomers, and salts of the isomers when the existence of the salts, isomers, and
salts of isomers is possible within the specific chemical designation:
(A) Cathine ((+)-norpseudoephedrine);
(B) Diethylpropion;
(C) Fencamfamine;
(D) Fenproprex;
(E) [
(F) Mefenorex;
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(I) Pipradrol; and
(J)SPA[
((-)-1-dimethylamino-1,2-diphenylethane).
(v) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of dextropropoxyphene
(alpha-(+)-4-dimethylamino-1, 2-diphenyl-3-methyl-2-propionoxybutane), including its salts.
(e) Schedule V: Any compound, mixture, or preparation containing any of the following
limited quantities of narcotic drugs, or their salts [
base or alkaloid, which includes 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:
(i) not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;
(ii) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;
(iii) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;
(iv) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of
atropine sulfate per dosage unit;
(v) not more than 100 milligrams of opium per 100 milliliters or per 100 grams;
(vi) not more than 0.5 milligram of difenoxin and not less than 25 micrograms of atropine
sulfate per dosage unit; [
(vii) unless specifically exempted or excluded or unless listed in another schedule, any
material, compound, mixture, or preparation which contains Pyrovalerone having a stimulant effect
on the central nervous system, including its salts, isomers, and salts of isomers[
(viii) unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation containing any Buprenorphine and its salts.
Section 2. Informational note.
The symbols used in this bill do not appear in the electronic version. Please refer to the hard
copy version on file with the Utah House of Representatives or the Office of Legislative Printing to
view these symbols.
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