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First Substitute H.B. 254
This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Thu, Mar 1, 2012 at 10:53 AM by khelgesen. -->
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7 LONG TITLE
8 General Description:
9 This bill modifies the Utah Controlled Substances Act.
10 Highlighted Provisions:
11 This bill:
12 . amends the definition of a controlled substance analog to allow proof that the
13 substance is chemically substantially similar to a controlled substance, without
14 requiring proof of the effect of the substance by the expert testimony of a
15 pharmacologist;
16 . adds benzylpiperazine to Schedule I of the controlled substances list; and
17 . adds AM-2201, RCS-4, JWH-210, and JWH-203 to the list of listed controlled
18 substances.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 58-37-2, as last amended by Laws of Utah 2011, Chapter 12
26 58-37-4, as last amended by Laws of Utah 2011, Chapter 12
27 58-37-4.2, as enacted by Laws of Utah 2011, Chapter 12
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29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 58-37-2 is amended to read:
31 58-37-2. Definitions.
32 (1) As used in this chapter:
33 (a) "Administer" means the direct application of a controlled substance, whether by
34 injection, inhalation, ingestion, or any other means, to the body of a patient or research subject
35 by:
36 (i) a practitioner or, in the practitioner's presence, by the practitioner's authorized agent;
37 or
38 (ii) the patient or research subject at the direction and in the presence of the
39 practitioner.
40 (b) "Agent" means an authorized person who acts on behalf of or at the direction of a
41 manufacturer, distributor, or practitioner but does not include a motor carrier, public
42 warehouseman, or employee of any of them.
43 (c) "Consumption" means ingesting or having any measurable amount of a controlled
44 substance in a person's body, but this Subsection (1)(c) does not include the metabolite of a
45 controlled substance.
46 (d) "Continuing criminal enterprise" means any individual, sole proprietorship,
47 partnership, corporation, business trust, association, or other legal entity, and any union or
48 groups of individuals associated in fact although not a legal entity, and includes illicit as well
49 as licit entities created or maintained for the purpose of engaging in conduct which constitutes
50 the commission of episodes of activity made unlawful by Title 58, Chapter 37, Utah Controlled
51 Substances Act, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 37b, Imitation Controlled
52 Substances Act, Chapter 37c, Utah Controlled Substance Precursor Act, or Chapter 37d,
53 Clandestine Drug Lab Act, which episodes are not isolated, but have the same or similar
54 purposes, results, participants, victims, methods of commission, or otherwise are interrelated
55 by distinguishing characteristics. Taken together, the episodes shall demonstrate continuing
56 unlawful conduct and be related either to each other or to the enterprise.
57 (e) "Control" means to add, remove, or change the placement of a drug, substance, or
58 immediate precursor under Section 58-37-3 .
59 (f) (i) "Controlled substance" means a drug or substance:
60 (A) included in Schedules I, II, III, IV, or V of Section 58-37-4 ;
61 (B) included in Schedules I, II, III, IV, or V of the federal Controlled Substances Act,
62 Title II, P.L. 91-513;
63 (C) that is a controlled substance analog; or
64 (D) listed in Section 58-37-4.2 .
65 (ii) "Controlled substance" does not include:
66 (A) distilled spirits, wine, or malt beverages, as those terms are defined in Title 32B,
67 Alcoholic Beverage Control Act;
68 (B) any drug intended for lawful use in the diagnosis, cure, mitigation, treatment, or
69 prevention of disease in human or other animals, which contains ephedrine, pseudoephedrine,
70 norpseudoephedrine, or phenylpropanolamine if the drug is lawfully purchased, sold,
71 transferred, or furnished as an over-the-counter medication without prescription; or
72 (C) dietary supplements, vitamins, minerals, herbs, or other similar substances
73 including concentrates or extracts, which:
74 (I) are not otherwise regulated by law; and
75 (II) may contain naturally occurring amounts of chemical or substances listed in this
76 chapter, or in rules adopted pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking
77 Act.
78 (g) (i) "Controlled substance analog" means:
79 (A) a substance the chemical structure of which is substantially similar to the chemical
80 structure of a controlled substance listed in Schedules I and II of Section 58-37-4 , a substance
81 listed in Section 58-37-4.2 , or in Schedules I and II of the federal Controlled Substances Act,
82 Title II, P.L. 91-513 S. [
83 [
83a on the central
84 nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on
85 the central nervous system of controlled substances [
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87 58-37-4 , substances listed in Section 58-37-4.2 , or substances listed in Schedules I and II of the
88 federal controlled substances Act, Title II, P.L. 91-513; or
89 [
90 intended to have a stimulant, depressant, or hallucinogenic effect on the central nervous system
91 substantially similar to the stimulant, depressant, or hallucinogenic effect on the central
92 nervous system of controlled substances [
93
94 substances listed in Schedules I and II of the federal controlled substances Act, Title II, P.L.
95 91-513.
96 (ii) "Controlled substance analog" does not include:
97 (A) a controlled substance currently scheduled in Schedules I through V of Section
98 58-37-4 ;
99 (B) a substance for which there is an approved new drug application;
100 (C) a substance with respect to which an exemption is in effect for investigational use
101 by a particular person under Section 505 of the Food, Drug, and Cosmetic Act, 21 U.S.C. 355,
102 to the extent the conduct with respect to the substance is permitted by the exemption;
103 (D) any substance to the extent not intended for human consumption before an
104 exemption takes effect with respect to the substance;
105 (E) any drug intended for lawful use in the diagnosis, cure, mitigation, treatment, or
106 prevention of disease in man or other animals, which contains ephedrine, pseudoephedrine,
107 norpseudoephedrine, or phenylpropanolamine if the drug is lawfully purchased, sold,
108 transferred, or furnished as an over-the-counter medication without prescription; or
109 (F) dietary supplements, vitamins, minerals, herbs, or other similar substances
110 including concentrates or extracts, which are not otherwise regulated by law, which may
111 contain naturally occurring amounts of chemical or substances listed in this chapter, or in rules
112 adopted pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
113 (h) "Conviction" means a determination of guilt by verdict, whether jury or bench, or
114 plea, whether guilty or no contest, for any offense proscribed by Title 58, Chapters 37, 37a,
115 37b, 37c, or 37d, or for any offense under the laws of the United States and any other state
116 which, if committed in this state, would be an offense under Title 58, Chapters 37, 37a, 37b,
117 37c, or 37d.
118 (i) "Counterfeit substance" means:
119 (i) any controlled substance or container or labeling of any controlled substance that:
120 (A) without authorization bears the trademark, trade name, or other identifying mark,
121 imprint, number, device, or any likeness of them, of a manufacturer, distributor, or dispenser
122 other than the person or persons who in fact manufactured, distributed, or dispensed the
123 substance which falsely purports to be a controlled substance distributed by any other
124 manufacturer, distributor, or dispenser; and
125 (B) a reasonable person would believe to be a controlled substance distributed by an
126 authorized manufacturer, distributor, or dispenser based on the appearance of the substance as
127 described under Subsection (1)(i)(i)(A) or the appearance of the container of that controlled
128 substance; or
129 (ii) any substance other than under Subsection (1)(i)(i) that:
130 (A) is falsely represented to be any legally or illegally manufactured controlled
131 substance; and
132 (B) a reasonable person would believe to be a legal or illegal controlled substance.
133 (j) "Deliver" or "delivery" means the actual, constructive, or attempted transfer of a
134 controlled substance or a listed chemical, whether or not an agency relationship exists.
135 (k) "Department" means the Department of Commerce.
136 (l) "Depressant or stimulant substance" means:
137 (i) a drug which contains any quantity of barbituric acid or any of the salts of barbituric
138 acid;
139 (ii) a drug which contains any quantity of:
140 (A) amphetamine or any of its optical isomers;
141 (B) any salt of amphetamine or any salt of an optical isomer of amphetamine; or
142 (C) any substance which the Secretary of Health and Human Services or the Attorney
143 General of the United States after investigation has found and by regulation designated
144 habit-forming because of its stimulant effect on the central nervous system;
145 (iii) lysergic acid diethylamide; or
146 (iv) any drug which contains any quantity of a substance which the Secretary of Health
147 and Human Services or the Attorney General of the United States after investigation has found
148 to have, and by regulation designated as having, a potential for abuse because of its depressant
149 or stimulant effect on the central nervous system or its hallucinogenic effect.
150 (m) "Dispense" means the delivery of a controlled substance by a pharmacist to an
151 ultimate user pursuant to the lawful order or prescription of a practitioner, and includes
152 distributing to, leaving with, giving away, or disposing of that substance as well as the
153 packaging, labeling, or compounding necessary to prepare the substance for delivery.
154 (n) "Dispenser" means a pharmacist who dispenses a controlled substance.
155 (o) "Distribute" means to deliver other than by administering or dispensing a controlled
156 substance or a listed chemical.
157 (p) "Distributor" means a person who distributes controlled substances.
158 (q) "Division" means the Division of Occupational and Professional Licensing created
159 in Section 58-1-103 .
160 (r) (i) "Drug" means:
161 (A) a substance recognized in the official United States Pharmacopoeia, Official
162 Homeopathic Pharmacopoeia of the United States, or Official National Formulary, or any
163 supplement to any of them, intended for use in the diagnosis, cure, mitigation, treatment, or
164 prevention of disease in humans or animals;
165 (B) a substance that is required by any applicable federal or state law or rule to be
166 dispensed by prescription only or is restricted to administration by practitioners only;
167 (C) a substance other than food intended to affect the structure or any function of the
168 body of humans or other animals; and
169 (D) substances intended for use as a component of any substance specified in
170 Subsections (1)(r)(i)(A), (B), and (C).
171 (ii) "Drug" does not include dietary supplements.
172 (s) "Drug dependent person" means any individual who unlawfully and habitually uses
173 any controlled substance to endanger the public morals, health, safety, or welfare, or who is so
174 dependent upon the use of controlled substances as to have lost the power of self-control with
175 reference to the individual's dependency.
176 (t) "Food" means:
177 (i) any nutrient or substance of plant, mineral, or animal origin other than a drug as
178 specified in this chapter, and normally ingested by human beings; and
179 (ii) foods for special dietary uses as exist by reason of a physical, physiological,
180 pathological, or other condition including but not limited to the conditions of disease,
181 convalescence, pregnancy, lactation, allergy, hypersensitivity to food, underweight, and
182 overweight; uses for supplying a particular dietary need which exist by reason of age including
183 but not limited to the ages of infancy and childbirth, and also uses for supplementing and for
184 fortifying the ordinary or unusual diet with any vitamin, mineral, or other dietary property for
185 use of a food. Any particular use of a food is a special dietary use regardless of the nutritional
186 purposes.
187 (u) "Immediate precursor" means a substance which the Attorney General of the United
188 States has found to be, and by regulation designated as being, the principal compound used or
189 produced primarily for use in the manufacture of a controlled substance, or which is an
190 immediate chemical intermediary used or likely to be used in the manufacture of a controlled
191 substance, the control of which is necessary to prevent, curtail, or limit the manufacture of the
192 controlled substance.
193 (v) "Indian" means a member of an Indian tribe.
194 (w) "Indian religion" means any religion:
195 (i) the origin and interpretation of which is from within a traditional Indian culture or
196 community; and
197 (ii) which is practiced by Indians.
198 (x) "Indian tribe" means any tribe, band, nation, pueblo, or other organized group or
199 community of Indians, including any Alaska Native village, which is legally recognized as
200 eligible for and is consistent with the special programs, services, and entitlements provided by
201 the United States to Indians because of their status as Indians.
202 (y) "Manufacture" means the production, preparation, propagation, compounding, or
203 processing of a controlled substance, either directly or indirectly by extraction from substances
204 of natural origin, or independently by means of chemical synthesis or by a combination of
205 extraction and chemical synthesis.
206 (z) "Manufacturer" includes any person who packages, repackages, or labels any
207 container of any controlled substance, except pharmacists who dispense or compound
208 prescription orders for delivery to the ultimate consumer.
209 (aa) "Marijuana" means all species of the genus cannabis and all parts of the genus,
210 whether growing or not; the seeds of it; the resin extracted from any part of the plant; and every
211 compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or
212 resin. The term does not include the mature stalks of the plant, fiber produced from the stalks,
213 oil or cake made from the seeds of the plant, any other compound, manufacture, salt,
214 derivative, mixture, or preparation of the mature stalks, except the resin extracted from them,
215 fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. Any
216 synthetic equivalents of the substances contained in the plant cannabis sativa or any other
217 species of the genus cannabis which are chemically indistinguishable and pharmacologically
218 active are also included.
219 (bb) "Money" means officially issued coin and currency of the United States or any
220 foreign country.
221 (cc) "Narcotic drug" means any of the following, whether produced directly or
222 indirectly by extraction from substances of vegetable origin, or independently by means of
223 chemical synthesis, or by a combination of extraction and chemical synthesis:
224 (i) opium, coca leaves, and opiates;
225 (ii) a compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or
226 opiates;
227 (iii) opium poppy and poppy straw; or
228 (iv) a substance, and any compound, manufacture, salt, derivative, or preparation of the
229 substance, which is chemically identical with any of the substances referred to in Subsection
230 (1)(cc)(i), (ii), or (iii), except narcotic drug does not include decocainized coca leaves or
231 extracts of coca leaves which do not contain cocaine or ecgonine.
232 (dd) "Negotiable instrument" means documents, containing an unconditional promise
233 to pay a sum of money, which are legally transferable to another party by endorsement or
234 delivery.
235 (ee) "Opiate" means any drug or other substance having an addiction-forming or
236 addiction-sustaining liability similar to morphine or being capable of conversion into a drug
237 having addiction-forming or addiction-sustaining liability.
238 (ff) "Opium poppy" means the plant of the species papaver somniferum L., except the
239 seeds of the plant.
240 (gg) "Person" means any corporation, association, partnership, trust, other institution or
241 entity or one or more individuals.
242 (hh) "Poppy straw" means all parts, except the seeds, of the opium poppy, after
243 mowing.
244 (ii) "Possession" or "use" means the joint or individual ownership, control, occupancy,
245 holding, retaining, belonging, maintaining, or the application, inhalation, swallowing, injection,
246 or consumption, as distinguished from distribution, of controlled substances and includes
247 individual, joint, or group possession or use of controlled substances. For a person to be a
248 possessor or user of a controlled substance, it is not required that the person be shown to have
249 individually possessed, used, or controlled the substance, but it is sufficient if it is shown that
250 the person jointly participated with one or more persons in the use, possession, or control of
251 any substances with knowledge that the activity was occurring, or the controlled substance is
252 found in a place or under circumstances indicating that the person had the ability and the intent
253 to exercise dominion and control over it.
254 (jj) "Practitioner" means a physician, dentist, naturopathic physician, veterinarian,
255 pharmacist, scientific investigator, pharmacy, hospital, or other person licensed, registered, or
256 otherwise permitted to distribute, dispense, conduct research with respect to, administer, or use
257 in teaching or chemical analysis a controlled substance in the course of professional practice or
258 research in this state.
259 (kk) "Prescribe" means to issue a prescription:
260 (i) orally or in writing; or
261 (ii) by telephone, facsimile transmission, computer, or other electronic means of
262 communication as defined by division rule.
263 (ll) "Prescription" means an order issued:
264 (i) by a licensed practitioner, in the course of that practitioner's professional practice or
265 by collaborative pharmacy practice agreement; and
266 (ii) for a controlled substance or other prescription drug or device for use by a patient
267 or an animal.
268 (mm) "Production" means the manufacture, planting, cultivation, growing, or
269 harvesting of a controlled substance.
270 (nn) "Securities" means any stocks, bonds, notes, or other evidences of debt or of
271 property.
272 (oo) "State" means the state of Utah.
273 (pp) "Ultimate user" means any person who lawfully possesses a controlled substance
274 for the person's own use, for the use of a member of the person's household, or for
275 administration to an animal owned by the person or a member of the person's household.
276 (2) If a term used in this chapter is not defined, the definition and terms of Title 76,
277 Utah Criminal Code, shall apply.
278 Section 2. Section 58-37-4 is amended to read:
279 58-37-4. Schedules of controlled substances -- Schedules I through V -- Findings
280 required -- Specific substances included in schedules.
281 (1) There are established five schedules of controlled substances known as Schedules I,
282 II, III, IV, and V which consist of substances listed in this section.
283 (2) Schedules I, II, III, IV, and V consist of the following drugs or other substances by
284 the official name, common or usual name, chemical name, or brand name designated:
285 (a) Schedule I:
286 (i) Unless specifically excepted or unless listed in another schedule, any of the
287 following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and
288 ethers, when the existence of the isomers, esters, ethers, and salts is possible within the specific
289 chemical designation:
290 (A) Acetyl-alpha-methylfentanyl
291 (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);
292 (B) Acetylmethadol;
293 (C) Allylprodine;
294 (D) Alphacetylmethadol, except levo-alphacetylmethadol also known as
295 levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM;
296 (E) Alphameprodine;
297 (F) Alphamethadol;
298 (G) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl]
299 propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);
300 (H) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-
301 piperidinyl]-N-phenylpropanamide);
302 (I) Benzylpiperazine;
303 [
304 [
305 [
306 piperidinyl]-N-phenylpropanamide);
307 [
308 phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide;
309 [
310 [
311 [
312 [
313 [
314 [
315 [
316 [
317 [
318 [
319 [
320 [
321 [
322 [
323 [
324 [
325 [
326 [
327 [
328 [
329 [
330 [
331 [
332 [
333 [
334 [
335 [
336 [
337 piperidinyl] propanamide;
338 [
339 [
340 [
341 [
342 [
343 [
344 [
345 [
346 [
347 [
348 [
349 propanamide;
350 [
351 [
352 [
353 (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]- N-phenylpropanamide); and
354 [
355 (N-[(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide).
356 (ii) Unless specifically excepted or unless listed in another schedule, any of the
357 following opium derivatives, their salts, isomers, and salts of isomers when the existence of the
358 salts, isomers, and salts of isomers is possible within the specific chemical designation:
359 (A) Acetorphine;
360 (B) Acetyldihydrocodeine;
361 (C) Benzylmorphine;
362 (D) Codeine methylbromide;
363 (E) Codeine-N-Oxide;
364 (F) Cyprenorphine;
365 (G) Desomorphine;
366 (H) Dihydromorphine;
367 (I) Drotebanol;
368 (J) Etorphine (except hydrochloride salt);
369 (K) Heroin;
370 (L) Hydromorphinol;
371 (M) Methyldesorphine;
372 (N) Methylhydromorphine;
373 (O) Morphine methylbromide;
374 (P) Morphine methylsulfonate;
375 (Q) Morphine-N-Oxide;
376 (R) Myrophine;
377 (S) Nicocodeine;
378 (T) Nicomorphine;
379 (U) Normorphine;
380 (V) Pholcodine; and
381 (W) Thebacon.
382 (iii) Unless specifically excepted or unless listed in another schedule, any material,
383 compound, mixture, or preparation which contains any quantity of the following hallucinogenic
384 substances, or which contains any of their salts, isomers, and salts of isomers when the
385 existence of the salts, isomers, and salts of isomers is possible within the specific chemical
386 designation; as used in this Subsection (2)(iii) only, "isomer" includes the optical, position, and
387 geometric isomers:
388 (A) Alpha-ethyltryptamine, some trade or other names: etryptamine; Monase;
389 .-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; .-ET; and AET;
390 (B) 4-bromo-2,5-dimethoxy-amphetamine, some trade or other names:
391 4-bromo-2,5-dimethoxy-.-methylphenethylamine; 4-bromo-2,5-DMA;
392 (C) 4-bromo-2,5-dimethoxypenethylamine, some trade or other names:
393 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB; 2C-B, Nexus;
394 (D) 2,5-dimethoxyamphetamine, some trade or other names:
395 2,5-dimethoxy-.-methylphenethylamine; 2,5-DMA;
396 (E) 2,5-dimethoxy-4-ethylamphetamine, some trade or other names: DOET;
397 (F) 4-methoxyamphetamine, some trade or other names:
398 4-methoxy-.-methylphenethylamine; paramethoxyamphetamine, PMA;
399 (G) 5-methoxy-3,4-methylenedioxyamphetamine;
400 (H) 4-methyl-2,5-dimethoxy-amphetamine, some trade and other names:
401 4-methyl-2,5-dimethoxy-.-methylphenethylamine; "DOM"; and "STP";
402 (I) 3,4-methylenedioxy amphetamine;
403 (J) 3,4-methylenedioxymethamphetamine (MDMA);
404 (K) 3,4-methylenedioxy-N-ethylamphetamine, also known as N-ethyl-
405 alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl MDA, MDE, MDEA;
406 (L) N-hydroxy-3,4-methylenedioxyamphetamine, also known as
407 N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine, and N-hydroxy MDA;
408 (M) 3,4,5-trimethoxy amphetamine;
409 (N) Bufotenine, some trade and other names:
410 3-(.-Dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)-5-indolol; N,
411 N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine;
412 (O) Diethyltryptamine, some trade and other names: N,N-Diethyltryptamine; DET;
413 (P) Dimethyltryptamine, some trade or other names: DMT;
414 (Q) Ibogaine, some trade and other names:
415 7-Ethyl-6,6.,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-5H-pyrido [1', 2':1,2] azepino
416 [5,4-b] indole; Tabernanthe iboga;
417 (R) Lysergic acid diethylamide;
418 (S) Marijuana;
419 (T) Mescaline;
420 (U) Parahexyl, some trade or other names:
421 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran; Synhexyl;
422 (V) Peyote, meaning all parts of the plant presently classified botanically as
423 Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any extract from
424 any part of such plant, and every compound, manufacture, salts, derivative, mixture, or
425 preparation of such plant, its seeds or extracts (Interprets 21 USC 812(c), Schedule I(c) (12));
426 (W) N-ethyl-3-piperidyl benzilate;
427 (X) N-methyl-3-piperidyl benzilate;
428 (Y) Psilocybin;
429 (Z) Psilocyn;
430 (AA) Tetrahydrocannabinols, naturally contained in a plant of the genus Cannabis
431 (cannabis plant), as well as synthetic equivalents of the substances contained in the cannabis
432 plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives,
433 and their isomers with similar chemical structure and pharmacological activity to those
434 substances contained in the plant, such as the following: .1 cis or trans tetrahydrocannabinol,
435 and their optical isomers .6 cis or trans tetrahydrocannabinol, and their optical isomers .3,4
436 cis or trans tetrahydrocannabinol, and its optical isomers, and since nomenclature of these
437 substances is not internationally standardized, compounds of these structures, regardless of
438 numerical designation of atomic positions covered;
439 (BB) Ethylamine analog of phencyclidine, some trade or other names:
440 N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl)ethylamine,
441 N-(1-phenylcyclohexyl)ethylamine, cyclohexamine, PCE;
442 (CC) Pyrrolidine analog of phencyclidine, some trade or other names:
443 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP;
444 (DD) Thiophene analog of phencyclidine, some trade or other names:
445 1-[1-(2-thienyl)-cyclohexyl]-piperidine, 2-thienylanalog of phencyclidine, TPCP, TCP; and
446 (EE) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine, some other names: TCPy.
447 (iv) Unless specifically excepted or unless listed in another schedule, any material
448 compound, mixture, or preparation which contains any quantity of the following substances
449 having a depressant effect on the central nervous system, including its salts, isomers, and salts
450 of isomers when the existence of the salts, isomers, and salts of isomers is possible within the
451 specific chemical designation:
452 (A) Mecloqualone; and
453 (B) Methaqualone.
454 (v) Any material, compound, mixture, or preparation containing any quantity of the
455 following substances having a stimulant effect on the central nervous system, including their
456 salts, isomers, and salts of isomers:
457 (A) Aminorex, some other names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; or
458 4,5-dihydro-5-phenyl-2-oxazolamine;
459 (B) Cathinone, some trade or other names: 2-amino-1-phenyl-1-propanone,
460 alpha-aminopropiophenone, 2-aminopropiophenone, and norephedrone;
461 (C) Fenethylline;
462 (D) Methcathinone, some other names: 2-(methylamino)-propiophenone;
463 alpha-(methylamino)propiophenone; 2-(methylamino)-1-phenylpropan-1-one;
464 alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone; N-methylcathinone;
465 methylcathinone; AL-464; AL-422; AL-463 and UR1432, its salts, optical isomers, and salts of
466 optical isomers;
467 (E) (.)cis-4-methylaminorex ((.)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);
468 (F) N-ethylamphetamine; and
469 (G) N,N-dimethylamphetamine, also known as
470 N,N-alpha-trimethyl-benzeneethanamine; N,N-alpha-trimethylphenethylamine.
471 (vi) Any material, compound, mixture, or preparation which contains any quantity of
472 the following substances, including their optical isomers, salts, and salts of isomers, subject to
473 temporary emergency scheduling:
474 (A) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl); and
475 (B) N-[1- (2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl).
476 (vii) Unless specifically excepted or unless listed in another schedule, any material,
477 compound, mixture, or preparation which contains any quantity of gamma hydroxy butyrate
478 (gamma hydrobutyric acid), including its salts, isomers, and salts of isomers.
479 (b) Schedule II:
480 (i) Unless specifically excepted or unless listed in another schedule, any of the
481 following substances whether produced directly or indirectly by extraction from substances of
482 vegetable origin, or independently by means of chemical synthesis, or by a combination of
483 extraction and chemical synthesis:
484 (A) Opium and opiate, and any salt, compound, derivative, or preparation of opium or
485 opiate, excluding apomorphine, dextrorphan, nalbuphine, nalmefene, naloxone, and naltrexone,
486 and their respective salts, but including:
487 (I) Raw opium;
488 (II) Opium extracts;
489 (III) Opium fluid;
490 (IV) Powdered opium;
491 (V) Granulated opium;
492 (VI) Tincture of opium;
493 (VII) Codeine;
494 (VIII) Ethylmorphine;
495 (IX) Etorphine hydrochloride;
496 (X) Hydrocodone;
497 (XI) Hydromorphone;
498 (XII) Metopon;
499 (XIII) Morphine;
500 (XIV) Oxycodone;
501 (XV) Oxymorphone; and
502 (XVI) Thebaine;
503 (B) Any salt, compound, derivative, or preparation which is chemically equivalent or
504 identical with any of the substances referred to in Subsection (2)(b)(i)(A), except that these
505 substances may not include the isoquinoline alkaloids of opium;
506 (C) Opium poppy and poppy straw;
507 (D) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and
508 any salt, compound, derivative, or preparation which is chemically equivalent or identical with
509 any of these substances, and includes cocaine and ecgonine, their salts, isomers, derivatives,
510 and salts of isomers and derivatives, whether derived from the coca plant or synthetically
511 produced, except the substances may not include decocainized coca leaves or extraction of coca
512 leaves, which extractions do not contain cocaine or ecgonine; and
513 (E) Concentrate of poppy straw, which means the crude extract of poppy straw in either
514 liquid, solid, or powder form which contains the phenanthrene alkaloids of the opium poppy.
515 (ii) Unless specifically excepted or unless listed in another schedule, any of the
516 following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and
517 ethers, when the existence of the isomers, esters, ethers, and salts is possible within the specific
518 chemical designation, except dextrorphan and levopropoxyphene:
519 (A) Alfentanil;
520 (B) Alphaprodine;
521 (C) Anileridine;
522 (D) Bezitramide;
523 (E) Bulk dextropropoxyphene (nondosage forms);
524 (F) Carfentanil;
525 (G) Dihydrocodeine;
526 (H) Diphenoxylate;
527 (I) Fentanyl;
528 (J) Isomethadone;
529 (K) Levo-alphacetylmethadol, some other names: levo-alpha-acetylmethadol,
530 levomethadyl acetate, or LAAM;
531 (L) Levomethorphan;
532 (M) Levorphanol;
533 (N) Metazocine;
534 (O) Methadone;
535 (P) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
536 (Q) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic
537 acid;
538 (R) Pethidine (meperidine);
539 (S) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;
540 (T) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
541 (U) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
542 (V) Phenazocine;
543 (W) Piminodine;
544 (X) Racemethorphan;
545 (Y) Racemorphan;
546 (Z) Remifentanil; and
547 (AA) Sufentanil.
548 (iii) Unless specifically excepted or unless listed in another schedule, any material,
549 compound, mixture, or preparation which contains any quantity of the following substances
550 having a stimulant effect on the central nervous system:
551 (A) Amphetamine, its salts, optical isomers, and salts of its optical isomers;
552 (B) Methamphetamine, its salts, isomers, and salts of its isomers;
553 (C) Phenmetrazine and its salts; and
554 (D) Methylphenidate.
555 (iv) Unless specifically excepted or unless listed in another schedule, any material,
556 compound, mixture, or preparation which contains any quantity of the following substances
557 having a depressant effect on the central nervous system, including its salts, isomers, and salts
558 of isomers when the existence of the salts, isomers, and salts of isomers is possible within the
559 specific chemical designation:
560 (A) Amobarbital;
561 (B) Glutethimide;
562 (C) Pentobarbital;
563 (D) Phencyclidine;
564 (E) Phencyclidine immediate precursors: 1-phenylcyclohexylamine and
565 1-piperidinocyclohexanecarbonitrile (PCC); and
566 (F) Secobarbital.
567 (v) (A) Unless specifically excepted or unless listed in another schedule, any material,
568 compound, mixture, or preparation which contains any quantity of Phenylacetone.
569 (B) Some of these substances may be known by trade or other names:
570 phenyl-2-propanone; P2P; benzyl methyl ketone; and methyl benzyl ketone.
571 (vi) Nabilone, another name for nabilone:
572 (.)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy-6,
573 6-dimethyl-9H-dibenzo[b,d]pyran-9-one.
574 (c) Schedule III:
575 (i) Unless specifically excepted or unless listed in another schedule, any material,
576 compound, mixture, or preparation which contains any quantity of the following substances
577 having a stimulant effect on the central nervous system, including its salts, isomers whether
578 optical, position, or geometric, and salts of the isomers when the existence of the salts, isomers,
579 and salts of isomers is possible within the specific chemical designation:
580 (A) Those compounds, mixtures, or preparations in dosage unit form containing any
581 stimulant substances listed in Schedule II, which compounds, mixtures, or preparations were
582 listed on August 25, 1971, as excepted compounds under Section 1308.32 of Title 21 of the
583 Code of Federal Regulations, and any other drug of the quantitive composition shown in that
584 list for those drugs or which is the same except that it contains a lesser quantity of controlled
585 substances;
586 (B) Benzphetamine;
587 (C) Chlorphentermine;
588 (D) Clortermine; and
589 (E) Phendimetrazine.
590 (ii) Unless specifically excepted or unless listed in another schedule, any material,
591 compound, mixture, or preparation which contains any quantity of the following substances
592 having a depressant effect on the central nervous system:
593 (A) Any compound, mixture, or preparation containing amobarbital, secobarbital,
594 pentobarbital, or any salt of any of them, and one or more other active medicinal ingredients
595 which are not listed in any schedule;
596 (B) Any suppository dosage form containing amobarbital, secobarbital, or
597 pentobarbital, or any salt of any of these drugs which is approved by the Food and Drug
598 Administration for marketing only as a suppository;
599 (C) Any substance which contains any quantity of a derivative of barbituric acid or any
600 salt of any of them;
601 (D) Chlorhexadol;
602 (E) Buprenorphine;
603 (F) Any drug product containing gamma hydroxybutyric acid, including its salts,
604 isomers, and salts of isomers, for which an application is approved under the federal Food,
605 Drug, and Cosmetic Act, Section 505;
606 (G) Ketamine, its salts, isomers, and salts of isomers, some other names for ketamine:
607 . -2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone;
608 (H) Lysergic acid;
609 (I) Lysergic acid amide;
610 (J) Methyprylon;
611 (K) Sulfondiethylmethane;
612 (L) Sulfonethylmethane;
613 (M) Sulfonmethane; and
614 (N) Tiletamine and zolazepam or any of their salts, some trade or other names for a
615 tiletamine-zolazepam combination product: Telazol, some trade or other names for tiletamine:
616 2-(ethylamino)-2-(2-thienyl)-cyclohexanone, some trade or other names for zolazepam:
617 4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-[3,4-e] [1,4]-diazepin-7(1H)-one,
618 flupyrazapon.
619 (iii) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a
620 U.S. Food and Drug Administration approved drug product, some other names for dronabinol:
621 (6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol, or
622 (-)-delta-9-(trans)-tetrahydrocannabinol.
623 (iv) Nalorphine.
624 (v) Unless specifically excepted or unless listed in another schedule, any material,
625 compound, mixture, or preparation containing limited quantities of any of the following
626 narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid:
627 (A) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90
628 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of
629 opium;
630 (B) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90
631 milligrams per dosage unit, with one or more active non-narcotic ingredients in recognized
632 therapeutic amounts;
633 (C) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more
634 than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline
635 alkaloid of opium;
636 (D) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more
637 than 15 milligrams per dosage unit, with one or more active, non-narcotic ingredients in
638 recognized therapeutic amounts;
639 (E) Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90
640 milligrams per dosage unit, with one or more active non-narcotic ingredients in recognized
641 therapeutic amounts;
642 (F) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more
643 than 15 milligrams per dosage unit, with one or more active, non-narcotic ingredients in
644 recognized therapeutic amounts;
645 (G) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not
646 more than 25 milligrams per dosage unit, with one or more active, non-narcotic ingredients in
647 recognized therapeutic amounts; and
648 (H) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with
649 one or more active, non-narcotic ingredients in recognized therapeutic amounts.
650 (vi) Unless specifically excepted or unless listed in another schedule, anabolic steroids
651 including any of the following or any isomer, ester, salt, or derivative of the following that
652 promotes muscle growth:
653 (A) Boldenone;
654 (B) Chlorotestosterone (4-chlortestosterone);
655 (C) Clostebol;
656 (D) Dehydrochlormethyltestosterone;
657 (E) Dihydrotestosterone (4-dihydrotestosterone);
658 (F) Drostanolone;
659 (G) Ethylestrenol;
660 (H) Fluoxymesterone;
661 (I) Formebulone (formebolone);
662 (J) Mesterolone;
663 (K) Methandienone;
664 (L) Methandranone;
665 (M) Methandriol;
666 (N) Methandrostenolone;
667 (O) Methenolone;
668 (P) Methyltestosterone;
669 (Q) Mibolerone;
670 (R) Nandrolone;
671 (S) Norethandrolone;
672 (T) Oxandrolone;
673 (U) Oxymesterone;
674 (V) Oxymetholone;
675 (W) Stanolone;
676 (X) Stanozolol;
677 (Y) Testolactone;
678 (Z) Testosterone; and
679 (AA) Trenbolone.
680 (vii) Anabolic steroids expressly intended for administration through implants to cattle
681 or other nonhuman species, and approved by the Secretary of Health and Human Services for
682 use, may not be classified as a controlled substance.
683 (d) Schedule IV:
684 (i) Unless specifically excepted or unless listed in another schedule, any material,
685 compound, mixture, or preparation containing not more than 1 milligram of difenoxin and not
686 less than 25 micrograms of atropine sulfate per dosage unit, or any salts of any of them.
687 (ii) Unless specifically excepted or unless listed in another schedule, any material,
688 compound, mixture, or preparation which contains any quantity of the following substances,
689 including its salts, isomers, and salts of isomers when the existence of the salts, isomers, and
690 salts of isomers is possible within the specific chemical designation:
691 (A) Alprazolam;
692 (B) Barbital;
693 (C) Bromazepam;
694 (D) Butorphanol;
695 (E) Camazepam;
696 (F) Carisoprodol;
697 (G) Chloral betaine;
698 (H) Chloral hydrate;
699 (I) Chlordiazepoxide;
700 (J) Clobazam;
701 (K) Clonazepam;
702 (L) Clorazepate;
703 (M) Clotiazepam;
704 (N) Cloxazolam;
705 (O) Delorazepam;
706 (P) Diazepam;
707 (Q) Dichloralphenazone;
708 (R) Estazolam;
709 (S) Ethchlorvynol;
710 (T) Ethinamate;
711 (U) Ethyl loflazepate;
712 (V) Fludiazepam;
713 (W) Flunitrazepam;
714 (X) Flurazepam;
715 (Y) Halazepam;
716 (Z) Haloxazolam;
717 (AA) Ketazolam;
718 (BB) Loprazolam;
719 (CC) Lorazepam;
720 (DD) Lormetazepam;
721 (EE) Mebutamate;
722 (FF) Medazepam;
723 (GG) Meprobamate;
724 (HH) Methohexital;
725 (II) Methylphenobarbital (mephobarbital);
726 (JJ) Midazolam;
727 (KK) Nimetazepam;
728 (LL) Nitrazepam;
729 (MM) Nordiazepam;
730 (NN) Oxazepam;
731 (OO) Oxazolam;
732 (PP) Paraldehyde;
733 (QQ) Pentazocine;
734 (RR) Petrichloral;
735 (SS) Phenobarbital;
736 (TT) Pinazepam;
737 (UU) Prazepam;
738 (VV) Quazepam;
739 (WW) Temazepam;
740 (XX) Tetrazepam;
741 (YY) Triazolam;
742 (ZZ) Zaleplon; and
743 (AAA) Zolpidem.
744 (iii) Any material, compound, mixture, or preparation of fenfluramine which contains
745 any quantity of the following substances, including its salts, isomers whether optical, position,
746 or geometric, and salts of the isomers when the existence of the salts, isomers, and salts of
747 isomers is possible.
748 (iv) Unless specifically excepted or unless listed in another schedule, any material,
749 compound, mixture, or preparation which contains any quantity of the following substances
750 having a stimulant effect on the central nervous system, including its salts, isomers whether
751 optical, position, or geometric isomers, and salts of the isomers when the existence of the salts,
752 isomers, and salts of isomers is possible within the specific chemical designation:
753 (A) Cathine ((+)-norpseudoephedrine);
754 (B) Diethylpropion;
755 (C) Fencamfamine;
756 (D) Fenproprex;
757 (E) Mazindol;
758 (F) Mefenorex;
759 (G) Modafinil;
760 (H) Pemoline, including organometallic complexes and chelates thereof;
761 (I) Phentermine;
762 (J) Pipradrol;
763 (K) Sibutramine; and
764 (L) SPA ((-)-1-dimethylamino-1,2-diphenylethane).
765 (v) Unless specifically excepted or unless listed in another schedule, any material,
766 compound, mixture, or preparation which contains any quantity of dextropropoxyphene
767 (alpha-(+)-4-dimethylamino-1, 2-diphenyl-3-methyl-2-propionoxybutane), including its salts.
768 (e) Schedule V: Any compound, mixture, or preparation containing any of the
769 following limited quantities of narcotic drugs, or their salts calculated as the free anhydrous
770 base or alkaloid, which includes one or more non-narcotic active medicinal ingredients in
771 sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal
772 qualities other than those possessed by the narcotic drug alone:
773 (i) not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;
774 (ii) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100
775 grams;
776 (iii) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100
777 grams;
778 (iv) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of
779 atropine sulfate per dosage unit;
780 (v) not more than 100 milligrams of opium per 100 milliliters or per 100 grams;
781 (vi) not more than 0.5 milligram of difenoxin and not less than 25 micrograms of
782 atropine sulfate per dosage unit; and
783 (vii) unless specifically exempted or excluded or unless listed in another schedule, any
784 material, compound, mixture, or preparation which contains Pyrovalerone having a stimulant
785 effect on the central nervous system, including its salts, isomers, and salts of isomers.
786 Section 3. Section 58-37-4.2 is amended to read:
787 58-37-4.2. Listed controlled substances.
788 The following substances, their analogs, homologs, and synthetic equivalents are listed
789 controlled substances:
790 (1) AM-694; 1-[(5-fluoropentyl)-1H-indol-3-yl]-(2-iodophenyl)methanone;
791 (2) AM-2201; 1-(5-fluoropentyl)-3-(1-naphthoyl)indole;
792 [
793 2-[(1R,3S)-3-hydroxycyclohexyl] -5-(2-methyloctan-2-yl)phenol;
794 (4) Fluoromethcathinone;
795 [
796 -6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol;
797 [
798 methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol;
799 [
800 [
801 1-Pentyl-3-(1-naphthoyl)indole};
802 [
803 [
804 1-Butyl-3-(1-naphthoyl)indole};
805 [
806 [
807 [
808 (14) JWH-203; 1-pentyl-3-(2-chlorophenylacetyl)indole;
809 (15) JWH-210; 4-ethyl-1-naphthalenyl(1-pentyl-1H-indol-3-yl)-methanone;
810 [
811 [
812 [
813 (19) RCS-4; 1-pentyl-3-(4-methoxybenzoyl)indole;
814 [
815 known as BTW-8 and SR-18};
816 [
817 [
818 [
819 [
820 [
821 [
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