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7 LONG TITLE
8 General Description:
9 This bill concerns marijuana and tetrahydrocannabinols.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies the definition of "marijuana";
13 ▸ modifies the description of "tetrahydrocannabinols"; and
14 ▸ makes technical and conforming changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 58-37-2, as last amended by Laws of Utah 2020, Chapter 12
22 58-37-4, as last amended by Laws of Utah 2020, Chapter 12
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24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 58-37-2 is amended to read:
26 58-37-2. Definitions.
27 (1) As used in this chapter:
28 (a) "Administer" means the direct application of a controlled substance, whether by
29 injection, inhalation, ingestion, or any other means, to the body of a patient or research subject
30 by:
31 (i) a practitioner or, in the practitioner's presence, by the practitioner's authorized agent;
32 or
33 (ii) the patient or research subject at the direction and in the presence of the
34 practitioner.
35 (b) "Agent" means an authorized person who acts on behalf of or at the direction of a
36 manufacturer, distributor, or practitioner but does not include a motor carrier, public
37 warehouseman, or employee of any of them.
38 (c) "Consumption" means ingesting or having any measurable amount of a controlled
39 substance in a person's body, but this Subsection (1)(c) does not include the metabolite of a
40 controlled substance.
41 (d) "Continuing criminal enterprise" means any individual, sole proprietorship,
42 partnership, corporation, business trust, association, or other legal entity, and any union or
43 groups of individuals associated in fact although not a legal entity, and includes illicit as well
44 as licit entities created or maintained for the purpose of engaging in conduct which constitutes
45 the commission of episodes of activity made unlawful by [
46 Controlled Substances Act, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 37b, Imitation
47 Controlled Substances Act, Chapter 37c, Utah Controlled Substance Precursor Act, or Chapter
48 37d, Clandestine Drug Lab Act, which episodes are not isolated, but have the same or similar
49 purposes, results, participants, victims, methods of commission, or otherwise are interrelated
50 by distinguishing characteristics. Taken together, the episodes shall demonstrate continuing
51 unlawful conduct and be related either to each other or to the enterprise.
52 (e) "Control" means to add, remove, or change the placement of a drug, substance, or
53 immediate precursor under Section 58-37-3.
54 (f) (i) "Controlled substance" means a drug or substance:
55 (A) included in Schedules I, II, III, IV, or V of Section 58-37-4;
56 (B) included in Schedules I, II, III, IV, or V of the federal Controlled Substances Act,
57 Title II, P.L. 91-513;
58 (C) that is a controlled substance analog; or
59 (D) listed in Section 58-37-4.2.
60 (ii) "Controlled substance" does not include:
61 (A) distilled spirits, wine, or malt beverages, as those terms are defined in Title 32B,
62 Alcoholic Beverage Control Act;
63 (B) any drug intended for lawful use in the diagnosis, cure, mitigation, treatment, or
64 prevention of disease in human or other animals, which contains ephedrine, pseudoephedrine,
65 norpseudoephedrine, or phenylpropanolamine if the drug is lawfully purchased, sold,
66 transferred, or furnished as an over-the-counter medication without prescription; or
67 (C) dietary supplements, vitamins, minerals, herbs, or other similar substances
68 including concentrates or extracts, which:
69 (I) are not otherwise regulated by law; and
70 (II) may contain naturally occurring amounts of chemical or substances listed in this
71 chapter, or in rules adopted pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking
72 Act.
73 (g) (i) "Controlled substance analog" means:
74 (A) a substance the chemical structure of which is substantially similar to the chemical
75 structure of a controlled substance listed in Schedules I and II of Section 58-37-4, a substance
76 listed in Section 58-37-4.2, or in Schedules I and II of the federal Controlled Substances Act,
77 Title II, P.L. 91-513;
78 (B) a substance which has a stimulant, depressant, or hallucinogenic effect on the
79 central nervous system substantially similar to the stimulant, depressant, or hallucinogenic
80 effect on the central nervous system of controlled substances listed in Schedules I and II of
81 Section 58-37-4, substances listed in Section 58-37-4.2, or substances listed in Schedules I and
82 II of the federal Controlled Substances Act, Title II, P.L. 91-513; or
83 (C) A substance which, with respect to a particular individual, is represented or
84 intended to have a stimulant, depressant, or hallucinogenic effect on the central nervous system
85 substantially similar to the stimulant, depressant, or hallucinogenic effect on the central
86 nervous system of controlled substances listed in Schedules I and II of Section 58-37-4,
87 substances listed in Section 58-37-4.2, or substances listed in Schedules I and II of the federal
88 Controlled Substances Act, Title II, P.L. 91-513.
89 (ii) "Controlled substance analog" does not include:
90 (A) a controlled substance currently scheduled in Schedules I through V of Section
91 58-37-4;
92 (B) a substance for which there is an approved new drug application;
93 (C) a substance with respect to which an exemption is in effect for investigational use
94 by a particular person under Section 505 of the Food, Drug, and Cosmetic Act, 21 U.S.C. 355,
95 to the extent the conduct with respect to the substance is permitted by the exemption;
96 (D) any substance to the extent not intended for human consumption before an
97 exemption takes effect with respect to the substance;
98 (E) any drug intended for lawful use in the diagnosis, cure, mitigation, treatment, or
99 prevention of disease in man or other animals, which contains ephedrine, pseudoephedrine,
100 norpseudoephedrine, or phenylpropanolamine if the drug is lawfully purchased, sold,
101 transferred, or furnished as an over-the-counter medication without prescription; or
102 (F) dietary supplements, vitamins, minerals, herbs, or other similar substances
103 including concentrates or extracts, which are not otherwise regulated by law, which may
104 contain naturally occurring amounts of chemical or substances listed in this chapter, or in rules
105 adopted pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
106 (h) (i) "Conviction" means a determination of guilt by verdict, whether jury or bench,
107 or plea, whether guilty or no contest, for any offense proscribed by:
108 (A) Chapter 37, Utah Controlled Substances Act;
109 (B) Chapter 37a, Utah Drug Paraphernalia Act;
110 (C) Chapter 37b, Imitation Controlled Substances Act;
111 (D) Chapter 37c, Utah Controlled Substance Precursor Act; or
112 (E) Chapter 37d, Clandestine Drug Lab Act; or
113 (ii) for any offense under the laws of the United States and any other state which, if
114 committed in this state, would be an offense under:
115 (A) Chapter 37, Utah Controlled Substances Act;
116 (B) Chapter 37a, Utah Drug Paraphernalia Act;
117 (C) Chapter 37b, Imitation Controlled Substances Act;
118 (D) Chapter 37c, Utah Controlled Substance Precursor Act; or
119 (E) Chapter 37d, Clandestine Drug Lab Act.
120 (i) "Counterfeit substance" means:
121 (i) any controlled substance or container or labeling of any controlled substance that:
122 (A) without authorization bears the trademark, trade name, or other identifying mark,
123 imprint, number, device, or any likeness of them, of a manufacturer, distributor, or dispenser
124 other than the person or persons who in fact manufactured, distributed, or dispensed the
125 substance which falsely purports to be a controlled substance distributed by any other
126 manufacturer, distributor, or dispenser; and
127 (B) a reasonable person would believe to be a controlled substance distributed by an
128 authorized manufacturer, distributor, or dispenser based on the appearance of the substance as
129 described under Subsection (1)(i)(i)(A) or the appearance of the container of that controlled
130 substance; or
131 (ii) any substance other than under Subsection (1)(i)(i) that:
132 (A) is falsely represented to be any legally or illegally manufactured controlled
133 substance; and
134 (B) a reasonable person would believe to be a legal or illegal controlled substance.
135 (j) "Deliver" or "delivery" means the actual, constructive, or attempted transfer of a
136 controlled substance or a listed chemical, whether or not an agency relationship exists.
137 (k) "Department" means the Department of Commerce.
138 (l) "Depressant or stimulant substance" means:
139 (i) a drug which contains any quantity of barbituric acid or any of the salts of barbituric
140 acid;
141 (ii) a drug which contains any quantity of:
142 (A) amphetamine or any of its optical isomers;
143 (B) any salt of amphetamine or any salt of an optical isomer of amphetamine; or
144 (C) any substance which the Secretary of Health and Human Services or the Attorney
145 General of the United States after investigation has found and by regulation designated
146 habit-forming because of its stimulant effect on the central nervous system;
147 (iii) lysergic acid diethylamide; or
148 (iv) any drug which contains any quantity of a substance which the Secretary of Health
149 and Human Services or the Attorney General of the United States after investigation has found
150 to have, and by regulation designated as having, a potential for abuse because of its depressant
151 or stimulant effect on the central nervous system or its hallucinogenic effect.
152 (m) "Dispense" means the delivery of a controlled substance by a pharmacist to an
153 ultimate user pursuant to the lawful order or prescription of a practitioner, and includes
154 distributing to, leaving with, giving away, or disposing of that substance as well as the
155 packaging, labeling, or compounding necessary to prepare the substance for delivery.
156 (n) "Dispenser" means a pharmacist who dispenses a controlled substance.
157 (o) "Distribute" means to deliver other than by administering or dispensing a controlled
158 substance or a listed chemical.
159 (p) "Distributor" means a person who distributes controlled substances.
160 (q) "Division" means the Division of Occupational and Professional Licensing created
161 in Section 58-1-103.
162 (r) (i) "Drug" means:
163 (A) a substance recognized in the official United States Pharmacopoeia, Official
164 Homeopathic Pharmacopoeia of the United States, or Official National Formulary, or any
165 supplement to any of them, intended for use in the diagnosis, cure, mitigation, treatment, or
166 prevention of disease in humans or animals;
167 (B) a substance that is required by any applicable federal or state law or rule to be
168 dispensed by prescription only or is restricted to administration by practitioners only;
169 (C) a substance other than food intended to affect the structure or any function of the
170 body of humans or other animals; and
171 (D) substances intended for use as a component of any substance specified in
172 Subsections (1)(r)(i)(A), (B), and (C).
173 (ii) "Drug" does not include dietary supplements.
174 (s) "Drug dependent person" means any individual who unlawfully and habitually uses
175 any controlled substance to endanger the public morals, health, safety, or welfare, or who is so
176 dependent upon the use of controlled substances as to have lost the power of self-control with
177 reference to the individual's dependency.
178 (t) "Food" means:
179 (i) any nutrient or substance of plant, mineral, or animal origin other than a drug as
180 specified in this chapter, and normally ingested by human beings; and
181 (ii) foods for special dietary uses as exist by reason of a physical, physiological,
182 pathological, or other condition including but not limited to the conditions of disease,
183 convalescence, pregnancy, lactation, allergy, hypersensitivity to food, underweight, and
184 overweight; uses for supplying a particular dietary need which exist by reason of age including
185 but not limited to the ages of infancy and childbirth, and also uses for supplementing and for
186 fortifying the ordinary or unusual diet with any vitamin, mineral, or other dietary property for
187 use of a food. Any particular use of a food is a special dietary use regardless of the nutritional
188 purposes.
189 (u) "Immediate precursor" means a substance which the Attorney General of the United
190 States has found to be, and by regulation designated as being, the principal compound used or
191 produced primarily for use in the manufacture of a controlled substance, or which is an
192 immediate chemical intermediary used or likely to be used in the manufacture of a controlled
193 substance, the control of which is necessary to prevent, curtail, or limit the manufacture of the
194 controlled substance.
195 (v) "Indian" means a member of an Indian tribe.
196 (w) "Indian religion" means any religion:
197 (i) the origin and interpretation of which is from within a traditional Indian culture or
198 community; and
199 (ii) which is practiced by Indians.
200 (x) "Indian tribe" means any tribe, band, nation, pueblo, or other organized group or
201 community of Indians, including any Alaska Native village, which is legally recognized as
202 eligible for and is consistent with the special programs, services, and entitlements provided by
203 the United States to Indians because of their status as Indians.
204 (y) "Manufacture" means the production, preparation, propagation, compounding, or
205 processing of a controlled substance, either directly or indirectly by extraction from substances
206 of natural origin, or independently by means of chemical synthesis or by a combination of
207 extraction and chemical synthesis.
208 (z) "Manufacturer" includes any person who packages, repackages, or labels any
209 container of any controlled substance, except pharmacists who dispense or compound
210 prescription orders for delivery to the ultimate consumer.
211 (aa) (i) "Marijuana" means all species of the genus cannabis and all parts of the genus,
212 whether growing or not, including:
213 (A) seeds;
214 (B) resin extracted from any part of the plant, including the resin extracted from the
215 mature stalks;
216 (C) every compound, manufacture, salt, derivative, mixture, or preparation of the plant,
217 seeds, or resin; [
218 (D) any synthetic equivalents of the substances contained in the plant cannabis sativa
219 or any other species of the genus cannabis which are chemically indistinguishable and
220 pharmacologically active[
221 (E) any component part or cannabinoid extracted or isolated from the plant, including
222 extracted or isolated tetrahydrocannabinols.
223 (ii) "Marijuana" does not include:
224 (A) the mature stalks of the plant;
225 (B) fiber produced from the stalks;
226 (C) oil or cake made from the seeds of the plant;
227 (D) except as provided in Subsection (1)(aa)(i), any other compound, manufacture,
228 salt, derivative, mixture, or preparation of the mature stalks, fiber, oil or cake;
229 (E) the sterilized seed of the plant which is incapable of germination; or
230 (F) any compound, mixture, or preparation approved by the federal Food and Drug
231 Administration under the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.
232 that is not listed in a schedule of controlled substances in Section 58-27-4 or in the federal
233 Controlled Substances Act, Title II, P.L. 91-513.
234 (bb) "Money" means officially issued coin and currency of the United States or any
235 foreign country.
236 (cc) "Narcotic drug" means any of the following, whether produced directly or
237 indirectly by extraction from substances of vegetable origin, or independently by means of
238 chemical synthesis, or by a combination of extraction and chemical synthesis:
239 (i) opium, coca leaves, and opiates;
240 (ii) a compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or
241 opiates;
242 (iii) opium poppy and poppy straw; or
243 (iv) a substance, and any compound, manufacture, salt, derivative, or preparation of the
244 substance, which is chemically identical with any of the substances referred to in Subsection
245 (1)(cc)(i), (ii), or (iii), except narcotic drug does not include decocainized coca leaves or
246 extracts of coca leaves which do not contain cocaine or ecgonine.
247 (dd) "Negotiable instrument" means documents, containing an unconditional promise
248 to pay a sum of money, which are legally transferable to another party by endorsement or
249 delivery.
250 (ee) "Opiate" means any drug or other substance having an addiction-forming or
251 addiction-sustaining liability similar to morphine or being capable of conversion into a drug
252 having addiction-forming or addiction-sustaining liability.
253 (ff) "Opium poppy" means the plant of the species papaver somniferum L., except the
254 seeds of the plant.
255 (gg) "Person" means any corporation, association, partnership, trust, other institution or
256 entity or one or more individuals.
257 (hh) "Poppy straw" means all parts, except the seeds, of the opium poppy, after
258 mowing.
259 (ii) "Possession" or "use" means the joint or individual ownership, control, occupancy,
260 holding, retaining, belonging, maintaining, or the application, inhalation, swallowing, injection,
261 or consumption, as distinguished from distribution, of controlled substances and includes
262 individual, joint, or group possession or use of controlled substances. For a person to be a
263 possessor or user of a controlled substance, it is not required that the person be shown to have
264 individually possessed, used, or controlled the substance, but it is sufficient if it is shown that
265 the person jointly participated with one or more persons in the use, possession, or control of
266 any substances with knowledge that the activity was occurring, or the controlled substance is
267 found in a place or under circumstances indicating that the person had the ability and the intent
268 to exercise dominion and control over it.
269 (jj) "Practitioner" means a physician, dentist, naturopathic physician, veterinarian,
270 pharmacist, scientific investigator, pharmacy, hospital, or other person licensed, registered, or
271 otherwise permitted to distribute, dispense, conduct research with respect to, administer, or use
272 in teaching or chemical analysis a controlled substance in the course of professional practice or
273 research in this state.
274 (kk) "Prescribe" means to issue a prescription:
275 (i) orally or in writing; or
276 (ii) by telephone, facsimile transmission, computer, or other electronic means of
277 communication as defined by division rule.
278 (ll) "Prescription" means an order issued:
279 (i) by a licensed practitioner, in the course of that practitioner's professional practice or
280 by collaborative pharmacy practice agreement; and
281 (ii) for a controlled substance or other prescription drug or device for use by a patient
282 or an animal.
283 (mm) "Production" means the manufacture, planting, cultivation, growing, or
284 harvesting of a controlled substance.
285 (nn) "Securities" means any stocks, bonds, notes, or other evidences of debt or of
286 property.
287 (oo) "State" means the state of Utah.
288 (pp) "Ultimate user" means any person who lawfully possesses a controlled substance
289 for the person's own use, for the use of a member of the person's household, or for
290 administration to an animal owned by the person or a member of the person's household.
291 (2) If a term used in this chapter is not defined, the definition and terms of Title 76,
292 Utah Criminal Code, shall apply.
293 Section 2. Section 58-37-4 is amended to read:
294 58-37-4. Schedules of controlled substances -- Schedules I through V -- Findings
295 required -- Specific substances included in schedules.
296 (1) There are established five schedules of controlled substances known as Schedules I,
297 II, III, IV, and V which consist of substances listed in this section.
298 (2) Schedules I, II, III, IV, and V consist of the following drugs or other substances by
299 the official name, common or usual name, chemical name, or brand name designated:
300 (a) Schedule I:
301 (i) Unless specifically excepted or unless listed in another schedule, any of the
302 following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and
303 ethers, when the existence of the isomers, esters, ethers, and salts is possible within the specific
304 chemical designation:
305 (A) Acetyl-alpha-methylfentanyl
306 (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);
307 (B) Acetyl fentanyl: (N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide);
308 (C) Acetylmethadol;
309 (D) Acryl fentanyl (N-(1-Phenethylpiperidin-4-yl)-N-phenylacrylamide);
310 (E) Allylprodine;
311 (F) Alphacetylmethadol, except levo-alphacetylmethadol also known as
312 levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM;
313 (G) Alphameprodine;
314 (H) Alphamethadol;
315 (I) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl]
316 propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);
317 (J) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-
318 piperidinyl]-N-phenylpropanamide);
319 (K) Benzylpiperazine;
320 (L) Benzethidine;
321 (M) Betacetylmethadol;
322 (N) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-
323 piperidinyl]-N-phenylpropanamide);
324 (O) Beta-hydroxy-3-methylfentanyl, other name: N-[1-(2-hydroxy-2-
325 phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide;
326 (P) Betameprodine;
327 (Q) Betamethadol;
328 (R) Betaprodine;
329 (S) Butyryl fentanyl (N-(1-(2-phenylethyl)-4-piperidinyl)-N-phenylbutyramide);
330 (T) Clonitazene;
331 (U) Cyclopropyl fentanyl
332 (N-(1-Phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide);
333 (V) Dextromoramide;
334 (W) Diampromide;
335 (X) Diethylthiambutene;
336 (Y) Difenoxin;
337 (Z) Dimenoxadol;
338 (AA) Dimepheptanol;
339 (BB) Dimethylthiambutene;
340 (CC) Dioxaphetyl butyrate;
341 (DD) Dipipanone;
342 (EE) Ethylmethylthiambutene;
343 (FF) Etizolam
344 (1-Methyl-6-o-chlorophenyl-8-ethyl-4H-s-triazolo[3,4-c]thieno[2,3-e]1,4-diazepine);
345 (GG) Etonitazene;
346 (HH) Etoxeridine;
347 (II) Furanyl fentanyl (N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]
348 furan-2-carboxamide);
349 (JJ) Furethidine;
350 (KK) Hydroxypethidine;
351 (LL) Ketobemidone;
352 (MM) Levomoramide;
353 (NN) Levophenacylmorphan;
354 (OO) Methoxyacetyl fentanyl
355 (2-Methoxy-N-(1-phenylethylpiperidinyl-4-yl)-N-acetamide);
356 (PP) Morpheridine;
357 (QQ) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
358 (RR) Noracymethadol;
359 (SS) Norlevorphanol;
360 (TT) Normethadone;
361 (UU) Norpipanone;
362 (VV) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4- piperidinyl]
363 propanamide);
364 (WW) Para-fluoroisobutyryl fentanyl
365 (N-(4-Fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide);
366 (XX) PEPAP (1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);
367 (YY) Phenadoxone;
368 (ZZ) Phenampromide;
369 (AAA) Phenomorphan;
370 (BBB) Phenoperidine;
371 (CCC) Piritramide;
372 (DDD) Proheptazine;
373 (EEE) Properidine;
374 (FFF) Propiram;
375 (GGG) Racemoramide;
376 (HHH) Tetrahydrofuran fentanyl
377 (N-(1-Phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide);
378 (III) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]- propanamide;
379 (JJJ) Tilidine;
380 (KKK) Trimeperidine;
381 (LLL) 3-methylfentanyl, including the optical and geometric isomers
382 (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]- N-phenylpropanamide);
383 (MMM) 3-methylthiofentanyl
384 (N-[(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
385 (NNN) 3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide also
386 known as U-47700; and
387 (OOO) 4-cyano CUMYL-BUTINACA.
388 (ii) Unless specifically excepted or unless listed in another schedule, any of the
389 following opium derivatives, their salts, isomers, and salts of isomers when the existence of the
390 salts, isomers, and salts of isomers is possible within the specific chemical designation:
391 (A) Acetorphine;
392 (B) Acetyldihydrocodeine;
393 (C) Benzylmorphine;
394 (D) Codeine methylbromide;
395 (E) Codeine-N-Oxide;
396 (F) Cyprenorphine;
397 (G) Desomorphine;
398 (H) Dihydromorphine;
399 (I) Drotebanol;
400 (J) Etorphine (except hydrochloride salt);
401 (K) Heroin;
402 (L) Hydromorphinol;
403 (M) Methyldesorphine;
404 (N) Methylhydromorphine;
405 (O) Morphine methylbromide;
406 (P) Morphine methylsulfonate;
407 (Q) Morphine-N-Oxide;
408 (R) Myrophine;
409 (S) Nicocodeine;
410 (T) Nicomorphine;
411 (U) Normorphine;
412 (V) Pholcodine; and
413 (W) Thebacon.
414 (iii) Unless specifically excepted or unless listed in another schedule, any material,
415 compound, mixture, or preparation which contains any quantity of the following hallucinogenic
416 substances, or which contains any of their salts, isomers, and salts of isomers when the
417 existence of the salts, isomers, and salts of isomers is possible within the specific chemical
418 designation; as used in this Subsection (2)(a)(iii) only, "isomer" includes the optical, position,
419 and geometric isomers:
420 (A) Alpha-ethyltryptamine, some trade or other names: etryptamine; Monase;
421 α-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; α-ET; and AET;
422 (B) 4-bromo-2,5-dimethoxy-amphetamine, some trade or other names:
423 4-bromo-2,5-dimethoxy-α-methylphenethylamine; 4-bromo-2,5-DMA;
424 (C) 4-bromo-2,5-dimethoxyphenethylamine, some trade or other names:
425 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB; 2C-B, Nexus;
426 (D) 2,5-dimethoxyamphetamine, some trade or other names:
427 2,5-dimethoxy-α-methylphenethylamine; 2,5-DMA;
428 (E) 2,5-dimethoxy-4-ethylamphetamine, some trade or other names: DOET;
429 (F) 4-methoxyamphetamine, some trade or other names:
430 4-methoxy-α-methylphenethylamine; paramethoxyamphetamine, PMA;
431 (G) 5-methoxy-3,4-methylenedioxyamphetamine;
432 (H) 4-methyl-2,5-dimethoxy-amphetamine, some trade and other names:
433 4-methyl-2,5-dimethoxy-α-methylphenethylamine; "DOM"; and "STP";
434 (I) 3,4-methylenedioxy amphetamine;
435 (J) 3,4-methylenedioxymethamphetamine (MDMA);
436 (K) 3,4-methylenedioxy-N-ethylamphetamine, also known as N-ethyl-
437 alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl MDA, MDE, MDEA;
438 (L) N-hydroxy-3,4-methylenedioxyamphetamine, also known as
439 N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine, and N-hydroxy MDA;
440 (M) 3,4,5-trimethoxy amphetamine;
441 (N) Bufotenine, some trade and other names:
442 3-(β-Dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)-5-indolol; N,
443 N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine;
444 (O) Diethyltryptamine, some trade and other names: N,N-Diethyltryptamine; DET;
445 (P) Dimethyltryptamine, some trade or other names: DMT;
446 (Q) Ibogaine, some trade and other names:
447 7-Ethyl-6,6β,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-5H-pyrido [1', 2':1,2] azepino
448 [5,4-b] indole; Tabernanthe iboga;
449 (R) Lysergic acid diethylamide;
450 (S) Marijuana;
451 (T) Mescaline;
452 (U) Parahexyl, some trade or other names:
453 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran; Synhexyl;
454 (V) Peyote, meaning all parts of the plant presently classified botanically as
455 Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any extract from
456 any part of such plant, and every compound, manufacture, salts, derivative, mixture, or
457 preparation of such plant, its seeds or extracts (Interprets 21 USC 812(c), Schedule I(c) (12));
458 (W) N-ethyl-3-piperidyl benzilate;
459 (X) N-methyl-3-piperidyl benzilate;
460 (Y) Psilocybin;
461 (Z) Psilocyn;
462 (AA) Tetrahydrocannabinols, naturally contained in a plant of the genus Cannabis
463 (cannabis plant), except for marijuana as defined in Section 58-37-2(1)(aa)(i)(E), as well as
464 synthetic equivalents of the substances contained in the cannabis plant, or in the resinous
465 extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with
466 similar chemical structure and pharmacological activity to those substances contained in the
467 plant, such as the following: Δ1 cis or trans tetrahydrocannabinol, and their optical isomers Δ6
468 cis or trans tetrahydrocannabinol, and their optical isomers Δ3,4 cis or trans
469 tetrahydrocannabinol, and its optical isomers, and since nomenclature of these substances is not
470 internationally standardized, compounds of these structures, regardless of numerical
471 designation of atomic positions covered;
472 (BB) Ethylamine analog of phencyclidine, some trade or other names:
473 N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl)ethylamine,
474 N-(1-phenylcyclohexyl)ethylamine, cyclohexamine, PCE;
475 (CC) Pyrrolidine analog of phencyclidine, some trade or other names:
476 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP;
477 (DD) Thiophene analog of phencyclidine, some trade or other names:
478 1-[1-(2-thienyl)-cyclohexyl]-piperidine, 2-thienylanalog of phencyclidine, TPCP, TCP; and
479 (EE) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine, some other names: TCPy.
480 (iv) Unless specifically excepted or unless listed in another schedule, any material
481 compound, mixture, or preparation which contains any quantity of the following substances
482 having a depressant effect on the central nervous system, including its salts, isomers, and salts
483 of isomers when the existence of the salts, isomers, and salts of isomers is possible within the
484 specific chemical designation:
485 (A) Mecloqualone; and
486 (B) Methaqualone.
487 (v) Any material, compound, mixture, or preparation containing any quantity of the
488 following substances having a stimulant effect on the central nervous system, including their
489 salts, isomers, and salts of isomers:
490 (A) Aminorex, some other names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; or
491 4,5-dihydro-5-phenyl-2-oxazolamine;
492 (B) Cathinone, some trade or other names: 2-amino-1-phenyl-1-propanone,
493 alpha-aminopropiophenone, 2-aminopropiophenone, and norephedrone;
494 (C) Fenethylline;
495 (D) Methcathinone, some other names: 2-(methylamino)-propiophenone;
496 alpha-(methylamino)propiophenone; 2-(methylamino)-1-phenylpropan-1-one;
497 alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone; N-methylcathinone;
498 methylcathinone; AL-464; AL-422; AL-463 and UR1432, its salts, optical isomers, and salts of
499 optical isomers;
500 (E) (±)cis-4-methylaminorex ((±)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);
501 (F) N-ethylamphetamine; and
502 (G) N,N-dimethylamphetamine, also known as
503 N,N-alpha-trimethyl-benzeneethanamine; N,N-alpha-trimethylphenethylamine.
504 (vi) Any material, compound, mixture, or preparation which contains any quantity of
505 the following substances, including their optical isomers, salts, and salts of isomers, subject to
506 temporary emergency scheduling:
507 (A) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl); and
508 (B) N-[1- (2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl).
509 (vii) Unless specifically excepted or unless listed in another schedule, any material,
510 compound, mixture, or preparation which contains any quantity of gamma hydroxy butyrate
511 (gamma hydrobutyric acid), including its salts, isomers, and salts of isomers.
512 (b) Schedule II:
513 (i) Unless specifically excepted or unless listed in another schedule, any of the
514 following substances whether produced directly or indirectly by extraction from substances of
515 vegetable origin, or independently by means of chemical synthesis, or by a combination of
516 extraction and chemical synthesis:
517 (A) Opium and opiate, and any salt, compound, derivative, or preparation of opium or
518 opiate, excluding apomorphine, dextrorphan, nalbuphine, nalmefene, naloxone, and naltrexone,
519 and their respective salts, but including:
520 (I) Raw opium;
521 (II) Opium extracts;
522 (III) Opium fluid;
523 (IV) Powdered opium;
524 (V) Granulated opium;
525 (VI) Tincture of opium;
526 (VII) Codeine;
527 (VIII) Ethylmorphine;
528 (IX) Etorphine hydrochloride;
529 (X) Hydrocodone;
530 (XI) Hydromorphone;
531 (XII) Metopon;
532 (XIII) Morphine;
533 (XIV) Oxycodone;
534 (XV) Oxymorphone; and
535 (XVI) Thebaine;
536 (B) Any salt, compound, derivative, or preparation which is chemically equivalent or
537 identical with any of the substances referred to in Subsection (2)(b)(i)(A), except that these
538 substances may not include the isoquinoline alkaloids of opium;
539 (C) Opium poppy and poppy straw;
540 (D) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and
541 any salt, compound, derivative, or preparation which is chemically equivalent or identical with
542 any of these substances, and includes cocaine and ecgonine, their salts, isomers, derivatives,
543 and salts of isomers and derivatives, whether derived from the coca plant or synthetically
544 produced, except the substances may not include decocainized coca leaves or extraction of coca
545 leaves, which extractions do not contain cocaine or ecgonine; and
546 (E) Concentrate of poppy straw, which means the crude extract of poppy straw in either
547 liquid, solid, or powder form which contains the phenanthrene alkaloids of the opium poppy.
548 (ii) Unless specifically excepted or unless listed in another schedule, any of the
549 following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and
550 ethers, when the existence of the isomers, esters, ethers, and salts is possible within the specific
551 chemical designation, except dextrorphan and levopropoxyphene:
552 (A) Alfentanil;
553 (B) Alphaprodine;
554 (C) Anileridine;
555 (D) Bezitramide;
556 (E) Bulk dextropropoxyphene (nondosage forms);
557 (F) Carfentanil;
558 (G) Dihydrocodeine;
559 (H) Diphenoxylate;
560 (I) Fentanyl;
561 (J) Isomethadone;
562 (K) Levo-alphacetylmethadol, some other names: levo-alpha-acetylmethadol,
563 levomethadyl acetate, or LAAM;
564 (L) Levomethorphan;
565 (M) Levorphanol;
566 (N) Metazocine;
567 (O) Methadone;
568 (P) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
569 (Q) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic
570 acid;
571 (R) Pethidine (meperidine);
572 (S) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;
573 (T) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
574 (U) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
575 (V) Phenazocine;
576 (W) Piminodine;
577 (X) Racemethorphan;
578 (Y) Racemorphan;
579 (Z) Remifentanil; and
580 (AA) Sufentanil.
581 (iii) Unless specifically excepted or unless listed in another schedule, any material,
582 compound, mixture, or preparation which contains any quantity of the following substances
583 having a stimulant effect on the central nervous system:
584 (A) Amphetamine, its salts, optical isomers, and salts of its optical isomers;
585 (B) Methamphetamine, its salts, isomers, and salts of its isomers;
586 (C) Phenmetrazine and its salts; and
587 (D) Methylphenidate.
588 (iv) Unless specifically excepted or unless listed in another schedule, any material,
589 compound, mixture, or preparation which contains any quantity of the following substances
590 having a depressant effect on the central nervous system, including its salts, isomers, and salts
591 of isomers when the existence of the salts, isomers, and salts of isomers is possible within the
592 specific chemical designation:
593 (A) Amobarbital;
594 (B) Glutethimide;
595 (C) Pentobarbital;
596 (D) Phencyclidine;
597 (E) Phencyclidine immediate precursors: 1-phenylcyclohexylamine and
598 1-piperidinocyclohexanecarbonitrile (PCC); and
599 (F) Secobarbital.
600 (v) (A) Unless specifically excepted or unless listed in another schedule, any material,
601 compound, mixture, or preparation which contains any quantity of Phenylacetone.
602 (B) Some of these substances may be known by trade or other names:
603 phenyl-2-propanone; P2P; benzyl methyl ketone; and methyl benzyl ketone.
604 (vi) Nabilone, another name for nabilone:
605 (±)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy-6,
606 6-dimethyl-9H-dibenzo[b,d]pyran-9-one.
607 (vii) A drug product or preparation that contains any component of marijuana,
608 including tetrahydrocannabinol, and is approved by the United States Food and Drug
609 Administration and scheduled by the Drug Enforcement Administration in Schedule II of the
610 federal Controlled Substances Act, Title II, P.L. 91-513.
611 (c) Schedule III:
612 (i) Unless specifically excepted or unless listed in another schedule, any material,
613 compound, mixture, or preparation which contains any quantity of the following substances
614 having a stimulant effect on the central nervous system, including its salts, isomers whether
615 optical, position, or geometric, and salts of the isomers when the existence of the salts, isomers,
616 and salts of isomers is possible within the specific chemical designation:
617 (A) Those compounds, mixtures, or preparations in dosage unit form containing any
618 stimulant substances listed in Schedule II, which compounds, mixtures, or preparations were
619 listed on August 25, 1971, as excepted compounds under Section 1308.32 of Title 21 of the
620 Code of Federal Regulations, and any other drug of the quantitive composition shown in that
621 list for those drugs or which is the same except that it contains a lesser quantity of controlled
622 substances;
623 (B) Benzphetamine;
624 (C) Chlorphentermine;
625 (D) Clortermine; and
626 (E) Phendimetrazine.
627 (ii) Unless specifically excepted or unless listed in another schedule, any material,
628 compound, mixture, or preparation which contains any quantity of the following substances
629 having a depressant effect on the central nervous system:
630 (A) Any compound, mixture, or preparation containing amobarbital, secobarbital,
631 pentobarbital, or any salt of any of them, and one or more other active medicinal ingredients
632 which are not listed in any schedule;
633 (B) Any suppository dosage form containing amobarbital, secobarbital, or
634 pentobarbital, or any salt of any of these drugs which is approved by the Food and Drug
635 Administration for marketing only as a suppository;
636 (C) Any substance which contains any quantity of a derivative of barbituric acid or any
637 salt of any of them;
638 (D) Chlorhexadol;
639 (E) Buprenorphine;
640 (F) Any drug product containing gamma hydroxybutyric acid, including its salts,
641 isomers, and salts of isomers, for which an application is approved under the federal Food,
642 Drug, and Cosmetic Act, Section 505;
643 (G) Ketamine, its salts, isomers, and salts of isomers, some other names for ketamine:
644 ± -2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone;
645 (H) Lysergic acid;
646 (I) Lysergic acid amide;
647 (J) Methyprylon;
648 (K) Sulfondiethylmethane;
649 (L) Sulfonethylmethane;
650 (M) Sulfonmethane; and
651 (N) Tiletamine and zolazepam or any of their salts, some trade or other names for a
652 tiletamine-zolazepam combination product: Telazol, some trade or other names for tiletamine:
653 2-(ethylamino)-2-(2-thienyl)-cyclohexanone, some trade or other names for zolazepam:
654 4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-[3,4-e] [1,4]-diazepin-7(1H)-one,
655 flupyrazapon.
656 (iii) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a
657 U.S. Food and Drug Administration approved drug product, some other names for dronabinol:
658 (6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol, or
659 (-)-delta-9-(trans)-tetrahydrocannabinol.
660 (iv) Nalorphine.
661 (v) Unless specifically excepted or unless listed in another schedule, any material,
662 compound, mixture, or preparation containing limited quantities of any of the following
663 narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid:
664 (A) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90
665 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of
666 opium;
667 (B) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90
668 milligrams per dosage unit, with one or more active non-narcotic ingredients in recognized
669 therapeutic amounts;
670 (C) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more
671 than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline
672 alkaloid of opium;
673 (D) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more
674 than 15 milligrams per dosage unit, with one or more active, non-narcotic ingredients in
675 recognized therapeutic amounts;
676 (E) Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90
677 milligrams per dosage unit, with one or more active non-narcotic ingredients in recognized
678 therapeutic amounts;
679 (F) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more
680 than 15 milligrams per dosage unit, with one or more active, non-narcotic ingredients in
681 recognized therapeutic amounts;
682 (G) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not
683 more than 25 milligrams per dosage unit, with one or more active, non-narcotic ingredients in
684 recognized therapeutic amounts; and
685 (H) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with
686 one or more active, non-narcotic ingredients in recognized therapeutic amounts.
687 (vi) Unless specifically excepted or unless listed in another schedule, anabolic steroids
688 including any of the following or any isomer, ester, salt, or derivative of the following that
689 promotes muscle growth:
690 (A) Boldenone;
691 (B) Chlorotestosterone (4-chlortestosterone);
692 (C) Clostebol;
693 (D) Dehydrochlormethyltestosterone;
694 (E) Dihydrotestosterone (4-dihydrotestosterone);
695 (F) Drostanolone;
696 (G) Ethylestrenol;
697 (H) Fluoxymesterone;
698 (I) Formebulone (formebolone);
699 (J) Mesterolone;
700 (K) Methandienone;
701 (L) Methandranone;
702 (M) Methandriol;
703 (N) Methandrostenolone;
704 (O) Methenolone;
705 (P) Methyltestosterone;
706 (Q) Mibolerone;
707 (R) Nandrolone;
708 (S) Norethandrolone;
709 (T) Oxandrolone;
710 (U) Oxymesterone;
711 (V) Oxymetholone;
712 (W) Stanolone;
713 (X) Stanozolol;
714 (Y) Testolactone;
715 (Z) Testosterone; and
716 (AA) Trenbolone.
717 (vii) Anabolic steroids expressly intended for administration through implants to cattle
718 or other nonhuman species, and approved by the Secretary of Health and Human Services for
719 use, may not be classified as a controlled substance.
720 (viii) A drug product or preparation that contains any component of marijuana,
721 including tetrahydrocannabinol, and is approved by the United States Food and Drug
722 Administration and scheduled by the Drug Enforcement Administration in Schedule III of the
723 federal Controlled Substances Act, Title II, P.L. 91-513.
724 (ix) Nabiximols.
725 (d) Schedule IV:
726 (i) Unless specifically excepted or unless listed in another schedule, any material,
727 compound, mixture, or preparation containing not more than 1 milligram of difenoxin and not
728 less than 25 micrograms of atropine sulfate per dosage unit, or any salts of any of them.
729 (ii) Unless specifically excepted or unless listed in another schedule, any material,
730 compound, mixture, or preparation which contains any quantity of the following substances,
731 including its salts, isomers, and salts of isomers when the existence of the salts, isomers, and
732 salts of isomers is possible within the specific chemical designation:
733 (A) Alprazolam;
734 (B) Barbital;
735 (C) Bromazepam;
736 (D) Butorphanol;
737 (E) Camazepam;
738 (F) Carisoprodol;
739 (G) Chloral betaine;
740 (H) Chloral hydrate;
741 (I) Chlordiazepoxide;
742 (J) Clobazam;
743 (K) Clonazepam;
744 (L) Clorazepate;
745 (M) Clotiazepam;
746 (N) Cloxazolam;
747 (O) Delorazepam;
748 (P) Diazepam;
749 (Q) Dichloralphenazone;
750 (R) Estazolam;
751 (S) Ethchlorvynol;
752 (T) Ethinamate;
753 (U) Ethyl loflazepate;
754 (V) Fludiazepam;
755 (W) Flunitrazepam;
756 (X) Flurazepam;
757 (Y) Halazepam;
758 (Z) Haloxazolam;
759 (AA) Ketazolam;
760 (BB) Loprazolam;
761 (CC) Lorazepam;
762 (DD) Lormetazepam;
763 (EE) Mebutamate;
764 (FF) Medazepam;
765 (GG) Meprobamate;
766 (HH) Methohexital;
767 (II) Methylphenobarbital (mephobarbital);
768 (JJ) Midazolam;
769 (KK) Nimetazepam;
770 (LL) Nitrazepam;
771 (MM) Nordiazepam;
772 (NN) Oxazepam;
773 (OO) Oxazolam;
774 (PP) Paraldehyde;
775 (QQ) Pentazocine;
776 (RR) Petrichloral;
777 (SS) Phenobarbital;
778 (TT) Pinazepam;
779 (UU) Prazepam;
780 (VV) Quazepam;
781 (WW) Temazepam;
782 (XX) Tetrazepam;
783 (YY) Tramadol;
784 (ZZ) Triazolam;
785 (AAA) Zaleplon; and
786 (BBB) Zolpidem.
787 (iii) Any material, compound, mixture, or preparation of fenfluramine which contains
788 any quantity of the following substances, including its salts, isomers whether optical, position,
789 or geometric, and salts of the isomers when the existence of the salts, isomers, and salts of
790 isomers is possible.
791 (iv) Unless specifically excepted or unless listed in another schedule, any material,
792 compound, mixture, or preparation which contains any quantity of the following substances
793 having a stimulant effect on the central nervous system, including its salts, isomers whether
794 optical, position, or geometric isomers, and salts of the isomers when the existence of the salts,
795 isomers, and salts of isomers is possible within the specific chemical designation:
796 (A) Cathine ((+)-norpseudoephedrine);
797 (B) Diethylpropion;
798 (C) Fencamfamine;
799 (D) Fenproprex;
800 (E) Mazindol;
801 (F) Mefenorex;
802 (G) Modafinil;
803 (H) Pemoline, including organometallic complexes and chelates thereof;
804 (I) Phentermine;
805 (J) Pipradrol;
806 (K) Sibutramine; and
807 (L) SPA ((-)-1-dimethylamino-1,2-diphenylethane).
808 (v) Unless specifically excepted or unless listed in another schedule, any material,
809 compound, mixture, or preparation which contains any quantity of dextropropoxyphene
810 (alpha-(+)-4-dimethylamino-1, 2-diphenyl-3-methyl-2-propionoxybutane), including its salts.
811 (vi) A drug product or preparation that contains any component of marijuana and is
812 approved by the United States Food and Drug Administration and scheduled by the Drug
813 Enforcement Administration in Schedule IV of the federal Controlled Substances Act, Title II,
814 P.L. 91-513.
815 (e) Schedule V:
816 (i) Any compound, mixture, or preparation containing any of the following limited
817 quantities of narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid,
818 which includes one or more non-narcotic active medicinal ingredients in sufficient proportion
819 to confer upon the compound, mixture, or preparation valuable medicinal qualities other than
820 those possessed by the narcotic drug alone:
821 (A) not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;
822 (B) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100
823 grams;
824 (C) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100
825 grams;
826 (D) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of
827 atropine sulfate per dosage unit;
828 (E) not more than 100 milligrams of opium per 100 milliliters or per 100 grams;
829 (F) not more than 0.5 milligram of difenoxin and not less than 25 micrograms of
830 atropine sulfate per dosage unit; and
831 (G) unless specifically exempted or excluded or unless listed in another schedule, any
832 material, compound, mixture, or preparation which contains Pyrovalerone having a stimulant
833 effect on the central nervous system, including its salts, isomers, and salts of isomers.
834 (ii) A drug product or preparation that contains any component of marijuana, including
835 cannabidiol, and is approved by the United States Food and Drug Administration and
836 scheduled by the Drug Enforcement Administration in Schedule V of the federal Controlled
837 Substances Act, Title II, P.L. 91-513.