Bill Text: MS HB232 | 2022 | Regular Session | Enrolled
Bill Title: Uniform Controlled Substances Act; revise schedules.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2022-03-14 - Approved by Governor [HB232 Detail]
Download: Mississippi-2022-HB232-Enrolled.html
MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Drug Policy
By: Representative Yancey
<)amine); ( * * *19) Pethidine (meperidine);
( * * *20) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;
( * * *21) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
( * * *22) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic
acid;
( * * *23) Phenazocine;
( * * *24) Piminodine;
( * * *25) Racemethorphan;
( * * *26) Racemorphan;
( * * *27) Remifentanil;
( * * *28) Sufentanil;
( * * *29) Tapentadol;
( * * *30) Thiafentanil, methyl 4-(2-methoxy-N-phenylacetamido)-1-(2-(thiophen-2-yl)ethyl)
piperidine-4-carboxylate).
(d) Stimulants. Any material, compound, mixture, or preparation which contains any quantity of the following substances:
(1) Amphetamine, its salts, optical isomers, and salts of its optical isomers;
(2) Phenmetrazine and its salts;
(3) Any substance which contains any quantity of methamphetamine, including its salts, isomers, and salts of isomers;
(4) Methylphenidate and its salts;
(5) Lisdexamfetamine, its salts, isomers and salts of isomers.
(e) Depressants. Unless specifically exempted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances:
(1) Amobarbital;
(2) Secobarbital;
(3) Pentobarbital;
(4) Glutethimide.
(f) Hallucinogenic substances.
(1) Dronabinol oral solution [(-)-delta-9-trans-tetrahydrocannabinol (delta-9-THC)];
(2) Nabilone [other names include: (+/-)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a- hexahydro-1-hydroxy-6,6-dimethyl-9H-dibenzo(b,d)pyran-9-one].
(g) Immediate precursors. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances:
(1) Amphetamine and methamphetamine immediate precursor: Phenylacetone (other names include: phenyl-2-propanone; P2P; benzyl methyl ketone; and methyl benzyl ketone);
(2) Phencyclidine immediate precursors:
(i) 1-phenylcyclohexylamine;
(ii) 1-piperidinocyclohexanecarbonitrile (PCC);
(3) Fentanyl immediate precursor: 4-anilino-N-phenethyl-4-piperidine (ANPP).
(h) Any material, compound, mixture or preparation which contains any quantity of a Schedule II controlled substance and is listed as an exempt substance in 21 CFR, Section 1308.24 or 1308.32, shall be exempted from the provisions of the Uniform Controlled Substances Law.
SECTION 3. Section 41-29-119, Mississippi Code of 1972, is amended as follows:
41-29-119. (A) The controlled substances listed in this section are included in Schedule IV.
SCHEDULE IV
(a) Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains limited quantities of the following narcotic drugs, or any salts thereof:
(1) Not more than one (1) milligram of difenoxin and not less than twenty-five (25) micrograms of atropine sulfate per dosage unit;
(2) Dextropropoxyphene, including its salts (Darvon, Darvon-N; also found in Darvon compound and Darvocet-N, etc.);
(3) 2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol, its salts, optical and geometric isomers and salts of these isomers (including tramadol).
(b) Depressants. Any material, compound, mixture or preparation which contains any quantity of the following substances:
(1) Alfaxalone;
(2) Alprazolam;
(3) Barbital;
(4) Brexanolone;
(5) Bromazepam;
(6) Camazepam;
(7) Carisoprodol;
(8) Chloral betaine;
(9) Chloral hydrate;
(10) Chlordiazepoxide and its salts, but does not include chlordiazepoxide hydrochloride and clidinium bromide or chlordiazepoxide and esterified estrogens;
(11) Clobazam;
(12) Clonazepam;
(13) Clorazepate;
(14) Clotiazepam;
(15) Cloxazolam;
(16) Delorazepam;
(17) Diazepam;
(18) Dichloralphenazone;
(19) Estazolam;
(20) Ethchlorvynol;
(21) Ethinamate;
(22) Ethyl loflazepate;
(23) Fludiazepam;
(24) Flunitrazepam;
(25) Flurazepam;
(26) Fospropofol;
(27) Halazepam;
(28) Haloxazolam;
(29) Ketazolam;
(30) Lemborexant;
( * * *31) Loprazolam;
( * * *32) Lorazepam;
( * * *33) Lormetazepam;
( * * *34) Mebutamate;
( * * *35) Medazepam;
( * * *36) Meprobamate;
( * * *37) Methohexital;
( * * *38) Methylphenobarbital;
( * * *39) Midazolam;
( * * *40) Nimetazepam;
( * * *41) Nitrazepam;
( * * *42) Nordiazepam;
( * * *43) Oxazepam;
( * * *44) Oxazolam;
( * * *45) Paraldehyde;
( * * *46) Petrichloral;
( * * *47) Phenobarbital;
( * * *48) Pinazepam;
( * * *49) Prazepam;
( * * *50) Quazepam;
(51) Remimazolam;
( * * *52) Suvorexant;
( * * *53) Temazepam;
( * * *54) Tetrazepam;
( * * *55) Triazolam;
( * * *56) Zaleplon;
( * * *57) Zolpidem;
( * * *58) Zopiclone.
(c) Fenfluramine.
(d) Lorcaserin. Any material, compound, mixture, or preparation which contains any quantity of Lorcaserin, including its salts, isomers, and salts of such isomers, whenever the existence of such salts, isomers, and salts of isomers is possible.
(e) Stimulants. Any material, compound, mixture or preparation which contains any quantity of the following substances:
(1) Cathine ((+/-) Norpseudoephedrine);
(2) Diethylpropion;
(3) Fencamfamin;
(4) Fenproporex;
(5) Mazindol;
(6) Mefenorex;
(7) Modafinil;
(8) Pemoline (including any organometallic complexes and chelates thereof);
(9) Phentermine;
(10) Pipradrol;
(11) Sibutramine;
(12) Solriamfetol;
(13) SPA ((-)-1-dimethylamino-1,2-diphenylethane).
(f) Other substances.
(1) Pentazocine;
(2) Butorphanol (including its optical isomers);
(3) Eluxadoline (5-[[[(2S)-2-amino-3-[4-aminocarbonyl)-2,6-dimethylphenyl]-1-oxopropyl][(1S)-1-(4-phenyl-1H-imidazol-2-yl)ethyl]amino]methyl]-2-methoxybenzoic acid); (including its optical isomers) and its salts, isomers, and salts of isomers.
(B) Any material, compound, mixture or preparation which contains any quantity of a Schedule IV controlled substance and is listed as an exempt substance in 21 CFR, Section 1308.22, 1308.24, 1308.26, 1308.32 or 1308.34, shall be exempted from the provisions of the Uniform Controlled Substances Law.
SECTION 4. Section 41-29-121, Mississippi Code of 1972, is amended as follows:
41-29-121.
SCHEDULE V
(a) Schedule V consists of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.
(b) Narcotic drugs. [Reserved]
(c) Narcotic drugs containing nonnarcotic active medicinal ingredients. Any compound, mixture or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below, which also contains one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:
(1) Not more than two hundred (200) milligrams of codeine, or any of its salts, per one hundred (100) milliliters or per one hundred (100) grams;
(2) Not more than one hundred (100) milligrams of dihydrocodeine, or any of its salts, per one hundred (100) milliliters or per one hundred (100) grams;
(3) Not more than one hundred (100) milligrams of ethylmorphine, or any of its salts, per one hundred (100) milliliters or per one hundred (100) grams;
(4) Not more than two and five-tenths (2.5) milligrams of diphenoxylate and not less than twenty-five (25) micrograms of atropine sulphate per dosage unit;
(5) Not more than one hundred (100) milligrams of opium per one hundred (100) milliliters or per one hundred (100) grams;
(6) Not more than five-tenths (0.5) milligram of difenoxin and not less than twenty-five (25) micrograms of atropine sulfate per dosage unit.
(d) Stimulants. Unless specifically excepted or listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substance, including its salts, isomers and salts of isomers: Pyrovalerone.
(e) Depressants. Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including their salts, isomers and salts of isomers:
(1) Brivaracetam ((2S)-2-[(4R)-2-oxo-4-propylpyrrolidin-1-yl] butanamide) (also referred to as BRV; UCB-34714; Briviact);
(2) Cenobamate ([(1R)-1-2-chlorophenyl)-2-tetrazol-2-yl)ethyl] carbamate; 2H-tetrazole-2-ethanol, alpha-(2-chlorophenyl)-, carbamate (ester), (alphaR)-; carbamic acid (R)-(+)-1-(2-chlorophenyl)
-2-(2H-tetrazol-2-yl)ethyl ester);
( * * *3) Ezogabine [N-[2-amino-4-(4-
fluorobenzylamino)-phenyl]-carbamic acid ethyl ester];
( * * *4) Lacosamide [(R)-2-acetoamido-N-benzyl-3-methoxy-propionamide];
(5) Lasmiditan [2,4,6-trifluoro-N-(6-
(1-methylpiperidine-4-carbonyl)pyridine-2-yl-benzamide];
( * * *6) Pregabalin [(S)-3-(aminomethyl)-5-methylhexanoic
acid].
(f) Any material, compound, mixture or preparation which contains any quantity of a Schedule V controlled substance and is listed as an exempt substance in 21 CFR, Section 1308.22, 1308.24, 1308.26, 1308.32 or 1308.34, shall be exempted from the provisions of the Uniform Controlled Substances Law.
SECTION 5. Section 41-29-137, Mississippi Code of 1972, as amended by Senate Bill No. 2095, 2022 Regular Session, is amended as follows:
41-29-137. (a) (1) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, no controlled substance in Schedule II, as set out in Section 41-29-115, may be dispensed without the written valid prescription of a practitioner. A practitioner shall keep a record of all controlled substances in Schedule I, II and III administered, dispensed or professionally used by him otherwise than by prescription.
(2) In emergency situations, as defined by rule of the State Board of Pharmacy, Schedule II drugs may be dispensed upon the oral valid prescription of a practitioner, reduced promptly to writing and filed by the pharmacy. Prescriptions shall be retained in conformity with the requirements of Section 41-29-133. No prescription for a Schedule II substance may be refilled unless renewed by prescription issued by a licensed medical doctor.
(b) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a controlled substance included in Schedule III or IV, as set out in Sections 41-29-117 and 41-29-119, shall not be dispensed without a written or oral valid prescription of a practitioner. The prescription shall not be filled or refilled more than six (6) months after the date thereof or be refilled more than five (5) times, unless renewed by the practitioner.
(c) A controlled substance included in Schedule V, as set out in Section 41-29-121, shall not be distributed or dispensed other than for a medical purpose.
(d) An optometrist certified
to prescribe and use therapeutic pharmaceutical agents under Sections 73-19-153
through 73-19-165 shall * * * be authorized to prescribe oral analgesic controlled substances in Schedule
IV or V, as pertains to treatment and management of eye disease by written prescription
only have the prescriptive authority granted in Section 73-19-157.
(e) Administration by injection of any pharmaceutical product authorized in this section is expressly prohibited except when dispensed directly by a practitioner other than a pharmacy.
(f) (1) For the purposes of this article, Title 73, Chapter 21, and Title 73, Chapter 25, Mississippi Code of 1972, as it pertains to prescriptions for controlled substances, a "valid prescription" means a prescription that is issued for a legitimate medical purpose in the usual course of professional practice by:
(A) A practitioner who has conducted at least one (1) in-person medical evaluation of the patient, except as otherwise authorized by Section 41-29-137.1; or
(B) A covering practitioner.
(2) (A) "In-person medical evaluation" means a medical evaluation that is conducted with the patient in the physical presence of the practitioner, without regard to whether portions of the evaluation are conducted by other health professionals.
(B) "Covering practitioner" means a practitioner who conducts a medical evaluation other than an in-person medical evaluation at the request of a practitioner who has conducted at least one (1) in-person medical evaluation of the patient or an evaluation of the patient through the practice of telemedicine within the previous twenty-four (24) months and who is temporarily unavailable to conduct the evaluation of the patient.
(3) A prescription for a controlled substance based solely on a consumer's completion of an online medical questionnaire is not a valid prescription.
(4) Nothing in this subsection (f) shall apply to:
(A) A prescription issued by a practitioner engaged in the practice of telemedicine as authorized under state or federal law; or
(B) The dispensing or selling of a controlled substance pursuant to practices as determined by the United States Attorney General by regulation.
(g) This section does not apply to any of the actions that are lawful under the Mississippi Medical Cannabis Act and in compliance with rules and regulations adopted thereunder.
SECTION 6. This act shall take effect and be in force from and after its passage.
