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| To amend sections 119.03, 3719.01, 3719.41, and | 1 |
| 3719.43 and to enact sections 109.44, 3719.45, and | 2 |
| 3719.46 of the Revised Code authorizing the Ohio | 3 |
| Attorney General to place certain substances on | 4 |
| controlled substances schedule I. | 5 |
| Section 1. That sections 119.03, 3719.01, 3719.41, and | 6 |
| 3719.43 be amended and sections 109.44, 3719.45, and 3719.46 of | 7 |
| the Revised Code be enacted to read as follows: | 8 |
| Sec. 109.44. The attorney general shall compile and | 9 |
| periodically update a list of compounds, mixtures, preparations, | 10 |
| and substances that pursuant to section 3719.45 or 3719.46 of the | 11 |
| Revised Code are added to or removed from controlled substance | 12 |
| schedule I established in section 3719.41 of the Revised Code and | 13 |
| maintain a copy of the list on the internet web site maintained by | 14 |
| the attorney general. The attorney general shall also include on | 15 |
| the web site a notation that the Revised Code's list of schedule I | 16 |
| controlled substances is contained in section 3719.41 of the | 17 |
| Revised Code. | 18 |
| Sec. 119.03. In the adoption, amendment, or rescission of | 19 |
| any rule, an agency shall comply with the following procedure: | 20 |
| (A) Reasonable public notice shall be given in the register | 21 |
| of Ohio at least thirty days prior to the date set for a hearing, | 22 |
| in the form the agency determines. The agency shall file copies of | 23 |
| the public notice under division (B) of this section. (The agency | 24 |
| gives public notice in the register of Ohio when the public notice | 25 |
| is published in the register under that division.) | 26 |
| The public notice shall include: | 27 |
| (1) A statement of the agency's intention to consider | 28 |
| adopting, amending, or rescinding a rule; | 29 |
| (2) A synopsis of the proposed rule, amendment, or rule to be | 30 |
| rescinded or a general statement of the subject matter to which | 31 |
| the proposed rule, amendment, or rescission relates; | 32 |
| (3) A statement of the reason or purpose for adopting, | 33 |
| amending, or rescinding the rule; | 34 |
| (4) The date, time, and place of a hearing on the proposed | 35 |
| action, which shall be not earlier than the thirty-first nor later | 36 |
| than the fortieth day after the proposed rule, amendment, or | 37 |
| rescission is filed under division (B) of this section. | 38 |
| In addition to public notice given in the register of Ohio, | 39 |
| the agency may give whatever other notice it reasonably considers | 40 |
| necessary to ensure notice constructively is given to all persons | 41 |
| who are subject to or affected by the proposed rule, amendment, or | 42 |
| rescission. | 43 |
| The agency shall provide a copy of the public notice required | 44 |
| under division (A) of this section to any person who requests it | 45 |
| and pays a reasonable fee, not to exceed the cost of copying and | 46 |
| mailing. | 47 |
| (B) The full text of the proposed rule, amendment, or rule to | 48 |
| be rescinded, accompanied by the public notice required under | 49 |
| division (A) of this section, shall be filed in electronic form | 50 |
| with the secretary of state and with the director of the | 51 |
| legislative service commission. (If in compliance with this | 52 |
| division an agency files more than one proposed rule, amendment, | 53 |
| or rescission at the same time, and has prepared a public notice | 54 |
| under division (A) of this section that applies to more than one | 55 |
| of the proposed rules, amendments, or rescissions, the agency | 56 |
| shall file only one notice with the secretary of state and with | 57 |
| the director for all of the proposed rules, amendments, or | 58 |
| rescissions to which the notice applies.) The proposed rule, | 59 |
| amendment, or rescission and public notice shall be filed as | 60 |
| required by this division at least sixty-five days prior to the | 61 |
| date on which the agency, in accordance with division (D) of this | 62 |
| section, issues an order adopting the proposed rule, amendment, or | 63 |
| rescission. | 64 |
| If the proposed rule, amendment, or rescission incorporates a | 65 |
| text or other material by reference, the agency shall comply with | 66 |
| sections 121.71 to 121.76 of the Revised Code. | 67 |
| The proposed rule, amendment, or rescission shall be | 68 |
| available for at least thirty days prior to the date of the | 69 |
| hearing at the office of the agency in printed or other legible | 70 |
| form without charge to any person affected by the proposal. | 71 |
| Failure to furnish such text to any person requesting it shall not | 72 |
| invalidate any action of the agency in connection therewith. | 73 |
| If the agency files a substantive revision in the text of the | 74 |
| proposed rule, amendment, or rescission under division (H) of this | 75 |
| section, it shall also promptly file the full text of the proposed | 76 |
| rule, amendment, or rescission in its revised form in electronic | 77 |
| form with the secretary of state and with the director of the | 78 |
| legislative service commission. | 79 |
| The agency shall file the rule summary and fiscal analysis | 80 |
| prepared under section 127.18 of the Revised Code in electronic | 81 |
| form along with a proposed rule, amendment, or rescission or | 82 |
| proposed rule, amendment, or rescission in revised form that is | 83 |
| filed with the secretary of state or the director of the | 84 |
| legislative service commission. | 85 |
| The director of the legislative service commission shall | 86 |
| publish in the register of Ohio the full text of the original and | 87 |
| each revised version of a proposed rule, amendment, or rescission; | 88 |
| the full text of a public notice; and the full text of a rule | 89 |
| summary and fiscal analysis that is filed with the director under | 90 |
| this division. | 91 |
| (C) On the date and at the time and place designated in the | 92 |
| notice, the agency shall conduct a public hearing at which any | 93 |
| person affected by the proposed action of the agency may appear | 94 |
| and be heard in person, by the person's attorney, or both, may | 95 |
| present the person's position, arguments, or contentions, orally | 96 |
| or in writing, offer and examine witnesses, and present evidence | 97 |
| tending to show that the proposed rule, amendment, or rescission, | 98 |
| if adopted or effectuated, will be unreasonable or unlawful. An | 99 |
| agency may permit persons affected by the proposed rule, | 100 |
| amendment, or rescission to present their positions, arguments, or | 101 |
| contentions in writing, not only at the hearing, but also for a | 102 |
| reasonable period before, after, or both before and after the | 103 |
| hearing. A person who presents a position or arguments or | 104 |
| contentions in writing before or after the hearing is not required | 105 |
| to appear at the hearing. | 106 |
| At the hearing, the testimony shall be recorded. Such record | 107 |
| shall be made at the expense of the agency. The agency is required | 108 |
| to transcribe a record that is not sight readable only if a person | 109 |
| requests transcription of all or part of the record and agrees to | 110 |
| reimburse the agency for the costs of the transcription. An agency | 111 |
| may require the person to pay in advance all or part of the cost | 112 |
| of the transcription. | 113 |
| In any hearing under this section the agency may administer | 114 |
| oaths or affirmations. | 115 |
| (D) After complying with divisions (A), (B), (C), and (H) of | 116 |
| this section, and when the time for legislative review and | 117 |
| invalidation under division (I) of this section has expired, the | 118 |
| agency may issue an order adopting the proposed rule or the | 119 |
| proposed amendment or rescission of the rule, consistent with the | 120 |
| synopsis or general statement included in the public notice. At | 121 |
| that time the agency shall designate the effective date of the | 122 |
| rule, amendment, or rescission, which shall not be earlier than | 123 |
| the tenth day after the rule, amendment, or rescission has been | 124 |
| filed in its final form as provided in section 119.04 of the | 125 |
| Revised Code. | 126 |
| (E) Prior to the effective date of a rule, amendment, or | 127 |
| rescission, the agency shall make a reasonable effort to inform | 128 |
| those affected by the rule, amendment, or rescission and to have | 129 |
| available for distribution to those requesting it the full text of | 130 |
| the rule as adopted or as amended. | 131 |
| (F) If the governor, upon the request of an agency, | 132 |
| determines that an emergency requires the immediate adoption, | 133 |
| amendment, or rescission of a rule, the governor shall issue an | 134 |
| order, the text of which shall be filed in electronic form with | 135 |
| the agency, the secretary of state, the director of the | 136 |
| legislative service commission, and the joint committee on agency | 137 |
| rule review, that the procedure prescribed by this section with | 138 |
| respect to the adoption, amendment, or rescission of a specified | 139 |
| rule is suspended. The agency may then adopt immediately the | 140 |
| emergency rule, amendment, or rescission and it becomes effective | 141 |
| on the date the rule, amendment, or rescission, in final form and | 142 |
| in compliance with division (A)(2) of section 119.04 of the | 143 |
| Revised Code, is filed in electronic form with the secretary of | 144 |
| state, the director of the legislative service commission, and the | 145 |
| joint committee on agency rule review. If all filings are not | 146 |
| completed on the same day, the emergency rule, amendment, or | 147 |
| rescission shall be effective on the day on which the latest | 148 |
| filing is completed. The director shall publish the full text of | 149 |
| the emergency rule, amendment, or rescission in the register of | 150 |
| Ohio. | 151 |
| The emergency rule, amendment, or rescission shall become | 152 |
| invalid at the end of the ninetieth day it is in effect. Prior to | 153 |
| that date the agency may adopt the emergency rule, amendment, or | 154 |
| rescission as a nonemergency rule, amendment, or rescission by | 155 |
| complying with the procedure prescribed by this section for the | 156 |
| adoption, amendment, and rescission of nonemergency rules. The | 157 |
| agency shall not use the procedure of this division to readopt the | 158 |
| emergency rule, amendment, or rescission so that, upon the | 159 |
| emergency rule, amendment, or rescission becoming invalid under | 160 |
| this division, the emergency rule, amendment, or rescission will | 161 |
| continue in effect without interruption for another ninety-day | 162 |
| period, except when division (I)(2)(a) of this section prevents | 163 |
| the agency from adopting the emergency rule, amendment, or | 164 |
| rescission as a nonemergency rule, amendment, or rescission within | 165 |
| the ninety-day period. | 166 |
| This division does not apply to the adoption of any emergency | 167 |
|
rule, amendment, or rescission by the | 168 |
| development under division (C)(2) of section 5117.02 of the | 169 |
| Revised Code or to the adoption of any emergency rule by the | 170 |
| attorney general under section 3719.46 of the Revised Code. | 171 |
| (G) Rules adopted by an authority within the department of | 172 |
| job and family services for the administration or enforcement of | 173 |
| Chapter 4141. of the Revised Code or of the department of taxation | 174 |
| shall be effective without a hearing as provided by this section | 175 |
| if the statutes pertaining to such agency specifically give a | 176 |
| right of appeal to the board of tax appeals or to a higher | 177 |
| authority within the agency or to a court, and also give the | 178 |
| appellant a right to a hearing on such appeal. This division does | 179 |
| not apply to the adoption of any rule, amendment, or rescission by | 180 |
| the tax commissioner under division (C)(1) or (2) of section | 181 |
| 5117.02 of the Revised Code, or deny the right to file an action | 182 |
| for declaratory judgment as provided in Chapter 2721. of the | 183 |
| Revised Code from the decision of the board of tax appeals or of | 184 |
| the higher authority within such agency. | 185 |
| (H) When any agency files a proposed rule, amendment, or | 186 |
| rescission under division (B) of this section, it shall also file | 187 |
| in electronic form with the joint committee on agency rule review | 188 |
| the full text of the proposed rule, amendment, or rule to be | 189 |
| rescinded in the same form and the public notice required under | 190 |
| division (A) of this section. (If in compliance with this division | 191 |
| an agency files more than one proposed rule, amendment, or | 192 |
| rescission at the same time, and has given a public notice under | 193 |
| division (A) of this section that applies to more than one of the | 194 |
| proposed rules, amendments, or rescissions, the agency shall file | 195 |
| only one notice with the joint committee for all of the proposed | 196 |
| rules, amendments, or rescissions to which the notice applies.) If | 197 |
| the agency makes a substantive revision in a proposed rule, | 198 |
| amendment, or rescission after it is filed with the joint | 199 |
| committee, the agency shall promptly file the full text of the | 200 |
| proposed rule, amendment, or rescission in its revised form in | 201 |
| electronic form with the joint committee. The latest version of a | 202 |
| proposed rule, amendment, or rescission as filed with the joint | 203 |
| committee supersedes each earlier version of the text of the same | 204 |
| proposed rule, amendment, or rescission. An agency shall file the | 205 |
| rule summary and fiscal analysis prepared under section 127.18 of | 206 |
| the Revised Code in electronic form along with a proposed rule, | 207 |
| amendment, or rescission, and along with a proposed rule, | 208 |
| amendment, or rescission in revised form, that is filed under this | 209 |
| division. If a proposed rule, amendment, or rescission has an | 210 |
| adverse impact on businesses, the agency also shall file the | 211 |
| business impact analysis, any recommendations received from the | 212 |
| common sense initiative office, and the agency's memorandum of | 213 |
| response, if any, in electronic form along with the proposed rule, | 214 |
| amendment, or rescission, or along with the proposed rule, | 215 |
| amendment, or rescission in revised form, that is filed under this | 216 |
| division. | 217 |
| This division does not apply to: | 218 |
| (1) An emergency rule, amendment, or rescission; | 219 |
| (2) Any proposed rule, amendment, or rescission that must be | 220 |
| adopted verbatim by an agency pursuant to federal law or rule, to | 221 |
| become effective within sixty days of adoption, in order to | 222 |
| continue the operation of a federally reimbursed program in this | 223 |
| state, so long as the proposed rule contains both of the | 224 |
| following: | 225 |
| (a) A statement that it is proposed for the purpose of | 226 |
| complying with a federal law or rule; | 227 |
| (b) A citation to the federal law or rule that requires | 228 |
| verbatim compliance. | 229 |
| If a rule or amendment is exempt from legislative review | 230 |
| under division (H)(2) of this section, and if the federal law or | 231 |
| rule pursuant to which the rule or amendment was adopted expires, | 232 |
| is repealed or rescinded, or otherwise terminates, the rule or | 233 |
| amendment, or its rescission, is thereafter subject to legislative | 234 |
| review under division (H) of this section. | 235 |
| (I)(1) The joint committee on agency rule review may | 236 |
| recommend the adoption of a concurrent resolution invalidating a | 237 |
| proposed rule, amendment, rescission, or part thereof if it finds | 238 |
| any of the following: | 239 |
| (a) That the rule-making agency has exceeded the scope of its | 240 |
| statutory authority in proposing the rule, amendment, or | 241 |
| rescission; | 242 |
| (b) That the proposed rule, amendment, or rescission | 243 |
| conflicts with another rule, amendment, or rescission adopted by | 244 |
| the same or a different rule-making agency; | 245 |
| (c) That the proposed rule, amendment, or rescission | 246 |
| conflicts with the legislative intent in enacting the statute | 247 |
| under which the rule-making agency proposed the rule, amendment, | 248 |
| or rescission; | 249 |
| (d) That the rule-making agency has failed to prepare a | 250 |
| complete and accurate rule summary and fiscal analysis of the | 251 |
| proposed rule, amendment, or rescission as required by section | 252 |
| 127.18 of the Revised Code; | 253 |
| (e) That the proposed rule, amendment, or rescission | 254 |
| incorporates a text or other material by reference and either the | 255 |
| rule-making agency has failed to file the text or other material | 256 |
| incorporated by reference as required by section 121.73 of the | 257 |
| Revised Code or, in the case of a proposed rule or amendment, the | 258 |
| incorporation by reference fails to meet the standards stated in | 259 |
| section 121.72, 121.75, or 121.76 of the Revised Code; | 260 |
| (f) That the rule-making agency has failed to demonstrate | 261 |
| through the business impact analysis, recommendations from the | 262 |
| common sense initiative office, and the memorandum of response the | 263 |
| agency has filed under division (H) of this section that the | 264 |
| regulatory intent of the proposed rule, amendment, or rescission | 265 |
| justifies its adverse impact on businesses in this state. | 266 |
| The joint committee shall not hold its public hearing on a | 267 |
| proposed rule, amendment, or rescission earlier than the | 268 |
| forty-first day after the original version of the proposed rule, | 269 |
| amendment, or rescission was filed with the joint committee. | 270 |
| The house of representatives and senate may adopt a | 271 |
| concurrent resolution invalidating a proposed rule, amendment, | 272 |
| rescission, or part thereof. The concurrent resolution shall state | 273 |
| which of the specific rules, amendments, rescissions, or parts | 274 |
| thereof are invalidated. A concurrent resolution invalidating a | 275 |
| proposed rule, amendment, or rescission shall be adopted not later | 276 |
| than the sixty-fifth day after the original version of the text of | 277 |
| the proposed rule, amendment, or rescission is filed with the | 278 |
| joint committee, except that if more than thirty-five days after | 279 |
| the original version is filed the rule-making agency either files | 280 |
| a revised version of the text of the proposed rule, amendment, or | 281 |
| rescission, or revises the rule summary and fiscal analysis in | 282 |
| accordance with division (I)(4) of this section, a concurrent | 283 |
| resolution invalidating the proposed rule, amendment, or | 284 |
| rescission shall be adopted not later than the thirtieth day after | 285 |
| the revised version of the proposed rule or rule summary and | 286 |
| fiscal analysis is filed. If, after the joint committee on agency | 287 |
| rule review recommends the adoption of a concurrent resolution | 288 |
| invalidating a proposed rule, amendment, rescission, or part | 289 |
| thereof, the house of representatives or senate does not, within | 290 |
| the time remaining for adoption of the concurrent resolution, hold | 291 |
| five floor sessions at which its journal records a roll call vote | 292 |
| disclosing a sufficient number of members in attendance to pass a | 293 |
| bill, the time within which that house may adopt the concurrent | 294 |
| resolution is extended until it has held five such floor sessions. | 295 |
| Within five days after the adoption of a concurrent | 296 |
| resolution invalidating a proposed rule, amendment, rescission, or | 297 |
| part thereof, the clerk of the senate shall send the rule-making | 298 |
| agency, the secretary of state, and the director of the | 299 |
| legislative service commission in electronic form a certified text | 300 |
| of the resolution together with a certification stating the date | 301 |
| on which the resolution takes effect. The secretary of state and | 302 |
| the director of the legislative service commission shall each note | 303 |
| the invalidity of the proposed rule, amendment, rescission, or | 304 |
| part thereof, and shall each remove the invalid proposed rule, | 305 |
| amendment, rescission, or part thereof from the file of proposed | 306 |
| rules. The rule-making agency shall not proceed to adopt in | 307 |
| accordance with division (D) of this section, or to file in | 308 |
| accordance with division (B)(1) of section 111.15 of the Revised | 309 |
| Code, any version of a proposed rule, amendment, rescission, or | 310 |
| part thereof that has been invalidated by concurrent resolution. | 311 |
| Unless the house of representatives and senate adopt a | 312 |
| concurrent resolution invalidating a proposed rule, amendment, | 313 |
| rescission, or part thereof within the time specified by this | 314 |
| division, the rule-making agency may proceed to adopt in | 315 |
| accordance with division (D) of this section, or to file in | 316 |
| accordance with division (B)(1) of section 111.15 of the Revised | 317 |
| Code, the latest version of the proposed rule, amendment, or | 318 |
| rescission as filed with the joint committee. If by concurrent | 319 |
| resolution certain of the rules, amendments, rescissions, or parts | 320 |
| thereof are specifically invalidated, the rule-making agency may | 321 |
| proceed to adopt, in accordance with division (D) of this section, | 322 |
| or to file in accordance with division (B)(1) of section 111.15 of | 323 |
| the Revised Code, the latest version of the proposed rules, | 324 |
| amendments, rescissions, or parts thereof as filed with the joint | 325 |
| committee that are not specifically invalidated. The rule-making | 326 |
| agency may not revise or amend any proposed rule, amendment, | 327 |
| rescission, or part thereof that has not been invalidated except | 328 |
| as provided in this chapter or in section 111.15 of the Revised | 329 |
| Code. | 330 |
| (2)(a) A proposed rule, amendment, or rescission that is | 331 |
| filed with the joint committee under division (H) of this section | 332 |
| or division (D) of section 111.15 of the Revised Code shall be | 333 |
| carried over for legislative review to the next succeeding regular | 334 |
| session of the general assembly if the original or any revised | 335 |
| version of the proposed rule, amendment, or rescission is filed | 336 |
| with the joint committee on or after the first day of December of | 337 |
| any year. | 338 |
| (b) The latest version of any proposed rule, amendment, or | 339 |
| rescission that is subject to division (I)(2)(a) of this section, | 340 |
| as filed with the joint committee, is subject to legislative | 341 |
| review and invalidation in the next succeeding regular session of | 342 |
| the general assembly in the same manner as if it were the original | 343 |
| version of a proposed rule, amendment, or rescission that had been | 344 |
| filed with the joint committee for the first time on the first day | 345 |
| of the session. A rule-making agency shall not adopt in accordance | 346 |
| with division (D) of this section, or file in accordance with | 347 |
| division (B)(1) of section 111.15 of the Revised Code, any version | 348 |
| of a proposed rule, amendment, or rescission that is subject to | 349 |
| division (I)(2)(a) of this section until the time for legislative | 350 |
| review and invalidation, as contemplated by division (I)(2)(b) of | 351 |
| this section, has expired. | 352 |
| (3) Invalidation of any version of a proposed rule, | 353 |
| amendment, rescission, or part thereof by concurrent resolution | 354 |
| shall prevent the rule-making agency from instituting or | 355 |
| continuing proceedings to adopt any version of the same proposed | 356 |
| rule, amendment, rescission, or part thereof for the duration of | 357 |
| the general assembly that invalidated the proposed rule, | 358 |
| amendment, rescission, or part thereof unless the same general | 359 |
| assembly adopts a concurrent resolution permitting the rule-making | 360 |
| agency to institute or continue such proceedings. | 361 |
| The failure of the general assembly to invalidate a proposed | 362 |
| rule, amendment, rescission, or part thereof under this section | 363 |
| shall not be construed as a ratification of the lawfulness or | 364 |
| reasonableness of the proposed rule, amendment, rescission, or any | 365 |
| part thereof or of the validity of the procedure by which the | 366 |
| proposed rule, amendment, rescission, or any part thereof was | 367 |
| proposed or adopted. | 368 |
| (4) In lieu of recommending a concurrent resolution to | 369 |
| invalidate a proposed rule, amendment, rescission, or part thereof | 370 |
| because the rule-making agency has failed to prepare a complete | 371 |
| and accurate fiscal analysis, the joint committee on agency rule | 372 |
| review may issue, on a one-time basis, for rules, amendments, | 373 |
| rescissions, or parts thereof that have a fiscal effect on school | 374 |
| districts, counties, townships, or municipal corporations, a | 375 |
| finding that the rule summary and fiscal analysis is incomplete or | 376 |
| inaccurate and order the rule-making agency to revise the rule | 377 |
| summary and fiscal analysis and refile it with the proposed rule, | 378 |
| amendment, rescission, or part thereof. If an emergency rule is | 379 |
| filed as a nonemergency rule before the end of the ninetieth day | 380 |
| of the emergency rule's effectiveness, and the joint committee | 381 |
| issues a finding and orders the rule-making agency to refile under | 382 |
| division (I)(4) of this section, the governor may also issue an | 383 |
| order stating that the emergency rule shall remain in effect for | 384 |
| an additional sixty days after the ninetieth day of the emergency | 385 |
| rule's effectiveness. The governor's orders shall be filed in | 386 |
| accordance with division (F) of this section. The joint committee | 387 |
| shall send in electronic form to the rule-making agency, the | 388 |
| secretary of state, and the director of the legislative service | 389 |
| commission a certified text of the finding and order to revise the | 390 |
| rule summary and fiscal analysis, which shall take immediate | 391 |
| effect. | 392 |
| An order issued under division (I)(4) of this section shall | 393 |
| prevent the rule-making agency from instituting or continuing | 394 |
| proceedings to adopt any version of the proposed rule, amendment, | 395 |
| rescission, or part thereof until the rule-making agency revises | 396 |
| the rule summary and fiscal analysis and refiles it in electronic | 397 |
| form with the joint committee along with the proposed rule, | 398 |
| amendment, rescission, or part thereof. If the joint committee | 399 |
| finds the rule summary and fiscal analysis to be complete and | 400 |
| accurate, the joint committee shall issue a new order noting that | 401 |
| the rule-making agency has revised and refiled a complete and | 402 |
| accurate rule summary and fiscal analysis. The joint committee | 403 |
| shall send in electronic form to the rule-making agency, the | 404 |
| secretary of state, and the director of the legislative service | 405 |
| commission a certified text of this new order. The secretary of | 406 |
| state and the director of the legislative service commission shall | 407 |
| each link this order to the proposed rule, amendment, rescission, | 408 |
| or part thereof. The rule-making agency may then proceed to adopt | 409 |
| in accordance with division (D) of this section, or to file in | 410 |
| accordance with division (B)(1) of section 111.15 of the Revised | 411 |
| Code, the proposed rule, amendment, rescission, or part thereof | 412 |
| that was subject to the finding and order under division (I)(4) of | 413 |
| this section. If the joint committee determines that the revised | 414 |
| rule summary and fiscal analysis is still inaccurate or | 415 |
| incomplete, the joint committee shall recommend the adoption of a | 416 |
| concurrent resolution in accordance with division (I)(1) of this | 417 |
| section. | 418 |
| Sec. 3719.01. As used in this chapter: | 419 |
| (A) "Administer" means the direct application of a drug, | 420 |
| whether by injection, inhalation, ingestion, or any other means to | 421 |
| a person or an animal. | 422 |
| (B) "Drug enforcement administration" means the drug | 423 |
| enforcement administration of the United States department of | 424 |
| justice or its successor agency. | 425 |
| (C) "Controlled substance" means a drug, compound, mixture, | 426 |
| preparation, or substance included in schedule I, II, III, IV, or | 427 |
| V. | 428 |
| (D) "Dangerous drug" has the same meaning as in section | 429 |
| 4729.01 of the Revised Code. | 430 |
| (E) "Dispense" means to sell, leave with, give away, dispose | 431 |
| of, or deliver. | 432 |
| (F) "Distribute" means to deal in, ship, transport, or | 433 |
| deliver but does not include administering or dispensing a drug. | 434 |
| (G) "Drug" has the same meaning as in section 4729.01 of the | 435 |
| Revised Code. | 436 |
| (H) "Drug abuse offense," "felony drug abuse offense," | 437 |
| "cocaine," and "hashish" have the same meanings as in section | 438 |
| 2925.01 of the Revised Code. | 439 |
| (I) "Federal drug abuse control laws" means the | 440 |
| "Comprehensive Drug Abuse Prevention and Control Act of 1970," 84 | 441 |
| Stat. 1242, 21 U.S.C. 801, as amended. | 442 |
| (J) "Hospital" means an institution for the care and | 443 |
| treatment of the sick and injured that is certified by the | 444 |
| department of health and approved by the state board of pharmacy | 445 |
| as proper to be entrusted with the custody of controlled | 446 |
| substances and the professional use of controlled substances. | 447 |
| (K) "Hypodermic" means a hypodermic syringe or needle, or | 448 |
| other instrument or device for the injection of medication. | 449 |
| (L) "Isomer," except as otherwise expressly stated, means the | 450 |
| optical isomer. | 451 |
| (M) "Laboratory" means a laboratory approved by the state | 452 |
| board of pharmacy as proper to be entrusted with the custody of | 453 |
| controlled substances and the use of controlled substances for | 454 |
| scientific and clinical purposes and for purposes of instruction. | 455 |
| (N) "Manufacturer" means a person who manufactures a | 456 |
| controlled substance, as "manufacture" is defined in section | 457 |
| 3715.01 of the Revised Code. | 458 |
| (O) "Marihuana" means all parts of a plant of the genus | 459 |
| cannabis, whether growing or not; the seeds of a plant of that | 460 |
| type; the resin extracted from a part of a plant of that type; and | 461 |
| every compound, manufacture, salt, derivative, mixture, or | 462 |
| preparation of a plant of that type or of its seeds or resin. | 463 |
| "Marihuana" does not include the mature stalks of the plant, fiber | 464 |
| produced from the stalks, oils or cake made from the seeds of the | 465 |
| plant, or any other compound, manufacture, salt, derivative, | 466 |
| mixture, or preparation of the mature stalks, except the resin | 467 |
| extracted from the mature stalks, fiber, oil or cake, or the | 468 |
| sterilized seed of the plant that is incapable of germination. | 469 |
| (P) "Narcotic drugs" means coca leaves, opium, isonipecaine, | 470 |
| amidone, isoamidone, ketobemidone, as defined in this division, | 471 |
| and every substance not chemically distinguished from them and | 472 |
| every drug, other than cannabis, that may be included in the | 473 |
| meaning of "narcotic drug" under the federal drug abuse control | 474 |
| laws. As used in this division: | 475 |
| (1) "Coca leaves" includes cocaine and any compound, | 476 |
| manufacture, salt, derivative, mixture, or preparation of coca | 477 |
| leaves, except derivatives of coca leaves, that does not contain | 478 |
| cocaine, ecgonine, or substances from which cocaine or ecgonine | 479 |
| may be synthesized or made. | 480 |
| (2) "Isonipecaine" means any substance identified chemically | 481 |
| as 1-methyl-4-phenyl-piperidine-4-carboxylic acid ethyl ester, or | 482 |
| any salt thereof, by whatever trade name designated. | 483 |
| (3) "Amidone" means any substance identified chemically as | 484 |
| 4-4-diphenyl-6-dimethylamino-heptanone-3, or any salt thereof, by | 485 |
| whatever trade name designated. | 486 |
| (4) "Isoamidone" means any substance identified chemically as | 487 |
| 4-4-diphenyl-5-methyl-6-dimethylaminohexanone-3, or any salt | 488 |
| thereof, by whatever trade name designated. | 489 |
| (5) "Ketobemidone" means any substance identified chemically | 490 |
| as 4-(3-hydroxyphenyl)-1-methyl-4-piperidyl ethyl ketone | 491 |
| hydrochloride, or any salt thereof, by whatever trade name | 492 |
| designated. | 493 |
| (Q) "Official written order" means an order written on a form | 494 |
| provided for that purpose by the director of the United States | 495 |
| drug enforcement administration, under any laws of the United | 496 |
| States making provision for the order, if the order forms are | 497 |
| authorized and required by federal law. | 498 |
| (R) "Opiate" means any substance having an addiction-forming | 499 |
| or addiction-sustaining liability similar to morphine or being | 500 |
| capable of conversion into a drug having addiction-forming or | 501 |
| addiction-sustaining liability. "Opiate" does not include, unless | 502 |
| specifically designated as controlled under section 3719.41 of the | 503 |
| Revised Code, the dextrorotatory isomer of | 504 |
| 3-methoxy-N-methylmorphinan and its salts (dextro-methorphan). | 505 |
| "Opiate" does include its racemic and levoratory forms. | 506 |
| (S) "Opium poppy" means the plant of the species papaver | 507 |
| somniferum L., except its seeds. | 508 |
| (T) "Person" means any individual, corporation, government, | 509 |
| governmental subdivision or agency, business trust, estate, trust, | 510 |
| partnership, association, or other legal entity. | 511 |
| (U) "Pharmacist" means a person licensed under Chapter 4729. | 512 |
| of the Revised Code to engage in the practice of pharmacy. | 513 |
| (V) "Pharmacy" has the same meaning as in section 4729.01 of | 514 |
| the Revised Code. | 515 |
| (W) "Poison" means any drug, chemical, or preparation likely | 516 |
| to be deleterious or destructive to adult human life in quantities | 517 |
| of four grams or less. | 518 |
| (X) "Poppy straw" means all parts, except the seeds, of the | 519 |
| opium poppy, after mowing. | 520 |
| (Y) "Licensed health professional authorized to prescribe | 521 |
| drugs," "prescriber," and "prescription" have the same meanings as | 522 |
| in section 4729.01 of the Revised Code. | 523 |
| (Z) "Registry number" means the number assigned to each | 524 |
| person registered under the federal drug abuse control laws. | 525 |
| (AA) "Sale" includes delivery, barter, exchange, transfer, or | 526 |
| gift, or offer thereof, and each transaction of those natures made | 527 |
| by any person, whether as principal, proprietor, agent, servant, | 528 |
| or employee. | 529 |
| (BB) "Schedule I," "schedule II," "schedule III," "schedule | 530 |
| IV," and "schedule V" mean controlled substance schedules I, II, | 531 |
| III, IV, and V, respectively, established pursuant to section | 532 |
| 3719.41 of the Revised Code, as amended pursuant to section | 533 |
|
3719.43 | 534 |
| (CC) "Wholesaler" means a person who, on official written | 535 |
| orders other than prescriptions, supplies controlled substances | 536 |
| that the person has not manufactured, produced, or prepared | 537 |
| personally and includes a "wholesale distributor of dangerous | 538 |
| drugs" as defined in section 4729.01 of the Revised Code. | 539 |
| (DD) "Animal shelter" means a facility operated by a humane | 540 |
| society or any society organized under Chapter 1717. of the | 541 |
| Revised Code or a dog pound operated pursuant to Chapter 955. of | 542 |
| the Revised Code. | 543 |
| (EE) "Terminal distributor of dangerous drugs" has the same | 544 |
| meaning as in section 4729.01 of the Revised Code. | 545 |
| (FF) "Category III license" means a license issued to a | 546 |
| terminal distributor of dangerous drugs as set forth in section | 547 |
| 4729.54 of the Revised Code. | 548 |
| (GG) "Prosecutor" has the same meaning as in section 2935.01 | 549 |
| of the Revised Code. | 550 |
| (HH)(1) "Controlled substance analog" means, except as | 551 |
| provided in division (HH)(2) of this section, a substance to which | 552 |
| both of the following apply: | 553 |
| (a) The chemical structure of the substance is substantially | 554 |
| similar to the structure of a controlled substance in schedule I | 555 |
| or II. | 556 |
| (b) One of the following applies regarding the substance: | 557 |
| (i) The substance has a stimulant, depressant, or | 558 |
| hallucinogenic effect on the central nervous system that is | 559 |
| substantially similar to or greater than the stimulant, | 560 |
| depressant, or hallucinogenic effect on the central nervous system | 561 |
| of a controlled substance in schedule I or II. | 562 |
| (ii) With respect to a particular person, that person | 563 |
| represents or intends the substance to have a stimulant, | 564 |
| depressant, or hallucinogenic effect on the central nervous system | 565 |
| that is substantially similar to or greater than the stimulant, | 566 |
| depressant, or hallucinogenic effect on the central nervous system | 567 |
| of a controlled substance in schedule I or II. | 568 |
| (2) "Controlled substance analog" does not include any of the | 569 |
| following: | 570 |
| (a) A controlled substance; | 571 |
| (b) Any substance for which there is an approved new drug | 572 |
| application; | 573 |
| (c) With respect to a particular person, any substance if an | 574 |
| exemption is in effect for investigational use for that person | 575 |
| pursuant to federal law to the extent that conduct with respect to | 576 |
| that substance is pursuant to that exemption; | 577 |
| (d) Any substance to the extent it is not intended for human | 578 |
| consumption before the exemption described in division (HH)(2)(b) | 579 |
| of this section takes effect with respect to that substance. | 580 |
| Sec. 3719.41. Controlled substance schedules I, II, III, IV, | 581 |
| and V are hereby established, which schedules include the | 582 |
|
following, subject to amendment pursuant to section 3719.43 | 583 |
| 3719.44, 3719.45, or 3719.46 of the Revised Code. | 584 |
| 585 | |
| (A) Narcotics-opiates | 586 |
| Any of the following opiates, including their isomers, | 587 |
| esters, ethers, salts, and salts of isomers, esters, and ethers, | 588 |
| unless specifically excepted under federal drug abuse control | 589 |
| laws, whenever the existence of these isomers, esters, ethers, and | 590 |
| salts is possible within the specific chemical designation: | 591 |
| (1) Acetyl-alpha-methylfentanyl | 592 |
| (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide); | 593 |
| (2) Acetylmethadol; | 594 |
| (3) Allylprodine; | 595 |
| (4) Alphacetylmethadol (except levo-alphacetylmethadol, also | 596 |
| known as levo-alpha-acetylmethadol, levomethadyl acetate, or | 597 |
| LAAM); | 598 |
| (5) Alphameprodine; | 599 |
| (6) Alphamethadol; | 600 |
| (7) Alpha-methylfentanyl | 601 |
| (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl] propionanilide; | 602 |
| 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine); | 603 |
| (8) Alpha-methylthiofentanyl | 604 |
| (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N- | 605 |
| phenylpropanamide); | 606 |
| (9) Benzethidine; | 607 |
| (10) Betacetylmethadol; | 608 |
| (11) Beta-hydroxyfentanyl | 609 |
| (N-[1-(2-hydroxy-2-phenethyl-4-piperidinyl]-N- phenylpropanamide); | 610 |
| (12) Beta-hydroxy-3-methylfentanyl (other name: | 611 |
| N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N- | 612 |
| phenylpropanamide); | 613 |
| (13) Betameprodine; | 614 |
| (14) Betamethadol; | 615 |
| (15) Betaprodine; | 616 |
| (16) Clonitazene; | 617 |
| (17) Dextromoramide; | 618 |
| (18) Diampromide; | 619 |
| (19) Diethylthiambutene; | 620 |
| (20) Difenoxin; | 621 |
| (21) Dimenoxadol; | 622 |
| (22) Dimepheptanol; | 623 |
| (23) Dimethylthiambutene; | 624 |
| (24) Dioxaphetyl butyrate; | 625 |
| (25) Dipipanone; | 626 |
| (26) Ethylmethylthiambutene; | 627 |
| (27) Etonitazene; | 628 |
| (28) Etoxeridine; | 629 |
| (29) Furethidine; | 630 |
| (30) Hydroxypethidine; | 631 |
| (31) Ketobemidone; | 632 |
| (32) Levomoramide; | 633 |
| (33) Levophenacylmorphan; | 634 |
| (34) 3-methylfentanyl | 635 |
| (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N- phenylpropanamide); | 636 |
| (35) 3-methylthiofentanyl | 637 |
| (N-[3-methyl-1-[2-(thienyl)ethyl]-4-piperidinyl]-N- | 638 |
| phenylpropanamide); | 639 |
| (36) Morpheridine; | 640 |
| (37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine); | 641 |
| (38) Noracymethadol; | 642 |
| (39) Norlevorphanol; | 643 |
| (40) Normethadone; | 644 |
| (41) Norpipanone; | 645 |
| (42) Para-fluorofentanyl | 646 |
| (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]propanamide; | 647 |
| (43) PEPAP (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine; | 648 |
| (44) Phenadoxone; | 649 |
| (45) Phenampromide; | 650 |
| (46) Phenomorphan; | 651 |
| (47) Phenoperidine; | 652 |
| (48) Piritramide; | 653 |
| (49) Proheptazine; | 654 |
| (50) Properidine; | 655 |
| (51) Propiram; | 656 |
| (52) Racemoramide; | 657 |
| (53) Thiofentanyl | 658 |
| (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide; | 659 |
| (54) Tilidine; | 660 |
| (55) Trimeperidine. | 661 |
| (B) Narcotics-opium derivatives | 662 |
| Any of the following opium derivatives, including their | 663 |
| salts, isomers, and salts of isomers, unless specifically excepted | 664 |
| under federal drug abuse control laws, whenever the existence of | 665 |
| these salts, isomers, and salts of isomers is possible within the | 666 |
| specific chemical designation: | 667 |
| (1) Acetorphine; | 668 |
| (2) Acetyldihydrocodeine; | 669 |
| (3) Benzylmorphine; | 670 |
| (4) Codeine methylbromide; | 671 |
| (5) Codeine-n-oxide; | 672 |
| (6) Cyprenorphine; | 673 |
| (7) Desomorphine; | 674 |
| (8) Dihydromorphine; | 675 |
| (9) Drotebanol; | 676 |
| (10) Etorphine (except hydrochloride salt); | 677 |
| (11) Heroin; | 678 |
| (12) Hydromorphinol; | 679 |
| (13) Methyldesorphine; | 680 |
| (14) Methyldihydromorphine; | 681 |
| (15) Morphine methylbromide; | 682 |
| (16) Morphine methylsulfonate; | 683 |
| (17) Morphine-n-oxide; | 684 |
| (18) Myrophine; | 685 |
| (19) Nicocodeine; | 686 |
| (20) Nicomorphine; | 687 |
| (21) Normorphine; | 688 |
| (22) Pholcodine; | 689 |
| (23) Thebacon. | 690 |
| (C) Hallucinogens | 691 |
| Any material, compound, mixture, or preparation that contains | 692 |
| any quantity of the following hallucinogenic substances, including | 693 |
| their salts, isomers, and salts of isomers, unless specifically | 694 |
| excepted under federal drug abuse control laws, whenever the | 695 |
| existence of these salts, isomers, and salts of isomers is | 696 |
| possible within the specific chemical designation. For the | 697 |
| purposes of this division only, "isomer" includes the optical | 698 |
| isomers, position isomers, and geometric isomers. | 699 |
| (1) Alpha-ethyltryptamine (some trade or other names: | 700 |
| etryptamine; Monase; alpha-ethyl-1H-indole-3-ethanamine; | 701 |
| 3-(2-aminobutyl) indole; alpha-ET; and AET); | 702 |
| (2) 4-bromo-2,5-dimethoxyamphetamine (some trade or other | 703 |
| names: 4-bromo-2,5-dimethoxy-alpha-methyphenethylamine; | 704 |
| 4-bromo-2,5-DMA); | 705 |
| (3) 4-bromo-2,5-dimethoxyphenethylamine (some trade or other | 706 |
| names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; | 707 |
| alpha-desmethyl DOB; 2C-B, Nexus); | 708 |
| (4) 2,5-dimethoxyamphetamine (some trade or other names: | 709 |
| 2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA); | 710 |
| (5) 2,5-dimethoxy-4-ethylamphetamine (some trade or other | 711 |
| names: DOET); | 712 |
| (6) 4-methoxyamphetamine (some trade or other names: | 713 |
| 4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; | 714 |
| PMA); | 715 |
| (7) 5-methoxy-3,4-methylenedioxy-amphetamine; | 716 |
| (8) 4-methyl-2,5-dimethoxy-amphetamine (some trade or other | 717 |
| names: 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; "DOM" | 718 |
| and "STP"); | 719 |
| (9) 3,4-methylenedioxy amphetamine (MDA); | 720 |
| (10) 3,4-methylenedioxymethamphetamine (MDMA); | 721 |
| (11) 3,4-methylenedioxy-N-ethylamphetamine (also known as | 722 |
| N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl | 723 |
| MDA, MDE, MDEA); | 724 |
| (12) N-hydroxy-3,4-methylenedioxyamphetamine (also known as | 725 |
| N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine and | 726 |
| N-hydroxy MDA); | 727 |
| (13) 3,4,5-trimethoxy amphetamine; | 728 |
| (14) Bufotenine (some trade or other names: | 729 |
| 3-(beta-dimethylaminoethyl)-5-hydroxyindole; | 730 |
| 3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin; | 731 |
| 5-hydroxy-N, N-dimethyltryptamine; mappine); | 732 |
| (15) Diethyltryptamine (some trade or other names: N, | 733 |
| N-diethyltryptamine; DET); | 734 |
| (16) Dimethyltryptamine (some trade or other names: DMT); | 735 |
| (17) Ibogaine (some trade or other names: | 736 |
| 7-ethyl-6,6beta,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano- | 737 |
| 5H-pyrido[1',2':1,2] azepino [5, 4-b] indole; tabernanthe iboga); | 738 |
| (18) Lysergic acid diethylamide; | 739 |
| (19) Marihuana; | 740 |
| (20) Mescaline; | 741 |
| (21) Parahexyl (some trade or other names: 3-hexyl-1- | 742 |
| hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran; | 743 |
| synhexyl); | 744 |
| (22) Peyote (meaning all parts of the plant presently | 745 |
| classified botanically as "Lophophora williamsii Lemaire," whether | 746 |
| growing or not, the seeds of that plant, any extract from any part | 747 |
| of that plant, and every compound, manufacture, salts, derivative, | 748 |
| mixture, or preparation of that plant, its seeds, or its | 749 |
| extracts); | 750 |
| (23) N-ethyl-3-piperidyl benzilate; | 751 |
| (24) N-methyl-3-piperidyl benzilate; | 752 |
| (25) Psilocybin; | 753 |
| (26) Psilocyn; | 754 |
| (27) Tetrahydrocannabinols (synthetic equivalents of the | 755 |
| substances contained in the plant, or in the resinous extractives | 756 |
| of Cannabis, sp. and/or synthetic substances, derivatives, and | 757 |
| their isomers with similar chemical structure and pharmacological | 758 |
| activity such as the following: delta-1-cis or trans | 759 |
| tetrahydrocannabinol, and their optical isomers; delta-6-cis or | 760 |
| trans tetrahydrocannabinol, and their optical isomers; | 761 |
| delta-3,4-cis or trans tetrahydrocannabinol, and its optical | 762 |
| isomers. (Since nomenclature of these substances is not | 763 |
| internationally standardized, compounds of these structures, | 764 |
| regardless of numerical designation of atomic positions, are | 765 |
| covered.)); | 766 |
| (28) Ethylamine analog of phencyclidine (some trade or other | 767 |
| names: N-ethyl-1-phenylcyclohexylamine; | 768 |
| (1-phenylcyclohexyl)ethylamine; N-(1-phenylcyclohexyl)ethylamine; | 769 |
| cyclohexamine; PCE); | 770 |
| (29) Pyrrolidine analog of phencyclidine (some trade or other | 771 |
| names: 1-(1-phenylcyclohexyl)pyrrolidine; PCPy; PHP); | 772 |
| (30) Thiophene analog of phencyclidine (some trade or other | 773 |
| names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine; 2-thienyl analog | 774 |
| of phencyclidine; TPCP; TCP); | 775 |
| (31) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine; | 776 |
| (32) Hashish; | 777 |
| (33) Salvia divinorum; | 778 |
| (34) Salvinorin A; | 779 |
| (35) | 780 |
| (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone | 781 |
| (UR-144); | 782 |
| (36) 1-pentyl-3-(1-adamantoyl)indole (AB-001); | 783 |
| (37) N-adamantyl-1-pentylindole-3-carboxamide; | 784 |
| (38) N-adamantyl-1-pentylindazole-3-carboxamide (AKB48); | 785 |
| (39) 2-ethylamino-2-(3-methoxyphenyl)cyclohexanone | 786 |
| (methoxetamine); | 787 |
| (40) N,N-diallyl-5-methoxytryptamine (5MeO-DALT); | 788 |
| (41) | 789 |
| [1-(5-fluoropentylindol-3-yl)]-(2,2,3,3-tetramethylcyclopropyl)methanone | 790 |
| (5-fluoropentyl-UR-144; XLR11); | 791 |
| (42) | 792 |
| [1-(5-chloropentylindol-3-yl)]-(2,2,3,3-tetramethylcyclopropyl)methanone | 793 |
| (5-chloropentyl-UR-144); | 794 |
| (43) | 795 |
| [1-(5-bromopentylindol-3-yl)]-(2,2,3,3-tetramethylcyclopropyl)methanone | 796 |
| (5-bromopentyl-UR-144); | 797 |
| (44) | 798 |
| {1-[2-(4-morpholinyl)ethyl]indol-3-yl}-(2,2,3,3-tetramethylcyclopropyl) | 799 |
| methanone (A-796,260); | 800 |
| (45) | 801 |
| 1-[(N-methylpiperidin-2-yl)methyl]-3-(1-adamantoyl)indole | 802 |
| (AM1248); | 803 |
| (46) N-adamantyl-1-(5-fluoropentylindole)-3-carboxamide; | 804 |
| (47) 5-(2-aminopropyl)benzofuran (5-APB); | 805 |
| (48) 6-(2-aminopropyl)benzofuran (6-APB); | 806 |
| (49) 5-(2-aminopropyl)-2,3-dihydrobenzofuran (5-APDB); | 807 |
| (50) 6-(2-aminopropyl)-2,3-dihydrobenzofuran (6-APDB); | 808 |
| (51) Benzothiophenylcyclohexylpiperidine (BTCP); | 809 |
| (52) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E); | 810 |
| (53) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D); | 811 |
| (54) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C); | 812 |
| (55) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I); | 813 |
| (56) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine | 814 |
| (2C-T-2); | 815 |
| (57) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine | 816 |
| (2C-T-4); | 817 |
| (58) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H); | 818 |
| (59) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N); | 819 |
| (60) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P); | 820 |
| (61) 4-methoxymethamphetamine (PMMA); | 821 |
| (62) 5,6 - Methylenedioxy-2-aminoindane (MDAI); | 822 |
| (63) 5-iodo-2-aminoindiane (5-IAI); | 823 |
| (64) 2-(4-iodo-2,5-dimethoxyphenyl)-N- | 824 |
| [(2-methoxyphenyl)methyl]ethanamine(25I-NBOMe); | 825 |
| (65) Diphenylprolinol (diphenyl(pyrrolidin-2-yl)methanol, | 826 |
| D2PM); | 827 |
| (66) Desoxypipradrol (2-benzhydrylpiperidine); | 828 |
| (67) Synthetic cannabinoids - unless specifically excepted or | 829 |
| unless listed in another schedule, any material, compound, | 830 |
| mixture, or preparation that contains any quantity of a synthetic | 831 |
| cannabinoid found to be in any of the following chemical groups or | 832 |
| any of those groups which contain any synthetic cannabinoid salts, | 833 |
| isomers, or salts of isomers, whenever the existence of such | 834 |
| salts, isomers, or salts of isomers is possible within the | 835 |
| specific chemical groups: | 836 |
| (a) Naphthoylindoles: any compound containing a | 837 |
| 3-(1-naphthoyl)indole structure with or without substitution at | 838 |
| the nitrogen atom of the indole ring by an alkyl, haloalkyl, | 839 |
| alkenyl, cycloalkylmethyl, cycloalkylethyl, | 840 |
| (N-methylpiperidin-2-yl)methyl, cyanoalkyl, | 841 |
| (N-methylpyrrolidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl, | 842 |
| ((N-methyl)-3-morpholinyl)methyl, or 2-(4-morpholinyl)ethyl group, | 843 |
| whether or not further substituted on the indole ring to any | 844 |
| extent or whether or not substituted on the naphthyl group to any | 845 |
| extent. Naphthoylindoles include, but are not limited to, | 846 |
| 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200); | 847 |
| 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM2201), | 848 |
| 1-pentyl-3-(1-naphthoyl)indole (JWH-018), and | 849 |
| 1-butyl-3-(1-naphthoyl)indole (JWH-073). | 850 |
| (b) Naphthylmethylindoles: any compound containing a | 851 |
| 1H-indol-3-yl-(1-naphthyl)methane structure with or without | 852 |
| substitution at the nitrogen atom of the indole ring by an alkyl, | 853 |
| haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, | 854 |
| (N-methylpiperidin-2-yl)methyl, cyanoalkyl, | 855 |
| (N-methylpyrrolidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl, | 856 |
| ((N-methyl)-3-morpholinyl)methyl, or 2-(4-morpholinyl)ethyl group, | 857 |
| whether or not further substituted on the indole ring to any | 858 |
| extent or whether or not substituted on the naphthyl group to any | 859 |
| extent. Naphthylmethylindoles include, but are not limited to, | 860 |
| (1-pentylindol-3-yl)(1-naphthyl)methane (JWH-175). | 861 |
| (c) Naphthoylpyrroles: any compound containing a | 862 |
| 3-(1-naphthoyl)pyrrole structure with or without substitution at | 863 |
| the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, | 864 |
| alkenyl, cycloalkylmethyl, cycloalkylethyl, | 865 |
| (N-methylpiperidin-2-yl)methyl, cyanoalkyl, | 866 |
| (N-methylpyrrolidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl, | 867 |
| ((N-methyl)-3-morpholinyl)methyl, or 2-(4-morpholinyl)ethyl group, | 868 |
| whether or not further substituted on the pyrrole ring to any | 869 |
| extent or whether or not substituted on the naphthyl group to any | 870 |
| extent. Naphthoylpyrroles include, but are not limited to, | 871 |
| 1-hexyl-2-phenyl-4-(1-naphthoyl)pyrrole (JWH-147). | 872 |
| (d) Naphthylmethylindenes: any compound containing a | 873 |
| naphthylmethylideneindene structure with or without substitution | 874 |
| at the 3-position of the indene ring by an alkyl, haloalkyl, | 875 |
| alkenyl, cycloalkylmethyl, cycloalkylethyl, | 876 |
| (N-methylpiperidin-2-yl)methyl, cyanoalkyl, | 877 |
| (N-methylpyrrolidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl, | 878 |
| ((N-methyl)-3-morpholinyl)methyl, or 2-(4-morpholinyl)ethyl group, | 879 |
| whether or not further substituted on the indene group to any | 880 |
| extent or whether or not substituted on the naphthyl group to any | 881 |
| extent. Naphthylmethylindenes include, but are not limited to, | 882 |
| (1-[(3-pentyl)-1H-inden-1-ylidene)methyl]naphthalene (JWH-176). | 883 |
| (e) Phenylacetylindoles: any compound containing a | 884 |
| 3-phenylacetylindole structure with or without substitution at the | 885 |
| nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, | 886 |
| cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl, | 887 |
| cyanoalkyl, (N-methylpyrrolidin-2-yl)methyl, | 888 |
| (tetrahydropyran-4-yl)methyl, ((N-methyl)-3-morpholinyl)methyl, or | 889 |
| 2-(4-morpholinyl)ethyl group, whether or not further substituted | 890 |
| on the indole ring to any extent or whether or not substituted on | 891 |
| the phenyl group to any extent. Phenylacetylindoles include, but | 892 |
| are not limited to, 1-pentyl-3-(2-methoxyphenylacetyl)indole | 893 |
| (JWH-250), and | 894 |
| 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8); | 895 |
| 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203). | 896 |
| (f) Cyclohexylphenols: any compound containing a | 897 |
| 2-(3-hydroxycyclohexyl)phenol structure with or without | 898 |
| substitution at the 5-position of the phenolic ring by an alkyl, | 899 |
| haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, | 900 |
| (N-methylpiperidin-2-yl)methyl, cyanoalkyl, | 901 |
| (N-methylpyrrolidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl, | 902 |
| ((N-methyl)-3-morpholinyl)methyl, or 2-(4-morpholinyl)ethyl group, | 903 |
| whether or not further substituted on the cyclohexyl group to any | 904 |
| extent. Cyclohexylphenols include, but are not limited to, | 905 |
| 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol | 906 |
| (some trade or other names: CP-47,497) and | 907 |
| 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (some | 908 |
| trade or other names: cannabicyclohexanol; CP-47,497 C8 | 909 |
| homologue). | 910 |
| (g) Benzoylindoles: any compound containing a | 911 |
| 3-(1-benzoyl)indole structure with or without substitution at the | 912 |
| nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, | 913 |
| cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl, | 914 |
| cyanoalkyl, (N-methylpyrrolidin-2-yl)methyl, | 915 |
| (tetrahydropyran-4-yl)methyl, ((N-methyl)-3-morpholinyl)methyl or | 916 |
| 2-(4-morpholinyl)ethyl group, whether or not further substituted | 917 |
| on the indole ring to any extent or whether or not substituted on | 918 |
| the phenyl group to any extent. Benzoylindoles include, but are | 919 |
| not limited to, 1-pentyl-3-(4-methoxybenzoyl)indole (RCS-4), | 920 |
| 1-[2-(4-morpholinyl)ethyl]-2-methyl-3-(4-methoxybenzoyl)indole | 921 |
| (Pravadoline or WIN 48, 098). | 922 |
| (D) Depressants | 923 |
| Any material, compound, mixture, or preparation that contains | 924 |
| any quantity of the following substances having a depressant | 925 |
| effect on the central nervous system, including their salts, | 926 |
| isomers, and salts of isomers, unless specifically excepted under | 927 |
| federal drug abuse control laws, whenever the existence of these | 928 |
| salts, isomers, and salts of isomers is possible within the | 929 |
| specific chemical designation: | 930 |
| (1) Mecloqualone; | 931 |
| (2) Methaqualone. | 932 |
| (E) Stimulants | 933 |
| Unless specifically excepted or unless listed in another | 934 |
| schedule, any material, compound, mixture, or preparation that | 935 |
| contains any quantity of the following substances having a | 936 |
| stimulant effect on the central nervous system, including their | 937 |
| salts, isomers, and salts of isomers: | 938 |
| (1) Aminorex (some other names: aminoxaphen; | 939 |
| 2-amino-5-phenyl-2-oxazoline; or | 940 |
| 4,5-dihydro-5-phenyl-2-oxazolamine); | 941 |
| (2) Fenethylline; | 942 |
| (3) (+/-)cis-4-methylaminorex | 943 |
| ((+/-)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine); | 944 |
| (4) N-ethylamphetamine; | 945 |
| (5) N,N-dimethylamphetamine (also known as | 946 |
| N,N-alpha-trimethyl-benzeneethanamine; | 947 |
| N,N-alpha-trimethylphenethylamine); | 948 |
| (6) N-methyl-1-(thiophen-2-yl) propan-2-amine | 949 |
| (Methiopropamine); | 950 |
| (7) Substituted cathinones - any compound except bupropion or | 951 |
| compounds listed under a different schedule, structurally derived | 952 |
| from 2-aminopropan-1-one by substitution at the 1-position with | 953 |
| either phenyl, naphthyl, or thiophene ring systems, whether or not | 954 |
| the compound is further modified in any of the following ways: | 955 |
| (a) By substitution in the ring system to any extent with | 956 |
| alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide | 957 |
| substituents, whether or not further substituted in the ring | 958 |
| system by one or more other univalent substituents; | 959 |
| (b) By substitution at the 3-position with an acyclic alkyl | 960 |
| substituent; | 961 |
| (c) By substitution at the 2-amino nitrogen atom with alkyl, | 962 |
| dialkyl, benzyl, or methoxybenzyl groups; | 963 |
| (d) By inclusion of the 2-amino nitrogen atom in a cyclic | 964 |
| structure. | 965 |
| Examples of substituted cathinones include, but are not | 966 |
| limited to, methylone (3,4-methylenedioxymethcathinone), MDPV | 967 |
| (3,4-methylenedioxypyrovalerone), mephedrone | 968 |
| (4-methylmethcathinone), 4-methoxymethcathinone, | 969 |
| 4-fluoromethcathinone, 3-fluoromethcathinone, Pentedrone | 970 |
| (2-(methylamino)-1-phenyl-1-pentanone), pentylone | 971 |
| (1-(1,3-benzodioxol-5-yl)-2-(methylamino)-1-pentanone), | 972 |
| 2-(1-pyrrolidinyl)-1-(4-methylphenyl)-1-propanone, alpha-PVP | 973 |
| (1-phenyl-2-(1-pyrrodinyl)-1-pentanone), cathinone | 974 |
| (2-amino-1-phenyl-1-propanone), and methcathinone | 975 |
| (2-(methylamino)-propiophenone). | 976 |
| 977 | |
| (A) Narcotics-opium and opium derivatives | 978 |
| Unless specifically excepted under federal drug abuse control | 979 |
| laws or unless listed in another schedule, any of the following | 980 |
| substances whether produced directly or indirectly by extraction | 981 |
| from substances of vegetable origin, independently by means of | 982 |
| chemical synthesis, or by a combination of extraction and chemical | 983 |
| synthesis: | 984 |
| (1) Opium and opiate, and any salt, compound, derivative, or | 985 |
| preparation of opium or opiate, excluding apomorphine, | 986 |
| thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene, | 987 |
| naloxone, and naltrexone, and their respective salts, but | 988 |
| including the following: | 989 |
| (a) Raw opium; | 990 |
| (b) Opium extracts; | 991 |
| (c) Opium fluid extracts; | 992 |
| (d) Powdered opium; | 993 |
| (e) Granulated opium; | 994 |
| (f) Tincture of opium; | 995 |
| (g) Codeine; | 996 |
| (h) Ethylmorphine; | 997 |
| (i) Etorphine hydrochloride; | 998 |
| (j) Hydrocodone; | 999 |
| (k) Hydromorphone; | 1000 |
| (l) Metopon; | 1001 |
| (m) Morphine; | 1002 |
| (n) Oxycodone; | 1003 |
| (o) Oxymorphone; | 1004 |
| (p) Thebaine. | 1005 |
| (2) Any salt, compound, derivative, or preparation thereof | 1006 |
| that is chemically equivalent to or identical with any of the | 1007 |
| substances referred to in division (A)(1) of this schedule, except | 1008 |
| that these substances shall not include the isoquinoline alkaloids | 1009 |
| of opium; | 1010 |
| (3) Opium poppy and poppy straw; | 1011 |
| (4) Coca leaves and any salt, compound, derivative, or | 1012 |
| preparation of coca leaves (including cocaine and ecgonine, their | 1013 |
| salts, isomers, and derivatives, and salts of those isomers and | 1014 |
| derivatives), and any salt, compound, derivative, or preparation | 1015 |
| thereof that is chemically equivalent to or identical with any of | 1016 |
| these substances, except that the substances shall not include | 1017 |
| decocainized coca leaves or extraction of coca leaves, which | 1018 |
| extractions do not contain cocaine or ecgonine; | 1019 |
| (5) Concentrate of poppy straw (the crude extract of poppy | 1020 |
| straw in either liquid, solid, or powder form that contains the | 1021 |
| phenanthrene alkaloids of the opium poppy). | 1022 |
| (B) Narcotics-opiates | 1023 |
| Unless specifically excepted under federal drug abuse control | 1024 |
| laws or unless listed in another schedule, any of the following | 1025 |
| opiates, including their isomers, esters, ethers, salts, and salts | 1026 |
| of isomers, esters, and ethers, whenever the existence of these | 1027 |
| isomers, esters, ethers, and salts is possible within the specific | 1028 |
| chemical designation, but excluding dextrorphan and | 1029 |
| levopropoxyphene: | 1030 |
| (1) Alfentanil; | 1031 |
| (2) Alphaprodine; | 1032 |
| (3) Anileridine; | 1033 |
| (4) Bezitramide; | 1034 |
| (5) Bulk dextropropoxyphene (non-dosage forms); | 1035 |
| (6) Carfentanil; | 1036 |
| (7) Dihydrocodeine; | 1037 |
| (8) Diphenoxylate; | 1038 |
| (9) Fentanyl; | 1039 |
| (10) Isomethadone; | 1040 |
| (11) Levo-alphacetylmethadol (some other names: | 1041 |
| levo-alpha-acetylmethadol; levomethadyl acetate; LAAM); | 1042 |
| (12) Levomethorphan; | 1043 |
| (13) Levorphanol; | 1044 |
| (14) Metazocine; | 1045 |
| (15) Methadone; | 1046 |
| (16) Methadone-intermediate, | 1047 |
| 4-cyano-2-dimethylamino-4,4-diphenyl butane; | 1048 |
| (17) Moramide-intermediate, | 1049 |
| 2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic acid; | 1050 |
| (18) Pethidine (meperidine); | 1051 |
| (19) Pethidine-intermediate-A, | 1052 |
| 4-cyano-1-methyl-4-phenylpiperidine; | 1053 |
| (20) Pethidine-intermediate-B, | 1054 |
| ethyl-4-phenylpiperidine-4-carboxylate; | 1055 |
| (21) Pethidine-intermediate-C, | 1056 |
| 1-methyl-4-phenylpiperidine-4-carboxylic acid; | 1057 |
| (22) Phenazocine; | 1058 |
| (23) Piminodine; | 1059 |
| (24) Racemethorphan; | 1060 |
| (25) Racemorphan; | 1061 |
| (26) Remifentanil; | 1062 |
| (27) Sufentanil. | 1063 |
| (C) Stimulants | 1064 |
| Unless specifically excepted under federal drug abuse control | 1065 |
| laws or unless listed in another schedule, any material, compound, | 1066 |
| mixture, or preparation that contains any quantity of the | 1067 |
| following substances having a stimulant effect on the central | 1068 |
| nervous system: | 1069 |
| (1) Amphetamine, its salts, its optical isomers, and salts of | 1070 |
| its optical isomers; | 1071 |
| (2) Methamphetamine, its salts, its isomers, and salts of its | 1072 |
| isomers; | 1073 |
| (3) Methylphenidate; | 1074 |
| (4) Phenmetrazine and its salts. | 1075 |
| (D) Depressants | 1076 |
| Unless specifically excepted under federal drug abuse control | 1077 |
| laws or unless listed in another schedule, any material, compound, | 1078 |
| mixture, or preparation that contains any quantity of the | 1079 |
| following substances having a depressant effect on the central | 1080 |
| nervous system, including their salts, isomers, and salts of | 1081 |
| isomers, whenever the existence of these salts, isomers, and salts | 1082 |
| of isomers is possible within the specific chemical designation: | 1083 |
| (1) Amobarbital; | 1084 |
| (2) Gamma-hydroxy-butyrate; | 1085 |
| (3) Glutethimide; | 1086 |
| (4) Pentobarbital; | 1087 |
| (5) Phencyclidine (some trade or other names: | 1088 |
| 1-(1-phenylcyclohexyl)piperidine; PCP); | 1089 |
| (6) Secobarbital; | 1090 |
| (7) 1-aminophenylcyclohexane and all N-mono-substituted | 1091 |
| and/or all N-N-disubstituted analogs including, but not limited | 1092 |
| to, the following: | 1093 |
| (a) 1-phenylcyclohexylamine; | 1094 |
| (b) (1-phenylcyclohexyl) methylamine; | 1095 |
| (c) (1-phenylcyclohexyl) dimethylamine; | 1096 |
| (d) (1-phenylcyclohexyl) methylethylamine; | 1097 |
| (e) (1-phenylcyclohexyl) isopropylamine; | 1098 |
| (f) 1-(1-phenylcyclohexyl) morpholine. | 1099 |
| (E) Hallucinogenic substances | 1100 |
| (1) Nabilone (another name for nabilone: | 1101 |
| (+)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1- | 1102 |
| hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one). | 1103 |
| (F) Immediate precursors | 1104 |
| Unless specifically excepted under federal drug abuse control | 1105 |
| laws or unless listed in another schedule, any material, compound, | 1106 |
| mixture, or preparation that contains any quantity of the | 1107 |
| following substances: | 1108 |
| (1) Immediate precursor to amphetamine and methamphetamine: | 1109 |
| (a) Phenylacetone (some trade or other names: | 1110 |
| phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl | 1111 |
| ketone); | 1112 |
| (2) Immediate precursors to phencyclidine (PCP): | 1113 |
| (a) 1-phenylcyclohexylamine; | 1114 |
| (b) 1-piperidinocyclohexanecarbonitrile (PCC). | 1115 |
| 1116 | |
| (A) Stimulants | 1117 |
| Unless specifically excepted under federal drug abuse control | 1118 |
| laws or unless listed in another schedule, any material, compound, | 1119 |
| mixture, or preparation that contains any quantity of the | 1120 |
| following substances having a stimulant effect on the central | 1121 |
| nervous system, including their salts, their optical isomers, | 1122 |
| position isomers, or geometric isomers, and salts of these | 1123 |
| isomers, whenever the existence of these salts, isomers, and salts | 1124 |
| of isomers is possible within the specific chemical designation: | 1125 |
| (1) All stimulant compounds, mixtures, and preparations | 1126 |
| included in schedule III pursuant to the federal drug abuse | 1127 |
| control laws and regulations adopted under those laws; | 1128 |
| (2) Benzphetamine; | 1129 |
| (3) Chlorphentermine; | 1130 |
| (4) Clortermine; | 1131 |
| (5) Phendimetrazine. | 1132 |
| (B) Depressants | 1133 |
| Unless specifically excepted under federal drug abuse control | 1134 |
| laws or unless listed in another schedule, any material, compound, | 1135 |
| mixture, or preparation that contains any quantity of the | 1136 |
| following substances having a depressant effect on the central | 1137 |
| nervous system: | 1138 |
| (1) Any compound, mixture, or preparation containing | 1139 |
| amobarbital, secobarbital, pentobarbital, or any salt of any of | 1140 |
| these drugs, and one or more other active medicinal ingredients | 1141 |
| that are not listed in any schedule; | 1142 |
| (2) Any suppository dosage form containing amobarbital, | 1143 |
| secobarbital, pentobarbital, or any salt of any of these drugs and | 1144 |
| approved by the food and drug administration for marketing only as | 1145 |
| a suppository; | 1146 |
| (3) Any substance that contains any quantity of a derivative | 1147 |
| of barbituric acid or any salt of a derivative of barbituric acid; | 1148 |
| (4) Chlorhexadol; | 1149 |
| (5) Ketamine, its salts, isomers, and salts of isomers (some | 1150 |
| other names for ketamine: | 1151 |
| (+/-)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone); | 1152 |
| (6) Lysergic acid; | 1153 |
| (7) Lysergic acid amide; | 1154 |
| (8) Methyprylon; | 1155 |
| (9) Sulfondiethylmethane; | 1156 |
| (10) Sulfonethylmethane; | 1157 |
| (11) Sulfonmethane; | 1158 |
| (12) Tiletamine, zolazepam, or any salt of tiletamine or | 1159 |
| zolazepam (some trade or other names for a tiletamine-zolazepam | 1160 |
| combination product: Telazol); (some trade or other names for | 1161 |
| tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone); (some | 1162 |
| trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8- | 1163 |
| dihydro-1,3,8-trimethylpyrazolo-[3, 4-e][1,4]-diazepin-7(1H)-one; | 1164 |
| flupyrazapon). | 1165 |
| (C) Narcotic antidotes | 1166 |
| (1) Nalorphine. | 1167 |
| (D) Narcotics-narcotic preparations | 1168 |
| Unless specifically excepted under federal drug abuse control | 1169 |
| laws or unless listed in another schedule, any material, compound, | 1170 |
| mixture, or preparation that contains any of the following | 1171 |
| narcotic drugs, or their salts calculated as the free anhydrous | 1172 |
| base or alkaloid, in limited quantities as set forth below: | 1173 |
| (1) Not more than 1.8 grams of codeine per 100 milliliters or | 1174 |
| not more than 90 milligrams per dosage unit, with an equal or | 1175 |
| greater quantity of an isoquinoline alkaloid of opium; | 1176 |
| (2) Not more than 1.8 grams of codeine per 100 milliliters or | 1177 |
| not more than 90 milligrams per dosage unit, with one or more | 1178 |
| active, nonnarcotic ingredients in recognized therapeutic amounts; | 1179 |
| (3) Not more than 300 milligrams of dihydrocodeinone per 100 | 1180 |
| milliliters or not more than 15 milligrams per dosage unit, with a | 1181 |
| fourfold or greater quantity of an isoquinoline alkaloid of opium; | 1182 |
| (4) Not more than 300 milligrams of dihydrocodeinone per 100 | 1183 |
| milliliters or not more than 15 milligrams per dosage unit, with | 1184 |
| one or more active, nonnarcotic ingredients in recognized | 1185 |
| therapeutic amounts; | 1186 |
| (5) Not more than 1.8 grams of dihydrocodeine per 100 | 1187 |
| milliliters or not more than 90 milligrams per dosage unit, with | 1188 |
| one or more active, nonnarcotic ingredients in recognized | 1189 |
| therapeutic amounts; | 1190 |
| (6) Not more than 300 milligrams of ethylmorphine per 100 | 1191 |
| milliliters or not more than 15 milligrams per dosage unit, with | 1192 |
| one or more active, nonnarcotic ingredients in recognized | 1193 |
| therapeutic amounts; | 1194 |
| (7) Not more than 500 milligrams of opium per 100 milliliters | 1195 |
| or per 100 grams or not more than 25 milligrams per dosage unit, | 1196 |
| with one or more active, nonnarcotic ingredients in recognized | 1197 |
| therapeutic amounts; | 1198 |
| (8) Not more than 50 milligrams of morphine per 100 | 1199 |
| milliliters or per 100 grams, with one or more active, nonnarcotic | 1200 |
| ingredients in recognized therapeutic amounts. | 1201 |
| (E) Anabolic steroids | 1202 |
| Unless specifically excepted under federal drug abuse control | 1203 |
| laws or unless listed in another schedule, any material, compound, | 1204 |
| mixture, or preparation that contains any quantity of the | 1205 |
| following substances, including their salts, esters, isomers, and | 1206 |
| salts of esters and isomers, whenever the existence of these | 1207 |
| salts, esters, and isomers is possible within the specific | 1208 |
| chemical designation: | 1209 |
| (1) Anabolic steroids. Except as otherwise provided in | 1210 |
| division (E)(1) of schedule III, "anabolic steroids" means any | 1211 |
| drug or hormonal substance that is chemically and | 1212 |
| pharmacologically related to testosterone (other than estrogens, | 1213 |
| progestins, and corticosteroids) and that promotes muscle growth. | 1214 |
| "Anabolic steroids" does not include an anabolic steroid that is | 1215 |
| expressly intended for administration through implants to cattle | 1216 |
| or other nonhuman species and that has been approved by the United | 1217 |
| States secretary of health and human services for that | 1218 |
| administration, unless a person prescribes, dispenses, or | 1219 |
| distributes this type of anabolic steroid for human use. "Anabolic | 1220 |
| steroid" includes, but is not limited to, the following: | 1221 |
| (a) Boldenone; | 1222 |
| (b) Chlorotestosterone (4-chlortestosterone); | 1223 |
| (c) Clostebol; | 1224 |
| (d) Dehydrochlormethyltestosterone; | 1225 |
| (e) Dihydrotestosterone (4-dihydrotestosterone); | 1226 |
| (f) Drostanolone; | 1227 |
| (g) Ethylestrenol; | 1228 |
| (h) Fluoxymesterone; | 1229 |
| (i) Formebulone (formebolone); | 1230 |
| (j) Mesterolone; | 1231 |
| (k) Methandienone; | 1232 |
| (l) Methandranone; | 1233 |
| (m) Methandriol; | 1234 |
| (n) Methandrostenolone; | 1235 |
| (o) Methenolone; | 1236 |
| (p) Methyltestosterone; | 1237 |
| (q) Mibolerone; | 1238 |
| (r) Nandrolone; | 1239 |
| (s) Norethandrolone; | 1240 |
| (t) Oxandrolone; | 1241 |
| (u) Oxymesterone; | 1242 |
| (v) Oxymetholone; | 1243 |
| (w) Stanolone; | 1244 |
| (x) Stanozolol; | 1245 |
| (y) Testolactone; | 1246 |
| (z) Testosterone; | 1247 |
| (aa) Trenbolone; | 1248 |
| (bb) Any salt, ester, isomer, or salt of an ester or isomer | 1249 |
| of a drug or hormonal substance described or listed in division | 1250 |
| (E)(1) of schedule III if the salt, ester, or isomer promotes | 1251 |
| muscle growth. | 1252 |
| (F) Hallucinogenic substances | 1253 |
| (1) Dronabinol (synthetic) in sesame oil and encapsulated in | 1254 |
| a soft gelatin capsule in a United States food and drug | 1255 |
| administration approved drug product (some other names for | 1256 |
| dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro- | 1257 |
| 6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol, or | 1258 |
| (-)-delta-9-(trans)-tetrahydrocannabinol). | 1259 |
| 1260 | |
| (A) Narcotic drugs | 1261 |
| Unless specifically excepted by federal drug abuse control | 1262 |
| laws or unless listed in another schedule, any material, compound, | 1263 |
| mixture, or preparation that contains any of the following | 1264 |
| narcotic drugs, or their salts calculated as the free anhydrous | 1265 |
| base or alkaloid, in limited quantities as set forth below: | 1266 |
| (1) Not more than one milligram of difenoxin and not less | 1267 |
| than 25 micrograms of atropine sulfate per dosage unit; | 1268 |
| (2) Dextropropoxyphene | 1269 |
| (alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2- | 1270 |
| propionoxybutane)[final dosage forms]. | 1271 |
| (B) Depressants | 1272 |
| Unless specifically excepted under federal drug abuse control | 1273 |
| laws or unless listed in another schedule, any material, compound, | 1274 |
| mixture, or preparation that contains any quantity of the | 1275 |
| following substances, including their salts, isomers, and salts of | 1276 |
| isomers, whenever the existence of these salts, isomers, and salts | 1277 |
| of isomers is possible within the specific chemical designation: | 1278 |
| (1) Alprazolam; | 1279 |
| (2) Barbital; | 1280 |
| (3) Bromazepam; | 1281 |
| (4) Camazepam; | 1282 |
| (5) Chloral betaine; | 1283 |
| (6) Chloral hydrate; | 1284 |
| (7) Chlordiazepoxide; | 1285 |
| (8) Clobazam; | 1286 |
| (9) Clonazepam; | 1287 |
| (10) Clorazepate; | 1288 |
| (11) Clotiazepam; | 1289 |
| (12) Cloxazolam; | 1290 |
| (13) Delorazepam; | 1291 |
| (14) Diazepam; | 1292 |
| (15) Estazolam; | 1293 |
| (16) Ethchlorvynol; | 1294 |
| (17) Ethinamate; | 1295 |
| (18) Ethyl loflazepate; | 1296 |
| (19) Fludiazepam; | 1297 |
| (20) Flunitrazepam; | 1298 |
| (21) Flurazepam; | 1299 |
| (22) Halazepam; | 1300 |
| (23) Haloxazolam; | 1301 |
| (24) Ketazolam; | 1302 |
| (25) Loprazolam; | 1303 |
| (26) Lorazepam; | 1304 |
| (27) Lormetazepam; | 1305 |
| (28) Mebutamate; | 1306 |
| (29) Medazepam; | 1307 |
| (30) Meprobamate; | 1308 |
| (31) Methohexital; | 1309 |
| (32) Methylphenobarbital (mephobarbital); | 1310 |
| (33) Midazolam; | 1311 |
| (34) Nimetazepam; | 1312 |
| (35) Nitrazepam; | 1313 |
| (36) Nordiazepam; | 1314 |
| (37) Oxazepam; | 1315 |
| (38) Oxazolam; | 1316 |
| (39) Paraldehyde; | 1317 |
| (40) Petrichloral; | 1318 |
| (41) Phenobarbital; | 1319 |
| (42) Pinazepam; | 1320 |
| (43) Prazepam; | 1321 |
| (44) Quazepam; | 1322 |
| (45) Temazepam; | 1323 |
| (46) Tetrazepam; | 1324 |
| (47) Triazolam; | 1325 |
| (48) Zaleplon; | 1326 |
| (49) Zolpidem. | 1327 |
| (C) Fenfluramine | 1328 |
| Any material, compound, mixture, or preparation that contains | 1329 |
| any quantity of the following substances, including their salts, | 1330 |
| their optical isomers, position isomers, or geometric isomers, and | 1331 |
| salts of these isomers, whenever the existence of these salts, | 1332 |
| isomers, and salts of isomers is possible within the specific | 1333 |
| chemical designation: | 1334 |
| (1) Fenfluramine. | 1335 |
| (D) Stimulants | 1336 |
| Unless specifically excepted under federal drug abuse control | 1337 |
| laws or unless listed in another schedule, any material, compound, | 1338 |
| mixture, or preparation that contains any quantity of the | 1339 |
| following substances having a stimulant effect on the central | 1340 |
| nervous system, including their salts, their optical isomers, | 1341 |
| position isomers, or geometric isomers, and salts of these | 1342 |
| isomers, whenever the existence of these salts, isomers, and salts | 1343 |
| of isomers is possible within the specific chemical designation: | 1344 |
| (1) Cathine ((+)-norpseudoephedrine); | 1345 |
| (2) Diethylpropion; | 1346 |
| (3) Fencamfamin; | 1347 |
| (4) Fenproporex; | 1348 |
| (5) Mazindol; | 1349 |
| (6) Mefenorex; | 1350 |
| (7) Modafinil; | 1351 |
| (8) Pemoline (including organometallic complexes and chelates | 1352 |
| thereof); | 1353 |
| (9) Phentermine; | 1354 |
| (10) Pipradrol; | 1355 |
| (11) Sibutramine; | 1356 |
| (12) SPA [(-)-1-dimethylamino-1,2-diphenylethane]. | 1357 |
| (E) Other substances | 1358 |
| Unless specifically excepted under federal drug abuse control | 1359 |
| laws or unless listed in another schedule, any material, compound, | 1360 |
| mixture, or preparation that contains any quantity of the | 1361 |
| following substances, including their salts: | 1362 |
| (1) Pentazocine; | 1363 |
| (2) Butorphanol (including its optical isomers). | 1364 |
| 1365 | |
| (A) Narcotic drugs | 1366 |
| Unless specifically excepted under federal drug abuse control | 1367 |
| laws or unless listed in another schedule, any material, compound, | 1368 |
| mixture, or preparation that contains any of the following | 1369 |
| narcotic drugs, and their salts, as set forth below: | 1370 |
| (1) Buprenorphine. | 1371 |
| (B) Narcotics-narcotic preparations | 1372 |
| Narcotic drugs containing non-narcotic active medicinal | 1373 |
| ingredients. Any compound, mixture, or preparation that contains | 1374 |
| any of the following narcotic drugs, or their salts calculated as | 1375 |
| the free anhydrous base or alkaloid, in limited quantities as set | 1376 |
| forth below, and that includes one or more nonnarcotic active | 1377 |
| medicinal ingredients in sufficient proportion to confer upon the | 1378 |
| compound, mixture, or preparation valuable medicinal qualities | 1379 |
| other than those possessed by narcotic drugs alone: | 1380 |
| (1) Not more than 200 milligrams of codeine per 100 | 1381 |
| milliliters or per 100 grams; | 1382 |
| (2) Not more than 100 milligrams of dihydrocodeine per 100 | 1383 |
| milliliters or per 100 grams; | 1384 |
| (3) Not more than 100 milligrams of ethylmorphine per 100 | 1385 |
| milliliters or per 100 grams; | 1386 |
| (4) Not more than 2.5 milligrams of diphenoxylate and not | 1387 |
| less than 25 micrograms of atropine sulfate per dosage unit; | 1388 |
| (5) Not more than 100 milligrams of opium per 100 milliliters | 1389 |
| or per 100 grams; | 1390 |
| (6) Not more than 0.5 milligram of difenoxin and not less | 1391 |
| than 25 micrograms of atropine sulfate per dosage unit. | 1392 |
| (C) Stimulants | 1393 |
| Unless specifically exempted or excluded under federal drug | 1394 |
| abuse control laws or unless listed in another schedule, any | 1395 |
| material, compound, mixture, or preparation that contains any | 1396 |
| quantity of the following substances having a stimulant effect on | 1397 |
| the central nervous system, including their salts, isomers, and | 1398 |
| salts of isomers: | 1399 |
| (1) Ephedrine, except as provided in division (K) of section | 1400 |
| 3719.44 of the Revised Code; | 1401 |
| (2) Pyrovalerone. | 1402 |
| Sec. 3719.43. When pursuant to the federal drug abuse | 1403 |
| control laws the attorney general of the United States adds a | 1404 |
| compound, mixture, preparation, or substance to a schedule of the | 1405 |
| laws, transfers any of the same between one schedule of the laws | 1406 |
| to another, or removes a compound, mixture, preparation, or | 1407 |
| substance from the schedules of the laws then such addition, | 1408 |
| transfer, or removal is automatically effected in the | 1409 |
| corresponding schedule or schedules in section 3719.41 of the | 1410 |
| Revised Code, subject to amendment pursuant to section 3719.44, | 1411 |
| 3719.45, or 3719.46 of the Revised Code. | 1412 |
| Sec. 3719.45. (A) Subject to divisions (B) and (C) of this | 1413 |
| section, the attorney general may by rule adopted in accordance | 1414 |
| with Chapter 119. of the Revised Code take either of the following | 1415 |
| actions with respect to controlled substance schedule I | 1416 |
| established in section 3719.41 of the Revised Code: | 1417 |
| (1) Add to the schedule an unscheduled compound, mixture, | 1418 |
| preparation, or substance that has no accepted medical use in | 1419 |
| treatment in this state; | 1420 |
| (2) Remove from the schedule a compound, mixture, | 1421 |
| preparation, or substance added by the attorney general pursuant | 1422 |
| to this section or section 3719.46 of the Revised Code. | 1423 |
| (B) Before taking action under division (A) of this section, | 1424 |
| the attorney general shall request a statement of the position of | 1425 |
| the state board of pharmacy on the proposed action. Not later than | 1426 |
| thirty days after receiving a request for its position, the board | 1427 |
| shall provide a written statement of its position regarding the | 1428 |
| proposed action to the attorney general. The statement shall | 1429 |
| include a discussion of the potential impact of the action on the | 1430 |
| practice of pharmacy. The board may determine its position by | 1431 |
| resolution adopted during a public meeting or telephone conference | 1432 |
| call. | 1433 |
| (C) The attorney general may take an action under division | 1434 |
| (A) of this section only after considering all of the following | 1435 |
| with regard to the compound, mixture, preparation, or substance | 1436 |
| proposed to be added to or removed from schedule I: | 1437 |
| (1) Its actual or relative potential for abuse; | 1438 |
| (2) Its history and current pattern of abuse; | 1439 |
| (3) The scope, duration, and significance of abuse; | 1440 |
| (4) The risk to the public health, as reported by hospitals | 1441 |
| or licensed health care professionals; | 1442 |
| (5) Reports of law enforcement officials, hospitals, or | 1443 |
| licensed health care professionals; | 1444 |
| (6) Whether it has been added to or removed from schedule I | 1445 |
| under the laws of other states; | 1446 |
| (7) The position of the board; | 1447 |
| (8) Any other information that the attorney general considers | 1448 |
| relevant. | 1449 |
| Sec. 3719.46. (A)(1) The attorney general, by emergency | 1450 |
| rule, shall add an unscheduled compound, mixture, preparation, or | 1451 |
| substance to controlled substance schedule I established in | 1452 |
| section 3719.41 of the Revised Code if the attorney general, in | 1453 |
| consultation with the state board of pharmacy, determines that | 1454 |
| both of the following are the case with regard to the compound, | 1455 |
| mixture, preparation, or substance: | 1456 |
| (a) It has no accepted medical use in treatment in this | 1457 |
| state. | 1458 |
| (b) It poses an imminent hazard to the public health, safety, | 1459 |
| or welfare. | 1460 |
| (2) In determining whether a previously unscheduled compound, | 1461 |
| mixture, preparation, or substance poses an imminent hazard to the | 1462 |
| public health, safety, or welfare, the attorney general and the | 1463 |
| board shall consider all of the following: | 1464 |
| (a) Its actual or relative potential for abuse; | 1465 |
| (b) The scope, duration, and significance of abuse; | 1466 |
| (c) The risk to the public health, as reported by hospitals | 1467 |
| or licensed health care professionals; | 1468 |
| (d) Reports of law enforcement officials, emergency medical | 1469 |
| services personnel as defined in section 2133.21 of the Revised | 1470 |
| Code, and emergency facility personnel as defined in section | 1471 |
| 2909.04 of the Revised Code; | 1472 |
| (e) Whether it has been added to or removed from schedule I | 1473 |
| on a temporary basis under the laws of other states. | 1474 |
| (B) On determining that a compound, mixture, preparation, or | 1475 |
| substance meets the criteria of division (A)(1) of this section, | 1476 |
| the attorney general shall provide to the board a written | 1477 |
| statement that includes the full text of the proposed emergency | 1478 |
| rule accompanied by the reasons for the attorney general's | 1479 |
| determination. | 1480 |
| On receipt of the statement, the board shall make its own | 1481 |
| determination of whether the compound, mixture, preparation, or | 1482 |
| substance meets the criteria of division (A)(1) of this section. | 1483 |
| The board shall give written notice of its determination to the | 1484 |
| attorney general as soon as practicable. Failure of the board to | 1485 |
| give this notice prior to the thirty-first day after receipt of | 1486 |
| the statement shall be treated by the attorney general as a | 1487 |
| determination by the board that the compound, mixture, | 1488 |
| preparation, or substance meets the criteria of division (A)(1) of | 1489 |
| this section. | 1490 |
| If the board determines that the compound, mixture, | 1491 |
| preparation, or substance does not meet the criteria, it shall | 1492 |
| include with the notice to the attorney general a statement | 1493 |
| specifying the reasons for its determination. | 1494 |
| The attorney general may modify the proposed rule to address | 1495 |
| the board's reasons. The board and the attorney general shall | 1496 |
| continue this process until they reach agreement. | 1497 |
| If the attorney general and the board agree that the | 1498 |
| compound, mixture, preparation, or substance meets the criteria of | 1499 |
| division (A)(1) of this section, the attorney general shall issue | 1500 |
| an order suspending the procedure in section 119.03 of the Revised | 1501 |
| Code with respect to the adoption of nonemergency rules. The order | 1502 |
| shall state the reasons for the determination of the attorney | 1503 |
| general and the board that the compound, mixture, preparation, or | 1504 |
| substance meets the criteria of division (A)(1) of this section. | 1505 |
| The attorney general shall file the order in electronic form with | 1506 |
| the secretary of state, the director of the legislative service | 1507 |
| commission, and the joint committee on agency rule review. The | 1508 |
| attorney general shall then adopt the emergency rule described in | 1509 |
| division (A)(1) of this section. | 1510 |
| (C)(1) An emergency rule adopted under this section is | 1511 |
| effective on the day it is filed in final form electronically with | 1512 |
| the secretary of state, the director of the legislative service | 1513 |
| commission, and the joint committee on agency rule review. The | 1514 |
| director shall publish the full text of the emergency rule in the | 1515 |
| register of Ohio. | 1516 |
| Except as provided in division (C)(2) of this section, an | 1517 |
| emergency rule adopted under this section is valid until the end | 1518 |
| of the three hundred sixty-fourth day after the day it takes | 1519 |
| effect. Before that date, the attorney general or the board may | 1520 |
| adopt the rule as a nonemergency rule by complying with the | 1521 |
| procedure prescribed in section 119.03 of the Revised Code for the | 1522 |
| adoption of rules that are not emergency rules. | 1523 |
| (2) If before the end of the period described in division | 1524 |
| (C)(1) of this section the attorney general or the board begins | 1525 |
| the procedure for adopting the emergency rule as a nonemergency | 1526 |
| rule but at the end of the period the rule is not yet final, the | 1527 |
| emergency rule is valid for an additional three hundred sixty-five | 1528 |
| days or until the nonemergency rule is final, whichever is | 1529 |
| earlier. | 1530 |
| Section 2. That existing sections 119.03, 3719.01, 3719.41, | 1531 |
| and 3719.43 of the Revised Code are hereby repealed. | 1532 |