STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 188	By:	Paddack

AS INTRODUCED

An Act relating to controlled dangerous substances; amending 63 O.S. 2011, Section 2-201, which relates to authority to control; modifying powers of certain director; providing certain exclusions; updating language; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     63 O.S. 2011, Section 2-201, is amended to read as follows:
Section 2-201.  A.  The Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control shall administer the provisions of this act the Uniform Controlled Dangerous Substances Act except as otherwise provided.
B.  The Board of Pharmacy by rule may classify new products determined to have a potential for abuse as controlled dangerous substances after notice and hearing; provided that such rule shall be submitted to the next regular session of the Legislature, and such rule shall remain in force and effect unless a concurrent resolution of disapproval is passed.  Hearings shall be conducted by the Board, of Pharmacy or such officers, agents or employees as the Board of Pharmacy may designate for the purpose.  The Board of Pharmacy shall give appropriate notice of the proposed classification and of the time and place for a hearing.  The rule so promulgated shall become effective on a date fixed by the Board of Pharmacy.  Such rule may be amended or repealed in the same manner as provided for its adoption.  Proceedings pursuant to this subsection shall be governed by the Administrative Procedures Act.  A new substance controlled pursuant to this subsection shall be subject to the same regulatory provisions of this act the Uniform Controlled Dangerous Substances Act applicable to the Schedule schedule of substances to which it is classified.
C.  The Director may recommend to the Legislature the addition, deletion or rescheduling of a substance.
D.  1.  The Director may seek an injunction from the district court of Oklahoma County to prohibit the commercial sale of a specific chemical or substance not otherwise scheduled as a controlled dangerous substance pursuant to Sections 2-204 through 2-212 of this title, if it clearly appears from specific facts, after a hearing before the district court, that the following criteria exist:
a.	there is a current or imminent danger to the public health and safety, and
b.	there is a history and current pattern of abuse, including actual abuse, diversion from legitimate channels or clandestine importation, manufacture or distribution.
2.  If granted, the injunction shall expire upon a legislative action that has the force and effect of law at the next regular legislative session.  If no legislative action is taken, the injunction shall expire automatically on sine die for the next regular legislative session.  If the Legislature considers legislation to schedule a substance or substances and does not approve such legislation, that substance or substances shall not be the subject of a subsequent injunction as authorized by this subsection.  An injunction allowed to expire or that is terminated by legislative action shall not be renewed.  Any order of injunction entered pursuant to this section may be superseded at any time during the period set forth above, whereupon a legislative action is taken either approving or disapproving the listing of the subject chemical or substance as a scheduled controlled dangerous substance.
3.  Any action by the Director to seek an injunction pursuant to this section must be preceded by one publication in a newspaper of general circulation in the state and by the posting on the website of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control of a copy of the Director's notice of intent to seek injunction.  The notice shall contain the following information:
a.	identification of the substances or chemicals to be affected,
b.	a short and plain statement indicating the basis for seeking the injunction, and
c.	the location and date of hearing.
4.  Any notice of hearing pursuant to this section shall be issued at least thirty (30) days prior to any hearing.  Any order of injunction issued pursuant to this section shall be enforceable anywhere within this state to prohibit the commercial sale of the identified substances or chemicals.  Any violation of an order issued pursuant to this section after receiving notice of the order may be punished as contempt of court subject to the penalties otherwise prescribed by law.
E.  In considering whether to make a recommendation or issue an order under this section, the Director or the Board of Pharmacy, as the case may be, shall consider the following:
1.  Its actual or relative potential for abuse;
2.  Scientific evidence of its pharmacological effect, if known;
3.  State of current scientific knowledge regarding the substance;
4.  Its history and current pattern of abuse;
5.  The scope, duration, and significance of abuse;
6.  What, if any, risk there is to the public health;
7.  Its psychic or physiological dependence liability; and
8.  Whether the substance is an immediate precursor or principal compound of a substance already controlled under this article.
E. F.  Substances which are precursors of a controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.
F. G.  Authority to control under this section does not extend to distilled spirits, wine, malt beverages or tobacco.
H.  In addition to the filing requirements of the Administrative Procedures Act, copies of orders issued under this section shall, during the time the Legislature is not in session, be filed with provided to the Chair and Vice Chair Chairs of the State Legislative Council's Judiciary Committee Committees of the Senate and the House of Representatives.
G. I.  The Board of Pharmacy shall exclude any nonnarcotic substance from a schedule if such substance may, under the Federal Food, Drug and Cosmetic Act and the law of this state, be lawfully sold over the counter without a prescription.
SECTION 2.  This act shall become effective November 1, 2013.

54-1-909	TEK	1/8/2013 2:49:31 PM