ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 63
(By Senator K. Facemyer)
____________
[Originating in the Committee on Health and Human Resources;
reported January 26, 2011.]
____________
A BILL to amend and reenact §60A-1-101 of the Code of West
Virginia, 1931, as amended; and to amend and reenact
§60A-2-201 and §60A-2-204 of said code, all relating to
defining key terms; modifying the authority of the Board of
Pharmacy to add or delete substances to the schedules of
controlled substances or reschedule substances; and adding
synthetic cannabinoids synthetic, cocaine-like substances and
N-benzylpiperazine
to the Schedule I list of controlled
substances.
Be it enacted by the Legislature of West Virginia:
That §60A-1-101 of the Code of West Virginia, 1931, as
amended, be amended and reenacted; and that
§
60A-2-201 and §60A-2-
204 of said code be amended and reenacted, all to read as follows
:
ARTICLE 1. DEFINITIONS
§60A-1-101. Definitions.
As used in this act:
(a) "Administer" means the direct application of a controlled
substance whether by injection, inhalation, ingestion or any other
means to the body of a patient or research subject by:
(1) A practitioner (or, in his presence, by his authorized
agent); or
(2) The patient or research subject at the direction and in
the presence of the practitioner.
(b) "Agent" means an authorized person who acts on behalf of
or at the direction of a manufacturer, distributor or dispenser. It
does not include a common or contract carrier, public warehouseman
or employee of the carrier or warehouseman.
(c) "Bureau" means the "Bureau of Narcotics and Dangerous
Drugs, United States Department of Justice" or its successor
agency.
(c)"Analogue" means a substance that, in relation to a
controlled substance, has a substantially similar chemical
structure.
(d) "Bureau" means the "Bureau of Narcotics and Dangerous
Drugs, United States Department of Justice" or its successor
agency.
(d) (e) "Controlled substance" means a drug, substance or
immediate precursor in Schedules I through V of article two.
(e) (f) "Counterfeit substance" means a controlled substance
which, or the container or labeling of which, without
authorization, bears the trademark, trade name or other identifying mark, imprint, number or device, or any likeness thereof, of a
manufacturer, distributor or dispenser other than the person who in
fact manufactured, distributed or dispensed the substance.
(f) (g) "Imitation controlled substance" means: (1) A
controlled substance which is falsely represented to be a different
controlled substance; (2) a drug or substance which is not a
controlled substance but which is falsely represented to be a
controlled substance; or (3) a controlled substance or other drug
or substance or a combination thereof which is shaped, sized,
colored, marked, imprinted, numbered, labeled, packaged,
distributed or priced so as to cause a reasonable person to believe
that it is a controlled substance.
(g) (h) "Deliver" or "delivery" means the actual, constructive
or attempted transfer from one person to another of: (1) A
controlled substance, whether or not there is an agency
relationship; (2) a counterfeit substance; or (3) an imitation
controlled substance.
(h) (i) "Dispense" means to deliver a controlled substance to
an ultimate user or research subject by or pursuant to the lawful
order of a practitioner, including the prescribing, administering,
packaging, labeling or compounding necessary to prepare the
substance for that delivery.
(I) (j) "Dispenser" means a practitioner who dispenses.
(j) (k) "Distribute" means to deliver, other than by
administering or dispensing, a controlled substance, a counterfeit
substance or an imitation controlled substance.
(k) (l) "Distributor" means a person who distributes.
(l) (m) "Drug" means: (1) Substances recognized as drugs in
the official "United States Pharmacopoeia, official Homeopathic
Pharmacopoeia of the United States or official National Formulary",
or any supplement to any of them; (2) substances intended for use
in the diagnosis, cure, mitigation, treatment or prevention of
disease in man or animals; (3) substances (other than food)
intended to affect the structure or any function of the body of man
or animals; and (4) substances intended for use as a component of
any article specified in clause (1), (2) or (3) of this
subdivision. It does not include devices or their components, parts
or accessories.
(n) "Immediate Derivative" means a substance which the "West
Virginia Board of Pharmacy" (hereinafter in this act referred to as
the State Board of Pharmacy) has found to be and by rule designates
as being the principal compound or any analogue of the parent
compound manufactured from a known controlled substance primarily
for use and which has equal or similar pharmacologic activity as
the parent compound which is necessary to prevent, curtail or limit
manufacture.
(m) (o) "Immediate precursor" means a substance which the
"West Virginia Board of Pharmacy"
(hereinafter in this act referred
to as the State Board of Pharmacy) State Board of Pharmacy has
found to be and by rule designates as being the principal compound
commonly used or produced primarily for use and which is an
immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is
necessary to prevent, curtail or limit manufacture.
(n) (p) "Manufacture" means the production, preparation,
propagation, compounding, conversion or processing of a controlled
substance, either directly or indirectly or by extraction from
substances of natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis, and includes any packaging or repackaging of the
substance or labeling or relabeling of its container, except that
this term does not include the preparation, compounding, packaging
or labeling of a controlled substance:
(1) By a practitioner as an incident to his administering or
dispensing of a controlled substance in the course of his
professional practice; or
(2) By a practitioner, or by his authorized agent under his
supervision, for the purpose of, or as an incident to, research,
teaching or chemical analysis and not for sale.
(o) (q) "Marijuana" means all parts of the plant "Cannabis
sativa L.", whether growing or not; the seeds thereof; the resin
extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture or preparation of the plant,
its seeds or resin. It does not include the mature stalks of the
plant, fiber produced from the stalks, oil or cake made from the
seeds of the plant, any other compound, manufacture, salt,
derivative, mixture or preparation of the mature stalks (except the
resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.
(p) (r) "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances of
vegetable origin or independently by means of chemical synthesis,
or by a combination of extraction and chemical synthesis:
(1) Opium and opiate and any salt, compound, derivative or
preparation of opium or opiate.
(2) Any salt, compound, isomer, derivative or preparation
thereof which is chemically equivalent or identical with any of the
substances referred to in paragraph (1) of this subdivision, but
not including the isoquinoline alkaloids of opium.
(3) Opium poppy and poppy straw.
(4) Coca leaves and any salt, compound, derivative or
preparation of coca leaves and any salt, compound, isomer,
derivative or preparation thereof which is chemically equivalent or
identical with any of these substances, but not including
decocainized coca leaves or extractions of coca leaves which do not
contain cocaine or ecgonine.
(q) (s) "Opiate" means any substance having an
addiction-forming or addiction-sustaining liability similar to
morphine or being capable of conversion into a drug having
addiction-forming or addiction-sustaining liability. It does not
include, unless specifically designated as controlled under section
two hundred one, article two of this chapter, the dextrorotatory
isomer of 3-methoxy-n-methylmorphinan and its salts
(dextromethorphan). It does not include its racemic and levorotatory forms.
(t) "Opium poppy" means the plant of the species "Papaver
somniferum L.", except its seeds.
(s) (u) "Person" means individual, corporation, government or
governmental subdivision or agency, business trust, estate, trust,
partnership or association, or any other legal entity.
(t) (v) "Placebo" means an inert medicament or preparation
administered or dispensed for its psychological effect, to satisfy
a patient or research subject or to act as a control in
experimental series.
(u) (w) "Poppy straw" means all parts, except the seeds, of
the opium poppy after mowing.
(v) (x) "Practitioner" means:
(1) A physician, dentist, veterinarian, scientific
investigator or other person licensed, registered or otherwise
permitted to distribute, dispense, conduct research with respect
to, or to administer a controlled substance in the course of
professional practice or research in this state.
(2) A pharmacy, hospital or other institution licensed,
registered or otherwise permitted to distribute, dispense, conduct
research with respect to, or to administer a controlled substance
in the course of professional practice or research in this state.
(w) (y) "Production" includes the manufacture, planting,
cultivation, growing or harvesting of a controlled substance.
(x) (z) "State", when applied to a part of the United States,
includes any state, district, commonwealth, territory, insular possession thereof and any area subject to the legal authority of
the United States of America.
(y) (aa) "Ultimate user" means a person who lawfully possesses
a controlled substance for his own use or for the use of a member
of his household or for administering to an animal owned by him or
by a member of his household.
ARTICLE 2. STANDARDS AND SCHEDULES.
§60A-2-201. Authority of state board of pharmacy; recommendations
to Legislature
.
(a) The state board of pharmacy shall administer the
provisions of this chapter. It shall also, on the first day of each
regular legislative session, recommend to the Legislature which
substances should be added to or deleted from the schedules of
controlled substances contained in this article or reschedule
therein. The state board of pharmacy shall also have the authority
between regular legislative sessions, on an emergency basis, to add
to or delete from the schedules of controlled substances contained
in this article or reschedule such substances based upon the
recommendations and approval of the federal food, drug and cosmetic
agency, and shall report such actions in the weekly State Register
publication issued by the Secretary of State and on the first day
of the regular legislative session immediately following said
actions.
In making any such recommendation regarding a substance, the
state board of pharmacy shall consider the following factors:
(1) The actual or relative potential for abuse;
(2) The scientific evidence of its pharmacological effect, if
known;
(3) The state of current scientific knowledge regarding the
substance;
(4) The history and current pattern of abuse;
(5) The scope, duration and significance of abuse;
(6) The potential of the substance to produce psychic or
physiological dependence liability; and
(7) Whether the substance is an immediate precursor of a
substance already controlled under this article.
(b) After considering the factors enumerated in subsection
(a), the state board of pharmacy shall make findings with respect
to the substance under consideration. If it finds that any
substance not already controlled under any schedule has a potential
for abuse, it shall recommend to the Legislature that the substance
be added to the appropriate schedule. If it finds that any
substance already controlled under any schedule should be
rescheduled or deleted, it shall so recommend to the Legislature.
(c) If the state board of pharmacy designates a substance as
an immediate precursor, substances which are precursors of the
controlled precursor shall not be subject to control solely because
they are precursors of the controlled precursor.
(d) If any substance is designated, rescheduled or deleted as
a controlled substance under federal laws and notice thereof is
given to the state board of pharmacy, the board shall recommend similar control of such substance to the Legislature, specifically
stating that such recommendation is based on federal action and the
reasons why the federal government deemed such action necessary and
proper.
(e) The authority vested in the board by subsection (a) of
this section shall not extend to distilled spirits, wine, malt
beverages or tobacco as those terms are defined or used in other
chapters of this code nor to any nonnarcotic substance if such
substance may under the "Federal Food, Drug and Cosmetic Act" and
the law of this state lawfully be sold over the counter without a
prescription.
ARTICLE 2. STANDARDS AND SCHEDULES.
§60A-2-204. Schedule I.
(a) Schedule I shall consist of the drugs and other
substances, by whatever official name, common or usual name,
chemical name, or brand name designated, listed in this section.
(b) Opiates. Unless specifically excepted or unless listed
in another schedule, any of the following opiates, including their
isomers, esters, ethers, salts and salts of isomers, esters and
ethers, whenever the existence of such isomers, esters, ethers and
salts is possible within the specific chemical designation (for
purposes of subdivision (34) of this subsection only, the term
isomer includes the optical and geometric isomers):
(1)Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)
-4-piperidinyl]-N-phenylacetamide);
(2) Acetylmethadol;
(3) Allylprodine;
(4) Alphacetylmethadol (except levoalphacetylmethadol also known as
levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM);
(5) Alphameprodine;
(6) Alphamethadol;
(7)Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)
ethyl-4-piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl)-4-(-
propanilido) piperidine);
(8) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl) ethyl-
4-piperidinyl]-N-phenylpropanamide);
(9) Benzethidine;
(10) Betacetylmethadol;
(11) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl) -4-
piperidinyl]-N-phenylpropanamide);
(12) Beta-hydroxy-3-methylfentanyl (other name: N-[1-(2-
hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide);
(13) Betameprodine;
(14) Betamethadol;
(15) Betaprodine;
(16) Clonitazene;
(17) Dextromoramide;
(18) Diampromide;
(19) Diethylthiambutene;
(20) Difenoxin;
(21) Dimenoxadol;
(22) Dimepheptanol;
(23) Dimethylthiambutene;
(24) Dioxaphetyl butyrate;
(25) Dipipanone;
(26) Ethylmethylthiambutene;
(27) Etonitazene;
(28) Etoxeridine;
(29) Furethidine;
(30) Hydroxypethidine;
(31) Ketobemidone;
(32) Levomoramide;
(33) Levophenacylmorphan;
(34)3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-
piperidyl]-N-phenylpropanamide);
(35)3-methylthiofentanyl (N-[3-methyl-1-(2-thienyl) ethyl-4-
piperidinyl]-N-phenylpropanamide);
(36) Morpheridine;
(37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
(38) Noracymethadol;
(39) Norlevorphanol;
(40) Normethadone;
(41) Norpipanone;
(42)Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-
phenethyl)-4-piperidinyl] propanamide);
(43) PEPAP(1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(44) Phenadoxone;
(45) Phenampromide;
(46) Phenomorphan;
(47) Phenoperidine;
(48) Piritramide;
(49) Proheptazine;
(50) Properidine;
(51) Propiram;
(52) Racemoramide;
(53)Thiofentanyl(N-phenyl-N-[1-(2-thienyl)ethyl-4-
piperidinyl]-propanamide);
(54) Tilidine;
(55) Trimeperidine.
(c) Opium derivatives. -- Unless specifically excepted or
unless listed in another schedule, any of the following opium
derivatives, its salts, isomers and salts of isomers whenever the
existence of such salts, isomers and salts of isomers is possible
within the specific chemical designation:
(1) Acetorphine;
(2) Acetyldihydrocodeine;
(3) Benzylmorphine;
(4) Codeine methylbromide;
(5) Codeine-N-Oxide;
(6) Cyprenorphine;
(7) Desomorphine;
(8) Dihydromorphine;
(9) Drotebanol;
(10) Etorphine (except HCl Salt);
(11) Heroin;
(12) Hydromorphinol;
(13) Methyldesorphine;
(14) Methyldihydromorphine;
(15) Morphine methylbromide;
(16) Morphine methylsulfonate;
(17) Morphine-N-Oxide;
(18) Myrophine;
(19) Nicocodeine;
(20) Nicomorphine;
(21) Normorphine;
(22) Pholcodine;
(23) Thebacon.
(d) Hallucinogenic substances. -- Unless specifically
excepted or unless listed in another schedule, any material,
compound, mixture or preparation, which contains any quantity of
the following hallucinogenic substances, or which contains any of
its salts, isomers and salts of isomers, whenever the existence of
such salts, isomers, and salts of isomers is possible within the
specific chemical designation (for purposes of this subsection
only, the term "isomer" includes the optical, position and
geometric isomers):
(1) Alpha-ethyltryptamine; some trade or other names:
etryptamine; Monase; alpha-ethyl-1H-indole-3-ethanamine; 3-(2-
aminobutyl) indole; alpha-ET; and AET;
(2) 4-bromo-2, 5-dimethoxy-amphetamine; some trade or other names: 4-bromo-2,5-dimethoxy-alpha-methylphenethylamine; 4-bromo-
2,5-DMA;
(3) 4-Bromo-2,5-dimethoxyphenethylamine; some trade or other
names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-
desmethyl DOB; 2C-B, Nexus;
(4) 2,5-dimethoxyamphetamine; some trade or other names:
2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA;
(5) 2,5-dimethoxy-4-ethylamphet-amine; some trade or other
names: DOET;
(6) 4-methoxyamphetamine; some trade or other names:
4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; PMA;
(7) 5-methyloxy-3, 4-methylenedioxy-amphetamine;
(8) 4-methyl-2,5-dimethoxy-amphetamine; some trade and other
names: 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; "DOM";
and "STP";
(9) 3,4-methylenedioxy amphetamine;
(10) 3,4-methylenedioxymethamphetamine (MDMA);
(11) 3,4-methylenedioxy-N-ethylamphetamine (also known as -
ethyl-alpha-methyl-3,4 (methylenedioxy) phenethylamine, N-ethyl
MDA, MDE, MDEA);
(12) N-hydroxy-3,4-methylenedioxyamphetamine (also known as -
hydroxy-alpha-methyl-3,4 (methylenedioxy) phenethylamine, and -
hydroxy MDA);
(13) 3,4,5-trimethoxy amphetamine;
(14) Bufotenine; some trade and other names: 3-
(beta-Dimethylaminoethyl)-5-hydroxyindole;3-(2-dimethylaminoethyl) -5-indolol; N, N-dimethylserotonin; 5-hydroxy-N,N-
dimethyltryptamine; mappine;
(15) Diethyltryptamine; some trade and other names: N,
N-Diethyltryptamine; DET;
(16) Dimethyltryptamine; some trade or other names: DMT;
(17) Ibogaine; some trade and other names: 7-Ethyl-6, 6
Beta, 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H-
pyrido [1', 2': 1, 2] azepino [5,4-b] indole; Tabernanthe iboga;
(18) Lysergic acid diethylamide;
(19) Marihuana;
(20) Mescaline;
(21) Parahexyl-7374; some trade or other names: 3-Hexyl
-1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo
[b,d] pyran; Synhexyl;
(22) Peyote; meaning all parts of the plant presently
classified botanically as Lophophora williamsii Lemaire, whether
growing or not, the seeds thereof, any extract from any part of
such plant, and every compound, manufacture, salts, derivative,
mixture or preparation of such plant, its seeds or extracts;
(23) N-ethyl-3-piperidyl benzilate;
(24) N-methyl-3-piperidyl benzilate;
(25) Psilocybin;
(26) Psilocyn;
(27) Tetrahydrocannabinols; synthetic equivalents of the
substances contained in the plant, or in the resinous extractives
of Cannabis, sp. and/or synthetic substances, immediate derivatives or analogues and their isomers with similar chemical structure and
pharmacological activity such as the following:
delta-1 Cis or trans tetrahydrocannabinol, and their optical
isomers;
delta-6 Cis or trans tetrahydrocannabinol, and their optical
isomers;
delta-3,4 Cis or trans tetrahydrocannabinol, and its optical
isomers;
(Since nomenclature of these substances is not internationally
standardized, compounds of these structures, regardless of
numerical designation of atomic positions covered.)
(28) Ethylamine analog of phencyclidine; some trade or other
names: N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl)
ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE;
(29) Pyrrolidine analog of phencyclidine; some trade or other
names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP;
(30) Thiophene analog of phencyclidine; some trade or other
names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine, 2-thienylanalog of
phencyclidine; TPCP, TCP;
(31) 1[1-(2-thienyl)cyclohexyl]pyrroldine; some other names:
TCPy.
(32) Synthetic Cannabinoids as follows:
(a)
2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol) {also
known as CP 47,497 and homologues};
(b)
rel-2-[(1S,3R)-3-hydroxycyclohexyl]-5-(2-methylnonan-2-yl)phenol
{also known as CP 47,497-C8 homolog};
(c)
[(6aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7
,10,10a-tetrahydrobenzo[c]chromen-1-ol)] {also known as HU-210};
(d)
(dexanabinol),(6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-meth
yloctan-2-yl)-6a,7,10,10a-tetrahydrobenzol[c]chromen-1-ol) {also
known as HU-211};
(e) 1-Pentyl-3-(1-naphthoyl)indole {also known as JWH-018};
(f) 1-Butyl-3-(1-naphthoyl)indole {also known as JWH-073};
(g) (2-methyl-1-propyl-1H-indol-3-yl)-1napthalenyl-methanone
{also known as JWH-015};
(h) (1-hexyl-1H-indol-3-yl)-1-naphthalenyl-methanone {also
known as JWH-019};
(i)
[1-[2-(4-morpholinyl)ethyl]-1H-indol-3-yl]-1-naphthalenyl-methanone
{also known as JWH-200};
(j) 1-(1-pentyl-1H-indol-3-yl)-2-(3-hydroxyphenyl)-ethanone
{also known as JWH-250};
(k)
2-((1S,2S,5S)-5-hydroxy-2-(3-hydroxtpropyl)cyclohexyl)-5-(2-methy
loctan-2-yl)phenol {also known as CP 55,940};
(l)
(4-methyl-1-naphthalenyl)(1-pentyl-1H-indol-3-yl)-methanone {also
known as JWH-122};
(m)
(4-methyl-1-naphthalenyl)(1-pentyl-1H-indol-3-yl)-methanone {also
known as JWH-398;
(n) (4-methoxyphenyl)(1-pentyl-1H-indol-3-yl)methanone {also
known as RCS-4};
(o)
1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2-methoxyphenyl)ethanone
{also known as RCS-8}; and
Since nomenclature of these substances is not internationally
standardized, any immediate precursor or immediate derivative of
these substances shall be covered;
(e) Depressants. Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following substances
having a depressant effect on the central nervous system, including
its salts, isomers and salts of isomers whenever the existence of
such salts, isomers and salts of isomers is possible within the
specific chemical designation:
(1) Mecloqualone;
(2) Methaqualone.
(f) Stimulants. Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following substances
having a stimulant effect on the central nervous system, including
its salts, isomers, and salts of isomers:
(1) Aminorex; some other names: aminoxaphen; 2-amino-5- phenyl-2-oxazoline; or 4,5-dihydro-5-phenyl-2-oxazolamine;
(2) Cathinone; some trade or other names: 2-amino-1-phenyl-1-
propanone, alpha-aminopropiophenone, 2-aminopropiophenone, and
norephedrone;
(3) Fenethylline;
(4) Methcathinone, its immediate precursors, immediate
derivatives and analogues, its salts, optical isomers and salts of
optical isomers; some other names: (2-(methylamino)-propiophenone;
alpha-(methylamino)propiophenone; 2-(methylamino)-1-phenylpropan-1-
one; alpha-N-methylaminopropiophenone; monomethylpropion;
3,4-methylenedioxypyrovalerone (MDPV), mephedrone; ephedrone;
N-methylcathinone; methylcathinone; AL-464; AL-422; AL- 463 and
UR1432;
(5) (+-) cis-4-methylaminorex; ((+-)cis-4,5-dihydro-4-methyl-
5-phenyl-2-oxazolamine);
(6) N-ethylamphetamine;
(7) N,N-dimethylamphetemine; also known as N,N-alpha-
trimethyl-benzeneethanamine; N,N-alpha-trimethylphenethylamine.
(8) N-benzylpiperazine; also known as BZP.
(g) Temporary listing of substances subject to emergency
scheduling. Any material, compound, mixture or preparation which
contains any quantity of the following substances:
(1) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide
(benzylfentanyl), its optical isomers, salts, and salts of isomers.
(2) N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide
(thenylfentanyl), its optical isomers, salts and salts of isomers.