As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 372

Senator Eklund 

Cosponsors: Senators Manning, Patton, Lehner, Seitz, Uecker 

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A BILL

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

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rescinded or a general statement of the subject matter to which	31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 tax commissionerdirector of	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 or, 3719.44, 3719.45, or 3719.46 of the Revised Code.	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 or,	583
3719.44, 3719.45, or 3719.46 of the Revised Code.	584

SCHEDULE I	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

SCHEDULE II	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

SCHEDULE III	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

SCHEDULE IV	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

SCHEDULE V	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