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H. B. No. 640 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Sprague, Smith
Cosponsors:
Representatives Antonio, Barborak, Buchy, Duffey, Stebelton
A BILL
To amend sections 119.03, 3719.01, 3719.41, and
3719.43 and to enact sections 109.44, 3719.45, and
3719.46 of the Revised Code authorizing the Ohio
Attorney General to place certain substances on
controlled substances schedule I.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 119.03, 3719.01, 3719.41, and
3719.43 be amended and sections 109.44, 3719.45, and 3719.46 of
the Revised Code be enacted to read as follows:
Sec. 109.44. The attorney general shall compile and
periodically update a list of compounds, mixtures, preparations,
and substances that pursuant to section 3719.45 or 3719.46 of the
Revised Code are added to or removed from controlled substance
schedule I established in section 3719.41 of the Revised Code and
maintain a copy of the list on the internet web site maintained by
the attorney general. The attorney general shall also include on
the web site a notation that the Revised Code's list of schedule I
controlled substances is contained in section 3719.41 of the
Revised Code.
Sec. 119.03. In the adoption, amendment, or rescission of
any rule, an agency shall comply with the following procedure:
(A) Reasonable public notice shall be given in the register
of Ohio at least thirty days prior to the date set for a hearing,
in the form the agency determines. The agency shall file copies of
the public notice under division (B) of this section. (The agency
gives public notice in the register of Ohio when the public notice
is published in the register under that division.)
The public notice shall include:
(1) A statement of the agency's intention to consider
adopting, amending, or rescinding a rule;
(2) A synopsis of the proposed rule, amendment, or rule to be
rescinded or a general statement of the subject matter to which
the proposed rule, amendment, or rescission relates;
(3) A statement of the reason or purpose for adopting,
amending, or rescinding the rule;
(4) The date, time, and place of a hearing on the proposed
action, which shall be not earlier than the thirty-first nor later
than the fortieth day after the proposed rule, amendment, or
rescission is filed under division (B) of this section.
In addition to public notice given in the register of Ohio,
the agency may give whatever other notice it reasonably considers
necessary to ensure notice constructively is given to all persons
who are subject to or affected by the proposed rule, amendment, or
rescission.
The agency shall provide a copy of the public notice required
under division (A) of this section to any person who requests it
and pays a reasonable fee, not to exceed the cost of copying and
mailing.
(B) The full text of the proposed rule, amendment, or rule to
be rescinded, accompanied by the public notice required under
division (A) of this section, shall be filed in electronic form
with the secretary of state and with the director of the
legislative service commission. (If in compliance with this
division an agency files more than one proposed rule, amendment,
or rescission at the same time, and has prepared a public notice
under division (A) of this section that applies to more than one
of the proposed rules, amendments, or rescissions, the agency
shall file only one notice with the secretary of state and with
the director for all of the proposed rules, amendments, or
rescissions to which the notice applies.) The proposed rule,
amendment, or rescission and public notice shall be filed as
required by this division at least sixty-five days prior to the
date on which the agency, in accordance with division (D) of this
section, issues an order adopting the proposed rule, amendment, or
rescission.
If the proposed rule, amendment, or rescission incorporates a
text or other material by reference, the agency shall comply with
sections 121.71 to 121.76 of the Revised Code.
The proposed rule, amendment, or rescission shall be
available for at least thirty days prior to the date of the
hearing at the office of the agency in printed or other legible
form without charge to any person affected by the proposal.
Failure to furnish such text to any person requesting it shall not
invalidate any action of the agency in connection therewith.
If the agency files a substantive revision in the text of the
proposed rule, amendment, or rescission under division (H) of this
section, it shall also promptly file the full text of the proposed
rule, amendment, or rescission in its revised form in electronic
form with the secretary of state and with the director of the
legislative service commission.
The agency shall file the rule summary and fiscal analysis
prepared under section 127.18 of the Revised Code in electronic
form along with a proposed rule, amendment, or rescission or
proposed rule, amendment, or rescission in revised form that is
filed with the secretary of state or the director of the
legislative service commission.
The director of the legislative service commission shall
publish in the register of Ohio the full text of the original and
each revised version of a proposed rule, amendment, or rescission;
the full text of a public notice; and the full text of a rule
summary and fiscal analysis that is filed with the director under
this division.
(C) On the date and at the time and place designated in the
notice, the agency shall conduct a public hearing at which any
person affected by the proposed action of the agency may appear
and be heard in person, by the person's attorney, or both, may
present the person's position, arguments, or contentions, orally
or in writing, offer and examine witnesses, and present evidence
tending to show that the proposed rule, amendment, or rescission,
if adopted or effectuated, will be unreasonable or unlawful. An
agency may permit persons affected by the proposed rule,
amendment, or rescission to present their positions, arguments, or
contentions in writing, not only at the hearing, but also for a
reasonable period before, after, or both before and after the
hearing. A person who presents a position or arguments or
contentions in writing before or after the hearing is not required
to appear at the hearing.
At the hearing, the testimony shall be recorded. Such record
shall be made at the expense of the agency. The agency is required
to transcribe a record that is not sight readable only if a person
requests transcription of all or part of the record and agrees to
reimburse the agency for the costs of the transcription. An agency
may require the person to pay in advance all or part of the cost
of the transcription.
In any hearing under this section the agency may administer
oaths or affirmations.
(D) After complying with divisions (A), (B), (C), and (H) of
this section, and when the time for legislative review and
invalidation under division (I) of this section has expired, the
agency may issue an order adopting the proposed rule or the
proposed amendment or rescission of the rule, consistent with the
synopsis or general statement included in the public notice. At
that time the agency shall designate the effective date of the
rule, amendment, or rescission, which shall not be earlier than
the tenth day after the rule, amendment, or rescission has been
filed in its final form as provided in section 119.04 of the
Revised Code.
(E) Prior to the effective date of a rule, amendment, or
rescission, the agency shall make a reasonable effort to inform
those affected by the rule, amendment, or rescission and to have
available for distribution to those requesting it the full text of
the rule as adopted or as amended.
(F) If the governor, upon the request of an agency,
determines that an emergency requires the immediate adoption,
amendment, or rescission of a rule, the governor shall issue an
order, the text of which shall be filed in electronic form with
the agency, the secretary of state, the director of the
legislative service commission, and the joint committee on agency
rule review, that the procedure prescribed by this section with
respect to the adoption, amendment, or rescission of a specified
rule is suspended. The agency may then adopt immediately the
emergency rule, amendment, or rescission and it becomes effective
on the date the rule, amendment, or rescission, in final form and
in compliance with division (A)(2) of section 119.04 of the
Revised Code, is filed in electronic form with the secretary of
state, the director of the legislative service commission, and the
joint committee on agency rule review. If all filings are not
completed on the same day, the emergency rule, amendment, or
rescission shall be effective on the day on which the latest
filing is completed. The director shall publish the full text of
the emergency rule, amendment, or rescission in the register of
Ohio.
The emergency rule, amendment, or rescission shall become
invalid at the end of the ninetieth day it is in effect. Prior to
that date the agency may adopt the emergency rule, amendment, or
rescission as a nonemergency rule, amendment, or rescission by
complying with the procedure prescribed by this section for the
adoption, amendment, and rescission of nonemergency rules. The
agency shall not use the procedure of this division to readopt the
emergency rule, amendment, or rescission so that, upon the
emergency rule, amendment, or rescission becoming invalid under
this division, the emergency rule, amendment, or rescission will
continue in effect without interruption for another ninety-day
period, except when division (I)(2)(a) of this section prevents
the agency from adopting the emergency rule, amendment, or
rescission as a nonemergency rule, amendment, or rescission within
the ninety-day period.
This division does not apply to the adoption of any emergency
rule, amendment, or rescission by the tax commissioner director of
development under division (C)(2) of section 5117.02 of the
Revised Code or to the adoption of any emergency rule by the
attorney general under section 3719.46 of the Revised Code.
(G) Rules adopted by an authority within the department of
job and family services for the administration or enforcement of
Chapter 4141. of the Revised Code or of the department of taxation
shall be effective without a hearing as provided by this section
if the statutes pertaining to such agency specifically give a
right of appeal to the board of tax appeals or to a higher
authority within the agency or to a court, and also give the
appellant a right to a hearing on such appeal. This division does
not apply to the adoption of any rule, amendment, or rescission by
the tax commissioner under division (C)(1) or (2) of section
5117.02 of the Revised Code, or deny the right to file an action
for declaratory judgment as provided in Chapter 2721. of the
Revised Code from the decision of the board of tax appeals or of
the higher authority within such agency.
(H) When any agency files a proposed rule, amendment, or
rescission under division (B) of this section, it shall also file
in electronic form with the joint committee on agency rule review
the full text of the proposed rule, amendment, or rule to be
rescinded in the same form and the public notice required under
division (A) of this section. (If in compliance with this division
an agency files more than one proposed rule, amendment, or
rescission at the same time, and has given a public notice under
division (A) of this section that applies to more than one of the
proposed rules, amendments, or rescissions, the agency shall file
only one notice with the joint committee for all of the proposed
rules, amendments, or rescissions to which the notice applies.) If
the agency makes a substantive revision in a proposed rule,
amendment, or rescission after it is filed with the joint
committee, the agency shall promptly file the full text of the
proposed rule, amendment, or rescission in its revised form in
electronic form with the joint committee. The latest version of a
proposed rule, amendment, or rescission as filed with the joint
committee supersedes each earlier version of the text of the same
proposed rule, amendment, or rescission. An agency shall file the
rule summary and fiscal analysis prepared under section 127.18 of
the Revised Code in electronic form along with a proposed rule,
amendment, or rescission, and along with a proposed rule,
amendment, or rescission in revised form, that is filed under this
division. If a proposed rule, amendment, or rescission has an
adverse impact on businesses, the agency also shall file the
business impact analysis, any recommendations received from the
common sense initiative office, and the agency's memorandum of
response, if any, in electronic form along with the proposed rule,
amendment, or rescission, or along with the proposed rule,
amendment, or rescission in revised form, that is filed under this
division.
This division does not apply to:
(1) An emergency rule, amendment, or rescission;
(2) Any proposed rule, amendment, or rescission that must be
adopted verbatim by an agency pursuant to federal law or rule, to
become effective within sixty days of adoption, in order to
continue the operation of a federally reimbursed program in this
state, so long as the proposed rule contains both of the
following:
(a) A statement that it is proposed for the purpose of
complying with a federal law or rule;
(b) A citation to the federal law or rule that requires
verbatim compliance.
If a rule or amendment is exempt from legislative review
under division (H)(2) of this section, and if the federal law or
rule pursuant to which the rule or amendment was adopted expires,
is repealed or rescinded, or otherwise terminates, the rule or
amendment, or its rescission, is thereafter subject to legislative
review under division (H) of this section.
(I)(1) The joint committee on agency rule review may
recommend the adoption of a concurrent resolution invalidating a
proposed rule, amendment, rescission, or part thereof if it finds
any of the following:
(a) That the rule-making agency has exceeded the scope of its
statutory authority in proposing the rule, amendment, or
rescission;
(b) That the proposed rule, amendment, or rescission
conflicts with another rule, amendment, or rescission adopted by
the same or a different rule-making agency;
(c) That the proposed rule, amendment, or rescission
conflicts with the legislative intent in enacting the statute
under which the rule-making agency proposed the rule, amendment,
or rescission;
(d) That the rule-making agency has failed to prepare a
complete and accurate rule summary and fiscal analysis of the
proposed rule, amendment, or rescission as required by section
127.18 of the Revised Code;
(e) That the proposed rule, amendment, or rescission
incorporates a text or other material by reference and either the
rule-making agency has failed to file the text or other material
incorporated by reference as required by section 121.73 of the
Revised Code or, in the case of a proposed rule or amendment, the
incorporation by reference fails to meet the standards stated in
section 121.72, 121.75, or 121.76 of the Revised Code;
(f) That the rule-making agency has failed to demonstrate
through the business impact analysis, recommendations from the
common sense initiative office, and the memorandum of response the
agency has filed under division (H) of this section that the
regulatory intent of the proposed rule, amendment, or rescission
justifies its adverse impact on businesses in this state.
The joint committee shall not hold its public hearing on a
proposed rule, amendment, or rescission earlier than the
forty-first day after the original version of the proposed rule,
amendment, or rescission was filed with the joint committee.
The house of representatives and senate may adopt a
concurrent resolution invalidating a proposed rule, amendment,
rescission, or part thereof. The concurrent resolution shall state
which of the specific rules, amendments, rescissions, or parts
thereof are invalidated. A concurrent resolution invalidating a
proposed rule, amendment, or rescission shall be adopted not later
than the sixty-fifth day after the original version of the text of
the proposed rule, amendment, or rescission is filed with the
joint committee, except that if more than thirty-five days after
the original version is filed the rule-making agency either files
a revised version of the text of the proposed rule, amendment, or
rescission, or revises the rule summary and fiscal analysis in
accordance with division (I)(4) of this section, a concurrent
resolution invalidating the proposed rule, amendment, or
rescission shall be adopted not later than the thirtieth day after
the revised version of the proposed rule or rule summary and
fiscal analysis is filed. If, after the joint committee on agency
rule review recommends the adoption of a concurrent resolution
invalidating a proposed rule, amendment, rescission, or part
thereof, the house of representatives or senate does not, within
the time remaining for adoption of the concurrent resolution, hold
five floor sessions at which its journal records a roll call vote
disclosing a sufficient number of members in attendance to pass a
bill, the time within which that house may adopt the concurrent
resolution is extended until it has held five such floor sessions.
Within five days after the adoption of a concurrent
resolution invalidating a proposed rule, amendment, rescission, or
part thereof, the clerk of the senate shall send the rule-making
agency, the secretary of state, and the director of the
legislative service commission in electronic form a certified text
of the resolution together with a certification stating the date
on which the resolution takes effect. The secretary of state and
the director of the legislative service commission shall each note
the invalidity of the proposed rule, amendment, rescission, or
part thereof, and shall each remove the invalid proposed rule,
amendment, rescission, or part thereof from the file of proposed
rules. The rule-making agency shall not proceed to adopt in
accordance with division (D) of this section, or to file in
accordance with division (B)(1) of section 111.15 of the Revised
Code, any version of a proposed rule, amendment, rescission, or
part thereof that has been invalidated by concurrent resolution.
Unless the house of representatives and senate adopt a
concurrent resolution invalidating a proposed rule, amendment,
rescission, or part thereof within the time specified by this
division, the rule-making agency may proceed to adopt in
accordance with division (D) of this section, or to file in
accordance with division (B)(1) of section 111.15 of the Revised
Code, the latest version of the proposed rule, amendment, or
rescission as filed with the joint committee. If by concurrent
resolution certain of the rules, amendments, rescissions, or parts
thereof are specifically invalidated, the rule-making agency may
proceed to adopt, in accordance with division (D) of this section,
or to file in accordance with division (B)(1) of section 111.15 of
the Revised Code, the latest version of the proposed rules,
amendments, rescissions, or parts thereof as filed with the joint
committee that are not specifically invalidated. The rule-making
agency may not revise or amend any proposed rule, amendment,
rescission, or part thereof that has not been invalidated except
as provided in this chapter or in section 111.15 of the Revised
Code.
(2)(a) A proposed rule, amendment, or rescission that is
filed with the joint committee under division (H) of this section
or division (D) of section 111.15 of the Revised Code shall be
carried over for legislative review to the next succeeding regular
session of the general assembly if the original or any revised
version of the proposed rule, amendment, or rescission is filed
with the joint committee on or after the first day of December of
any year.
(b) The latest version of any proposed rule, amendment, or
rescission that is subject to division (I)(2)(a) of this section,
as filed with the joint committee, is subject to legislative
review and invalidation in the next succeeding regular session of
the general assembly in the same manner as if it were the original
version of a proposed rule, amendment, or rescission that had been
filed with the joint committee for the first time on the first day
of the session. A rule-making agency shall not adopt in accordance
with division (D) of this section, or file in accordance with
division (B)(1) of section 111.15 of the Revised Code, any version
of a proposed rule, amendment, or rescission that is subject to
division (I)(2)(a) of this section until the time for legislative
review and invalidation, as contemplated by division (I)(2)(b) of
this section, has expired.
(3) Invalidation of any version of a proposed rule,
amendment, rescission, or part thereof by concurrent resolution
shall prevent the rule-making agency from instituting or
continuing proceedings to adopt any version of the same proposed
rule, amendment, rescission, or part thereof for the duration of
the general assembly that invalidated the proposed rule,
amendment, rescission, or part thereof unless the same general
assembly adopts a concurrent resolution permitting the rule-making
agency to institute or continue such proceedings.
The failure of the general assembly to invalidate a proposed
rule, amendment, rescission, or part thereof under this section
shall not be construed as a ratification of the lawfulness or
reasonableness of the proposed rule, amendment, rescission, or any
part thereof or of the validity of the procedure by which the
proposed rule, amendment, rescission, or any part thereof was
proposed or adopted.
(4) In lieu of recommending a concurrent resolution to
invalidate a proposed rule, amendment, rescission, or part thereof
because the rule-making agency has failed to prepare a complete
and accurate fiscal analysis, the joint committee on agency rule
review may issue, on a one-time basis, for rules, amendments,
rescissions, or parts thereof that have a fiscal effect on school
districts, counties, townships, or municipal corporations, a
finding that the rule summary and fiscal analysis is incomplete or
inaccurate and order the rule-making agency to revise the rule
summary and fiscal analysis and refile it with the proposed rule,
amendment, rescission, or part thereof. If an emergency rule is
filed as a nonemergency rule before the end of the ninetieth day
of the emergency rule's effectiveness, and the joint committee
issues a finding and orders the rule-making agency to refile under
division (I)(4) of this section, the governor may also issue an
order stating that the emergency rule shall remain in effect for
an additional sixty days after the ninetieth day of the emergency
rule's effectiveness. The governor's orders shall be filed in
accordance with division (F) of this section. The joint committee
shall send in electronic form to the rule-making agency, the
secretary of state, and the director of the legislative service
commission a certified text of the finding and order to revise the
rule summary and fiscal analysis, which shall take immediate
effect.
An order issued under division (I)(4) of this section shall
prevent the rule-making agency from instituting or continuing
proceedings to adopt any version of the proposed rule, amendment,
rescission, or part thereof until the rule-making agency revises
the rule summary and fiscal analysis and refiles it in electronic
form with the joint committee along with the proposed rule,
amendment, rescission, or part thereof. If the joint committee
finds the rule summary and fiscal analysis to be complete and
accurate, the joint committee shall issue a new order noting that
the rule-making agency has revised and refiled a complete and
accurate rule summary and fiscal analysis. The joint committee
shall send in electronic form to the rule-making agency, the
secretary of state, and the director of the legislative service
commission a certified text of this new order. The secretary of
state and the director of the legislative service commission shall
each link this order to the proposed rule, amendment, rescission,
or part thereof. The rule-making agency may then proceed to adopt
in accordance with division (D) of this section, or to file in
accordance with division (B)(1) of section 111.15 of the Revised
Code, the proposed rule, amendment, rescission, or part thereof
that was subject to the finding and order under division (I)(4) of
this section. If the joint committee determines that the revised
rule summary and fiscal analysis is still inaccurate or
incomplete, the joint committee shall recommend the adoption of a
concurrent resolution in accordance with division (I)(1) of this
section.
Sec. 3719.01. As used in this chapter:
(A) "Administer" means the direct application of a drug,
whether by injection, inhalation, ingestion, or any other means to
a person or an animal.
(B) "Drug enforcement administration" means the drug
enforcement administration of the United States department of
justice or its successor agency.
(C) "Controlled substance" means a drug, compound, mixture,
preparation, or substance included in schedule I, II, III, IV, or
V.
(D) "Dangerous drug" has the same meaning as in section
4729.01 of the Revised Code.
(E) "Dispense" means to sell, leave with, give away, dispose
of, or deliver.
(F) "Distribute" means to deal in, ship, transport, or
deliver but does not include administering or dispensing a drug.
(G) "Drug" has the same meaning as in section 4729.01 of the
Revised Code.
(H) "Drug abuse offense," "felony drug abuse offense,"
"cocaine," and "hashish" have the same meanings as in section
2925.01 of the Revised Code.
(I) "Federal drug abuse control laws" means the
"Comprehensive Drug Abuse Prevention and Control Act of 1970," 84
Stat. 1242, 21 U.S.C. 801, as amended.
(J) "Hospital" means an institution for the care and
treatment of the sick and injured that is certified by the
department of health and approved by the state board of pharmacy
as proper to be entrusted with the custody of controlled
substances and the professional use of controlled substances.
(K) "Hypodermic" means a hypodermic syringe or needle, or
other instrument or device for the injection of medication.
(L) "Isomer," except as otherwise expressly stated, means the
optical isomer.
(M) "Laboratory" means a laboratory approved by the state
board of pharmacy as proper to be entrusted with the custody of
controlled substances and the use of controlled substances for
scientific and clinical purposes and for purposes of instruction.
(N) "Manufacturer" means a person who manufactures a
controlled substance, as "manufacture" is defined in section
3715.01 of the Revised Code.
(O) "Marihuana" means all parts of a plant of the genus
cannabis, whether growing or not; the seeds of a plant of that
type; the resin extracted from a part of a plant of that type; and
every compound, manufacture, salt, derivative, mixture, or
preparation of a plant of that type or of its seeds or resin.
"Marihuana" does not include the mature stalks of the plant, fiber
produced from the stalks, oils or cake made from the seeds of the
plant, or any other compound, manufacture, salt, derivative,
mixture, or preparation of the mature stalks, except the resin
extracted from the mature stalks, fiber, oil or cake, or the
sterilized seed of the plant that is incapable of germination.
(P) "Narcotic drugs" means coca leaves, opium, isonipecaine,
amidone, isoamidone, ketobemidone, as defined in this division,
and every substance not chemically distinguished from them and
every drug, other than cannabis, that may be included in the
meaning of "narcotic drug" under the federal drug abuse control
laws. As used in this division:
(1) "Coca leaves" includes cocaine and any compound,
manufacture, salt, derivative, mixture, or preparation of coca
leaves, except derivatives of coca leaves, that does not contain
cocaine, ecgonine, or substances from which cocaine or ecgonine
may be synthesized or made.
(2) "Isonipecaine" means any substance identified chemically
as 1-methyl-4-phenyl-piperidine-4-carboxylic acid ethyl ester, or
any salt thereof, by whatever trade name designated.
(3) "Amidone" means any substance identified chemically as
4-4-diphenyl-6-dimethylamino-heptanone-3, or any salt thereof, by
whatever trade name designated.
(4) "Isoamidone" means any substance identified chemically as
4-4-diphenyl-5-methyl-6-dimethylaminohexanone-3, or any salt
thereof, by whatever trade name designated.
(5) "Ketobemidone" means any substance identified chemically
as 4-(3-hydroxyphenyl)-1-methyl-4-piperidyl ethyl ketone
hydrochloride, or any salt thereof, by whatever trade name
designated.
(Q) "Official written order" means an order written on a form
provided for that purpose by the director of the United States
drug enforcement administration, under any laws of the United
States making provision for the order, if the order forms are
authorized and required by federal law.
(R) "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. "Opiate" does not include, unless
specifically designated as controlled under section 3719.41 of the
Revised Code, the dextrorotatory isomer of
3-methoxy-N-methylmorphinan and its salts (dextro-methorphan).
"Opiate" does include its racemic and levoratory forms.
(S) "Opium poppy" means the plant of the species papaver
somniferum L., except its seeds.
(T) "Person" means any individual, corporation, government,
governmental subdivision or agency, business trust, estate, trust,
partnership, association, or other legal entity.
(U) "Pharmacist" means a person licensed under Chapter 4729.
of the Revised Code to engage in the practice of pharmacy.
(V) "Pharmacy" has the same meaning as in section 4729.01 of
the Revised Code.
(W) "Poison" means any drug, chemical, or preparation likely
to be deleterious or destructive to adult human life in quantities
of four grams or less.
(X) "Poppy straw" means all parts, except the seeds, of the
opium poppy, after mowing.
(Y) "Licensed health professional authorized to prescribe
drugs," "prescriber," and "prescription" have the same meanings as
in section 4729.01 of the Revised Code.
(Z) "Registry number" means the number assigned to each
person registered under the federal drug abuse control laws.
(AA) "Sale" includes delivery, barter, exchange, transfer, or
gift, or offer thereof, and each transaction of those natures made
by any person, whether as principal, proprietor, agent, servant,
or employee.
(BB) "Schedule I," "schedule II," "schedule III," "schedule
IV," and "schedule V" mean controlled substance schedules I, II,
III, IV, and V, respectively, established pursuant to section
3719.41 of the Revised Code, as amended pursuant to section
3719.43 or, 3719.44, 3719.45, or 3719.46 of the Revised Code.
(CC) "Wholesaler" means a person who, on official written
orders other than prescriptions, supplies controlled substances
that the person has not manufactured, produced, or prepared
personally and includes a "wholesale distributor of dangerous
drugs" as defined in section 4729.01 of the Revised Code.
(DD) "Animal shelter" means a facility operated by a humane
society or any society organized under Chapter 1717. of the
Revised Code or a dog pound operated pursuant to Chapter 955. of
the Revised Code.
(EE) "Terminal distributor of dangerous drugs" has the same
meaning as in section 4729.01 of the Revised Code.
(FF) "Category III license" means a license issued to a
terminal distributor of dangerous drugs as set forth in section
4729.54 of the Revised Code.
(GG) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code.
(HH)(1) "Controlled substance analog" means, except as
provided in division (HH)(2) of this section, a substance to which
both of the following apply:
(a) The chemical structure of the substance is substantially
similar to the structure of a controlled substance in schedule I
or II.
(b) One of the following applies regarding the substance:
(i) The substance has a stimulant, depressant, or
hallucinogenic effect on the central nervous system that is
substantially similar to or greater than the stimulant,
depressant, or hallucinogenic effect on the central nervous system
of a controlled substance in schedule I or II.
(ii) With respect to a particular person, that person
represents or intends the substance to have a stimulant,
depressant, or hallucinogenic effect on the central nervous system
that is substantially similar to or greater than the stimulant,
depressant, or hallucinogenic effect on the central nervous system
of a controlled substance in schedule I or II.
(2) "Controlled substance analog" does not include any of the
following:
(a) A controlled substance;
(b) Any substance for which there is an approved new drug
application;
(c) With respect to a particular person, any substance if an
exemption is in effect for investigational use for that person
pursuant to federal law to the extent that conduct with respect to
that substance is pursuant to that exemption;
(d) Any substance to the extent it is not intended for human
consumption before the exemption described in division (HH)(2)(b)
of this section takes effect with respect to that substance.
Sec. 3719.41. Controlled substance schedules I, II, III, IV,
and V are hereby established, which schedules include the
following, subject to amendment pursuant to section 3719.43 or,
3719.44, 3719.45, or 3719.46 of the Revised Code.
SCHEDULE I
Any of the following opiates, including their isomers,
esters, ethers, salts, and salts of isomers, esters, and ethers,
unless specifically excepted under federal drug abuse control
laws, whenever the existence of these isomers, esters, ethers, and
salts is possible within the specific chemical designation:
(1) Acetyl-alpha-methylfentanyl
(N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);
(4) Alphacetylmethadol (except levo-alphacetylmethadol, also
known as levo-alpha-acetylmethadol, levomethadyl acetate, or
LAAM);
(7) Alpha-methylfentanyl
(N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl] propionanilide;
1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);
(8) Alpha-methylthiofentanyl
(N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-
phenylpropanamide);
(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);
(23) Dimethylthiambutene;
(24) Dioxaphetyl butyrate;
(26) Ethylmethylthiambutene;
(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);
(37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
(42) Para-fluorofentanyl
(N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]propanamide;
(43) PEPAP (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine;
(53) Thiofentanyl
(N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide;
(B) Narcotics-opium derivatives
Any of the following opium derivatives, including their
salts, isomers, and salts of isomers, unless specifically excepted
under federal drug abuse control laws, whenever the existence of
these salts, isomers, and salts of isomers is possible within the
specific chemical designation:
(2) Acetyldihydrocodeine;
(4) Codeine methylbromide;
(10) Etorphine (except hydrochloride salt);
(14) Methyldihydromorphine;
(15) Morphine methylbromide;
(16) Morphine methylsulfonate;
Any material, compound, mixture, or preparation that contains
any quantity of the following hallucinogenic substances, including
their salts, isomers, and salts of isomers, unless specifically
excepted under federal drug abuse control laws, whenever the
existence of these salts, isomers, and salts of isomers is
possible within the specific chemical designation. For the
purposes of this division only, "isomer" includes the optical
isomers, position isomers, 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-dimethoxyamphetamine (some trade or other
names: 4-bromo-2,5-dimethoxy-alpha-methyphenethylamine;
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-ethylamphetamine (some trade or other
names: DOET);
(6) 4-methoxyamphetamine (some trade or other names:
4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine;
PMA);
(7) 5-methoxy-3,4-methylenedioxy-amphetamine;
(8) 4-methyl-2,5-dimethoxy-amphetamine (some trade or other
names: 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; "DOM"
and "STP");
(9) 3,4-methylenedioxy amphetamine (MDA);
(10) 3,4-methylenedioxymethamphetamine (MDMA);
(11) 3,4-methylenedioxy-N-ethylamphetamine (also known as
N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl
MDA, MDE, MDEA);
(12) N-hydroxy-3,4-methylenedioxyamphetamine (also known as
N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine and
N-hydroxy MDA);
(13) 3,4,5-trimethoxy amphetamine;
(14) Bufotenine (some trade or 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 or other names: N,
N-diethyltryptamine; DET);
(16) Dimethyltryptamine (some trade or other names: DMT);
(17) Ibogaine (some trade or other names:
7-ethyl-6,6beta,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;
(21) Parahexyl (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 of that plant, any extract from any part
of that plant, and every compound, manufacture, salts, derivative,
mixture, or preparation of that plant, its seeds, or its
extracts);
(23) N-ethyl-3-piperidyl benzilate;
(24) N-methyl-3-piperidyl benzilate;
(27) Tetrahydrocannabinols (synthetic equivalents of the
substances contained in the plant, or in the resinous extractives
of Cannabis, sp. and/or synthetic substances, derivatives, 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, are
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-thienyl analog
of phencyclidine; TPCP; TCP);
(31) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine;
(35)
(1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone
(UR-144);
(36) 1-pentyl-3-(1-adamantoyl)indole (AB-001);
(37) N-adamantyl-1-pentylindole-3-carboxamide;
(38) N-adamantyl-1-pentylindazole-3-carboxamide (AKB48);
(39) 2-ethylamino-2-(3-methoxyphenyl)cyclohexanone
(methoxetamine);
(40) N,N-diallyl-5-methoxytryptamine (5MeO-DALT);
(41)
[1-(5-fluoropentylindol-3-yl)]-(2,2,3,3-tetramethylcyclopropyl)methanone
(5-fluoropentyl-UR-144; XLR11);
(42)
[1-(5-chloropentylindol-3-yl)]-(2,2,3,3-tetramethylcyclopropyl)methanone
(5-chloropentyl-UR-144);
(43)
[1-(5-bromopentylindol-3-yl)]-(2,2,3,3-tetramethylcyclopropyl)methanone
(5-bromopentyl-UR-144);
(44)
{1-[2-(4-morpholinyl)ethyl]indol-3-yl}-(2,2,3,3-tetramethylcyclopropyl)
methanone (A-796,260);
(45)
1-[(N-methylpiperidin-2-yl)methyl]-3-(1-adamantoyl)indole
(AM1248);
(46) N-adamantyl-1-(5-fluoropentylindole)-3-carboxamide;
(47) 5-(2-aminopropyl)benzofuran (5-APB);
(48) 6-(2-aminopropyl)benzofuran (6-APB);
(49) 5-(2-aminopropyl)-2,3-dihydrobenzofuran (5-APDB);
(50) 6-(2-aminopropyl)-2,3-dihydrobenzofuran (6-APDB);
(51) Benzothiophenylcyclohexylpiperidine (BTCP);
(52) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);
(53) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D);
(54) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);
(55) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I);
(56) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine
(2C-T-2);
(57) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine
(2C-T-4);
(58) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
(59) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N);
(60) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P);
(61) 4-methoxymethamphetamine (PMMA);
(62) 5,6 - Methylenedioxy-2-aminoindane (MDAI);
(63) 5-iodo-2-aminoindiane (5-IAI);
(64) 2-(4-iodo-2,5-dimethoxyphenyl)-N-
[(2-methoxyphenyl)methyl]ethanamine(25I-NBOMe);
(65) Diphenylprolinol (diphenyl(pyrrolidin-2-yl)methanol,
D2PM);
(66) Desoxypipradrol (2-benzhydrylpiperidine);
(67) Synthetic cannabinoids - unless specifically excepted or
unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of a synthetic
cannabinoid found to be in any of the following chemical groups or
any of those groups which contain any synthetic cannabinoid salts,
isomers, or salts of isomers, whenever the existence of such
salts, isomers, or salts of isomers is possible within the
specific chemical groups:
(a) Naphthoylindoles: any compound containing a
3-(1-naphthoyl)indole structure with or without substitution at
the nitrogen atom of the indole ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl,
(N-methylpiperidin-2-yl)methyl, cyanoalkyl,
(N-methylpyrrolidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl,
((N-methyl)-3-morpholinyl)methyl, or 2-(4-morpholinyl)ethyl group,
whether or not further substituted on the indole ring to any
extent or whether or not substituted on the naphthyl group to any
extent. Naphthoylindoles include, but are not limited to,
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM2201),
1-pentyl-3-(1-naphthoyl)indole (JWH-018), and
1-butyl-3-(1-naphthoyl)indole (JWH-073).
(b) Naphthylmethylindoles: any compound containing a
1H-indol-3-yl-(1-naphthyl)methane structure with or without
substitution at the nitrogen atom of the indole ring by an alkyl,
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
(N-methylpiperidin-2-yl)methyl, cyanoalkyl,
(N-methylpyrrolidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl,
((N-methyl)-3-morpholinyl)methyl, or 2-(4-morpholinyl)ethyl group,
whether or not further substituted on the indole ring to any
extent or whether or not substituted on the naphthyl group to any
extent. Naphthylmethylindoles include, but are not limited to,
(1-pentylindol-3-yl)(1-naphthyl)methane (JWH-175).
(c) Naphthoylpyrroles: any compound containing a
3-(1-naphthoyl)pyrrole structure with or without substitution at
the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl,
(N-methylpiperidin-2-yl)methyl, cyanoalkyl,
(N-methylpyrrolidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl,
((N-methyl)-3-morpholinyl)methyl, or 2-(4-morpholinyl)ethyl group,
whether or not further substituted on the pyrrole ring to any
extent or whether or not substituted on the naphthyl group to any
extent. Naphthoylpyrroles include, but are not limited to,
1-hexyl-2-phenyl-4-(1-naphthoyl)pyrrole (JWH-147).
(d) Naphthylmethylindenes: any compound containing a
naphthylmethylideneindene structure with or without substitution
at the 3-position of the indene ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl,
(N-methylpiperidin-2-yl)methyl, cyanoalkyl,
(N-methylpyrrolidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl,
((N-methyl)-3-morpholinyl)methyl, or 2-(4-morpholinyl)ethyl group,
whether or not further substituted on the indene group to any
extent or whether or not substituted on the naphthyl group to any
extent. Naphthylmethylindenes include, but are not limited to,
(1-[(3-pentyl)-1H-inden-1-ylidene)methyl]naphthalene (JWH-176).
(e) Phenylacetylindoles: any compound containing a
3-phenylacetylindole structure with or without substitution at the
nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl,
cyanoalkyl, (N-methylpyrrolidin-2-yl)methyl,
(tetrahydropyran-4-yl)methyl, ((N-methyl)-3-morpholinyl)methyl, or
2-(4-morpholinyl)ethyl group, whether or not further substituted
on the indole ring to any extent or whether or not substituted on
the phenyl group to any extent. Phenylacetylindoles include, but
are not limited to, 1-pentyl-3-(2-methoxyphenylacetyl)indole
(JWH-250), and
1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8);
1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
(f) Cyclohexylphenols: any compound containing a
2-(3-hydroxycyclohexyl)phenol structure with or without
substitution at the 5-position of the phenolic ring by an alkyl,
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
(N-methylpiperidin-2-yl)methyl, cyanoalkyl,
(N-methylpyrrolidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl,
((N-methyl)-3-morpholinyl)methyl, or 2-(4-morpholinyl)ethyl group,
whether or not further substituted on the cyclohexyl group to any
extent. Cyclohexylphenols include, but are not limited to,
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
(some trade or other names: CP-47,497) and
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (some
trade or other names: cannabicyclohexanol; CP-47,497 C8
homologue).
(g) Benzoylindoles: any compound containing a
3-(1-benzoyl)indole structure with or without substitution at the
nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl,
cyanoalkyl, (N-methylpyrrolidin-2-yl)methyl,
(tetrahydropyran-4-yl)methyl, ((N-methyl)-3-morpholinyl)methyl or
2-(4-morpholinyl)ethyl group, whether or not further substituted
on the indole ring to any extent or whether or not substituted on
the phenyl group to any extent. Benzoylindoles include, but are
not limited to, 1-pentyl-3-(4-methoxybenzoyl)indole (RCS-4),
1-[2-(4-morpholinyl)ethyl]-2-methyl-3-(4-methoxybenzoyl)indole
(Pravadoline or WIN 48, 098).
Any material, compound, mixture, or preparation that contains
any quantity of the following substances having a depressant
effect on the central nervous system, including their salts,
isomers, and salts of isomers, unless specifically excepted under
federal drug abuse control laws, whenever the existence of these
salts, isomers, and salts of isomers is possible within the
specific chemical designation:
Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation that
contains any quantity of the following substances having a
stimulant effect on the central nervous system, including their
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);
(3) (+/-)cis-4-methylaminorex
((+/-)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);
(5) N,N-dimethylamphetamine (also known as
N,N-alpha-trimethyl-benzeneethanamine;
N,N-alpha-trimethylphenethylamine);
(6) N-methyl-1-(thiophen-2-yl) propan-2-amine
(Methiopropamine);
(7) Substituted cathinones - any compound except bupropion or
compounds listed under a different schedule, structurally derived
from 2-aminopropan-1-one by substitution at the 1-position with
either phenyl, naphthyl, or thiophene ring systems, whether or not
the compound is further modified in any of the following ways:
(a) By substitution in the ring system to any extent with
alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide
substituents, whether or not further substituted in the ring
system by one or more other univalent substituents;
(b) By substitution at the 3-position with an acyclic alkyl
substituent;
(c) By substitution at the 2-amino nitrogen atom with alkyl,
dialkyl, benzyl, or methoxybenzyl groups;
(d) By inclusion of the 2-amino nitrogen atom in a cyclic
structure.
Examples of substituted cathinones include, but are not
limited to, methylone (3,4-methylenedioxymethcathinone), MDPV
(3,4-methylenedioxypyrovalerone), mephedrone
(4-methylmethcathinone), 4-methoxymethcathinone,
4-fluoromethcathinone, 3-fluoromethcathinone, Pentedrone
(2-(methylamino)-1-phenyl-1-pentanone), pentylone
(1-(1,3-benzodioxol-5-yl)-2-(methylamino)-1-pentanone),
2-(1-pyrrolidinyl)-1-(4-methylphenyl)-1-propanone, alpha-PVP
(1-phenyl-2-(1-pyrrodinyl)-1-pentanone), cathinone
(2-amino-1-phenyl-1-propanone), and methcathinone
(2-(methylamino)-propiophenone).
SCHEDULE II
(A) Narcotics-opium and opium derivatives
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any of the following
substances whether produced directly or indirectly by extraction
from substances of vegetable origin, 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, excluding apomorphine,
thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene,
naloxone, and naltrexone, and their respective salts, but
including the following:
(c) Opium fluid extracts;
(i) Etorphine hydrochloride;
(2) Any salt, compound, derivative, or preparation thereof
that is chemically equivalent to or identical with any of the
substances referred to in division (A)(1) of this schedule, except
that these substances shall not include the isoquinoline alkaloids
of opium;
(3) Opium poppy and poppy straw;
(4) Coca leaves and any salt, compound, derivative, or
preparation of coca leaves (including cocaine and ecgonine, their
salts, isomers, and derivatives, and salts of those isomers and
derivatives), and any salt, compound, derivative, or preparation
thereof that is chemically equivalent to or identical with any of
these substances, except that the substances shall not include
decocainized coca leaves or extraction of coca leaves, which
extractions do not contain cocaine or ecgonine;
(5) Concentrate of poppy straw (the crude extract of poppy
straw in either liquid, solid, or powder form that contains the
phenanthrene alkaloids of the opium poppy).
Unless specifically excepted under federal drug abuse control
laws 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 these
isomers, esters, ethers, and salts is possible within the specific
chemical designation, but excluding dextrorphan and
levopropoxyphene:
(5) Bulk dextropropoxyphene (non-dosage forms);
(11) Levo-alphacetylmethadol (some other names:
levo-alpha-acetylmethadol; levomethadyl acetate; LAAM);
(16) Methadone-intermediate,
4-cyano-2-dimethylamino-4,4-diphenyl butane;
(17) Moramide-intermediate,
2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic acid;
(18) Pethidine (meperidine);
(19) Pethidine-intermediate-A,
4-cyano-1-methyl-4-phenylpiperidine;
(20) Pethidine-intermediate-B,
ethyl-4-phenylpiperidine-4-carboxylate;
(21) Pethidine-intermediate-C,
1-methyl-4-phenylpiperidine-4-carboxylic acid;
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances having a stimulant effect on the central
nervous system:
(1) Amphetamine, its salts, its optical isomers, and salts of
its optical isomers;
(2) Methamphetamine, its salts, its isomers, and salts of its
isomers;
(4) Phenmetrazine and its salts.
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances having a depressant effect on the central
nervous system, including their salts, isomers, and salts of
isomers, whenever the existence of these salts, isomers, and salts
of isomers is possible within the specific chemical designation:
(2) Gamma-hydroxy-butyrate;
(5) Phencyclidine (some trade or other names:
1-(1-phenylcyclohexyl)piperidine; PCP);
(7) 1-aminophenylcyclohexane and all N-mono-substituted
and/or all N-N-disubstituted analogs including, but not limited
to, the following:
(a) 1-phenylcyclohexylamine;
(b) (1-phenylcyclohexyl) methylamine;
(c) (1-phenylcyclohexyl) dimethylamine;
(d) (1-phenylcyclohexyl) methylethylamine;
(e) (1-phenylcyclohexyl) isopropylamine;
(f) 1-(1-phenylcyclohexyl) morpholine.
(E) Hallucinogenic substances
(1) Nabilone (another name for nabilone:
(+)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-
hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one).
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances:
(1) Immediate precursor to amphetamine and methamphetamine:
(a) Phenylacetone (some trade or other names:
phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl
ketone);
(2) Immediate precursors to phencyclidine (PCP):
(a) 1-phenylcyclohexylamine;
(b) 1-piperidinocyclohexanecarbonitrile (PCC).
SCHEDULE III
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances having a stimulant effect on the central
nervous system, including their salts, their optical isomers,
position isomers, or geometric isomers, and salts of these
isomers, whenever the existence of these salts, isomers, and salts
of isomers is possible within the specific chemical designation:
(1) All stimulant compounds, mixtures, and preparations
included in schedule III pursuant to the federal drug abuse
control laws and regulations adopted under those laws;
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances having a depressant effect on the central
nervous system:
(1) Any compound, mixture, or preparation containing
amobarbital, secobarbital, pentobarbital, or any salt of any of
these drugs, and one or more other active medicinal ingredients
that are not listed in any schedule;
(2) Any suppository dosage form containing amobarbital,
secobarbital, pentobarbital, or any salt of any of these drugs and
approved by the food and drug administration for marketing only as
a suppository;
(3) Any substance that contains any quantity of a derivative
of barbituric acid or any salt of a derivative of barbituric acid;
(5) Ketamine, its salts, isomers, and salts of isomers (some
other names for ketamine:
(+/-)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone);
(9) Sulfondiethylmethane;
(12) Tiletamine, zolazepam, or any salt of tiletamine or
zolazepam (some trade or other names for a tiletamine-zolazepam
combination product: Telazol); (some trade or other names for
tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone); (some
trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8-
dihydro-1,3,8-trimethylpyrazolo-[3, 4-e][1,4]-diazepin-7(1H)-one;
flupyrazapon).
(D) Narcotics-narcotic preparations
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any of the following
narcotic drugs, or their salts calculated as the free anhydrous
base or alkaloid, in limited quantities as set forth below:
(1) Not more than 1.8 grams of codeine per 100 milliliters or
not more than 90 milligrams per dosage unit, with an equal or
greater quantity of an isoquinoline alkaloid of opium;
(2) Not more than 1.8 grams of codeine per 100 milliliters or
not more than 90 milligrams per dosage unit, with one or more
active, nonnarcotic ingredients in recognized therapeutic amounts;
(3) Not more than 300 milligrams of dihydrocodeinone per 100
milliliters or not more than 15 milligrams per dosage unit, with a
fourfold or greater quantity of an isoquinoline alkaloid of opium;
(4) Not more than 300 milligrams of dihydrocodeinone per 100
milliliters or not more than 15 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized
therapeutic amounts;
(5) Not more than 1.8 grams of dihydrocodeine per 100
milliliters or not more than 90 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized
therapeutic amounts;
(6) Not more than 300 milligrams of ethylmorphine per 100
milliliters or not more than 15 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized
therapeutic amounts;
(7) Not more than 500 milligrams of opium per 100 milliliters
or per 100 grams or not more than 25 milligrams per dosage unit,
with one or more active, nonnarcotic ingredients in recognized
therapeutic amounts;
(8) Not more than 50 milligrams of morphine per 100
milliliters or per 100 grams, with one or more active, nonnarcotic
ingredients in recognized therapeutic amounts.
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances, including their salts, esters, isomers, and
salts of esters and isomers, whenever the existence of these
salts, esters, and isomers is possible within the specific
chemical designation:
(1) Anabolic steroids. Except as otherwise provided in
division (E)(1) of schedule III, "anabolic steroids" means any
drug or hormonal substance that is chemically and
pharmacologically related to testosterone (other than estrogens,
progestins, and corticosteroids) and that promotes muscle growth.
"Anabolic steroids" does not include an anabolic steroid that is
expressly intended for administration through implants to cattle
or other nonhuman species and that has been approved by the United
States secretary of health and human services for that
administration, unless a person prescribes, dispenses, or
distributes this type of anabolic steroid for human use. "Anabolic
steroid" includes, but is not limited to, the following:
(b) Chlorotestosterone (4-chlortestosterone);
(d) Dehydrochlormethyltestosterone;
(e) Dihydrotestosterone (4-dihydrotestosterone);
(i) Formebulone (formebolone);
(bb) Any salt, ester, isomer, or salt of an ester or isomer
of a drug or hormonal substance described or listed in division
(E)(1) of schedule III if the salt, ester, or isomer promotes
muscle growth.
(F) Hallucinogenic substances
(1) Dronabinol (synthetic) in sesame oil and encapsulated in
a soft gelatin capsule in a United States food and drug
administration approved drug product (some other names for
dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro-
6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol, or
(-)-delta-9-(trans)-tetrahydrocannabinol).
SCHEDULE IV
Unless specifically excepted by federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any of the following
narcotic drugs, or their salts calculated as the free anhydrous
base or alkaloid, in limited quantities as set forth below:
(1) Not more than one milligram of difenoxin and not less
than 25 micrograms of atropine sulfate per dosage unit;
(2) Dextropropoxyphene
(alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-
propionoxybutane)[final dosage forms].
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances, including their salts, isomers, and salts of
isomers, whenever the existence of these salts, isomers, and salts
of isomers is possible within the specific chemical designation:
(32) Methylphenobarbital (mephobarbital);
Any material, compound, mixture, or preparation that contains
any quantity of the following substances, including their salts,
their optical isomers, position isomers, or geometric isomers, and
salts of these isomers, whenever the existence of these salts,
isomers, and salts of isomers is possible within the specific
chemical designation:
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances having a stimulant effect on the central
nervous system, including their salts, their optical isomers,
position isomers, or geometric isomers, and salts of these
isomers, whenever the existence of these salts, isomers, and salts
of isomers is possible within the specific chemical designation:
(1) Cathine ((+)-norpseudoephedrine);
(8) Pemoline (including organometallic complexes and chelates
thereof);
(12) SPA [(-)-1-dimethylamino-1,2-diphenylethane].
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances, including their salts:
(2) Butorphanol (including its optical isomers).
SCHEDULE V
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any of the following
narcotic drugs, and their salts, as set forth below:
(B) Narcotics-narcotic preparations
Narcotic drugs containing non-narcotic active medicinal
ingredients. Any compound, mixture, or preparation that contains
any of the following narcotic drugs, or their salts calculated as
the free anhydrous base or alkaloid, in limited quantities as set
forth below, and that includes one or more nonnarcotic active
medicinal ingredients in sufficient proportion to confer upon the
compound, mixture, or preparation valuable medicinal qualities
other than those possessed by narcotic drugs alone:
(1) Not more than 200 milligrams of codeine per 100
milliliters or per 100 grams;
(2) Not more than 100 milligrams of dihydrocodeine per 100
milliliters or per 100 grams;
(3) Not more than 100 milligrams of ethylmorphine per 100
milliliters or per 100 grams;
(4) Not more than 2.5 milligrams of diphenoxylate and not
less than 25 micrograms of atropine sulfate per dosage unit;
(5) Not more than 100 milligrams of opium per 100 milliliters
or per 100 grams;
(6) Not more than 0.5 milligram of difenoxin and not less
than 25 micrograms of atropine sulfate per dosage unit.
Unless specifically exempted or excluded under federal drug
abuse control laws or unless listed in another schedule, any
material, compound, mixture, or preparation that contains any
quantity of the following substances having a stimulant effect on
the central nervous system, including their salts, isomers, and
salts of isomers:
(1) Ephedrine, except as provided in division (K) of section
3719.44 of the Revised Code;
Sec. 3719.43. When pursuant to the federal drug abuse
control laws the attorney general of the United States adds a
compound, mixture, preparation, or substance to a schedule of the
laws, transfers any of the same between one schedule of the laws
to another, or removes a compound, mixture, preparation, or
substance from the schedules of the laws then such addition,
transfer, or removal is automatically effected in the
corresponding schedule or schedules in section 3719.41 of the
Revised Code, subject to amendment pursuant to section 3719.44,
3719.45, or 3719.46 of the Revised Code.
Sec. 3719.45. (A) Subject to divisions (B) and (C) of this
section, the attorney general may by rule adopted in accordance
with Chapter 119. of the Revised Code take either of the following
actions with respect to controlled substance schedule I
established in section 3719.41 of the Revised Code:
(1) Add to the schedule an unscheduled compound, mixture,
preparation, or substance that has no accepted medical use in
treatment in this state;
(2) Remove from the schedule a compound, mixture,
preparation, or substance added by the attorney general pursuant
to this section or section 3719.46 of the Revised Code.
(B) Before taking action under division (A) of this section,
the attorney general shall request a statement of the position of
the state board of pharmacy on the proposed action. Not later than
thirty days after receiving a request for its position, the board
shall provide a written statement of its position regarding the
proposed action to the attorney general. The statement shall
include a discussion of the potential impact of the action on the
practice of pharmacy. The board may determine its position by
resolution adopted during a public meeting or telephone conference
call.
(C) The attorney general may take an action under division
(A) of this section only after considering all of the following
with regard to the compound, mixture, preparation, or substance
proposed to be added to or removed from schedule I:
(1) Its actual or relative potential for abuse;
(2) Its history and current pattern of abuse;
(3) The scope, duration, and significance of abuse;
(4) The risk to the public health, as reported by hospitals
or licensed health care professionals;
(5) Reports of law enforcement officials, hospitals, or
licensed health care professionals;
(6) Whether it has been added to or removed from schedule I
under the laws of other states;
(7) The position of the board;
(8) Any other information that the attorney general considers
relevant.
Sec. 3719.46. (A)(1) The attorney general, by emergency
rule, shall add an unscheduled compound, mixture, preparation, or
substance to controlled substance schedule I established in
section 3719.41 of the Revised Code if the attorney general, in
consultation with the state board of pharmacy, determines that
both of the following are the case with regard to the compound,
mixture, preparation, or substance:
(a) It has no accepted medical use in treatment in this
state.
(b) It poses an imminent hazard to the public health, safety,
or welfare.
(2) In determining whether a previously unscheduled compound,
mixture, preparation, or substance poses an imminent hazard to the
public health, safety, or welfare, the attorney general and the
board shall consider all of the following:
(a) Its actual or relative potential for abuse;
(b) The scope, duration, and significance of abuse;
(c) The risk to the public health, as reported by hospitals
or licensed health care professionals;
(d) Reports of law enforcement officials, emergency medical
services personnel as defined in section 2133.21 of the Revised
Code, and emergency facility personnel as defined in section
2909.04 of the Revised Code;
(e) Whether it has been added to or removed from schedule I
on a temporary basis under the laws of other states.
(B) On determining that a compound, mixture, preparation, or
substance meets the criteria of division (A)(1) of this section,
the attorney general shall provide to the board a written
statement that includes the full text of the proposed emergency
rule accompanied by the reasons for the attorney general's
determination.
On receipt of the statement, the board shall make its own
determination of whether the compound, mixture, preparation, or
substance meets the criteria of division (A)(1) of this section.
The board shall give written notice of its determination to the
attorney general as soon as practicable. Failure of the board to
give this notice prior to the thirty-first day after receipt of
the statement shall be treated by the attorney general as a
determination by the board that the compound, mixture,
preparation, or substance meets the criteria of division (A)(1) of
this section.
If the board determines that the compound, mixture,
preparation, or substance does not meet the criteria, it shall
include with the notice to the attorney general a statement
specifying the reasons for its determination.
The attorney general may modify the proposed rule to address
the board's reasons. The board and the attorney general shall
continue this process until they reach agreement.
If the attorney general and the board agree that the
compound, mixture, preparation, or substance meets the criteria of
division (A)(1) of this section, the attorney general shall issue
an order suspending the procedure in section 119.03 of the Revised
Code with respect to the adoption of nonemergency rules. The order
shall state the reasons for the determination of the attorney
general and the board that the compound, mixture, preparation, or
substance meets the criteria of division (A)(1) of this section.
The attorney general shall file the order in electronic form with
the secretary of state, the director of the legislative service
commission, and the joint committee on agency rule review. The
attorney general shall then adopt the emergency rule described in
division (A)(1) of this section.
(C)(1) An emergency rule adopted under this section is
effective on the day it is filed in final form electronically with
the secretary of state, the director of the legislative service
commission, and the joint committee on agency rule review. The
director shall publish the full text of the emergency rule in the
register of Ohio.
Except as provided in division (C)(2) of this section, an
emergency rule adopted under this section is valid until the end
of the three hundred sixty-fourth day after the day it takes
effect. Before that date, the attorney general or the board may
adopt the rule as a nonemergency rule by complying with the
procedure prescribed in section 119.03 of the Revised Code for the
adoption of rules that are not emergency rules.
(2) If before the end of the period described in division
(C)(1) of this section the attorney general or the board begins
the procedure for adopting the emergency rule as a nonemergency
rule but at the end of the period the rule is not yet final, the
emergency rule is valid for an additional three hundred sixty-five
days or until the nonemergency rule is final, whichever is
earlier.
Section 2. That existing sections 119.03, 3719.01, 3719.41,
and 3719.43 of the Revised Code are hereby repealed.
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