2000 Legislation
Print Friendly

HOUSE BILL NO. 429 – Ketamine/Dronabinol, control substn

HOUSE BILL NO. 429

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



H0429.................................................by HEALTH AND WELFARE
CONTROLLED SUBSTANCES - Amends existing law to add the drug ketamine to
schedule III controlled substances; and to reschedule the drug dronabinol
from schedule II to schedule III controlled substances.
                                                                        
01/25    House intro - 1st rdg - to printing
01/26    Rpt prt - to Health/Wel
02/15    Rpt out - rec d/p - to 2nd rdg
02/16    2nd rdg - to 3rd rdg
02/21    3rd rdg - PASSED - 67-0-3
      AYES -- Alltus, Barrett, Bell, Bieter, Black, Boe, Bruneel,
      Callister, Campbell, Chase, Cheirrett, Clark, Cuddy, Deal, Denney,
      Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
      Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
      Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher,
      Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle,
      Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff,
      Stone, Taylor, Tilman, Trail(Miller), Wheeler, Wood, Zimmermann
      NAYS -- None
      Absent and excused -- Barraclough, Crow, Mr Speaker
    Floor Sponsor - Bieter
    Title apvd - to Senate
02/22    Senate intro - 1st rdg - to Health/Wel
02/25    Rpt out - rec d/p - to 2nd rdg
02/28    2nd rdg - to 3rd rdg
03/24    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
      Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Whitworth, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Wheeler
    Title apvd - to House
03/27    To enrol
03/28    Rpt enrol - Sp signed
03/29    Pres signed
03/30    To Governor
    Governor signed
         Session Law Chapter 110
         Effective: 07/01/00

Bill Text


 H0429
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 429
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CONTROLLED SUBSTANCES; AMENDING SECTION 37-2707,  IDAHO  CODE,  TO
  3        REMOVE  THE DRUG DRONABINOL FROM SCHEDULE II AND TO MAKE TECHNICAL CORREC-
  4        TIONS; AMENDING SECTION 37-2709, IDAHO CODE, TO ADD THE DRUGS KETAMINE AND
  5        DRONABINOL TO SCHEDULE III AND TO MAKE TECHNICAL CORRECTIONS; AND  PROVID-
  6        ING AN EFFECTIVE DATE.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That  Section 37-2707, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        37-2707.  SCHEDULE II. (a) Schedule II shall  consist  of  the  drugs  and
 11    other  substances,  by  whatever official name, common or usual name, chemical
 12    name, or brand name designated, listed in this section.
 13        (b)  Substances, vegetable origin or chemical synthesis.  Unless  specifi-
 14    cally excepted or unless listed in another schedule, any of the following sub-
 15    stances  whether produced directly or indirectly by extraction from substances
 16    of vegetable origin, or independently by means of chemical synthesis, or by  a
 17    combination of extraction and chemical synthesis:
 18        (1)  Opium  and opiate, and any salt, compound, derivative, or preparation
 19        of  opium  or  opiate,  excluding  apomorphine,  dextrorphan,  nalbuphine,
 20        nalmefene, naloxone, naltrexone and their respective salts, but  including
 21        the following:
 22             1.  Raw opium;
 23             2.  Opium extracts;
 24             3.  Opium fluid extracts;
 25             4.  Powdered opium;
 26             5.  Granulated opium;
 27             6.  Tincture of opium;
 28             7.  Codeine;
 29             8.  Ethylmorphine;
 30             9.  Etorphine hydrochloride;
 31             10. Hydrocodone;
 32             11. Hydromorphone;
 33             12. Metopon;
 34             13. Morphine;
 35             14. Oxycodone;
 36             15. Oxymorphone;
 37             16. Thebaine.
 38        (2)  Any salt, compound, derivative, or preparation thereof which is chem-
 39        ically  equivalent  or identical with any of the substances referred to in
 40        paragraph (b) (1) of this section, except that these substances shall  not
 41        include the isoquinoline alkaloids of opium.
 42        (3)  Opium poppy and poppy straw.
 43        (4)  Coca  leaves  and  any  salt, compound, derivative, or preparation of
                                                                        
                                           2
                                                                        
  1        coca leaves, and any salt, compound, derivative,  or  preparation  thereof
  2        which  is chemically equivalent or identical with any of these substances,
  3        but not including decocainized coca  leaves or extractions  which  do  not
  4        contain cocaine or ecgonine.
  5        (5)  Methylbenzoylecgonine  (Cocaine  -  its  salts,  optical isomers, and
  6        salts of optical isomers).
  7        (6)  Concentrate of poppy straw (the  crude  extract  of  poppy  straw  in
  8        either  liquid,  solid  or  powder  form  which  contains the phenanthrine
  9        alkaloids of the opium poppy).
 10        (c)  Any of  the  following  opiates,  including  their  isomers,  esters,
 11    ethers,  salts, and salts of isomers, whenever the existence of these isomers,
 12    esters, ethers and salts is possible within the specific chemical designation,
 13    unless specifically excepted or unless listed in another schedule:
 14        (1)  Alfentanil;
 15        (2)  Alphaprodine;
 16        (3)  Anileridine;
 17        (4)  Bezitramide;
 18        (5)  Bulk Dextropropoxyphene (nondosage forms);
 19        (6)  Carfentanil;
 20        (7)  Dihydrocodeine;
 21        (8)  Diphenoxylate;
 22        (9)  Fentanyl;
 23        (10) Isomethadone;
 24        (11) Levo-alphacetylmethadol  (also  known  as  levo-alpha-acetylmethadol,
 25        levomethadyl acetate, LAAM);
 26        (12) Levomethorphan;
 27        (13) Levorphanol;
 28        (14) Metazocine;
 29        (15) Methadone;
 30        (16) Methadone  --  Intermediate,  4-cyano-2-dimethylamino-4,   4-diphenyl
 31        butane;
 32        (17) Moramide   --   Intermediate,   2-methyl-3-morpholino-1,   1-diphenyl
 33        propane-carboxylic acid;
 34        (18) Pethidine (meperidine);
 35        (19) Pethidine -- Intermediate -- A, 4-cyano-1-methyl-4-phenylpiperidine;
 36        (20) Pethidine   --   Intermediate   --   B,   ethyl-4-phenylpiperidine-4-
 37        carboxylate;
 38        (21) Pethidine  -- Intermediate -- C, 1-methyl-4-phenylpiperidine-4-carbo-
 39        xylic acid;
 40        (22) Phenazocine;
 41        (23) Piminodine;
 42        (24) Racemethorphan;
 43        (25) Racemorphan;
 44        (26) Sufentanil.
 45        (d)  Stimulants.  Unless specifically excepted or unless listed in another
 46    schedule, any material, compound, mixture, or preparation which  contains  any
 47    quantity  of the following substances having a stimulant effect on the central
 48    nervous system:
 49        (1)  Amphetamine, its salts, optical isomers, and  salts  of  its  optical
 50        isomers;
 51        (2)  Methamphetamine, its salts, isomers, and salts of its isomers;
 52        (3)  Phenmetrazine and its salts;
 53        (4)  Methylphenidate.
 54        (e)  Depressants. Unless specifically excepted or unless listed in another
 55    schedule,  any  material, compound, mixture, or preparation which contains any
                                                                        
                                           3
                                                                        
  1    quantity of  the following substances having a depressant effect on  the  cen-
  2    tral nervous system, including its salts, isomers, and salts of isomers, when-
  3    ever  the  existence  of such salts, isomers, and salts of isomers is possible
  4    within the specific chemical designation:
  5        (1)  Amobarbital;
  6        (2)  Glutethimide;
  7        (3)  Pentobarbital;
  8        (4)  Phencyclidine;
  9        (5)  Secobarbital.
 10        (f)  Hallucinogenic substances.
 11        (1)  Dronabinol (synthetic) in sesame oil and encapsulated in a soft gela-
 12        tin capsule in a U.S. Food and Drug Administration approved  drug  product
 13        (21 C.F.R. 1308.12 (f)).
 14        (2)  Nabiline .................................(another name for nabilone:
 15        (+)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy-6,6-
 16        dimethyl-9H-dibenzo[b,d]pyran-9-one)  (21 C.F.R. 1308.12 (f)).
 17        (g)  Immediate  precursors.  Unless specifically excepted or unless listed
 18    in another schedule, any material, compound,  mixture,  or  preparation  which
 19    contains any quantity of the following substances:
 20        (1)  Immediate precursor to amphetamine and methamphetamine:
 21             (a)  Anthranilic acid;
 22             (b)  Ephedrine;
 23             (c)  Lead acetate;
 24             (d)  Methylamine;
 25             (e)  Methyl formamide;
 26             (f)  N-methylephedrine;
 27             (g)  Phenylacetic acid;
 28             (h)  Phenylacetone;
 29             (i)  Phenylpropanolamine;
 30             (j)  Pseudoephedrine.
 31        Except  that  any  combination or compound containing ephedrine, or any of
 32    its salts and isomers, or phenylpropanolamine or its  salts  and  isomers,  or
 33    pseudoephedrine,  or  any  of its salts and isomers which is prepared for dis-
 34    pensing or over-the-counter distribution is not a controlled substance for the
 35    purpose of this section, unless such substance  is  possessed,  delivered,  or
 36    possessed  with  intent  to  deliver to another with the intent to manufacture
 37    methamphetamine, amphetamine or any other controlled substance in violation of
 38    section 37-2732, Idaho Code.  For purposes of this provision, the requirements
 39    of the uniform controlled substances act shall not apply  to  a  manufacturer,
 40    wholesaler or retailer of over-the-counter products containing the listed sub-
 41    stances  unless  such  person possesses, delivers, or possesses with intent to
 42    deliver to another the over-the-counter product with intent to  manufacture  a
 43    controlled substance.
 44        (2)  Immediate precursors to phencyclidine (PCP):
 45             (a)  1-phenylcyclohexylamine;
 46             (b)  1-piperidinocyclohexanecarbonitrile (PCC).
                                                                        
 47        SECTION  2.  That  Section 37-2709, Idaho Code, be, and the same is hereby
 48    amended to read as follows:
                                                                        
 49        37-2709.  SCHEDULE III. (a) Schedule III shall consist of  the  drugs  and
 50    other  substances,  by  whatever official name, common or usual name, chemical
 51    name, or brand name designated, listed in this section.
 52        (b)  Stimulants. Unless specifically excepted or unless listed in  another
 53    schedule,  any  material, compound, mixture, or preparation which contains any
                                                                        
                                           4
                                                                        
  1    quantity of the following substances having a stimulant effect on the  central
  2    nervous  system, including its salts, isomers, (whether optical or geometric),
  3    and salts of such isomers whenever the existence of such salts,  isomers,  and
  4    salts of isomers is possible within the specific chemical designation:
  5        (1)  Those  compounds,  mixtures, or preparations in dosage unit form con-
  6        taining any stimulant substances listed in schedule  II  which  compounds,
  7        mixtures, or preparations were listed on August 25, 1971, as excepted com-
  8        pounds  under  C.F.R.  Sec. 308.32, and any other drug of the quantitative
  9        composition shown in that list for those drugs or which is the same except
 10        that it contains a lesser quantity of controlled substances.
 11        (2)  Benzphetamine;
 12        (3)  Chlorphentermine;
 13        (4)  Clortermine;
 14        (5)  Phendimetrazine.
 15        (c)  Depressants. Unless listed in another schedule,  any  material,  com-
 16    pound,  mixture,  or  preparation which contains any quantity of the following
 17    substances having a potential for abuse associated with a depressant effect on
 18    the central nervous system:
 19        (1)  Any compound, mixture or preparation containing:
 20             i.   Amobarbital;
 21             ii.  Secobarbital;
 22             iii. Pentobarbital or any salt thereof and  one  (1)  or  more  other
 23             active medicinal ingredients which are not listed in any schedule.
 24        (2)  Any suppository dosage form containing:
 25             i.   Amobarbital;
 26             ii.  Secobarbital;
 27             iii. Pentobarbital  or any salt of any of these drugs and approved by
 28             the Food and Drug Administration for marketing only as a suppository.
 29        (3)  Any  substance  which  contains  any  quantity  of  a  derivative  of
 30        barbituric acid or any salt thereof;
 31        (4)  Chlorhexadol;
 32        (5)  Ketamine, its salts, isomers, and salts of isomers - 7285. (Some other
 33        names for ketamine: (  )-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone).
 34        (6)  Lysergic acid;
 35        (67)  Lysergic acid amide;
 36        (78)  Methyprylon;
 37        (89)  Sulfondiethylmethane;
 38        (910) Sulfonethylmethane;
 39        (101) Sulfonmethane;
 40        (112) Tiletamine and zolazepam or any salt thereof.
 41        (d)  Nalorphine.
 42        (e)  Narcotic drugs. Unless specifically  excepted  or  unless  listed  in
 43    another  schedule,  any material, compound, mixture, or preparation containing
 44    limited quantities of  any of the  following  narcotic  drugs,  or  any  salts
 45    thereof:
 46        (1)  Not  more  than  1.8  grams  of codeine, or any of its salts, per 100
 47        milliliters or not more than 90 milligrams per dosage unit, with an  equal
 48        or greater quantity of an isoquinoline alkaloid of opium;
 49        (2)  Not  more  than  1.8  grams  of codeine, or any of its salts, per 100
 50        milliliters or not more than 90 milligrams per dosage unit, with  one  (1)
 51        or more active, nonnarcotic ingredients in recognized therapeutic amounts;
 52        (3)  Not  more  than  300  milligrams  of  dihydrocodeinone, or any of its
 53        salts, per 100 milliliters or not more than 15 milligrams per dosage unit,
 54        with a fourfold or greater quantity of an isoquinoline alkaloid of opium;
 55        (4)  Not more than 300 milligrams  of  dihydrocodeinone,  or  any  of  its
                                                                        
                                           5
                                                                        
  1        salts, per 100 milliliters or not more than 15 milligrams per dosage unit,
  2        with  one (1) or more active, nonnarcotic ingredients in recognized thera-
  3        peutic amounts;
  4        (5)  Not more than 1.8 grams of dihydrocodeine, or any of its  salts,  per
  5        100  milliliters  or not more than 90 milligrams per dosage unit, with one
  6        (1) or more active,  nonnarcotic  ingredients  in  recognized  therapeutic
  7        amounts;
  8        (6)  Not  more  than 300 milligrams of ethylmorphine, or any of its salts,
  9        per 100 milliliters or not more than 15 milligrams per dosage  unit,  with
 10        one (1) or more ingredients in recognized therapeutic amounts;
 11        (7)  Not  more than 500 milligrams of opium per 100 milliliters or per 100
 12        grams, or not more than 25 milligrams per dosage unit,  with  one  (1)  or
 13        more active, nonnarcotic ingredients in recognized therapeutic amounts;
 14        (8)  Not more than 50 milligrams of morphine, or any of its salts, per 100
 15        milliliters  or  per  100  grams  with one (1) or more active, nonnarcotic
 16        ingredients in recognized therapeutic amounts.
 17        (f)  Anabolic steroids and human growth hormones.  Any  drug  or  hormonal
 18    substance,  chemically  and  pharmacologically  related to testosterone (other
 19    than estrogens, progestins and corticosteroids) that  promotes  muscle  growth
 20    including  any  salt,  ester  or  isomer of a drug or substance listed in this
 21    paragraph, if that salt, ester or isomer promotes muscle growth.
 22        (1)  Boldenone;
 23        (2)  Chlorotestosterone (4-chlortestosterone);
 24        (3)  Chorionic gonadotropin;
 25        (4)  Clostebol;
 26        (5)  Dehydrochlormethyltestosterone;
 27        (6)  Dihydrotestosterone (4-dihydrotestosterone);
 28        (7)  Drostanolone;
 29        (8)  Ethylestrenol;
 30        (9)  Fluoxymesterone;
 31        (10) Formebulone;
 32        (11) Human growth hormones;
 33        (12) Mesterolone;
 34        (13) Methandienone;
 35        (14) Methandranone;
 36        (15) Methandriol;
 37        (16) Methandrostenolone;
 38        (17) Methenolone;
 39        (18) Methyltestosterone;
 40        (19) Mibolerone;
 41        (20) Nandrolone;
 42        (21) Norethandrolone;
 43        (22) Oxandrolone;
 44        (23) Oxymesterone;
 45        (24) Oxymetholone;
 46        (25) Stanolone;
 47        (26) Stanozolol;
 48        (27) Testolactone;
 49        (28) Testosterone;
 50        (29) Testosterone cypionate;
 51        (30) Testosterone enanthate;
 52        (31) Testosterone propionate;
 53        (32) Trenbolone.
 54        Anabolic steroids that are expressly intended for  administration  through
 55    implants  to  cattle  or  other nonhuman species, and that are approved by the
                                                                        
                                           6
                                                                        
  1    federal Food and Drug Administration for such use, shall not be classified  as
  2    controlled  substances  under this act and shall not be governed by its provi-
  3    sions.
  4        In addition to the penalties prescribed in article IV of the uniform  con-
  5    trolled substances act, any person shall be guilty of a felony who prescribes,
  6    dispenses,  supplies,  sells,  delivers,  manufactures  or  possesses with the
  7    intent to prescribe, dispense, supply, sell, deliver or  manufacture  anabolic
  8    steroids  or  any other human growth hormone for purposes of enhancing perfor-
  9    mance in an exercise, sport or  game  or  hormonal  manipulation  intended  to
 10    increase muscle mass, strength or weight without a medical necessity as deter-
 11    mined by a physician.
 12        (g) Hallucinogenic substances.
 13        (1)  Dronabinol (synthetic) in sesame oil and encapsulated in a soft gela-
 14        tin capsule in the federal Food and Drug Administration approved product -
 15        7369.     (Some     other     names     for     dronabinol:    (6aR-trans)
 16        -6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo [b,d]pyran-1-ol
 17        or (-)-delta-9-(trans)-tetrahydrocannabinol).
 18        (h)  Other substances. Unless specifically excepted, or unless  listed  in
 19    another  schedule,  any material, compound, mixture, or preparation which con-
 20    tains any quantity of the following substance, including its salts:
 21        (1)  Butorphanol.
 22        (hi)  The board may except by rule any compound, mixture,  or  preparation
 23    containing any stimulant or depressant substance listed in subsections (b) and
 24    (c) of this section from the application of all or any part of this act if the
 25    compound,  mixture,  or  preparation contains one (1) or more active medicinal
 26    ingredients not having a stimulant or depressant effect on the central nervous
 27    system, and if the admixtures are included therein in combinations,  quantity,
 28    proportion,  or concentration that vitiate the potential for abuse of the sub-
 29    stances which have a stimulant or depressant effect  on  the  central  nervous
 30    system.
                                                                        
 31        SECTION  3.  This  act shall be in full force and effect on and after July
 32    1, 2000.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                            RS09604 

The purpose of this proposed legislation is to add the drug 
ketamine to Schedule III and reschedule the drug dronabinol 
from Schedule II to Schedule III to conform to federal
regulations.

                          FISCAL IMPACT

There will be no impact on the General Fund, no cost to the 
general public or practitioners, and implementation of the 
legislation will be from the Board of Pharmacy dedicated funds.

CONTACT: Richard K. "Mick" Markuson, Director
Idaho State Board of Pharmacy
334-2356

STATEMENT OF PURPOSE/FISCAL NOTE                H 429