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H0410........................................................by MR. SPEAKER
Requested by: Board of Pharmacy
CONTROLLED SUBSTANCES - Amends existing law to add the drug ketamine to
schedule II controlled substances; and to reschedule the drug dronabinol
from schedule II to schedule III controlled substances.
01/17 House intro - 1st rdg - to printing
Rpt prt - to Health/Wel
H0410|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 410 BY MR. SPEAKER Requested by: Board of Pharmacy 1 AN ACT 2 RELATING TO CONTROLLED SUBSTANCES; AMENDING SECTION 37-2707, IDAHO CODE, TO 3 ADD THE DRUG KETAMINE TO SCHEDULE II AND TO REMOVE THE DRUG DRONABINOL AND 4 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 37-2709, IDAHO CODE, TO 5 ADD THE DRUG DRONABINOL TO SCHEDULE III AND TO MAKE TECHNICAL CORRECTIONS; 6 AND PROVIDING 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-carboxylate; 37 (21) Pethidine--Intermediate--C, 1-methyl-4-phenylpiperidine-4-carboxylic 38 acid; 39 (22) Phenazocine; 40 (23) Piminodine; 41 (24) Racemethorphan; 42 (25) Racemorphan; 43 (26) Sufentanil. 44 (d) Stimulants. Unless specifically excepted or unless listed in another 45 schedule, any material, compound, mixture, or preparation which contains any 46 quantity of the following substances having a stimulant effect on the central 47 nervous system: 48 (1) Amphetamine, its salts, optical isomers, and salts of its optical 49 isomers; 50 (2) Methamphetamine, its salts, isomers, and salts of its isomers; 51 (3) Phenmetrazine and its salts; 52 (4) Methylphenidate. 53 (e) Depressants. Unless specifically excepted or unless listed in another 54 schedule, any material, compound, mixture, or preparation which contains any 55 quantity of the following substances having a depressant effect on the central 3 1 nervous system, including its salts, isomers, and salts of isomers whenever 2 the existence of such salts, isomers, and salts of isomers is possible within 3 the specific chemical designation: 4 (1) Amobarbital; 5 (2) Glutethimide; 6 (3) Pentobarbital; 7 (4) Phencyclidine; 8 (5) Secobarbital. 9 (f) Hallucinogenic substances. 10 (1)Dronabinol (synthetic) in sesame oil and encapsulated in a soft gela-11tin capsule in a U.S. Food and Drug Administration approved drug product12(21 C.F.R. 1308.12 (f)).13(2)Nabiline .................................(another name for nabilone: 14 (+)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy-6,6- 15 dimethyl-9H-dibenzo[(b,d])pyran-9-one) (21 C.F.R. 1308.12 (f)). 16 (g) Immediate precursors. Unless specifically excepted or unless listed 17 in another schedule, any material, compound, mixture, or preparation which 18 contains any quantity of the following substances: 19 (1) Immediate precursor to amphetamine and methamphetamine: 20 (a) Anthranilic acid; 21 (b) Ephedrine; 22 (c) Lead acetate; 23 (d) Methylamine; 24 (e) Methyl formamide; 25 (f) N-methylephedrine; 26 (g) Phenylacetic acid; 27 (h) Phenylacetone; 28 (i) Phenylpropanolamine; 29 (j) Pseudoephedrine. 30 Except that any combination or compound containing ephedrine, or any of 31 its salts and isomers, or phenylpropanolamine or its salts and isomers, or 32 pseudoephedrine, or any of its salts and isomers which is prepared for dis- 33 pensing or over-the-counter distribution is not a controlled substance for the 34 purpose of this section, unless such substance is possessed, delivered, or 35 possessed with intent to deliver to another with the intent to manufacture 36 methamphetamine, amphetamine or any other controlled substance in violation of 37 section 37-2732, Idaho Code. For purposes of this provision, the requirements 38 of the uniform controlled substances act shall not apply to a manufacturer, 39 wholesaler or retailer of over-the-counter products containing the listed sub- 40 stances unless such person possesses, delivers, or possesses with intent to 41 deliver to another the over-the-counter product with intent to manufacture a 42 controlled substance. 43 (2) Immediate precursors to phencyclidine (PCP): 44 (a) 1-phenylcyclohexylamine; 45 (b) 1-piperidinocyclohexanecarbonitrile (PCC). 46 SECTION 2. That Section 37-2709, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 37-2709. SCHEDULE III. (a) Schedule III shall consist of the drugs and 49 other substances, by whatever official name, common or usual name, chemical 50 name, or brand name designated, listed in this section. 51 (b) Stimulants. Unless specifically excepted or unless listed in another 52 schedule, any material, compound, mixture, or preparation which contains any 53 quantity of the following substances having a stimulant effect on the central 4 1 nervous system, including its salts, isomers, (whether optical or geometric), 2 and salts of such isomers whenever the existence of such salts, isomers, and 3 salts of isomers is possible within the specific chemical designation: 4 (1) Those compounds, mixtures, or preparations in dosage unit form con- 5 taining any stimulant substances listed in schedule II which compounds, 6 mixtures, or preparations were listed on August 25, 1971, as excepted com- 7 pounds under C.F.R. Sec. 308.32, and any other drug of the quantitative 8 composition shown in that list for those drugs or which is the same except 9 that it contains a lesser quantity of controlled substances. 10 (2) Benzphetamine; 11 (3) Chlorphentermine; 12 (4) Clortermine; 13 (5) Phendimetrazine. 14 (c) Depressants. Unless listed in another schedule, any material, com- 15 pound, mixture, or preparation which contains any quantity of the following 16 substances having a potential for abuse associated with a depressant effect on 17 the central nervous system: 18 (1) Any compound, mixture or preparation containing: 19 i. Amobarbital; 20 ii. Secobarbital; 21 iii. Pentobarbital or any salt thereof and one or more other active 22 medicinal ingredients which are not listed in any schedule. 23 (2) Any suppository dosage form containing: 24 i. Amobarbital; 25 ii. Secobarbital; 26 iii. Pentobarbital or any salt of any of these drugs and approved by 27 the Food and Drug Administration for marketing only as a suppository. 28 (3) Any substance which contains any quantity of a derivative of 29 barbituric acid or any salt thereof; 30 (4) Chlorhexadol; 31 (5) Ketamine, its salts, isomers, and salts of isomers 7285. (Some other 32 names for ketamine: ( )-2-(2-chlorophenyl)-2-(methylamino)cyclohexanone). 33 (6) Lysergic acid; 34 (67) Lysergic acid amide; 35 (78) Methyprylon; 36 (89) Sulfondiethylmethane; 37 (910) Sulfonethylmethane; 38 (101) Sulfonmethane; 39 (112) Tiletamine and zolazepam or any salt thereof. 40 (d) Nalorphine. 41 (e) Narcotic drugs. Unless specifically excepted or unless listed in 42 another schedule, any material, compound, mixture, or preparation containing 43 limited quantities of any of the following narcotic drugs, or any salts 44 thereof: 45 (1) Not more than 1.8 grams of codeine, or any of its salts, per 100 46 milliliters or not more than 90 milligrams per dosage unit, with an equal 47 or greater quantity of an isoquinoline alkaloid of opium; 48 (2) Not more than 1.8 grams of codeine, or any of its salts, per 100 49 milliliters or not more than 90 milligrams per dosage unit, with one or 50 more active, nonnarcotic ingredients in recognized therapeutic amounts; 51 (3) Not more than 300 milligrams of dihydrocodeinone, or any of its 52 salts, per 100 milliliters or not more than 15 milligrams per dosage unit, 53 with a fourfold or greater quantity of an isoquinoline alkaloid of opium; 54 (4) Not more than 300 milligrams of dihydrocodeinone, or any of its 55 salts, per 100 milliliters or not more than 15 milligrams per dosage unit, 5 1 with one or more active, nonnarcotic ingredients in recognized therapeutic 2 amounts; 3 (5) Not more than 1.8 grams of dihydrocodeine, or any of its salts, per 4 100 milliliters or not more than 90 milligrams per dosage unit, with one 5 or more active, nonnarcotic ingredients in recognized therapeutic amounts; 6 (6) Not more than 300 milligrams of ethylmorphine, or any of its salts, 7 per 100 milliliters or not more than 15 milligrams per dosage unit, with 8 one or more ingredients in recognized therapeutic amounts; 9 (7) Not more than 500 milligrams of opium per 100 milliliters or per 100 10 grams, or not more than 25 milligrams per dosage unit, with one or more 11 active, nonnarcotic ingredients in recognized therapeutic amounts; 12 (8) Not more than 50 milligrams of morphine, or any of its salts, per 100 13 milliliters or per 100 grams with one or more active, nonnarcotic ingredi- 14 ents in recognized therapeutic amounts. 15 (f) Anabolic steroids and human growth hormones. Any drug or hormonal 16 substance, chemically and pharmacologically related to testosterone (other 17 than estrogens, progestins and corticosteroids) that promotes muscle growth 18 including any salt, ester or isomer of a drug or substance listed in this 19 paragraph, if that salt, ester or isomer promotes muscle growth. 20 (1) Boldenone; 21 (2) Chlorotestosterone (4-chlortestosterone); 22 (3) Chorionic gonadotropin; 23 (4) Clostebol; 24 (5) Dehydrochlormethyltestosterone; 25 (6) Dihydrotestosterone (4-dihydrotestosterone); 26 (7) Drostanolone; 27 (8) Ethylestrenol; 28 (9) Fluoxymesterone; 29 (10) Formebulone; 30 (11) Human growth hormones; 31 (12) Mesterolone; 32 (13) Methandienone; 33 (14) Methandranone; 34 (15) Methandriol; 35 (16) Methandrostenolone; 36 (17) Methenolone; 37 (18) Methyltestosterone; 38 (19) Mibolerone; 39 (20) Nandrolone; 40 (21) Norethandrolone; 41 (22) Oxandrolone; 42 (23) Oxymesterone; 43 (24) Oxymetholone; 44 (25) Stanolone; 45 (26) Stanozolol; 46 (27) Testolactone; 47 (28) Testosterone; 48 (29) Testosterone cypionate; 49 (30) Testosterone enanthate; 50 (31) Testosterone propionate; 51 (32) Trenbolone. 52 Anabolic steroids that are expressly intended for administration through 53 implants to cattle or other nonhuman species, and that are approved by the 54 federal Food and Drug Administration for such use, shall not be classified as 55 controlled substances under this act and shall not be governed by its provi- 6 1 sions. 2 In addition to the penalties prescribed in article IV of the uniform con- 3 trolled substances act, any person shall be guilty of a felony who prescribes, 4 dispenses, supplies, sells, delivers, manufactures or possesses with the 5 intent to prescribe, dispense, supply, sell, deliver or manufacture anabolic 6 steroids or any other human growth hormone for purposes of enhancing perfor- 7 mance in an exercise, sport or game or hormonal manipulation intended to 8 increase muscle mass, strength or weight without a medical necessity as deter- 9 mined by a physician. 10 (g) Hallucinogenic substances. 11 (1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gela- 12 tin capsule in the federal Food and Drug Administration approved product - 13 7369. (Some other names for dronabinol: (6aR-trans) 14 -6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo (b,d) pyran-1- 15 ol) or (-)-delta-9-(trans)-tetrahydrocannabinol). 16 (h) Other substances. Unless specifically excepted, or unless listed in 17 another schedule, any material, compound, mixture, or preparation which con- 18 tains any quantity of the following substance, including its salts: 19 (1) Butorphanol. 20 (hi) The board may except by rule any compound, mixture, or preparation 21 containing any stimulant or depressant substance listed in subsections (b) and 22 (c) of this section from the application of all or any part of this act if the 23 compound, mixture, or preparation contains one or more active medicinal ingre- 24 dients not having a stimulant or depressant effect on the central nervous sys- 25 tem, and if the admixtures are included therein in combinations, quantity, 26 proportion, or concentration that vitiate the potential for abuse of the sub- 27 stances which have a stimulant or depressant effect on the central nervous 28 system. 29 SECTION 3. This act shall be in full force and effect on and after July 30 1, 2000.
STATEMENT OF PURPOSE
RS09321
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