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H0237....................................................by HEALTH AND WELFARE
CONTROLLED SUBSTANCES - Amends existing law to expand the description of gamma
hydroxybutyric acid and to allow gamma hydroxybutyric acid to be placed in
other schedules; to move the substance buprenorphine from Schedule V to
Schedule III and to add any drug product containing gamma hydroxybutyric acid
to Schedule III; and to include the substances listed in Section 37-2705(e),
Idaho Code, and any drug product containing gamma hydroxybutyric acid under
the penalty provisions for persons being under the influence of controlled
substances and being on a public roadway or conveyance.
02/11 House intro - 1st rdg - to printing
02/12 Rpt prt - to Health/Wel
02/25 Rpt out - rec d/p - to 2nd rdg
02/26 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 65-0-5
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow,
Cuddy, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones,
Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,
Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring,
Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd,
Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,
Tilman, Wills, Wood
NAYS -- None
Absent and excused -- Clark, Deal, Kellogg, Trail, Mr. Speaker
Floor Sponsor - Field(23)
Title apvd - to Senate
02/28 Senate intro - 1st rdg - to Health/Wel
03/17 Rpt out - rec d/p - to 2nd rdg
03/19 2nd rdg - to 3rd rdg
03/20 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bailey, Bunderson, Burkett, Burtenshaw,
Calabretta(Wilson), Cameron, Compton, Darrington, Davis, Gannon, Geddes,
Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder,
Sorensen, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Brandt
Floor Sponsor - Burkett
Title apvd - to House
03/21 To enrol
03/24 Rpt enrol - Sp signed
03/25 Pres signed
03/26 To Governor
03/31 Governor signed
Session Law Chapter 185
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 237
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO CONTROLLED SUBSTANCES AND THE IDAHO BOARD OF PHARMACY; AMENDING
3 SECTION 37-2705, IDAHO CODE, TO EXPAND THE DESCRIPTION OF GAMMA
4 HYDROXYBUTYRIC ACID PRODUCTS LISTED TO MATCH THE DESCRIPTION IN SCHEDULE I
5 OF CONTROLLED SUBSTANCES UNDER FEDERAL LAW, TO ALLOW SPECIFIC PRODUCTS
6 CONTAINING GAMMA HYDROXYBUTYRIC ACID TO BE PLACED IN OTHER SCHEDULES AND
7 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 37-2709, IDAHO CODE, TO
8 ADD THE SUBSTANCE BUPRENORPHINE TO SCHEDULE III AND TO ADD TO SCHEDULE III
9 ANY DRUG PRODUCT CONTAINING GAMMA HYDROXYBUTYRIC ACID, INCLUDING ITS
10 SALTS, ISOMERS AND SALTS OF ISOMERS FOR WHICH AN APPLICATION IS APPROVED
11 UNDER SECTION 505 OF THE FEDERAL FOOD, DRUG AND COSMETIC ACT; AMENDING
12 SECTION 37-2713, IDAHO CODE, TO REMOVE THE SUBSTANCE BUPRENORPHINE FROM
13 SCHEDULE V AND TO MAKE A TECHNICAL CORRECTION; AND AMENDING SECTION
14 37-2732C, IDAHO CODE, TO INCLUDE THE SUBSTANCES LISTED IN SUBSECTION (e)
15 OF SECTION 37-2705, IDAHO CODE, AND ANY DRUG PRODUCT CONTAINING GAMMA
16 HYDROXYBUTYRIC ACID, INCLUDING ITS SALTS, ISOMERS AND SALTS OF ISOMERS FOR
17 WHICH AN APPLICATION IS APPROVED UNDER SECTION 505 OF THE FEDERAL FOOD,
18 DRUG AND COSMETIC ACT UNDER THE PENALTY PROVISIONS FOR PERSONS BEING UNDER
19 THE INFLUENCE OF A CONTROLLED SUBSTANCE AND BEING ON A PUBLIC ROADWAY OR
20 CONVEYANCE.
21 Be It Enacted by the Legislature of the State of Idaho:
22 SECTION 1. That Section 37-2705, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 37-2705. SCHEDULE I. (a) The controlled substances listed in this section
25 are included in schedule I.
26 (b) Any of the following opiates, including their isomers, esters,
27 ethers, salts, and salts of isomers, esters, and ethers, unless specifically
28 excepted, whenever the existence of these isomers, esters, ethers and salts is
29 possible within the specific chemical designation:
30 (1) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-
31 4-piperidinyl]-N-phenylacetamide);
32 (2) Acetylmethadol;
33 (3) Allylprodine;
34 (4) Alphacetylmethadol (except levo-alphacetylmethadol also known as
35 levo-alpha-acetylmethadol, levomethadyl acetate or LAAM);
36 (5) Alphameprodine;
37 (6) Alphamethadol;
38 (7) Alpha-methylfentanyl;
39 (8) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-
40 piperidinyl]-N-phenylpropanamide);
41 (9) Benzethidine;
42 (10) Betacetylmethadol;
43 (11) Beta-hydroxyfentanyl
2
1 (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide);
2 (12) Beta-hydroxy-3-methylfentanyl (N-(1-(2-hydroxy-2-phenethyl)
3 -3-methyl-4-piperidinyl)-N-phenylpropanamide);
4 (13) Betameprodine;
5 (14) Betamethadol;
6 (15) Betaprodine;
7 (16) Clonitazene;
8 (17) Dextromoramide;
9 (18) Diampromide;
10 (19) Diethylthiambutene;
11 (20) Difenoxin;
12 (21) Dimenoxadol;
13 (22) Dimepheptanol;
14 (23) Dimethylthiambutene;
15 (24) Dioxaphetyl butyrate;
16 (25) Dipipanone;
17 (26) Ethylmethylthiambutene;
18 (27) Etonitazene;
19 (28) Etoxeridine;
20 (29) Furethidine;
21 (30) Hydroxypethidine;
22 (31) Ketobemidone;
23 (32) Levomoramide;
24 (33) Levophenacylmorphan;
25 (34) 3-Methylfentanyl;
26 (35) 3-methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-
27 piperidinyl]-N-phenylpropanamide);
28 (36) Morpheridine;
29 (37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
30 (38) Noracymethadol;
31 (39) Norlevorphanol;
32 (40) Normethadone;
33 (41) Norpipanone;
34 (42) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-
35 piperidinyl] propanamide);
36 (43) PEPAP (1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);
37 (44) Phenadoxone;
38 (45) Phenampromide;
39 (46) Phenomorphan;
40 (47) Phenoperidine;
41 (48) Piritramide;
42 (49) Proheptazine;
43 (50) Properidine;
44 (51) Propiram;
45 (52) Racemoramide;
46 (53) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-
47 propanamide);
48 (54) Tilidine;
49 (55) Trimeperidine.
50 (c) Any of the following opium derivatives, their salts, isomers and
51 salts of isomers, unless specifically excepted, whenever the existence of
52 these salts, isomers and salts of isomers is possible within the specific
53 chemical designation:
54 (1) Acetorphine;
55 (2) Acetyldihydrocodeine;
3
1 (3) Benzylmorphine;
2 (4) Codeine methylbromide;
3 (5) Codeine-N-Oxide;
4 (6) Cyprenorphine;
5 (7) Desomorphine;
6 (8) Dihydromorphine;
7 (9) Drotebanol;
8 (10) Etorphine (except hydrochloride salt);
9 (11) Heroin;
10 (12) Hydromorphinol;
11 (13) Methyldesorphine;
12 (14) Methyldihydromorphine;
13 (15) Morphine methylbromide;
14 (16) Morphine methylsulfonate;
15 (17) Morphine-N-Oxide;
16 (18) Myrophine;
17 (19) Nicocodeine;
18 (20) Nicomorphine;
19 (21) Normorphine;
20 (22) Pholcodine;
21 (23) Thebacon.
22 (d) Hallucinogenic substances. Any material, compound, mixture or prepa-
23 ration which contains any quantity of the following hallucinogenic substances,
24 their salts, isomers and salts of isomers, unless specifically excepted, when-
25 ever the existence of these salts, isomers, and salts of isomers is possible
26 within the specific chemical designation (for purposes of this paragraph only,
27 the term "isomer" includes the optical, position and geometric isomers):
28 (1) 4-bromo-2,5-dimethoxy amphetamine;
29 (2) 2,5-dimethoxyamphetamine;
30 (3) 4-bromo-2,5-dimethoxyphenethylamine (some other names: alpha-
31 desmethyl DOB, 2C-B);
32 (4) 2,5-dimethoxy-4-ethylamphetamine (another name: DOET);
33 (5) 4-methoxyamphetamine (PMA);
34 (6) 5-methoxy-3,4-methylenedioxy-amphetamine;
35 (7) 4-methyl-2,5-dimethoxy-amphetamine (DOM, STP);
36 (8) 3,4-methylenedioxy amphetamine;
37 (9) 3,4-methylenedioxymethamphetamine (MDMA);
38 (10) 3,4-methylenedioxy-N-ethylamphetamine (also known as N-ethyl-alpha-
39 methyl-3,4 (methylenedioxy) phenethylamine, and N-ethyl MDA, MDE, MDEA);
40 (11) N-hydroxy-3,4-methylenedioxyamphetamine (also known as N-hydroxy-
41 alpha-methyl-3,4(methylenedioxy) phenethylamine, and N-hydroxy MDA);
42 (12) 3,4,5-trimethoxy amphetamine;
43 (13) Alpha-ethyltryptamine (some other names: etryptamine,
44 3-(2-aminobutyl) indole);
45 (14) Bufotenine;
46 (15) Diethyltryptamine (DET);
47 (16) Dimethyltryptamine (DMT);
48 (17) Ibogaine;
49 (18) Lysergic acid diethylamide;
50 (19) Marihuana;
51 (20) Mescaline;
52 (21) Parahexyl;
53 (22) Peyote;
54 (23) N-ethyl-3-piperidyl benzilate;
55 (24) N-methyl-3-piperidyl benzilate;
4
1 (25) Psilocybin;
2 (26) Psilocyn;
3 (27) Tetrahydrocannabinols. Synthetic equivalents of the substances con-
4 tained in the plant, or in the resinous extractives of Cannabis, sp.
5 and/or synthetic substances, derivatives, and their isomers with similar
6 chemical structure and pharmacological activity such as the following:
7 cis or trans tetrahydrocannabinol, and their optical isomers, exclud-
8 ing dronabinol in sesame oil and encapsulated in a soft gelatin capsule in
9 a drug product approved by the U.S. Food and Drug Administration.
10 cis or trans tetrahydrocannabinol, and their optical isomers.
11 cis or trans tetrahydrocannabinol, and its optical isomers. (Since
12 nomenclature of these substances is not internationally standardized, com-
13 pounds of these structures, regardless of numerical designation of atomic
14 positions are covered.)
15 (28) Ethylamine analog of phencyclidine (N-ethyl-1-phenylcyclohexylamine
16 (1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl) ethylamine,
17 cyclohexamine, PCE;
18 (29) Pyrrolidine analog of phencyclidine: 1-(phenylcyclohexy1l)
19 -pyrrolidine, PCPy, PHP;
20 (30) Thiophene analog of phencyclidine
21 1-[1-(2-thienyl)-cyclohexyl]-piperidine, 2-thienylanalog of phencyclidine,
22 TPCP, TCP;
23 (31) 1-[1-(2-thienyl) cyclohexyl] pyrrolidine another name: TCPy.
24 (e) Unless specifically excepted or unless listed in another schedule,
25 aAny material, compound, mixture or preparation which contains any quantity of
26 the following substances having a depressant effect on the central nervous
27 system, including its salts, isomers, and salts of isomers wherever whenever
28 the existence of such salts, isomers, and salts of isomers is possible within
29 the specific chemical designation:
30 (1) Gamma hydroxybutyrate hydroxybutyric acid (some other names include
31 GHB; gamma-hydroxybutyrate, 4-hydroxybutyrate; 4-hyroxybutanoic acid;
32 sodium oxybate; sodium oxybutyrate);
33 (2) Flunitrazepam (also known as "R2", "Rohypnol");
34 (3) Mecloqualone;
35 (4) Methaqualone.
36 (f) Stimulants. Unless specifically excepted or unless listed in another
37 schedule, any material, compound, mixture, or preparation which contains any
38 quantity of the following substances having a stimulant effect on the central
39 nervous system, including its salts, isomers, and salts of isomers:
40 (1) Aminorex (some other names: aminoxaphen,
41 2-amino-5-phenyl-2-oxazoline, or 4,5-dihydro-5-phenyl-2-oxazolamine);
42 (2) Cathinone (some other names: alpha-aminopropiophenone,
43 2-aminopropiophenone and norephedrone);
44 (3) Fenethylline;
45 (4) Methcathinone (some other names: 2-(methyl-amino)-propiophenone,
46 alpha-(methylamino)-propiophenone, N-methylcathinone, AL-464, AL-422,
47 AL-463 and UR1423);
48 (5) (t)cis-4-methylaminorex
49 [(+/-)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine];
50 (6) N-ethylamphetamine;
51 (7) N,N-dimethylamphetamine (also known as: N,N-alpha-trimethyl-
52 benzeneethanamine).
53 (g) Temporary listing of substances subject to emergency scheduling. Any
54 material, compound, mixture or preparation which contains any quantity of the
55 following substances:
5
1 (1) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl), its
2 optical isomers, salts and salts of isomers.
3 (2) N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide
4 (thenylfentanyl), its optical isomers, salts and salts of isomers.
5 (3) 4-methylaminorex (also known as 2-amino-4-methyl-
6 5-phenyl-2-oxazoline).
7 SECTION 2. That Section 37-2709, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 37-2709. SCHEDULE III. (a) Schedule III shall consist of the drugs and
10 other substances, by whatever official name, common or usual name, chemical
11 name, or brand name designated, listed in this section.
12 (b) Stimulants. Unless specifically excepted or unless listed in another
13 schedule, any material, compound, mixture, or preparation which contains any
14 quantity of the following substances having a stimulant effect on the central
15 nervous system, including its salts, isomers, (whether optical or geometric),
16 and salts of such isomers whenever the existence of such salts, isomers, and
17 salts of isomers is possible within the specific chemical designation:
18 (1) Those compounds, mixtures, or preparations in dosage unit form con-
19 taining any stimulant substances listed in schedule II which compounds,
20 mixtures, or preparations were listed on August 25, 1971, as excepted com-
21 pounds under C.F.R. Sec. 308.32, and any other drug of the quantitative
22 composition shown in that list for those drugs or which is the same except
23 that it contains a lesser quantity of controlled substances.
24 (2) Benzphetamine;
25 (3) Chlorphentermine;
26 (4) Clortermine;
27 (5) Phendimetrazine.
28 (c) Depressants. Unless listed in another schedule, any material, com-
29 pound, mixture, or preparation which contains any quantity of the following
30 substances having a potential for abuse associated with a depressant effect on
31 the central nervous system:
32 (1) Any compound, mixture or preparation containing:
33 i. Amobarbital;
34 ii. Secobarbital;
35 iii. Pentobarbital or any salt thereof and one (1) or more other
36 active medicinal ingredients which are not listed in any schedule.
37 (2) Any suppository dosage form containing:
38 i. Amobarbital;
39 ii. Secobarbital;
40 iii. Pentobarbital or any salt of any of these drugs and approved by
41 the Food and Drug Administration for marketing only as a suppository.
42 (3) Any substance which contains any quantity of a derivative of
43 barbituric acid or any salt thereof;
44 (4) Chlorhexadol;
45 (5) Any drug product containing gamma hydroxybutyric acid, including its
46 salts, isomers, and salts of isomers, for which an application is approved
47 under section 505 of the federal food, drug, and cosmetic act;
48 (6) Ketamine, its salts, isomers, and salts of isomers - 7285. (Some other
49 names for ketamine: (+ )-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone).
50 (67) Lysergic acid;
51 (78) Lysergic acid amide;
52 (89) Methyprylon;
53 (910) Sulfondiethylmethane;
6
1 (101) Sulfonethylmethane;
2 (112) Sulfonmethane;
3 (123) Tiletamine and zolazepam or any salt thereof.
4 (d) Nalorphine.
5 (e) Narcotic drugs.
6 (1) Unless specifically excepted or unless listed in another schedule,
7 any material, compound, mixture, or preparation containing limited quanti-
8 ties of any of the following narcotic drugs, or any salts thereof:
9 (1i) Not more than 1.8 grams of codeine, or any of its salts, per
10 100 milliliters or not more than 90 milligrams per dosage unit, with
11 an equal or greater quantity of an isoquinoline alkaloid of opium;
12 (2ii) Not more than 1.8 grams of codeine, or any of its salts, per
13 100 milliliters or not more than 90 milligrams per dosage unit, with
14 one (1) or more active, nonnarcotic ingredients in recognized thera-
15 peutic amounts;
16 (3iii) Not more than 300 milligrams of dihydrocodeinone, or any of
17 its salts, per 100 milliliters or not more than 15 milligrams per
18 dosage unit, with a fourfold or greater quantity of an isoquinoline
19 alkaloid of opium;
20 (4iv) Not more than 300 milligrams of dihydrocodeinone, or any of
21 its salts, per 100 milliliters or not more than 15 milligrams per
22 dosage unit, with one (1) or more active, nonnarcotic ingredients in
23 recognized therapeutic amounts;
24 (5v) Not more than 1.8 grams of dihydrocodeine, or any of its
25 salts, per 100 milliliters or not more than 90 milligrams per dosage
26 unit, with one (1) or more active, nonnarcotic ingredients in recog-
27 nized therapeutic amounts;
28 (6vi) Not more than 300 milligrams of ethylmorphine, or any of its
29 salts, per 100 milliliters or not more than 15 milligrams per dosage
30 unit, with one (1) or more ingredients in recognized therapeutic
31 amounts;
32 (7vii) Not more than 500 milligrams of opium per 100 milliliters or
33 per 100 grams, or not more than 25 milligrams per dosage unit, with
34 one (1) or more active, nonnarcotic ingredients in recognized thera-
35 peutic amounts;
36 (8viii) Not more than 50 milligrams of morphine, or any of its salts,
37 per 100 milliliters or per 100 grams with one (1) or more active,
38 nonnarcotic ingredients in recognized therapeutic amounts.
39 (2) Any material, compound, mixture, or preparation containing any of the
40 following narcotic drugs or their salts, as set forth below:
41 (i) Buprenorphine.
42 (ii) [Reserved].
43 (f) Anabolic steroids and human growth hormones. Any drug or hormonal
44 substance, chemically and pharmacologically related to testosterone (other
45 than estrogens, progestins and corticosteroids) that promotes muscle growth
46 including any salt, ester or isomer of a drug or substance listed in this
47 paragraph, if that salt, ester or isomer promotes muscle growth.
48 (1) Boldenone;
49 (2) Chlorotestosterone (4-chlortestosterone);
50 (3) Chorionic gonadotropin;
51 (4) Clostebol;
52 (5) Dehydrochlormethyltestosterone;
53 (6) Dihydrotestosterone (4-dihydrotestosterone);
54 (7) Drostanolone;
55 (8) Ethylestrenol;
7
1 (9) Fluoxymesterone;
2 (10) Formebulone;
3 (11) Human growth hormones;
4 (12) Mesterolone;
5 (13) Methandienone;
6 (14) Methandranone;
7 (15) Methandriol;
8 (16) Methandrostenolone;
9 (17) Methenolone;
10 (18) Methyltestosterone;
11 (19) Mibolerone;
12 (20) Nandrolone;
13 (21) Norethandrolone;
14 (22) Oxandrolone;
15 (23) Oxymesterone;
16 (24) Oxymetholone;
17 (25) Stanolone;
18 (26) Stanozolol;
19 (27) Testolactone;
20 (28) Testosterone;
21 (29) Testosterone cypionate;
22 (30) Testosterone enanthate;
23 (31) Testosterone propionate;
24 (32) Trenbolone.
25 Anabolic steroids that are expressly intended for administration through
26 implants to cattle or other nonhuman species, and that are approved by the
27 federal Food and Drug Administration for such use, shall not be classified as
28 controlled substances under this act and shall not be governed by its provi-
29 sions.
30 In addition to the penalties prescribed in article IV of the uniform con-
31 trolled substances act, any person shall be guilty of a felony who prescribes,
32 dispenses, supplies, sells, delivers, manufactures or possesses with the
33 intent to prescribe, dispense, supply, sell, deliver or manufacture anabolic
34 steroids or any other human growth hormone for purposes of enhancing perfor-
35 mance in an exercise, sport or game or hormonal manipulation intended to
36 increase muscle mass, strength or weight without a medical necessity as deter-
37 mined by a physician.
38 (g) Hallucinogenic substances.
39 (1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gela-
40 tin capsule in the federal Food and Drug Administration approved product -
41 7369. (Some other names for dronabinol: (6aR-trans)
42 -6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo [b,d]pyran-1-ol
43 or (-)-delta-9-(trans)-tetrahydrocannabinol).
44 (h) Other substances. Unless specifically excepted, or unless listed in
45 another schedule, any material, compound, mixture, or preparation which con-
46 tains any quantity of the following substance, including its salts:
47 (1) Butorphanol.
48 (i) The board may except by rule any compound, mixture, or preparation
49 containing any stimulant or depressant substance listed in subsections (b) and
50 (c) of this section from the application of all or any part of this act if the
51 compound, mixture, or preparation contains one (1) or more active medicinal
52 ingredients not having a stimulant or depressant effect on the central nervous
53 system, and if the admixtures are included therein in combinations, quantity,
54 proportion, or concentration that vitiate the potential for abuse of the sub-
55 stances which have a stimulant or depressant effect on the central nervous
8
1 system.
2 SECTION 3. That Section 37-2713, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 37-2713. SCHEDULE V. (a) Schedule V shall consist of the drugs and other
5 substances, by whatever official name, common or usual name, chemical name, or
6 brand name designated, listed in this section.
7 (b) Narcotic drugs. Unless specifically excepted or unless listed in
8 another schedule, any material, compound, mixture, or preparation containing
9 any of the following narcotic drugs and their salts, as set forth below:
10 (1) Buprenorphine.
11 (c) Narcotic drugs containing nonnarcotic active medicinal ingredients.
12 Any compound, mixture, or preparation containing any of the following limited
13 quantities of narcotic drugs or salts thereof, which shall include one (1) or
14 more nonnarcotic active medicinal ingredients in sufficient proportion to con-
15 fer upon the compound, mixture, or preparation, valuable medicinal qualities
16 other than those possessed by the narcotic drug alone:
17 (1) Not more than 200 milligrams of codeine per 100 milliliters or per
18 100 grams;
19 (2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters
20 or per 100 grams;
21 (3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or
22 per 100 grams;
23 (4) Not more than 2.5 milligrams of diphenoxylate and not less than 25
24 micrograms of atropine sulfate per dosage unit;
25 (5) Not more than 100 milligrams of opium per 100 milliliters or per 100
26 grams;
27 (6) Not more than 0.5 milligrams difenoxin and not less than 25
28 micrograms of atropine sulfate per dosage unit.
29 (d) Other substances. Unless specifically excepted or unless listed in
30 another schedule, any material, compound, mixture or preparation which con-
31 tains any quantity of the following substances, including its salts:
32 (1) Propylhexedrine (except as Benzedrex [TM] inhaler);
33 (2) Pyrovalerone.
34 SECTION 4. That Section 37-2732C, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 37-2732C. USING OR BEING UNDER THE INFLUENCE -- PENALTIES. (a) Except as
37 authorized in this chapter, it is unlawful for any person on a public roadway,
38 on a public conveyance, on public property or on private property open to the
39 public, to use or be under the influence of any controlled substance specified
40 in subsection (b), (c), (d), (e) and (f) of section 37-2705, Idaho Code, or
41 subsection (b), (c) and (d) of section 37-2707, Idaho Code, or subsection
42 (c)(5) of section 37-2709, Idaho Code, or any narcotic drug classified in
43 schedule III, IV or V, except when administered by or under the direction of a
44 person licensed by the state to dispense, prescribe, or administer controlled
45 substances. It shall be the burden of the defense to show that it comes
46 within this exception.
47 (b) Any person convicted of violating the provisions of subsection (a) of
48 this section is guilty of a misdemeanor and is punishable by imprisonment in a
49 county jail for not more than six (6) months, or by a fine not exceeding one
50 thousand dollars ($1,000) or by both.
51 (c) Any person who is convicted of violating subsection (a) of this sec-
9
1 tion, when the offense occurred within five (5) years of that person being
2 convicted of two (2) or more separate violations of that subsection and who
3 refuses to complete a licensed drug rehabilitation program offered by the
4 court pursuant to subsection (d) shall be punished by imprisonment in the
5 county jail for a mandatory minimum period of time of not less than one hun-
6 dred twenty (120) days, nor more than one (1) year. The court may not reduce
7 the mandatory minimum period of incarceration provided in this subsection.
8 (d) The court may, when it would be in the interest of justice, permit
9 any person convicted of a violation of subsection (a) of this section, punish-
10 able under subsection (b) or (c) of this section, to complete a licensed drug
11 rehabilitation program in lieu of part or all of the imprisonment in the
12 county jail. As a condition of sentencing, the court may require the offender
13 to pay all or a portion of the drug rehabilitation program. In order to alle-
14 viate jail overcrowding and to provide recidivist offenders with a reasonable
15 opportunity to seek rehabilitation pursuant to this subsection, counties are
16 encouraged to include provisions to augment licensed drug rehabilitation pro-
17 grams in their substance abuse proposals and applications submitted to the
18 state for federal and state drug abuse funds.
19 (e) Notwithstanding subsection (a), (b) or (c) of this section, or any
20 other provision of law to the contrary, any person who is unlawfully under
21 the influence of cocaine, cocaine base, methamphetamine, heroin, or
22 phencyclidine while in the immediate personal possession of a loaded, operable
23 firearm is guilty of a public offense and is punishable by imprisonment in the
24 county jail or the state prison for not more than one (1) year. As used in
25 this subsection, "immediate possession" includes, but is not limited to, the
26 interior passenger compartment of a motor vehicle.
27 (f) Every person who violates subsection (e) of this section is punish-
28 able upon the second and each subsequent conviction by imprisonment in the
29 state prison for a period of time not in excess of four (4) years.
30 (g) In addition to any fine assessed under this section and notwithstand-
31 ing the provisions of section 19-4705, Idaho Code, the court may, upon convic-
32 tion, assess an additional cost to the defendant in the way of restitution, an
33 amount not to exceed two hundred dollars ($200) to the arresting and/or pros-
34 ecuting agency or entity. These funds shall be remitted to the appropriate
35 fund to offset the expense of toxicology testing.
STATEMENT OF PURPOSE
RS 12904C1
This bill is necessary adjust the schedule of controlled
substances in Idaho to match schedule adjustments by the
federal Drug Enforcement Administration. The proposed
legislation moves the substance Buprenorphine from Schedule V
(Idaho Code 37-2713(b)(1)) to Schedule III, revises Schedule
I to allow specific products containing gamma hydroxybutyric
acid to be placed in other schedules, adds to Schedule III any
drug product containing gamma hydroxybutyric acid, including
its salts, isomers, and salts of isomers, for which an
application is approved under Section 505 of the Federal Food,
Drug, and Cosmetic Act, and provides for penalties for using
or being under the influence of any drug product containing
gamma hydroxybutyric acid, including its salts, isomers, and
salts of isomers, including unauthorized use of such a product
for which an application is approved under Section 505 of the
Federal Food, Drug, and Cosmetic Act.
FISCAL IMPACT
There is no fiscal impact.
CONTACT
Name: R. K. "Mick" Markuson, Director
Agency: Idaho Board of Pharmacy
Phone: (208) 334-2356
Statement of Purpose/Fiscal Impact H 23