Controlled Substances: Scheduling Authorities, Acts, and Schedules

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Controlled Substances: Scheduling Authorities, Acts, and Schedules Research current through November 2, 2015. This project was supported by Grant No. G15599ONDCP03A, awarded by the Office of National Drug Control Policy. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the Office of National Drug Control Policy or the United States Government. 1

State Scheduling Body or Bodies Statutory Authority Alabama State Board of Health Ala.Code 20-2-20 Ala. Code. 20-2-1, et seq. (Act) Ala. Code 20-2-20 to 2-32 (schedules; Schedule I last updated in March 2014 but other schedules are out of date) Alaska Arizona Governor with advice from the Controlled Substance Advisory Committee Legislature and State Board of Pharmacy AS 11.71.120 AS 11.71.100 (make-up of Advisory Committee) Not directly specified by statute, but A.R.S. 36-2521 provides that the Board of Pharmacy may promulgate necessary and reasonable rules relating to the registration and control of the manufacture, distribution and dispensing of controlled substances. Ala. Admin. Code r. Ch. 420-7-2, App. (schedules; last updated February 2015) AS 17.30.20 et seq. (manufacture, distribution, prescription, dispensing) AS 11.71.010, et seq. (criminal offenses and schedules; Schedules IA and IIA last updated in June 2012; Schedules IIIA and IVA last updated in 2011; other schedules last updated in or prior to 2006) A.R.S. 36-2501, et seq. (Act) A.R.S. 36-2511 to 2516 (schedules; last updated July 2015) 2

Arkansas Director of the Department of A.C.A. 5-64-201 Health A.C.A 5-64-101, et seq. (Act; schedules within are out-of-date) California Colorado Connecticut Legislature and State Board of Pharmacy Board of Pharmacy and General Assembly Commissioner of Consumer Protection with advice from the Commissioner of Pharmacy Not directly specified by statute, but Cal.Bus. & Prof.Code 4011 provides that Board of Pharmacy shall administer and enforce the Uniform Controlled Substances Act. C.R.S.A. 18-18-201 AR ADC 007.07.2 (schedules; last updated May 2015) Cal. Health & Safety 11000, et seq. (Act) Cal. Health & Safety 11053-58 (schedules; Schedule II last updated January 2011; all other schedules last updated in or prior to 2009) C.R.S.A. 18-18-101, et seq. (Act) C.R.S.A. 18-18-201 to 18-207 (schedules; Schedule III last updated July 2014; Schedule I last updated June 2012; all other schedules last updated in or prior to 2000) C.G.S.A. 21a-243 C.G.S.A. 21a-240 to 315 (dependency producing drugs) C.G.S.A. 21a-316 to 334 (controlled substance registration) Regs. Conn. State Agencies 21a-243-7 to 243-11 (schedules; Schedules I and II last updated September 2013; all other schedules updated in or prior to 2011) 3

Delaware Secretary of the Department of State 16 Del.C. 4711 16 Del.C. 4701, et seq. (Act) 16 Del.C. 4711-23 (schedules; Schedule I last updated January 2012; all other schedules last updated in or prior to 1999) District of Columbia Mayor of D.C. with provision for public notice and comment DC ST 48-902.01 DC ST 48-901.01, et seq. (Act) DC ST 48-902.01 to 902.14 (schedules; Schedules I-IV last updated June 2013; Schedule V last updated in 2001; these schedules do not appear to be as complete as those in regulations) Florida Attorney General with medical and scientific evaluations from the Departments of Health and Law Enforcement, as well as recommendations as to the classification of the substance F.S.A. 893.035, 893.0355 22-B DCMR 1201 to 1205 (schedules; last updated October 2014) F.S.A. 893.01, et seq. (Act) F.S.A. 893.03 (schedules; last updated May 2015) 4

State Scheduling Body or Bodies Statutory Authority Georgia State Board of Pharmacy Ga. Code Ann. 16-13-22 Ga. Code Ann. 16-13-1, et seq. (Act) Hawaii Legislature with recommendations from the Department of Public Safety; Administrator of the narcotics enforcement division of the Dept. of Public Safety on emergency basis HRS 329-11 Ga. Code Ann. 16-13-22 to 13-29.2 (schedules; Schedules I, III and IV last updated May 2015; Schedule V last updated March 2015; Schedule II last updated in 2010) Ga Comp. R. & Regs. 480-34-.01, et seq. (location of some scheduling actions) HRS 329-1, et seq. (Act) HRS 329-11 to 23 (schedules; Schedules I, III and IV last updated July 2015; Schedule II last updated April 2013; Schedule V last updated in 2010) Idaho Board of Pharmacy I.C. 37-2702 I.C. 37-2701, et seq. (Act) I.C. 37-2702 to 2714 (schedules; Schedules III-IV last updated March 2015; Schedule I last updated July 2014; other schedules last updated in or prior to 2011) 5

State Scheduling Body or Bodies Statutory Authority Illinois Department of Human Services 720 ILCS 570/201 720 ILCS 570/100, et seq. (Act) 720 ILCS 570/201-219 (schedules; changes to Schedule I to take effect in January 2016; all other schedules last updated January 2012) Indiana Iowa General Assembly with recommendations from the Board of Pharmacy; Board may reclassify a substance by rule, and shall recommend the same reclassification to the General Assembly General Assembly with recommendations from the Board of Pharmacy IC 35-48-2-1 & 35-48-2-14 I.C.A. 124.201 77 Ill. Adm. Code T. 77, Ch. X(4), Subch. E, Part 2070, Subparts B-F (scheduled substances listed in individual regulations) IC 35-48-1-2, et seq. (Act) IC 35-48-2-1 to 2-14 (schedules; Schedules II-IV last updated April 2015; Schedules I and V last updated July 2013) I.C.A. 124.101, et seq. (Act) I.C.A. 124.201-213 (schedules; Schedules I, III and IV last updated July 2014; other schedules last updated July 2012) 6

Kansas Legislature, with K.S.A. 65-4102 recommendations from Board of Pharmacy; Board by rule on an emergency basis K.S.A. 65-4101, et seq. (Act) K.S.A. 65-4105 to 4113 (schedules; Schedules I IV last updated April 2015; Schedule V last updated in 2012) Kentucky Cabinet for Health and Family Services KRS 218A.020 K.A.R. 68-20-31 (substance added to Schedule I effective June 2015) KRS 218A.005, et seq. (Act) KRS 218A.030-130 (schedules; Schedule I last updated March 2015; all other schedules last updated in 2005) Louisiana Secretary of the Department of Health and Hospitals LSA-R.S. 40:962 902 Ky. Admin. Regs. 55:015 to 55:035 (additional substances added to controlled substance schedules; Schedule I last updated May 2013; all other schedules last updated in or prior to 2008) LSA-R.S. 40:961, et seq. (Act) LSA-R.S. 40:963-964 (schedules; last updated July 2015) 7

Maine Legislature Not directly specified by statute, but 1975 Comment to 17-A Board of Pharmacy (with respect M.R.S.A. 1102 indicates that to Schedule Z drugs) Legislature established categories. Maryland Department of Health and Mental Hygiene ( Department ) 17-A M.R.S.A. 1102(4) provides that Schedule Z includes all non-prescription drugs (other than those in schedules W, X, or Y) as the Maine Board of Pharmacy shall duly designate. MD Code, Criminal Law, 5-202 17-A M.R.S.A. 1101, et seq. (Act) 17-A M.R.S.A. 1102 (schedules (W-Z) for purposes of defining crimes and determining penalties; last updated July 2015; all prescription drugs not listed in Schedules W-Y are in Schedule Z) MD Code, Criminal Law, 5-101, et seq. (Act) MD Code, Criminal Law, 5-401 to 406 (schedules; Schedule I last updated October 2013; other schedules last updated in or prior to 2003; substances included in the federal schedules are automatically included in the respective Maryland schedule, unless objected to by the Department) 8

State Scheduling Body or Bodies Statutory Authority Massachusetts Commissioner of Public Health M.G.L.A. 94C 2 M.G.L.A. 94C 1, et seq. (Act) M.G.L.A. 94C 31 (classes of drugs, for purposes of establishing criminal penalties; last updated July 2014) Michigan Board of Pharmacy with recommendations from a scientific advisory commission M.C.L.A. 333.7201 & 333.7206 105 CMR 700.002 (schedules; Schedules I V are the same as federal schedules; Schedule VI contains all prescription drugs not in any other schedule) M.C.L.A. 333.7101, et seq. (Act) M.C.L.A. 333.7210-7231 (schedules; Schedules I-II last updated December 2013; Schedule IV last updated October 2010; other schedules last updated in or prior to 2000) Mich. Admin. Code R. 338.3111 to 338.3129 (schedules; subdivided by drug class) Minnesota Board of Pharmacy M.S.A. 152.02 M.S.A. 152.01, et seq. (Act) M.S.A. 152.02 (schedules; last updated July 2015) 9 Minnesota Rules, part 6800.4210 to 4250 (schedules; last updated March 2010)

Mississippi Legislature with recommendations Miss. Code Ann. 41-29-111 from the State Board of Health Miss. Code Ann. 41-29-101, et seq. (Act) Missouri Department of Health and Senior Services V.A.M.S. 195.015 Miss. Code Ann. 41-29-113 to 29-123 (schedules; Schedules I and IV last updated April 2014; Schedules III and V last updated July 2013; Schedule II last updated July 2011 ) V.A.M.S. 195.010, et seq. (Act) V.A.M.S. 195.017 (schedules; last updated August 2011) 19 Mo. Code of State Regulations 30-1.002 (schedules; last updated July 2003) Montana Board of Pharmacy MCA 50-32-103 MCA 50-32-101, et seq. (Act) MCA 50-32-209 to 32-233 (schedules; last updated October 2013) Mont.Admin.R. 24.174.1420 to 24.174.1424 (schedules; last updated September 2015) Nebraska Legislature Not specified in statute Neb.Rev.St. 28-401, et seq. (Act) Neb.Rev.St. 28-405 (schedules; last updated May 2015) 10

Nevada Board of Pharmacy N.R.S. 453.166, 453.176, 453.186, 453.196, 453.206, 453.211 New Hampshire Commissioner of the Department of Health and Human Services ( Department ) N.H. Rev. Stat. 318-B:1-a N.R.S. 453.011, et seq. (Act) NAC 453.510-550 (schedules; Schedule IV last updated August 2015; Schedule I last updated October 2013; other schedules last updated in or prior to 2011) N.H. Rev. Stat. 318-B:1, et seq. (Act) N.H. Rev. Stat. 318-B:1-c (placement of Flunitrazepam into Schedule I) New Jersey Director of the Division of Consumer Affairs in the Department of Law and Public Safety N.J.S.A. 24:21-3 N.H. Code Admin. R. He-C 501.05 (directs that schedules be posted on Department website; as of October 2015, website contains a link to federal schedules along with a note that Flunitrazepam is in Schedule I) N.J.S.A. 24:21-1, et seq. (Act) N.J.S.A. 24:21-4 to 21-8.1 (schedules; last updated January 2008) N.J.A.C. 13:45H 10.1 (schedules; last updated November 2012; regulation explicitly incorporates the federal schedules) 11

New Mexico Board of Pharmacy N. M. S. A. 1978, 30-31-5 N. M. S. A. 1978, 30-31-1, et seq. (Act) N. M. S. A. 1978, 30-31-5 to 31-10 (schedules; schedule I last updated March 2011; other schedules last updated in or prior to 2007) New York North Carolina Legislature and Commissioner of the Department of Health Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services Public Health Law 3308 N.C.G.S.A. 90-88 N.M. Admin. Code 16.19.20 (schedules; Schedules I-III last updated June 2014; Schedule IV last updated September 2014; Schedule V last updated in 2010) Public Health Law 3300, et seq. (Act) Public Health Law 3306 (schedules; last updated October 2015) N.C.G.S.A. 90-86, et seq. (Act) N.C.G.S.A. 90-89 to 94 (schedules; changes to Schedules I and VI take effect in December 2015; Schedules II and III last updated June 2011; other schedules last updated in or prior to 2001) 10A NCAC 26F.0102 to 26F.0107 (additions to schedules) 12

State Scheduling Body or Bodies Statutory Authority North Dakota Board of Pharmacy NDCC, 19-03.1-02 NDCC, 19-03.1-01, et seq. (Act) NDCC, 19-03.1-04 to 03.1-14 (schedules; Schedules I, III and IV last updated March 2015; other schedules last updated in or prior to 2013) NDAC 61-13-01-03 (additions to Schedule I; last updated December 2012) Ohio Board of Pharmacy R.C. 3719.44 R.C. 3719.01, et seq. (Act) R.C. 3719.41 (schedules; last updated July 2014; schedules explicitly incorporate federal schedules) Oklahoma Legislature with recommendations from Board of Pharmacy; Board of Pharmacy may classify new products after notice/hearing. OAC 4729-11-02 to 4729-11-03 (additions to schedules; last updated October 2014) 63 Okl.St.Ann. 2-201 63 Okl.St.Ann. 2-101, et seq. (Act) 63 Okl.St.Ann. 2-202 to 2-212 (schedules; Schedules I, III and IV last updated August 2015; other schedules last updated in or prior to 2014) 13

State Scheduling Body or Bodies Statutory Authority Oregon Board of Pharmacy O.R.S. 475.035 O.R.S. 475.005, et seq. (Act) OAR 855-080-0020 to 28 (Schedule I last updated June 2014; Schedule II last updated January 2015; regulation expressly incorporates the federal schedules) Pennsylvania Secretary of Health 35 P.S. 780-103 35 P.S. 780-101, et seq. (Act) 35 P.S. 780-104 (schedules; last updated July 2013) 28 Pa. Code 25.72, 25.75 (schedules; last updated July 2015) Despite both sets of schedules being updated recently, there are inconsistencies between the schedules in the treatment of some substances. Rhode Island Director of Health Gen.Laws 1956, 21-28-2.01 Gen.Laws 1956, 21-28-1.01, et seq. (Act) Gen.Laws 1956, 21-28-2.02 to 2.10 (schedules; last updated June 2014) 14

South Carolina General Assembly with Code 1976 44-53-160 recommendations from the Department of Health and Environmental Control; Department of Health when General Assembly not in session Code 1976 44-53-110, et seq. (narcotics and controlled substances) Code 1976 44-53-610, et seq. (controlled substances therapeutic research) South Dakota Tennessee Legislature with recommendations from Department of Health Commissioner of Mental Health and Substance Abuse Services with agreement of the Commissioner of Health SDCL 34-20B-27 Code 1976 44-53-170 to 270 (schedules; Schedule I last updated in April 2012; other schedules last updated in or prior to 2000) SDCL 34-20B-1, et seq. (Act) SDCL 34-20B-10 to 26 (schedules; last updated February 2015) T. C. A. 39-17-403 T. C. A. 39-17-401, et seq. (Act) T. C. A. 39-17-405 to 416 (schedules; Schedules I V last updated July 2015; Schedules VI-VII last updated July 2014) Tenn. Comp. R. & Regs. 0940-06-01-.01 to 0940-06-01-.07 (schedules; last updated May 2015) 15

Texas Commissioner of Public Health V.T.C.A., Health & Safety Code with approval of the Board of 481.034 Health V.T.C.A., Health & Safety Code 481.001, et seq. (Act) V.T.C.A., Health & Safety Code 481.032 (schedules; last updated April 2015) V.T.C.A., Health & Safety Code 481.102 to 481.106 (penalty groups; Groups 1-A, 2 and 2-A last updated September 2015; Group 3 last updated in September 2013; other Groups updated in or prior to 2011) Utah Legislature Not specified in statute U.C.A. 1953 58-37-1, et seq. (Act) Vermont Board of Health; emergency rules may be adopted without notice by the Commissioner of Health U.C.A. 1953 58-37-4 to 37-4.2 (schedules; last updated May 2015) 18 V.S.A. 4202 18 V.S.A. 4201, et seq. (regulated drugs) Vt. Admin. Code 12-5-23:I to VIII (list of regulated drugs; latest changes take effect January 2016) Virginia Board of Pharmacy VA Code Ann. 54.1-3443 VA Code Ann. 54.1-3400, et seq. (Act) VA Code Ann. 54.1-3445 to 3456 (schedules; Schedules I, III and IV last updated July 2015; other schedules last updated in or prior to 2012) 16

Washington Pharmacy Quality Assurance RCWA 69.50.201 Commission RCWA 18.64.001 (makeup of commission) RCWA 69.50.101, et seq. (Act) RCWA 69.50.203-213 (schedules; Schedule I last updated July 2015; Schedules III and IV last updated July 2013; other schedules last updated in 2010) West Virginia Legislature with recommendations from the Board of Pharmacy; Board may schedule on an emergency basis between regular legislative sessions WAC 246-887-100 to 246-887-190 (schedules and additions to schedules; not updated as recently as statutory schedules) W. Va. Code, 60A-2-201 W. Va. Code, 60A-1-101, et seq. (Act) W. Va. Code, 60A-2-203 to 2-213 (schedules; Schedules I and III last updated June 2015; other schedules last updated June 2014) Wisconsin Controlled Substances Board W.S.A. 961.11 W.S.A. 961.001, et seq. (Act) W.S.A. 961.12-23 (schedules; Schedule II last updated in April 2015; other schedules last updated in 2014) Wis. Adm. Code s CSB 2.01 to 2.39 (additions to schedules and rescheduling of substances; last change effective April 2015) 17

Wyoming Attorney General as W.S.1977 35-7-1003, 35-7- Commissioner of Drugs and 1005, & 35-7-1011 Substances Control with advice from advisory board on drugs and substances control W.S.1977 35-7-1001, et seq. (Act) W.S.1977 35-7-1011 to 7-1022 (schedules; Schedule I last updated March 2015; other schedules last updated July 2011) 18

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