Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 442 Second Substitute (2022GS)

Sponsor

Rep. Gwynn, M.

Final action

Governor Signed 3/22/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies the definition of "marijuana";
• modifies the description of "tetrahydrocannabinols"; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

MARIJUANA DEFINITIONS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matthew H. Gwynn
Senate Sponsor: 
Evan J. Vickers
LONG TITLE
General Description:
This bill concerns marijuana and tetrahydrocannabinols.
Highlighted Provisions:
This bill:
▸ modifies the definition of "marijuana";
▸ modifies the description of "tetrahydrocannabinols"; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-37-2
, as last amended by Laws of Utah 2020, Chapter 12
58-37-4
, as last amended by Laws of Utah 2020, Chapter 12
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-37-2
 is amended to read:
58-37-2.
Definitions.
(1) As used in this chapter:
(a) "Administer" means the direct application of a controlled substance, whether by
injection, inhalation, ingestion, or any other means, to the body of a patient or research subject
by:
(i) a practitioner or, in the practitioner's presence, by the practitioner's authorized agent;
or
(ii) the patient or research subject at the direction and in the presence of the
practitioner.
(b) "Agent" means an authorized person who acts on behalf of or at the direction of a
manufacturer, distributor, or practitioner but does not include a motor carrier, public
warehouseman, or employee of any of them.
(c) "Consumption" means ingesting or having any measurable amount of a controlled
substance in a person's body, but this Subsection (1)(c) does not include the metabolite of a
controlled substance.
(d) "Continuing criminal enterprise" means any individual, sole proprietorship,
partnership, corporation, business trust, association, or other legal entity, and any union or
groups of individuals associated in fact although not a legal entity, and includes illicit as well
as licit entities created or maintained for the purpose of engaging in conduct which constitutes
the commission of episodes of activity made unlawful by [
Title 58,
] Chapter 37, Utah
Controlled Substances Act, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 37b, Imitation
Controlled Substances Act, Chapter 37c, Utah Controlled Substance Precursor Act, or Chapter
37d, Clandestine Drug Lab Act, which episodes are not isolated, but have the same or similar
purposes, results, participants, victims, methods of commission, or otherwise are interrelated
by distinguishing characteristics. Taken together, the episodes shall demonstrate continuing
unlawful conduct and be related either to each other or to the enterprise.
(e) "Control" means to add, remove, or change the placement of a drug, substance, or
immediate precursor under Section 
58-37-3
.
(f) (i) "Controlled substance" means a drug or substance:
(A) included in Schedules I, II, III, IV, or V of Section 
58-37-4
;
(B) included in Schedules I, II, III, IV, or V of the federal Controlled Substances Act,
Title II, P.L. 91-513;
(C) that is a controlled substance analog; or
(D) listed in Section 
58-37-4.2
.
(ii) "Controlled substance" does not include:
(A) distilled spirits, wine, or malt beverages, as those terms are defined in Title 32B,
Alcoholic Beverage Control Act;
(B) any drug intended for lawful use in the diagnosis, cure, mitigation, treatment, or
prevention of disease in human or other animals, which contains ephedrine, pseudoephedrine,
norpseudoephedrine, or phenylpropanolamine if the drug is lawfully purchased, sold,
transferred, or furnished as an over-the-counter medication without prescription; or
(C) dietary supplements, vitamins, minerals, herbs, or other similar substances
including concentrates or extracts, which:
(I) are not otherwise regulated by law; and
(II) may contain naturally occurring amounts of chemical or substances listed in this
chapter, or in rules adopted pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking
Act.
(g) (i) "Controlled substance analog" means:
(A) a substance the chemical structure of which is substantially similar to the chemical
structure of a controlled substance listed in Schedules I and II of Section 
58-37-4
, a substance
listed in Section 
58-37-4.2
, or in Schedules I and II of the federal Controlled Substances Act,
Title II, P.L. 91-513;
(B) a substance which has a stimulant, depressant, or hallucinogenic effect on the
central nervous system substantially similar to the stimulant, depressant, or hallucinogenic
effect on the central nervous system of controlled substances listed in Schedules I and II of
Section 
58-37-4
, substances listed in Section 
58-37-4.2
, or substances listed in Schedules I and
II of the federal Controlled Substances Act, Title II, P.L. 91-513; or
(C) A substance which, with respect to a particular individual, is represented or
intended to have a stimulant, depressant, or hallucinogenic effect on the central nervous system
substantially similar to the stimulant, depressant, or hallucinogenic effect on the central
nervous system of controlled substances listed in Schedules I and II of Section 
58-37-4
,
substances listed in Section 
58-37-4.2
, or substances listed in Schedules I and II of the federal
Controlled Substances Act, Title II, P.L. 91-513.
(ii) "Controlled substance analog" does not include:
(A) a controlled substance currently scheduled in Schedules I through V of Section
58-37-4
;
(B) a substance for which there is an approved new drug application;
(C) a substance with respect to which an exemption is in effect for investigational use
by a particular person under Section 505 of the Food, Drug, and Cosmetic Act, 21 U.S.C. 355,
to the extent the conduct with respect to the substance is permitted by the exemption;
(D) any substance to the extent not intended for human consumption before an
exemption takes effect with respect to the substance;
(E) any drug intended for lawful use in the diagnosis, cure, mitigation, treatment, or
prevention of disease in man or other animals, which contains ephedrine, pseudoephedrine,
norpseudoephedrine, or phenylpropanolamine if the drug is lawfully purchased, sold,
transferred, or furnished as an over-the-counter medication without prescription; or
(F) dietary supplements, vitamins, minerals, herbs, or other similar substances
including concentrates or extracts, which are not otherwise regulated by law, which may
contain naturally occurring amounts of chemical or substances listed in this chapter, or in rules
adopted pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(h) (i) "Conviction" means a determination of guilt by verdict, whether jury or bench,
or plea, whether guilty or no contest, for any offense proscribed by:
(A) Chapter 37, Utah Controlled Substances Act;
(B) Chapter 37a, Utah Drug Paraphernalia Act;
(C) Chapter 37b, Imitation Controlled Substances Act;
(D) Chapter 37c, Utah Controlled Substance Precursor Act; or
(E) Chapter 37d, Clandestine Drug Lab Act; or
(ii) for any offense under the laws of the United States and any other state which, if
committed in this state, would be an offense under:
(A) Chapter 37, Utah Controlled Substances Act;
(B) Chapter 37a, Utah Drug Paraphernalia Act;
(C) Chapter 37b, Imitation Controlled Substances Act;
(D) Chapter 37c, Utah Controlled Substance Precursor Act; or
(E) Chapter 37d, Clandestine Drug Lab Act.
(i) "Counterfeit substance" means:
(i) any controlled substance or container or labeling of any controlled substance that:
(A) without authorization bears the trademark, trade name, or other identifying mark,
imprint, number, device, or any likeness of them, of a manufacturer, distributor, or dispenser
other than the person or persons who in fact manufactured, distributed, or dispensed the
substance which falsely purports to be a controlled substance distributed by any other
manufacturer, distributor, or dispenser; and
(B) a reasonable person would believe to be a controlled substance distributed by an
authorized manufacturer, distributor, or dispenser based on the appearance of the substance as
described under Subsection (1)(i)(i)(A) or the appearance of the container of that controlled
substance; or
(ii) any substance other than under Subsection (1)(i)(i) that:
(A) is falsely represented to be any legally or illegally manufactured controlled
substance; and
(B) a reasonable person would believe to be a legal or illegal controlled substance.
(j) "Deliver" or "delivery" means the actual, constructive, or attempted transfer of a
controlled substance or a listed chemical, whether or not an agency relationship exists.
(k) "Department" means the Department of Commerce.
(l) "Depressant or stimulant substance" means:
(i) a drug which contains any quantity of barbituric acid or any of the salts of barbituric
acid;
(ii) a drug which contains any quantity of:
(A) amphetamine or any of its optical isomers;
(B) any salt of amphetamine or any salt of an optical isomer of amphetamine; or
(C) any substance which the Secretary of Health and Human Services or the Attorney
General of the United States after investigation has found and by regulation designated
habit-forming because of its stimulant effect on the central nervous system;
(iii) lysergic acid diethylamide; or
(iv) any drug which contains any quantity of a substance which the Secretary of Health
and Human Services or the Attorney General of the United States after investigation has found
to have, and by regulation designated as having, a potential for abuse because of its depressant
or stimulant effect on the central nervous system or its hallucinogenic effect.
(m) "Dispense" means the delivery of a controlled substance by a pharmacist to an
ultimate user pursuant to the lawful order or prescription of a practitioner, and includes
distributing to, leaving with, giving away, or disposing of that substance as well as the
packaging, labeling, or compounding necessary to prepare the substance for delivery.
(n) "Dispenser" means a pharmacist who dispenses a controlled substance.
(o) "Distribute" means to deliver other than by administering or dispensing a controlled
substance or a listed chemical.
(p) "Distributor" means a person who distributes controlled substances.
(q) "Division" means the Division of Occupational and Professional Licensing created
in Section 
58-1-103
.
(r) (i) "Drug" means:
(A) a substance recognized in the official United States Pharmacopoeia, Official
Homeopathic Pharmacopoeia of the United States, or Official National Formulary, or any
supplement to any of them, intended for use in the diagnosis, cure, mitigation, treatment, or
prevention of disease in humans or animals;
(B) a substance that is required by any applicable federal or state law or rule to be
dispensed by prescription only or is restricted to administration by practitioners only;
(C) a substance other than food intended to affect the structure or any function of the
body of humans or other animals; and
(D) substances intended for use as a component of any substance specified in
Subsections (1)(r)(i)(A), (B), and (C).
(ii) "Drug" does not include dietary supplements.
(s) "Drug dependent person" means any individual who unlawfully and habitually uses
any controlled substance to endanger the public morals, health, safety, or welfare, or who is so
dependent upon the use of controlled substances as to have lost the power of self-control with
reference to the individual's dependency.
(t) "Food" means:
(i) any nutrient or substance of plant, mineral, or animal origin other than a drug as
specified in this chapter, and normally ingested by human beings; and
(ii) foods for special dietary uses as exist by reason of a physical, physiological,
pathological, or other condition including but not limited to the conditions of disease,
convalescence, pregnancy, lactation, allergy, hypersensitivity to food, underweight, and
overweight; uses for supplying a particular dietary need which exist by reason of age including
but not limited to the ages of infancy and childbirth, and also uses for supplementing and for
fortifying the ordinary or unusual diet with any vitamin, mineral, or other dietary property for
use of a food. Any particular use of a food is a special dietary use regardless of the nutritional
purposes.
(u) "Immediate precursor" means a substance which the Attorney General of the United
States has found to be, and by regulation designated as being, the principal compound used or
produced primarily for use in the manufacture of a controlled substance, or which is an
immediate chemical intermediary used or likely to be used in the manufacture of a controlled
substance, the control of which is necessary to prevent, curtail, or limit the manufacture of the
controlled substance.
(v) "Indian" means a member of an Indian tribe.
(w) "Indian religion" means any religion:
(i) the origin and interpretation of which is from within a traditional Indian culture or
community; and
(ii) which is practiced by Indians.
(x) "Indian tribe" means any tribe, band, nation, pueblo, or other organized group or
community of Indians, including any Alaska Native village, which is legally recognized as
eligible for and is consistent with the special programs, services, and entitlements provided by
the United States to Indians because of their status as Indians.
(y) "Manufacture" means the production, preparation, propagation, compounding, or
processing of a controlled substance, either directly or indirectly by extraction from substances
of natural origin, or independently by means of chemical synthesis or by a combination of
extraction and chemical synthesis.
(z) "Manufacturer" includes any person who packages, repackages, or labels any
container of any controlled substance, except pharmacists who dispense or compound
prescription orders for delivery to the ultimate consumer.
(aa) (i) "Marijuana" means all species of the genus cannabis and all parts of the genus,
whether growing or not, including:
(A) seeds;
(B) resin extracted from any part of the plant, including the resin extracted from the
mature stalks;
(C) every compound, manufacture, salt, derivative, mixture, or preparation of the plant,
seeds, or resin; [
and
]
(D) any synthetic equivalents of the substances contained in the plant cannabis sativa
or any other species of the genus cannabis which are chemically indistinguishable and
pharmacologically active[
.
]
; and
(E) any component part or cannabinoid extracted or isolated from the plant, including
extracted or isolated tetrahydrocannabinols.
(ii) "Marijuana" does not include:
(A) the mature stalks of the plant;
(B) fiber produced from the stalks;
(C) oil or cake made from the seeds of the plant;
(D) except as provided in Subsection (1)(aa)(i), any other compound, manufacture,
salt, derivative, mixture, or preparation of the mature stalks, fiber, oil or cake;
(E) the sterilized seed of the plant which is incapable of germination; or
(F) any compound, mixture, or preparation approved by the federal Food and Drug
Administration under the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.
that is not listed in a schedule of controlled substances in Section 
58-27-4
 or in the federal
Controlled Substances Act, Title II, P.L. 91-513.
(bb) "Money" means officially issued coin and currency of the United States or any
foreign country.
(cc) "Narcotic drug" means any of the following, whether produced directly or
indirectly by extraction from substances of vegetable origin, or independently by means of
chemical synthesis, or by a combination of extraction and chemical synthesis:
(i) opium, coca leaves, and opiates;
(ii) a compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or
opiates;
(iii) opium poppy and poppy straw; or
(iv) a substance, and any compound, manufacture, salt, derivative, or preparation of the
substance, which is chemically identical with any of the substances referred to in Subsection
(1)(cc)(i), (ii), or (iii), except narcotic drug does not include decocainized coca leaves or
extracts of coca leaves which do not contain cocaine or ecgonine.
(dd) "Negotiable instrument" means documents, containing an unconditional promise
to pay a sum of money, which are legally transferable to another party by endorsement or
delivery.
(ee) "Opiate" means any drug or other 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.
(ff) "Opium poppy" means the plant of the species papaver somniferum L., except the
seeds of the plant.
(gg) "Person" means any corporation, association, partnership, trust, other institution or
entity or one or more individuals.
(hh) "Poppy straw" means all parts, except the seeds, of the opium poppy, after
mowing.
(ii) "Possession" or "use" means the joint or individual ownership, control, occupancy,
holding, retaining, belonging, maintaining, or the application, inhalation, swallowing, injection,
or consumption, as distinguished from distribution, of controlled substances and includes
individual, joint, or group possession or use of controlled substances. For a person to be a
possessor or user of a controlled substance, it is not required that the person be shown to have
individually possessed, used, or controlled the substance, but it is sufficient if it is shown that
the person jointly participated with one or more persons in the use, possession, or control of
any substances with knowledge that the activity was occurring, or the controlled substance is
found in a place or under circumstances indicating that the person had the ability and the intent
to exercise dominion and control over it.
(jj) "Practitioner" means a physician, dentist, naturopathic physician, veterinarian,
pharmacist, scientific investigator, pharmacy, hospital, or other person licensed, registered, or
otherwise permitted to distribute, dispense, conduct research with respect to, administer, or use
in teaching or chemical analysis a controlled substance in the course of professional practice or
research in this state.
(kk) "Prescribe" means to issue a prescription:
(i) orally or in writing; or
(ii) by telephone, facsimile transmission, computer, or other electronic means of
communication as defined by division rule.
(ll) "Prescription" means an order issued:
(i) by a licensed practitioner, in the course of that practitioner's professional practice or
by collaborative pharmacy practice agreement; and
(ii) for a controlled substance or other prescription drug or device for use by a patient
or an animal.
(mm) "Production" means the manufacture, planting, cultivation, growing, or
harvesting of a controlled substance.
(nn) "Securities" means any stocks, bonds, notes, or other evidences of debt or of
property.
(oo) "State" means the state of Utah.
(pp) "Ultimate user" means any person who lawfully possesses a controlled substance
for the person's own use, for the use of a member of the person's household, or for
administration to an animal owned by the person or a member of the person's household.
(2) If a term used in this chapter is not defined, the definition and terms of Title 76,
Utah Criminal Code, shall apply.
Section 2. Section 
58-37-4
 is amended to read:
58-37-4.
Schedules of controlled substances -- Schedules I through V -- Findings
required -- Specific substances included in schedules.
(1) There are established five schedules of controlled substances known as Schedules I,
II, III, IV, and V which consist of substances listed in this section.
(2) Schedules I, II, III, IV, and V consist of the following drugs or other substances by
the official name, common or usual name, chemical name, or brand name designated:
(a) Schedule I:
(i) Unless specifically excepted or unless listed in another schedule, any of the
following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and
ethers, when the existence of the isomers, esters, ethers, and salts is possible within the specific
chemical designation:
(A) Acetyl-alpha-methylfentanyl
(N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);
(B) Acetyl fentanyl: (N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide);
(C) Acetylmethadol;
(D) Acryl fentanyl (N-(1-Phenethylpiperidin-4-yl)-N-phenylacrylamide);
(E) Allylprodine;
(F) Alphacetylmethadol, except levo-alphacetylmethadol also known as
levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM;
(G) Alphameprodine;
(H) Alphamethadol;
(I) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl]
propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);
(J) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-
piperidinyl]-N-phenylpropanamide);
(K) Benzylpiperazine;
(L) Benzethidine;
(M) Betacetylmethadol;
(N) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-
piperidinyl]-N-phenylpropanamide);
(O) Beta-hydroxy-3-methylfentanyl, other name: N-[1-(2-hydroxy-2-
phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide;
(P) Betameprodine;
(Q) Betamethadol;
(R) Betaprodine;
(S) Butyryl fentanyl (N-(1-(2-phenylethyl)-4-piperidinyl)-N-phenylbutyramide);
(T) Clonitazene;
(U) Cyclopropyl fentanyl
(N-(1-Phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide);
(V) Dextromoramide;
(W) Diampromide;
(X) Diethylthiambutene;
(Y) Difenoxin;
(Z) Dimenoxadol;
(AA) Dimepheptanol;
(BB) Dimethylthiambutene;
(CC) Dioxaphetyl butyrate;
(DD) Dipipanone;
(EE) Ethylmethylthiambutene;
(FF) Etizolam 
(1-Methyl-6-o-chlorophenyl-8-ethyl-4H-s-triazolo[3,4-c]thieno[2,3-e]1,4-diazepine);
(GG) Etonitazene;
(HH) Etoxeridine;
(II) Furanyl fentanyl (N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]
furan-2-carboxamide);
(JJ) Furethidine;
(KK) Hydroxypethidine;
(LL) Ketobemidone;
(MM) Levomoramide;
(NN) Levophenacylmorphan;
(OO) Methoxyacetyl fentanyl
(2-Methoxy-N-(1-phenylethylpiperidinyl-4-yl)-N-acetamide);
(PP) Morpheridine;
(QQ) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
(RR) Noracymethadol;
(SS) Norlevorphanol;
(TT) Normethadone;
(UU) Norpipanone;
(VV) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4- piperidinyl]
propanamide);
(WW) Para-fluoroisobutyryl fentanyl
(N-(4-Fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide);
(XX) PEPAP (1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(YY) Phenadoxone;
(ZZ) Phenampromide;
(AAA) Phenomorphan;
(BBB) Phenoperidine;
(CCC) Piritramide;
(DDD) Proheptazine;
(EEE) Properidine;
(FFF) Propiram;
(GGG) Racemoramide;
(HHH) Tetrahydrofuran fentanyl
(N-(1-Phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide);
(III) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]- propanamide;
(JJJ) Tilidine;
(KKK) Trimeperidine;
(LLL) 3-methylfentanyl, including the optical and geometric isomers
(N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]- N-phenylpropanamide);
(MMM) 3-methylthiofentanyl
(N-[(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
(NNN) 3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide also
known as U-47700; and
(OOO) 4-cyano CUMYL-BUTINACA.
(ii) Unless specifically excepted or unless listed in another schedule, any of the
following opium derivatives, their salts, isomers, and salts of isomers when the existence of the
salts, isomers, and salts of isomers is possible within the specific chemical designation:
(A) Acetorphine;
(B) Acetyldihydrocodeine;
(C) Benzylmorphine;
(D) Codeine methylbromide;
(E) Codeine-N-Oxide;
(F) Cyprenorphine;
(G) Desomorphine;
(H) Dihydromorphine;
(I) Drotebanol;
(J) Etorphine (except hydrochloride salt);
(K) Heroin;
(L) Hydromorphinol;
(M) Methyldesorphine;
(N) Methylhydromorphine;
(O) Morphine methylbromide;
(P) Morphine methylsulfonate;
(Q) Morphine-N-Oxide;
(R) Myrophine;
(S) Nicocodeine;
(T) Nicomorphine;
(U) Normorphine;
(V) Pholcodine; and
(W) Thebacon.
(iii) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following hallucinogenic
substances, or which contains any of their salts, isomers, and salts of isomers when the
existence of the salts, isomers, and salts of isomers is possible within the specific chemical
designation; as used in this Subsection (2)(a)(iii) only, "isomer" includes the optical, position,
and geometric isomers:
(A) Alpha-ethyltryptamine, some trade or other names: etryptamine; Monase;
α-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; α-ET; and AET;
(B) 4-bromo-2,5-dimethoxy-amphetamine, some trade or other names:
4-bromo-2,5-dimethoxy-α-methylphenethylamine; 4-bromo-2,5-DMA;
(C) 4-bromo-2,5-dimethoxyphenethylamine, some trade or other names:
2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB; 2C-B, Nexus;
(D) 2,5-dimethoxyamphetamine, some trade or other names:
2,5-dimethoxy-α-methylphenethylamine; 2,5-DMA;
(E) 2,5-dimethoxy-4-ethylamphetamine, some trade or other names: DOET;
(F) 4-methoxyamphetamine, some trade or other names:
4-methoxy-α-methylphenethylamine; paramethoxyamphetamine, PMA;
(G) 5-methoxy-3,4-methylenedioxyamphetamine;
(H) 4-methyl-2,5-dimethoxy-amphetamine, some trade and other names:
4-methyl-2,5-dimethoxy-α-methylphenethylamine; "DOM"; and "STP";
(I) 3,4-methylenedioxy amphetamine;
(J) 3,4-methylenedioxymethamphetamine (MDMA);
(K) 3,4-methylenedioxy-N-ethylamphetamine, also known as N-ethyl-
alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl MDA, MDE, MDEA;
(L) N-hydroxy-3,4-methylenedioxyamphetamine, also known as
N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine, and N-hydroxy MDA;
(M) 3,4,5-trimethoxy amphetamine;
(N) Bufotenine, some trade and other names:
3-(β-Dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)-5-indolol; N,
N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine;
(O) Diethyltryptamine, some trade and other names: N,N-Diethyltryptamine; DET;
(P) Dimethyltryptamine, some trade or other names: DMT;
(Q) Ibogaine, some trade and other names:
7-Ethyl-6,6β,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;
(R) Lysergic acid diethylamide;
(S) Marijuana;
(T) Mescaline;
(U) 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;
(V) Peyote, meaning all parts of the plant presently classified botanically as
Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any extract from
any part of such plant, and every compound, manufacture, salts, derivative, mixture, or
preparation of such plant, its seeds or extracts (Interprets 21 USC 812(c), Schedule I(c) (12));
(W) N-ethyl-3-piperidyl benzilate;
(X) N-methyl-3-piperidyl benzilate;
(Y) Psilocybin;
(Z) Psilocyn;
(AA) Tetrahydrocannabinols, naturally contained in a plant of the genus Cannabis
(cannabis plant), 
except for marijuana as defined in Subsection 
58-37-2
(1)(aa)(i)(E),
 as well as
synthetic equivalents of the substances contained in the cannabis plant, or in the resinous
extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with
similar chemical structure and pharmacological activity to those substances contained in the
plant, such as the following: Δ1 cis or trans tetrahydrocannabinol, and their optical isomers Δ6
cis or trans tetrahydrocannabinol, and their optical isomers Δ3,4 cis or trans
tetrahydrocannabinol, and its optical isomers, and since nomenclature of these substances is not
internationally standardized, compounds of these structures, regardless of numerical
designation of atomic positions covered;
(BB) Ethylamine analog of phencyclidine, some trade or other names:
N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl)ethylamine,
N-(1-phenylcyclohexyl)ethylamine, cyclohexamine, PCE;
(CC) Pyrrolidine analog of phencyclidine, some trade or other names:
1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP;
(DD) Thiophene analog of phencyclidine, some trade or other names:
1-[1-(2-thienyl)-cyclohexyl]-piperidine, 2-thienylanalog of phencyclidine, TPCP, TCP; and
(EE) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine, some other names: TCPy.
(iv) Unless specifically excepted or unless listed in another schedule, any material
compound, mixture, or preparation which contains any quantity of the following substances
having a depressant effect on the central nervous system, including its salts, isomers, and salts
of isomers when the existence of the salts, isomers, and salts of isomers is possible within the
specific chemical designation:
(A) Mecloqualone; and
(B) Methaqualone.
(v) Any material, compound, mixture, or preparation containing any quantity of the
following substances having a stimulant effect on the central nervous system, including their
salts, isomers, and salts of isomers:
(A) Aminorex, some other names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; or
4,5-dihydro-5-phenyl-2-oxazolamine;
(B) Cathinone, some trade or other names: 2-amino-1-phenyl-1-propanone,
alpha-aminopropiophenone, 2-aminopropiophenone, and norephedrone;
(C) Fenethylline;
(D) Methcathinone, some other names: 2-(methylamino)-propiophenone;
alpha-(methylamino)propiophenone; 2-(methylamino)-1-phenylpropan-1-one;
alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone; N-methylcathinone;
methylcathinone; AL-464; AL-422; AL-463 and UR1432, its salts, optical isomers, and salts of
optical isomers;
(E) (±)cis-4-methylaminorex ((±)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);
(F) N-ethylamphetamine; and
(G) N,N-dimethylamphetamine, also known as
N,N-alpha-trimethyl-benzeneethanamine; N,N-alpha-trimethylphenethylamine.
(vi) Any material, compound, mixture, or preparation which contains any quantity of
the following substances, including their optical isomers, salts, and salts of isomers, subject to
temporary emergency scheduling:
(A) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl); and
(B) N-[1- (2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl).
(vii) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of gamma hydroxy butyrate
(gamma hydrobutyric acid), including its salts, isomers, and salts of isomers.
(b) Schedule II:
(i) Unless specifically excepted or unless listed in another schedule, any of the
following substances whether produced directly or indirectly by extraction from substances of
vegetable origin, or independently by means of chemical synthesis, or by a combination of
extraction and chemical synthesis:
(A) Opium and opiate, and any salt, compound, derivative, or preparation of opium or
opiate, excluding apomorphine, dextrorphan, nalbuphine, nalmefene, naloxone, and naltrexone,
and their respective salts, but including:
(I) Raw opium;
(II) Opium extracts;
(III) Opium fluid;
(IV) Powdered opium;
(V) Granulated opium;
(VI) Tincture of opium;
(VII) Codeine;
(VIII) Ethylmorphine;
(IX) Etorphine hydrochloride;
(X) Hydrocodone;
(XI) Hydromorphone;
(XII) Metopon;
(XIII) Morphine;
(XIV) Oxycodone;
(XV) Oxymorphone; and
(XVI) Thebaine;
(B) Any salt, compound, derivative, or preparation which is chemically equivalent or
identical with any of the substances referred to in Subsection (2)(b)(i)(A), except that these
substances may not include the isoquinoline alkaloids of opium;
(C) Opium poppy and poppy straw;
(D) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and
any salt, compound, derivative, or preparation which is chemically equivalent or identical with
any of these substances, and includes cocaine and ecgonine, their salts, isomers, derivatives,
and salts of isomers and derivatives, whether derived from the coca plant or synthetically
produced, except the substances may not include decocainized coca leaves or extraction of coca
leaves, which extractions do not contain cocaine or ecgonine; and
(E) Concentrate of poppy straw, which means the crude extract of poppy straw in either
liquid, solid, or powder form which contains the phenanthrene alkaloids of the opium poppy.
(ii) Unless specifically excepted or unless listed in another schedule, any of the
following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and
ethers, when the existence of the isomers, esters, ethers, and salts is possible within the specific
chemical designation, except dextrorphan and levopropoxyphene:
(A) Alfentanil;
(B) Alphaprodine;
(C) Anileridine;
(D) Bezitramide;
(E) Bulk dextropropoxyphene (nondosage forms);
(F) Carfentanil;
(G) Dihydrocodeine;
(H) Diphenoxylate;
(I) Fentanyl;
(J) Isomethadone;
(K) Levo-alphacetylmethadol, some other names: levo-alpha-acetylmethadol,
levomethadyl acetate, or LAAM;
(L) Levomethorphan;
(M) Levorphanol;
(N) Metazocine;
(O) Methadone;
(P) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
(Q) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic
acid;
(R) Pethidine (meperidine);
(S) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;
(T) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
(U) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
(V) Phenazocine;
(W) Piminodine;
(X) Racemethorphan;
(Y) Racemorphan;
(Z) Remifentanil; and
(AA) Sufentanil.
(iii) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following substances
having a stimulant effect on the central nervous system:
(A) Amphetamine, its salts, optical isomers, and salts of its optical isomers;
(B) Methamphetamine, its salts, isomers, and salts of its isomers;
(C) Phenmetrazine and its salts; and
(D) Methylphenidate.
(iv) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following substances
having a depressant effect on the central nervous system, including its salts, isomers, and salts
of isomers when the existence of the salts, isomers, and salts of isomers is possible within the
specific chemical designation:
(A) Amobarbital;
(B) Glutethimide;
(C) Pentobarbital;
(D) Phencyclidine;
(E) Phencyclidine immediate precursors: 1-phenylcyclohexylamine and
1-piperidinocyclohexanecarbonitrile (PCC); and
(F) Secobarbital.
(v) (A) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of Phenylacetone.
(B) Some of these substances may be known by trade or other names:
phenyl-2-propanone; P2P; benzyl methyl ketone; and methyl benzyl ketone.
(vi) 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.
(vii) A drug product or preparation that contains any component of marijuana,
including tetrahydrocannabinol, and is approved by the United States Food and Drug
Administration and scheduled by the Drug Enforcement Administration in Schedule II of the
federal Controlled Substances Act, Title II, P.L. 91-513.
(c) Schedule III:
(i) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following substances
having a stimulant effect on the central nervous system, including its salts, isomers whether
optical, position, or geometric, and salts of the isomers when the existence of the salts, isomers,
and salts of isomers is possible within the specific chemical designation:
(A) Those compounds, mixtures, or preparations in dosage unit form containing any
stimulant substances listed in Schedule II, which compounds, mixtures, or preparations were
listed on August 25, 1971, as excepted compounds under Section 1308.32 of Title 21 of the
Code of Federal Regulations, and any other drug of the quantitive composition shown in that
list for those drugs or which is the same except that it contains a lesser quantity of controlled
substances;
(B) Benzphetamine;
(C) Chlorphentermine;
(D) Clortermine; and
(E) Phendimetrazine.
(ii) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following substances
having a depressant effect on the central nervous system:
(A) Any compound, mixture, or preparation containing amobarbital, secobarbital,
pentobarbital, or any salt of any of them, and one or more other active medicinal ingredients
which are not listed in any schedule;
(B) Any suppository dosage form containing amobarbital, secobarbital, or
pentobarbital, or any salt of any of these drugs which is approved by the Food and Drug
Administration for marketing only as a suppository;
(C) Any substance which contains any quantity of a derivative of barbituric acid or any
salt of any of them;
(D) Chlorhexadol;
(E) Buprenorphine;
(F) Any drug product containing gamma hydroxybutyric acid, including its salts,
isomers, and salts of isomers, for which an application is approved under the federal Food,
Drug, and Cosmetic Act, Section 505;
(G) Ketamine, its salts, isomers, and salts of isomers, some other names for ketamine:
± -2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone;
(H) Lysergic acid;
(I) Lysergic acid amide;
(J) Methyprylon;
(K) Sulfondiethylmethane;
(L) Sulfonethylmethane;
(M) Sulfonmethane; and
(N) Tiletamine and zolazepam or any of their salts, 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.
(iii) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a
U.S. 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.
(iv) Nalorphine.
(v) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation containing limited quantities of any of the following
narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid:
(A) 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;
(B) 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 non-narcotic ingredients in recognized
therapeutic amounts;
(C) 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;
(D) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more
than 15 milligrams per dosage unit, with one or more active, non-narcotic ingredients in
recognized therapeutic amounts;
(E) 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 non-narcotic ingredients in recognized
therapeutic amounts;
(F) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more
than 15 milligrams per dosage unit, with one or more active, non-narcotic ingredients in
recognized therapeutic amounts;
(G) 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, non-narcotic ingredients in
recognized therapeutic amounts; and
(H) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with
one or more active, non-narcotic ingredients in recognized therapeutic amounts.
(vi) Unless specifically excepted or unless listed in another schedule, anabolic steroids
including any of the following or any isomer, ester, salt, or derivative of the following that
promotes muscle growth:
(A) Boldenone;
(B) Chlorotestosterone (4-chlortestosterone);
(C) Clostebol;
(D) Dehydrochlormethyltestosterone;
(E) Dihydrotestosterone (4-dihydrotestosterone);
(F) Drostanolone;
(G) Ethylestrenol;
(H) Fluoxymesterone;
(I) Formebulone (formebolone);
(J) Mesterolone;
(K) Methandienone;
(L) Methandranone;
(M) Methandriol;
(N) Methandrostenolone;
(O) Methenolone;
(P) Methyltestosterone;
(Q) Mibolerone;
(R) Nandrolone;
(S) Norethandrolone;
(T) Oxandrolone;
(U) Oxymesterone;
(V) Oxymetholone;
(W) Stanolone;
(X) Stanozolol;
(Y) Testolactone;
(Z) Testosterone; and
(AA) Trenbolone.
(vii) Anabolic steroids expressly intended for administration through implants to cattle
or other nonhuman species, and approved by the Secretary of Health and Human Services for
use, may not be classified as a controlled substance.
(viii) A drug product or preparation that contains any component of marijuana,
including tetrahydrocannabinol, and is approved by the United States Food and Drug
Administration and scheduled by the Drug Enforcement Administration in Schedule III of the
federal Controlled Substances Act, Title II, P.L. 91-513.
(ix) Nabiximols.
(d) Schedule IV:
(i) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation containing not more than 1 milligram of difenoxin and not
less than 25 micrograms of atropine sulfate per dosage unit, or any salts of any of them.
(ii) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following substances,
including its salts, isomers, and salts of isomers when the existence of the salts, isomers, and
salts of isomers is possible within the specific chemical designation:
(A) Alprazolam;
(B) Barbital;
(C) Bromazepam;
(D) Butorphanol;
(E) Camazepam;
(F) Carisoprodol;
(G) Chloral betaine;
(H) Chloral hydrate;
(I) Chlordiazepoxide;
(J) Clobazam;
(K) Clonazepam;
(L) Clorazepate;
(M) Clotiazepam;
(N) Cloxazolam;
(O) Delorazepam;
(P) Diazepam;
(Q) Dichloralphenazone;
(R) Estazolam;
(S) Ethchlorvynol;
(T) Ethinamate;
(U) Ethyl loflazepate;
(V) Fludiazepam;
(W) Flunitrazepam;
(X) Flurazepam;
(Y) Halazepam;
(Z) Haloxazolam;
(AA) Ketazolam;
(BB) Loprazolam;
(CC) Lorazepam;
(DD) Lormetazepam;
(EE) Mebutamate;
(FF) Medazepam;
(GG) Meprobamate;
(HH) Methohexital;
(II) Methylphenobarbital (mephobarbital);
(JJ) Midazolam;
(KK) Nimetazepam;
(LL) Nitrazepam;
(MM) Nordiazepam;
(NN) Oxazepam;
(OO) Oxazolam;
(PP) Paraldehyde;
(QQ) Pentazocine;
(RR) Petrichloral;
(SS) Phenobarbital;
(TT) Pinazepam;
(UU) Prazepam;
(VV) Quazepam;
(WW) Temazepam;
(XX) Tetrazepam;
(YY) Tramadol;
(ZZ) Triazolam;
(AAA) Zaleplon; and
(BBB) Zolpidem.
(iii) Any material, compound, mixture, or preparation of fenfluramine which contains
any quantity of the following substances, including its salts, isomers whether optical, position,
or geometric, and salts of the isomers when the existence of the salts, isomers, and salts of
isomers is possible.
(iv) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following substances
having a stimulant effect on the central nervous system, including its salts, isomers whether
optical, position, or geometric isomers, and salts of the isomers when the existence of the salts,
isomers, and salts of isomers is possible within the specific chemical designation:
(A) Cathine ((+)-norpseudoephedrine);
(B) Diethylpropion;
(C) Fencamfamine;
(D) Fenproprex;
(E) Mazindol;
(F) Mefenorex;
(G) Modafinil;
(H) Pemoline, including organometallic complexes and chelates thereof;
(I) Phentermine;
(J) Pipradrol;
(K) Sibutramine; and
(L) SPA ((-)-1-dimethylamino-1,2-diphenylethane).
(v) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of dextropropoxyphene
(alpha-(+)-4-dimethylamino-1, 2-diphenyl-3-methyl-2-propionoxybutane), including its salts.
(vi) A drug product or preparation that contains any component of marijuana and is
approved by the United States Food and Drug Administration and scheduled by the Drug
Enforcement Administration in Schedule IV of the federal Controlled Substances Act, Title II,
P.L. 91-513.
(e) Schedule V:
(i) Any compound, mixture, or preparation containing any of the following limited
quantities of narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid,
which includes one or more non-narcotic active medicinal ingredients in sufficient proportion
to confer upon the compound, mixture, or preparation valuable medicinal qualities other than
those possessed by the narcotic drug alone:
(A) not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;
(B) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100
grams;
(C) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100
grams;
(D) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of
atropine sulfate per dosage unit;
(E) not more than 100 milligrams of opium per 100 milliliters or per 100 grams;
(F) not more than 0.5 milligram of difenoxin and not less than 25 micrograms of
atropine sulfate per dosage unit; and
(G) unless specifically exempted or excluded or unless listed in another schedule, any
material, compound, mixture, or preparation which contains Pyrovalerone having a stimulant
effect on the central nervous system, including its salts, isomers, and salts of isomers.
(ii) A drug product or preparation that contains any component of marijuana, including
cannabidiol, and is approved by the United States Food and Drug Administration and
scheduled by the Drug Enforcement Administration in Schedule V of the federal Controlled
Substances Act, Title II, P.L. 91-513.