Senate Bill No. 583
(By Senators Humphreys, Dittmar, Wagner, Claypole, Holliday,
Anderson, Minard, Ross and Plymale)
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[Originating in the Committee on the Judiciary;
reported April 2, 1993.]
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A BILL to amend and reenact section two hundred six, article two, chapter sixty-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to correcting the uniform controlled substances act by adding certain controlled substances to Schedule II.

Be it enacted by the Legislature of West Virginia:
That section two hundred six, article two, chapter sixty-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 2. STANDARDS AND SCHEDULES.
§60A-2-206. Schedule II.
(a) The controlled substances listed in this section are included in Schedule II.
(b) Unless specifically excepted or unless listed in another schedule, any of the following substances whether produced directly or indirectly by extraction from substances of vegetableorigin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
(1) Opium and opiate, and any salt, compound, derivative or preparation of opium or opiate excluding nalorphine, nalmefene, naloxone and naltrexone and their respective salts, but including the following:
(A) Raw opium;
(B) Opium extracts;
(C) Opium fluid extracts;
(D) Powdered opium;
(E) Granulated opium;
(F) Tincture of opium;
(G) Codeine;
(H) Ethylmorphine;
(I) Ethrophine HCL;
(J) Hydrocodone;
(K) Hydromorphone;
(L) Metopon;
(M) Morphine;
(N) Oxycodone;
(O) Oxymorphone; and
(P) Thebaine;
(2) Any salt, compound, isomer derivative or preparation thereof which is chemically equivalent or identical with any of the substances referred to in subdivision (1) of this subsection, except that these substances shall not include the isoquinoline alkaloids of opium;
(3) Opium poppy and poppy straw;
(4) Coca leaves (9040) and any salt, compound, derivative or preparation of coca leaves (including cocaine 9041) and ecgonine (9180) and their salts, isomers, derivatives (and salts of isomers and derivatives), and any salt, compound, derivative or preparation thereof which is chemically equivalent or identical with any of these substances, except that the substances shall not include decocainized coca leaves or extractions of coca leaves, which extractions do not contain cocaine or ecgonine;
(5) Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid or powder form which contains the phenanthrine alkaloids of the opium poppy), 9670.
(c) Opiates. -- Unless specifically excepted or unless in another schedule, any of the following opiates, including its isomers, esters, ethers, salts and salts of isomers, esters and ethers whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation, dextrorphan and levopropoxyphene excepted:
(1) Alfentanil;
(2) Alphaprodine;
(3) Anileridine;
(4) Bezitramide;
(5) Bulk dextropropoxyphene (nondosage forms);
(6) Carfentanil;
(7) Dextrorphan-excepted;
(8) Dihydrocodeine;
(9) Diphenoxylate;
(10) Fentanyl;
(11) Isomethadone;
(12) Levomethorphan;
(13) Levopropoxyphene-excepted;
(14) Levorphanol;
(15) Metazocine;
(16) Methadone;
(17) Methadone-Intermediate,
4-cyano-2-dimethylamino-4, 4-diphenyl butane;
(18) Moramide-Intermediate, 2-methyl-3-morpholino-1,
1-diphenyl-propane-carboxylic acid;
(19) Pethidine; (meperidine);
(20) Pethidine-Intermediate-A,
4-cyano-1-methyl-4-phenylpiperidine;
(21) Pethidine-Intermediate-B,
ethyl-4-phenylpiperidine-ethyl-4-phenylpiper-idin-4-carboxylate;
(22) Pethidine-Intermediate-C,
1-methyl-4-phenylpiperidine-4-carboxylic acid;
(23) Phenazocine;
(24) Piminodine;
(25) Racemethorphan;
(26) Racemorphan; and
(27) Sufentanil.
(d) Stimulants. -- 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 nervoussystem:
(1) Amphetamine, its salts, optical isomers and salts of its optical isomers;
(2) Methamphetamine, its salts, isomers and salts of isomers;
(3) Methylphenidate; and
(4) Phenmetrazine and its salts.
(e) Depressants. -- 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 whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:
(1) Amobarbital;
(2) Methaqualone;
(3) Secobarbital;
(4) Pentobarbital; and
(5) Phencyclidine.
(f) Hallucinogenic substances:
(1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a United States food and drug administration approved drug product. (Some other names for dronabinol: (6aRtrans)-6a, 7, 8, 10a-tetrahydro-6, 6, 9- trimethyl-3-pentyl-6H-dibenzo 9b,d) pyran-1-od or (-) delta-9- (trans)-tetrahydrocanna-bonil); and
(2) Nabilone: THC-like antiemetic/cancer chemotherapy.
(g) Immediate precursors. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances:
(1) Immediate precursor to amphetamine and methamphetamine:
(A) Phenylacetone;
Some trade or other names: Phenyl-2-propanone; P2P; benzylymethyl ketone; methyl benzyl ketone;
(2) Immediate precursors to phencyclidine (PCP):
(A) 1-phenylcyclohexylamine;
(B) 1-piperidinocyclohexanecarbonitrile (PCC).

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(NOTE: The purpose of the bill is to add certain controlled substances to Schedule II which were left out when the statute was printed, which are: Hydrocodone, dextrorphan-excepted, levopropoxyphene-excepted and methaqualone.)