H. B. 2168


(By Delegate Border)
[Introduced January 14, 1998; referred to the
Committee on Judiciary.]




A BILL to amend and reenact section two hundred ten, article two,
chapter sixty-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to adding Butorphanol as a schedule IV controlled substance
Be it enacted by the Legislature of West Virginia:
That section two hundred ten, 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-2-210. Schedule IV.

(a) The controlled substances listed in this section are included in Schedule IV.
(b) 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 whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:
(1) Alprazolam;
(2) Barbital;
(3) Bromazepam;
(4) Butorphanol;
(4) (5) Camazepam;
(5) (6) Chloral betaine;
(6) (7) Chloral hydrate;
(7) (8) Chlordiazepoxide;
(8) (9) Clobazam;
(9) (10) Clonazepam;
(10) (11) Clorazepate;
(11) (12) Clotiazepam;
(12) (13) Cloxazolam;
(13) (14) Delorazepam;
(14) (15) Diazepam;
(15) (16) Estazolam;
(16) (17) Ethchlorvynol;
(17) (18) Ethinamate;
(18) (19) Ethylloflazepate;
(19) (20) Fludiazepam;
(20) (21) Flunitrazepam;
(21) (22) Flurazepam;
(22) (23) Halazepam;
(23) (24) Haloxazolam;
(24) (25) Ketazolam;
(25) (26) Loprazolam;
(26) (27) Lorazepam;
(27) (28) Lormetazepam;
(28) (29) Mebutamate;
(29) (30) Medazepam;
(30) (31) Meprobamate;
(31) (32) Methohexital;
(32) (33) Methylphenobarbital (mephobarbital);
(33) (34) Medazolam;
(34) (35) Nimetazepam;
(35) (36) Nitrazepam;
(36) (37) Nordiazepam;
(37) (38) Oxazepam;
(38) (39) Oxazolam;
(39) (40) Paraldehyde
(40) (41) Petrichloral;
(41) (42) Phenobarbital;
(42) (43) Pinazepam;
(43) (44) Prazepam;
(44) (45) Quazepam;
(45) (46) Temazepam;
(46) (47) Tetrazepam;
(47) (48) Triazolam;
(48) (49) Zolpidem.
(c) Any material, compound, mixture or preparation which contains any quantity of the following substance, including its salts, isomers (whether optical, position or geometric) and salts of such isomers whenever the existence of such salts, isomers and salts of isomers is possible: Fenfluramine.
(d) 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 such isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:
(1) Cathine ((+)-norpseudophedrine);
(2) Diethylpropion;
(3) Fencamfamin;
(4) Fenproporex;
(5) Mazindol;
(6) Mefenorex;
(7) Phentermine;
(8) Pemoline (including organometallic complexes and chelates thereof);
(9) Pipradrol;
(10) SPA ((-)-1-dimethylamino-1,2-diphenylethane).
(e) Other substances. -- 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:
(1) Dextropropoxyphene (alpha - (#) - 4 -dimethylamino-1,2 -diphenyl-3-methyl -2 -propionoxybutane);
(2) Not more than 1 milligram of difenoxin and not less than 25 micrograms of antropine sulfate per dosage unit;
(3) Pentazocine.
Amyl nitrite, butyl nitrite, isobutyl nitrite and the other organic nitrites are controlled substances and not product containing these compounds as a significant component shall be possessed, bought or sold other than pursuant to a bona fide prescription or for industrial or manufacturing purposes.


NOTE: The purpose of this bill is to add Butorphanol to the list of Schedule IV controlled substances.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.