COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 692
(By Senator Burnette)
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[Originating in the Committee on the Judiciary;
reported February 26, 2002.]
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A BILL to amend and reenact sections two hundred six and two
hundred eight, article two, chapter sixty-a of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, all relating to rescheduling controlled substance
dronabinol from Schedule II to Schedule III; and adding
ketamine to Schedule III to be consistent with federal laws.
Be it enacted by the Legislature of West Virginia:
That sections two hundred six and two hundred eight, article
two, chapter sixty-a of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be amended and reenacted all,
to read as follows:
ARTICLE 2. STANDARDS AND SCHEDULES.
§60A-2-206. Schedule II.
(a) Schedule II shall consist consists of the drugs and other
substances, by whatever official name, common or usual name,
chemical name, or brand name designated, listed in this section.
(b) Substances, vegetable origin or chemical synthesis.--
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:
(1) Opium and opiate, and any salt, compound, derivative or
preparation of opium or opiate excluding apomorphine, thebaine-
derived butorphanol, dextrorphan, nalbuphine, nalmefene, naloxone
and naltrexone, and their respective salts, but including the
following:
(A) Raw opium;
(B) Opium extracts;
(C) Opium fluid;
(D) Powdered opium;
(E) Granulated opium;
(F) Tincture of opium;
(G) Codeine;
(H) Ethylmorphine;
(I) Etorphine hydrochloride;
(J) Hydrocodone;
(K) Hydromorphone;
(L) Metopon;
(M) Morphine;
(N) Oxycodone;
(O) Oxymorphone;
(P) Thebaine;
(2) Any salt, compound, 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 and any salt, compound, derivative or
preparation of coca leaves (including cocaine and ecgonine 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
phenanthrene alkaloids of the opium poppy).
(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) Dihydrocodeine;
(8) Diphenoxylate;
(9) Fentanyl;
(10) Isomethadone;
(11) Levo-alphacetylmethadol; some other names: levo-alpha-
acetylmethadol, levomethadyl acetate, LAAM;
(12) Levomethorphan;
(13) Levorphanol;
(14) Metazocine;
(15) Methadone;
(16) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-
diphenyl butane;
(17) Moramide-Intermediate, 2-methyl-3-morpholino-1,
1-diphenylpropane-carboxylic acid;
(18) Pethidine; (meperidine);
(19) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-
phenylpiperidine;
(20) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-
carboxylate;
(21) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-
carboxylic acid;
(22) Phenazocine;
(23) Piminodine;
(24) Racemethorphan;
(25) Racemorphan;
(26) Remifentanil;
(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 nervous system:
(1) Amphetamine, its salts, optical isomers and salts of its
optical isomers;
(2) Methamphetamine, its salts, isomers and salts of its
isomers;
(3) Methylphenidate;
(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) Glutethimide;
(3) Pentobarbital;
(4) Phencyclidine;
(5) Secobarbital.
(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: (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);
(2) 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].
(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; benzyl
methyl ketone; methyl benzyl ketone;
(2) Immediate precursors to phencyclidine (PCP):
(A) 1-phenylcyclohexylamine;
(B) 1-piperidinocyclohexanecarbonitrile (PCC).
§60A-2-208. Schedule III.
(a) Schedule III shall consist consists of the drugs and other
substances, by whatever official name, common or usual name,
chemical name or brand name designated, listed in this section.
(b) 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 nervous system, including
its salts, isomers (whether optical, position or geometric), and
salts of such isomers whenever the existence of such the salts,
isomers and salts of isomers is possible within the specific
chemical designation:
(1) 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 the twenty-fifth day of August, one thousand nine hundred seventy-one,
as excepted compounds under 21 C.F.R §1308.32, and any other drug
of the quantitative composition shown in that list for those drugs
or which is the same except that it contains a lesser quantity of
controlled substances;
(2) Benzphetamine;
(3) Chlorphentermine;
(4) Clortermine;
(5) Phendimetrazine;
(6) Hydrocodone.
(c) 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:
(1) Any compound, mixture or preparation containing:
(A) Amobarbital;
(B) Secobarbital;
(C) Pentobarbital; or any salt thereof of pentobarbital and
one or more other active medicinal ingredients which are not listed
in any schedule;
(2) Any suppository dosage form containing:
(A) Amobarbital;
(B) Secobarbital;
(C) Pentobarbital; or any salt of any of these drugs and approved by the food and drug administration for marketing only as
a suppository;
(3) Any substance which contains any quantity of a derivative
of barbituric acid or any salt thereof of barbituric acid;
(4) Chlorhexadol;
(5) Lysergic acid;
(6) Lysergic acid amide;
(7) Methyprylon;
(8) Sulfondiethylmethane;
(9) Sulfonethylmethane;
(10) Sulfonmethane;
(11) Tiletamine and zolazepam or any salt thereof of
tiletamine and zolazepam; 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-flurophenyl)-6, 8-dihydro-1, 3, 8-
trimethylpyrazolo-[3,4-e] [1,4]-diazepin-7(1H)-one, flupyrazapon;
(12) Human growth hormones or anabolic steroids.
Ketamine, its salts, isomers and salts of isomers, including
ketamine hydrochloride.
(d) Nalorphine.
(e) Narcotic drugs. -- Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture or preparation containing any of the following narcotic drugs, or
their salts calculated as the free anhydrous base or alkaloid, in
limited quantities as set forth below:
(1) Not more than 1.8 grams of codeine per 100 milliliters and
not more than 90 milligrams per dosage unit, with an equal or
greater quantity of an isoquinoline alkaloid of opium;
(2) 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, nonnarcotic ingredients in recognized therapeutic amounts;
(3) Not more than 300 milligrams of dihydrocodeinone
(hydrocodone) per 100 milliliters or not more than 15 milligrams
per dosage unit, with a fourfold or greater quantity of an
isoquinoline alkaloid of opium;
(4) Not more than 300 milligrams of dihydrocodeinone
(hydrocodone) per 100 milliliters or not more than 15 milligrams
per dosage unit, with one or more active, nonnarcotic ingredients
in recognized therapeutic amounts;
(5) Not more than 1.8 grams of dihydrocodeine per 100
milliliters and not more than 90 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized
therapeutic amounts;
(6) Not more than 300 milligrams of ethylmorphine per 100
milliliters or not more than 15 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(7) 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, nonnarcotic ingredients in recognized
therapeutic amounts;
(8) Not more than 50 milligrams of morphine per 100
milliliters or per 100 grams, with one or more active, nonnarcotic
ingredients in recognized therapeutic amounts.
(f) Anabolic steroids.-- Unless specifically excepted or
unless listed in another schedule, any material, compound, mixture,
or preparation containing any quantity of the following substances
anabolic steroids, including its salts, isomers and salts of
isomers whenever the existence of such the salts of isomers is
possible within the specific chemical designation.
(1) Anabolic steroids.
(g) 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: (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).
NOTE: The purpose of this bill is to reschedule controlled
substance dronabinol from Schedule II to Schedule III and to add ketamine to schedule III.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.