Introduced Version
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Senate Bill No. 11
(By Senators Stollings, Jenkins and Beach)
____________
[Introduced February 13, 2013; referred to the Committee on
Health and Human Resources; and then to the Committee on the
Judiciary.]
____________
A BILL to amend and reenact §60A-1-101
of the Code of West
Virginia, 1931, as amended; and to amend and reenact
§60A-2-204, §60A-2-206, §60A-2-208, §60A-2-210 and §60A-2-212
of said code, all relating generally to schedules of
controlled substances; modifying and including definitions;
and updating West Virginia schedules of controlled substances
to include certain substances found in the federal schedules
of controlled substances.
Be it enacted by the Legislature of West Virginia:
That §60A-1-101 of the Code of West Virginia, 1931, as
amended, be amended and reenacted; and that §60A-2-204, §60A-2-206,
§60A-2-208, §60A-2-210 and §60A-2-212 of said code be amended and
reenacted, all
to read as follows:
ARTICLE 1. DEFINITIONS.
§60A-1-101. Definitions.
As used in this act:
(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:
(1) A practitioner (or, in his or her presence, by his or her
authorized agent); or
(2) 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 dispenser.
It does not include a common or contract carrier, public
warehouseman or employee of the carrier or warehouseman.
(c) "Analogue" means a substance that, in relation to a
controlled substance, has a substantially similar chemical
structure.
(d) "Bureau" means the "Bureau of Narcotics and Dangerous
Drugs, United States Department of Justice" or its successor
agency.
(e) "Controlled substance" means a drug, substance or
immediate precursor in Schedules I through V of article two.
(f) "Counterfeit substance" means a controlled substance which, or the container or labeling of which, without
authorization, bears the trademark, trade name or other identifying
mark, imprint, number or device, or any likeness thereof, of a
manufacturer, distributor or dispenser other than the person who in
fact manufactured, distributed or dispensed the substance.
(g) "Imitation controlled substance" means: (1) A controlled
substance which is falsely represented to be a different controlled
substance; (2) a drug or substance which is not a controlled
substance but which is falsely represented to be a controlled
substance; or (3) a controlled substance or other drug or substance
or a combination thereof which is shaped, sized, colored, marked,
imprinted, numbered, labeled, packaged, distributed or priced so as
to cause a reasonable person to believe that it is a controlled
substance.
(h) "Deliver" or "delivery" means the actual, constructive or
attempted transfer from one person to another of: (1) A controlled
substance, whether or not there is an agency relationship; (2) a
counterfeit substance; or (3) an imitation controlled substance.
(I) "Dispense" means to deliver a controlled substance to an
ultimate user or research subject by or pursuant to the lawful
order of a practitioner, including the prescribing, administering,
packaging, labeling or compounding necessary to prepare the
substance for that delivery.
(j) "Dispenser" means a practitioner who dispenses.
(k) "Distribute" means to deliver, other than by administering
or dispensing, a controlled substance, a counterfeit substance or
an imitation controlled substance.
(l) "Distributor" means a person who distributes.
(m) "Drug" means: (1) Substances recognized as drugs in the
official "United States Pharmacopoeia, official Homeopathic
Pharmacopoeia of the United States or official National Formulary",
or any supplement to any of them; (2) substances intended for use
in the diagnosis, cure, mitigation, treatment or prevention of
disease in man or animals; (3) substances (other than food)
intended to affect the structure or any function of the body of man
or animals; and (4) substances intended for use as a component of
any article specified in clause paragraph (1), (2) or (3) of this
subdivision. It does not include devices or their components,
parts or accessories.
(n) "Immediate derivative" means a substance which the "West
Virginia Board of Pharmacy" has found to be and by rule designates
as being is the principal compound or any analogue of the parent
compound manufactured from a known controlled substance primarily
for use and which has equal or similar pharmacologic activity as
the parent compound which is necessary to prevent, curtail or limit
manufacture.
(o) "Immediate precursor" means a substance which the "West
Virginia Board of Pharmacy" (hereinafter in this act referred to as
the State Board of Pharmacy) has found to be and by rule designates
as being is the principal compound commonly used or produced
primarily for use and 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 manufacture.
(p) "Manufacture" means the production, preparation,
propagation, compounding, conversion or processing of a controlled
substance, either directly or indirectly or by extraction from
substances of natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis, and includes any packaging or repackaging of the
substance or labeling or relabeling of its container, except that
this term does not include the preparation, compounding, packaging
or labeling of a controlled substance:
(1) By a practitioner as an incident to his or her
administering or dispensing of a controlled substance in the course
of his or her professional practice; or
(2) By a practitioner, or by his or her authorized agent under
his or her supervision, for the purpose of, or as an incident to,
research, teaching or chemical analysis and not for sale.
(q) "Marijuana" means all parts of the plant "Cannabis sativa
L.", whether growing or not; the seeds thereof; the resin extracted
from any part of the plant; and every compound, manufacture, salt,
immediate derivative, mixture or preparation of the plant, its
seeds or resin. It does not include the mature stalks of the
plant, fiber produced from the stalks, oil or cake made from the
seeds of the plant, any other compound, manufacture, salt,
immediate derivative, mixture or preparation of the mature stalks
(except the resin extracted therefrom), fiber, oil or cake, or the
sterilized seed of the plant which is incapable of germination.
(r) "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:
(1) Opium and opiate and any salt, compound, immediate
derivative or preparation of opium or opiate.
(2) Any salt, compound, isomer, immediate derivative or
preparation thereof which is chemically equivalent or identical
with any of the substances referred to in paragraph (1) of this
subdivision, but not including the isoquinoline alkaloids of opium.
(3) Opium poppy and poppy straw.
(4) Coca leaves and any salt, compound, immediate derivative
or preparation of coca leaves and any salt, compound, isomer, immediate derivative or preparation thereof which is chemically
equivalent or identical with any of these substances, but not
including decocainized coca leaves or extractions of coca leaves
which do not contain cocaine or ecgonine.
(s) "Opiate" means any 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. It does not include, unless
specifically designated as controlled under section two hundred
one, article two of this chapter, the dextrorotatory isomer of
3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It
does not include its racemic and levorotatory forms.
(t) "Opium poppy" means the plant of the species "Papaver
somniferum L.", except its seeds.
(u) "Person" means individual, corporation, government or
governmental subdivision or agency, business trust, estate, trust,
partnership or association, or any other legal entity.
(v) "Placebo" means an inert medicament or preparation
administered or dispensed for its psychological effect, to satisfy
a patient or research subject or to act as a control in
experimental series.
(w) "Poppy straw" means all parts, except the seeds, of the
opium poppy after mowing.
(x) "Practitioner" means:
(1) A physician, dentist, veterinarian, scientific
investigator or other person licensed, registered or otherwise
permitted to distribute, dispense, conduct research with respect
to, or to administer a controlled substance in the course of
professional practice or research in this state.
(2) A pharmacy, hospital or other institution licensed,
registered or otherwise permitted to distribute, dispense, conduct
research with respect to, or to administer a controlled substance
in the course of professional practice or research in this state.
(y) "Production" includes the manufacture, planting,
cultivation, growing or harvesting of a controlled substance.
(z) "State", when applied to a part of the United States,
includes any state, district, commonwealth, territory, insular
possession thereof and any area subject to the legal authority of
the United States of America.
(aa) "Ultimate user" means a person who lawfully possesses a
controlled substance for his or her own use or for the use of a
member of his or her household or for administering to an animal
owned by him or her or by a member of his or her household.
ARTICLE 2. STANDARDS AND SCHEDULES.
§60A-2-204. Schedule I.
(a) Schedule I shall consist 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) Opiates. 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, whenever the existence of such isomers, esters, ethers and
salts is possible within the specific chemical designation (for
purposes of subdivision (34) of this subsection only, the term
isomer includes the optical and geometric isomers):
(1) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)
-4-piperidinyl]-N-phenylacetamide);
(2) Acetylmethadol;
(3) Allylprodine;
(4) Alphacetylmethadol (except levoalphacetylmethadol also
known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM);
(5) Alphameprodine;
(6) Alphamethadol;
(7)Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)
ethyl-4-piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl)-4-(-
propanilido) piperidine);
(8) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl) ethyl-
4-piperidinyl]-N-phenylpropanamide);
(9) Benzethidine;
(10) Betacetylmethadol;
(11) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl) -4-
piperidinyl]-N-phenylpropanamide);
(12) Beta-hydroxy-3-methylfentanyl (other name: N-[1-(2-
hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide);
(13) Betameprodine;
(14) Betamethadol;
(15) Betaprodine;
(16) Clonitazene;
(17) Dextromoramide;
(18) Diampromide;
(19) Diethylthiambutene;
(20) Difenoxin;
(21) Dimenoxadol;
(22) Dimepheptanol;
(23) Dimethylthiambutene;
(24) Dioxaphetyl butyrate;
(25) Dipipanone;
(26) Ethylmethylthiambutene;
(27) Etonitazene;
(28) Etoxeridine;
(29) Furethidine;
(30) Hydroxypethidine;
(31) Ketobemidone;
(32) Levomoramide;
(33) Levophenacylmorphan;
(34) 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-
piperidyl]-N-phenylpropanamide);
(35) 3-methylthiofentanyl (N-[3-methyl-1-(2-thienyl) ethyl-4-
piperidinyl]-N-phenylpropanamide);
(36) Morpheridine;
(37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
(38) Noracymethadol;
(39) Norlevorphanol;
(40) Normethadone;
(41) Norpipanone;
(42) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-
phenethyl)-4-piperidinyl] propanamide);
(43) PEPAP(1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(44) Phenadoxone;
(45) Phenampromide;
(46) Phenomorphan;
(47) Phenoperidine;
(48) Piritramide;
(49) Proheptazine;
(50) Properidine;
(51) Propiram;
(52) Racemoramide;
(53)Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-
piperidinyl]-propanamide);
(54) Tilidine;
(55) Trimeperidine.
(c) Opium derivatives. -- Unless specifically excepted or
unless listed in another schedule, any of the following opium
immediate derivatives, 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) Acetorphine;
(2) Acetyldihydrocodeine;
(3) Benzylmorphine;
(4) Codeine methylbromide;
(5) Codeine-N-Oxide;
(6) Cyprenorphine;
(7) Desomorphine;
(8) Dihydromorphine;
(9) Drotebanol;
(10) Etorphine (except HCl Salt);
(11) Heroin;
(12) Hydromorphinol;
(13) Methyldesorphine;
(14) Methyldihydromorphine;
(15) Morphine methylbromide;
(16) Morphine methylsulfonate;
(17) Morphine-N-Oxide;
(18) Myrophine;
(19) Nicocodeine;
(20) Nicomorphine;
(21) Normorphine;
(22) Pholcodine;
(23) Thebacon.
(d) Hallucinogenic substances. -- 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
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 (for purposes of this subsection
only, the term "isomer" includes the optical, position and
geometric isomers):
(1) Alpha-ethyltryptamine; some trade or other names:
etryptamine; Monase; alpha-ethyl-1H-indole-3-ethanamine; 3-(2-
aminobutyl) indole; alpha-ET; and AET;
(2) 4-bromo-2, 5-dimethoxy-amphetamine; some trade or other
names: 4-bromo-2,5-dimethoxy-alpha-methylphenethylamine; 4-bromo-
2,5-DMA;
(3) 4-Bromo-2,5-dimethoxyphenethylamine; some trade or other
names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-
desmethyl DOB; 2C-B, Nexus;
(4) 2,5-dimethoxyamphetamine; some trade or other names:
2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA;
(5) 2,5-dimethoxy-4-ethylamphet-amine; some trade or other
names: DOET;
(6) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (other name:
2C-T-7);
__________(6) (7) 4-methoxyamphetamine; some trade or other names:
4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; PMA;
(7) (8) 5-methyloxy-3 5-methoxy-3,
4-methylenedioxy-amphetamine;
(8) (9) 4-methyl-2,5-dimethoxy-amphetamine; some trade and
other names: 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine;
"DOM"; and "STP";
(9) (10) 3,4-methylenedioxy amphetamine;
(10) (11) 3,4-methylenedioxymethamphetamine (MDMA);
(11) (12) 3,4-methylenedioxy-N-ethylamphetamine (also known
as N- ethyl-alpha-methyl-3,4 (methylenedioxy) phenethylamine, N-ethyl MDA, MDE, MDEA);
(12) (13) N-hydroxy-3,4-methylenedioxyamphetamine (also known
as N- hydroxy-alpha-methyl-3,4 (methylenedioxy) phenethylamine, and
N- hydroxy MDA);
(13) (14) 3,4,5-trimethoxy amphetamine;
(15) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);
__________(16) Alpha-methyltryptamine (other name:AMT);
__________(14) (17) Bufotenine; some trade and other names:
3-(beta-Dimethylaminoethyl)-5-hydroxyindole;3-(2-dimethylaminoeth
yl) -5-indolol; N, N-dimethylserotonin; 5-hydroxy-N,N-
dimethyltryptamine; mappine;
(15) (18) Diethyltryptamine; some trade and other
names: N, N-Diethyltryptamine; DET;
(16) (19) Dimethyltryptamine; some trade or other names:
DMT;
(20) 5-Methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT);
__________(17) (21) Ibogaine; some trade and other names: 7-Ethyl-6,
6 Beta, 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;
(18) (22) Lysergic acid diethylamide;
(19) (23) Marihuana;
(20) (24) Mescaline;
(21) (25) Parahexyl-7374; some trade or other names: 3-Hexyl -1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6,
9-trimethyl-6H-dibenzo [b,d] pyran; Synhexyl;
(22) (26) 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, immediate
derivative, mixture or preparation of such plant, its seeds or
extracts;
(23) (27) N-ethyl-3-piperidyl benzilate;
(24) (28) N-methyl-3-piperidyl benzilate;
(25) (29) Psilocybin;
(26) (30) Psilocyn;
(27) (31) Tetrahydrocannabinols; synthetic equivalents of the
substances contained in the plant, or in the resinous extractives
of Cannabis, sp. and/or synthetic substances, immediate derivatives
and their isomers with similar chemical structure and
pharmacological activity such as the following:
delta-1 Cis or trans tetrahydrocannabinol, and their optical
isomers;
delta-6 Cis or trans tetrahydrocannabinol, and their optical
isomers;
delta-3,4 Cis or trans tetrahydrocannabinol, and its optical
isomers;
(Since nomenclature of these substances is not internationally
standardized, compounds of these structures, regardless of
numerical designation of atomic positions covered.)
(28) (32) Ethylamine analog of phencyclidine; some trade or
other names: N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl)
ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE;
(29) (33) Pyrrolidine analog of phencyclidine; some trade or
other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP;
(30) (34) Thiophene analog of phencyclidine; some trade or
other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine,
2-thienylanalog of phencyclidine; TPCP, TCP;
(31) (35) 1[1-(2-thienyl)cyclohexyl]pyrroldine; some other
names: TCPy.
(32) (36) Synthetic Cannabinoids as follows:
(a) (A)
2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)(phenol)
{also known as CP 47,497 and homologues};
(b) (B)
rel-2-[(1S,3R)-3-hydroxycyclohexyl]-5-(2-methylnonan-2-yl)phenol
{also known as CP 47,497-C8 homolog};
(c) (C)
[(6aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7
,10,10a-tetrahydrobenzo[c]chromen-1-ol)] {also known as HU-210};
(d) (D) (dexanabinol,
(6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-
6a,7,10,10a-tetrahydrobenzol[c]chromen-1-ol) {also known as
HU-211};
(e) (E) 1-Pentyl-3-(1-naphthoyl)indole {also known as
JWH-018};
(f) (F) 1-Butyl-3-(1-naphthoyl)indole {also known as JWH-073};
(g) (G) (2-methyl-1-propyl-1H-indol-3-yl)-1napthalenyl
1-naphthalenyl-methanone {also known as JWH-015};
(h) (H) (1-hexyl-1H-indol-3-yl)-1-naphthalenyl-methanone {also
known as JWH-019};
(i) (I) [1-[2-(4-morpholinyl)ethyl]-1H-indol-3-yl]-
1-naphthalenyl (1-naphthalenyl) methanone {also known as JWH-200};
(j) (J) 1-(1-pentyl-1H-indol-3-yl)-2-(3-hydroxyphenyl
3-methoxyphenyl)-ethanone {also known as JWH-250};
(k) (K) 2-((1S,2S,5S)-5-hydroxy-2-(3-hydroxtpropyl
3-hydroxypropyl)(cyclohexyl)-5-(2-methyloctan-2-yl)phenol {also
known as CP 55,940};
(l) (L)
(4-methyl-1-naphthalenyl)(1-pentyl-1H-indol-3-yl)-methanone {also
known as JWH-122};
(m) (M) (4-methyl-1-naphthalenyl)(1-pentyl-1H-indol-3-yl)
(4-chloronaphthalen-1-yl)(1-pentylindolin-3-yl)- methanone {also known as JWH-398};
(n) (N) (4-methoxyphenyl)(1-pentyl-1H-indol-3-yl)methanone
{also known as RCS-4};
(o) (O)
1-(1-(2-cyclohexylethyl)-(1H-indol-3-yl)-2-(2-methoxyphenyl)ethan
one {also known as RCS-8}; and
(Since nomenclature of these substances is not internationally
standardized, any immediate precursor or immediate derivative of
these substances shall be covered).
(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) Mecloqualone;
(2) Methaqualone;
(3) Gamma Hydroxybutyric Acid (GHB).
(f) 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, and salts of isomers:
(1) Aminorex; some other names: aminoxaphen; 2-amino-5-
phenyl-2-oxazoline; or 4,5-dihydro-5-phenyl-2-oxazolamine;
(2) Cathinone; some trade or other names: 2-amino-1-phenyl-1-
propanone, alpha-aminopropiophenone, 2-aminopropiophenone, and
norephedrone;
(3) Fenethylline;
(4) Methcathinone, its immediate precursors and immediate
derivatives, its salts, optical isomers and salts of optical
isomers; some other names: (2-(methylamino)-propiophenone;
alpha-(methylamino)propiophenone; 2-(methylamino)-1-phenylpropan-1-
one; alpha-N-methylaminopropiophenone; monomethylpropion;
3,4-methylenedioxypyrovalerone and/or
mephedrone;3,4-methylenedioxypyrovalerone (MPVD) (MDPV); ephedrone;
N-methylcathinone; methylcathinone; AL-464; AL-422; AL- 463 and
UR1432;
(5) (+-) cis-4-methylaminorex; ((+-)cis-4,5-dihydro-4-methyl-
5-phenyl-2-oxazolamine);
(6) N-ethylamphetamine;
(7) N,N-dimethylamphetemine N,N dimethylamphetamine; also
known as N,N-alpha- trimethyl-benzeneethanamine;
N,N-alpha-trimethylphenethylamine.
(g) Temporary listing of substances subject to emergency scheduling. -- Any material, compound, mixture or preparation
which contains any quantity of the following substances:
(1) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide
(benzylfentanyl), its optical isomers, salts, and salts of isomers.
(2)N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide
(thenylfentanyl), its optical isomers, salts and salts of isomers.
(8) N-benzylpiperazine, also known as BZP.
§60A-2-206. Schedule II.
(a) Schedule II 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) Dihydroetorphine;
_____(H) (I) Ethylmorphine;
(I) (J) Etorphine hydrochloride;
(J) (K) Hydrocodone;
(K) (L) Hydromorphone;
(L) (M) Metopon;
(M) (N) Morphine;
(O) Oripavine;
(N) (P) Oxycodone;
(O) (Q) Oxymorphone;
(P) (R) 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;
(28) Tapentadol.
(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;
(5) Lisdexamfetamine.
(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:
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);
(3) Immediate precursor to fentanyl:
_____(A) 4-anilino-N-phenethyl-4-piperidine (ANPP).
§60A-2-208. Schedule III.
(a) Schedule III 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 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 August 25,
1971, 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 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 of barbituric acid;
(4) Aprobarbital;
_____(5) Butabarbital (secbutabarbital);
_____(6) Butalbital;
_____(7) Butobarbital (butethal);
_____(4) (8) Chlorhexadol;
(9) Embutramide;
_____(10) Gamma Hydroxybutryic Acid preparations;
_____(11) Ketamine, its salts, isomers and salts of isomers [Some
other names for ketamine:
(+-)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone];
_____(5) (12) Lysergic acid;
(6) (13) Lysergic acid amide;
(7) (14) Methyprylon;
(8) (15) Sulfondiethylmethane;
(9) (16) Sulfonethylmethane;
(10) (17) Sulfonmethane;
(18) Thiamylal;
_____(19) Thiopental;
_____(11) (20) Tiletamine and zolazepam or any salt 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.
(21) Vinbarbital.
(d) Nalorphine.
(e) Narcotic drugs. -- Unless specifically excepted or unless
listed in another schedule:
(1) 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) (A) 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) (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, nonnarcotic ingredients in recognized therapeutic amounts;
(3) (C) 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) (D) 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) (E) 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) (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, nonnarcotic ingredients in recognized
therapeutic amounts;
(7) (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, nonnarcotic ingredients in
recognized therapeutic amounts;
(8) (H) 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.
(2) Any material, compound, mixture or preparation containing
any of the following narcotic drugs or their salts, as set forth
below:
_____(A) Buprenorphine.
(f) Anabolic steroids. -- Unless specifically excepted or
unless listed in another schedule, any material, compound, mixture,
or preparation containing any quantity of anabolic steroids,
including its salts, isomers and salts of isomers whenever the
existence of the salts of isomers is possible within the specific
chemical designation.
(g) Human Growth Hormones.
_____(g) (h) 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).
§60A-2-210. Schedule IV.
(a) Schedule IV shall consist 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) 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 milligram of difenoxin and not less than
25 micrograms of atropine sulfate per dosage unit;
(2) Dextropropoxyphene
(alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybuta
ne).
(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, 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) Camazepam;
(5) Carisoprodol;
(6) Chloral betaine;
(7) Chloral hydrate;
(8) Chlordiazepoxide;
(9) Clobazam;
(10) Clonazepam;
(11) Clorazepate;
(12) Clotiazepam;
(13) Cloxazolam;
(14) Delorazepam;
(15) Diazepam;
(16) Dichloralphenazone;
_____(16) (17) Estazolam;
(17) (18) Ethchlorvynol;
(18) (19) Ethinamate;
(19) (20) Ethyl loflazepate;
(20) (21) Fludiazepam;
(21) (22) Flunitrazepam;
(22) (23) Flurazepam;
(24) Fospropofol;
_____(23) (25) Halazepam;
(24) (26) Haloxazolam;
(25) (27) Ketazolam;
(26) (28) Loprazolam;
(27) (29) Lorazepam;
(28) (30) Lormetazepam;
(29) (31) Mebutamate;
(30) (32) Medazepam;
(31) (33) Meprobamate;
(32) (34) Methohexital;
(33) (35) Methylphenobarbital (mephobarbital);
(34) (36) Midazolam;
(35) (37) Nimetazepam;
(36) (38) Nitrazepam;
(37) (39) Nordiazepam;
(38) (40) Oxazepam;
(39) (41) Oxazolam;
(40) (42) Paraldehyde;
(41) (43) Petrichloral;
(42) (44) Phenobarbital;
(43) (45) Pinazepam;
(44) (46) Prazepam;
(45) (47) Quazepam;
(46) (48) Temazepam;
(47) (49) Tetrazepam;
(48) (50) Triazolam;
(51) Zaleplon;
_____(49) (52) Zolpidem;
(53) Zopiclone.
(d) Fenfluramine. -- 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,
Dexfenfluramine.
(e) 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 and salts of isomers:
(1) Cathine ((+)-norpseudoephedrine);
(2) Diethylpropion;
(3) Fencamfamin;
(4) Fenproporex;
(5) Mazindol;
(6) Mefenorex;
(7) Modafinil;
_____(7) (8) Pemoline (including organometallic complexes and
chelates thereof);
(8) (9) Phentermine;
(9) (10) Pipradrol;
(11) Sibutramine;
_____(10) (12) SPA ((-)-1-dimethylamino-1,2-diphenylethane).
(f) 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) Pentazocine;
(2) Butorphanol.
Amyl nitrite, butyl nitrite, isobutyl nitrite and the other
organic nitrites are controlled substances and no 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.
§60A-2-212. Schedule V.
(a) Schedule V shall consist 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) Narcotic drugs. -- Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture or
preparation containing any of the following narcotic drugs and
their salts, as set forth below:
(1) Buprenorphine.
(c) (b) Narcotic drugs containing nonnarcotic active medicinal
ingredients. Any 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, which shall include one or more nonnarcotic 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:
(1) Not more than 200 milligrams of codeine per 100
milliliters or per 100 grams;
(2) Not more than 100 milligrams of dihydrocodeine per 100
milliliters or per 100 grams;
(3) Not more than 100 milligrams of ethylmorphine per 100
milliliters or per 100 grams;
(4) Not more than 2.5 milligrams of diphenoxylate and not less
than 25 micrograms of atropine sulfate per dosage unit;
(5) Not more than 100 milligrams of opium per 100 milliliters
or per 100 grams;
(6) Not more than 0.5 milligrams of difenoxin and not less
than 25 micrograms of atropine sulfate per dosage unit.
(d) (c) Stimulants. -- Unless specifically exempted or
excluded 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 and salts of isomers:
(1) Pyrovalerone.
(e) (d) Any compound, mixture or preparation containing as its
single active ingredient ephedrine, pseudoephedrine or
phenylpropanolamine, their salts or optical isomers, or salts of
optical isomers except products which are for pediatric use
primarily intended for administration to children under the age of
twelve: Provided, That neither the offenses set forth in section
four hundred one, article four of this chapter, nor the penalties
therein, shall be applicable to ephedrine, pseudoephedrine or
phenylpropanolamine which shall be subject to the provisions of
article ten of this chapter.
(e) Depressants. -- Unless specifically exempted or excluded 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:
_____(1) Ezogabine
[N-[2-amino-4-94-fluorobenzylamino)-phenyl]-carbamic acid ethyl
ester];
_____(2)Lacosamide [(R)-2-acetoamido- N
-benzyl-3-methoxy-propionamide];
_____(3) Pregabalin [(S)-3-(aminomethyl)-5-methylhexanoic acid].
NOTE: The purpose of this bill is to update the schedules of
controlled substances in West Virginia code to match the federal
schedules of controlled substances. Additionally, the bill makes
a technical modification to the definitions of "immediate
derivative" and "immediate precursor."
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.