Introduced Version
House Bill 2503 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2503
(By Delegates Marcum, Miley, Moore, White, Craig, Perry,
Skaff, Nelson, E., Ferro, Ferns and Eldridge)
[Introduced February 15, 2013; referred to the
Committee on Health and Human Resources then the
Judiciary.]
A BILL to amend and reenact §60A-2-210 of the Code of West
Virginia, 1931, as amended, relating to adding suboxone and
fioricet to the Schedule IV list of controlled substances;
and, by reference, providing a felony criminal penalty.
Be it enacted by the Legislature of West Virginia:
That §60A-2-210 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 2. STANDARDS AND SCHEDULES.
§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) Estazolam;
(17) Ethchlorvynol;
(18) Ethinamate;
(19) Ethyl loflazepate;
(20) Fludiazepam;
(21) Flunitrazepam;
(22) Flurazepam;
(23) Halazepam;
(24) Haloxazolam;
(25) Ketazolam;
(26) Loprazolam;
(27) Lorazepam;
(28) Lormetazepam;
(29) Mebutamate;
(30) Medazepam;
(31) Meprobamate;
(32) Methohexital;
(33) Methylphenobarbital (mephobarbital);
(34) Midazolam;
(35) Nimetazepam;
(36) Nitrazepam;
(37) Nordiazepam;
(38) Oxazepam;
(39) Oxazolam;
(40) Paraldehyde;
(41) Petrichloral;
(42) Phenobarbital;
(43) Pinazepam;
(44) Prazepam;
(45) Quazepam;
(46) Suboxone;
_____(46) (47) Temazepam;
(47) (48) Tetrazepam;
(48) (49) Triazolam;
(49) (50) Zolpidem.
(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.
(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) Fioricet;
_____(5) (6) Mazindol;
(6) (7) Mefenorex;
(7) (8) Pemoline (including organometallic complexes and
chelates thereof);
(8) (9) Phentermine;
(9) (10) Pipradrol;
(10) (11) 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.
NOTE: The purpose of this bill is to add suboxone and fioricet
to the Schedule IV list of controlled substances. The bill, by
reference, provides a felony criminal penalty.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.