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ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 64
(Senator Wagner, original sponsor)
__________
[Passed March 9, 1994; in effect ninety days from passage.]
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AN ACT to amend and reenact sections two hundred eight and two
hundred ten, article two, chapter sixty-a of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, all relating to updating the uniform controlled
substances act.
Be it enacted by the Legislature of West Virginia:
That sections two hundred eight and 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-2-208. Schedule III.
(a) Schedule III 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) Stimulants. -- Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture or
preparation which contains any quantity of the followingsubstances 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) 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 §308.32, 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 and one or more other
active medicinal ingredients which are not listed in anyschedule;
(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;
(4) Chlorhexadol;
(5) Glutethimide;
(6) Lysergic acid;
(7) Lysergic acid amide;
(8) Methyprylon;
(9) Sulfondiethylmethane;
(10) Sulfonethylmethane;
(11) Sulfonmethane;
(12) Tiletamine and zolazepam or any salt thereof; 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;
(13) Human growth hormones or anabolic steroids.
(d) Nalorphine.
(e) Narcotic drugs. -- Unless specifically excepted or
unless listed in another schedule, any material, compound,mixture or preparation containing limited quantities of any of
the following narcotic drugs or any salts thereof:
(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
and 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 or
hydrocodone per 100 milliliters and 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 or
hydrocodone per 100 milliliters and 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 and 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 and not more 25 milligrams per
dosage unit, with one or more active, nonnarcotic ingredients inrecognized therapeutic amounts;
(8) Not more than 50 milligrams of morphine per 100
milliliters or per 100 grams and not more than 2.5 milligrams per
dosage unit, with one or more active, nonnarcotic ingredients in
recognized therapeutic amounts.
§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) Camazepam;
(5) Chloral betaine;
(6) Chloral hydrate;
(7) Chlordiazepoxide;
(8) Clobazam;
(9) Clonazepam;
(10) Clorazepate;
(11) Clotiazepam;
(12) Cloxazolam;
(13) Delorazepam;
(14) Diazepam;
(15) Estazolam;
(16) Ethchlorvynol;
(17) Ethinamate;
(18) Ethylloflazepate;
(19) Fludiazepam;
(20) Flunitrazepam;
(21) Flurazepam;
(22) Halazepam;
(23) Haloxazolam;
(24) Ketazolam;
(25) Loprazolam;
(26) Lorazepam;
(27) Lormetazepam;
(28) Mebutamate;
(29) Medazepam;
(30) Meprobamate;
(31) Methohexital;
(32) Methylphenobarbital (mephobarbital);
(33) Medazolam;
(34) Nimetazepam;
(35) Nitrazepam;
(36) Nordiazepam;
(37) Oxazepam;
(38) Oxazolam;
(39) Paraldehyde;
(40) Petrichloral;
(41) Phenobarbital;
(42) Pinazepam;
(43) Prazepam;
(44) Quazepam;
(45) Temazepam;
(46) Tetrazepam;
(47) Triazolam;
(48) 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.