Subchapter II. Standards and Schedules
TITLE 16
Health and Safety
Food and Drugs
CHAPTER 47. UNIFORM CONTROLLED SUBSTANCES ACT
Subchapter II. Standards and Schedules
§ 4711. Administration.
The Secretary shall administer this chapter. Except as otherwise provided in this chapter, the Secretary may delete or reschedule substances enumerated in the schedules of controlled substances only if:
(1) Such substances have been deleted from or rescheduled within the federal schedules of controlled substances by the Attorney General of the United States pursuant to 21 USC § 811, et seq.; and
(2) The findings required by this chapter for placement of substances in the schedules of controlled substances have been made.
16 Del. C. 1953, § 4711; 58 Del. Laws, c. 424, § 1; 60 Del. Laws, c. 583, § 2.;
§ 4712. Nomenclature.
The controlled substances listed or to be listed in the schedules in §§ 4714, 4716, 4718, 4720 and 4722 are included by whatever official, common, usual, chemical or trade name designated.
16 Del. C. 1953, § 4712; 58 Del. Laws, c. 424, § 1.;
§ 4713. Schedule I tests.
The Secretary shall place a substance in Schedule I if the Secretary finds that the substance:
(1) Has high potential for abuse; and
(2) Has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.
16 Del. C. 1953, § 4713; 58 Del. Laws, c. 424, § 1; 70 Del. Laws, c. 186, § 1.;
§ 4714. Schedule I.
(a) The controlled substances listed in this section are included in Schedule I.
(b) Any of the following opiates, including their isomers, esters, ethers, salts and salts of isomers, esters and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation:
(1) Acetylmethadol;
(2) Allylprodine;
(3) Alphacetylmethadol (except levo-alphacetylmethadol also known as levo-alpha-acetylmethadol, levomethadyl acetate or "LAAM");
(4) Alphameprodine;
(5) Alphamethadol;
(6) Benzethidine;
(7) Betacetylmethadol;
(8) Betameprodine;
(9) Betamethadol;
(10) Betaprodine;
(11) Clonitazene;
(12) Dextromoramide;
(13) Dextrorphan;
(14) Diampromide;
(15) Diethylthiambutene;
(16) Dimenoxadol;
(17) Dimepheptanol;
(18) Dimethylthiambutene;
(19) Dioxaphetyl butyrate;
(20) Dipipanone;
(21) Ethylmethylthiambutene;
(22) Etonitazene;
(23) Etoxeridine;
(24) Furethidine;
(25) Hydroxypethidine;
(26) Ketobemidone;
(27) Levomoramide;
(28) Levophenacylmorphan;
(29) Morpheridine;
(30) Noracymethadol;
(31) Norlevorphanol;
(32) Normethadone;
(33) Norpipanone;
(34) Phenadoxone;
(35) Phenampromide;
(36) Phenomorphan;
(37) Phenoperidine;
(38) Piritramide;
(39) Proheptazine;
(40) Properidine;
(41) Racemoramide;
(42) Trimeperidine;
(43) Difenoxin;
(44) Propiram;
(45) Tilidine;
(46) Alpha-Methylfentanyl;
(47) 3-Methylfentanyl (N-[3-methyl-1(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide) , its salts and salts of isomers;
(48) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP), its optical isomers, salts and salts of isomers;
(49) 1-[2-phenylethyl]-4-phenyl-4-acetyoxypiperdine (PEPAP), its optical isomers, salts and salts of isomers;
(50) N-[1-(1-methyl-2-phenyl) ethyl-4-piperidinyl]-N-phenylacetamide (Acetyl-alpha-methylfentanyl), its optical isomers, salts and salts of isomers;
(51) N-[1-methyl-2-(2-thienyl) ethyl-4-piperidyl]-N-phenylpropanamide (Alpha-Methylthiofentanyl), its optical isomers, salts and salts of isomers;
(52) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (Benzylfentanyl), its optical isomers, salts and salts of isomers;
(53) N-[1-(2-hydroxy-2-phenyl) ethyl-4-piperidinyl]-N-phenylpro=-pa=-ni=-mide (Beta-hydroxyfentanyl), its optical isomers, salts and salts of isomers;
(54) N-[3-methyl-1-(2-hydroxy-2-phenyl) ethyl-4-piperidinyl]-N-phenyl=-propanamide (Beta-hydroxy-3- methylfentanyl), its optical and geometric isomers, salts and salts of isomers;
(55) N-[3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanimi de (3-methylthiofentanyl), its optical and geometric isomers, salts and salts of isomers;
(56) N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide (Thienylfentanyl), its optical isomers, salts and salts of isomers;
(57) N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidyl]-N-phenylpropanamide (Thiofentanyl), its optical isomers, salts and salts of isomers; and
(58) N-[1-(2-phenylethyl)-4-piperidyl]-n(4-flourophenyl)-propanamide (Para-Flourofentanyl), its optical isomers, salts and salts of isomers.
(c) Any of the following opium derivatives, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these 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) Etorphine;
(10) Heroin;
(11) Hydromorphinol;
(12) Methyldesorphine;
(13) Methyldihydromorphine;
(14) Morphine methylbromide;
(15) Morphine methylsulfonate;
(16) Morphine-N-Oxide;
(17) Myrophine;
(18) Nicocodeine;
(19) Nicomorphine;
(20) Normorphine;
(21) Pholcodeine;
(22) Thebacon; and
(23) Drotebanol.
(d) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) 3,4-methylenedioxy amphetamine;
(2) 5-methoxy-3,4-methylenedioxy amphetamine;
(3) 3,4,5-trimethoxy amphetamine;
(4) Bufotenine;
(5) Diethyltryptamine;
(6) Dimethyltryptamine;
(7) 4-methyl-2,5-dimethoxylamphetamine;
(8) Ibogaine;
(9) Lysergic acid diethylamide;
(10) Mescaline;
(11) Peyote;
(12) N-ethyl-3-piperidyl benzilate;
(13) N-methyl-3-piperidyl benzilate;
(14) Psilocybin;
(15) Psilocyn;
(16) Thiophene Analog of Phencyclidine;
(17) Ethylamine Analog of Phencyclidine;
(18) Pyrrolidine Analog of Phencyclidine;
(19) Any material, compound, combination, mixture, synthetic substitute or preparation which contains any quantity of marijuana or any tetrahydrocannabinols, their salts, isomers or salts of isomers;
(20) Parahexyl
(21) 3,4-methylenedioxymethamphetamine (MDMA), its optical, positional and geometric isomers, salts and salts of isomers;
(22) 2, 5-Dimethoxy-4-ethylamphetamine (DOET);
(23) Alpha-ethyltrytamine;
(24) Salvia divinorum; and
(25) Salvinorin A.
(e) Any material, compound, mixture or preparation which contains any quantity of the following depressant substances, including their salts, isomers and salts of isomers unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific designation:
(1) Methaqualone.
(2) Gamma Hydroxybutyrate (GHB).
(f) Any material, compound, mixture or preparation which contains any quantity of the following stimulant substances, including their salts, isomers and salts of isomers unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific designation:
(1) Fenethylline;
(2) N-Ethylamphetamine;
(3) Cathinone;
(4) Methcathinone; and
(5) Aminorex.
16 Del. C. 1953, § 4714; 58 Del. Laws, c. 424, § 1; 61 Del. Laws, c. 261, §§ 1, 2; 71 Del. Laws, c. 295, § 3; 75 Del. Laws, c. 256, §§ 2, 3; 77 Del. Laws, c. 110, §§ 1, 2.;
§ 4715. Schedule II tests.
The Secretary shall place a substance in Schedule II if the Secretary finds that:
(1) The substance has high potential for abuse;
(2) The substance has currently accepted medical use in treatment in the United States or currently accepted medical use with severe restrictions; and
(3) The abuse of the substance may lead to severe psychic or physical dependence.
16 Del. C. 1953, § 4715; 58 Del. Laws, c. 424, § 1; 70 Del. Laws, c. 186, § 1.;
§ 4716. Schedule II.
(a) The controlled substances listed in this section are included in Schedule II.
(b) Any of the following substances, except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:
(1) Opium and opiate, and any salt, compound, derivative or preparation of opium or opiate.
(2) Any salt, compound, isomer, derivative or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (1), but not including the isoquinoline alkaloids of opium.
(3) Opium poppy and poppy straw.
(4) Coca leaves, including cocaine and ecgonine and their salts, isomers, derivatives and salts of isomers and derivatives, and any salt, compound, derivative or preparation of coca leaves, and any salt, compound, derivative or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine.
(c) Any of the following opiates, including their isomers, esters, ethers, salts and salts of isomers, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation:
(1) Alphaprodine;
(2) Anileridine;
(3) Bezitramide;
(4) Dihydrocodeine;
(5) Diphenoxylate;
(6) Fentanyl;
(7) Isomethadone;
(8) Levo-alphacetylmethodol (also known as levo-alpha-acetyl=-meth=-adol, levomethadyl acetate, "LAAM")
(9) Levomethorphan;
(10) Levorphanol;
(11) Metazocine;
(12) Methadone;
(13) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
(14) Moramide-Intermediate 2-methyl-3-morpholino-1, 1-diphenyl- pro=-pane-carboxylic acid;
(15) Pethidine;
(16) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;
(17) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxy=-late;
(18) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-car=-box=-y=-lic acid;
(19) Phenazocine;
(20) Piminodine;
(21) Racemethorphan;
(22) Racemorphan;
(23) Sufentanil; and
(24) Alfentanil.
(d) Any material, compound, mixture or preparation which contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:
(1) Amphetamine, its salts, optical isomers and salt of its optical isomers;
(2) Phenmetrazine and its salts;
(3) Any substance which contains any quantity of methamphetamine including its salts, isomers and salts of isomers; and
(4) Methylphenidate.
(e) Any material, compound, mixture or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:
(1) Methaqualone and its salts;
(2) Amobarbital;
(3) Secobarbital;
(4) Pentobarbital;
(5) Phencyclidine;
(6) Phencyclidine Immediate Precursors:
a. 1-Phenylcyclohexylamine; and
b. 1-Piperidinocylohexane Carbonitrile (PCC); and
(7) Glutethimide.
(f)(1) Immediate Precursor to Amphetamine and Methamphetamine.
(2) Phenylacetone (P-2-P).
(g) [Deleted.]
16 Del. C. 1953, § 4716; 58 Del. Laws, c. 424, § 1; 59 Del. Laws, c. 59, § 1; 66 Del. Laws, c. 66, § 1; 67 Del. Laws, c. 201, § 2.;
§ 4717. Schedule III tests.
The Secretary shall place a substance in Schedule III if the Secretary finds that:
(1) The substance has a potential for abuse less than the substances listed in Schedules I and II;
(2) The substance has currently accepted medical use in treatment in the United States; and
(3) Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.
16 Del. C. 1953, § 4717; 58 Del. Laws, c. 424, § 1; 70 Del. Laws, c. 186, § 1.;
§ 4718. Schedule III.
(a) The controlled substances listed in this section are included in Schedule III.
(b) Unless specifically excepted or unless listed in another schedule, any compound, mixture or preparation containing limited quantities of any stimulant drugs or any salts, isomers or salts of isomers thereof and 1 or more active medicinal ingredients not having a stimulant effect on the central nervous system and in such combinations, quantity, proportion or concentration that reduce the potential abuse of the substances which have a stimulant effect on the central nervous system.
(c) Unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:
(1) Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, except those substances which are specifically listed in other schedules;
(2) Chlorhexadol;
(3) Lysergic acid;
(4) Lysergic acid amide;
(5) Methyprylon;
(6) [Rescheduled];
(7) Sulfondiethylmethane;
(8) Sulfonethylmethane; and
(9) Sulfonmethane.
(d) Nalorphine.
(e) 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 or any of its salts per 100 milliliters or 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, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with 1 or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(3) Not more than 300 milligrams of dihydrocodeinone, or any of its salts, 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, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with 1 or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(5) Not more than 1.8 grams of dihydrocodeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with 1 or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(6) Not more than 300 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with 1 or more 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 1 or more active, nonnarcotic ingredients in recognized therapeutic amounts; and
(8) Not more than 50 milligrams of morphine or any of its salts per 100 milliliters or per 100 grams with 1 or more active, nonnarcotic ingredients in recognized therapeutic amounts.
(f) Anabolic steroids and combinations:
(1) Boldenone;
(2) Chlorotestosterone (4-dihydrotestosterone);
(3) Clostebol;
(4) Dehydrochlormethyltestosterone;
(5) Dihydrotestosterone (4-dihydrotestosterone);
(6) Drostanolone;
(7) Ethylestrenol;
(8) Fluoxymesterone;
(9) Formebulone (formebulone);
(10) Mesterolone;
(11) Methandienone;
(12) Methandranone;
(13) Methandriol;
(14) Methandrostenolone;
(15) Methenolone;
(16) Methyltestosterone;
(17) Mibolerone;
(18) Nandrolone;
(19) Norethandrolone;
(20) Oxandrolone;
(21) Oxymesterone;
(22) Oxymetholone;
(23) Stanolone;
(24) Stanozolol;
(25) Testolactone;
(26) Testosterone;
(27) Trenbolone; and
(28) Any salt, ester, or isomer of a drug or substance described or listed in this paragraph, if that salt, ester, or isomer promotes muscle growth.
(g) Clortermine.
(h) Benzphetamine.
(i) Chlorphentermine.
(j) Phendametrazine.
(k) Ketamine.
(l) The Secretary may except by rule any compound, mixture or preparation containing any stimulant or depressant substance listed in subsections (b) and (c) from the application of all or any part of this chapter if the compound, mixture or preparation contains 1 or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system and if the admixtures are included therein in combinations, quantity, proportion or concentration that vitiate the potential for abuse of the substances which have a stimulant or depressant effect on the central nervous system.
(m) Any anabolic steroid, as listed in subsection (f), which is a combination of estrogen and anabolic steroid and which is expressly intended for administration to hormone-deficient women, shall be exempt from the provisions of this chapter. If any person prescribes, dispenses or distributes an anabolic steroid which is a combination of estrogen and anabolic steroid for use by persons who are not hormone-deficient women, such person shall be considered to have prescribed, dispensed or distributed an anabolic steroid within the meaning of this chapter.
(n) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a U.S. Food and Drug Administration approved drug product.
16 Del. C. 1953, § 4718; 58 Del. Laws, c. 424, § 1; 67 Del. Laws, c. 201, § 1; 70 Del. Laws, c. 81, § 2; 71 Del. Laws, c. 50, § 1; 71 Del. Laws, c. 295, § 1.;
§ 4719. Schedule IV tests.
The Secretary shall place a substance in Schedule IV if the Secretary finds that:
(1) The substance has a low potential for abuse relative to substances in Schedule III;
(2) The substance has currently accepted medical use in treatment in the United States; and
(3) Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in Schedule III.
16 Del. C. 1953, § 4719; 58 Del. Laws, c. 424, § 1; 70 Del. Laws, c. 186, § 1.;
§ 4720. Schedule IV.
(a) The controlled substances listed in this section are included in Schedule IV.
(b) Any material, compound, mixture or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:
(1) Barbital;
(2) Chloral betaine;
(3) Chloral hydrate;
(4) Ethchlorvynol;
(5) Ethinamate;
(6) Methohexital;
(7) Meprobamate;
(8) Methylphenobarbital;
(9) Paraldehyde;
(10) Petrichloral;
(11) Phenobarbital;
(12) Chlordiazepoxide;
(13) Diazepam;
(14) Oxazepam;
(15) Clorazepate;
(16) Flurazepam;
(17) Clonazepam;
(18) Lorazepam;
(19) Mebutamate;
(20) Prazepam;
(21) Temazepam;
(22) Halazepam;
(23) Alprazolam;
(24) Triazolam;
(25) Quazepam;
(26) Midazolam; and
(27) Zolpidem.
(c) The Secretary may except by rule any compound, mixture or preparation containing any depressant substance listed in subsection (b) from the application of all or any part of this chapter if the compound, mixture or preparation contains 1 or more active medicinal ingredients not having a depressant effect on the central nervous system and if the admixtures are included therein in combinations, quantities, proportions or concentrations that vitiate the potential for abuse of the substances which have a depressant effect on the central nervous system.
(d) Fenfluramine.
(e) Dextropropoxyphene, and any compound, mixture or preparation which contains any of this substance, including its salts.
(f) Phentermine and any compound, mixture or preparation which contains any of this substance, including its salts.
(g) Pentazocine, and any material, compound, mixture or preparation which contains any of this substance.
(h) Diethylpropion.
(i) Pemoline (including organometallic complexes and chelates thereof).
(j) A compound mixture or preparation containing not more than 1 milligram of Difenoxin and not less than 25 micrograms of Atropine Sulfate per dosage unit.
(k) Mazindol.
(l) Flunitrazepam.
16 Del. C. 1953, § 4720; 58 Del. Laws, c. 424, § 1; 71 Del. Laws, c. 295, § 2.;
§ 4721. Schedule V tests.
The Secretary shall place a substance in Schedule V if the Secretary finds that:
(1) The substance has low potential for abuse relative to the controlled substances listed in Schedule IV;
(2) The substance has currently accepted medical use in treatment in the United States; and
(3) The substance has limited physical dependence or psychological dependence liability relative to the controlled substances listed in Schedule IV.
16 Del. C. 1953, § 4721; 58 Del. Laws, c. 424, § 1; 70 Del. Laws, c. 186, § 1.;
§ 4722. Schedule V.
(a) The controlled substances listed in this section are included in Schedule V.
(b) Any compound, mixture or preparation containing limited quantities of any of the following narcotic drugs, which also contains 1 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 or any of its salts per 100 milliliters or per 100 grams;
(2) Not more than 100 milligrams of dihydrocodeine or any of its salts per 100 milliliters or per 100 grams;
(3) Not more than 100 milligrams of ethylmorphine or any of its salts 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; and
(6) Not more than 0.5 milligram and no less than 24 micrograms of atropine sulfate per dosage unit.
(c) Buprenorphine and its salts.
16 Del. C. 1953, § 4722; 58 Del. Laws, c. 424, § 1.;
§ 4723. Republishing of schedules.
Repealed by 60 Del. Laws, c. 583, § 3, eff. July 21, 1976.