124.201 - DUTY TO RECOMMEND CHANGES IN SCHEDULES.
124.201 DUTY TO RECOMMEND CHANGES IN SCHEDULES.
1. The board shall administer the regulatory provisions of this
chapter. Annually, within thirty days after the convening of each
regular session of the general assembly, the board shall recommend to
the general assembly any deletions from, or revisions in the
schedules of substances, enumerated in section 124.204, 124.206,
124.208, 124.210, or 124.212, which it deems necessary or advisable.
In making a recommendation to the general assembly regarding a
substance, the board shall consider the following:
a. The actual or relative potential for abuse;
b. The scientific evidence of its pharmacological effect, if
known;
c. State of current scientific knowledge regarding the
substance;
d. The history and current pattern of abuse;
e. The scope, duration, and significance of abuse;
f. The risk to the public health;
g. The potential of the substance to produce psychic or
physiological dependence liability; and
h. Whether the substance is an immediate precursor of a
substance already controlled under this division.
2. After considering the above factors, the board shall make a
recommendation to the general assembly, specifying the change which
should be made in existing schedules, if it finds that the potential
for abuse or lack thereof of the substance is not properly reflected
by the existing schedules.
3. If the board designates a substance as an immediate precursor,
substances which are precursors of the controlled precursor shall not
be subject to control solely because they are precursors of the
controlled precursor. Such designations shall be made pursuant to
the procedures of chapter 17A.
4. If any new substance is designated as a controlled substance
under federal law and notice of the designation is given to the
board, the board shall similarly designate as controlled the new
substance under this chapter after the expiration of thirty days from
publication in the Federal Register of a final order designating a
new substance as a controlled substance, unless within that
thirty-day period the board objects to the new designation. In that
case the board shall publish the reasons for objection and afford all
interested parties an opportunity to be heard. At the conclusion of
the hearing the board shall announce its decision. Upon publication
of objection to a new substance being designated as a controlled
substance under this chapter by the board, control under this chapter
is stayed until the board publishes its decision. If a substance is
designated as controlled by the board under this paragraph the
control shall be temporary and if within sixty days after the next
regular session of the general assembly convenes it has not made the
corresponding changes in this chapter, the temporary designation of
control of the substance by the board shall be nullified. Section History: Early Form
[C73, 75, 77, 79, 81, § 204.201] Section History: Recent Form
C93, § 124.201
Referred to in § 124.101