39-17-408 - Controlled substances in Schedule II.
39-17-408. Controlled substances in 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, dextrorphan, nalmefene, nalbuphine, naloxone, and naltrexone, and their respective salts, but including the following:
(A) Raw opium;
(B) Opium extracts;
(C) Opium fluid extracts;
(D) Powdered opium;
(E) Granulated opium;
(F) Tincture of opium;
(G) Codeine;
(H) Dihydroetorphine;
(I) Ethylmorphine;
(J) Etorphine hydrochloride;
(K) Hydrocodone;
(L) Hydromorphone;
(M) Metopon;
(N) Morphine;
(O) Oxycodone;
(P) Oxymorphone; or
(Q) Thebaine;
(2) Any salt, compound, derivative, or preparation thereof that is chemically equivalent or identical with any of the substances referred to in subdivision (b)(1), except that these substances shall not include the isoquinoline alkaloids of opium;
(3) Opium poppy and poppy straw;
(4) Coca leaves (DEA Drug Code No. 9040) and any salt, compound, derivative or preparation of coca leaves (including cocaine (DEA Drug Code No. 9041) and ecgonine (DEA Drug Code No. 9180) and their salts, isomers, derivatives and salts of isomers and derivatives), and any salt, compound, derivative, or preparation thereof that is chemically equivalent or identical with any of these substances, except that the substances shall not include decocainized coca leaves or extraction 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 that contains the phenanthrene alkaloids of the opium poppy);
(6) (A) Marijuana, but only for the use of certified patients under the Controlled Substances Therapeutic Research Act, compiled in title 68, chapter 52 [repealed];
(B) Marijuana shall be considered a Schedule II controlled substance only for the purposes enumerated in the Controlled Substances Therapeutic Research Act, compiled in title 68, chapter 52 [repealed]; or
(7) (A) Tetrahydrocannabinols, but only for the use of certified patients under the Controlled Substances Therapeutic Research Act, compiled in title 68, chapter 52 [repealed];
(B) Tetrahydrocannabinols shall be considered a Schedule II controlled substance only for the purposes enumerated in the Controlled Substances Therapeutic Research Act, compiled in title 68, chapter 52 [repealed];
(C) Synthetic equivalents of the substance contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following:
(i) 1 cis or trans tetrahydrocannabinol, and its optical isomers;
(ii) 6 cis or trans tetrahydrocannabinol, and its optical isomers; or
(iii) 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.
(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 Destropropoxyphene (nondosage forms);
(6) Carfentanil;
(7) Dihydrocodeine;
(8) Diphenoxylate;
(9) Fentanyl;
(10) Isomethadone;
(11) Levomethorphan;
(12) Levorphanol;
(13) Metazocine;
(14) Methadone;
(15) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
(16) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid;
(17) Pethidine (meperidine);
(18) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;
(19) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
(20) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
(21) Phenazocine; or
(22) Remifentanil.
(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) Phenmetrazine and its salts; or
(4) Methylphenidate.
(e) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that 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; or
(5) Secobarbital.
(f) Immediate precursors. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation that contains any quantity of the following substances:
(1) Immediate precursor to amphetamine and methamphetamine
Phenylacetone (Some trade or other names: phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl ketone); or
(2) Immediate precursors to phencyclidine (PCP):
(A) 1-phenylcyclohexylamine; or
(B) 1-piperidinocyclohexanecarbonitrile.
[Acts 1989, ch. 591, § 1; 2000, ch. 884, § 1; 2007, ch. 298, §§ 5-7.]