54.1-3443 - Board to administer article.
§ 54.1-3443. Board to administer article.
A. The Board shall administer this article and may add substances to ordeschedule or reschedule all substances enumerated in the schedules in thisarticle pursuant to the procedures of the Administrative Process Act (§2.2-4000 et seq.). In making a determination regarding a substance, the Boardshall consider the following:
1. The actual or relative potential for abuse;
2. The scientific evidence of its pharmacological effect, if known;
3. The state of current scientific knowledge regarding the substance;
4. The history and current pattern of abuse;
5. The scope, duration, and significance of abuse;
6. The risk to the public health;
7. The potential of the substance to produce psychic or physical dependence;and
8. Whether the substance is an immediate precursor of a substance alreadycontrolled under this article.
B. After considering the factors enumerated in subsection A, the Board shallmake findings and issue a regulation controlling the substance if it findsthe substance has a potential for abuse.
C. If the Board designates a substance as an immediate precursor, substanceswhich are precursors of the controlled precursor shall not be subject tocontrol solely because they are precursors of the controlled precursor.
D. If any substance is designated, rescheduled, or descheduled as acontrolled substance under federal law and notice of such action is given tothe Board, the Board may similarly control the substance under this chapterafter the expiration of 120 days from publication in the Federal Register ofthe final order designating a substance as a controlled substance orrescheduling or descheduling a substance without following the provisionsspecified in subsections A and B of this section.
E. Authority to control under this section does not extend to distilledspirits, wine, malt beverages, or tobacco as those terms are defined or usedin Title 4.1.
F. The Board shall exempt any nonnarcotic substance from a schedule if suchsubstance may, under the provisions of the federal Food, Drug and CosmeticAct (21 U.S.C. § 301 et seq.) or state law, be lawfully sold over the counterwithout a prescription.
(1972, c. 798, § 54-524.84:1; 1976, c. 614; 1988, c. 765; 1993, c. 866; 1996,c. 408.)