Report Title:

Controlled Substances; Regulation

 

Description:

Revises the statutory listing of controlled substances. (SD1)

 

THE SENATE

S.B. NO.

1178

TWENTY-FIRST LEGISLATURE, 2001

S.D. 1

STATE OF HAWAII

  

 

A BILL FOR AN ACT

 

RELATING TO CONTROLLED SUBSTANCES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 329-1, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

""Controlled substance analogue" means a substance that is intended for human consumption:

(1) The chemical structure of which is substantially similar to the chemical structure of a controlled substance classified in section 329-14 or 329-16; or

(2) That has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in section 329-14 or 329-16; or

(3) With respect to a particular individual, a substance which that individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in section 329-14 or 329-16.

A controlled substance analogue, for the purpose of this chapter, shall be treated the same as the controlled substance classified in section 329-14 or 329-16 of which it is an analogue. "Controlled substance analogue" does not include any controlled substances already included in sections 329-16, 329-18, 329-20, and 329-22.

"Locum tenens practitioner" means a practitioner:

(1) That is licensed in this State and registered under section 329-32 to administer, prescribe, or dispense a controlled substance in the course of professional practice, who temporarily substitutes for another registered practitioner for a period not to exceed sixty days at that other practitioner's registered place of business; and

(2) Whose Drug Enforcement Administration controlled substance registration number has not been transferred to the State of Hawaii.

Locum tenens practitioners are not eligible to receive an oral code number as designated by section 328-16(j)."

SECTION 2. Section 329-11, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) If a substance is added, deleted, or rescheduled as a controlled substance under federal law and notice of the designation is given to the department [of public safety], the department [of public safety shall recommend that] may make a corresponding change in Hawaii law [be made]. The department [of public safety] shall adopt rules to similarly designate the substance as added, deleted, or rescheduled under this chapter, after the expiration of thirty days from publication in the Federal Register of a final order, and this change shall have the effect of law. [If a substance is added, deleted, or rescheduled under this subsection, the control shall be temporary and, if the next regular session of the state legislature has not made the corresponding changes in this chapter, the temporary designation of the added, deleted, or rescheduled substance shall be nullified.]"

SECTION 3. Section 329-14, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(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) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);

(2) Acetylmethadol;

(3) Allylprodine;

(4) Alphacetylmethadol (except levo- alphacetylmethadol [also known as], levomethadyl acetate, or LAAM);

(5) Alphameprodine;

(6) Alphamethadol;

(7) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);

(8) Alpha-methylthiofentanyl [(N-[1-methyl-2-(2-thienyl)ethyl-4-piperdinyl]-N-phenylpropanamide);] (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);

(9) Benzethidine;

(10) Betacetylmethadol;

(11) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide;

(12) Beta-hydroxy-3-methylfentanyl (N-[1-(2- hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide);

(13) Betameprodine;

(14) Betamethadol;

(15) Betaprodine;

(16) Clonitazene;

(17) Dextromoramide;

(18) Diampromide;

(19) Diethylthiambutene;

(20) Difenoxin;

(21) Dimenoxadol;

(22) Dimepheptanol;

(23) Dimethylthiambutene;

(24) Dioxaphetyl butyrate;

(25) Dipipanone;

(26) Ethylmethylthiambutene;

(27) Etonitazene;

(28) Etoxeridine;

(29) Furethidine;

(30) Hydroxypethidine;

(31) Ketobemidone;

(32) Levomoramide;

(33) Levophenacylmorphan;

(34) 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide);

(35) 3-methylthiofentanyl (N-[3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);

(36) Morpheridine;

(37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);

(38) Noracymethadol;

(39) Norlevorphanol;

(40) Normethadone;

(41) Norpipanone;

(42) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl] propanamide;

(43) PEPAP (1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine;

(44) Phenadoxone;

(45) Phenampromide;

(46) Phenomorphan;

(47) Phenoperidine;

(48) Piritramide;

(49) Proheptazine;

(50) Properidine;

(51) Propiram;

(52) Racemoramide;

(53) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide);

(54) Tilidine; and

(55) Trimeperidine."

SECTION 4. Section 329-16, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(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[.] including the following:

(A) Raw opium;

(B) Opium extracts;

(C) Opium fluid;

(D) Powdered opium;

(E) Granulated opium;

(F) Codeine;

(G) Ethylmorphine;

(H) Etorphine hydrochloride;

(I) Hydrocodone;

(J) Hydromorphone;

(K) Metopon;

(L) Morphine;

(M) Oxycodone;

(N) Oxymorphone; and

(O) Thebaine.

(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 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 decocanized coca leaves or extractions which do not contain cocaine or ecgonine; cocaine or any salt of isomer thereof."

SECTION 5. Section 329-16, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(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) Alfentanil;

(2) Alphaprodine;

(3) Anileridine;

(4) Bezitramide;

(5) Bulk Dextropropoxyphene (nondosage form);

(6) Carfentanil;

(7) Dihydrocodeine;

(8) Diphenoxylate;

(9) Fentanyl;

(10) Glutethimide;

(11) Isomethadone;

(12) Levo-alphacetylmethadol (LAAM);

(13) Levomethorphan;

(14) Levorphanol;

(15) Metazocine;

(16) Methadone;

(17) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;

(18) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid;

(19) Oxycodone;

(20) Pethidine[;] (Meperidine);

(21) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;

(22) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;

(23) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;

(24) Phenazocine;

(25) Piminodine;

(26) Racemethorphan;

(27) Racemorphan;

(28) Remifentanil;

[(28)] (29) Sufentanil."

SECTION 6. Section 329-16, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:

"(g) Hallucinogenic substances[, including but not limited to:] unless listed in another schedule, shall include but not be limited to:

Nabilone."

SECTION 7. Section 329-18, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Depressants. Unless listed in another schedule, any material, compound, mixture, or preparation [that contains] containing any quantity of the following substances having a depressant effect on the central nervous system:

(1) Any compound, mixture, or preparation containing amobarbital, secobarbital, pentobarbital, or any salt thereof and one or more other active medicinal ingredients which are not listed in any schedule;

(2) Any suppository dosage form containing amobarbital, secobarbital, 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 that contains any quantity of a derivative of barbituric acid or any salt thereof[;] (including the substance Butalbital);

(4) Chlorexadol;

(5) Ketamine hydrocloride;

(6) Lysergic acid;

(7) Lysergic acid amide;

(8) Methyprylon;

(9) Sulfondiethylmethane;

(10) Sulfonethylmethane;

(11) Sulfonmethane;

(12) Tiletamine/Zolazepam (Telazol)[.] or any salts thereof."

SECTION 8. Section 329-18, Hawaii Revised Statutes, is amended by amending subsection (h) to read as follows:

"(h) Hallucinogenic substances[, including but not limited to:] unless listed in another schedule, shall include but not be limited to: Dronabinol (synthetic), in sesame oil and encapsulated in a soft gelatin capsule in a United States Food and Drug Administration approved drug product."

SECTION 9. Section 329-20, Hawaii Revised statutes, is amended by amending subsection (d) to read as follows:

"(d) Stimulants. 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, 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 ((+)-norpseudoephedrine)

[(1)] (2) Diethylpropion;

[(2) Phentermine;

(3) Pemoline (including organometallic complexes and chelates thereof).]

(3) Fencamfamin;

(4) Fenproporex;

(5) Mazindol;

(6) Mefenorex;

(7) Modafinil;

(8) Phentermine;

(9) Pemoline (including organometallic complexes and chelates thereof);

(10) Pipradrol;

(11) Sibutramine;

(12) SPA ((-)-1-dimethylamino- 1,2-diphenylethane."

SECTION 10. Section 329-20, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:

"(g) Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below:

(1) Not more than one milligram of difenoxin and not less than twenty-five micrograms of atropine sulfate per dosage unit [(modafinil)]; and

(2) Dextropropoxyphene (alpha-(+)-4-dimethylamino-1, 2-diphenyl-3-methyl-2-propionoxybutane)."

SECTION 11. Section 329-61, Hawaii Revised Statutes, is amended to read as follows:

"§329-61 Substances subject to reporting. (a) List 1 chemicals. Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any of the following substances to any person in this State or for use in this State shall submit a report to the department [of public safety] of all those transactions:

(1) Phenyl-2-propanone;

(2) Methylamine[;] and its salts;

(3) Phenylacetic acid[;], its esters, and its salts;

(4) Ephedrine[;], its salts, optical isomers, and salts of optical isomers;

(5) Pseudoephedrine[;], its salts, optical isomers, and salts of optical isomers;

(6) Norpseudoephedrine[;], its salts, optical isomers, and salts of optical isomers;

(7) Phenylpropanolamine[;], its salts, optical isomers, and salts of optical isomers;

(8) Hydriodic acid;

(9) Benzyl cyanide;

(10) Benzyl chloride;

(11) N-methylformamide;

(12) N-methylephedrine[;], its salts, optical isomers, and salts of optical isomers;

(13) N-ethylephedrine;

(14) N-ethylpseudoephedrine;

(15) N-methylpseudoephedrine[;], its salts, optical isomers, and salts of optical isomers;

(16) Chloroephedrine;

(17) Chloropseudoephedrine;

(18) Ethylamine;

(19) D-lysergic acid;

(20) Ergotamine [tartrate;], and its salts;

(21) Piperidine[;] and its salts;

(22) N-acetylanthranilic acid[;], its esters, and its salts;

(23) Anthranilic acid[;], its esters, and its salts;

(24) Propionic anhydride;

(25) Isosafrole;

(26) Safrole;

(27) Piperonal;

(28) Thionychloride;

(29) Ergonovine [maleate;] and its salts;

(30) 3,4-Methylenedioxyphenyl-2-propanone;

(31) Benzaldehyde;

(32) Nitroethane;

(33) Red phosphorus;

(34) Iodine crystals;

[(35) Gamma butyrolactone (GBL).]

(35) Iodine at concentrations greater than 1.5 per cent by weight in a solution or matrix above the threshold of two ounces in a single transaction;

(36) Gamma butyrolactone (GBL) including butyrolactone; butyrolactone gamma; 4-butyrolactone; 2(3H)-furanone furanone; 1,2-butanolide; 1,4-butanolide; 4-butanolide; gamma-hydroxybutryric acid lactone; 3-hydroxybutyric acid lactone and 4-hydroxybutanoic acid lactone with Chemical Abstract Service number 98-48-0; and

(37) 1,4-butanediol, including butanediol; butane-1,4-diol; 1,4-butylene glycol; butylenes glycol; 1,4-dihydroxybutane; 1,4-tetramethylene glycol; tetramethylene glycol and tetramethylene1,4-diol.

(b) List 2 chemicals. Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any extraordinary quantity of any of the following chemicals, or sells, transfers, or otherwise furnishes the chemicals through the use of an uncommon method of payment or delivery or under any other circumstances that may make that person believe that the following chemicals could be used in violation of this part by any person in this State, shall report to the department all those transactions of:

(1) Acetic anhydride;

(2) Acetone;

(3) Benzyl chloride;

(4) Ethyl ether;

(5) Potassium permanganate;

(6) 2-Butanone (or methyl ethyl ketone or MEK);

(7) Toluene;

(8) Hydrochloric acid;

(9) Sulfuric acid;

(10) Methyl isobutyl ketone (MIBK)[.];

(11) Anhydrous ammonia;

(12) Hydrogen chloride;

(13) Methyl sulfone (MSM, DMS, Dimethyl sulfone or DMSO2);

(c) Additional chemicals. If a substance is added as a regulated List I or List II chemical under federal law and notice of the designation is given to the department, the department may recommend that a corresponding change in Hawaii law be made. The department may adopt rules to designate the substance as added under this chapter, after the expiration of thirty days from publication in the Federal Register of a final order, and this change shall have the effect of law."

SECTION 12. Section 329-65, Hawaii Revised Statutes, is amended to read as follows:

"§329-65 Penalty. (a) Any manufacturer, wholesaler, retailer, or other person who does not submit a report as with false or fictitious information shall be fined not more than $5,000, or imprisoned not more than thirty days, or both.

(b) Any manufacturer, wholesaler, retailer, or other person who has previously been convicted of violating subsection (a), upon a subsequent conviction thereof, shall be [fined not more than $100,000, or imprisoned not more than one year, or both.] guilty of a class C felony.

(c) Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any of the substances listed in section 329-61 with knowledge or the intent that the recipient will use the substance as a controlled substance analogue or to unlawfully manufacture any controlled substance shall be [fined not more than $100,000, or imprisoned not more than five years, or both.] guilty of a class B felony.

(d) Any manufacturer, wholesaler, retailer, or other person who possesses any of the substances listed in section 329-61 with the intent to use them as a controlled substance analogue or to illegally manufacture any controlled substance shall be fined not more than $100,000, or imprisoned not more than ten years, or both.

(e) Any person who possesses, sells, distributes, purchases for resale, or causes to be sold, distributed, or purchased for resale any ephedrine-containing product with a label that claims or implies that consumption of the product will produce effects such as ecstasy, euphoria, increased sexual sensations, legal "highs", and other similar effects shall be fined not more than $5,000, or imprisoned not more than one year, or both.

(f) It is unlawful for any person to knowingly or intentionally obtain or attempt to obtain any of the substances listed in section 329-61 or procure or attempt to procure any substances listed in section 329-61:

(1) By fraud, deceit, misrepresentation, embezzlement, or theft;

(2) By furnishing fraudulent documentation or information or the concealment of a material fact regarding the use, location, or ultimate user of the substances listed in section 329-61; or

(3) By the use of a false name, photo identification, general excises tax information, or the giving of a false address.

Any person who violates this section shall be fined not more than $100,000, or imprisoned not more than five years, or both."

SECTION 13. Section 329-101, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The information required by this section shall be transmitted: on an electronic device that is compatible with the receiving device of the central repository; or by computer diskette, magnetic tape, or pharmacy universal claim form that meets the specifications provided in the rules of the designated state agency. The information to be transmitted under subsection (b) shall include at least the following for each dispensation:

(1) The patient's name;

(2) The patient's identification number;

(3) The patient's date of birth;

(4) The patient's address;

[(4)] (5) The eight-digit national drug code number of the substance dispensed;

(6) The date the prescription was issued;

[(5)] (7) The date of dispensation;

[(6)] (8) The quantity and number of refills authorized;

[(7)] (9) The practitioner's Drug Enforcement Administration registration number;

[(8)] (10) The pharmacy's National Association of Boards of Pharmacy number and location; and

[(9)] (11) The practitioner's practice specialty and subspecialties, as determined by the applicable licensure boards."

SECTION 14. Statutory material to be repealed is bracketed and stricken; except bracketed material contained within the name of substances listed in section 329-14(b)(1), (7), (11), (12), (34), (35), (42), and (53), Hawaii Revised Statutes, or bracketed material which is also underscored in section 329-14(b)(8), Hawaii Revised Statutes, in section 3 of this Act is not to be repealed. New statutory material is underscored.

SECTION 15. This Act shall take effect upon its approval.