§ 48–902.01. Administration.

(a) The Mayor shall administer this chapter and, with provision for public notice and comment, may add substances to or delete or reschedule all substances enumerated in the schedules in § 48-902.04, § 48-902.06, § 48-902.08, § 48-902.10 or § 48-902.12 pursuant to subchapter I of Chapter 5 of Title 2 and pursuant to the procedures set forth in this chapter. In making a determination regarding a substance, the Mayor shall 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 psychological or physiological dependence; and

(8) Whether the substance is an immediate precursor of a substance already controlled under this subchapter.

(b) After considering the factors enumerated in subsection (a) of this section and after complying with subchapter I of Chapter 5 of Title 2, the Mayor shall make findings with respect to the factors and issue a rule either controlling the substance if the Mayor finds that the substance has a potential for abuse or deleting the substance if the Mayor finds that the substance does not have a potential for abuse.

(c) If the Mayor 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.

(d) If any substance is designated, rescheduled, or deleted as a controlled substance under federal law, the Mayor may similarly designate, reschedule, or delete the controlled substance under this chapter, or may otherwise designate, reschedule or delete as a controlled substance pursuant to subsections (a) and (b) of this section.

(e) Authority to control under this section does not extend to tobacco or to distilled spirits, wine, or malt beverages, as those terms are defined or used in § 25-103.

(Aug. 5, 1981, D.C. Law 4-29, § 201, 28 DCR 3081; Aug. 1, 1985, D.C. Law 6-15, § 5, 32 DCR 3570; July 24, 1998, D.C. Law 12-136, § 2(a), 45 DCR 2942; June 19, 2013, D.C. Law 19-320, § 301(a), 60 DCR 3390.)

Prior Codifications

1981 Ed., § 33-511.

Section References

This section is referenced in § 22-2603.01, § 48-901.02, § 48-902.04, § 48-902.06, § 48-902.08, § 48-902.10, and § 48-902.12.

Effect of Amendments

The 2013 amendment by D.C. Law 19-320, in (d), substituted “the Mayor may similarly designate, reschedule, or delete the controlled substance” for “the Mayor may similarly propose to control or delete the substance” and added “or may otherwise designate, reschedule or delete as a controlled substance”.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 301(a) of the Omnibus Public Safety and Justice Amendment Act of 2012 (D.C. Act 19-599, January 14, 2013, 60 DCR 1017).

For temporary (90 days) amendment of (d), see § 301(a) of the Omnibus Criminal Code Amendments Congressional Review Emergency Amendment Act of 2013 (D.C. Act 20-44, April 1, 2013, 60 DCR 5381, 20 DCSTAT 1281).

References in Text

Section 25-103, referred to in subsection (e) of this section, is part of Title 25, D.C. Official Code, which title was amended and enacted by D.C. Law 13-298, effective May 3, 2001. For disposition of the subject matter of former Title 25, see the Disposition Table preceding § 25-101.

Editor's Notes

Pursuant to subsection (b), sufentanil was added to the list of enumerated controlled substances in Schedule II, appearing in subparagraph (A) of paragraph (1) of § 48-902.06, by an order published upon adoption of the rule in 32 DCR 1097.

Pursuant to subsection (b), buprenorphine was rescheduled from Schedule II to Schedule V of enumerated controlled substances appearing in § 48-902.12(3), by an order published upon adoption of the rule in 33 DCR 6908.

Pursuant to subsection (b), loperamide was deleted from Schedule V appearing in § 48-902.12(3) by an order published upon adoption of the rule in 34 DCR 4370.

Delegation of Authority

Delegation of Authority to implement D.C. Law 4-29, the “District of Columbia Uniformed Controlled Substances Act of 1981”, see Mayor’s Order 98-49, April 15, 1998 ( 45 DCR 2694).