Chapter 9. Controlled Substances Act.
Subchapter I. Definitions.
§ 48–901.01. [Reserved].
§ 48–901.02. Definitions.
As used in this chapter, the term:
(1) “Administer” means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:
(A) A practitioner (or, in the practitioner’s presence, by the practitioner’s authorized agent); or
(B) The patient or research subject at the direction of and in the presence of the practitioner.
(2) “Agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. The term “agent” does not include a common or contract carrier, a public warehouseman, or an employee of the carrier or warehouseman, when acting in the usual and lawful course of the carrier’s or warehouseman’s business.
(3) “Cannabis” means all parts of the plant genus Cannabis, including both marijuana and hashish defined as follows:
(A) “Marijuana” includes the leaves, stems, flowers, and seeds of all species of the plant genus Cannabis, whether growing or not. The term “marijuana” does not include the resin extracted from any part of the plant, nor any compound, manufacture, salt, derivative, mixture, or preparation from the resin, including hashish and does not include the mature stalks of the plant, fiber produced from such stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.
(B) “Hashish” includes the resin extracted from any part of the plant genus Cannabis, and every compound, manufacture, salt, derivative, mixture, or preparation from such resin.
(3A) “Contraband” means an item the mere possession of which is unlawful under District or federal law.
(4) “Controlled substance” means a drug, substance, or immediate precursor, as set forth in Schedules I through V of subchapter II of this chapter.
(5) “Counterfeit substance” means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance.
(6) “D.E.A.” means the Drug Enforcement Administration of the United States Department of Justice or its successor agency.
(7) “Dispense” means to distribute a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery.
(8) “Dispenser” means a practitioner who dispenses.
(9) “Distribute” means the actual, constructive, or attempted transfer from one person to another other than by administering or dispensing of a controlled substance, whether or not there is an agency relationship.
(10) “Distributor” means a person who distributes.
(11) “Drug” means: (A) substances recognized as drugs in the official United States Pharmacopoeia, the official Homeopathic Pharmacopoeia of the United States, or the official National Formulary, or any supplement to any of them; (B) active substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals; (C) substances (other than food) intended to affect the structure or any function of the body of man or animals; and (D) substances intended for use as a component of any article specified in clause (A), (B), or (C) of this paragraph. The term “drug” does not include devices or their components, parts, or accessories.
(12) “Immediate precursor” means a substance which the Mayor has found to be, and by rule designates as being, the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture.
(13) “Manufacture” means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. The term “manufacture” does not include the preparation or compounding of a controlled substance by an individual for his or her own use or the preparation, compounding, packaging, or labeling of a controlled substance:
(A) By a practitioner as an incident to administering or dispensing a controlled substance in the course of the practitioner’s professional practice; or
(B) By a practitioner, or by his or her authorized agent under supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.
(14) “Mayor” means the Mayor as provided for in § 1-204.21, or the Mayor’s designated agent.
(15) “Narcotic drug” means 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:
(A) Opium, its phenanthrene alkaloids, and their derivatives (except isoquiniline alkaloids of opium);
(B) Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent to or identical with any of the substances referred to in subparagraph (A) of this paragraph;
(C) Opium poppy and poppy straw;
(D) Cocaine, its salts, optical and geometric isomers, and salts of isomers;
(E) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; and
(F) Any compound, mixture, or preparation that contains any of the substances referred to in this paragraph.
(16) “Opiate” means any drug or other substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability and includes its racemic and levorotatory forms. The term “opiate” does not include, unless specifically designated as controlled under § 48-902.01, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan).
(17) “Opium poppy” means the plant of the species Papaver somniferum L., except its seeds.
(18) “Person” means an individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, or association, or unincorporated business, or any other legal entity.
(19) “Poppy straw” means all parts, except the seeds, of the opium poppy, after mowing.
(20) “Practitioner” means:
(A) A physician, dentist, advanced practice registered nurse, veterinarian, scientific investigator, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in the District of Columbia; or
(B) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of its professional practice or research in the District of Columbia.
(21) “Production” includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance.
(22) “State” when applied to a part of the United States, includes any state, the District of Columbia, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States government.
(23) “Ultimate user” means a person who lawfully possesses a controlled substance for that person’s own use or for the use of a member of that person’s household or for administering to an animal owned by him or her or by a member of that person’s household.
(24) “Addict” means any individual who habitually uses any narcotic drug or abusive drug so as to endanger the public morals, health, safety, or welfare, or who is or has been so far addicted to the use of such narcotic drug or abusive drug as to have lost the power of self-control with reference to his addiction.
(25) “Retail value” means the value in the market in which the substance was being distributed, manufactured or possessed, or the amount which the person possessing such controlled substance reasonably could have expected to receive upon the sale of the controlled substance at the time and place where the controlled substance was distributed, manufactured or possessed.
(26) “Abusive drug” means 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:
(A) Phencyclidine or a phencyclidine immediate precursor;
(B) Methamphetamine, its salts, isomers, and salts of its isomers; and
(C) Phenmetrazine and its salts.
(27) “Isomer” means the optical isomer, except as used in §§ 48-902.04(3), (5), and (6) and 48-902.06(1)(D). As used in § 48-902.04(3), (5), and (6), “isomer” means any optical, positional, or geometric isomer. As used in § 48-902.06(1)(D), “isomer” means any optical or geometric isomer.
(28) “Real property” means any right, title, or interest in any tract of land, or any appurtenance or improvement on a tract of land.
(29) “Playground” means any facility intended for recreation, open to the public, and with any portion of the facility that contains one or more separate apparatus intended for the recreation of children, including, but not limited to, sliding boards, swingsets, and teeterboards.
(30) “Video arcade” means any facility legally accessible to persons under 18 years of age, intended primarily for the use of pinball and video machines for amusement, and which contains a minimum of 10 pinball or video machines.
(31) “Youth center” means any recreational facility or gymnasium, including any parking lot appurtenant thereto, intended primarily for use by persons under 18 years of age, which regularly provides athletic, civic, or cultural activities.
Subchapter II. Standards and Schedules.
§ 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.
§ 48–902.02. Nomenclature.
The controlled substances listed or to be listed in the schedules in §§ 48-902.04, 48-902.06, 48-902.08, 48-902.10 and 48-902.12 are included by whatever official, common, usual, chemical, or trade name designated.
§ 48–902.03. Schedule I tests.
The Mayor shall place a substance in Schedule I if the Mayor finds that the substance:
(1) Has high potential for abuse; and
(2) Has no accepted medical use in treatment in the United States or in the District of Columbia or lacks accepted safety for use in treatment under medical supervision.
§ 48–902.04. Schedule I enumerated.
The controlled substances listed in this section are included in Schedule I, unless and until removed therefrom pursuant to § 48-902.01:
(1) Unless specifically excepted or unless listed in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation:
(A) Acetylmethadol;
(B) Allylprodine;
(C) Alphacetylmethadol (except levo-alphacetylmethadol, also known as levo-alphaacetylmethadol, levomethadyl, accetate, or LAAM);
(D) Alphameprodine;
(E) Alphamethadol;
(F) Benzethidine;
(G) Betacetylmethadol;
(H) Betameprodine;
(I) Betamethadol;
(J) Betaprodine;
(K) Clonitazene;
(L) Dextromoramide;
(M) Diampromide;
(N) Diethylthiambutene;
(O) Difenoxin;
(P) Dimenoxadol;
(Q) Dimepheptanol;
(R) Dimethylthiambutene;
(S) Dioxaphetylbutyrate;
(T) Dipipanone;
(U) Ethylmethylthiambutene;
(V) Etonitazene;
(W) Etoxeridine;
(X) Furethidine;
(Y) Hydroxypethidine;
(Z) Ketobemidone;
(AA) Levomoramide;
(BB) Levophenacylmorphan;
(CC) Morpheridine;
(DD) Noracymethadol;
(EE) Norlevorphanol;
(FF) Normethadone;
(GG) Norpipanone;
(HH) Phenadoxone;
(II) Phenampromide;
(JJ) Phenomorphan;
(KK) Phenoperidine;
(LL) Piritramide;
(MM) Proheptazine;
(NN) Properidine;
(OO) Propiram;
(PP) Racemoramide;
(QQ) Thiophene;
(RR) Trimeperidine;
(SS) Acetyl-Alpha-Methylfentanyl;
(TT) Alphe-methylfentanyl;
(UU) Alpha-Methylthiofentanyl;
(VV) Beta-hydroxyfentanyl;
(WW) Beta-hydroxy-3-Methylfentanyl;
(XX) 3-Methylfentanyl;
(YY) 3-Methylthiofentanyl;
(ZZ) MPPP;
(AAA) Para-flurofentanyl;
(BBB) PEPAP;
(CCC) Thiofentanyl; and
(DDD) Tilidine;
(2) Unless specifically excepted or unless listed in another schedule, any of the following opium derivatives, its salts, isomers, and salts of isomers, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:
(A) Acetorphine;
(B) Acetyldihydrocodeine;
(C) Benzylmorphine;
(D) Codeine methylbromide;
(E) Codeine-N-Oxide;
(F) Cyprenorphine;
(G) Desomorphine;
(H) Dihydromorphine;
(I) Drotepanol;
(J) Etorphine (except hydrochloride salt);
(K) Diacetylated morphine (heroin);
(L) Hydromorphinol;
(M) Methyldesorphine;
(N) Methyldihydromorphine;
(O) Morphine methylbromide;
(P) Morphine methylsulfonate;
(Q) Morphine-N-Oxide;
(R) Myrophine;
(S) Nicocodeine;
(T) Nicomorphine;
(U) Normorphine;
(V) Pholcodine; and
(W) Thebacon;
(3) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, its salts, isomers and salts of isomers, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation :
(A) 4-bromo-2, 5-dimethoxyamphetamine;
(B) 2, 5 dimethoxyamphetamine;
(C) 4-methoxyamphetamine;
(D) 5-methoxy-3, 4-methylenedioxy amphetamine;
(E) 4-methyl-2,5-dimethoxyamphetamine;
(F) 3,4-methylenedioxyamphetamine [MDA];
(G) 3, 4, 5-trimethoxy amphetamine;
(G-i) 25I-NBOMe (also known as 4-iodo-2,5-dimethoxy-N-[(2-methoxyphenyl)methyl]-benzeneethanamine);
(G-ii) 25B-NBOMe (also known as 4-bromo-2,5-dimethoxy-N-[(2-methoxyphenyl)methyl]-benzeneethanamine)
(G-iii) 25C-NBOMe (also known as 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine);
(G-iv) 5-APB (also known as α-methyl-5-benzofuranethanamine);
(G-v) 5-APDB (also known as 2,3-dihydro-α-methyl-5-benzofuranethanamine);
(G-vi) 6-APB (also known as α-methyl-6-benzofuranethanamine);
(G-vii) 6-APDB (also known as 2,3-dihydro-α-methyl-6-benzofuranethanamine);
(G-viii) 3-methoxy-PCE (also known as N-ethyl-1-(3-methoxyphenyl)-cyclohexanamine);
(G-ix) 3-methoxy-PCP (also known as 1-[1-(3-methoxyphenyl)cyclohexyl]-piperidine);
(G-x) 4-methoxy-PCP (also known as 1-[1-(4-methoxyphenyl)cyclohexyl]piperidine);
(G-xi) 5-methoxy-DALT, also known as:
(i) 5-MeO-DALT; or
(ii) 5-methoxy-N,N-di-2-propen-1-yl-1H-indole-3-ethanamine;
(G-xii) 4-acetoxy DMT, also known as:
(i) 4-AcO-DMT; or
(ii) 3-[2-(dimethylamino)ethyl]-1H-indol-4-ol-4-acetate;
(H) Bufotenine;
(I) Diethyltryptamine;
(J) Dimethyltryptamine;
(K) Ethylamide analog of phencyclidine, PCE;
(L) Ibogaine;
(M) Lysergic acid diethylamide;
(M-i) Methoxetamine (also known as 2-(ethylamino)-2-(3-methoxyphenyl)cyclohexanone);
(N) Mescaline;
(O) Peyote;
(P) N-ethyl-3-piperidyl benzilate;
(Q) N-methyl-3-piperidyl benzilate;
(R) Psilocybin;
(S) Psilocyn;
(T) Pyrrolidine analog of phencyclidine, PCPY;
(U) Thiophene analog of phencyclidine;
(V) Repealed;
(W) Parahexyl;
(X) 4-bromo-2,5-dimethoxyphenethylamine;
(Y) 3,4-methylenedioxymethamphetamine [MDMA];
(Z) Alpha-methyltryptamine (other name: AMT);
(AA) 5-methoxy-N,N-diisopropyltryptamine (other name: 5- MeO-DIPT);
(BB) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (other name: 2C-T-7);
(CC) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);
(DD) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D);
(EE) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);
(FF) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I);
(GG) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2);
(HH) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C- T-4);
(II) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
(JJ) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N);
(KK) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P); and
(LL) Cathinone;
(4) Unless specifically excepted or unless listed in another schedule, any material, compound, or mixture, or preparation which 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:
(A) Mecloqualone;
(B) Methaqualone; and
(C) Gamma-hydroxybutyric acid (some other names include GHB; gamma-hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate);
(5) As used in this paragraph, the term "synthetic cathinones" includes any material, compound, mixture, or preparation that is not otherwise listed as a controlled substance in this schedule or in Schedules II through V, is not approved by the Food and Drug Administration as a drug, and is structurally derived from or contains any quantity of the following substances, their salts, isomers, homologues, analogues, and salts of isomers, homologues, and analogues, unless specifically excepted, whenever the existence of these salts, isomers, homologues, analogues, and salts of isomers, homologues, and analogues is possible within the specific chemical designation:
(A) Classified Synthetic Cathinones:
(i) Cathinones. Any compound, other than methylnenedioxy cathinones and pyrrolidine cathinones, containing a 2-amino-1-propanone structure with substitution at the 1-position with a monocyclic ring system, with or without alkyl, alkoxyl, or halo substitutions, and a substitution at the nitrogen atom by an alkyl group, cycloalkyl group, or incorporation into a heterocyclic structure. Examples of this structural class include:
(I) Mephedrone, also known as:
(aa) 2-(methylamino )-1-(4-methylphenyl)-1-propanone;
(bb) 4-MeMC;
(cc) 4-Methylmethcathinone;
(dd) 4-Methylephedrone; or
(ee) 4-MMC;
(II) Dimethylcathinone, also known as:
(aa) 2-(dimethylamino)-1-phenyl-1-propanone; or
(bb) N,N-Dimethylcathinone;
(III) Ethcathinone, also known as:
(aa) 2-(ethylamino)-1-phenyl-1-propanone;
(bb) Ethylcathinone;
(cc) N-Ethylcathinone; or
(dd) 2-Ethylaminobuphedro;
(IV) Buphedrone, also known as:
(aa) 2-(methylamino)-1-phenylbutan-l-one; or
(bb) MABP;
(V) 3,4-DMMC, also known as:
(aa) 1-(3,4-dimethylphenyl)-2-(methylamino)-1- propanone; or
(bb) 3,4-Dimethylmethcathinone;
(VI) EMC, also known as:
(aa) 1-(4-ethylphenyl)-2-(methylamino)propan-1-one;
(bb) 4-EMC; or
(cc) 4-Ethylmethcathinone;
(VII) Fluoromethcathinone (also known as 1-(4-fluorophenyl)-2-(methylamino) propan-1-one);
(VIII) 3-FMC, also known as:
(aa) 3-fluoro-N-methylcathinone); or
(bb) 1-(3-fluorophenyl)-2-(methylamino)propan-1- one;
(IX) 4-FMC, also known as:
(aa) 1-(4-fluorophenyl)-2-(methylamino)propan-1-one;
(bb) 4-fluoro-N-methylcathinone; or
(cc) Flephedrone;
(X) 4-MeBP, also known as:
(aa) 2-(methylamino)-1-(4-methylphenyl)-1-butanone;
(bb) 4-Methylbuphedrone;
(cc) 4-methyl BP; or
(dd) 4-MeMABP;
(XI) 3-MEC, also known as:
(aa) 2-(ethylamino )-1-(m-tolyl)propan-l-one; or
(bb) 3-Methyl-N-ethylcathinone;
(XII) 4-MEC, also known as:
(aa) 2-(ethylamino)-1-(4-methylphenyl)-1-propanone; or
(bb) 4-Methyl-N-ethylcathinone;
(XIII) 3-MMC, also known as:
(aa) 2-(methylamino)-1-(3-methylphenyl)-1-propanone;
(bb) 3-methyl MS; or
(cc) 3-Methylmethcathinone;
(XIV) Methedrone (also known as l-(4-methoxyphenyl)-2-(methylamino)-1-propanone); and
(XV) Pentedrone (also known as 2-(methylamino)-1-phenylpentan-1-one);
(ii) Methylenedioxy Cathinones. Any compound containing a 2- amino-1-propanone structure with substitution at the 1-position with a monocyclic or fused polycyclic ring system and a substitution at any position of the ring system with an alkyl, haloalkyl, halogen, alkylenedioxy, or alkoxy group, whether or not further substituted at any position on the ring system to any extent. Examples of this structural class include:
(I) 3-fluoromethylone;
(II) Methylone, also known as
(aa) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)-1-propanone; or
(bb) 3,4-Methylenedioxy-N-methylcathinone);
(III) N-ethyl Pentylone, also known as:
(aa) Ephylone; or
(bb) 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)-1-pentanone;
(IV) bk-MDDMA, also known as:
(aa) 1-(1,3-benzodioxol-5-yl)-2-(dimethylamino)propan-1-one;
(bb) Dimethylone;
(cc) N,N-dimethyl-3',4'-methylenedioxycathinone;
(dd) N,N-dimethyl-3,4-methylenedioxycathinone; or
(ee) N,N-Dimethyl MDCATH;
(V) Butylone, also known as 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one); and
(VI) Ethylone, also known as:
(aa) 3,4-Methylenedioxy-N-ethylcathinone; or
(bb) MDEC;
(iii) Pyrrolidine Cathinones. Any compound containing a 2-amino-1-propanone structure with substitution at the 1-position with an alkyl, cyclic, or fused polycyclic ring system and a substitution at the 3-position carbon with an alkyl, haloalkyl, halogen, alkoxy or alkylenedioxy group, and a substitution at the nitrogen atom incorporation into a heterocyclic structure, with or without further halogen substitutions. Examples include:
(I) α-PVP (also known as α-pyrrolidinopentiophenone);
(II) α-pyrrolidinopropiophenone, also known as:
(aa) 1-phenyl-2-(1-pyrrolidinyl)-l-propanone; or
(bb) α-PPP;
(III) α-PBP, also known as:
(aa) 1-phenyl-2-(1-pyrrolidinyl)-1-butanone; or
(bb) α-pyrrolidinobutiophenone;
(IV) MDPBP, also known as:
(aa) 1-(1,3-benzodioxol-5-yl)-2-(1-pyrrolidinyl)-1-butanone;
(bb) 3,4-Methylenedioxy-α-Pyrrolidinobutiophenone; or
(cc) 3,4-MDPBP;
(V) MDPPP, also known as:
(aa) 1-(1,3-benzodioxol-5-yl)-2-(1-pyrrolidinyl)-1-propanone; or
(bb) 3,4-Methylenedioxy-α-Pyrrolidinopropiophenone;
(VI) MDPV, also known as:
(aa) 1-(1,3-benzodioxol-5-yl)-2-(1-pyrrolidinyl)-1-pentanone; or
(bb) 3,4-Methylenedioxy Pyrovalerone;
(VII) 4-MePPP, also known as
(aa) 4'-methyl-α-Pyrrolidinopropiophenone;
(bb) 4'-methyl PPP; or
(cc) 2-(pyrrolidin-l-yl)-1-(p-tolyl)propan-l-one;
(VIII) 4'-methyl PHP, also known as:
(aa) 4'-methyl-α-pyrrolidinohexanophenone;
(bb) MPHP;
(cc) 4'-methyl-α-PHP; or
(dd) PV4;
(IX) Naphyrone, also known as:
(aa) (RS)-1-naphthalen-2-yl-2-pyrrolidin-l- ylpentan-1-one; or
(bb) Naphpyrovalerone; and
(X) C-PVP, also known as:
(aa) 4-Chloro-α-PVP; or
(bb) 1-(4-chlorophenyl)-2-(pyrrolidin-1-yl)pentan- 1-one; or
(iv) Piperazine Stimulants. Any compound containing or structurally derived from a piperazine, or diethylenediamine, structure with or without substitution at one of the nitrogen atoms of the piperazine ring to any extent, including alkyl, cycloalkyl, or fused ring systems, with or without further halogen substitutions. Examples include:
(I) BZP, also known as:
(aa) 1-(phenylmethyl)-piperazine;
(bb) 1-Benzylpiperazine; or
(cc) N-Benzylpiperazine; and
(II) TMFPP, also known as:
(aa) 1-[3-(trifluoromethyl)phenyl]-piperazine;
(bb) 1-(m-Trifluoromethylphenyl) piperazine; or
(cc) 3-Trifluoromethylphenylpiperazine.
(B) Unclassified Synthetic Cathinones:
(i) Aminorex (also known as (RS)-5-phenyl-4,5-dihydro-1,3-oxazol-2-amine);
(ii) α-ET, also known as:
(I) α-ethyl-1H-indole-3-ethanamine;
(II) α-ethyltryptamine; or
(III) 3-Indolybutylamine;
(iii) α-MT, also known as:
(I) α-methyl-1H-indole-3-ethanamine; or
(II) α-methyltryptamine;
(iv) EMA, also known as:
(I) N-ethyl-α-methyl-benzeneethanamine; or
(II) N-Ethylamphetamine;
(v) Fenethylline (also known as (RS)-1,3-dimethyl-7-[2-(1-phenylpropan-2-ylamino)ethyl]purine-2,6-dione);
(vi) N-hydroxy MDA, also known as:
(I) MDOH;
(II) N-hydroxy-α-methyl-1,3-benzodioxole-5-ethanamine;
(III) N-Hydroxy-3,4-methylenedioxyamphetamine; and
(vii) N,N-DMA, also known as:
(I) N,N,α-trimethyl-benzeethanamine;
(II) N,N-Dimethylamphetamine;
(III) Dimetamfetamine; or
(IV) Metrotonin.
(6) Synthetic cannabimimetic agents (also known as "synthetic cannabinoids"), which includes, unless specifically exempted, unless listed in another schedule, or unless approved by the Food and Drug Administration as a drug, any material, mixture, preparation, any compound structurally derived from, or that contains any quantity of the following synthetic substances, its salts, isomers, homologues, analogues and salts of isomers, homologues, and analogues, whenever the existence of these salts, isomers, homologues, analogues, and salts of isomers, homologues, and analogues is possible within the specific chemical designation:
(A) Classified Synthetic Cannabimimetic Agents:
(i) Adamantanoylindoles: Any compound containing or structurally derived from an adamantanyl-(1H-indol-3-yl)methanone structure with or without substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3- morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, 1-methylazepanyl, phenyl, or halophenyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the adamantyl ring to any extent. Examples include:
(I) AB-001, also known as:
(aa) (1s,3s)-adamantan-1-yl(1-pentyl-1H-indol-3-yl)methanone; or
(bb) JWH 018 adamantyl analog; and
(II) AM-1248, also known as:
(aa) [1-[(1-methyl-2-piperidinyl)methyl]-1H-indol-3-yl]tricyclo[3.3.1.13,7]dec-1-yl-methanone; or
(bb) AM1248;
(ii) Benzimidazole Ketone: Any compound containing or structurally derived from (benzimidazole-2-yl) methanone structure with or without substitution at either nitrogen atom of the benzimidazole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, 1-methylazepanyl, phenyl, or halophenyl group, with substitution at the carbon of the methanone group by an adamantyl, naphthyl, phenyl, benzyl, quinolinyl, cycloalkyl, 1-amino-3-methyl-1-oxobutan-2-yl, 1-amino-3, 3-dimethyl-1-oxobutan-2-yl, 1-methoxy-3-methyl-1-oxobutan-2-yl, 1-methoxy-3, 3-dimethyl-1-oxobutan-2-yl or pyrrole group, and whether or not further substituted in the benzimidazole, adamantyl, naphthyl, phenyl, pyrrole, quinolinyl, or cycloalkyl rings to any extent. Benzimidazole Ketones include:
(I) FUBIMINA, also known as:
(aa) (1-(5-fluoropentyl)-1H-benzo[d]imidazol-2-yl)(naphthalen-1-yl)methanone; or
(bb) AM2201 benzimidazole analog; and
(II) JWH-018 benzimidazole analog, also known as:
(aa) naphthalen-1-yl(1-pentyl-1H-benzo[d]imidazol-2-yl)methanone; or
(bb) BIM-018;
(iii) Benzoylindoles: Any compound containing or structurally derived from a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, cyanoalkyl, hydroxyalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. Examples include:
(I) AM-630, also known as:
(aa) [6-iodo-2-methyl-1-[2-(4-morpholinyl)ethyl]-1H-indol-3-yl](4-methoxyphenyl)-methanone;
(bb) AM630; or
(cc) Iodopravadoline ;
(II) AM-661 (also known as 1-(N-methyl-2-piperidine)methyl-2-methyl-3-(2-iodo)benzoylindole);
(III) AM-679, also known as:
(aa) (2-iodophenyl)(1-pentyl-1H-indol-3-yl)methanone; or
(bb) AM679;
(IV) AM-694, also known as:
(aa) [1-(5-fluoropentyl)-1H-indol-3-yl](2-iodophenyl)-methanone;
(bb) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole; or
(cc) AM694;
(V) AM-1241, also known as:
(aa) (2-iodo-5-nitrophenyl)-(1-(1-methylpiperidin-2-ylmethyl)-1H-indol-3-yl)methanone; or
(bb) AM1241;
(VI) AM-2233, also known as:
(aa) (2-iodophenyl)[1-[(1-methyl-2-piperidinyl)methyl]-1H-indol-3-yl]-methanone; or
(bb) AM2233;
(VII) RCS-4, also known as:
(aa) (4-methoxyphenyl)(1-pentyl-1H-indol-3-yl)methanone; or
(bb) SR-19; and
(VIII) WIN 48,098, also known as
(aa) (4-methoxyphenyl)[2-methyl]-1-[2-(4-morpholinyl)ethyl]-1H-indol-3-yl]-methanone; or
(bb) "Pravadoline";
(iv) Carbazole Ketone: Any compound containing or structurally derived from (9H-carbazole-3-yl) methanone structure with or without substitution at the nitrogen atom of the carbazole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, 1-methylazepanyl, phenyl, or halophenyl group with substitution at the carbon of the methanone group by an adamantyl, naphthyl, phenyl, benzyl, quinolinyl, cycloalkyl, 1-amino-3-methyl-1-oxobutan-2-yl, 1-amino-3, 3-dimethyl-1-oxobutan-2-yl, 1-methoxy-3-methyl-1-oxobutan-2-yl, 1-methoxy-3, 3-dimethyl-1-oxobutan-2-yl or pyrrole group, and whether or not further substituted at the carbazole, adamantyl, naphthyl, phenyl, pyrrole, quinolinyl, or cycloalkyl rings to any extent. Examples include EG-018 (also known as naphthalen-1-yl(9-pentyl-9H-carbazol-3-yl)methanone);
(v) Indazole Amide: Any compound containing or structurally derived from 3-carboxamide-lH-indazoles, whether or not substituted in the indazole ring to any extent and substituted to any degree on the carboxamide nitrogen and 3-carboxamide-1H-indoles, whether or not substituted in the indole ring to any extent and substituted to any degree on the carboxamide nitrogen. Examples include:
(I) AB-CHMINACA (also known as N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide);
(II) AB-FUBINACA (also known as N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide);
(III) AB-PINACA (also known as N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide);
(IV) 5F AB-PINACA, also known as:
(aa) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide); or
(bb) 5-fluoro AB-PINACA;
(V) ADB-FUBINACA (also known as N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1-H-indazole-3-carboxamide);
(VI) ADB-PINACA (also known as N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-l-pentyl-1H-indazole-3-carboxamide);
(VII) 5F ADB-PINACA, also known as:
(aa) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide); or
(bb) 5-fluoro ADB-PINACA;
(VIII) FUB-AMB, also known as:
(aa) methyl (1-(4-fluorobenzyl)-1H-indazole-3-carbonyl)-L-valinate;
(bb) AMB-FUBINACA; or
(cc) MMB-FUBINACA;
(IX) 5-fluoro-AMB (also known as (S)-methyl 2-(1-(5-fluoropentyl)-lH-indazole-3-carboxamido)-3-methylbutanoate);
(X) MAB-CHMINACA (also known as N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide );
(XI) MMB CHMINACA, also known as:
(aa) methyl (S)-2-(l-(cyclohexylmethyl)-IH-indole-3-carboxamido )-3,3-dimethylbutanoate; or
(bb) MDMB-CHMICA;
(XII) 5F MN-18, also known as:
(aa) 1-(5-fluoropentyl)-N-1-naphthalenyl-IH-indazole-3-carboxamide; or
(bb) 5-fluoro MN-18;
(XIII) 5F-APINACA, also known as:
(aa) 5-fluoro-APINACA
(bb) 5F-AKB-48;
(cc) 5F-AKB48;
(dd) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide; or
(ee) N-(1-adamantyl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide); and
(XIV) APINACA, also known as:
(aa) AKB-48;
(bb) AKB48;
(cc) 1-pentyl-N-tricyclo[3.3.l .13,7]dec-1-yl-1H-indazole-3-carboxamide; or
(dd) N-(1-adamantyl)-1-pentyl-lH-indazole-3-carboxamide;
(vi) Cyclohexylphenols: Any compound containing or structurally derived from 2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position of the phenolic ring by alkyl, haloalkyl, cyanoalkyl, hydroxyalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group, whether or not further substituted in the cyclohexyl ring to any extent. Examples include:
(I) CP 47,497 (also known as 2-[(1S,3R)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol);
(II) CP 47,497 C8 homologue, also known as:
(aa) rel-2-[(1S,3R)-3-hydroxycyclohexyl]-5-(2-methylnonan-2-yl)phenol; or
(bb) Cannabicyclohexanol;
(III) CP 55,490;
(IV) CP 55,940 (also known as 5-(1,1-dimethylheptyl)-2-[(1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl]-phenol); and
(V) CP 56,667;
(vii) Cyclopropanoylindoles: Any compound containing or structurally derived from 3-(cyclopropylmethanoyl)indole, 3-(cyclopropylmethanone)indole, 3-(cyclobutylmethanone)indole or 3-(cyclopentylmethanone)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, and whether or not substituted on the cyclopropyl, cyclobutyl, or cyclopentyl rings to any extent. Cyclopropanoylindoles include cyclopropylmethanone indoles, as well as other cycloalkanemethanones, whether or not substituted at the nitrogen atom on the indole ring, whether or not further substituted in the indole ring to any extent, and whether or not substituted on the cycloalkane ring to any extent. Examples of this structural class include:
(I) A-796,260, also known as:
(aa) [1-[2-(4-morpholinyl)ethyl]-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)-methanone; or
(bb) A-796260;
(II) A-834,735, also known as:
(aa) [1-[(tetrahydro-2H-pyran-4-yl)methyl]-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)-methanone; or
(bb) A-834735;
(III) AB-034 (also known as [1-[(N-methylpiperidin-2-yl)methyl]-1H-indole-3-yl]-(2,2,3,3-tetramethylcyclopropyl)methanone);
(IV) UR-144 (also known as 1-pentyl-3-(2, 2, 3, 3-tetramethylcyclopropoyl)indole);
(V) 5-bromo-UR-144, also known as:
(aa) [1-(5-bromopentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)-methanone; or
(bb) UR-144 N-(5-bromopentyl) analog;
(VI) 5-chloro-UR-144, also known as:
(aa) 1-(5-chloropentyl)-3-(2, 2, 3, 3-tetramethylcyclopropoyl)indole; or
(bb) 5Cl-UR-144;
(VII) XLR11, also known as:
(aa) 1-(5-fluoropentyl)-3-(2,2,3, 3-tetramethylcyclopropoyl)indole;
(bb) 5-FUR-144; or
(cc) 5-fluoro UR-144; and
(VIII) FUB-144 (also known as [1-(4-Fluorobenzyl)-lH-indol-3-yl](2,2,3 ,3-tetramethylcyclopropyl)methanone);
(viii) Hexahydrodibenzopyrans: Any compound containing or structurally derived from Hexahydrodibenzopyrans, whether or not substituted in the tricyclic ring system, except where contained in cannabis or cannabis resin;
(ix) Indazole Ester (also known as Carboxylate indazole): Any compound containing or structurally derived from 3-carboxylate-indazoles, whether or not substituted in the indazole ring to any extent or substituted to any degree on the carboxylate, whether or not substituted to any extent in the indazole ring or on the carboxylate oxygen. Examples of indazole esters include 5-fluoro SDB-005, also known as:
(I) naphthalen-1-yl 1-(5-fluoropentyl)-1H-indazole-3-carboxylate; or
(II) 5F SDB-005;
(x) Indole Amides: Any compound containing or structurally derived from or containing a 1H-Indole-3-carboxamide structure with or without substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3- morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, 1-methylazepanyl, phenyl, or halophenyl group, whether or not substituted at the carboxamide group by an adamantyl, naphthyl, phenyl, benzyl, quinolinyl, cycloalkyl, 1-amino-3-methyl-1-oxobutan-2-yl, 1-amino-3, 3-dimethyl-1-oxobutan-2-yl, 1-methoxy-3-methyl-1-oxobutan-2-yl, 1-methoxy-3, 3-dimethyl-1-oxobutan-2-yl or pyrrole group and whether or not further substituted in the indole, adamantyl, naphthyl, phenyl, pyrrole, quninolinyl, or cycloalkyl rings to any extent. Indole amides include:
(I) Adamantylamidoindoles, or any compound containing or structurally derived from an N-(adamantyl)-indole-3-carboxamide structure, whether or not further substituted in the indole ring to any extent and whether or not substituted in the adamantyl ring to any extent;
(II) Adamantylindoles, or any compound containing or structurally derived from an N-(adamantyl)-indole-3-carboxamide with substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, and whether or not substituted on the adamantyl ring to any extent;
(III) 5F ABICA, also known as:
(aa) (S)-N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-indole-3-carboxamide;
(bb) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-indole-3-carboxamide; or
(cc) 5-fluoro ABICA;
(IV) ADBICA (also known as N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indole-3-carboxamide));
(V) 5F-ADBICA, also known as:
(aa) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-indole-3-carboxamide; or
(bb) 5-fluoro-ADBICA;
(VI) NNE1 (also known as N-(naphthalen-1-yl)-1-pentyl-1H-indole-3-carboxamide);
(VII) 5F-NNE1, also known as:
(aa) 1-(5-fluoropentyl)-N-(naphthalene-1-yl)-1H-indole-3-carboxamide); or
(bb) 5-fluoro-NNE1;
(VIII) SDB-006 (also known as N-benzyl-1-pentyl-1H- indole-3-carboxamide);
(IX) 5F-SDB-006, also known as:
(aa) N-benzyl-1-(5-fluoropentyl)-1H-indole-3-carboxamide); or
(bb) 5-fluoro-SDB-006;
(X) 2NE 1, also known as:
(aa) APICA;
(bb) JWH 018 adamantyl carboxamide; or
(cc) 1-pentyl-N-tricyclo[3.3. l .13, 7]dec-1-yl-1H-indole-3-carboxamide;
(XI) STS-135, also known as:
(aa) 1-(5-fluoropentyl)-N-tricyclo[3.3. l. l 3, 7]dec-1-yl-l H-indole-3-carboxamide;
(bb) N-adamantyl-l-fluoropentylindole-3-Carboxamide;
(cc) 5F-APICA; or
(dd) 5-fluoro-APICA;
(XII) SDB-006 (also known as N-benzyl-1-pentyl-lH-indole-3-carboxamide); and
(XIII) 5-fluoro-MDMB-PICA (also known as N-[[1-(5-fluoropentyl)-1H-indol-3-yl]carbonyl]-3-methyl-L-valine, methyl ester);
(xi) Indole Esters: Any compound containing or structurally derived from a 1H-Indole-3-carboxylate structure with or without substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, 1-methylazepanyl, phenyl, or halophenyl group, whether or not substituted at the carboxylate group by an adamantyl, naphthyl, phenyl, benzyl, quinolinyl, cycloalkyl, 1-amino-3-methyl-1-oxobutan-2-yl, 1-amino-3, 3-dimethyl-1-oxobutan-2-yl, 1-methoxy-3-methyl-1-oxobutan-2-yl, 1-methoxy-3, 3-dimethyl-1-oxobutan-2-yl or pyrrole group and whether or not further substituted in the indole, adamantyl, naphthyl, phenyl, pyrrole, quinolinyl, or cycloalkyl rings to any extent. Indole esters may also be referred to as Quinolinylindolecarboxylates. Indole esters include:
(I) Quinolinyl ester indoles, or any compound containing or structurally derived from Quinolinyl ester indoles, being any compound containing or structurally derived from 1H-indole-3carboxylic acid-8-quinolinyl ester, whether or not substituted in the indole ring to any extent or the quinolone ring to any extent;
(II) BB-22, also known as:
(aa) 1-(cyclohexylmethyl)-8-quinolinyl ester-1H-indole-3-carboxylic acid;
(bb) quinolin-8-yl 1-(cyclohexylmethyl)-1H-indole-3-carboxylate; or
(cc) QUCHIC;
(III) FDU-PB-22 (also known as naphthalen-1-yl 1-(4-fluorobenzyl)-1H-indole-3-carboxylate);
(IV) FUB-PB-22, also known as:
(aa) 1-[(4-fluorophenyl)methyl]-1H-indole-3-carboxylic acid, 8-quinolinyl ester; or
(bb) Quinolin-8-yl 1-(4-fluorobenzyl)-1H-indole-3-carboxylate;
(V) NM2201, also known as:
(aa) naphthalen-1-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate; or
(bb) CBL-2201;
(VI) PB-22, also known as:
(aa) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid;
(bb) quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate;
(cc) 8-Quinolinyl 1-pentyl-1H-indole-3-carboxylate; or
(dd) "QUPIC"; and
(VII) 5F-PB-22, also known as:
(aa) 1-(5-fluoropentyl)-8-quinolinyl ester-1H-indole-3-carboxylic acid;
(bb) quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate;
(cc) 8-Quinolinyl 1-(5-fluoropentyl)-1H-indole-3-carboxylate;
(dd) 5-fluoro-PB-22; or
(ee) 5-fluoro QUPIC;
(xii) Naphthoylindoles: Any compound containing or structurally derived from 3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-naphthyl)methane by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, cyanoalkyl, hydroxyalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl group, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group, whether or not further substituted in the naphthyl ring to any extent, including the following: AM-678, AM-1220, AM-1221, AM-1235, AM-2232, EAM-2201, JWH-004, JWH-007, JWH-009, JWH-011, JWH-015, JWH-016, JWH-018, JWH-019, JWH-020, JWH-022, JWH-046, JWH-047, JWH-048, JWH-049, JWH-050, JWH-070, JWH-071, JWH-072, JWH-073, JWH-076, JWH-079, JWH-080, JWH-081, JWH-082, JWH-094, JWH-096, JWH-098, JWH-116, JWH-120, JWH-122, JWH-148, JWH-149, JWH-164, JWH-166, JWH-180, JWH-181, JWH-182, JWH-189, JWH-193, JWH-198, JWH-200, JWH-210, JWH-211, JWH-212, JWH-213, JWH-234, JWH-235, JWH-236, JWH-239, JWH-240, JWH-241, JWH-242, JWH-258, JWH-262, JWH-386, JWH-387, JWH-394, JWH-395, JWH-397, JWH-398, JWH-399, JWH-400, JWH-412, JWH-413, JWH-414, JWH-415, JWH-424, MAM-2201, WIN 55-212. Napthoylindoles also include:
(I) AM-2201 (also known as (1-(5-fluoropentyl)-3-(1-naphthoyl)indole); and
(II) WIN 55,212-2, also known as:
(aa) (R)-(+)-[2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-napthalenylmethanone; or
(bb) [2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[(1,2,3-de)-1,4-benzoxazin-6-yl]-1-napthalenylmethanone);
(xiii) Naphthoylnaphthalenes: Any compound containing or structurally derived from naphthalene-1-yl-(naphthalene-1-yl) methanone with substitutions on either of the naphthalene rings to any extent. Naphthoylnaphthalenes include CB-13 (also known as CRA-13 or 1-naphthalenyl[4-(pentylox)-1-naphthalenyl]-methanone);
(xiv) Naphthoylpyrroles: Any compound containing or structurally derived from 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring by alkyl, haloalkyl, cyanoalkyl, hydroxyalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent, including the following: JWH-030, JWH-031, JWH-145, JWH-146, JWH-147, JWH-150, JWH-156, JWH-243, JWH-244, JWH-245, JWH-246, JWH-292, JWH-293, JWH-307, JWH-308, JWH-309, JWH-346, JWH-348, JWH-363, JWH-364, JWH-365, JWH-367, JWH-368, JWH-369, JWH-370, JWH-371, JWH-373, JWH-392;
(xv) Naphthylamidoindoles: Any compound containing or structurally derived from a N-(naphthyl)-indole-3-carboxamide structure, whether or not further substituted to any extent in the indole ring or in the naphthyl ring;
(xvi) Naphthylmethyl Indoles: Any compound containing orstructurally derived from 1H-indol-3-yl-(1-naphthyl)methane structure, also known as napthylmethylindoles, with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2- (4-morpholinyl)ethyl group, or 1-(N-methyl-2-pyrrolidinyl)methyl, l-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group, whether or not further substituted on the indole ring to any extent and whether or not substituted on the naphthyl ring to any extent. Examples of this structural class include:
(I) JWH-175 (also known as 3-(1-naphthalenylmethyl)-1-pentyl-1 H-indole );
(II) JWH-184 (also known as 3-[(4-methyl-1-naphthalenyl)methyl)-1-pentyl-l H-indole);
(III) JWH-185 (also known as 3-[(4-methoxy-1-naphthalenyl)methyl]-1 -pentyl-1 H-indole);
(IV) JWH-192 (also known as (1-(2-morpholin-4-ylethyl)indol-3-yl)-4-methylnaphthalen-1-ylmethane);
(V) JWH-194 (also known as 2-methyl-1-pentyl-lH-indol-3-yl-( 4-methyl-1-naphthyl)methane);
(VI) JWH-195 (also known as (1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethane);
(VII) JWH-196 (also known as 2-methyl-3-(1-naphthalenylmethyl)-1-pentyl-lH-Indole);
(VIII) JWH-197 (also known as 2-methyl-l-pentyl-lH-indol-3-yl-( 4-methoxy-1-naphthyl)methane); and
(IX) JWH-199 (also known as (1-(2-morpholin-4-ylethyl)indol-3-yl)-4-methoxynaphthalen-1-ylmethane);
(xvii) Naphthylmethylindenes: Any compound containing or structurally derived from a naphthylideneindene structure or that is structurally derived from 1-(1-naphthylmethyl)indene with substitution at the 3-position of the indene ring by alkyl, haloalkyl, cyanoalkyl, hydroxyalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-( 4-morpholinyl)ethyl, or 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent. Examples include:
(I) JWH-171;
(II) JWH-176 (also known as 1-[(E)-(3-pentyl-1 H-inden-1-ylidene)methyl]-naphthalene); and
(III) JWH-220;
(xviii) Phenylacetylindoles: Any compound containing or structurally derived from 3-phenylacetylindole by substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, cyanoalkyl, hydroxyalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent, including: JWH-167, JWH-201, JWH-202, JWH-203, JWH-204, JWH-205, JWH-206, JWH-207, JWH-208, JWH-209, JWH-237, JWH-248, JWH-249, JWH-250, JWH-251, JWH-253, JWH-302, JWH-303, JWH-304, JWH-305, JWH-306, JWH-311, JWH-312, JWH-313, JWH-314, JWH-315, JWH-316, RCS-8, SR-18, and Cannabipiperidiethanone (also known as 2-(2-methoxyphenyl)-1-[1-[(1-methyl-2-piperidinyl)methyl]-1H-indol-3-yl]-ethanone);
(xix) Quinolinoyl pyrazole: Any compound containing or structurally derived from Quinolinoyl pyrazole carboxylate (also known as Quinolinyl fluoropentyl fluorophenyl pyrazole carboxylate);
(xx) Tetrahydrobenzochromen: Any compound containing or structurally derived from (6aR,10aR)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol. Includes tetrahydrodibenzopyrans, or any compound containing or structurally derived from tetrahydrodibenzopyrans, whether or not substituted in the tricyclic ring system, but does not include tetrahydrodibenzopyrans that are contained in cannabis or cannabis resin. Examples of this structural class include:
(I) AM-087 (also known as (6aR,10aR)-3-(2-methyl-6-bromohex-2-yl)- 6,6,9-trimethyl-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol);
(II) AM-411 (also known as (6aR,10aR)-3-(1-adamantyl)-6,6,9-trimethyl-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol);
(III) HU-210, also known as:
(aa) 3-(1,1'-dimethylheptyl)-6aR,7,10,10aR-tetrahydro-1-hydroxy-6,6-dimethyl-6H-dibenzo[b,d]pyran-9-methanol;
(bb) [(6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a- tetrahydrobenzo[c]chromen-1-ol;
(cc) 1,1-Dimethylheptyl-11-hydroxytetrahydrocannabinol; or
(dd) 1,1-dimethylheptyl-11-hydroxy-delta8-tetrahydrocannabinol;
(IV) HU-211, also known as:
(aa) 3-(1,1-dimethylheptyl)-6aS,7,10,10aS-tetrahydro-1-hydroxy-6,6-dimethyl-6H-dibenzo[b,d]pyran-9-methanol;
(bb) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol;
(cc) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol; or
(dd) "Dexanabinol";
(V) HU-243, also known as
(aa) (6aR,8S,9S,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-8,9-ditritio-7,8,10,10a-tetrahydro-6aH-benzo[c]chromen-1-ol; or
(bb) 3-dimethylheptyl-11-hydroxyhexahydrocannabinol;
(VI) JWH-051 (also known as (6aR,10aR)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-9-yl)methanol);
(VII) JWH-133 (also known as (6aR,10aR)-3-(1,1-Dimethylbutyl) -6a,7,10,10a-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran); and
(VIII) JWH-359 (also known as (6aR,10aR)- 1-methoxy-6,6,9-trimethyl- 3-[(2R)-1,1,2-trimethylbutyl]- 6a,7,10,10a-tetrahydrobenzo[c]chromene);
(xxi) Δ8 Tetrahydrocannabinol: Any compound containing or structurally derived from 11-hydroxy-Δ8-tetrahydrocannabinol structure, also known as dibenzopyrans, with further substitution on the 3-pentyl group by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkyethyl, 1-(n-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group;
(xxii) Tetramethylcyclopropane-thiazole carboxamides: Any compound containing or structurally derived from 2,2,3,3-tetramethyl-N-(thiazol-2-ylidene)cyclopropanecarboxamide by substitution at the nitrogen atom of the thiazole ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or 2- (4-morpholinyl)alkyl, whether or not further substituted in the thiazole ring to any extent and whether or not substituted in the tetramethylcyclopropyl ring to any extent, including the group Tetramethylcyclopropyl thiazoles, or any compound containing or structurally derived from 2,2,3,3-tetramethyl-N-(thiazol- 2-ylidene)cyclopropanecarboxamide by substitution at the nitrogen atom of the thiazole ring, whether or not further substituted in the thiazole ring to any extent, whether or not substituted in the tetramethylcyclopropyl ring to any extent. Tetramethylcyclopropane-thiazole carboxamides also include A-836,339, also known as:
(I) [N(Z)]-N-[3-(2-methoxyethyl)-4,5-dimethyl-2(3H)-thiazolylidene]-2,2,3,3-tetramethyl-cyclopropanecarboxamide;
(II) N-[3-(2-Methoxyethyl)-4,5-dimethyl-1,3-thiazol-2(3H)-ylidene]-2,2,3,3-tetramethylcyclopropanecarboxamide: and
(III) A-836339;
(xxiii) Benzodihydropyrans: Any compound containing or structurally derived from benzodihydropyrans, by substitution on the benzyl ring by hydroxy, alkyl, haloalkyl, alkoxy, cycloalkyl, alkene, haloalkene, cycloalkane, or by substitution on the pyran ring by alkyl, cycloalkyl, cycloalkene, or cycloalkoxy group to any extent. Examples of this structural class include:
(I) AM-855 (also known as (4aR,12bR)-8-hexyl-2,5,5-trimethyl-1,4,4a,8,9, 10,11,12b-octahydronaphtho[3,2-c]isochromen-l 2-ol);
(II) AM-905 (also known as (6aR,9R, l0aR)-3-[(E)-hept-1-enyl]-9-(hydroxymethyl)-6,6-dimethyl-6a, 7,8,9,10,10a-hexahydrobenzo[c]chromen-1-ol);
(III) AM-906 (also known as (6aR,9R,10aR)-3-[(Z)-hept-1-enyl]-9-(hydroxymethyl)-6,6-dimethyl-6a, 7,8,9,10,10a-hexahydrobenzo[c]chromen-1-ol);
(IV) AM-2389 (also known as (6aR,9R,10aR)-3-(l-hexylcyclobut-l-yl)-6a, 7,8,9,10,1Oa-hexahydro-6,6-dimethyl-6H-dibenzo[b,d)pyran-1,9 diol);and
(V) JWH-057 (also known as (6aR,10aR)-3-(1,l-dimethylheptyl)-6a, 7, 10, 10a-tetrahydro-6,6,9-trimethyl-6H-Dibenzo[b,d]pyran); and
(xxiv) Benzimidazole Ketone: Any compound containing or structurally derived from [IH-indazol-3-yl](l-naphthyl)methanone structure with or without substitution at either nitrogen atom of the indazole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, l-(N-methyl-2-pyrrolidinyl)methyl, l-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, 1-methylazepanyl, phenyl, or halophenyl group, with substitution at the carbon of the methanone group by an adamantyl, naphthyl, phenyl, benzyl, quinolinyl, cycloalkyl, l-amino-3-methyl-1-oxobutan-2-yl, l-amino-3, 3-dimethyl-1-oxobutan-2-yl, l-methoxy-3-methyl-1-oxobutan-2-yl, l-methoxy-3, 3-dimethyl-1-oxobutan-2-yl or pyrrole group, and whether or not further substituted in the benzimidazole, adamantyl, naphthyl, phenyl, pyrrole, quinolinyl, or cycloalkyl rings to any extent. Examples of this structural class include:
(I) THJ-2201 (also known as [l-(5-Fluoropentyl)-lH-indazol-3-yl](l-naphthyl)methanone); and
(II) THJ-018 (also known as l-naphthalenyl(l-pentyl-IH-indazol-3-yl)-methanone);
(B) Unclassified Synthetic Cannabimimetic Agents:
(i) AM-356, also known as:
(I) AM356;
(II) arachidonyl-1'-hydroxy-2'-propylamide;
(III) N-(2-hydroxy-1R-methylethyl)-5Z,8Z,11Z,14Z-eicosatetraenamide;
(IV) (R)-(+)-Arachidonyl-1'-Hydroxy-2'-Propylamide;
(V) Methanandamide; or
(VI) R-1 Methanandamide;
(ii) BAY38-7271 (also known as (-)-(R)-3-(2-Hydroxymethylindanyl -4-oxy) phenyl-4,4,4-trifluorobutyl-1-sulfonate);
(iii) CP 50,556-1, also known as:
(I) 9-hydroxy-6-methyl-3-[5-phenylpentan-2-yl]oxy-5,6, 6a,7,8,9,10,10a-octahydrophenanthridin-1-yl]acetate;
(II) [(6S,6aR,9R,10aR)-9-hydroxy-6-methyl-3-[(2R)-5- phenylpentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-; octahydrophenanthridin-1-yl] acetate;
(III) [9-hydroxy-6-methyl-3-[5-phenylpentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl]acetate; or
(IV) "Levonantradol";
(iv) HU-308 (also known as (91R,2R,5R)-2-[2,6-dimethoxy-4- (2-methyloctan-2-yl)phenyl]-7,7-dimethyl-4-bicyclo[3.1.1]hept-3-enyl]methanol);
(v) HU-331 (also known as 3-hydroxy-2-[(1R,6R)-3-methyl-6- (1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-2,5-cyclohexadiene-1,4-dione);
(vi) JTE-907 (also known as N-(benzol[1,3]dioxol-5-ylmethyl) –7-methoxy-2-oxo-8-pentyloxy-1,2-dihydroquinoline-3-carboxamide);
(vii) Mepirapim (also known as (4-methylpiperazin-1-yl)(1-pentyl-1H-indol-3-yl) Methanone);
(viii) URB597 (also known as [3-(3-carbamoylphenyl)phenyl] –N-Cyclohexylcarbamate);
(ix) URB602, also known as:
(I) [1,1'-Biphenyl]-3-yl-carbamic acid, cyclohexyl ester; or
(II) cyclohexyl [1,1'-biphenyl]-3-ylcarbamate;
(x) URB754 (also known as 6-methyl-2-[(4-methylphenyl)amino] -4H-3,1-benzoxazin-4-one); and
(xi) URB937 (also known as 3'-carbamoyl-6-hydroxy-[1,1'-biphenyl]-3-yl Cyclohexylcarbamate).
(7) Synthetic opioids, which includes, unless specifically exempted, unless listed in another schedule, or unless approved by the Food and Drug Administration as a drug, any material, mixture, preparation, any compound structurally derived from, or that contains any quantity of the following synthetic substances, their salts, isomers, homologues, analogues and salts of isomers, homologues, and analogues, whenever the existence of these salts, isomers, homologues, analogues, and salts of isomers, homologues, and analogues is possible within the specific chemical designation:
(A) Classified Synthetic Opioids:
(i) Fentanyls: Any compound, other than carbomethoxyfentanyls, containing or structurally derived from N-(1-(2-Phenylethyl)-4-piperidinyl)-N-phenylpropanamide, whether or not substituted on the methanone group with an alkyl, alkene, halo, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, cyanoalkyl, hydroxyalkyl, furanyl, or alkoxy, and whether or not substituted on either phenyl ring with an alkyl, halo, cycloalkyl, or alkoxy group. Examples of fentanyls include:
(I) Fentanyl (also known as N-(1-(2-Phenylethyl)-4-piperidinyl)-N-phenylpropanamide);
(II) Furanylfentanyl (also known as N-Phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide);
(III) Acetylfentanyl (also known as N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide);
(IV) Acrylfentanyl (also known as N-Phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]prop-2-enamide);
(V) Parafluorofentanyl, also known as:
(aa) 4-fluorofentanyl; or
(bb) N-(4-fluorophenyl)-N-[1-(2-phenylethyl)piperidin-4-yl]propanamide;
(VI) Butyryl fentanyl, also known as:
(aa) Butyr fentanyl;
(bb) NIH 10486; or
(cc) N-phenyl-N-[l-(2-phenylethyl)-4-piperidinyl]-butanamide; and
(VII) para-Fluorobutyryl fentanyl, also known as:
(aa) 4-FPF;
(bb) p-FBF;
(cc) 4-Fluorobutyryl fentanyl;
(dd) p-Fluorobutyryl fentanyl; or
(ee) N-( 4-fluorophenyl)-N-[ l -(2-phenylethyl)-4-piperidinyl]-butanamide);
(ii) Carbomethoxyfentanyls: Any compound containing or structurally derived from 4-((1-oxopropyl)-phenylamino )-1-(2-phenylethyl)-4-piperidinecarboxylic acid methyl ester, whether or not substituted on either phenyl ring with an alkyl, halo, cycloalkyl, or alkoxy group. Carbomethoxyfentanyls include:
(I) Carfentanil, also known as:
(aa) 4-Carbomethoxy Fentanyl;
(bb) 4-carbomethoxy Fentanyl; or
(cc) 4-[(1-oxopropyl)phenylamino]-1-(2-phenylethyl)-4-piperidinecarboxylic acid, methyl ester;
(II) Norcarfentanil (also known as: 4-[(1-oxopropyl)phenylamino]-4-piperidinecarboxylic acid, methyl ester; and
(III) N-methyl Norcarfentanil, also known as:
(aa) N-methyl Carfentanil;
(bb) N-methyl Norremifentanil;
(cc) N-methyl Remifentanil; or
(dd) 1-methyl-4-[(1-oxopropyl)phenylamino]-4-piperidinecarboxylic acid, methyl ester; and
(iii) Benzamides: Any compound containing or structurally derived from 3,4-Dichloro-N-[(1 R,2R)-2-(dimethylamino )cyclohexyl]-N-methylbenzamide, whether or not substituted on the phenyl ring with an alkyl, halo, cycloalkyl, or alkoxy group, and whether or not substituted with an alkyl or hydrogen on the nitrogen of the amide, and whether or not substituted on the nitrogen of the amide with an alkyl, cycloalkyl, tertiary amine, or combination thereof. Benzamides include:
(I) U-47700 (also known as 3,4-dichloro-N-[(1R,2R)-2-(dimethylamino)cyclohexyl]-N-methylbenzamide); and
(II) AH-7921 (also known as 3,4-dichloro-N-[[l-(dimethylamino)cyclohexyl]methyl]benzamide).
(B) Unclassified Synthetic Opioids:
(i) W-18 (also known as 4-chloro-N-[1-[2-(4-nitrophenyl)ethyl]-2-piperidinylidene]-benzenesulfonamide);
(ii) Sufentanil (also known as N-[4-(methoxymethyl)-1-[2-(2-thienyl)ethyl]-4-piperidinyl]-N-phenyl-propanamide);
(iii) Alfentanil (also known as N-[1-[2-(4-ethyl-4,5-dihydro-5-oxo-1H-tetrazol-1-yl)ethyl]-4-(methoxymethyl)-4-piperidinyl]-N-phenyl-propanamide);
(iv) Remifentanil (also known as 4-(methoxycarbonyl)-4-[(1-oxopropyl)phenylamino]-1-piperidinepropanoic acid, methyl ester);
(v) Lofentanil (also known as methyl (3R,4S)-3-methyl-1-(2-phenylethyl)-4-(N-propanoylanilino)piperidine-4-carboxylate);
(vi) Benzyl Carfentanil (also known as methyl 1-benzyl-4-(N-phenylpropionamido)piperidine-4-carboxylate); and
(vii) N-methyl-Norcarfentanil (also known as 1-methyl-4-[(1-oxopropyl)phenylamino]-4-piperidinecarboxylic acid, methyl ester).
§ 48–902.05. Schedule II tests.
The Mayor shall place a substance in Schedule II if the Mayor finds that:
(1) The substance has high potential for abuse;
(2) The substance has currently accepted medical use in treatment in the United States or the District of Columbia, or currently accepted medical use, with severe restrictions; and
(3) The abuse of the substance may lead to severe psychological or physical dependence.
§ 48–902.06. Schedule II enumerated.
The controlled substances listed in this section are included in Schedule II unless and until removed therefrom pursuant to § 48-902.01:
(1) 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 combination of extraction and chemical synthesis:
(A) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, excluding apomorphine, dextrorphan, nalbuphine, naloxone, naltrexone, and their respective salts, but including the following:
(i) Raw opium;
(ii) Opium extracts;
(iii) Opium fluid extracts;
(iv) Powdered opium;
(v) Granulated opium;
(vi) Tincture of opium;
(vii) Codeine;
(viii) Ethylmorphine;
(ix) Etorphine Hydrochloride;
(x) Hydrocodone;
(xi) Metopon;
(xii) Morphine;
(xiii) Oxycodone;
(xiv) Oxymorphone;
(xv) Thebaine;
(xvi) Hydromorphone;
(xvii) Dihydrocodeine;
(xviii) Sufentanil;
(xix) Alfentanil; and
(xx) Carfentanil;
(B) Any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in subparagraph (A) of this paragraph, but not including the isoquinoline alkaloids of opium;
(C) Opium poppy and poppy straw;
(D) Coca leaves, except coca leaves or extracts of coca leaves from which cocaine, ecgonine, or derivatives of ecgonine or their salts have been removed; cocaine, its salts, optical and geometric isomers, and salts of isomers; or any compound, mixture, or preparation that contains any substance referred to in this paragraph;
(E) Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid, or powder form which contains the phenanthrene alkaloids of the opium poppy);
(F) Hashish; and
(G) Synthetic Tetrahydrocannabinols: Chemical equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, and synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following:
(i) Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers;
(ii) Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; or
(iii) Delta 3, 4 cis or trans tetrahydrocannabinol, and its optical isomers (compounds of these structures, regardless of numerical designation of atomic positions covered);
(2) Unless specifically excepted or unless in another schedule, 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, dextrorphan excepted:
(A) Alphaprodine;
(B) Anileridine;
(C) Bezitramide;
(D) Biphetamine;
(E) Diphenoxylate;
(F) Eskatrol;
(G) Fentanyl;
(H) Fetamine;
(I) Isomethadone;
(J) Levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM;
(K) Levomethorphan;
(L) Levorphanol;
(M) Metazocine;
(N) Methadone;
(O) Methadone—Intermediate, 4-cyano-2-dimethylamino4, 4-diphenyl butane;
(P) Moramide—Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl- propane-carboxylic acid;
(Q) Pethidine (meperidine);
(R) Pethidine—Intermediate — A, 4-cyano-1-methyl-4- phenylpiperidine;
(S) Pethidine—Intermediate — B, ethyl-4-phenylpiperidine- 4-carboxylate;
(T) Pethidine—Intermediate — C, 1-methyl-4-phenylpiperdine- 4-carboxylic acid;
(U) Phenazocine;
(V) Piminodine;
(W) Racemethorphan; and
(X) Racemorphan;
(3) 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:
(A) Amphetamine, its salts, optical isomers, and salts of its optical isomers;
(B) Methamphetamine, its salts, isomers, and salts of its isomers;
(C) Phenmetrazine and its salts;
(D) Methylphenidate and its salts;
(E) Repealed.
(F) Amphetamine/methamphetamine immediate precursor: Phenyl acetone (Phenyl-2-propanone), P2P; and
(4) 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 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:
(A) Methagualone;
(B) Amobarbital;
(C) Secobarbital;
(D) Pentobarbital;
(E) Phencyclidine;
(F) Phencyclidine immediate precursors:
(i) 1-phenyleyclohexylamine
(ii) 1-piperidinocyclohexanecarbonitrile (PCC);
(G) Dronabinol;
(H) Nabilone; and
(I) Glutethimide.
§ 48–902.07. Schedule III tests.
The Mayor shall place a substance in Schedule III if the Mayor finds that:
(1) The substance has a potential for abuse less than the substances listed in Schedules I and II;
(2) The substance has currently accepted medical use in treatment in the United States or the District of Columbia; and
(3) The abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.
§ 48–902.08. Schedule III enumerated.
(a) The controlled substances listed in this section are included in Schedule III, unless and until removed therefrom pursuant to § 48-902.01:
(1) 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, including its salts, isomers (whether optical, position, or geometric), and salts of such isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
(A) Those compounds, mixtures, or preparations in dosage unit form containing any stimulant substances listed in Schedule II which compounds, mixtures, or preparations were listed on August 25, 1971, as excepted compounds under § 1308.32 of the Code of Federal Regulations, and any other drug of the quantitative composition shown in that list for those drugs or which is the same except that it contains a lesser quantity of controlled substances;
(B) Benzphetamine;
(C) Chlorphentermine;
(D) Chlortermine;
(E) Mazindol; and
(F) Phendimetrazine;
(2) Unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:
(A) Any compound, mixture, or preparation containing:
(i) Amobarbital;
(ii) Secobarbital; or
(iii) Pentobarbital; or any salt thereof and 1 or more other active medicinal ingredients which are not listed in any schedule;
(B) Any suppository dosage form containing:
(i) Amobarbital;
(ii) Secobarbital;
(iii) Pentobarbital; or any salt of any of these drugs and approved by the Food and Drug Administration for marketing only as a suppository;
(C) Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid:
(i) Chlorhexadol;
(ii) Rescheduled to Schedule II;
(iii) Lysergic acid;
(iv) Lysergic acid amide;
(v) Methyprylon;
(vi) Sulfondiethylmethane;
(vii) Sulfonethylmethane;
(viii) Sulfonmethane;
(ix) Tiletamine & Zolazepam Combination Product; and
(x) Vinbarbital;
(3) Nalorphine;
(4) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof:
(A) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;
(B) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams dosage unit, with 1 or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(C) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with a 4-fold or greater quantity of an isoquinoline alkaloid of opium;
(D) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with 1 or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(E) Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with 1 or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(F) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit, with 1 or more ingredients in recognized therapeutic amounts;
(G) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams or not more than 25 milligrams per dosage unit, with 1 or more active, nonnarcotic ingredients in recognized therapeutic amounts; and
(H) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with 1 or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(5) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any quantity of the following substances, drug, or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progesterons, and corticorsteroids) that promotes muscle growth and includes:
(A) Boldenone;
(B) Chlortestosterone (4-chlortestosterone);
(C) Clostebol;
(D) Dehydrochlormethyltestosterone;
(E) Dihydrotestosterone (4-dihydrotestosterone);
(F) Drostanolone;
(G) Ethylestrenol;
(H) Fluoxymestorone;
(I) Formebulone (formebolone);
(J) Mesterolone;
(K) Methandienone;
(L) Methandranone;
(M) Methandriol;
(N) Methandrostenolone;
(O) Methenolone;
(P) Methyltestosterone;
(Q) Mibolerone;
(R) Nandrolone;
(S) Norethandrolone;
(T) Oxandrolone;
(U) Oxymesterone;
(V) Oxymetholone;
(W) Stanolone;
(X) Stanozolol;
(Y) Testolactone;
(Z) Testosterone;
(AA) Trenbolone; and
(BB) Any salt, ester or isomer of a drug or substance described or listed in this paragraph, if that salt, ester, or isomer promotes muscle growth. Except such term does not include an anabolic steroid which is expressly intended for administration through implants to cattle or other nonhuman species and which has been approved by Secretary of Health and Human Services for such administration. If any person prescribes, dispenses or distributes such steroid for human use such person shall be considered to have prescribed, dispensed or distributed an anabolic steroid within the meaning of this paragraph; and
(6) Cannabis.
(7) Repealed.
(b) The Mayor may except by rule any compound, mixture, or preparation containing any stimulant or depressant substance listed in paragraphs (1) and (2) of subsection (a) of this section from the application of all or any part of this chapter if the compound, mixture, or preparation contains 1 or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a stimulant or depressant effect on the central nervous system.
§ 48–902.09. Schedule IV tests.
The Mayor shall place a substance in Schedule IV if the Mayor finds that:
(1) The substance has a low potential for abuse relative to substances in Schedule III;
(2) The substance has currently accepted medical use in treatment in the United States or the District of Columbia; and
(3) The abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in Schedule III.
§ 48–902.10. Schedule IV enumerated.
(a) The controlled substances listed in this section are included in Schedule IV, unless and until removed therefrom pursuant to § 48-902.01:
(1) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, 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:
(A) Barbital;
(B) Chloral betaine;
(C) Chloral hydrate;
(D) Chlordiazepoxide;
(E) Clonazepam;
(F) Clorazepate;
(G) Dextropropoxyphene;
(H) Diazepam;
(I) Ethchlorvynol;
(J) Ethinamate;
(K) Flurazepam;
(L) Lorazepam;
(M) Mebutamate;
(N) Meprobamate;
(O) Methohexital;
(P) Methylphenobarbital (mephobarbital);
(Q) Oxazepam;
(R) Paraldehyde;
(S) Petrichloral;
(T) Phenobarbital;
(U) Prazepam;
(V) Alprazolam;
(W) Bromazepam;
(X) Camazepam;
(Y) Clobazam;
(Z) Clotiazepam;
(AA) Cloxazolam;
(BB) Delorazepam;
(CC) Estazolam;
(DD) Ethyl loflazepate;
(EE) Fludiazepam;
(FF) Flunitrazepam;
(GG) Halazepam;
(HH) Haloxazolam;
(II) Ketazolam;
(JJ) Loprazolam;
(KK) Lormetazepam;
(LL) Medazepam;
(MM) Midazolam;
(NN) Nimetazepam;
(OO) Nitrazepam;
(PP) Oxazolam;
(QQ) Omitted;
(RR) Pinazepam;
(SS) Quazepam;
(TT) Temazepam;
(UU) Tetrazepam;
(VV) Triazolam; and
(WW) Fospropofol;
(2) Any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers (whether optical, position, or geometric), and salts of such isomers, whenever the existence of such salts, isomers, and salts of isomers is possible, such as Fenfluramine;
(3) 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, including its salts, isomers (whether optical, position, or geometric), and salts of such isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
(A) Diethylpropion;
(B) Phentermine;
(C) Pemoline (including organometallic complexes and chelates thereof);
(D) Cathine;
(E) Fencamfimin;
(F) Fenproporex;
(G) Mefenorex;
(H) Pipradrol; and
(I) SPA;
(4) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances, including its salts:
(A) Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1), 2-diphenyl-1-3-methyl-2-propionoxybutane; and
(B) Pentazocine; and
(5) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof of not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.
(b) The Mayor may except by rule any compound, mixture, or preparation containing any depressant substance listed in paragraph (1) of subsection (a) of this section from the application of all or any part of this chapter if the compound, mixture, or preparation contains 1 or more active medicinal ingredients not having a depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a depressant effect on the central nervous system.
§ 48–902.11. Schedule V tests.
The Mayor shall place a substance in Schedule V if the Mayor finds that:
(1) The substance has low potential for abuse relative to the controlled substances listed in Schedule IV;
(2) The substance has currently accepted medical use in treatment in the United States or the District of Columbia; and
(3) The substance has limited physical dependence or psychological dependence liability relative to the controlled substances listed in Schedule IV.
§ 48–902.12. Schedule V enumerated.
The controlled substances listed in this section are included in Schedule V unless and until removed therefrom pursuant to § 48-902.01.
(1) Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or salts thereof, which also contains 1 or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:
(A) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;
(B) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams;
(C) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;
(D) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;
(E) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit; and
(F) Not more than 0.5 milligrams of difenopin and not less than 25 micrograms of atropine sulfate per dosage unit;
(2) Repealed;
(3) Deleted upon adoption of rule in 34 DCMR 4370 on July 10, 1987;
(4) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs and their salts, as set forth below:
Buprenorphine;
(5) Prophylhexedrine; and
(6) Pyrovalerone.
§ 48–902.13. Revising and republishing of schedules.
The Mayor shall revise and republish the schedules semiannually for 2 years from August 5, 1981, and thereafter annually. The published schedules may include the brand or trade names of the substances controlled.
§ 48–902.14. Treatment of controlled substance analogues.
(a) A controlled substances analogue shall, to the extent intended for human consumption, be treated for the purposes of any District of Columbia law as a controlled substance in Schedule I.
(b) Except as provided in subsection (c) of this section, the term “controlled analogue” means:
(1) a substance with a chemical structure that is substantially similar to the chemical structure of a controlled substance in Schedule I or II;
(2) A substance that has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central system of a controlled substance in Schedule I or II; or
(3) A substance that, with respect to a particular person, is represented to have or is intended to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to, or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II.
(c) Such term does not include:
(1) A controlled substance;
(2) Any substance for which there is an approved new drug application;
(3) With respect to a particular person any substance, if an exemption is in effect for investigational use, for that person, under § 505 of the Federal Food, Drug, and Cosmetic Act, approved June 25, 1938 (52 Stat. 1052, 21 U.S.C. § 355) to the extent conduct with respect to such substance is pursuant to such exemption; or
(4) Any substance to the extent not intended for human consumption before such an exemption takes effect with respect to that substance.
Subchapter III. Regulation of Manufacture, Distribution, and Dispensing.
§ 48–903.01. Rules and regulations; fees.
The Mayor may issue rules and regulations and may charge reasonable fees relating to the registration and control of the manufacture, distribution, and dispensing of controlled substances within the District of Columbia.
§ 48–903.02. Registration — Required; renewal; exceptions; waiver; inspection.
(a) Every person who manufactures, distributes, or dispenses any controlled substance within the District of Columbia, or who proposes to engage in the manufacture, distribution, or dispensing of any controlled substance within the District of Columbia, must obtain annually a registration issued by the Mayor in accordance with the rules. Applications to renew a registration must be filed in a timely manner, not less than 60 days prior to the expiration of the registration, or the registration shall abate.
(b) Persons registered with the Mayor under this chapter to manufacture, distribute, dispense, or conduct research with controlled substances may possess, manufacture, distribute, dispense, or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of this subchapter. Any person registered under this subchapter whose authority to possess, distribute, dispense, or conduct research with controlled substances is limited or otherwise restricted by any federal, state, or District of Columbia law, shall use such registration only to the extent authorized by said federal, state, or District of Columbia law unless otherwise specified.
(c) The following persons need not register and may lawfully possess controlled substances under this chapter:
(1) An agent or employee of any registered manufacturer, distributor, or dispenser of any controlled substance acting in the usual course of business or employment;
(2) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment;
(3) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a Schedule V substance; and
(4) A designated civilian employee of the Metropolitan Police Department, or a law-enforcement official or agent of the District of Columbia or the United States if he or she is on duty and is acting in the performance of officially authorized functions.
(d) The Mayor may waive by rule the requirement for registration of certain manufacturers, distributors, or dispensers if the Mayor finds it consistent with the public health and safety.
(e) A separate registration is required for each principal place of business or professional practice where the applicant manufactures, distributes, or dispenses controlled substances.
(f) The Mayor may inspect the establishment of a registrant or applicant for registration in accordance with subsections (a) and (b) of this section.
§ 48–903.03. Registration — Public interest; limitations.
(a) The Mayor shall register an applicant to manufacture, distribute, or dispense controlled substances included in Schedules I, II, III, IV, and V unless the Mayor determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the Mayor shall consider the following factors:
(1) Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels;
(2) Compliance with applicable District of Columbia law;
(3) Any convictions of the applicant under any federal, state, or District of Columbia laws relating to any controlled substance;
(4) Past experience in the manufacture, distribution, or dispensing of controlled substances, and the existence in the applicant’s establishment of effective controls against diversion;
(5) Furnishing by the applicant of false or fraudulent material in any application filed under this chapter;
(6) Suspension or revocation of the applicant’s federal registration to manufacture, distribute, or dispense controlled substances as authorized by federal law; and
(7) Any other factors relevant to and consistent with the public health and safety.
(b) Registration under subsection (a) of this section does not entitle a registrant to:
(1) Manufacture or distribute controlled substances in Schedule I or II other than those specified in the registration; or
(2) Manufacture, distribute, or dispense Cannabis unless specified in the registration.
(c) Practitioners must be registered to dispense any controlled substances or to conduct research with controlled substances in Schedules II through V if they are authorized to dispense or conduct research under the provisions of § 48-903.02. Separate registration shall be required for practitioners engaging in research with narcotic controlled substances set forth in Schedules II through V. The Mayor need not require separate registration under this subchapter for practitioners engaging in research with nonnarcotic controlled substances in Schedules II through V where the registrant is already registered under this subchapter in another capacity. Practitioners registered under federal law to conduct research with Schedule I substances may conduct research with Schedule I substances within the District of Columbia upon furnishing the Mayor evidence of that federal registration.
(d) Compliance by manufacturers and distributors with the provisions of the federal law respecting registration entitles them to be registered under this chapter.
(e) Any registration issued pursuant to this section shall be issued as a Public Health: Pharmacy and Pharmaceuticals endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47.
§ 48–903.04. Registration — Suspension; revocation; forfeiture of substances.
(a) A registration issued under § 48-903.03 to manufacture, distribute, or dispense a controlled substance may be suspended or revoked by the Mayor upon a finding that the registrant:
(1) Has been convicted of a felony under any District of Columbia, state, or federal law relating to any controlled substance;
(2) Has had his or her federal or state registration suspended or revoked to manufacture, distribute, or dispense controlled substances;
(3) Has had his or her practitioner’s license suspended or revoked in the District of Columbia by the appropriate authority; or
(4) has violated any provisions of this chapter.
(b) A registration issued under § 48-903.03 to manufacture, distribute, or dispense a controlled substance may be suspended by the Mayor upon a finding that the registrant has been convicted of a misdemeanor under any District of Columbia, state, or federal law relating to any controlled substance.
(c) The Mayor may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist.
(d) If the Mayor suspends or revokes a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all controlled substances may be forfeited in accordance with the provisions of § 48-905.03(d).
(e) The Mayor shall promptly notify the D.E.A. of all orders suspending or revoking registration and all forfeitures of controlled substances.
§ 48–903.05. Registration — Procedural rights involving suspension or revocation.
(a) If it appears to the Mayor that an application for registration should be denied or that an existing registration should be suspended or revoked, the Mayor shall notify the applicant or registrant of the proposed denial, suspension, or revocation, briefly stating the reasons therefor. In the case of a denial of renewal of registration, notice shall be served not later than 30 days before the expiration of the registration. Service may be made by delivering a copy of the notice to the applicant or registrant personally, or by leaving a copy thereof at the place of residence identified on the application or registration with some person of suitable age and discretion then residing therein, or by mailing a copy of the notice by certified mail to the residence address identified on the application or certificate, in which case service shall be complete as of the date the return receipt was signed. In the case of an organization, service may be made upon the president, chief executive, or other officer, managing agent, or person authorized by appointment or law to receive such notice as described in the preceding sentence at the business address of the organization identified in the application or registration certificate. The person serving the notice shall make proof thereof with the Mayor in a manner prescribed by the Mayor. In the case of service by certified mail, the signed return receipt shall be filed with the Mayor together with a signed statement showing the date such notice was mailed and if the return receipt does not purport to be signed by the person named in the notice, then specific facts from which the Mayor can determine that the person who signed the receipt meets the appropriate qualifications for receipt of such notice set out in this subsection. The applicant or registrant shall have 30 days from the date the notice was served in which to request a hearing before the Mayor to contest the proposed action to be taken by the Mayor; provided, that if the applicant or registrant does not request a hearing within 30 days after the serving of the notice of the proposed action, the applicant or registrant shall be deemed to have conceded the validity of the reason or reasons stated in the notice, and the denial, suspension, or revocation shall become final. Within 30 days of the date upon which any contest is noted, the Mayor shall convene a hearing. Within 10 days of the close of the hearing, the Mayor shall notify the applicant or registrant of the decision in the case. All proceedings, including the right to judicial review of the Mayor’s decision, shall be in accordance with the District of Columbia Administrative Procedure Act. Where the application for renewal of registration has been timely filed, proceedings to refuse renewal of registration shall not abate the existing registration, which shall remain in effect pending the outcome of the administrative hearing. With regard to summary suspension of any registrant or the denial of renewal to any registration pursuant to subsection (b) of this section, a hearing shall be convened within 5 days of the institution of proceedings in this section; except, that a registrant who has been summarily suspended or denied a renewal under this section shall be entitled upon request to a postponement of such hearing.
(b)(1) The Mayor may suspend, without prior notice and hearing, any registration simultaneously with the institution of proceedings under § 48-903.04, or where renewal of registration is refused, if the Mayor finds that there is an imminent danger to the public health or safety which warrants this action, including, but not limited to, the danger that would be created by the outbreak of a serious fire on the business premises of a registrant on which controlled substances are stored, resulting in heat in excess of 110 degrees fahrenheit; grossly inadequate security measures; or while proceedings under § 48-903.04 are pending, continued and flagrant violations of the same sort which led to the institution of the pending proceedings.
(2) The suspension shall continue in effect until the conclusion of the proceedings, including judicial review thereof, unless sooner withdrawn by the Mayor or dissolved by a court of competent jurisdiction.
§ 48–903.06. Records and inventories of registrants.
Persons registered to manufacture, distribute, or dispense controlled substances under this chapter shall keep records and maintain inventories in conformance with the record-keeping and inventory requirements of federal law, laws of the District of Columbia, and with any additional rules which the Mayor issues.
§ 48–903.07. Order forms.
Controlled substances in Schedule I or II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with the provisions of federal law respecting order forms shall be deemed compliance with this section.
§ 48–903.08. Prescriptions.
(a) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, no controlled substance in Schedule II may be dispensed without the written prescription of a practitioner.
(b) In emergency situations, as defined by rule of the Mayor, Schedule II drugs may be dispensed upon oral prescription of a practitioner, reduced promptly to writing and filed by the pharmacy. Prescriptions shall be retained in conformity with the requirements of § 48-903.06. No prescription for a Schedule II controlled substance may be refilled.
(c) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a controlled substance included in Schedule III or IV which is a prescription drug as determined under § 353(b) of Title 21, United States Code, shall not be dispensed without a written or oral prescription of a practitioner. The prescription shall not be filled or refilled more than 6 months after the date thereof or be refilled more than 5 times, unless renewed by the practitioner.
(d) A controlled substance included in Schedule V shall not be distributed or dispensed other than for a medical purpose.
(e) Whenever a practitioner dispenses any controlled substance on a written or oral prescription issued by a practitioner, the practitioner shall affix to the container in which such controlled substance is dispensed a label showing the name of the controlled substance or controlled substances contained therein unless otherwise so indicated by the prescribing practitioner; the serial number and date of initial filling; the directions for use; the practitioner’s name and registry number; the name of the ultimate user, or if the ultimate user is an animal, the name of the owner and the species of the animal; the name of the practitioner issuing the prescription; and caution statements, if any, as required by law.
§ 48–903.09. Civil infractions.
Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this subchapter, or any rules or regulations issued under the authority of this subchapter, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this subchapter shall be pursuant to Chapter 18 of Title 2.
Subchapter IV. Offenses and Penalties.
§ 48–904.01. Prohibited acts A; penalties.
(a)(1) Except as authorized by this chapter or Chapter 16B of Title 7 [§ 7-1671.01 et seq.], it is unlawful for any person knowingly or intentionally to manufacture, distribute, or possess, with intent to manufacture or distribute, a controlled substance. Notwithstanding any provision of this chapter to the contrary, it shall be lawful, and shall not be an offense under District of Columbia law, for any person 21 years of age or older to:
(A) Possess, use, purchase, or transport marijuana weighing 2 ounces or less;
(B) Transfer to another person 21 years of age or older, without remuneration, marijuana weighing one ounce or less;
(C) Possess, grow, harvest, or process, within the interior of a house or rental unit that constitutes such person’s principal residence, no more than 6 cannabis plants, with 3 or fewer being mature, flowering plants; provided, that all persons residing within a single house or single rental unit may not possess, grow, harvest, or process, in the aggregate, more than 12 cannabis plants, with 6 or fewer being mature, flowering plants;
(D) Possess within such house or rental unit the marijuana produced by such plants; provided that, nothing in this subsection shall make it lawful to sell, offer for sale, or make available for sale any marijuana or cannabis plants.
(1A)(A) The terms “controlled substance” and “controlled substances,” as used in the District of Columbia Official Code, shall not include:
(i) Marijuana that is or was in the personal possession of a person 21 years of age or older at any specific time if the total amount of marijuana that is or was in the possession of that person at that time weighs or weighed 2 ounces or less;
(ii) Cannabis plants that are or were grown, possessed, harvested, or processed by a person 21 years of age or older within the interior of a house or rental unit that constitutes or at the time constituted, such person’s principal residence, if such person at that time was growing no more than 6 cannabis plants with 3 or fewer being mature flowering plants and if all persons residing within that single house or single rental unit at that time did not possess, grow, harvest, or process, in the aggregate, more than 12 cannabis plants, with 6 or fewer being mature, flowering plants; or
(iii) The marijuana produced by the plants which were grown, possessed, harvested, or processed by a person who was, pursuant to sub-subparagraph (ii) of this subparagraph, permitted to grow, possess, harvest, and process such plants, if such marijuana is or was in the personal possession of that person who is growing or grew such plants, within the house or rental unit in which the plants are or were grown.
(B) Notwithstanding the provisions of this paragraph, the terms “controlled substance” and “controlled substances,” as used in the District of Columbia Official Code, shall include any marijuana or cannabis plant sold or offered for sale or made available for sale.
(1B) Notwithstanding any other provision of the District of Columbia Official Code, no District government agency or office shall limit or refuse to provide any facility service, program, or benefit to any person based upon or by reason of conduct that is made lawful by this subsection.
(1C) Nothing in this subsection shall be construed to require any District government agency or office, or any employer, to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of marijuana in the workplace or to affect the ability of any such agency, office, or employer to establish and enforce policies restricting the use of marijuana by employees.
(1D) Nothing in this subsection shall be construed to permit driving under the influence of marijuana or driving while impaired by use or ingestion of marijuana or to modify or affect the construction or application of any provision of the District of Columbia Official Code related to driving under the influence of marijuana or driving while impaired by marijuana.
(1E) Nothing in this subsection shall be construed to prohibit any person, business, corporation, organization, or other entity, or District government agency or office, who or which occupies, owns, or controls any real property, from prohibiting or regulating the possession, consumption, use, display, transfer, distribution, sale, transportation, or growing of marijuana on or in that property.
(1F) Nothing in this subsection shall be construed to make unlawful any conduct permitted by Chapter 16B of Title 7 [§ 7-1671.01 et seq.].
(2) Any person who violates this subsection with respect to:
(A) A controlled substance classified in Schedule I or II that is a narcotic or abusive drug shall be imprisoned for not more than 30 years or fined not more than the amount set forth in § 22-3571.01, or both;
(B) Any other controlled substance classified in Schedule I, II, or III, except for a narcotic or abusive drug, is guilty of a crime and upon conviction may be imprisoned for not more than 5 years, fined not more than the amount set forth in § 22-3571.01, or both; except that upon conviction of manufacturing, distributing or possessing with intent to distribute ½ pound or less of marijuana, a person who has not previously been convicted of manufacturing, distributing or possessing with intent to distribute a controlled substance or attempting to manufacture, distribute, or possess with intent to distribute a controlled substance may be imprisoned for not more than 180 days or fined not more than the amount set forth in § 22-3571.01 or both;
(C) A substance classified in Schedule IV, is guilty of a crime and upon conviction may be imprisoned for not more than 3 years, fined not more than the amount set forth in § 22-3571.01, or both; or
(D) A substance classified in Schedule V, is guilty of a crime and upon conviction may be imprisoned for not more than one year, fined not more than the amount set forth in § 22-3571.01, or both.
(b)(1) Except as authorized by this chapter, it is unlawful for any person to create, distribute, or possess with intent to distribute a counterfeit substance.
(2) Any person who violates this subsection with respect to:
(A) A counterfeit substance classified in Schedule I or II that is a narcotic or abusive drug shall be imprisoned for not more than 30 years or fined not more than the amount set forth in § 22-3571.01, or both;
(B) Any other counterfeit substance classified in Schedule I, II, or III, except for a narcotic or abusive drug, is guilty of a crime and upon conviction may be imprisoned for not more than 5 years, fined not more than the amount set forth in § 22-3571.01, or both;
(C) A counterfeit substance classified in Schedule IV, is guilty of a crime and upon conviction may be imprisoned for not more than 3 years, fined not more than the amount set forth in § 22-3571.01, or both; or
(D) A counterfeit substance classified in Schedule V, is guilty of a crime and upon conviction may be imprisoned for not more than 1 year, fined not more than the amount set forth in § 22-3571.01, or both.
(c) Repealed.
(d)(1) It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter or Chapter 16B of Title 7 [§ 7-1671.01 et seq.], and provided in § 48-1201. Except as provided in paragraph (2) of this subsection, any person who violates this subsection is guilty of a misdemeanor and upon conviction may be imprisoned for not more than 180 days, fined not more than the amount set forth in § 22-3571.01, or both.
(2) Any person who violates this subsection by knowingly or intentionally possessing the abusive drug phencyclidine in liquid form is guilty of a felony and, upon conviction, may be imprisoned for not more than 3 years, fined not more than the amount set forth in § 22-3571.01, or both.
(e)(1) If any person who has not previously been convicted of violating any provision of this chapter, or any other law of the United States or any state relating to narcotic or abusive drugs or depressant or stimulant substances is found guilty of a violation of subsection (d) of this section and has not previously been discharged and had the proceedings dismissed pursuant to this subsection, the court may, without entering a judgment of guilty and with the consent of such person, defer further proceedings and place him or her on probation upon such reasonable conditions as it may require and for such period, not to exceed one year, as the court may prescribe. Upon violation of a condition of the probation, the court may enter an adjudication of guilt and proceed as otherwise provided. The court may, in its discretion, dismiss the proceedings against such person and discharge him or her from probation before the expiration of the maximum period prescribed for such person’s probation. If during the period of probation such person does not violate any of the conditions of the probation, then upon expiration of such period the court shall discharge such person and dismiss the proceedings against him or her. Discharge and dismissal under this subsection shall be without court adjudication of guilt, but a nonpublic record thereof shall be retained solely for the purpose of use by the courts in determining whether or not, in subsequent proceedings, such person qualifies under this subsection. Such discharge or dismissal shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime (including the penalties prescribed under § 48-904.08 for second or subsequent convictions) or for any other purpose.
(2) Upon the dismissal of such person and discharge of the proceedings against him under paragraph (1) of this subsection, such person may apply to the court for an order to expunge from all official records (other than the nonpublic records to be retained under paragraph (1) of this subsection) all recordation relating to his or her arrest, indictment or information, trial, finding of guilty, and dismissal and discharge pursuant to this subsection. If the court determines, after hearing, that such person was dismissed and the proceedings against him or her discharged, it shall enter such order. The effect of such order shall be to restore such person, in the contemplation of this law, to the status he or she occupied before such arrest or indictment or information. No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge such arrest, or indictment, or trial in response to any inquiry made of him or her for any purpose.
(3) A person who was discharged from probation and whose case was dismissed pursuant to paragraph (1) of this subsection shall be entitled to a copy of the nonpublic record retained under paragraph (1) of this subsection but only to the extent that such record would have been available to the person before an order of expungement was entered pursuant to paragraph (2) of this subsection. A request for a copy of the nonpublic record may be made ex parte and under seal by the person or by an authorized representative of the person.
(f) The prosecutor may charge any person who violates the provisions of subsection (a) or (b) of this section relating to the distribution of or possession with intent to distribute a controlled or counterfeit substance with a violation of subsection (d) of this section if the interests of justice so dictate.
(g) For the purposes of this section, “offense” means a prior conviction for a violation of this section or a felony that relates to narcotic or abusive drugs, marijuana, or depressant or stimulant drugs, that is rendered by a court of competent jurisdiction in the United States.
§ 48–904.02. Prohibited acts B; penalties.
(a) It is unlawful for any person:
(1) Who is subject to subchapter III of this chapter to distribute or dispense a controlled substance in violation of § 48-903.08;
(2) Who is a registrant, to manufacture a controlled substance not authorized by registration, or to distribute or dispense a controlled substance not authorized by registration to another registrant or other authorized person;
(3) To refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice, or information required under this chapter;
(4) To refuse an entry into any premises for any inspection authorized by this chapter;
(5) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place, which is resorted to by persons using controlled substances in violation of this chapter for the purpose of using these substances or which is used for keeping or selling them in violation of this chapter;
(6) Who is a law-enforcement official, as designated by the Mayor, or a designated civilian employee of the Metropolitan Police Department, to divulge any knowledge relating to the records, order forms, or prescriptions of registrants which he or she received by virtue of his or her office, except in connection with officially authorized duties or in connection with a prosecution or proceeding in court or before a licensing or registration board or officer, to which prosecution or proceeding the registrant to whom such records, order forms, or prescriptions relate is a party; or
(7) To use to his or her own advantage or to reveal, other than to duly authorized officers or employees of the District of Columbia or the United States, or to the courts when relevant in any judicial proceeding under this subchapter or subchapter III of this chapter, any information acquired in the course of an authorized inspection concerning any method or process which as a trade secret is entitled to protection.
(b) Except as provided for in subsection (c) of this section, any person who violates this section shall, with respect to any violation, be subject to a civil penalty of not more than $50,000.
(c) If a violation of this section is prosecuted by an information or indictment which alleges that the violation was committed knowingly and the trier of fact specifically finds that the violation was so committed, such person shall be guilty of a crime and upon conviction may be imprisoned for not more than one year, fined not more than the amount set forth in § 22-3571.01, or both.
§ 48–904.03. Prohibited acts C; penalties.
(a) It is unlawful for any person knowingly or intentionally:
(1) To distribute as a registrant a controlled substance classified in Schedule I or II, except pursuant to an order form as required by § 48-903.07;
(2) To use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended, or issued to another person;
(3) To acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge;
(4) To furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document required to be kept or filed under this chapter, or any record required to be kept by this chapter; or
(5) To make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance.
(b) Any person who violates this section is guilty of a crime and upon conviction may be imprisoned for not more than 4 years, fined not more than the amount set forth in § 22-3571.01, or both.
§ 48–904.03a. Prohibited acts D; penalties.
(a) It shall be unlawful for any person to knowingly open or maintain any place to manufacture, distribute, or store for the purpose of manufacture or distribution a narcotic or abusive drug.
(b) Any person who violates this section shall be imprisoned for not less than 5 years nor more than 25 years, fined not more than the amount set forth in § 22-3571.01, or both.
§ 48–904.04. Penalties under other laws.
Any penalty imposed for violation of this chapter is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.
§ 48–904.05. Effect of acquittal or conviction under federal law.
No person shall be prosecuted for a violation of any provision of this chapter if such person has been acquitted or convicted under any United States statute governing the sale or distribution of controlled substances of the same act or omission which is alleged to constitute a violation of this chapter.
§ 48–904.06. Distribution to minors.
(a) Any person who is 21 years of age or over and who violates § 48-904.01(a) by distributing a controlled substance which is listed in Schedule I or II and which is a narcotic drug, phencyclidine, or a phencyclidine immediate precursor to a person who is under 18 years of age may be punished by the fine authorized by § 48-904.01(a)(2)(A), by a term of imprisonment of up to twice that authorized by § 48-904.01(a)(2)(A), or by both.
(b) Any person who is 21 years of age or over and who violates § 48-904.01(a) by distributing for remuneration any other controlled substance which is listed in Schedule I, II, III, IV, or V, except for phencyclidine or a phencyclidine immediate precursor, to a person who is under 18 years of age may be punished by the fine authorized by § 48-904.01(a)(2)(B), (C), or (D), respectively, by a term of imprisonment up to twice that authorized by § 48-904.01(a)(2)(B), (C), or (D), respectively, or both.
§ 48–904.07. Enlistment of minors to distribute.
(a) Any person who is 21 years of age or over and who enlists, hires, contracts, or encourages any person under 18 years of age to sell or distribute any controlled substance, in violation of § 48-904.01(a), for the profit or benefit of such person who enlists, hires, contracts, or encourages this criminal activity shall be punished for sale or distribution in the same manner as if that person directly sold or distributed the controlled substance.
(b) Anyone found guilty of subsection (a) of this section shall be subject to the following additional penalties:
(1) Upon a first conviction the party may be imprisoned for not more than 10 years, fined not more than the amount set forth in § 22-3571.01, or both;
(2) Upon a second or subsequent conviction, the party may be imprisoned for not more than 20 years, fined not more than the amount set forth in § 22-3571.01, or both.
§ 48–904.07a. Drug free zones.
(a) All areas within 1000 feet of an appropriately identified public or private day care center, elementary school, vocational school, secondary school, junior college, college, or university, or any public swimming pool, playground, video arcade, youth center, or public library, or in and around public housing, as defined in section 3(1) of the United States Housing Act of 1937, approved August 22, 1974 (88 Stat. 654; 42 U.S.C. § 1437a(b)), the development or administration of which is assisted by Department of Housing and Urban Development, or in or around housing that is owned, operated, or financially assisted by the District of Columbia Housing Authority, or an event sponsored by any of the above entities shall be declared a drug free zone. For the purposes of this subsection, the term “appropriately identified” means that there is a sign that identifies the building or area as a drug free zone.
(b) Any person who violates § 48-904.01(a) by distributing or possessing with the intent to distribute a controlled substance which is listed in Schedule I, II, III, IV, or V within a drug free zone shall be punished by a fine up to twice that otherwise authorized by this chapter to be imposed, by a term of imprisonment up to twice that otherwise imposed, or both.
§ 48–904.08. Second or subsequent offenses.
(a) Any person convicted under this chapter of a second or subsequent offense may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both.
(b) For purposes of this section, an offense is considered a second or subsequent offense if, prior to commission of the offense, the offender has at any time been convicted under this chapter or under any statute of the United States or of any state relating to a controlled substance.
(c) A person who is convicted of violating § 48-904.06 may be sentenced according to the provisions of § 48-904.06 or according to the provisions of this section, but not both.
§ 48–904.09. Attempt; conspiracy.
Any person who attempts or conspires to commit any offense defined in this subchapter is punishable by imprisonment or fine or both which may not exceed the maximum punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy.
§ 48–904.10. Possession of drug paraphernalia. [Repealed]
Repealed.
Subchapter V. Enforcement and Administrative Provisions.
§ 48–905.01. Cooperative arrangements; confidentiality.
(a) The Mayor shall cooperate with the Board of Education, federal agencies, and other state agencies in discharging the Mayor’s responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, the Mayor may:
(1) Arrange for the exchange of general information among governmental officials concerning the general use and abuse of controlled substances; and
(2) Coordinate and cooperate in training programs concerning controlled substance law enforcement within the District of Columbia.
(b) Results, information, and evidence received from the D.E.A. relating to the regulatory functions of this chapter, including results of inspections conducted by it, may be relied and acted upon by the Mayor in the exercise of the Mayor’s regulatory functions under this chapter.
(c)(1) A practitioner engaged in medical practice or research shall not nor shall be compelled to:
(A) Furnish to the Mayor the name or identity of a patient or research subject without the prior consent of the patient or research subject; or
(B) Furnish the name or identity of an individual that the practitioner is obligated to keep confidential in any civil, criminal, administrative, legislative, or other proceedings in the District of Columbia without prior consent of such individual.
(2) This section per se shall not limit, in a criminal investigation or prosecution or in an administrative proceeding by the Commission on Licensure to Practice the Healing Art in the District of Columbia, the authority to subpoena dispensing logs or other records of a practitioner containing information concerning the sale, prescription, or distribution of controlled substances under this chapter. The court may order sealed any information furnished without consent, pursuant to the provisions of this subsection.
§ 48–905.02. Forfeitures.
(a) The following property is subject to forfeiture if determined to be used in furtherance of or as proceeds of the manufacture or distribution of a controlled substance as prohibited by § 48-904.01(a): containers, conveyances, equipment, raw materials, real property, money, currency, securities, negotiable instruments, instrumentalities, books, records, and research products, including formulas and data.
(b) Contraband is not subject to forfeiture under this section, but may be seized and disposed of in accordance with applicable law; provided, that controlled substances shall be retained until the prosecutorial authority responsible for prosecuting a violation under this chapter certifies that such controlled substances are no longer needed as evidence.
(c) No property shall be subject to forfeiture for conduct involving only a violation of § 48-904.01(d).
(d) All seizures and forfeitures under this section shall follow the standards and procedures set forth in D.C. Law 20-278.
§ 48–905.03. Burden of proof.
(a) It is not necessary for the prosecution to negate any exemption or exception in this chapter in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this chapter. The burden of proof of any exemption or exception is upon the person claiming it.
(b) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this chapter, he or she is presumed not to be the holder of the registration or form. The burden of proof is upon him or her to rebut the presumption.
(c) Subsections (a) and (b) of this section shall not apply to D.C. Law 20-278.
§ 48–905.04. Educational programs; research purposes.
(a) The Mayor shall establish and operate an educational program consisting of films, lectures, panel discussions, or whatever other educational device the Mayor deems necessary and appropriate to enlighten persons on the habitual use of controlled substances in general and to instill in persons participating in such a program a respect for the law and legal institutions.
(b) The Mayor shall cooperate with the Board of Education in preparing similar programs for school children with the purpose of preventing their abuse of controlled substances.
(c) The Mayor shall prepare and operate similar and appropriate programs for children found to be delinquent for violation of the provisions of this chapter.
(d) The Mayor may authorize the possession and distribution of controlled substances by persons engaged in research. Possession and distribution of controlled substances by such persons, in the course of their research and to the extent of the authorization, does not violate the provisions of this chapter.
§ 48–905.05. Administrative inspections.
(a) The Mayor may make administrative inspections of controlled premises in accordance with the following provisions:
(1) For purposes of this section only, the term “controlled premises” means:
(A) Places where persons registered or exempted from registration requirements under this chapter are required to keep records; and
(B) Places including factories, warehouses, establishments, and conveyances in which persons registered or exempted from registration requirements under this chapter are permitted to hold, manufacture, compound, process, sell, deliver, or otherwise dispose of any controlled substance.
(2) When authorized by an administrative inspection warrant issued pursuant to subsection (b) of this section, an officer, an employee designated by the Mayor, or a designated civilian employee of the Metropolitan Police Department, upon presenting the warrant and appropriate credentials to the owner, operator, or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection.
(3) When authorized by an administrative inspection warrant, an officer or employee designated by the Mayor may:
(A) Inspect and copy records required by this chapter to be kept;
(B) Inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found therein, and, except as provided in paragraph (5) of this subsection, all other things therein, including records, files, papers, processes, controls, and facilities bearing on violation of this chapter; and
(C) Inventory any stock of any controlled substance therein and obtain samples thereof.
(4) This section does not prevent the inspection without a warrant of books and records pursuant to an administrative subpoena issued in accordance with § 48-905.07 nor does it prevent entries and administrative inspections, including seizures of property, without a warrant:
(A) If the owner, operator, or agent in charge of the controlled premises consents;
(B) In situations presenting imminent danger to health or safety;
(C) In situations involving inspection of conveyances if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;
(D) In any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; or
(E) In all other situations in which a warrant is not constitutionally required.
(5) An inspection authorized by this section shall not extend to financial data, sales data, other than shipment data, or pricing data unless the owner, operator, or agent in charge of the controlled premises consents in writing.
(b) Issuance and execution of administrative inspection warrants shall be as follows:
(1) A judge of the Superior Court of the District of Columbia, upon proper oath or affirmation showing probable cause, may issue warrants for the purpose of conducting administrative inspections authorized by this chapter or rules hereunder, and seizures of property appropriate to the inspections. For purposes of the issuance of administrative inspection warrants, probable cause exists upon showing a valid public interest in the effective enforcement of this chapter or rules hereunder, sufficient to justify administrative inspection of the area, premises, building, or conveyance in the circumstances specified in the application for the warrant.
(2) A warrant shall issue only upon an affidavit of a designated officer or employee having knowledge of the facts alleged, sworn to before the judge and establishing the grounds for issuing the warrant. If the judge is satisfied that grounds for the issuance of the warrant exist or that there is probable cause to believe they exist, a warrant shall be issued identifying the area, premises, building, or conveyance to be inspected, the purpose of the inspection, and, if appropriate, the type of property to be inspected, if any. The warrant shall:
(A) State the grounds for its issuance and the name of each person whose affidavit has been taken in support thereof;
(B) Be directed to a person authorized and designated by the Mayor to execute it;
(C) Command the person to whom it is directed to inspect the area, premises, building, or conveyance identified for the purpose specified and, if appropriate, direct the seizure of the property specified;
(D) Identify the item or types of property to be seized, if any; and
(E) Direct that it be served during normal business hours and designate the judge to whom it shall be returned.
(3) A warrant issued pursuant to this section must be executed and returned within 10 days of its date unless, upon a showing of a need for additional time, the Court orders otherwise. If property is seized pursuant to a warrant, a copy shall be given to the person from whom or from whose premises the property is taken, together with a receipt for the property taken. The return of the warrant shall be made promptly, accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken, if present, or in the presence of at least one person other than the person executing the warrant. A copy of the inventory shall be delivered to the person from whom or from whose premises the property was taken and to the applicant for the warrant.
§ 48–905.06. Chemist reports.
In a proceeding for a violation of this chapter, the official report of chain of custody and of analysis of a controlled substance performed by a chemist charged with an official duty to perform such analysis, when attested to by that chemist and by the officer having legal custody of the report and accompanied by a certificate under seal that the officer has legal custody, shall be admissible in evidence as evidence of the facts stated therein and the results of that analysis. A copy of the certificate must be furnished upon demand by the defendant or his or her attorney in accordance with the rules of the Superior Court of the District of Columbia or, if no demand is made, no later than 5 days prior to trial. In the event that the defendant or his or her attorney subpoenas the chemist for examination, the subpoena shall be without fee or cost and the examination shall be as on cross-examination.
§ 48–905.07. Mayoral subpoenas.
(a) In any investigation relating to the Mayor’s functions under this subchapter with respect to controlled substances, the Mayor may subpoena witnesses, compel the attendance and testimony of witnesses, and require the production of any records (including books, papers, documents, and other tangible things which constitute or contain evidence) which the Mayor finds relevant or material to the investigation. The attendance of witnesses and the production of records may be required from any place in the District of Columbia. Witnesses summoned under this section shall be paid the same fees and mileage that are paid witnesses in the Superior Court of the District of Columbia.
(b) A subpoena issued under this section may be served by any person designated in the subpoena to serve it. Service upon a natural person may be made by personal delivery of the subpoena to that person. Service may be made upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit under a common name, by delivering the subpoena to an officer, to a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. The affidavit of the person serving the subpoena entered on a true copy thereof by the person serving it shall be proof of service.
(c) In the case of contumacy by or refusal to obey a subpoena issued to any person, the Mayor may invoke the aid of any District of Columbia court within the jurisdiction of which the investigation is carried on or of which the subpoenaed person is an inhabitant, or in which the subpoenaed person carries on business or may be found, to compel compliance with the subpoena. The court may issue an order requiring the subpoenaed person to appear before the Mayor to produce records, if so ordered, or to give testimony touching the matter under investigation. Any failure to obey the order of the court may be punished by the court as a contempt thereof.
Subchapter VI. Miscellaneous.
§ 48–906.01. Pending proceedings.
(a) Prosecution for any violation of the laws repealed by D.C. Law 4-29, pursuant to § 604, which were initiated prior to August 5, 1981, is not affected or abated by this chapter. If the offense being prosecuted is similar to an offense set out in subchapter IV of this chapter, then the penalties under subchapter IV of this chapter apply if they are less than those under prior law.
(b) Civil seizures or forfeitures commenced prior to August 5, 1981, are not affected by this chapter.
(c) All administrative proceedings pending under prior laws which are superseded by this chapter shall be continued and brought to a final determination in accord with the laws and rules in effect prior to August 5, 1981.
(d) The Mayor shall initially permit persons to register who own or operate any establishment engaged in the manufacture, distribution, or dispensing of any controlled substance prior to August 5, 1981, and who are registered or licensed by the District of Columbia on August 5, 1981, pursuant to laws and rules in effect immediately prior thereto.
(e) This chapter applies to violations of law, seizures and forfeiture, administrative proceedings, and investigations which occur following its effective date.
§ 48–906.02. Continuation of orders and rules.
Any orders and rules issued under any law affected by this chapter and in effect on August 5, 1981, and not in conflict with it, continue in effect until modified, superseded, or repealed.
§ 48–906.03. Severability.
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Subchapter VII. Drug Interdiction and Demand Reduction Fund.
§ 48–907.01. Establishment of Fund. [Repealed]
Repealed.
§ 48–907.02. Funding and disbursements. [Repealed]
Repealed.
§ 48–907.03. Grant Award Committee. [Repealed]
Repealed.
