HB-6038, As Passed House, September 23, 2010

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 6038

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 7212 and 7218 (MCL 333.7212 and 333.7218),

section 7212 as amended by 2002 PA 710 and section 7218 as

amended by 1998 PA 319.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 7212. (1) The following controlled substances are

2 included in schedule 1:

3 (a) Any of the following opiates, including their isomers,

4 esters, the ethers, salts, and salts of isomers, esters, and

5 ethers, unless specifically excepted, when the existence of these

6 isomers, esters, ethers, and salts is possible within the

7 specific chemical designation:

1 Acetylmethadol Difenoxin Noracymethadol

2 Allylprodine Dimenoxadol Norlevorphanol

3 Alpha-acetylmethadol Dimepheptanol Normethadone

4 Alphameprodine Dimethylthiambutene Norpipanone

5 Alphamethadol Dioxaphetyl butyrate Phenadoxone

6 Benzethidine Dipipanone Phenampromide

7 Betacetylmethadol Ethylmethylthiambutene Phenomorphan

8 Betameprodine Etonitazene Phenoperidine

9 Betamethadol Etoxeridine Piritramide

10 Betaprodine Furethidine Proheptazine

11 Clonitazene Hydroxypethidine Properidine

12 Dextromoramide Ketobemidone Propiram

13 Diampromide Levomoramide Racemoramide

14 Diethylthiambutene Levophenacylmorphan Trimeperidine

15 Morpheridine

16 (b) Any of the following opium derivatives, their salts,

17 isomers, and salts of isomers, unless specifically excepted, when

18 the existence of these salts, isomers, and salts of isomers is

19 possible within the specific chemical designation:

20 Acetorphine Drotebanol Morphine-N-Oxide

21 Acetyldihydrocodeine Etorphine Myrophine

22 Benzylmorphine Heroin Nicocodeine

23 Codeine methylbromide Hydromorphinol Nicomorphine

24 Codeine-N-Oxide Methyldesorphine Normorphine

25 Cyprenorphine Methyldihydromorphine Pholcodine

26 Desomorphine Morphine methylbromide Thebacon

1 Dihydromorphine Morphine methylsulfonate

2 (c) Any material, compound, mixture, or preparation which

3 contains any quantity of the following hallucinogenic substances,

4 their salts, isomers, and salts of isomers, unless specifically

5 excepted, when the existence of these salts, isomers, and salts

6 of isomers is possible within the specific chemical designation:

7 2-Methylamino-1-phenylpropan-1-one

8 Some trade and other names:

9 Methcathinone

10 Cat

11 Ephedrone

12 3, 4-methylenedioxy amphetamine

13 5-methoxy-3, 4-methylenedioxy

14 amphetamine

15 3, 4, 5-trimethoxy amphetamine

16 Bufotenine

17 Some trade and other names:

18 3-(B-dimethylaminoethyl)-5 hydrozyindole

19 3-(2-dimethylaminoethyl)-5 indolol

20 N,N-dimethylserotonin; 5-hydroxy-N-dimethyltryptamine

21 Mappine

22 2, 5-Dimethoxyamphetamine

23 Some trade or other names:

24 2, 5-Dimethoxy-a-methylphenethylamine; 2,5-DMA

25 4-Bromo-2, 5-Dimethoxyamphetamine

26 Some trade or other names:

27 4-bromo-2, 5 dimethoxy-a-methylphenethylamine; 4-bromo

28 2,5-DMA

1 Diethyltryptamine

2 Some trade and other names:

3 N,N-Diethyltryptamine; DET

4 Dimethyltryptamine

5 Some trade or other names:

6 DMT

7 4-methyl-2, 5-dimethoxyamphetamine

8 Some trade and other names:

9 4-methyl-2, 5-dimethoxy-a-methyl-phenethylamine

10 DOM, STP

11 4-methoxyamphetamine

12 Some trade or other names:

13 4-methoxy-a-methylphenethylamine; paramethoxy amphetamine;

14 PMA

15 Ibogaine

16 Some trade and other names:

17 7-Ethyl-6,6a,7,8,9,10,12,13

18 Octahydro-2-methoxy-6,9-methano-5H-

19 pyrido (1, 2:1, 2 azepino 4, 5-b) indole

20 tabernanthe iboga

21 Lysergic acid diethylamide

22 Marihuana ~~, except as otherwise provided in subsection (2)~~

23 Mecloqualone

24 Mescaline

25 Peyote

26 N-ethyl-3 piperidyl benzilate

27 N-methyl-3 piperidyl benzilate

28 Psilocybin

29 Psilocyn

30 Thiophene analog of phencyclidine

31 Some trade or other names:

1 1-(1-(2-thienyl)cyclohexyl) piperidine)

2 2-thienyl analog of phencyclidine; TPCP

3 (d) ~~Except as provided in subsection (2), synthetic~~

4 Synthetic equivalents of the substances contained in the plant,

5 or in the resinous extractives of cannabis and synthetic

6 substances, derivatives, and their isomers with similar chemical

7 structure or pharmacological activity, or both, such as the

8 following, are included in schedule 1:

9 (i) /\¹ cis or trans tetrahydrocannabinol, and their optical

10 isomers.

11 (ii) /\⁶ cis or trans tetrahydrocannabinol, and their optical

12 isomers.

13 (iii) /\³,⁴, cis or trans tetrahydrocannabinol, and their

14 optical isomers.

15 (e) Compounds of structures of substances referred to in

16 subdivision (d), regardless of numerical designation of atomic

17 positions, are included.

18 (f) Gamma-hydroxybutyrate and any isomer, salt, or salt of

19 isomer of gamma-hydroxybutyrate.

20 Some trade and other names:

21 Sodium oxybate

22 4-hydroxybutanoic acid monosodium salt

23 (g) 3,4-methylenedioxymethamphetamine.

24 Some trade and other names:

25 Ecstasy

1 MDMA

2 N-Benzylpiperazine

4 Some trade and other names:

5 BZP

6 Benzylpiperazine

7 1-(phenylmethyl)-piperazine

9 3-Chlorophenylpiperazine

10 Some trade and other names:

11 MCPP

12 1-(3-Trifluoromethylphenyl)piperazine

13 Some trade and other names:

14 TFMPP

15 4-Bromo-2,5-dimethoxybenzylpiperazine

16 Some trade and other names:

17 2C-B-BZP

18 (h) All of the following:

19 (i) (6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-

20 methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol.

21 Some trade and other names:

22 HU-210

23 (ii) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-

24 yl)phenol and its side chain homologues.

25 Some trade and other names:

26 CP47,497

1 (iii) 1-pentyl-3-(1-naphthoyl)indole.

2 Some trade and other names:

3 JWH-018

4 (iv) 1-butyl-3-(1-naphthoyl)indole.

5 Some trade and other names:

6 JWH-073

7 (v) (2-methyl-1-propyl-1H-indol-3-yl)-1-naphthalenyl-

8 methanone.

9 Some trade and other names:

10 JWH-015

11 (vi) [1-[2-(4-morpholinyl)ethyl]-1H-indol-3-yl]-1-

12 naphthalenyl-methanone.

13 Some trade and other names:

14 JWH-200

15 (vii) 1-(1-pentyl-1H-indol-3-yl)-2-(2-methoxyphenyl)-

16 ethanone.

17 Some trade and other names:

18 JWH-250

19 (i) Mephradone (4-methylmethcathinone).

20 Some trade and other names:

1 4-MMC, M-Cat, meow meow, bounce, bubbles, and mad cow

2 (j) 4-Methyl-alpha-pyrrolidinobutyrophenone.

3 Some trade and other names:

4 MPBP

5 (k) Catha edulis; except as provided in subdivision (l) and

6 section 7218, all parts of the plant presently classified

7 botanically as catha edulis, whether growing or not; the leaves

8 and seeds of that plant; any extract from any part of that plant,

9 and every compound, salt, derivative, mixture, or preparation of

10 that plant or its leaves, seeds, or extracts.

11 Some trade and other names:

12 Khat

13 Qat

14 (l) Cathinone.

15 (m) Salvia divinorum; except as provided in subdivision (n),

16 all parts of the plant presently classified botanically as salvia

17 divinorum, whether growing or not; the leaves and seeds of that

18 plant; any extract from any part of that plant; and every

19 compound, salt, derivative, mixture, or preparation of that plant

20 or its leaves, seeds, or extracts.

21 (n) Salvinorin A.

22 ~~(2) Marihuana and the substances described in subsection (1)~~

23 ~~(d) and (e) in schedule 1 shall be regulated as provided in~~

24 ~~schedule 2, if they are dispensed in the manner provided in~~

1 ~~sections 7335 and 7336.~~

2 (2) ~~(3)~~ For purposes of subsection (1), "isomer" includes

3 the optical, position, and geometric isomers.

4 Sec. 7218. (1) The following controlled substances are

5 included in schedule 4:

6 (a) Any material, compound, mixture, or preparation

7 containing any quantity of the following substances having a

8 potential for abuse associated with a depressant effect on the

9 central nervous system, including their salts, isomers, and salts

10 of isomers if the existence of the salts, isomers, and salts of

11 isomers is possible within the specific chemical designation:

12 Barbital Flurazepam

13 Chloral Betaine Lorazepam

14 Chloral Hydrate Mebutamate

15 Chlordiazepoxide Meprobamate

16 Clonazepam Methohexital

17 Clorazepate Methylphenobarbital

18 Dextropropoxyphene Oxazepam

19 Diazepam Paraldehyde

20 Ethchlorvynol Petrichloral

21 Ethinamate Phenobarbital

22 Flunitrazepam Prazepam

23 (b) Any material, compound, mixture, or preparation

24 containing any quantity of the following substances having a

25 potential for abuse associated with an effect on the central

26 nervous system, including their salts, optical, positional, or

27 geometric isomers, and salts of the isomers if the existence of

1 the salts, isomers, and salts of isomers is possible.

2 Fenfluramine

3 (c) Any material, compound, mixture, or preparation

4 containing any quantity of the following substances having a

5 potential for abuse associated with a stimulant effect on the

6 central nervous system, including their salts, optical,

7 positional, or geometric isomers, and salts of the isomers if the

8 existence of the salts, isomers, and salts of isomers is possible

9 within the specific chemical designation.

10 Diethylpropion

11 Phentermine

12 Pemoline, including organometallic complexes and chelates of

13 pemoline.

14 Cathine

15 Some trade and other names:

16 d-norpseudoephedrine

17 (2) The administrator may except by rule any compound,

18 mixture or preparation containing any substance listed in

19 subsection (1) from the application of all or any part of this

20 article if the compound, mixture or preparation contains 1 or

21 more active medicinal ingredients not having a depressant or

22 stimulant effect on the central nervous system and if the

23 admixtures are in combinations, quantity, proportion, or

24 concentration that vitiate the potential for abuse of the

25 substances having a depressant or stimulant effect on the central

26 nervous system.

27 Enacting section 1. This amendatory act takes effect October