MISSISSIPPI LEGISLATURE
2007 Regular Session
To: Judiciary A
By: Representative Barnett, Clarke, Bondurant, Chism, Fillingane, Ishee, Lott, Malone, Martinson, Moore, Palazzo, Robinson (84th), Rogers (14th), Rotenberry, Staples, Thomas, Upshaw, Woods
AN ACT TO AMEND SECTIONS 41-29-115 AND 41-29-117, MISSISSIPPI CODE OF 1972, TO REMOVE HYDROCODONE FROM SCHEDULE III AND PLACE IT IN SCHEDULE II; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-29-115, Mississippi Code of 1972, is amended as follows:
41-29-115. (A) The controlled substances listed in this section are included in Schedule II.
SCHEDULE II
(a) Any of the following substances, except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:
(1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, excluding naloxone hydrochloride, apomorphine, dextrorphan, nalbuphine, nalmefene and naltrexone, 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) Hydromorphone;
(xii) Metopon;
(xiii) Morphine;
(xiv) Oxycodone;
(xv) Oxymorphone;
(xvi) Thebaine.
(2) Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (1), but not including the isoquinoline alkaloids of opium;
(3) Opium poppy and poppy straw;
(4) Cocaine, coca leaves and any salt, compound, derivative, or preparation of cocaine or coca leaves, and any salt, compound, derivative, isomer, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine.
(b) 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 specified chemical designation, dexthorphan excepted:
(1) Alfentanil;
(2) Alphaprodine;
(3) Anileridine;
(4) Bezitramide;
(5) Bulk dextropropoxyphene (nondosage forms);
(6) Carfentanil;
(7) Dihydrocodeine;
(8) Diphenoxylate;
(9) Fentanyl;
(10) Isomethadone;
(11) Levo-alphacetylmethadol (levo-alpha-acetylmethadol, levomethadyl acetate, LAAM);
(12) Levomethorphan;
(13) Levorphanol;
(14) Metazocine;
(15) Methadone;
(16) Methadone-intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
(17) Moramide-intermediate, 2-methyl-3-morpholino-1, 1-diphenyl propane-carboxylic acid;
(18) Pethidine (meperidine);
(19) Pethidine-intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;
(20) Pethidine-intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
(21) Pethidine-intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
(22) Phenazocine;
(23) Piminodine;
(24) Racemethorphan;
(25) Racemorphan;
(26) Remifentanil;
(27) Sufentanil.
(c) Any material, compound, mixture, or preparation which contains any quantity of the following substances:
(1) Amphetamine, its salts, optical isomers, and salts of its optical isomers;
(2) Phenmetrazine and its salts;
(3) Any substance which contains any quantity of methamphetamine, including its salts, isomers, and salts of isomers;
(4) Methylphenidate and its salts.
(d) Unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances:
(1) Amobarbital;
(2) Secobarbital;
(3) Pentobarbital;
(4) Amphetamine and methamphetamine immediate precursor: Phenylacetone (phenyl-2-propanone; P2P; benzyl methyl ketone; and methyl benzyl ketone);
(5) Phencyclidine immediate precursors:
(i) 1-phenylcyclohexylamine;
(ii) 1-piperidinocyclohexanecarbonitrile (PCC).
(6) Pentazocine and its salts in injectable dosage form;
(7) Nabilone, other names include: (+/-)-trans-3-(1,1-dimethylheptyl)-6, 6a, 7, 8, 10, 10a - hexahydro-1-1-hydroxy-6-6-dimethyl-9H-dibenzo (b,d) pyran-9-one;
(8) Glutethimide.
(e) Any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof:
(1) Not more than three hundred (300) milligrams of dihydrocodeinone (also known as hydrocodone), or any of its salts, per one hundred (100) milliliters or not more than fifteen (15) milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium;
(2) Not more than three hundred (300) milligrams of dihydrocodeinone, or any of its salts, per one hundred (100) milliliters or not more than fifteen (15) milligrams per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts;
(3) Not more than one and eight-tenths (1.8) grams of dihydrocodeine, or any of its salts, per one hundred (100) milliliters or not more than ninety (90) milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
(B) Any material, compound, mixture or preparation which contains any quantity of a Schedule II controlled substance and is listed as an exempt substance in 21 C.F.R., Section 1308.24 or 1308.32, shall be exempted from the provisions of the Uniform Controlled Substances Law.
SECTION 2. Section 41-29-117, Mississippi Code of 1972, is amended as follows:
41-29-117. (A) The controlled substances listed in this section are included in Schedule III.
SCHEDULE III
(a) Any material, compound, mixture, or preparation which contains any quantity of the following substances or their salts, isomers, or salts of isomers, of the following substances:
(1) Benzphetamine;
(2) Chlorphentermine;
(3) Clortermine;
(4) Phendimetrazine.
(b) Unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances:
(1) Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, except those substances which are specifically listed in other schedules.
(2) Unless specifically excepted or unless listed in another schedule, any compound, mixture or preparation containing any of the following substances or any salt of the substances specifically included in this subsection (2) and one or more other active medicinal ingredients which are not listed in any other schedule:
(i) Amobarbital;
(ii) Secobarbital;
(iii) Pentobarbital.
(3) Any suppository dosage form containing any of the following substances or any salt of any of the substances specifically included in this subsection (3) approved by the Food and Drug Administration for marketing only as a suppository:
(i) Amobarbital;
(ii) Secobarbital;
(iii) Pentobarbital.
(4) Chlorhexadol;
(5) Any drug product containing gamma-hydroxybutyric acid, including its salts, isomers and salts of isomers, for which an application is approved under Section 505 of the Federal Food, Drug and Cosmetic Act;
(6) Lysergic acid;
(7) Lysergic acid amide;
(8) Methyprylon;
(9) Sulfondiethylmethane;
(10) Sulfonethylmethane;
(11) Sulfonmethane;
(12) Tiletamine and zolazepam or any salt thereof; other names for the tiletamine and zolazepam combination product include: telazol; other names for tiletamine include: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone; other names for zolazepam include: 4-(2-fluorophenyl)-6, 8-dihydro 1, 3, 8-trimethylpyrazolo - (3,4-e) (1,4)-diazepin-7 (1H)-one; flupyrazapon.
(c) Nalorphine.
(d) Ketamine.
(e) Any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof:
(1) Not more than one and eight-tenths (1.8) grams of codeine, or any of its salts, per one hundred (100) milliliters or not more than ninety (90) milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;
(2) Not more than one and eight-tenths (1.8) grams of codeine, or any of its salts, per one hundred (100) milliliters or not more than ninety (90) milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
* * *
(3) Not more than three hundred (300) milligrams of ethylmorphine, or any of its salts, per one hundred (100) milliliters or not more than fifteen (15) milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(4) Not more than five hundred (500) milligrams of opium per one hundred (100) milliliters or per one hundred (100) grams, or not more than twenty-five (25) milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(5) Not more than fifty (50) milligrams of morphine, or any of its salts, per one hundred (100) milliliters or per one hundred (100) grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
(f) Any material, compound, mixture or preparation containing any quantity of any of the following anabolic steroids, which means any drug or hormonal substance chemically and pharmacologically related to testosterone (other than estrogens, progestins and corticosteroids) that promotes muscle growth, unless listed in another schedule or excepted:
(1) Boldenone (dehydrotestosterone);
(2) Chlorotestosterone (clostebol, 4-chlorotestosterone, 4-chlortestosterone);
(3) Dehydrochlormethyltestosterone;
(4) Dihydrotestosterone (stanolone, 4-dihydrotestosterone);
(5) Drostanolone;
(6) Ethylestrenol;
(7) Fluoxymesterone;
(8) Formebulone (formebolone);
(9) Mesterolone;
(10) Methandienone (methandrostenolone);
(11) Methandriol;
(12) Methenolone;
(13) Methyltestosterone;
(14) Mibolerone;
(15) Nandrolone;
(16) Norethandrolone;
(17) Oxandrolone;
(18) Oxymesterone;
(19) Oxymetholone;
(20) Stanozolol;
(21) Testolactone;
(22) Testosterone;
(23) Trenbolone;
(24) 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.
(g) Any material, compound, mixture or preparation which contains any quantity of buprenorphine or its salts.
(h) Any material, compound, mixture or preparation which contains any quantity of pentazocine or its salts in oral dosage form.
(i) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a United States Food and Drug Administration approved drug product.
(B) Any material, compound, mixture or preparation which contains any quantity of a Schedule III controlled substance and is listed as an exempt substance in 21 C.F.R., Section 1308.22, 1308.24, 1308.26, 1308.32 or 1308.34, shall be exempted from the provisions of the Uniform Controlled Substances Law.
SECTION 3. This act shall take effect and be in force from and after July 1, 2007.