MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Drug Policy
By: Representatives Willis, Paden, Reynolds
AN ACT TO AMEND SECTION 41-29-113, MISSISSIPPI CODE OF 1972, TO REVISE SCHEDULE I OF THE CONTROLLED SUBSTANCES ACT TO INCLUDE CERTAIN SYNTHETIC CANNABINOIDS, FENTANYLS AND FENTANYL-LIKE SUBSTANCES THAT HAVE NO ACCEPTED MEDICAL USE; TO AMEND SECTION 41-29-115, MISSISSIPPI CODE OF 1972, TO AMEND SCHEDULE II TO EXCLUDE NALDEMEDINE; TO AMEND SECTION 41-29-121, MISSISSIPPI CODE OF 1972, TO REVISE SCHEDULE V TO INCLUDE A CANNABINOID THAT HAS BEEN APPROVED AS A LEGEND DRUG BY THE FEDERAL FOOD AND DRUG ADMINISTRATION; TO CREATE A TASK FORCE TO STUDY THE CULTIVATION OF HEMP AND MAKE RECOMMENDATIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-29-113, Mississippi Code of 1972, is amended as follows:
41-29-113. * * *
SCHEDULE I
(a) Schedule I consists of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, that is listed in this section.
( * * *b) Opiates. 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:
(1) Acetyl-alpha-methylfentanyl;
(2) Acetyl Fentanyl N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide;
(3) AH-7921 (3,4-dichloro-N-[(1-dimethylamino) cyclohexylmethyl]benzamide);
(4) Acetylmethadol;
(5) Allylprodine;
(6) Alphacetylmethadol, except levo-alphacetylmethadol (levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM);
(7) Alphameprodine;
(8) Alphamethadol;
(9) Alpha-methylfentanyl;
(10) Alpha-methylthiofentanyl;
(11) Benzethidine;
(12) Betacetylmethadol;
(13) Beta-hydroxyfentanyl;
(14) Beta-hydroxy-3-methylfentanyl;
(15) Betameprodine;
(16) Betamethadol;
(17) Betaprodine;
(18) Butyrl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide);
(19) Clonitazene;
( * * *20) Dextromoramide;
( * * *21) Diampromide;
( * * *22) Diethylthiambutene;
( * * *23) Difenoxin;
( * * *24) Dimenoxadol;
( * * *25) Dimepheptanol;
( * * *26) Dimethylthiambutene;
( * * *27) Dioxaphetyl butyrate;
( * * *28) Dipipanone;
( * * *29) Ethylmethylthiambutene;
( * * *30) Etonitazene;
( * * *31) Etoxeridine;
( * * *32) Fentanyl-related substances,
meaning any substance not otherwise listed under another schedule and for which
no exemption or approval is in effect under Section 505 of the Federal Food,
Drug, and Cosmetic Act [21 USC 355] that is structurally related to fentanyl by
one or more of the following modifications:
(A) Replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle;
(B) Substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino or nitro groups;
(C) Substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino or nitro groups;
(D) Replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle; and/or
(E) Replacement of the N-propionyl group by another acyl group.
Fentanyl-related substances include, but are not limited to, cyclopropyl fentanyl, (N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide); Furanyl-Fentanyl,
(N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2-carboxamide); valeryl fentanyl, (N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide); para-fluorobutyryl fentanyl, (N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide); para-methoxybutyryl fentanyl, (N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide); para-chloroisobutyryl fentanyl, (N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide); isobutyryl fentanyl, (N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide);
cyclopentyl fentanyl, (N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide); and
ocfentanil, (N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)acetamide);
( * * *33) Furethidine;
( * * *34) Hydroxypethidine;
( * * *35) Ketobemidone (including the
optical and geometric isomers);
( * * *36) Levomoramide;
( * * *37) Levophenacylmorphan;
( * * *38) 3-methylfentanyl;
( * * *39) 3-methylthiofentanyl;
( * * *40) Morpheridine;
( * * *41) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
* * *
(42) N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl]piperidin-4-yl]-N-phenylpropionamide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (other names: beta-hydroxythiofentanyl);
(43) Noracymethadol;
(44) Norlevorphanol;
(45) Normethadone;
(46) Norpipanone;
(47) Para-fluorofentanyl;
(48) PEPAP (1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(49) Phenadoxone;
(50) Phenampromide;
(51) Phenomorphan;
(52) Phenoperidine;
(53) Piritramide;
(54) Proheptazine;
(55) Properidine;
(56) Propiram;
(57) Racemoramide;
(58) Thiofentanyl;
(59) Tilidine;
(60) Trimeperidine;
(61) U-47700, 3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide.
( * * *c) Opium derivatives. Unless
specifically excepted or unless listed in another schedule, any of the
following opium derivatives, their salts, isomers and salts of isomers, * * * whenever the
existence of these salts, isomers and salts of isomers is possible within the
specific chemical designation:
(1) Acetorphine;
(2) Acetyldihydrocodeine;
(3) Benzylmorphine;
(4) Codeine methylbromide;
(5) Codeine-N-Oxide;
(6) Cyprenorphine;
(7) Desomorphine;
(8) Dihydromorphine;
(9) Drotebanol;
(10) Etorphine (except hydrochloride salt);
(11) Heroin;
(12) Hydromorphinol;
(13) Methyldesorphine;
(14) Methyldihydromorphine;
(15) Monoacetylmorphine;
(16) Morphine methylbromide;
(17) Morphine methylsulfonate;
(18) Morphine-N-Oxide;
(19) Myrophine;
(20) Nicocodeine;
(21) Nicomorphine;
(22) Normorphine;
(23) Pholcodine;
(24) Thebacon.
( * * *d) Hallucinogenic substances. Unless
specifically excepted or unless listed in another schedule, any material,
compound, mixture or preparation which contains any quantity of the following
substances, their salts, isomers (whether optical, positional, or geometric)
and salts of isomers, * * * whenever the existence of these salts,
isomers and salts of isomers is possible within the specific chemical
designation:
(1) Alpha-ethyltryptamine;
(2) 4-bromo-2,5-dimethoxy-amphetamine;
(3) 4-bromo-2,5-dimethoxyphenethylamine;
(4) 2,5-dimethoxyamphetamine;
(5) 2,5-dimethoxy-4-ethylamphetamine (DOET);
(6) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7);
(7) 4-methoxyamphetamine;
(8) 5-methoxy-3,4-methylenedioxy-amphetamine;
(9) 4-methyl-2,5-dimethoxy-amphetamine;
(10) 3,4-methylenedioxy amphetamine;
(11) 3,4-methylenedioxymethamphetamine (MDMA);
(12) 3,4-methylenedioxy-N-ethylamphetamine (also known as N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl MDA, MDE, MDEA);
(13) N-hydroxy-3,4-methylenedioxyamphetamine (also known as N-hydroxy MDA, N-OHMDA, and N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine);
(14) 3,4,5-trimethoxy amphetamine;
(15) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);
(16) Alpha-methyltryptamine (also known as AMT);
(17) Bufotenine;
(18) Diethyltryptamine;
(19) Dimethyltryptamine;
(20) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT);
(21) Ibogaine;
(22) Lysergic acid diethylamide (LSD);
(23) (A) Marijuana (Cannabidiol contained in a legend drug product approved by the Federal Food and Drug Administration or obtained under Section 41-29-136 is exempt under Schedule I);
(B) Hashish;
(24) Mescaline;
(25) Parahexyl;
(26) Peyote;
(27) N-ethyl-3-piperidyl benzilate;
(28) N-methyl-3-piperidyl benzilate;
(29) Psilocybin;
(30) Psilocyn;
(31) Tetrahydrocannabinols, meaning tetrahydrocannabinols contained in a plant of the genus Cannabis (cannabis plant), as well as the synthetic equivalents of the substances contained in the cannabis plant, or in the resinous extractives of such plant, and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant such as the following:
(A) 1 cis or trans tetrahydrocannabinol;
(B) 6 cis or trans tetrahydrocannabinol;
(C) 3,4 cis or trans tetrahydrocannabinol.
(Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of atomic positions, are covered.)
("Tetrahydrocannabinols" excludes dronabinol and nabilone.)
However, the following products are exempted from control:
(i) THC-containing industrial products made from cannabis stalks (e.g., paper, rope and clothing);
(ii) Processed cannabis plant materials used for industrial purposes, such as fiber retted from cannabis stalks for use in manufacturing textiles or rope;
(iii) Animal feed mixtures that contain sterilized cannabis seeds and other ingredients (not derived from the cannabis plant) in a formula designed, marketed and distributed for nonhuman consumption;
(iv) Personal care products that contain oil from sterilized cannabis seeds, such as shampoos, soaps, and body lotions (if the products do not cause THC to enter the human body); and
(v) Processed cannabis plant extract, oil or resin with a minimum ratio of twenty-to-one cannabidiol to tetrahydrocannabinol (20:1 cannabidiol:tetrahydrocannabinol), and diluted so as to contain at least fifty (50) milligrams of cannabidiol per milliliter, with not more than two and one-half (2.5) milligrams of tetrahydrocannabinol per milliliter;
(32) Phencyclidine;
(33) Ethylamine analog of phencyclidine (PCE);
(34) Pyrrolidine analog of phencyclidine (PHP, PCPy);
(35) Thiophene analog of phencyclidine;
(36) 1-[1-(2-thienyl)cyclohexyl] pyrrolidine (TCPy);
(37) 4-methylmethcathinone (mephedrone);
(38) 3,4-methylenedioxypyrovalerone (MDPV);
(39) 2-(2,5-dimethoxy-4-ethylphenyl)ethanamine (2C-E);
(40) 2-(2,5-dimethoxy-4-methylphenyl)ethanamine (2C-D);
(41) 2-(4-chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);
(42) 2-(4-iodo-2,5-dimethoxyphenyl)ethanamine (2C-I); or 2,5-dimethoxy-4-iodophenethylamine;
(43) 2-[4-(ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2);
(44) 2-[4-(isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4);
(45) 2-(2,5-dimethoxyphenyl)ethanamine (2C-H);
(46) 2-(2,5-dimethoxy-4-nitro-phenyl)ethanamine (2C-N);
(47) 2-(2,5-dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P);
(48) 3,4-methylenedioxy-N-methylcathinone(methylone);
(49) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25B-NBOMe; 2C-B-NBOMe; 25B; Cimbi-36);
(50) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25C-NBOMe; 2C-C-NBOMe; 25C; Cimbi-82);
(51) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine or N-[(2-methoxyphenyl)methyl]ethanamine (25I-NBOMe; 2C-I-NBOMe; 25I; Cimbi-5);
(52) 7-bromo-5-(2-chlorophenyl)-1,3-dihydro-2H-1, 4-benzodiazepin-2-one (also known as Phenazepam);
(53) 7-(2-chlorophenyl)-4-ethyl-13-methyl-3-thia-1,8, 11,12-tetraazatricyclo[8.3.0.0]trideca-2(6),4,7,10,12-pentaene (also known as Etizolam);
(54) Salvia divinorum;
(55) Synthetic cannabinoids. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of a synthetic cannabinoid found in any of the following chemical groups, whether or not substituted to any extent, or any of those groups which contain any synthetic cannabinoid salts, isomers, or salts of isomers, whenever the existence of such salts, isomers, or salts of isomers is possible within the specific chemical designation, including all synthetic cannabinoid chemical analogues in such groups:
(A) (6aR,10aR)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c] chromen-1-ol (also known as HU-210 or 1,1-dimethylheptyl-11-hydroxy-delta8-tetrahydrocannabinol);
(B) Naphthoylindoles and naphthylmethylindoles, being any compound structurally derived from 3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-naphthyl)methane, whether or not substituted in the indole ring to any extent, or in the naphthyl ring to any extent;
(C) Naphthoylpyrroles, being any compound structurally derived from 3-(1-naphthoyl)pyrrole, whether or not substituted in the pyrrole ring to any extent, or in the naphthyl ring to any extent;
(D) Naphthylmethylindenes, being any compound structurally derived from 1-(1-naphthylmethyl)indene, whether or not substituted in the indene ring to any extent or in the naphthyl ring to any extent;
(E) Phenylacetylindoles, being any compound structurally derived from 3-phenylacetylindole, whether or not substituted in the indole ring to any extent or in the phenyl ring to any extent;
(F) Cyclohexylphenols, being any compound structurally derived from 2-(3-hydroxycyclohexyl)phenol, whether or not substituted in the cyclohexyl ring to any extent or in the phenolic ring to any extent;
(G) Benzoylindoles, whether or not substituted in the indole ring to any extent or in the phenyl ring to any extent;
(H) Adamantoylindoles, whether or not substituted in the indole ring to any extent or in the adamantoyl ring system to any extent;
(I) Tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives, except where contained in cannabis or cannabis resin;
(J) 3-Cyclopropylmethanone indole or 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, whether or not substituted on the cyclopropyl, cyclobutyl or cyclopentyl rings to any extent;
(K) Quinolinyl ester indoles, being any compound 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;
(L) 3-carboxamide-1H-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;
(M) Cycloalkanemethanone Indoles, whether or not substituted at the nitrogen atom on the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the cycloalkane ring to any extent.
( * * *e) Depressants. 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
their salts, isomers, and salts of isomers, whenever the existence of such
salts, isomers, and salts of isomers is possible within the specific chemical
designation:
(1) Gamma-hydroxybutyric acid (other names include: GHB, gamma-hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate);
(2) Mecloqualone;
(3) Methaqualone.
( * * *f) Stimulants. Any material,
compound, mixture or preparation which contains any quantity of the following
central nervous system stimulants including optical salts, isomers and salts of
isomers unless specifically excepted or unless listed in another schedule:
(1) Aminorex;
(2) N-benzylpiperazine
(also known as BZP * * *
and 1-benzylpiperazine);
(3) Cathinone;
(4) Fenethylline;
(5) Methcathinone;
(6) 4-methylaminorex (also known as 2-amino-4-methyl-5-phenyl-2-oxazoline);
(7) N-ethylamphetamine;
(8) Any material,
compound, mixture or preparation which contains any quantity of N,N-dimethylamphetamine.
(Other names include: N,N,-alpha-trimethyl-benzeneethanamine * * * and N,N-alpha-trimethylphenethylamine);
(9) Synthetic cathinones. (A) Unless listed in another schedule, any compound other than bupropion that is structurally derived from 2-Amino-1-phenyl-1-propanone by modification in any of the following ways:
(i) By substitution in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl or halide substituents, whether or not further substituted in the phenyl ring by one or more other univalent substituents;
(ii) By substitution at the 3-position with an alkyl substituent;
(iii) By substitution at the nitrogen atom with alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure.
(B) The compounds covered in this paragraph (9) include, but are not limited to, any material compound, mixture or preparation which contains any quantity of a synthetic cathinone found in any of the following compounds, whether or not substituted to any extent, or any of these compounds which contain any synthetic cathinone, or salts, isomers, or salts of isomers, whenever the existence of such salts, isomers or salts of isomers is possible, unless specifically excepted or listed in another schedule:
(i) 4-methyl-N-ethylcathinone ("4-MEC");
(ii) 4-methyl-alpha-pyrrolidinopropiophenone ("4-MePPP");
(iii) Alpha-pyrrolidinopentiophenone ("α-PVP");
(iv) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one ("butylone");
(v) 2-(methylamino)-1-phenylpentan-1-one ("pentedrone");
(vi) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one ("pentylone");
(vii) 4-fluoro-N-methylcathinone ("4-FMC");
(viii) 3-fluoro-N-methylcathinone ("3-FMC");
(ix) 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl)pentan-1-one
("naphyrone"); * * * and
(x) Alpha-pyrrolidinobutiophenone
("α-PBP") * * *. ; and
(xi) 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)-pentan-1-one (N-ethylpentylone, ephylone).
SECTION 2. Section 41-29-115, Mississippi Code of 1972, is amended as follows:
41-29-115. ( * * *a) The controlled substances listed in
this section, by whatever official name, common or usual name, chemical
name, or brand name designated, are included in Schedule II.
SCHEDULE II
( * * *b) Substances, vegetable origin or
chemical synthesis. Unless specifically excepted or unless listed in
other schedules, 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:
(1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, excluding apomorphine, thebaine-derived butorphanol, dextrorphan, nalbuphine, naldemedine, nalmefene, naloxegol, naloxone and naltrexone, but including the following:
(i) Codeine;
(ii) Dihydroetorphine;
(iii) Ethylmorphine;
(iv) Etorphine hydrochloride;
(v) Granulated opium;
(vi) Hydrocodone, whether alone or in combination with any material, compound, mixture or preparation;
(vii) Hydromorphone;
(viii) Metopon;
(ix) Morphine;
(x) Opium extracts;
(xi) Opium fluid extracts;
(xii) Oripavine;
(xiii) Oxycodone;
(xiv) Oxymorphone;
(xv) Powdered opium;
(xvi) Raw opium;
(xvii) Thebaine;
(xviii) Tincture
of opium * * *;
(2) Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (1), but not including the isoquinoline alkaloids of opium;
(3) Opium poppy and poppy straw;
(4) Coca leaves and any salt, compound, derivative, or preparation of cocaine or coca leaves, including cocaine and ecgonine and any salt, compound, derivative, isomer, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including:
(i) Decocainized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine; or
(ii) Ioflupane;
(5) 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).
( * * *c) Opiates. 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, dextrorphan and
levopropoxyphene 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-diphenylpropane-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;
(28) Tapentadol;
(29) Thiafentanil, 4-(methoxycarbonyl)-4-(N-phenmethoxyacetamido)-1-[2-(thienyl)ethyl]piperidine.
( * * *d) Stimulants. 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;
(5) Lisdexamfetamine, its salts, isomers and salts of isomers.
( * * *e) Depressants. Unless specifically
exempted or 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) Glutethimide.
( * * *f) Hallucinogenic substances.
(1) Dronabinol oral solution [(-)-delta-9-trans-tetrahydrocannabinol (delta-9-THC)];
(2) Nabilone [other names include: (+/-)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a- hexahydro-1-hydroxy-6,6-dimethyl-9H-dibenzo(b,d)pyran-9-one].
( * * *g) Immediate precursors.
Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any quantity of the
following substances:
(1) Amphetamine and methamphetamine immediate precursor: Phenylacetone (other names include: phenyl-2-propanone; P2P; benzyl methyl ketone; and methyl benzyl ketone);
(2) Phencyclidine immediate precursors:
(i) 1-phenylcyclohexylamine;
(ii) 1-piperidinocyclohexanecarbonitrile (PCC);
(3) Fentanyl immediate precursor: 4-anilino-N-phenethyl-4-piperidine (ANPP).
( * * *h) 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 CFR, Section 1308.24 or 1308.32,
shall be exempted from the provisions of the Uniform Controlled Substances Law.
SECTION 3. Section 41-29-121, Mississippi Code of 1972, is amended as follows:
41-29-121. * * *
SCHEDULE V
(a) Schedule V consists of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.
(b) Narcotic drugs. [Reserved]
( * * *c) Narcotic drugs containing
nonnarcotic active medicinal ingredients. Any compound, mixture or
preparation containing * * * any of the following narcotic drugs, or their salts
calculated as the free anhydrous base or alkaloid, in limited quantities as set
forth below, which also contains one 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:
(1) Not more than two hundred (200) milligrams of codeine, or any of its salts, per one hundred (100) milliliters or per one hundred (100) grams;
(2) Not more than one hundred (100) milligrams of dihydrocodeine, or any of its salts, per one hundred (100) milliliters or per one hundred (100) grams;
(3) Not more than one hundred (100) milligrams of ethylmorphine, or any of its salts, per one hundred (100) milliliters or per one hundred (100) grams;
(4) Not more than two and five-tenths (2.5) milligrams of diphenoxylate and not less than twenty-five (25) micrograms of atropine sulphate per dosage unit;
(5) Not more than one hundred (100) milligrams of opium per one hundred (100) milliliters or per one hundred (100) grams;
(6) Not more than five-tenths (0.5) milligram of difenoxin and not less than twenty-five (25) micrograms of atropine sulfate per dosage unit.
( * * *d) Stimulants. Unless
specifically excepted or listed in another schedule, any material, compound,
mixture or preparation which contains any quantity of the following substance,
including its salts, isomers and salts of isomers: Pyrovalerone.
( * * *e) Depressants. Unless
specifically exempted or excluded 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 their salts, isomers and salts of isomers:
(1) Brivaracetam ((2S)-2-[(4R)-2-oxo-4-propylpyrrolidin-1-yl] butanamide) (also referred to as BRV; UCB-34714; Briviact);
(2) Ezogabine [N-[2-amino-4-(4-
fluorobenzylamino)-phenyl]-carbamic acid ethyl ester];
(3) Lacosamide [(R)-2-acetoamido-N-benzyl-3-methoxy-propionamide];
(4) Pregabalin [(S)-3-(aminomethyl)-5-methylhexanoic acid].
(f) Approved cannabidiol drugs. A drug product in finished dosage formulation that has been approved by the United States Food and Drug Administration that contains cannabidiol (2-R-3-methyl-6R-1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol) derived from cannabis and no more than 0.1 percent (w/w) residual tetrahydrocannabinols.
( * * *g) Any material, compound, mixture or
preparation which contains any quantity of a Schedule V controlled substance
and is listed as an exempt substance in 21 CFR, 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 4. (1) There is created the Mississippi Hemp Cultivation Task Force which shall be composed of thirteen (13) members as follows:
(a) The Commissioner of Agriculture and Commerce or a designee;
(b) The President of Mississippi State University or a designee;
(c) The President of Alcorn State University or a designee;
(d) A director of the University of Mississippi School of Pharmacy National Center for Natural Products Research or a designee;
(e) The President of the Delta Council or a designee;
(f) A representative of the Mississippi Secretary of State's office;
(g) A representative of the Mississippi Attorney General's office;
(h) The Director of Pharmacy, Mississippi State Department of Health or a designee;
(i) A member of the Mississippi House of Representatives designated by the Speaker of the House;
(j) A member of the Mississippi Senate designated by the Lieutenant Governor;
(k) The Commissioner of Public Safety or a designee;
(l) The President of the Mississippi Farm Bureau Federation or a designee; and
(m) A designee of the Governor.
(2) The Commissioner of Agriculture and Commerce, or the Commissioner's designee, shall chair the task force and shall call the first meeting, at which the task force shall elect a vice chair from its membership and shall adopt rules for transacting its business and keeping records. Members of the task force shall receive a per diem in the amount provided in Section 25-3-69 for each day engaged in the business of the task force. Members of the task force other than the legislative members shall receive reimbursement for travel expenses incurred while engaged in official business of the task force in accordance with Section 25-3-41 and the legislative members of the task force shall receive the expense allowance provided in Section 5-1-47.
(3) The duties of the task force shall be to:
(a) Make a comprehensive study of the potential for cultivation of hemp in this state. Reports shall be provided to the Legislature each year at least one (1) month before the convening of the regular session.
(b) Examine and study approaches taken by other states in the monitoring and regulation of hemp cultivation.
(c) Study the economic costs and benefits of hemp cultivation, market potential, and potential job creation.
(4) The Mississippi Department of Agriculture and Commerce shall supply the necessary staff and research assistance to the Task Force in its work.
(5) This section shall stand repealed on July 1, 2020.
SECTION 5. This act shall take effect and be in force from and after July 1, 2019.