MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Judiciary, Division B
By: Senator(s) Boyd, Williams
AN ACT TO AMEND SECTION 41-29-115, MISSISSIPPI CODE OF 1972, TO INCLUDE TIANEPTINE AS A SCHEDULE II CONTROLLED SUBSTANCE BECAUSE IT HAS A RECOGNIZED MEDICAL USE BUT HAS A HIGH POTENTIAL FOR ABUSE THAT MAY LEAD TO SEVERE PSYCHOLOGICAL OR PHYSICAL DEPENDENCE; 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, 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) Oliceridine (N-[(3-methoxythiophen-2-yl)methyl]({2-[(9R)-9-(pyridin-2-yl)-6-
oxaspiro[4.5]decan-9-yl]ethyl})amine);
(19) Pethidine (meperidine);
(20) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;
(21) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
(22) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
(23) Phenazocine;
(24) Piminodine;
(25) Racemethorphan;
(26) Racemorphan;
(27) Remifentanil;
(28) Sufentanil;
(29) Tapentadol;
(30) Thiafentanil, methyl 4-(2-methoxy-N-phenylacetamido)-1-(2-(thiophen-2-yl)ethyl)
piperidine-4-carboxylate).
(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) Tianeptine
7-((3-chloro-6-methyl-5,5-dioxido-6,11-dihydrodibenzo[c,f][1,2]thiazepin-11-yl)amino)heptanoic acid.
(i) 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 2. This act shall take effect and be in force from and after July 1, 2023.