[Added 5-7-2015 by Ord.
No. 15-06]
Industrial hemp, as defined under Chapter
307 of the Menominee Tribal Code, is excluded from the categories of controlled substances identified under this chapter.
[Added 2-4-2016 by Ord.
No. 15-35]
A. Notwithstanding any other provision of Chapter
306 or any other tribal law, any person 21 years of age or older who uses or possesses 25 grams or less of marijuana shall be assessed a civil penalty of $20 for a first offense; $30 for a second offense; and $40 for a third or any additional offense, in addition to such routine assessments necessary for the administration of civil violations, and such marijuana shall be subject to confiscation. The person shall not be subject to any other form of criminal or civil punishment related solely to such use or possession.
B. Notwithstanding any other provision of Chapter
306 or any other tribal law, any person under the age of 21 who uses or possesses 25 grams or less of marijuana shall be subject to the penalties listed in Subsections
E through
G. The marijuana in question shall be subject to confiscation, and the person shall not be subject to any other form of criminal or civil punishment solely related to such use or possession.
C. Notwithstanding any other provision of Chapter
306 or any other tribal law, the possession or use of drug paraphernalia associated with the use or possession of 25 grams or less of marijuana shall not subject any person to any form of criminal or civil punishment under the laws of the Menominee Indian Tribe of Wisconsin solely related to such use or possession.
D. Nothing contained in this section shall be construed to repeal or
modify existing laws, policies, regulations, or agreements, related
to:
(1)
The operation of motor vehicles or other actions taken while
under the influence of marijuana.
(2)
Personnel practices or policies governing employee conduct,
including, but not limited to, drug testing policies and policies
related to the use or possession of marijuana.
(3)
The policy of any entity related to the prohibition of possession
or use of marijuana on such entity's premises.
(4)
A tenant's use or possession of marijuana.
(5)
Punishment for public use of marijuana as provided by tribal
law.
(6)
The manufacture, distribution, or sale of marijuana prohibited by Chapter
306 of the Menominee Tribal Code.
(7)
The possession of over 25 grams of marijuana.
(8)
The imposition of a punishment resulting from a failure to make timely payment of a civil forfeiture or other penalty provided for in Subsection
A or
B.
E. Any person violating Subsection
B of this section is subject to the following penalties:
(1)
For a first violation, a forfeiture of not less than $100 nor
more than $200, suspension of the person's operating privilege, participation
in a supervised work program or other community service work under,
or any combination of these penalties.
(2)
For a violation committed within 12 months of one previous violation,
either a forfeiture of not less than $200 nor more than $300, participation
in a supervised work program or other community service work, or any
combination of these penalties. In addition, the person's operating
privilege may be suspended, except that if the violation involved
a motor vehicle, the person's operating privilege shall be suspended.
(3)
For a violation committed within 12 months of two previous violations,
either a forfeiture of not less than $300 nor more than $500, participation
in a supervised work program or other community service work, or any
combination of these penalties. In addition, the person's operating
privilege may be suspended, except that if the violation involved
a motor vehicle, the person's operating privilege shall be suspended.
(4)
For a violation committed within 12 months of three or more
previous violations, either a forfeiture of not less than $500 nor
more than $1,000, participation in a supervised work program or other
community service work, or any combination of these penalties. In
addition, the person's operating privilege may be suspended, except
that if the violation involved a motor vehicle the person's operating
privilege shall be suspended.
F. A person who is under 17 years of age on the date of disposition
is subject to Chapter 124 of the Menominee Tribal Code.
G. After ordering a penalty under Subsection
E for any person 17, 18, 19, or 20 years of age, the court, with the agreement of the defendant, may enter an additional order staying the execution of the penalty order and suspending or modifying the penalty imposed. The order may require the defendant to do any of the following:
(1)
Submit to an AODA assessment.
(2)
Participate in an outpatient AODA treatment program at an approved
treatment facility, if an assessment recommends treatment.
(3)
Participate in a court-approved AODA education program.
(4)
Participate in any other program the court finds applicable.
H. Any actions taken to enforce such laws, policies, regulations, or agreements shall not be deemed a punishment prohibited by Subsections
A through
C.
[Added 2-4-2016 by Ord.
No. 15-36]
A. The following words and terms shall have the following meanings for
the purposes of this section:
MARIJUANA
Has the meaning provided in Chapter
306 of the Menominee Tribal Code.
PRIVATE PROPERTY
Any private residence which is owned or leased by:
(1)
The person using marijuana or in open possession of marijuana;
(2)
An immediate member of said person's family; or
(3)
A person who has granted permission to the person using or in
open possession of marijuana to be on the property.
PRIVATE RESIDENCE
A house or apartment where persons reside and shall not include
any commercial establishment.
PUBLIC PLACE
Any place:
(1)
That is within view of a public road; or
(2)
That is where the conduct involved may reasonably be expected
to be viewed by people other than members of the actor's family or
household; and
(3)
That is not private property.
B. It shall be unlawful for any person to use or be in open possession
of marijuana in a public place within the exterior boundaries of the
Menominee Indian Reservation. Persons violating this article shall
be issued a citation by a Menominee tribal police or Menominee tribal
conservation officer and have any marijuana in their possession confiscated.
Open possession, for the purposes of this subsection, does not mean
any situation where a person has removed marijuana from their person
or possessions at the request or requirement of a law enforcement
officer, and is otherwise in compliance with tribal law.
C. The penalty for violation of Subsection
B shall be a forfeiture of not less than $50 nor more than $100. The Court may, upon a second or subsequent conviction, order the offender to obtain an alcohol and other drug abuse (AODA) assessment and to follow the recommendations resulting from said assessment.
[Added 1-21-2016 by Ord.
No. 15-37]
A. Notwithstanding any other provision of Chapter
306 or any other tribal law, the possession or use of 50 grams or less of marijuana for a medical purpose shall not subject any person to any form of criminal or civil punishment under the laws of the Menominee Indian Tribe of Wisconsin related to such use or possession.
B. Notwithstanding any other provision of Chapter
306 or any other tribal law, the possession or uses of drug paraphernalia associated with the use or possession of 50 grams or less of marijuana for a medical purpose shall not subject any person to any form of criminal or civil punishment under the laws of the Menominee Indian Tribe of Wisconsin related to such use or possession.
C. Medical purpose shall mean the use of marijuana for the treatment
of any of the following formally diagnosed conditions:
(1)
Cancer, if the underlying condition or treatment produces one
or more of the following:
(b)
Nausea or severe vomiting; or
(c)
Cachexia or severe wasting.
(3)
Human immunodeficiency virus or acquired immune deficiency syndrome.
(5)
Amyotrophic lateral sclerosis.
(6)
Seizures, including those characteristic of epilepsy.
(7)
Severe and persistent muscle spasms, including those characteristic
of multiple sclerosis.
(9)
Terminal illness, with a probable life expectancy of under one
year, if the illness or its treatment produces one or more of the
following:
(b)
Nausea or severe vomiting; or
(c)
Cachexia or severe wasting.
(10)
Post-traumatic stress syndrome.
D. "Formally diagnosed" shall mean diagnosed by a physician licensed to practice medicine in the State of Wisconsin as evidenced by a letter, or other form of written communication, stating that the person in possession of a medical use quantity of marijuana, or said person's minor child, is a person who suffers from one of the conditions listed in Subsection
C above where said letter, or other form of writing, is dated and signed by the physician and is less than one year old.
E. Nothing contained in this section shall be construed to repeal or
modify existing laws, policies, regulations, or agreements, related
to:
(1)
The operation of motor vehicles or other actions taken while
under the influence of marijuana.
(2)
Personnel practices or policies governing employee conduct,
including, but not limited to, drug testing policies and policies
related to the use or possession of marijuana.
(3)
The policy of any entity related to the prohibition of possession
or use of marijuana on such entity's premises.
(4)
A tenant's use or possession of marijuana.
(5)
Punishment for public use of marijuana as provided by tribal
law.
(6)
The manufacture, distribution, or sale of marijuana prohibited by Chapter
306 of the Menominee Tribal Code.
(7)
The possession of marijuana for a nonmedical purpose.
F. Any actions taken to enforce such laws, policies, regulations, or agreements shall not be deemed a punishment prohibited by Subsection
B.
Unless specifically excepted by tribal regulation 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 a combination
of extraction and chemical synthesis, are listed in Schedule I:
A. 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 such isomers, esters, ethers and salts is possible within
the specific chemical designation:
(1) Acetyl-alpha-methylfentanyl [N-(1-[1-methyl-2-phenethyl)-4-piperidinyl)-N-
phenylacetamide].
(4) Alphacetylmethadol (except levo-alphacetylmethadol, also known as
levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM).
(7) Alpha-methylfentanyl [N-(1-[alpha-methyl-beta-phenyl]ethyl-4-piperidyl)
propiona- nilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine].
(8) Alpha-methylthiofentanyl [N-(1-methyl-2-[2-thienyl]ethyl-4-piperidinyl)-N-phenyl-
propanamide].
(11)
Beta-hydroxyfentanyl [N-(1-[2-hydroxy-2-phenethyl]-4-piperidinyl)-N-phenyl-
propanamide].
(12)
Beta-hydroxy-3-methylfentanyl [other name: N-(1-[2-hydroxy-2-phenethyl]
-3-methyl-4-piperidinyl)-N-phenylpropanamide].
(34)
3-Methylfentanyl [N-(3-methyl-1-[2-phenylethyl]-4-piperidyl)-N-phenylpro-
panamide].
(35)
3-methylthiofentanyl [N-(3-methyl-1-[2-thienyl]ethyl-4-piperidinyl)-N-phenylpro-
panamide].
(37)
MPPP (1-methyl-4-phenyl-4-propionoxypiperidine).
(42)
Para-fluorofentanyl [N-(4-fluorophenyl)-N-(1-[2-phenethyl]-4-piperidinyl)
propan- amide].
(43)
PEPAP[1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine].
(53)
Thiofentanyl [N-phenyl-N-(1-[2-thienyl]ethyl-4-piperidinyl)-propanamide].
B. Opium derivatives. 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 such salts,
isomers, and salts of isomers is possible within the specific chemical
designation:
(10)
Etorphine (except hydrochloride salt).
(16)
Morphine methylsulfonate.
C. Hallucinogenic substances. Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture, or preparation
which contains any quantity of the following hallucinogenic substances,
or which contains any of 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 (For purposes
of this subsection only, the term "isomer" includes the optical, position
and geometric isomers.):
(1) Alpha-ethyltryptamine [some trade or other names: etryptamine; Monase;
α-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; α-ET;
and AET].
(2) 4-bromo-2,5-dimethoxy-amphetamine (some trade or other names: 4-bromo-2,
5-dimethoxy-α-methylphenethylamine; 4-bromo-2,5-DMA).
(3) 4-Bromo-2,5-dimethoxyphenethylamine [some trade or other names: 2-(4-bromo-2,
5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB; 2C-B, Nexus].
(4) 2,5-dimethoxyamphetamine (some trade or other names: 2,5-dimethoxy-α-
methylphenethylamine; 2,5-DMA).
(5) 2,5-dimethoxy-4-ethylamphet-amine (some trade or other names: DOET).
(6) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (some trade or other
names: 2C-T-7).
(7) 4-methoxyamphetamine (some trade or other names: 4-methoxy-α-
methylphenethylamine; paramethoxyamphetamine, PMA).
(8) 5-methoxy-3,4-methylenedioxy-amphetamine.
(9) 4-methyl-2,5-dimethoxy-amphetamine (some trade and other names: 4-methyl-2,5-dimethoxy-α-methylphenethylamine;
"DOM"; and "STP").
(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-alpha
-methyl-3, 4(methylenedioxy)phenethylamine, and N-hydroxy MDA].
(14)
3,4,5-trimethoxy amphetamine.
(15)
5-methoxy-N,N-dimethyltryptamine [some trade or other names:
5-methoxy-3- (2-[dimethylamino]ethyl) indole; 5-MeO-DMT].
(16)
Alpha-methyltryptamine (other name: AMT).
(17)
Bufotenine [some trade and other names: 3-(β-Dimethylaminoethyl)
-5-hydroxyindole; 3-(2-dimethylaminoethyl)-5-indolol; N,N-dimethylserotonin;
5-hydroxy-N,N-dimethyltryptamine; mappine].
(18)
Diethyltryptamine (some trade and other names: N,N-Diethyltryptamine;
DET).
(19)
Dimethyltryptamine (some trade or other names: DMT).
(20)
5-methoxy-N, N-diisopropyltryptamine (other name: 5-MeO-DIPT).
(21)
Ibogaine [some trade and other names: 7-Ethyl-6;6β,7,8,9,10,12,13-
octahydro-2-methoxy-6,9-methano-5H-pyrido (1', 2':1,2) azepino (5,4-b)
indole; Tabernanthe iboga].
(22)
Lysergic acid diethylamide.
(23)
Marijuana, also marihuana.
(25)
Parahexyl; some trade or other names: 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,
6,9-trimethyl-6H-dibenzo(b,d)pyran; Synhexyl.
(26)
Peyote: meaning all parts of the plant presently classified botanically as Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture, or preparation of such plant, its seeds or extracts. (A religious exception is found in §
306-11.)
(27)
N-ethyl-3-piperidyl benzilate.
(28)
N-methyl-3-piperidyl benzilate.
(31)
Tetrahydrocannabinols: meaning tetrahydrocannabinols naturally
contained in a plant of the genus Cannabis (cannabis plant), as well
as 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, and their optical isomers.
(b)
6 cis or trans tetrahydrocannabinol, and their optical isomers.
(c)
3,4 cis or trans tetrahydrocannabinol, and its optical isomers.
(d)
(Since nomenclature of these substances is not internationally
standardized, compounds of these structures, regardless of numerical
designation of atomic positions covered.)
(e)
Ethylamine analog of phencyclidine [some trade or other names:
N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl)ethylamine, N-(1-phenylcyclohexyl)ethylamine,
cyclohexamine, PCE].
(f)
Pyrrolidine analog of phencyclidine [some trade or other names:
1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP].
(g)
Thiophene analog of phencyclidine [some trade or other names:
1-(1-[2-thienyl]-cyclohexyl)-piperidine, 2-thienylanalog of phencyclidine,
TPCP, TCP].
(h)
1-[1-(2-thienyl)cyclohexyl]pyrrolidine (some other names: TCPy).
(i)
4-methylmethcathinone (Mephedrone).
(j)
3,4-methylenedioxypyrovalerone (MDPV).
(k)
2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E).
(l)
2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D).
(m)
2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C).
(n)
2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I).
(o)
2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2).
(p)
2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4).
(q)
2-(2,5-Dimethoxyphenyl)ethanamine (2C-H).
(r)
2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N).
(s)
2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).
D. Unless specifically exempted or unless listed in another schedule,
any material, compound, mixture, or preparation which contains any
quantity of cannabimimetic agents, or which contains 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) The term "cannabimimetic agents" means any substance that is a cannabinoid
receptor type 1 (CB1 receptor) agonist as demonstrated by binding
studies and functional assays within any of the following structural
classes:
(a)
2-(3-hydroxycyclohexyl)phenol with substitution at the 5-position
of the phenolic ring by alkyl or alkenyl, whether or not substituted
on the cyclohexyl ring to any extent.
(b)
3-(1-naphthoyl)indole or 3-(1-naphthylmethane)indole by substitution
at the nitrogen atom of the indole ring, whether or not further substituted
on the indole ring to any extent, whether or not substituted on the
naphthoyl or naphthyl ring to any extent.
(c)
3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom
of the pyrrole ring, whether or not further substituted in the pyrrole
ring to any extent, whether or not substituted on the naphthoyl ring
to any extent.
(d)
1-(1-naphthylmethylene)indene by substitution of the 3-position
of the indene ring, whether or not further substituted in the indene
ring to any extent, whether or not substituted on the naphthyl ring
to any extent.
(e)
3-phenylacetylindole or 3-benzoylindole 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
phenyl ring to any extent.
(2) Such term includes:
(a)
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
(CP-47,497);
(b)
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
(cannabicyclohexanol or CP-47,497 C8-homo1og);
(c)
1 -pentyl-3-(1-naphthoyl)indole (JWH-018 and AM678);
(d)
(6aR,10aR)- 9-(Hydroxymethyl)- 6,6-dimethyl- 3-(2-methyloctan-2-yl)-6a,
7,10,10a-tetrahydrobenzo [c]chromen- 1-ol (HU-210);
(e)
1-butyl-3-(1-naphthoyl)indole (JWH-073);
(f)
1-hexyl-3-(1-naphthoyl)indole (JWH-019);
(g)
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
(h)
1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
(i)
1-pentyl-3-[1-(4-methoxynaphthoyl)]indole (JWH-081);
(j)
1-pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);
(k)
1-pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);
(l)
1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM2201);
(m)
1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM694);
(n)
1-pentyl-3-[(4-methoxy)-benzoyl]indole (SR-19 and RCS-4);
(o)
1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (SR-18 and
RCS-8);
(p)
1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203);
(q)
1-pentyl-1H-indol-3-yl(2,2,3,3-tetramethylcyclopropyl)methanone
(UR-144) (Some trade or other names include TCMP-018 and KM-X1.);
and
(r)
[1-(5-fluoropentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclo-propyl)methanone
(XLR11) (Some other trade names include 5-F-UR-144.).
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 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:
(1) Gamma-hydroxybutyric acid. (Some other names include GHB; gamma-hydroxybutyrate;
4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium
oxybutyrate.)
F. Stimulants. 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, and salts
of isomers:
(1) Aminorex (some other names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline;
or 4,5-dihydro-5-phenly-2-oxazolamine).
(2) N-Benzylpiperazine (some other names: BZP, 1-benzylpiperazine).
(3) Cathinone (some trade or other names: 2-amino-1-phenyl-1-propanone,
alpha-aminopropiophenone, 2-aminopropiophenone, and norephedrone).
(5) Methcathinone [some other names: 2-(methylamino)-propiophenone; alpha-(methylamino)
propiophenone; 2-(methylamino)-1-phenylpropan-1-one; alpha-N-methylaminopropiophenone;
monomethylpropion; ephedrone; N-methylcathinone; methylcathinone;
AL-464; AL-422; AL-463 and UR1432], its salts, optical isomers and
salts of optical isomers.
(6) (±)cis-4-methylaminorex [(±)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine].
(8) N,N-dimethylamphetamine (also known as N,N-alpha-trimethyl- benzeneethanamine;
N,N-alpha-trimethylphenethylamine).
Unless specifically excepted by tribal regulation 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 a combination
of extraction and chemical synthesis, are listed in Schedule II:
A. Substances, plant origin or chemical synthesis. Unless specifically
excepted or unless listed in another schedule, any of the following
substances, whether produced directly or indirectly by extraction
from substances of plant origin, or independently by means of chemical
synthesis, or by a 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, nalmefene, naloxone, and naltrexone, and
their respective salts, isomers, and salts of isomers, but including
the following:
(2) Any salt, compound, derivative, or preparation thereof which is chemically
equivalent or identical with any of the substances referred to in
this section, except that these substances shall not include the isoquinoline
alkaloids of opium.
(3) Opium poppy and poppy straw.
(4) Coca leaves and any salt, compound, derivative or preparation of
coca leaves (including cocaine and ecgonine and their salts, isomers,
derivatives and salts of isomers and derivatives), and any salt, compound,
derivative, or preparation thereof which is chemically equivalent
or identical with any of these substances, except that the substances
shall not include decocainized coca leaves or extraction of coca leaves,
which extractions do not contain cocaine or ecgonine.
(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).
B. Opiates. Unless specifically excepted or unless 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 such isomers, esters, ethers, and salts is possible within the
specific chemical designation, dextrorphan and levopropoxyphene excepted:
(5) Bulk dextropropoxyphene (nondosage forms).
(11)
Levo-alphacetylmethadol (some other names: levo-alpha-acetylmethadol,
levomethadyl acetate, LAAM).
(16)
Methadone-Intermediate, 4-cyano-2-dimethylamino-4,4-diphenyl
butane.
(17)
Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic
acid.
(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.
C. Stimulants. 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:
(1) Amphetamine, its salts, optical isomers, and salts of its optical
isomers.
(2) Methamphetamine, its salts, isomers, and salts of its isomers.
(3) Phenmetrazine and its salts.
(5) Lisdexamfetamine, its salts, isomers, and salts of its isomers.
D. 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 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:
E. Hallucinogenic substances.
(1) Nabilone [another name for nabilone: (+/-)-trans-3-(1,1-dimethylheptyl)-6,
6a,7,8,10,10a-hexahydro-1-hydroxy-6, 6-dimethyl-9H-dibenzo[b,d]pyran-9-one].
F. 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) Immediate precursor to amphetamine and methamphetamine:
(a)
Phenylacetone (some trade or other names: phenyl-2-propanone;
P2P; benzyl methyl ketone; methyl benzyl ketone).
(2) Immediate precursors to phencyclidine (PCP):
(b)
1-piperidinocyclohexanecarbonitrile (PCC).
(3) Immediate precursor to fentanyl:
(a)
4-anilino-N-phenethyl-4-piperidine (ANPP).
Unless specifically excepted by tribal regulation 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 a combination
of extraction and chemical synthesis, are listed in Schedule III:
A. Stimulants. 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, positional, 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:
B. 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:
(1) Any compound, mixture or preparation containing:
(d)
Any salt thereof and one or more other active medicinal ingredients
which are not listed in any schedule.
(2) Any suppository dosage form containing:
(d)
Any salt of any of these drugs and approved by the Food and
Drug Administration for marketing only as a suppository.
(3) Any substance which contains any quantity of a derivative of barbituric
acid or any salt thereof.
(6) 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.
(7) Ketamine, its salts, isomers, and salts of isomers [some other names
for ketamine: (±)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone].
(14)
Tiletamine and zolazepam or any salt thereof (some trade or
other names for a tiletamine-zolazepam combination product: Telazol;
some trade or other names for tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone;
some trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-[3,4-e]
[1,4]-diazepin-7(1H)-one, flupyrazapon).
C. Narcotic drugs. Unless specifically excepted or unless listed in
another schedule:
(1) Any material, 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:
(2) 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.
(3) Not more than 1.8 grams of codeine per 100 milliliters or not more
than 90 milligrams per dosage unit, with one or more active, nonnarcotic
ingredients in recognized therapeutic amounts.
(4) Not more than 300 milligrams of dihydrocodeinone (hydrocodone) per
100 milliliters or not more than 15 milligrams per dosage unit, with
a fourfold or greater quantity of an isoquinoline alkaloid of opium.
(5) Not more than 300 milligrams of dihydrocodeinone (hydrocodone) per
100 milliliters or not more than 15 milligrams per dosage unit, with
one or more active nonnarcotic ingredients in recognized therapeutic
amounts.
(6) Not more than 1.8 grams of dihydrocodeine per 100 milliliters or
not more than 90 milligrams per dosage unit, with one or more active
nonnarcotic ingredients in recognized therapeutic amounts.
(7) Not more than 300 milligrams of ethylmorphine per 100 milliliters
or not more than 15 milligrams per dosage unit, with one or more active,
nonnarcotic ingredients in recognized therapeutic amounts.
(8) Not more than 500 milligrams of opium per 100 milliliters or per
100 grams or not more than 25 milligrams per dosage unit, with one
or more active, nonnarcotic ingredients in recognized therapeutic
amounts.
(9) Not more than 50 milligrams of morphine per 100 milliliters or per
100 grams, with one or more active, nonnarcotic ingredients in recognized
therapeutic amounts.
D. Narcotic drugs not limited by quantity. Any material, compound, mixture,
or preparation containing any of the following narcotic drugs or their
salts, as set forth below:
E. Anabolic steroids. Unless specifically excepted or unless listed
in another schedule, any material, compound, mixture or preparation
containing any quantity of the following substances, including its
salts, esters and ethers:
(1) Anabolic steroids. (See §
306-3 of this Part
1.)
F. Hallucinogenic substances.
(1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin
capsule in a U.S. Food and Drug Administration approved product [some
other names for dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo
[b,d]pyran-1-ol] or (-)-delta-9-(trans)-tetrahydrocannabinol].
Unless specifically excepted by tribal regulation 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 a combination
of extraction and chemical synthesis, are listed in Schedule IV:
A. Narcotic drugs. Unless specifically excepted or unless listed in
another schedule, any material, 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:
(1) Not more than one milligram of difenoxin and not less than 25 micrograms
of atropine sulfate per dosage unit.
(2) Dextropropoxyphene [alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-
propionoxybutane].
B. Depressants. 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:
(35)
Methylphenobarbital (mephobarbital).
C. Fenfluramine. 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:
D. Stimulants. 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 and salts
of isomers:
(1) Cathine [(+)-norpseudoephedrine].
(8) Pemoline (including organometallic complexes and chelates thereof).
(12)
SPA[(-)-1-dimethylamino- 1,2-diphenylethane].
E. Other substances. 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:
(2) Butorphanol (including its optical isomers).
Unless specifically excepted by tribal regulation 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 a combination
of extraction and chemical synthesis, are listed in Schedule V:
A. 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 shall
include 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 narcotic drugs alone:
(1) Not more than 200 milligrams of codeine per 100 milliliters or per
100 grams.
(2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters
or per 100 grams.
(3) Not more than 100 milligrams of ethylmorphine per 100 milliliters
or per 100 grams.
(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25
micrograms of atropine sulfate per dosage unit.
(5) Not more than 100 milligrams of opium per 100 milliliters or per
100 grams.
(6) Not more than 0.5 milligram of difenoxin and not less than 25 micrograms
of atropine sulfate per dosage unit.
B. Stimulants. 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 stimulant
effect on the central nervous system, including its salts, isomers
and salts of isomers:
C. 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 its salts:
(1) Ezogabine [N-(2-amino-4-[4-fluorobenzylamino]-phenyl)-carbamic acid
ethyl ester].
(2) Lacosamide [(R)-2-acetoamido- N -benzyl-3-methoxy-propionamide].
(3) Pregabalin [(S)-3-(aminomethyl)-5-methylhexanoic acid].
(4) Gabapentin [241-(aminomethyl) cyclohexyl] acetic acid].
[Added 2-6-2020 by Ord. No. 19-40]
This article does not apply to the holistic (sacred) use of
peyote in the bona fide religious ceremonies of the Native American
Church. Use, possession, or transfer of such substance in connection
with such religious ceremonies shall not be punishable under this
article.
An optometrist who is allowed to use therapeutic pharmaceutical
agents and to dispense a contact lens that delivers a therapeutic
pharmaceutical agent:
A. May not prescribe, dispense, or administer a controlled substance
included in Schedule I or II.
B. May prescribe, dispense, or administer only those controlled substances
included in Schedules III, IV, and V that are permitted for prescription
or administration.
C. Shall include with each prescription order all of the following:
(1) A statement that he or she is allowed to use therapeutic pharmaceutical
agents.
(2) The indicated use of the controlled substance included in Schedule
III, IV or V so prescribed.