V.I. Code tit. 19, § 594 (2019)
2019 US Virgin Islands Code|Title 19 - Health|Part III - Food and Drugs|Chapter 29 - Controlled Substances|Subchapter I - Controlled Substances Law|§ 594. Authority and criteria for classification of substances

 (a) The Commissioner shall apply the provisions of this chapter to the controlled substances listed in the schedules established by section 595 of this chapter and to any other drug or other substance added to such schedules under this chapter. Except as provided in subsections (d) and (e), the Commissioner may by rule— (1) add to such a schedule or transfer between such schedules any drug or other substance if he— (A) finds that such drug or other substance has a potential for abuse, and (B) makes with respect to such drug or other substance the findings prescribed by subsection (b) of section 595 for the schedule in which such drug is to be placed; or (2) removes any drug or other substance from the schedules if he finds that the drug or other substance does not meet the requirements for inclusion in any schedule. (b) In making any finding under subsection (a) of this section, the Commissioner shall consider the following factors with respect to each drug or other substance proposed to be controlled or removed from the schedules: (1) Its actual or relative potential for abuse. (2) Scientific evidence of its pharmacological effect, if known. (3) The state of current scientific knowledge regarding the drug or other substance. (4) Its history and current pattern of abuse. (5) The scope, duration, and significance of abuse. (6) What, if any, risk there is to the public health. (7) Its psychic or physiological dependence liability. (8) Whether the substance is an immediate precursor of a substance already controlled under this chapter. (c) When the Commissioner makes a finding pursuant to subsection (a) after considering the factors listed in subsection (b) of this section, he shall issue an order which shall be published once a week for three consecutive weeks in all Virgin Islands newspapers of general circulation. (d) The Commissioner may, without regard to the findings required by subsection (a) of this section place an immediate precursor in the same schedule in which the controlled substance of which it is an immediate precursor is placed or in any other schedule with a higher numerical designation. If the Commissioner designates a substance as an immediate precursor and places it in a schedule, other substances shall not be placed in a schedule solely because they are its precursors. (e) Any substance which shall be designated as a controlled dangerous substance and listed within a Schedule in Title II of the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970 shall be similarly controlled under this chapter, unless, within 60 days of publication in the Federal Register, the Commissioner objects to such inclusion. In such case, the Commissioner shall cause to be published and made public the reasons for such objection and shall afford all interested parties an opportunity to be heard. At the conclusion of such hearing, the Commissioner shall publish and make public his decision, which shall be final unless specifically acted upon by the Legislature. (f) The Commissioner shall by regulation exclude any nonnarcotic substance from a schedule if such substance may, under the Federal Food, Drug, and Cosmetic Act, be lawfully sold over the counter without a prescription. Dextromethorphan shall not be deemed to be included in any schedule by reason of enactment of this chapter unless controlled after the date of such enactment pursuant to the foregoing provisions of this section.