Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 55 - Controlled Substances › Section 902 KAR 55:015 - Schedules of controlled substances

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				217.005-217.215,
				218A.010,
				218A.020,
				218A.040,
				218A.060,
				218A.080,
				218A.100,
				218A.120,
				218A.200,
				21 C.F.R.
				1308.11,
				1308.12,
				1308.13,
				1308.14,
				1308.15,
				1308.35,
				1308.49,
				21 U.S.C.
				301
								¢â,¬o 399f, 801-971
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				218A.020(1) authorizes the
				Cabinet for Health and Family Services to promulgate administrative regulations
				in order to add, delete, or reschedule substances enumerated in KRS Chapter
				218A. KRS
				218A.020(3) authorizes the
				Cabinet for Health and Family Services to promulgate administrative regulations
				to control substances at the state level in the same numerical schedule
				corresponding to the federal schedule or control a substance in a more
				restrictive schedule than the federal schedule. This administrative regulation
				designates Schedule I, II, III, IV, and V drugs. This administrative regulation
				differs from the federal regulation,
				21 C.F.R.
				1308.11, because it designates tianeptine as
				a Schedule I controlled substance. The Cabinet for Health and Family Services
				recognizes that tianeptine has no accepted medical use in treatment and
				inclusion on Kentucky's Schedule I list will help reduce the risk to public
				health. This administrative regulation differs from the federal regulation,
				21 C.F.R.
				1308.14, because it designates pentazocine,
				barbital, methylphenobarbital, and phenobarbital as a Schedule III controlled
				substance. The federal regulation designates these substances as a Schedule IV
				controlled substance. The Cabinet for Health and Family Services recognizes
				that pentazocine and derivatives of barbituric acid or its salts have
				significant abuse potential, and inclusion on Kentucky's Schedule III list will
				help reduce the risk to public health. This administrative regulation further
				differs from the federal regulation,
				21 C.F.R.
				1308.14-1308.15, because it
				designates nalbuphine as a Schedule IV controlled substance and gabapentin as a
				Schedule V controlled substance. The Cabinet for Health and Family Services
				recognizes that nalbuphine and gabapentin have significant abuse potential, and
				inclusion on Kentucky's controlled substances schedules will help reduce the
				risk to public health.
Section 1.
			 Schedule I Controlled Substances.
(1) Each
			 substance that is scheduled or designated as a Schedule I controlled substance
			 under 21 C.F.R.
			 1308.11, including a substance temporarily
			 scheduled or designated under
			 21 C.F.R.
			 1308.11(h) or
			 1308.49, shall be scheduled or
			 designated at the state level as a Schedule I controlled substance.
(2) The Cabinet for Health and Family
			 Services designates the following as a Schedule I controlled substance:
			 tianeptine.
(3) The following shall
			 be exempt from control as a Schedule I substance:
(a) Cannabis plant material, and products
			 made therefrom, that contain tetrahydrocannabinols pursuant to the exemption
			 established in 21 C.F.R.
			 1308.35; and
(b) Any substance or product exempt from the
			 definition of marijuana pursuant to
			 KRS
			 218A.010(27)(a) -
			 (f).