Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 140 - DEPARTMENT OF HEALTH › Chapter 011 - REGULATED DRUGS › Section 13 140 011 - REGULATED DRUGS

Current through June, 2024
Section 1.0 Authority
This rule is established under the authority of
				  18 V.S.A. §§
											4201 and
				  4202
				  which authorizes the Vermont Board of Health to designate regulated drugs for
				  the protection of public health and safety.
Section 2.0 Purpose
This rule designates drugs and other chemical substances that
				  are illegal or judged to be potentially fatal or harmful for human consumption
				  unless prescribed and dispensed by a professional licensed to prescribe or
				  dispense tem and used in accordance with the prescription. The rule restricts
				  the possession of certain drugs above a specified quantity. The rule also
				  establishes benchmark unlawful dosages for certain drugs to provide a baseline
				  for use by prosecutors to seek enhanced penalties for possession of higher
				  quantities of the drug in accordance with multipliers found at
				  18 V.S.A.
				  §
											4234.
Section 3.0 Definitions
3.1 "Analog" means one of a group of chemical
				components similar in structure but different with respect to elemental
				composition. It can differ in one or more atoms, functional groups or
				substructures, which are replaced with other atoms, groups or
				substructures.
3.2 "Benchmark
				Unlawful Dosage" means the quantity of a drug commonly consumed over a
				twenty-four-hour period for any therapeutic purpose, as established by the
				manufacturer of the drug. Benchmark Unlawful dosage is not a medical or
				pharmacologic concept with any implication for medical practice. Instead, it is
				a legal concept established only for the purpose of calculating penalties for
				improper sale, possession, or dispensing of drugs pursuant to
				18 V.S.A.
				§
											4234.
3.3 Cannabimimetic Agents means,
				collectively, any chemical that is a cannabinoid receptor type 1 (CB 1) or
				cannabinoid receptor type 2 (CB2) agonist, or any salts, isomers, derivatives,
				or analogs of these chemicals. Structural classes include but are not limited
				to:
3.3.1
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.
3.3.2
3-(1-naphthoyl)
indole or
				3-(1-naphthyl)indole with 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.
3.3.3
3-(1-naphthoyl)
pyrrole
				with 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.
3.3.4
1-(1-naphthylmethyl)
indene with 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.
3.3.5 3-phenylacetylindole or 3-benzoylindole
				with 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.
3.3.6 Indole-(2,2,3,3-tetramethylcyclopropyl)
				methanone, with 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.
3.3.7 N-adamantyl-indole-3-carboxamide, with
				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.
3.3.8
				(1,3-thiazol-2- ylidine)-2,2,3,3- tetramethylcyclopropane-1-carboxamide, with
				substitution to any extent at any position of the thiazolylidine
				ring.
3.4 "Depressant
				drug" means any drug which contains any substances, its salt, optical isomers,
				salts of its optical isomers, derivatives or analogs of substances, designated
				in Section 5.0 of this rule as habit forming because of its effect on the
				central nervous system or as having a serious potential for abuse arising out
				of its effect on the central nervous system.
3.5 "Derivative" shall mean a compound that
				can be obtained from a parent compound as a result of a chemical reaction which
				replaces one atom/functional group with a different one.
3.6 "Fentanyl-related substances" means any
				substance that is structurally related to fentanyl by one or more of the
				following modifications:
3.6.1 Replacement of
				the phenyl portion of the phenethyl group by any monocycle, whether or not
				further substituted in or on the monocycle;
3.6.2 Substitution in or on the phenethyl
				group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino or nitro
				groups;
3.6.3 Substitution in or on
				the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo,
				haloalkyl, amino or nitro groups;
3.6.4 Replacement of the aniline ring with
				any aromatic monocycle whether or not further substituted in or on the aromatic
				monocycle; and/or
3.6.5 Replacement
				of the N-propionyl group by another acyl group.
3.7 "Hallucinogenic Drug" means stramonium,
				mescaline or peyote, lysergic acid diethylamide, and psilocybin, and all
				synthetic equivalents of chemicals contained in resinous extractives of
				Cannabis sativa, or any salts or derivatives or compounds of any preparations
				or mixtures thereof, and any other substance which is designated as
				habit-forming or as having a serious potential for abuse arising out of its
				effect on the central nervous system or its hallucinogenic effect in the
				regulations adopted by the Board of Health under
				18 V.S.A.§
											4202.
3.8 "Narcotic drug" means opium, coca leaves,
				pethidine (isonipecaine, meperidine), and opiates or their compound,
				manufacture, salt, alkaloid, or derivative, and every substance neither
				chemically nor physically distinguishable from them, and preparations
				containing such drugs or their derivatives, by whatever trade name identified
				and 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, as the same are so designated
				in the regulations adopted by the Board of Health under
				18 V.S.A.§
											4202.
3.9 "Regulated drug" means a narcotic drug, a
				depressant or stimulant drug, other than methamphetamine, a hallucinogenic
				drug, Ecstasy, marijuana, or methamphetamine whose possession or use is
				regulated by law.
3.10 "Stimulant
				drug" means any drug which contains any quality of a substance, its salt,
				optical isomers, salts of it optical isomers, derivatives or analogs of
				substances, designated in Section 4.0 of this rule as habit forming because of
				its effect on the central nervous system or as having a serious potential for
				abuse arising out of its effect on the central nervous system.