Session Law

Identifying Information:L. 2001 ch. 171
Other Identifying Information:2001 House Bill 2178
Tax Type:Other
Brief Description:An Act concerning controlled substances; relating to gamma hydroxybutyric acid; amending K.S.A. 2000 Supp. 21-3445, 65-4101, as amended by Section 3 of 2001 House Bill No. 2457, 65-4105, 65-4109, 65-4111 and 65-7003 and repealing the existing sections.
Keywords:


Body:

CHAPTER 171

HOUSE BILL No. 2178

(Amends Chapter 31)


An Act concerning controlled substances; relating to gamma hydroxybutyric acid; amending

K.S.A. 2000 Supp. 21-3445, 65-4101, as amended by Section 3 of 2001 House Bill No.

2457, 65-4105, 65-4109, 65-4111 and 65-7003 and repealing the existing sections.




Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2000 Supp. 21-3445 is hereby amended to read as

follows: 21-3445. (a) Unlawful administration of a substance is the inten-

tional and knowing administration of a substance to another person with-

out consent for the purpose of impairing such other person's physical or

mental ability to appraise or control such person's conduct.

(b) ``Unlawful administration of a substance'' means any method of

causing the ingestion by another person of a controlled substance, in-

cluding gamma hydroxybutynic hydroxybutyric acid, or its salts, or bu-

tyrolactone any controlled substance analog, as defined in K.S.A. 65-4101,

of gamma hydroxybutyric acid, including gamma butyrolactone; butyr-

olactone; butyrolactone gamma; 4-butyrolactone; 2(3H)-furanone dihy-

dro; dihydro-2(3H)-furanone; tetrahydro-2-furanone; 1,2-butanolide;

1,4-butanolide; 4-butanolide; gamma-hydroxybutyric acid lactone; 3-hy-

droxybutyric acid lactone and 4-hydroxybutanoic acid lactone with CAS

No. 96-48-0; 1,4 butanediol; butanediol; butane-1,4-diol; 1,4-butylene gly-

col; butylene glycol; 1,4-dihydroxybutane; 1,4-tetramethylene glycol; te-

tramethylene glycol; tetramethylene 1,4-diol, into any food, beverage or

other consumable that the person knows, or should know, would be con-

sumed by such other person.

(c) This section shall not prohibit administration of any substance

described in subsection (b) for lawful medical or therapeutic treatment.

(d) Unlawful administration of a substance is a class A person mis-

demeanor.

Sec. 2. K.S.A. 2000 Supp. 65-4101 as amended by section 3 of 2001

House Bill No. 2457 is hereby amended to read as follows: 65-4101. As

used in this act: (a) ``Administer'' means the direct application of a con-

trolled substance, whether by injection, inhalation, ingestion or any other

means, to the body of a patient or research subject by: (1) A practitioner

or pursuant to the lawful direction of a practitioner; or

(2) the patient or research subject at the direction and in the presence

of the practitioner.

(b) ``Agent'' means an authorized person who acts on behalf of or at

the direction of a manufacturer, distributor or dispenser. It does not in-

clude a common or contract carrier, public warehouseman or employee

of the carrier or warehouseman.

(c) ``Board'' means the state board of pharmacy.

(d) ``Bureau'' means the bureau of narcotics and dangerous drugs,

United States department of justice, or its successor agency.

(e) ``Controlled substance'' means any drug, substance or immediate

precursor included in any of the schedules designated in K.S.A. 65-4105,

65-4107, 65-4109, 65-4111 and 65-4113, and amendments to these sec-

tions.

(f) ``Counterfeit substance'' means a controlled substance which, or

the container or labeling of which, without authorization bears the trade-

mark, trade name or other identifying mark, imprint, number or device

or any likeness thereof of a manufacturer, distributor or dispenser other

than the person who in fact manufactured, distributed or dispensed the

substance.

(g) ``Deliver'' or ``delivery'' means the actual, constructive or at-

tempted transfer from one person to another of a controlled substance,

whether or not there is an agency relationship.

(h) ``Dispense'' means to deliver a controlled substance to an ultimate

user or research subject by or pursuant to the lawful order of a practi-

tioner, including the packaging, labeling or compounding necessary to

prepare the substance for that delivery, or pursuant to the prescription

of a mid-level practitioner.

(i) ``Dispenser'' means a practitioner or pharmacist who dispenses.

(j) ``Distribute'' means to deliver other than by administering or dis-

pensing a controlled substance.

(k) ``Distributor'' means a person who distributes.

(l) ``Drug'' means: (1) Substances recognized as drugs in the official

United States pharmacopoeia, official homeopathic pharmacopoeia of the

United States or official national formulary or any supplement to any of

them; (2) substances intended for use in the diagnosis, cure, mitigation,

treatment or prevention of disease in man or animals; (3) substances

(other than food) intended to affect the structure or any function of the

body of man or animals; and (4) substances intended for use as a com-

ponent of any article specified in clause (1), (2) or (3) of this subsection.

It does not include devices or their components, parts or accessories.

(m) ``Immediate precursor'' means a substance which the board has

found to be and by rule and regulation designates as being the principal

compound commonly used or produced primarily for use and which is

an immediate chemical intermediary used or likely to be used in the

manufacture of a controlled substance, the control of which is necessary

to prevent, curtail or limit manufacture.

(n) ``Manufacture'' means the production, preparation, propagation,

compounding, conversion or processing of a controlled substance either

directly or indirectly by extraction from substances of natural origin or

independently by means of chemical synthesis or by a combination of

extraction and chemical synthesis and includes any packaging or repack-

aging of the substance or labeling or relabeling of its container, except

that this term does not include the preparation or compounding of a

controlled substance by an individual for the individual's own lawful use

or the preparation, compounding, packaging or labeling of a controlled

substance: (1) By a practitioner or the practitioner's agent pursuant to a

lawful order of a practitioner as an incident to the practitioner's admin-

istering or dispensing of a controlled substance in the course of the prac-

titioner's professional practice; or

(2) by a practitioner or by the practitioner's authorized agent under

such practitioner's supervision for the purpose of or as an incident to

research, teaching or chemical analysis or by a pharmacist or medical care

facility as an incident to dispensing of a controlled substance.

(o) ``Marijuana'' means all parts of all varieties of the plant Cannabis

whether growing or not, the seeds thereof, the resin extracted from any

part of the plant and every compound, manufacture, salt, derivative, mix-

ture or preparation of the plant, its seeds or resin. It does not include the

mature stalks of the plant, fiber produced from the stalks, oil or cake

made from the seeds of the plant, any other compound, manufacture,

salt, derivative, mixture or preparation of the mature stalks, except the

resin extracted therefrom, fiber, oil, or cake or the sterilized seed of the

plant which is incapable of germination.

(p) ``Narcotic drug'' means any of the following 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: (1) Opium and opiate and any salt,

compound, derivative or preparation of opium or opiate;

(2) any salt, compound, isomer, derivative or preparation thereof

which is chemically equivalent or identical with any of the substances

referred to in clause (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

coca leaves, and any salt, compound, isomer, derivative or preparation

thereof which is chemically equivalent or identical with any of these sub-

stances, but not including decocainized coca leaves or extractions of coca

leaves which do not contain cocaine or ecgonine.

(q) ``Opiate'' means any substance having an addiction-forming or

addiction-sustaining liability similar to morphine or being capable of con-

version into a drug having addiction-forming or addiction-sustaining lia-

bility. It does not include, unless specifically designated as controlled

under K.S.A. 65-4102 and amendments thereto, the dextrorotatory iso-

mer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan).

It does include its racemic and levorotatory forms.

(r) ``Opium poppy'' means the plant of the species Papaver somni-

ferum l. except its seeds.

(s) ``Person'' means individual, corporation, government, or govern-

mental subdivision or agency, business trust, estate, trust, partnership or

association or any other legal entity.

(t) ``Poppy straw'' means all parts, except the seeds, of the opium

poppy, after mowing.

(u) ``Pharmacist'' means an individual currently licensed by the board

to practice the profession of pharmacy in this state.

(v) ``Practitioner'' means a person licensed to practice medicine and

surgery, dentist, podiatrist, veterinarian, optometrist licensed under the

optometry law as a therapeutic licensee or diagnostic and therapeutic

licensee, or scientific investigator or other person authorized by law to

use a controlled substance in teaching or chemical analysis or to conduct

research with respect to a controlled substance.

(w) ``Production'' includes the manufacture, planting, cultivation,

growing or harvesting of a controlled substance.

(x) ``Ultimate user'' means a person who lawfully possesses a con-

trolled substance for such person's own use or for the use of a member

of such person's household or for administering to an animal owned by

such person or by a member of such person's household.

(y) ``Isomer'' means all enantiomers and diastereomers.

(z) ``Medical care facility'' shall have the meaning ascribed to that

term in K.S.A. 65-425 and amendments thereto.

(aa) ``Cultivate'' means the planting or promotion of growth of five

or more plants which contain or can produce controlled substances.

(bb) (1) ``Controlled substance analog'' means a substance that is in-

tended for human consumption, and:

(A) The chemical structure of which is substantially similar to the

chemical structure of a controlled substance listed in or added to the

schedules designated in K.S.A. 65-4105 or 65-4107 and amendments

thereto; and:

(A) (B) which has a stimulant, depressant or hallucinogenic effect on

the central nervous system substantially similar to the stimulant, depres-

sant or hallucinogenic effect on the central nervous system of a controlled

substance included in the schedules designated in K.S.A. 65-4105 or 65-

4107 and amendments thereto; or

(B) (C) with respect to a particular individual, which the individual

represents or intends to have a stimulant, depressant or hallucinogenic

effect on the central nervous system substantially similar to the stimulant,

depressant or hallucinogenic effect on the central nervous system of a

controlled substance included in the schedules designated in K.S.A. 65-

4105 or 65-4107 and amendments thereto.

(2) ``Controlled substance analog'' does not include:

(A) A controlled substance;

(B) a substance for which there is an approved new drug application;

or

(C) a substance with respect to which an exemption is in effect for

investigational use by a particular person under section 505 of the federal

food, drug, and cosmetic act (21 U.S.C. 355) to the extent conduct with

respect to the substance is permitted by the exemption; or

(D) any substance to the extent not intended for human consumption

before an exemption takes effect with respect to the substance.

(cc) ``Mid-level practitioner'' means an advanced registered nurse

practitioner issued a certificate of qualification pursuant to K.S.A. 65-1131

and amendments thereto, who has authority to prescribe drugs pursuant

to a written protocol with a responsible physician under K.S.A. 65-1130,

and amendments thereto or a physician assistant licensed under the phy-

sician assistant licensure act who has authority to prescribe drugs pursuant

to a written protocol with a responsible physician under K.S.A. 2000

Supp. 65-28a08 and amendments thereto.

Sec. 3. K.S.A. 2000 Supp. 65-4105 is hereby amended to read as

follows: 65-4105. (a) The controlled substances listed in this section are

included in schedule I and the number set forth opposite each drug or

substance is the DEA controlled substances code which has been assigned

to it.

(b) Any of the following opiates, including their isomers, esters,

ethers, salts, and salts of isomers, esters and ethers, unless specifically

excepted, whenever the existence of these 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

9815
(2)Acetylmethadol9601
(3)Allylprodine9602
(4)Alphacetylmethadol9603

(except levo-alphacetylmethadol also known as

levo-alpha-acetylmethadol, levomethadyl acetate or LAAM)

(5)Alphameprodine9 604
(6)Alphamethadol9605
(7)Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine)9814
(8)Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl) ethyl-4-piperidinyl]-N-phenylpropanamide)9832
(9)Benzethidine9606
(10)Betacetylmethadol9607
(11)Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide9830
(12)Beta-hydroxy-3-methylfentanyl (other name: N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide9831
(13)Betameprodine9608
(14)Betamethadol9609
(15)Betaprodine9611
(16)Clonitazene9612
(17)Dextromoramide9613
(18)Diampromide9615
(19)Diethylthiambutene9616
(20)Difenoxin91 68
(21)Dimenoxadol9617
(22)Dimepheptanol9618
(23)Dimethylthiambutene9619
(24)Dioxaphetyl butyrate9621
(25)Dipipanone9622
(26)Ethylmethylthiambutene9623
(27)Etonitazene9624
(28)Etoxeridine9625
(29)Furethidine9626
(30)Hydroxypethidine9627
(31)Ketobemidone9628
(32)Levomoramide9629
(33)Levophenacylmorphan9631
(34)3-Methylfentanyl

(N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]

-N-phenylpropanamide)

9813
(35)3-Methylthiofentanyl

(N-[(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-

N-phenylpropanamide)

983 3
(36)Morpheridine9632
(37)MPPP (1-methyl-4-phenyl-4-propionoxypiperidine)9661
(38)Noracymethadol9633
(39)Norlevorphanol9634
(40)Normethadone9635
(41)Norpipanone9636
(42)Para-fluorofentanyl

(N-(4-fluorophenyl)-N-[1-(2-phenethyl) -4-piperidinyl] propanamide

9812
(43)PEPAP (1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine)9663
(44)Phenadoxone9637
(45)Phenampromide9638
(46)Phenomorphan9647
(47)Phenoperidine9641
(48)Piritramide9642
(49)Proheptazine9643
(50)Properidine9644
(51)Propiram964 9
(52)Racemoramide9645
(53)Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4- piperidinyl]-propanamide9835
(54)Tilidine9750
(55)Trimeperidine9646
(c) Any of the following opium derivatives, their salts, isomers and salts

of isomers, unless specifically excepted, whenever the existence of these

salts, isomers and salts of isomers is possible within the specific chemical

designation:

(1)Acetorphine9319
(2)Acetyldihydrocodeine9051
(3)Benzylmorphine9052
(4)Codeine methylbromide9070
(5)Codeine-N-Oxide9053
(6)Cyprenorphine9054
(7)Desomorphine9055
(8)Dihydromorphine9145
(9)Drotebanol9335
(10)Etorphine (except hydrochloride salt)9056
(11)Heroin9200
(12)Hydromorphinol9301
(13)Methyldesorphine9302
(14)Methyldihydromorphine9304
(15)Morphine methylbromide9305
(16)Morphine methylsulfonate9306
(17)Morphine-N-Oxide9307
(18)Myrophine9308
(19)Nicocodeine9309
(20)Nicomorphine9312
(21)Normorphine9313
(22)Pholcodine9314
(23)Thebacon9315

(d) Any material, compound, mixture or preparation which contains

any quantity of the following hallucinogenic substances, their salts, iso-

mers and salts of isomers, unless specifically excepted, whenever the ex-

istence of these salts, isomers and salts of isomers is possible within the

specific chemical designation:

(1)4-bromo-2,5-dimethoxy-amphetamine7391

Some trade or other names: 4-bromo-2,5-dimethoxy-alpha-

methylphenethylamine; 4-bromo-2,5-DMA.

(2)2,5-dimethoxyamphetamine7396

Some trade or other names: 2,5-dimethoxy-alpha-methyl-

phenethylamine; 2,5-DMA.

(3)4-methoxyamphetamine7411

Some trade or other names: 4-methoxy-alpha-methylphene-

thylamine; paramethoxyamphetamine; PMA.

(4)5-methoxy-3,4-methylenedioxy-amphetamine7401
(5)4-methyl-2,5-dimethoxy-amphetamine7395

Some trade or other names: 4-methyl-2,5-dimethoxy-alpha-

methylphenethylamine; ``DOM''; and ``STP''.

(6)3,4-methylenedioxy amphetamine7400
(7)3,4-methylenedioxymethamphetamine (MDMA)7405
(8)3,4-methylenedioxy-N-ethylamphetamine (also known

as N-ethyl-alpha-methyl-3,4 (methylenedioxy) phenethylamine, N-ethyl MDA, MDE, and MDEA)

7404
(9)N-hydroxy-3,4-methylenedioxyamphetamine (also known as

N-hydroxy-alpha-methyl-3,4(methylenedioxy) phenethylamine, and N-hydroxy MDA)

7402
(10)3,4,5-trimethoxy amphetamine7390
(11)Bufotenine7433

Some trade or other names: 3-(Beta-Dimethyl- aminoethyl)

-5-hydroxyindole; 3-(2-dimethyl- aminoethyl) -5-indolol; N,N

-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine.

(12)Diethyltryptamine7434

Some trade or other names: N,N-Diethyltryptamine; DET.

(13)Dimethyltryptamine7435

Some trade or other names: DMT.

(14)Ibogaine7260

Some trade or other names: 7-Ethyl-6,6 Beta,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.

(15)Lysergic acid diethylamide7315
(16)Marihuana7360
(17)Mescaline7381
(18)Parahexyl7374

Some trade or other names: 3-Hexyl-l-hydroxy-7,8,9,10-tetrah-

ydro-6,6,9- trimethyl-6H-dibenzo[b,d]pyran; Synhexyl.

(19)Peyote7415

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 prepara-

tion of such plant, its seeds or extracts.

(20)N-ethyl-3-piperidyl benzilate7482
(21)N-methyl-3-piperidyl benzilate7484
(22)Psilocybin7437
(23)Psilocyn7438
(24)Tetrahydrocannabinols7370

Synthetic equivalents of the substances contained in the plant,

or in the resinous extractives of Cannabis, sp. and/or synthetic

substances, derivatives, and their isomers with similar chemical

structure and pharmacological activity such as the following:

Delta 1 cis or trans tetrahydrocannabinol, and their optical iso-

mers Delta 6 cis or trans tetrahydrocannabinol, and their optical

isomers Delta 3,4 cis or trans tetrahydrocannabinol, and its op-

tical isomers (Since nomenclature of these substances is not in-

ternationally standardized, compounds of these structures, re-

gardless of numerical designation of atomic positions covered.)

(25)Ethylamine analog of phencyclidine7455

Some trade or other names: N-ethyl-1-phenyl- cyclo-

hexylamine; (1-phenylcyclohexyl)ethylamine; N-(1-phenylcy-

clohexyl)ethylamine; cyclohexamine; PCE.

(26)Pyrrolidine analog of phencyclidine7458

Some trade or other names: 1-(1-phenylcyclo- hexyl)-

pyrrolidine; PCPy; PHP.

(27)Thiophene analog of phencyclidine7470

Some trade or other names: 1-[1-(2-thienyl)- cyclohexyl]

-piperidine; 2-thienylanalog of phencyclidine; TPCP; TCP.

(28)1-[1-(2-thienyl)-cyclohexyl] pyrrolidine7473

Some other names: TCPy

(29)2,5-dimethoxy-4-ethylamphetamine7399

Some trade or other names: DOET

(e) 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)Mecloqualone2572
(2)Methaqualone2565

(3) Gamma hydroxybutyric acid

(f) Unless specifically excepted or unless listed in another schedule,

any material, compound, mixture or preparation which contains any quan-

tity of the following substances having a stimulant effect on the central

nervous system, including its salts, isomers and salts of isomers:

(1)Fenethylline15 03
(2)N-ethylamphetamine1475
(3)( + )cis-4-methylaminorex (( + )cis-4,5-dihydro-4-methyl-5-phenyl- 2-oxazolamine)1590
(4)N,N-dimethylamphetamine (also known as N,N-alpha-trimethyl- benzeneethanamine; N,N-alpha-trimethylphenethylamine)1480
(5)Cathinone (some other names: 2-amino-1-phenol-1-propanone, alpha-amino propiophenone, 2-amino propiophenone and norphedrone)1235

(g) Any material, compound, mixture or preparation which contains

any quantity of the following substances:

(1)N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl), its optical isomers, salts and salts of isomers9818
(2)N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl), its optical isomers, salts and salts of isomers9834
(3)Methcathinone (some other names: 2-methylamino-1-phenylpropan-1-one: Ephedrone: Monomethylpropion: UR1431, its salts, optical isomers and salts of optical isomers)1237
(4)Aminorex (some other names:Aminoxaphen 2-amino-5-phenyl-2-oxazoline or 4,5-dihydro-5-phenyl-2-oxazolamine, its salts, optical isomers and salts of optical isomers)1585
(5)Alpha-ethyltryptamine, its optical isomers, salts and salts of isomers7249

Some other names: etryptamine, alpha-methyl-1H-indole-3-

ethanamine; 3-(2-aminobutyl) indole.

Sec. 4. K.S.A. 2000 Supp. 65-4109 is hereby amended to read as

follows: 65-4109. (a) The controlled substances listed in this section are

included in schedule III and the number set forth opposite each drug or

substance is the DEA controlled substances code which has been assigned

to it.

(b) Unless listed in another schedule, any material, compound, mix-

ture, or preparation which contains any quantity of the following sub-

stances having a potential for abuse associated with a depressant effect

on the central nervous system:

(1)Any compound, mixture or preparation containing:

(A)Amobarbital

2126
(B)Secobarbital2316
(C)Pentobarbital2271
or any salt thereof and one or more other active medicinal ingredients

which are not listed in any schedule.

(2)Any suppository dosage form containing:

(A)Amobarbital

2126
(B)Secobarbital2316
(C)Pentobarbital2271
or 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 of a derivative of barbituric acid, except those substances which are specifically listed in other schedules2100
(4)Chlorhexadol2510
(5)Lysergic acid7300
(6)Lysergic acid amide7310
(7)Methyprylon2575
(8)Sulfondiethylmethane2600
(9)Sulfonethylmethane2605
(10)Sulfonmethane2610
(11)Tiletamine and zolazepam or any salt thereof7295

Some trade or other names for a tiletamine-zolazepam combi-

nation 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

(12)Ketamine, its salts, isomers, and salts of isomers7285

Some other names for ketamine: (<plus-minus>) -2-(2-chlo-

rophenyl)-2-(methylamino)-cyclohexanone

(13)Gamma hydroxybutyric acid, any salt, hydroxybutyric compound, derivative or preparation of gamma hydroxybutyric acid contained in a drug product for which an application has been approved under section 505 of the federal food, drug and cosmetic act
(c)Nalorphine94 00
(d) Any material, compound, mixture or preparation containing any

of the following narcotic drugs or any salts calculated as the free anhy-

drous base or alkaloid, in limited quantities as set forth below:

(1)Not more than 1.8 grams of codeine or any of its salts per 100 milliliters or not more than 90 milligrams per dosage unit with an equal or greater quantity of an isoquinoline alkaloid of opium9803
(2)not more than 1.8 grams of codeine or any of its salts per 100 milliliters or not more than 90 milligrams per dosage unit with one or more active, nonnarcotic ingredients in recognized therapeutic amounts9804
(3)not more than 300 milligrams of dihydrocodeinone (hydrocodone) or any of its salts per 100 milliliters or not more than 15 milligrams per dosage unit with a fourfold or greater quantity of an isoquinoline alkaloid of opium9805
(4)not more than 300 milligrams of dihydrocodeinone (hydrocodone) or any of its salts per 100 milliliters or not more than 15 milligrams per dosage unit with one or more active, nonnarcotic ingredients in recognized therapeutic amounts9806
(5)not more than 1.8 grams of dihydrocodeine or any of its salts per 100 milliliters or not more than 90 milligrams per dosage unit with one or more active, nonnarcotic ingredients in recognized therapeutic amounts9807
(6)not more than 300 milligrams of ethylmorphine or any of its salts per 100 milliliters or not more than 15 milligrams per dosage unit with one or more active, nonnarcotic ingredients in recognized therapeutic amounts9808
(7)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 amounts9809
(8)not more than 50 milligrams of morphine or any of its salts per 100 milliliters or per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts9810

(e) Unless specifically excepted or unless listed in another schedule,

any material, compound, mixture or preparation which contains any quan-

tity of the following substances having a stimulant effect on the central

nervous system, 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 within the specific chemical des-

ignation:

(1)Those compounds, mixtures or preparations in dosage unit form containing any stimulant substance listed in schedule II, which compounds, mixtures or preparations were listed on August 25, 1971, as excepted compounds under section 308.32 of title 21 of the code of federal regulations, and any other drug of the quantitive composition shown in that list for those drugs or which is the same, except that it contains a lesser quantity of controlled substances1405
(2)Benzphetamine1228
(3)Chlorphentermine1645
(4)Chlortermine1647
(5)Phendimetrazine1615
(f)Anabolic steroids4000

``Anabolic steroid'' means any drug or hormonal substance, chemically

and pharmacologically related to testosterone (other than estrogens, pro-

gestins, and corticosteroids) that promotes muscle growth, and includes:

(1) boldenone

(2) chlorotestosterone (4-chlortestosterone)

(3) clostebol

(4) dehydrochlormethyltestosterone

(5) dihydrotestosterone (4-dihydrotestosterone)

(6) drostanolone

(7) ethylestrenol

(8) fluoxymesterone

(9) formebulone (formebolone)

(10) mesterolone

(11) methandienone

(12) methandranone

(13) methandriol

(14) methandrostenolone

(15) methenolone

(16) methyltestosterone

(17) mibolerone

(18) nandrolone

(19) norethandrolone

(20) oxandrolone

(21) oxymesterone

(22) oxymetholone

(23) stanolone

(24) stanozolol

(25) testolactone

(26) testosterone

(27) trenbolone

(28) any salt, ester, or isomer of a drug or substance described or listed in this paragraph,

if that salt, ester, or isomer promotes muscle growth.

(A) Except as provided in (B), such term does not include an anabolic

steroid which is expressly intended for administration through implants

to cattle or other nonhuman species and which has been approved by the

United States' secretary of health and human services for such adminis-

tration.

(B) If any person prescribes, dispenses or distributes such steroid for

human use, such person shall be considered to have prescribed, dispensed

or distributed an anabolic steroid within the meaning of this subsection

(f).

(g) Any material, compound, mixture or preparation which contains

any quantity of the following hallucinogenic substance, its salts, isomers

and salts of isomers, unless specifically excepted, whenever the existence

of these salts, isomers and salts of isomers is possible within the specific

chemical designation:

(1)Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a United States food and drug administration approved product7369

Some other names for dronabinol: (6aR-trans)-6a,7,8,10a-tetrah-

ydro -6-6-9-trimethyl-3-pentyl-6H-dibenzo(b,d)pyran-1-0l, or (-)-

delta-9- (trans)-tetrahydrocannabinol.

(h) The board may except by rule any compound, mixture or prepa-

ration containing any stimulant or depressant substance listed in subsec-

tion (b) from the application of all or any part of this act if the compound,

mixture or preparation contains one or more active medicinal ingredients

not having a stimulant or depressant effect on the central nervous system

and if the admixtures are included therein in combinations, quantity, pro-

portion or concentration that vitiate the potential for abuse of the sub-

stances which have a stimulant or depressant effect on the central nervous

system.

Sec. 5. K.S.A. 2000 Supp. 65-4111 is hereby amended to read as

follows: 65-4111. (a) The controlled substances listed in this section are

included in schedule IV and the number set forth opposite each drug or

substance is the DEA controlled substances code which has been assigned

to it.

(b) 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 and having a

potential for abuse associated with a depressant effect on the central

nervous system:

(1)Alprazolam2882
(2)Barbital2145
(3)Bromazepam2748
(4)Camazepam2749
(5)Chloral betaine2460
(6)Chloral hydrate2465
(7)Chlordiazepoxide2744
(8)Clobazam2751
(9)Clonazepam2737
(10)Clorazepate2768
(11)Clotiazepam2752
(12)Cloxazolam2753
(13)Delorazepam2754
(14)Diazepam2765
(15)Estazolam2756
(16)Ethchlorvynol2540
(17)Ethinamate2545
(18)Ethyl loflazepate2758
(19)Fludiazepam2759
(20)Flunitrazepam2763
(21)Flurazepam2767
(22)Halazepam2762
(23)Haloxazolam2771
(24)Ketazolam2772
(25)Loprazolam2773
(26)Lorazepam2885
(27)Lormetazepam2774
(28)Mebutamate2800
(29)Medazepam2836
(30)Meprobamate2820
(31)Methohexital2264
(32)Methylphenobarbital (mephobarbital)2250
(33)Midazolam2884
(34)Nimetazepam2837
(35)Nitrazepam2834
(36)Nordiazepam2838
(37)Oxazepam2835
(38)Oxazolam2839
(39)Paraldehyde2585
(40)Petrichloral2591
(41)Phenobarbital2285
(42)Pinazepam2883
(43)Prazepam2764
(44)Quazepam2881
(45)Temazepam2925
(46)Tetrazepam2886
(47)Triazolam2887
(48)Zolpidem2783
(49)Gamma hydroxybutyric acid
(50)Zaleplon2781

(c) Any material, compound, mixture, or preparation which contains

any quantity of fenfluramine (1670), 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. The pro-

visions of this subsection (c) shall expire on the date fenfluramine and its

salts and isomers are removed from schedule IV of the federal controlled

substances act (21 United States code 812; 21 code of federal regulations

1308.14).

(d) Unless specifically excepted or unless listed in another schedule,

any material, compound, mixture or preparation which contains any quan-

tity of the following substances having a stimulant effect on the central

nervous system, 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 within the specific chemical des-

ignation:

(1)Cathine (( + )-norpseudoephedrine)1230
(2)Diethylpropion1610
(3)Fencamfamin1760
(4)Fenproporex1575
(5)Mazindol1605
(6)Mefenorex1580
(7)Pemoline (including organometallic complexes and chelates thereof)1530
(8)Phentermine1640

The provisions of this subsection (d)(8) shall expire on the date phen-

termine and its salts and isomers are removed from schedule IV of the

federal controlled substances act (21 United States code 812; 21 code of

federal regulations 1308.14).

(9)Pipradrol1750
(10)SPA((-)-1-dimethylamino-1,2-diphenylethane)1635
(11)Sibutramine1675
(12)Mondafinil1680

(e) Unless specifically excepted or unless listed in another schedule,

any material, compound, mixture or preparation which contains any quan-

tity of the following, including salts thereof:

(1)Pentazocine9709
(2)Butorphanol (including its optical isomers)9720

(f) 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 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit9167
(2)Dextropropoxyphene (alpha-( + )-4-dimethylamino-1,2-diphenyl-3- methyl-2-propionoxybutane)9278

(g) Butyl nitrite and its salts, isomers, esters, ethers or their salts.

(h) The board may except by rule and regulation any compound, mix-

ture or preparation containing any depressant substance listed in subsec-

tion (b) from the application of all or any part of this act if the compound,

mixture or preparation contains one or more active medicinal ingredients

not having a depressant effect on the central nervous system, and if the

admixtures are included therein in combinations, quantity, proportion or

concentration that vitiate the potential for abuse of the substances which

have a depressant effect on the central nervous system.

Sec. 6. K.S.A. 2000 Supp. 65-7003 is hereby amended to read as

follows: 65-7003. As used in K.S.A. 2000 Supp. 65-7001 through 65-7015

and amendments thereto:

(a) ``Act'' means the Kansas chemical control act;

(b) ``administer'' means the application of a regulated chemical

whether by injection, inhalation, ingestion or any other means, directly

into the body of a patient or research subject, such administration to be

conducted by: (1) A practitioner, or in the practitioner's presence, by such

practitioner's authorized agent; or

(2) the patient or research subject at the direction and in the presence

of the practitioner;

(c) ``agent or representative'' means a person who is authorized to

receive, possess, manufacture or distribute or in any other manner control

or has access to a regulated chemical on behalf of another person;

(d) ``bureau'' means the Kansas bureau of investigation;

(e) ``department'' means the Kansas department of health and envi-

ronment;

(f) ``director'' means the director of the Kansas bureau of investiga-

tion;

(g) ``dispense'' means to deliver a regulated chemical to an ultimate

user, patient or research subject by, or pursuant to the lawful order of, a

practitioner, including the prescribing, administering, packaging, labeling

or compounding necessary to prepare the regulated chemical for that

delivery;

(h) ``distribute'' means to deliver other than by administering or dis-

pensing a regulated chemical;

(i) ``manufacture'' means to produce, prepare, propagate, compound,

convert or process a regulated chemical directly or indirectly, by extrac-

tion from substances of natural origin, chemical synthesis or a combina-

tion of extraction and chemical synthesis, and includes packaging or re-

packaging of the substance or labeling or relabeling of its container. The

term excludes the preparation, compounding, packaging, repackaging, la-

beling or relabeling of a regulated chemical:

(1) By a practitioner as an incident to the practitioner's administering

or dispensing of a regulated chemical in the course of the practitioner's

professional practice; or

(2) by a practitioner, or by the practitioner's authorized agent under

the practitioner's supervision, for the purpose of, or as an incident to

research, teaching or chemical analysis and not for sale;

(j) ``person'' means individual, corporation, business trust, estate,

trust, partnership, association, joint venture, government, governmental

subdivision or agency, or any other legal or commercial entity;

(k) ``practitioner'' means a person licensed to practice medicine and

surgery, pharmacist, dentist, podiatrist, veterinarian, optometrist licensed

under the optometry laws as a therapeutic licensee or diagnostic and

therapeutic licensee, or scientific investigator or other person authorized

by law to use a controlled substance in teaching or chemical analysis or

to conduct research with respect to a controlled substance;

(l) ``regulated chemical'' means a chemical that is used directly or

indirectly to manufacture a controlled substance or other regulated chem-

ical, or is used as a controlled substance analog, in violation of the state

controlled substances act or this act. The fact that a chemical may be used

for a purpose other than the manufacturing of a controlled substance or

regulated chemical does not exempt it from the provisions of this act.

Regulated chemical includes:

(1) Acetic anhydride (CAS No. 108-24-7);

(2) benzaldehyde (CAS No. 100-52-7);

(3) benzyl chloride (CAS No. 100-44-7);

(4) benzyl cyanide (CAS No. 140-29-4);

(5) diethylamine and its salts (CAS No. 109-89-7);

(6) ephedrine, its salts, optical isomers and salts of optical isomers

(CAS No. 299-42-3), except products containing ephedra or ma huang,

which do not contain any chemically synthesized ephedrine alkaloids, and

are lawfully marketed as dietary supplements under federal law;

(7) hydriodic acid (CAS No. 10034-85-2);

(8) iodine (CAS No. 7553-56-2);

(9) lithium (CAS No. 7439-93-2);

(10) methylamine and its salts (CAS No. 74-89-5);

(11) nitroethane (CAS No. 79-24-3);

(12) chloroephedrine, its salts, optical isomers, and salts of optical

isomers (CAS No. 30572-91-9);

(13) phenylacetic acid, its esters and salts (CAS No. 103-82-2);

(14) phenylpropanolamine, its salts, optical isomers, and salts of op-

tical isomers (CAS No. 14838-15-4);

(15) piperidine and its salts (CAS No. 110-89-4);

(16) pseudoephedrine, its salts, optical isomers, and salts of optical

isomers (CAS No. 90-82-4);

(17) red phosphorous (CAS No. 7723-14-0);

(18) sodium (CAS No. 7440-23-5); and

(19) thionylchloride (CAS No. 7719-09-7);

(20) gamma butyrolactone (GBL), including butyrolactone; butyro-

lactone gamma; 4-butyrolactone; 2(3H)-furanone dihydro; dihydro-

2(3H)-furanone; tetrahydro-2-furanone; 1,2-butanolide; 1,4-butanolide;

4-butanolide; gamma-hydroxybutyric acid lactone; 3-hydroxybutyric acid

lactone and 4-hydroxybutanoic acid lactone; CAS No. 96-48-0; and

(21) 1,4 butanediol, including butanediol; butane-1,4-diol; 1,4-butyl-

ene glycol; butylene glycol; 1,4-dihydroxybutane; 1,4-tetramethylene gly-

col; tetramethylene glycol; tetramethylene 1,4-diol; CAS No. 110-63-4;

(m) ``regulated chemical distributor'' means any person subject to the

provisions of the Kansas chemical control act who manufactures or dis-

tributes a regulated chemical;

(n) ``regulated chemical retailer'' means any person who sells regu-

lated chemicals directly to the public;

(o) ``regulated chemical transaction'' means the manufacture of a reg-

ulated chemical or the distribution, sale, exchange or other transfer of a

regulated chemical within or into the state or from this state into another

state; and

(p) ``secretary'' means the secretary of health and environment.

Sec. 7. K.S.A. 2000 Supp. 21-3445, 65-4101, as amended by Section

3 of 2001 House Bill No. 2457, 65-4105, 65-4109, 65-4111 and 65-7003

are hereby repealed.

Sec. 8. This act shall take effect and be in force from and after its

publication in the statute book.

Approved May 9, 2000.


__________




Date Composed: 09/25/2001 Date Modified: 09/25/2001