(a) The Mayor shall administer this chapter and, with provision for public notice and comment, may add substances to or delete or reschedule all substances enumerated in the schedules in § 48-902.04, § 48-902.06, § 48-902.08, § 48-902.10 or § 48-902.12 pursuant to subchapter I of Chapter 5 of Title 2 and pursuant to the procedures set forth in this chapter. In making a determination regarding a substance, the Mayor shall consider the following:
(1) The actual or relative potential for abuse;
(2) The scientific evidence of its pharmacological effect, if known;
(3) The state of current scientific knowledge regarding the substance;
(4) The history and current pattern of abuse;
(5) The scope, duration, and significance of abuse;
(6) The risk to the public health;
(7) The potential of the substance to produce psychological or physiological dependence; and
(8) Whether the substance is an immediate precursor of a substance already controlled under this subchapter.
(b) After considering the factors enumerated in subsection (a) of this section and after complying with subchapter I of Chapter 5 of Title 2, the Mayor shall make findings with respect to the factors and issue a rule either controlling the substance if the Mayor finds that the substance has a potential for abuse or deleting the substance if the Mayor finds that the substance does not have a potential for abuse.
(c) If the Mayor designates a substance as an immediate precursor, substances which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.
(d) If any substance is designated, rescheduled, or deleted as a controlled substance under federal law, the Mayor may similarly propose to control or delete the substance under this chapter pursuant to subsections (a) and (b) of this section.
(e) Authority to control under this section does not extend to tobacco or to distilled spirits, wine, or malt beverages, as those terms are defined or used in § 25-103.
(Aug. 5, 1981, D.C. Law 4-29, § 201, 28 DCR 3081; Aug. 1, 1985, D.C. Law 6-15, § 5, 32 DCR 3570; July 24, 1998, D.C. Law 12-136, § 2(a), 45 DCR 2942.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 33-511.
Legislative History of Laws
For legislative history of D.C. Law 4-29, see Historical and Statutory Notes following § 48-901.02.
Law 6-15 was introduced in Council and assigned Bill No. 6-141, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 14, 1985 and May 28, 1985, respectively. Signed by the Mayor on June 7, 1985, it was assigned Act No. 6-30 and transmitted to both Houses of Congress for its review.
Law 12-136, the "Uniform Controlled Substances Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-213, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on March 3, 1998, and April 7, 1998, respectively. Signed by the Mayor on April 20, 1998, it was assigned Act No. 12-337 and transmitted to both Houses of Congress for its review. D.C. Law 12-136 became effective on July 24, 1998.
References in Text
Section 25-103, referred to in subsection (e) of this section, is part of Title 25, D.C. Official Code, which title was amended and enacted by D.C. Law 13-298, effective May 3, 2001. For disposition of the subject matter of former Title 25, see the Disposition Table preceding § 25-101.
Editor's Notes
Pursuant to subsection (b), sufentanil was added to the list of enumerated controlled substances in Schedule II, appearing in subparagraph (A) of paragraph (1) of § 48-902.06, by an order published upon adoption of the rule in 32 DCR 1097.
Pursuant to subsection (b), buprenorphine was rescheduled from Schedule II to Schedule V of enumerated controlled substances appearing in § 48-902.12(3), by an order published upon adoption of the rule in 33 DCR 6908.
Pursuant to subsection (b), loperamide was deleted from Schedule V appearing in § 48-902.12(3) by an order published upon adoption of the rule in 34 DCR 4370.
Delegation of Authority
Delegation of Authority to implement D.C. Law 4-29, the "District of Columbia Uniformed Controlled Substances Act of 1981", see Mayor's Order 98-49, April 15, 1998 (45 DCR 2694).
The controlled substances listed or to be listed in the schedules in §§ 48- 902.04, 48-902.06, 48-902.08, 48-902.10 and 48-902.12 are included by whatever official, common, usual, chemical, or trade name designated.
(Aug. 5, 1981, D.C. Law 4-29, § 202, 28 DCR 3081.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 33-512.
Legislative History of Laws
For legislative history of D.C. Law 4-29, see Historical and Statutory Notes following § 48-901.02.
The Mayor shall place a substance in Schedule I if the Mayor finds that the substance:
(1) Has high potential for abuse; and
(2) Has no accepted medical use in treatment in the United States or in the District of Columbia or lacks accepted safety for use in treatment under medical supervision.
(Aug. 5, 1981, D.C. Law 4-29, § 203, 28 DCR 3081.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 33-513.
Legislative History of Laws
For legislative history of D.C. Law 4-29, see Historical and Statutory Notes following § 48-901.02.
The controlled substances listed in this section are included in Schedule I, unless and until removed therefrom pursuant to § 48-902.01:
(1) 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 these isomers, esters, ethers and salts is possible within the specific chemical designation:
(A) Acetylmethadol;
(B) Allylprodine;
(C) Alphacetylmethadol (except levo-alphacetylmethadol, also known as levo-alphaacetylmethadol, levomethadyl, accetate, or LAAM);
(D) Alphameprodine;
(E) Alphamethadol;
(F) Benzethidine;
(G) Betacetylmethadol;
(H) Betameprodine;
(I) Betamethadol;
(J) Betaprodine;
(K) Clonitazene;
(L) Dextromoramide;
(M) Diampromide;
(N) Diethylthiambutene;
(O) Difenoxin;
(P) Dimenoxadol;
(Q) Dimepheptanol;
(R) Dimethylthiambutene;
(S) Dioxaphetylbutyrate;
(T) Dipipanone;
(U) Ethylmethylthiambutene;
(V) Etonitazene;
(W) Etoxeridine;
(X) Furethidine;
(Y) Hydroxypethidine;
(Z) Ketobemidone;
(AA) Levomoramide;
(BB) Levophenacylmorphan;
(CC) Morpheridine;
(DD) Noracymethadol;
(EE) Norlevorphanol;
(FF) Normethadone;
(GG) Norpipanone;
(HH) Phenadoxone;
(II) Phenampromide;
(JJ) Phenomorphan;
(KK) Phenoperidine;
(LL) Piritramide;
(MM) Proheptazine;
(NN) Properidine;
(OO) Propiram;
(PP) Racemoramide;
(QQ) Thiophene;
(RR) Trimeperidine;
(SS) Acetyl-Alpha-Methylfentanyl;
(TT) Alphe-methylfentanyl;
(UU) Alpha-Methylthiofentanyl;
(VV) Beta-hydroxyfentanyl;
(WW) Beta-hydroxy-3-Methylfentanyl;
(XX) 3-Methylfentanyl;
(YY) 3-Methylthiofentanyl;
(ZZ) MPPP;
(AAA) Para-flurofentanyl;
(BBB) PEPAP;
(CCC) Thiofentanyl; and
(DDD) Tilidine;
(2) 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 these salts, isomers, and salts of isomers is possible within the specific chemical designation:
(A) Acetorphine;
(B) Acetyldihydrocodeine;
(C) Benzylmorphine;
(D) Codeine methylbromide;
(E) Codeine-N-Oxide;
(F) Cyprenorphine;
(G) Desomorphine;
(H) Dihydromorphine;
(I) Drotepanol;
(J) Etorphine (except hydrochloride salt);
(K) Diacetylated morphine (heroin);
(L) Hydromorphinol;
(M) Methyldesorphine;
(N) Methyldihydromorphine;
(O) Morphine methylbromide;
(P) Morphine methylsulfonate;
(Q) Morphine-N-Oxide;
(R) Myrophine;
(S) Nicocodeine;
(T) Nicomorphine;
(U) Normorphine;
(V) Pholcodine; and
(W) Thebacon;
(3) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, its salts, isomers and salts of isomers, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this paragraph only, the term "isomer" includes the optical, position, and geometric isomers):
(A) 4-bromo-2, 5-dimethoxyamphetamine;
(B) 2, 5 dimethoxyamphetamine;
(C) 4-methoxyamphetamine;
(D) 5-methoxy-3, 4-methylenedioxy amphetamine;
(E) 4-methyl-2,5-dimethoxyamphetamine;
(F) 3,4-methylenedioxyamphetamine [MDA];
(G) 3, 4, 5-trimethoxy amphetamine;
(H) Bufotenine;
(I) Diethyltryptamine;
(J) Dimethyltryptamine;
(K) Ethylamide analog of phencyclidine, PCE;
(L) Ibogaine;
(M) Lysergic acid diethylamide;
(N) Mescaline;
(O) Peyote;
(P) N-ethyl-3-piperidyl benzilate;
(Q) N-methyl-3-piperidyl benzilate;
(R) Psilocybin;
(S) Psilocyn;
(T) Pyrrolidine analog of phencyclidine, PCPY;
(U) Thiophene analog of phencyclidine;
(V) Repealed;
(W) Parahexyl;
(X) 4-bromo-2,5-dimethoxyphenethylamine; and
(Y) 3,4-methylenedioxymethamphetamine [MDMA];
(4) Unless specifically excepted or unless listed in another schedule, any material, compound, or 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:
(A) Mecloqualone; and
(B) Methaqualone; and
(5) 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:
(A) Fenethyline;
(B) N-ethylamphetamine; and
(C) Cathinone.
(Aug. 5, 1981, D.C. Law 4-29, § 204, 28 DCR 3081; amended by rule, 39 DCR 1882; amended by rule, Dec. 7, 1994, 41 DCR 7967; May 9, 2000, D.C. Law 13- 99, § 2(a), 47 DCR 791; Dec. 10, 2009, D.C. Law 18-88, § 225, 56 DCR 7413.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 33-514.
Effect of Amendments
D.C. Law 13-99 corrected the way in which two chemicals were stated in subsec. (3) and added provisions contained in (X) and (Y) in subsec. (3).
D.C. Law 18-88, in par. (5), deleted "and" from the end of subpar. (A), substituted "; and" for a period at the end of subpar. (B), and added subpar. (C).
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2 of Uniform Controlled Substances Temporary Amendment Act of 1999 (D.C. Law 13-34, October 7, 1999, law notification 47 DCR 3423).
Emergency Act Amendments
For temporary (90-day) amendment of section, see § 2 of the Uniform Controlled Substances Emergency Amendment Act of 1999 (D.C. Act 13-96, June 15, 1999, 46 DCR 5640).
For temporary (90-day) amendment of section, see § 2 of the Uniform Controlled Substances Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13- 144, October 18, 1999, 46 DCR 9904).
For temporary (90 day) amendment of section, see § 225 of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903).
For temporary (90 day) amendment of section, see § 225 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18- 227, October 21, 2009, 56 DCR 8668).
Legislative History of Laws
For legislative history of D.C. Law 4-29, see Historical and Statutory Notes following § 48-901.02.
Law 13-99, the "Uniform Controlled Substances Amendment Act of 1999," was introduced in Council and assigned Bill No. 13-291, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on December 7, 1999, and December 21, 1999, respectively. Signed by the Mayor on January 10, 2000, it was assigned Act No. 13-245 and transmitted to both Houses of Congress for its review. D.C. Law 13-99 became effective on May 9, 2000.
Law 18-88, the "Omnibus Public Safety and Justice Amendment Act of 2009", as introduced in Council and assigned Bill No. 18-151, which was referred to the Committee on Public Safety and the Judiciary. The bill as adopted on first and second readings on June 30, 2009, and July 31, 2009, respectively. Signed by the Mayor on August 26, 2009, it was assigned Act No. 18-189 and transmitted to both Houses of Congress for its review. D.C. Law 18-88 became effective on December 10, 2009.
The Mayor shall place a substance in Schedule II if the Mayor finds that:
(1) The substance has high potential for abuse;
(2) The substance has currently accepted medical use in treatment in the United States or the District of Columbia, or currently accepted medical use, with severe restrictions; and
(3) The abuse of the substance may lead to severe psychological or physical dependence.
(Aug. 5, 1981, D.C. Law 4-29, § 205, 28 DCR 3081.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 33-515.
Legislative History of Laws
For legislative history of D.C. Law 4-29, see Historical and Statutory Notes following § 48-901.02.
The controlled substances listed in this section are included in Schedule II unless and until removed therefrom pursuant to § 48-902.01:
(1) Unless specifically excepted 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 combination of extraction and chemical synthesis:
(A) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, excluding apomorphine, dextrorphan, nalbuphine, naloxone, naltrexone, and their respective salts, but including the following:
(i) Raw opium;
(ii) Opium extracts;
(iii) Opium fluid extracts;
(iv) Powdered opium;
(v) Granulated opium;
(vi) Tincture of opium;
(vii) Codeine;
(viii) Ethylmorphine;
(ix) Etorphine Hydrochloride;
(x) Hydrocodone;
(xi) Metopon;
(xii) Morphine;
(xiii) Oxycodone;
(xiv) Oxymorphone;
(xv) Thebaine;
(xvi) Hydromorphone;
(xvii) Dihydrocodeine;
(xviii) Sufentanil;
(xix) Alfentanil; and
(xx) Carfentanil;
(B) Any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in subparagraph (A) of this paragraph, but not including the isoquinoline alkaloids of opium;
(C) Opium poppy and poppy straw;
(D) Coca leaves, except coca leaves or extracts of coca leaves from which cocaine, ecgonine, or derivatives of ecgonine or their salts have been removed; cocaine, its salts, optical and geometric isomers, and salts of isomers; or any compound, mixture, or preparation that contains any substance referred to in this paragraph;
(E) 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);
(F) Hashish; and
(G) Synthetic Tetrahydrocannabinols: Chemical equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, and synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following:
(i) Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers;
(ii) Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; or
(iii) Delta 3, 4 cis or trans tetrahydrocannabinol, and its optical isomers (compounds of these structures, regardless of numerical designation of atomic positions covered);
(2) Unless specifically excepted or unless in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation, dextrorphan excepted:
(A) Alphaprodine;
(B) Anileridine;
(C) Bezitramide;
(D) Biphetamine;
(E) Diphenoxylate;
(F) Eskatrol;
(G) Fentanyl;
(H) Fetamine;
(I) Isomethadone;
(J) Levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM;
(K) Levomethorphan;
(L) Levorphanol;
(M) Metazocine;
(N) Methadone;
(O) Methadone -- Intermediate, 4-cyano-2-dimethylamino4, 4-diphenyl butane;
(P) Moramide -- Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid;
(Q) Pethidine (meperidine);
(R) Pethidine -- Intermediate -- A, 4-cyano-1-methyl-4- phenylpiperidine;
(S) Pethidine -- Intermediate -- B, ethyl-4-phenylpiperidine- 4-carboxylate;
(T) Pethidine -- Intermediate -- C, 1-methyl-4-phenylpiperdine- 4-carboxylic acid;
(U) Phenazocine;
(V) Piminodine;
(W) Racemethorphan; and
(X) Racemorphan;
(3) 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:
(A) Amphetamine, its salts, optical isomers, and salts of its optical isomers;
(B) Methamphetamine, its salts, isomers, and salts of its isomers;
(C) Phenmetrazine and its salts;
(D) Methylphenidate and its salts;
(E) Repealed.
(F) Amphetamine/methamphetamine immediate precursor: Phenyl acetone (Phenyl-2- propanone), P2P; and
(4) 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:
(A) Methagualone;
(B) Amobarbital;
(C) Secobarbital;
(D) Pentobarbital;
(E) Phencyclidine;
(F) Phencyclidine immediate precursors:
(i) 1-phenyleyclohexylamine
(ii) 1-piperidinocyclohexanecarbonitrile (PCC);
(G) Dronabianol;
(H) Nabilone; and
(I) Glutethimide.
(Aug. 5, 1981, D.C. Law 4-29, § 206, 28 DCR 3081; amended by rule, 32 DCR 1097; June 13, 1990, D.C. Law 8-138, § 2(b), 37 DCR 2638; amended by rule, 39 DCR 1882; amended by rule, Dec. 7, 1994, 41 DCR 7967.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 33-516.
Legislative History of Laws
For legislative history of D.C. Law 4-29, see Historical and Statutory Notes following § 48-901.02.
For legislative history of D.C. Law 8-50, see Historical and Statutory Notes following § 48-901.02.
For legislative history of D.C. Law 8-138, see Historical and Statutory Notes following § 48-904.03a.
Miscellaneous Notes
Mayor to implement public information program: See Historical and Statutory Notes following § 48-901.02.
The Mayor shall place a substance in Schedule III if the Mayor finds that:
(1) The substance has a potential for abuse less than the substances listed in Schedules I and II;
(2) The substance has currently accepted medical use in treatment in the United States or the District of Columbia; and
(3) The abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.
(Aug. 5, 1981, D.C. Law 4-29, § 207, 28 DCR 3081.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 33-517.
Legislative History of Laws
For legislative history of D.C. Law 4-29, see Historical and Statutory Notes following § 48-901.02.
(a) The controlled substances listed in this section are included in Schedule III, unless and until removed therefrom pursuant to § 48-902.01:
(1) 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, 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 designation:
(A) Those compounds, mixtures, or preparations in dosage unit form containing any stimulant substances listed in Schedule II which compounds, mixtures, or preparations were listed on August 25, 1971, as excepted compounds under § 1308.32 of the Code of Federal Regulations, and any other drug of the quantitative composition shown in that list for those drugs or which is the same except that it contains a lesser quantity of controlled substances;
(B) Benzphetamine;
(C) Chlorphentermine;
(D) Chlortermine;
(E) Mazindol; and
(F) Phendimetrazine;
(2) Unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:
(A) Any compound, mixture, or preparation containing:
(i) Amobarbital;
(ii) Secobarbital; or
(iii) Pentobarbital; or any salt thereof and 1 or more other active medicinal ingredients which are not listed in any schedule;
(B) Any suppository dosage form containing:
(i) Amobarbital;
(ii) Secobarbital;
(iii) Pentobarbital; or any salt of any of these drugs and approved by the Food and Drug Administration for marketing only as a suppository;
(C) Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid:
(i) Chlorhexadol;
(ii) Rescheduled to Schedule II;
(iii) Lysergic acid;
(iv) Lysergic acid amide;
(v) Methyprylon;
(vi) Sulfondiethylmethane;
(vii) Sulfonethylmethane;
(viii) Sulfonmethane;
(ix) Tiletamine & Zolazepam Combination Product; and
(x) Vinbarbital;
(3) Nalorphine;
(4) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof:
(A) 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;
(B) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams dosage unit, with 1 or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(C) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with a 4-fold or greater quantity of an isoquinoline alkaloid of opium;
(D) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with 1 or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(E) Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with 1 or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(F) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit, with 1 or more ingredients in recognized therapeutic amounts;
(G) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams or not more than 25 milligrams per dosage unit, with 1 or more active, nonnarcotic ingredients in recognized therapeutic amounts; and
(H) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with 1 or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(5) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any quantity of the following substances, drug, or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progesterons, and corticorsteroids) that promotes muscle growth and includes:
(A) Boldenone;
(B) Chlortestosterone (4-chlortestosterone);
(C) Clostebol;
(D) Dehydrochlormethyltestosterone;
(E) Dihydrotestosterone (4-dihydrotestosterone);
(F) Drostanolone;
(G) Ethylestrenol;
(H) Fluoxymestorone;
(I) Formebulone (formebolone);
(J) Mesterolone;
(K) Methandienone;
(L) Methandranone;
(M) Methandriol;
(N) Methandrostenolone;
(O) Methenolone;
(P) Methyltestosterone;
(Q) Mibolerone;
(R) Nandrolone;
(S) Norethandrolone;
(T) Oxandrolone;
(U) Oxymesterone;
(V) Oxymetholone;
(W) Stanolone;
(X) Stanozolol;
(Y) Testolactone;
(Z) Testosterone;
(AA) Trenbolone; and
(BB) 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. Except 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 Secretary of Health and Human Services for such administration. 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 paragraph; and
(6) Cannabis.
(b) The Mayor may except by rule any compound, mixture, or preparation containing any stimulant or depressant substance listed in paragraphs (1) and (2) of subsection (a) of this section from the application of all or any part of this chapter if the compound, mixture, or preparation contains 1 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, proportion, or concentration that vitiate the potential for abuse of the substances which have a stimulant or depressant effect on the central nervous system.
(Aug. 5, 1981, D.C. Law 4-29, § 208, 28 DCR 3081; amended by rule, 39 DCR 1882; amended by rule Dec. 7, 1994, 41 DCR 7967; June 8, 2001, D.C. Law 13- 300, § 2(a), 47 DCR 7037.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 33-518.
Effect of Amendments
D.C. Law 13-300, in subsec. (a), deleted "and" at the end of par. (4)(H), substituted "; and" for the period at the end of par. (5)(BB), and added par. (6).
Legislative History of Laws
For legislative history of D.C. Law 4-29, see Historical and Statutory Notes following § 48-901.02.
Law 13-300, the "Distribution of Marijuana Amendment Act of 2000," was introduced in Council and assigned Bill No. 13-240, which was referred to the Committee of the Judiciary. The Bill was adopted on first and second readings on June 26, 2000, and July 11, 2000, respectively. Signed by the Mayor on July 27, 2000, it was assigned Act No. 13-395 and transmitted to both Houses of Congress for its review. D.C. Law 13-300 became effective on June 8, 2001.
The Mayor shall place a substance in Schedule IV if the Mayor finds that:
(1) The substance has a low potential for abuse relative to substances in Schedule III;
(2) The substance has currently accepted medical use in treatment in the United States or the District of Columbia; and
(3) The abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in Schedule III.
(Aug. 5, 1981, D.C. Law 4-29, § 209, 28 DCR 3081.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 33-519.
Legislative History of Laws
For legislative history of D.C. Law 4-29, see Historical and Statutory Notes following § 48-901.02.
(a) The controlled substances listed in this section are included in Schedule IV, unless and until removed therefrom pursuant to § 48-902.01:
(1) 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:
(A) Barbital;
(B) Chloral betaine;
(C) Chloral hydrate;
(D) Chlordiazepoxide;
(E) Clonazepam;
(F) Clorazepate;
(G) Dextropropoxyphene;
(H) Diazepam;
(I) Ethchlorvynol;
(J) Ethinamate;
(K) Flurazepam;
(L) Lorazepam;
(M) Mebutamate;
(N) Meprobamate;
(O) Methohexital;
(P) Methylphenobarbital (mephobarbital);
(Q) Oxazepam;
(R) Paraldehyde;
(S) Petrichloral;
(T) Phenobarbital;
(U) Prazepam;
(V) Alprazolam;
(W) Bromazepam;
(X) Camazepam;
(Y) Clobazam;
(Z) Clotiazepam;
(AA) Cloxazolam;
(BB) Delorazepam;
(CC) Estazolam;
(DD) Ethyl loflazepate;
(EE) Fludiazepam;
(FF) Flunitrazepam;
(GG) Halazepam;
(HH) Haloxazolam;
(II) Ketazolam;
(JJ) Loprazolam;
(KK) Lormetazepam;
(LL) Medazepam;
(MM) Midazolam;
(NN) Nimetazepam;
(OO) Nitrazepam;
(PP) Oxazolam;
(QQ) Omitted;
(RR) Pinazepam;
(SS) Quazepam;
(TT) Temazepam;
(UU) Tetrazepam; and
(VV) Triazolam;
(2) 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, such as Fenfluramine;
(3) 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, 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 designation:
(A) Diethylpropion;
(B) Phentermine;
(C) Pemoline (including organometallic complexes and chelates thereof);
(D) Cathine;
(E) Fencamfimin;
(F) Fenproporex;
(G) Mefenorex;
(H) Pipradrol; and
(I) SPA;
(4) 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:
(A) Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1), 2-diphenyl-1-3-methyl-2- propionoxybutane; and
(B) Pentazocine; and
(5) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof of not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.
(b) The Mayor may except by rule any compound, mixture, or preparation containing any depressant substance listed in paragraph (1) of subsection (a) of this section from the application of all or any part of this chapter if the compound, mixture, or preparation contains 1 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.
(Aug. 5, 1981, D.C. Law 4-29, § 210, 28 DCR 3081; amended by rule, 39 DCR 1882.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 33-520.
Legislative History of Laws
For legislative history of D.C. Law 4-29, see Historical and Statutory Notes following § 48-901.02.
The Mayor shall place a substance in Schedule V if the Mayor finds that:
(1) The substance has low potential for abuse relative to the controlled substances listed in Schedule IV;
(2) The substance has currently accepted medical use in treatment in the United States or the District of Columbia; and
(3) The substance has limited physical dependence or psychological dependence liability relative to the controlled substances listed in Schedule IV.
(Aug. 5, 1981, D.C. Law 4-29, § 211, 28 DCR 3081.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 33-521.
Legislative History of Laws
For legislative history of D.C. Law 4-29, see Historical and Statutory Notes following § 48-901.02.
The controlled substances listed in this section are included in Schedule V unless and until removed therefrom pursuant to § 48-902.01.
(1) Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or salts thereof, which also contains 1 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 the narcotic drug alone:
(A) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;
(B) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams;
(C) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;
(D) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;
(E) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit; and
(F) Not more than 0.5 milligrams of difenopin and not less than 25 micrograms of atropine sulfate per dosage unit;
(2) Repealed;
(3) Deleted upon adoption of rule in 34 DCMR 4370 on July 10, 1987;
(4) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs and their salts, as set forth below: Buprenorphine;
(5) Prophylhexedrine; and
(6) Pyrovalerone.
(Aug. 5, 1981, D.C. Law 4-29, § 212, 28 DCR 3081; amended by rule, 39 DCR 1882; June 8, 2001, D.C. Law 13-300, § 2(b), 47 DCR 7037.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 33-522.
Effect of Amendments
D.C. Law 13-300 repealed par. (2) which had read: "(2) Cannabis;".
Legislative History of Laws
For legislative history of D.C. Law 4-29, see Historical and Statutory Notes following § 48-901.02.
For D.C. Law 13-300, see notes following § 48-902.08.
The Mayor shall revise and republish the schedules semiannually for 2 years from August 5, 1981, and thereafter annually. The published schedules may include the brand or trade names of the substances controlled.
(Aug. 5, 1981, D.C. Law 4-29, § 213, 28 DCR 3081.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 33-523.
Legislative History of Laws
For legislative history of D.C. Law 4-29, see Historical and Statutory Notes following § 48-901.02.
(a) A controlled substances analogue shall, to the extent intended for human consumption, be treated for the purposes of any District of Columbia law as a controlled substance in Schedule I.
(b) Except as provided in subsection (c) of this section, the term "controlled analogue" means: (1) a substance with a chemical structure that is substantially similar to the chemical structure of a controlled substance in Schedule I or II;
(2) A substance that has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central system of a controlled substance in Schedule I or II; or
(3) A substance that, with respect to a particular person, is represented to have or is intended to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to, or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II.
(c) Such term does not include:
(1) A controlled substance;
(2) Any substance for which there is an approved new drug application;
(3) With respect to a particular person any substance, if an exemption is in effect for investigational use, for that person, under § 505 of the Federal Food, Drug, and Cosmetic Act, approved June 25, 1938 (52 Stat. 1052, 21 U.S.C. § 355) to the extent conduct with respect to such substance is pursuant to such exemption; or
(4) Any substance to the extent not intended for human consumption before such an exemption takes effect with respect to that substance.
(August 4, 1981, D.C. Law 4-29, § 214, as added as added May 9, 2000, D.C. Law 13-99, § 2(b), 47 DCR 791.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 13-99, see notes following § 48-902.04.
