In 2019 and 2020, there has been an increased prevalence of flualprazolam in the United States. Law enforcement officers and medical examiners have provided information to the Controlled Substances Board indicating this substance is implicated in Wisconsin overdose cases, including those resulting in death.
Public health concerns are similar to other benzodiazepines which are higher potency with a relatively fast time of onset. When flualprazolam is combined with opioids, this contributes to increased overdose through benzodiazepine-potentiated opioid-induced respiratory depression. In addition, flualprazolam causes disinhibition and sedation that impair driving. There have been reports of intentionally counterfeit alprazolam product containing flualprazolam entering the drug supply chain in other states.
Flualprazolam has a fast onset of action and similarities to alprazolam and has a relatively high dependence liability.
The Controlled Substances Board considered the following factors in making the determination to add flualprazolam to the controlled substance schedules in ch. 961, Stats.: - The actual or relative potential for abuse.
- The scientific evidence of its pharmacological effect.
- The state of current scientific knowledge regarding the substance.
- The history and current pattern of abuse.
- The scope, duration and significance of abuse.
- The risk to the public health.
- The potential of the substance to produce psychological or physical dependence liability.
- Whether the substance is an immediate precursor of a substance already controlled under ch. 961, Stats. The Controlled Substances Board makes a finding that flualprazolam has a potential for abuse.
The alternative to scheduling flualprazolam as a controlled substance is for it to remain as a substance that is not treated as a controlled substance in Wisconsin. Alprazolam is not a schedule I controlled substance, therefore, a prosecution involving flualprazolam can not be commenced under Wisconsin’s analog law (s. 961.25, Stats). 4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
961.11 (1) The controlled substances board shall administer this subchapter and may add substances to or delete or reschedule all substances listed in the schedules in ss. 961.14, 961.16, 961.18, 961.20 and 961.22 pursuant to the rule− making procedures of ch. 227. (1m) In making a determination regarding a substance, the board shall consider the following:
(a) The actual or relative potential for abuse;
(b) The scientific evidence of its pharmacological effect, if known;
(c) The state of current scientific knowledge regarding the substance;
(d) The history and current pattern of abuse;
(e) The scope, duration and significance of abuse;
(f) The risk to the public health;
(g) The potential of the substance to produce psychological or physical dependence liability; and
(h) Whether the substance is an immediate precursor of a substance already controlled under this chapter.
(1r) The controlled substances board may consider findings of the federal food and drug administration or the drug enforcement administration as prima facie evidence relating to one or more of the determinative factors.
(2) After considering the factors enumerated in sub. (1m), the controlled substances board shall make findings with respect to them and promulgate a rule controlling the substance upon finding that the substance has a potential for abuse.
5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
60 hours
6. List with description of all entities that may be affected by the proposed rule:
Law enforcement, district attorney offices, Dept of Justice, state courts and the Controlled Substances Board
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
The federal government has not scheduled flualprazolam as a controlled substance.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
None to minimal. This rule is not likely to have a significant economic impact on small businesses.
Contact Person: Sharon Henes, Administrative Rules Coordinator, (608) 261-2377
Authorized Signature
August 18, 2020
Date Submitted
