STATE OF WISCONSIN
Controlled Substances Board
IN THE MATTER OF RULE-MAKING PROCEEDINGS BEFORE THE
CONTROLLED SUBSTANCES BOARD
AFFIRMATIVE ACTION ORDER OF THE
CONTROLLED SUBSTANCES BOARD
FINDINGS
1. On March 23, 2017, the Department of Justice, Drug Enforcement Administration published its final rule in the Federal Register placing Food and Drug Administration approved products of oral solutions containing dronabinol into schedule II of the federal Controlled Substances Act. The scheduling action is effective March 23, 2017.
2. The Controlled Substances Board did not receive an objection to similarly treating Food and Drug Administration approved products of oral solutions containing dronabinol as schedule II controlled substances under ch. 961, Stats. within 30 days of the date of publication in the federal register of the final order designating FDA approved products of oral solutions containing dronabinol as controlled substances.
3. The Controlled Substances Board will promulgate a final rule, without making the determinations or findings required by ss. 961.11(1), (1m), (1r) and (2) or s. 961.19 and omitting the notice of proposed rule making, designating Food and Drug Administration approved products of oral solutions containing dronabinol as schedule II controlled substances.
ORDER
Pursuant to s. 961.11(4), Stats., the Controlled Substances Board by affirmative action similarly treats Food and Drug Administration approved products of oral solutions containing dronabinol under chapter 961, Stats. by creating the following:
CSB 2.54 Addition of Oral Solutions containing dronabinol to schedule II. Section 961.16 (10), Stats., is created to read:
961.16 (10) (a) Dronabinol [(-)-delta-9-trans-tetrahydrocannabinol (delta-9-THC)] in an oral solution in a drug product approved by the U.S. food and drug administration.
This order shall take effect on May 15, 2017 to allow for publication in the Administrative Register. The order expires upon promulgation of a final rule.
Dated May 12, 2017    
              Doug Englebert, Chair
              Controlled Substances Board
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