Related statute or rule: s. 961.14, Stats. Summary of, and comparison with, existing or proposed federal regulation:
On January 30, 2015, the Department of Justice, Drug Enforcement Administration published its final rule in the Federal Register placing AB-CHMINACA, AB-PINACA and THJ-2201 into Schedule I of the federal Controlled Substances Act.
Plain language analysis:
The Controlled Substances Board did not receive an objection to treating AB-CHMINACA, AB-PINACA and THJ-2201 as schedule I controlled substances under ch. 961, Stats. based upon the federal scheduling. The Controlled Substances Board took affirmative action on March 23, 2017 to similarly treat AB-CHMINACA, AB-PINACA and THJ-2201 under chapter 961 effective March 27, 2017 to allow for publication in the Administrative Register. The Affirmative Action Order will expire upon promulgation of a final rule. This rule creates s. 961.14 (4) (tb) 34., 35. and 36., Stats. which adds AB-CHMINACA, AB-PINACA and THJ-2201 to schedule I. Comparison with rules in adjacent states:
Illinois: Illinois scheduled AB-CHMINACA, AB-PINACA and THJ-2201 as schedule I controlled substances.
Iowa: Iowa scheduled AB-CHMINACA, AB-PINACA and THJ-2201 as schedule I controlled substances.
Michigan: Michigan has not scheduled these substances.
Minnesota: Minnesota scheduled AB-CHMINACA, AB-PINACA and THJ-2201 as schedule I controlled substances.
Summary of factual data and analytical methodologies:
The methodology was to schedule AB-CHMINACA, AB-PINACA and THJ-2201 to conform with the federal Controlled Substances Act.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
This rule schedules drugs and does not have an effect on small business.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on small business:
These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at Kirsten.Reader@wisconsin.gov, or by calling (608) 267-2435. Agency contact person:
Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, Wisconsin 53708; telephone 608-261-2377; email at DSPSAdminRules@wisconsin.gov. ---------------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. CSB 2.50 is created to read:
CSB 2.50 Addition of AB-CHMINACA, AB-PINACA and THJ-2201 to schedule I. Sections 961.14 (4 )(tb)34., 35. and 36., Stats., are created to read: 961.14(4)(tb)34. N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide, commonly known as AB-CHMINACA.
35. N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide, commonly known as AB-PINACA.
36. [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl)methanone, commonly known as THJ-2201.
Section 2. EFFECTIVE DATE. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats. ---------------------------------------------------------------------------------------------------------------------
(END OF TEXT OF RULE)
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Dated _September 14, 2018____ 
Chair Controlled Substances Board
