STATE OF WISCONSIN
CONTROLLED SUBSTANCES BOARD
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IN THE MATTER OF RULE-MAKING : AFFIRMATIVE ACTION
PROCEEDINGS BEFORE THE : ORDER OF THE
CONTROLLED SUBSTANCES BOARD : CONTROLLED SUBSTANCES BOARD
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FINDINGS
1. On December 28, 2018, the Department of Justice, Drug Enforcement Administration published its final rule in the Federal Register placing 5F-EDMB-PINACA, 5F-MDMB-PICA, FUB-AKB48, 5F-CUMYL-PINACA, and FUB-144 into schedule I of the federal Controlled Substances Act. The scheduling action is effective December 28, 2018.
2. The Controlled Substances Board did not receive an objection to similarly treating 5F-EDMB-PINACA, 5F-MDMB-PICA, FUB-AKB48, 5F-CUMYL-PINACA, and FUB-144 as a schedule I under ch. 961, Stats. within 30 days of the date of publication in the federal register of the final order designating 5F-EDMB-PINACA, 5F-MDMB-PICA, FUB-AKB48, 5F-CUMYL-PINACA, and FUB-144 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. 961.13 and omitting the notice of proposed rule making, designating 5F-EDMB-PINACA, 5F-MDMB-PICA, FUB-AKB48, 5F-CUMYL-PINACA, and FUB-144 as a schedule I controlled substances. ORDER
Pursuant to s. 961.11(4), Stats., the Controlled Substances Board by affirmative action similarly treats 5F-EDMB-PINACA, 5F-MDMB-PICA, FUB-AKB48, 5F-CUMYL-PINACA, and FUB-144 under chapter 961, Stats. by creating the following: CSB 2.66 Addition of 5F-EDMB-PINACA, 5F-MDMB-PICA, FUB-AKB48, 5F-CUMYL-PINACA, and FUB-144 to schedule I. Section 961.14 (4) (tb) 49., 50., 51., 52., and 53., Stats., is created to read: 961.14 (4) (tb) 49. thyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate, commonly known as 5F-EDMB-PINACA.
50. methyl 2-(1-(5-fluoropentyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate, commonly known as 5F-MDMB-PICA.
51. N-(adamantan-1-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide, commonly known as FUB-AKB48, FUB-APINACA or AKB48 N-(4-FLUOROBENZYL).
52. 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide, commonly known as 5F-CUMYL-PINACA or SGT-25.
53. (1-(4-fluorobenzyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone, commonly known as FUB-144.
This order shall take effect on March 11, 2019 to allow for publication in the Administrative Register. The order expires upon promulgation of a final rule.
Dated February 4, 2019 
Doug Englebert, Chair
Controlled Substances Board
