On July 18, 2019, the Department of Justice, Drug Enforcement Administration published its final rule in the Federal Register placing N-Ethylhexedrone, a-PHP, 4-MEAP, MPHP, PV8 and 4-chloro-a-PVP into Schedule I of the federal Controlled Substances Act.
Plain language analysis:
The Controlled Substances Board did not receive an objection to treating N-Ethylhexedrone, a-PHP, 4-MEAP, MPHP, PV8 and 4-chloro-a-PVP as a schedule I controlled substances under ch. 961, Stats., based upon the federal scheduling. The Controlled Substances Board took affirmative action on August 12, 2019 to similarly treat N-Ethylhexedrone, a-PHP, 4-MEAP, MPHP, PV8 and 4-chloro-a-PVP under chapter 961 effective August 19, 2019 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 (7) (L) 35. to 40., Stats., which adds N-Ethylhexedrone, a-PHP, 4-MEAP, MPHP, PV8 and 4-chloro-a-PVP to schedule I. Comparison with rules in adjacent states:
Illinois: Illinois has not scheduled N-Ethylhexedrone, a-PHP, 4-MEAP, MPHP, PV8 and 4-chloro-a-PVP.
Iowa: Iowa has scheduled N-Ethylhexedrone, a-PHP, 4-MEAP, MPHP, PV8 and 4-chloro-a-PVP as Schedule I controlled substances.
Michigan: Michigan has not scheduled N-Ethylhexedrone, a-PHP, 4-MEAP, MPHP, PV8 and 4-chloro-a-PVP.
Minnesota: Minnesota has scheduled MPHP and PV8 has Schedule I controlled substances. Minnesota has not scheduled N-Ethylhexedrone, a-PHP, 4-MEAP, and 4-chloro-a-PVP.
Summary of factual data and analytical methodologies:
The methodology was to schedule N-Ethylhexedrone, a-PHP, 4-MEAP, MPHP, PV8 and 4-chloro-a-PVP 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 Daniel.Hereth@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. Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, WI 53708-8366, or by email to DSPSAdminRules@wisconsin.gov. Comments must be received by November 13, 2020 to be included in the record of rule-making proceedings. ---------------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. CSB 2.68 is created to read:
CSB 2.68 Addition of N-Ethylhexedrone, a-PHP, 4-MEAP, MPHP, PV8 and 4-chloro-a-PVP to schedule I. Section 961.14 (7) (L) 35. to 40., Stats., is created to read: 961.14 (7) (L) 35. N-Ethylhexedrone.
36. alpha-pyrrolidinohexanophenone, commonly known as a-PHP.
37. 4-methyl-alpha-ethylaminopentiophenone, commonly known as 4-MEAP.
38. 4’-methyl-alpha-pyrrolidinohexiophenone, commonly known as MPHP.
39. alpha-pyrrolidinoheptaphenone, commonly known as PV8.
40. 4’-chloro-alpha-pyrrolidinovalerophenone, commonly known as 4-chloro-a-PVP.
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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