Plain language analysis:
This rule adds seven (7) synthetic benzimidazole-opioid substances to schedule I under ch. 961, Stats. The Controlled Substances Board did not receive an objection to similarly treating the following seven (7) synthetic benzimidazole-opioid substances as schedule I under ch. 961, Stats. within 30 days of the date of publication in the federal register of the final order designating them as controlled substances: — 2-(2-(4-butoxybenzyl)-5-nitro-1Hbenzimidazol-1-yl)-N,N-diethylethan-1- amine (butonitazene),
— 2-(2-(4-ethoxybenzyl)-1Hbenzimidazol-1-yl)-N,N-diethylethan-1- amine (etodesnitazene; etazene),
— N,N-diethyl-2-(2-(4-fluorobenzyl)-5- nitro-1H-benzimidazol-1-yl)ethan-1- amine (flunitazene),
— N,N-diethyl-2-(2-(4- methoxybenzyl)-1H-benzimidazol-1- yl)ethan-1-amine (metodesnitazene),
— N,N-diethyl-2-(2-(4- methoxybenzyl)-5-nitro-1Hbenzimidazol-1-yl)ethan-1-amine (metonitazene),
— 2-(4-ethoxybenzyl)-5-nitro-1-(2- (pyrrolidin-1-yl)ethyl)-1Hbenzimidazole (N-pyrrolidino etonitazene; etonitazepyne), and
— N,N-diethyl-2-(5-nitro-2-(4- propoxybenzyl)-1H-benzimidazol-1- yl)ethan-1-amine (protonitazene).
Therefore, pursuant to s. 961.11(4), Stats., the Controlled Substances Board by Affirmative Action similarly treated the seven (7) synthetic benzimidazole-opioid substances listed above, under chapter 961, Stats and is now following up with a final rule. The Affirmative Action order, dated July 20, 2022, took effect on July 25, 2022, when it was published in the Administrative Register and expires upon promulgation of a final rule.
Summary of public comments received on statement of scope and a description of how and to what extent those comments and feedback were taken into account in drafting the proposed rule: N/A
Comparison with rules in adjacent states:
Illinois: Illinois has not included the seven (7) synthetic benzimidazole-opioid substances listed in this rule as schedule I controlled substances [720 Illinois Compiled Statutes 570/204].
Iowa: Iowa has not included the seven (7) synthetic benzimidazole-opioid substances listed in this rule as schedule I controlled substances [Iowa Code 124.204].
Michigan: Michigan has not included the seven (7) synthetic benzimidazole-opioid substances listed in this rule as schedule I controlled substances [Michigan Compiled Laws s. 333.7212]. Minnesota: Minnesota has not included the seven (7) synthetic benzimidazole-opioid substances listed in this rule as schedule I controlled substances [Minnesota Statutes 152.02 (2)].
Summary of factual data and analytical methodologies:
The methodology was to schedule seven (7) synthetic benzimidazole-opioid substances 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:
The rule schedules seven (7) synthetic benzimidazole-opioid substances as Schedule III controlled substances which will not have any effect on small business.
Fiscal Estimate:
The proposed rule was posted for a period of 14 days to solicit public comment on economic impact, including how the proposed rules may affect businesses, local government units, and individuals. No comments were received.
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 Jennifer.Garrett@wisconsin.gov, or by calling (608) 266-6795. Agency contact person:
Nilajah Hardin, 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 608-267-7139; email at DSPSAdminRules@wisconsin.gov. Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Nilajah Hardin, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, Madison, WI 53708-8366, or by email to DSPSAdminRules@wisconsin.gov. Comments must be received by July 14, 2023 to be included in the record of rulemaking proceedings.
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TEXT OF RULE
Section 1. CSB 2.94 is created to read:
CSB 2.94 Addition of seven (7) synthetic benzimidazole-opioid substances to schedule I.
Section 961.14 (2) (mm) and (pe), stats. are renumbered to 961.14 (2) (xm) 3. and 5. And amended to read:
961.14 (2) (xm) 3. Etonitazene (2-(2-(4-ethoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)-N,N-diethylethan-1- amine).
961.14 (2) (xm) 5. Isotonitazene (N,N -diethyl-2-(2-(4-isopropoxybenzyl)-5-nitro-1H-benizimidazol-1-yl)ethan-1-amine).
961.14 (2) (xm) Synthetic Benzimidazole-opioid Substances, specifically including all of the following:
1. Butonitazene (2-(2-(4-butoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)-N,N-diethylethan-1- amine).
2. Etodesnitazene also known as Etazene (2-(2-(4-ethoxybenzyl)-1H-benzimidazol-1-yl)-N,N-diethylethan-1- amine).
4. Flunitazene (N,N-diethyl-2-(2-(4-fluorobenzyl)-5- nitro-1H-benzimidazol-1-yl)ethan-1- amine).
6. Metodesnitazene (N,N-diethyl-2-(2-(4- methoxybenzyl)-1H-benzimidazol-1- yl)ethan-1-amine).
7. Metonitazene (N,N-diethyl-2-(2-(4- methoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine).
8. N-pyrrolidino etonitazene also known as etonitazepyne (2-(4-ethoxybenzyl)-5-nitro-1-(2- (pyrrolidin-1-yl)ethyl)-1H-benzimidazole).
9. Protonitazene (N,N-diethyl-2-(5-nitro-2-(4- propoxybenzyl)-1H-benzimidazol-1- yl)ethan-1-amine).
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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