The Controlled Substances Board did not receive an objection to similarly listing 1-phenylcyclohexylamine and 1-piperidinocyclohexanecarbonitrile, immediate precursors to phencyclidine, also known as PCP, 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 listing 1-phenylcyclohexylamine and 1-piperidinocyclohexanecarbonitrile, immediate precursors to phencyclidine, also known as PCP, as a schedule II controlled substances. Pursuant to s. 961.11(4), Stats., the Controlled Substances Board by affirmative action similarly treats 1-phenylcyclohexylamine and 1-piperidinocyclohexanecarbonitrile, immediate precursors to phencyclidine, also known as PCP, under chapter 961, Stats. by repealing s. 961.14 (6) and creating the following: CSB 2.90 Transfer of 1-phenylcyclohexylamine and 1-piperidinocyclohexanecarbonitrile, immediate precursors to phencyclidine, also known as PCP, from Schedule I to schedule II. Section 961.16 (8) (c), Stats. is created to read:
961.16 (8) (c) Immediate precursors to phencyclidine, also known as PCP:
1. 1-phenylcyclohexylamine.
2. 1-piperidinocyclohexanecarbonitrile.
The Affirmative Action order, dated July 9, 2021, took effect on July 19, 2021, when it was published in the Administrative Register and expires upon promulgation of a final rule.
Summary of, and comparison with, existing or proposed federal regulation:
On May 17, 1978, the Department of Justice, Drug Enforcement Administration published its final rule in the Federal Register listing 1-phenylcyclohexylamine and 1-piperidinocyclohexanecarbonitrile, immediate precursors to phencyclidine, also known as PCP, into schedule II of the federal Controlled Substances Act. The scheduling action was effective June 16, 1978.
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 listed 1-phenylcyclohexylamine and 1-piperidinocyclohexanecarbonitrile as schedule II controlled substances [720 Illinois Compiled Statutes 520/206 (f) (2)].
Iowa: Iowa has listed 1-phenylcyclohexylamine and 1-piperidinocyclohexanecarbonitrile as schedule II controlled substances [Iowa Administrative Code 124.206 (6) (b)].
Michigan: Michigan has not scheduled 1-phenylcyclohexylamine and 1-piperidinocyclohexanecarbonitrile as controlled substances.
Minnesota: Minnesota has listed 1-phenylcyclohexylamine and 1-piperidinocyclohexanecarbonitrile as schedule II controlled substances [Minnesota Statutes 152.02 (3) (e) (6)].
Summary of factual data and analytical methodologies:
The methodology was to transfer 1-phenylcyclohexylamine and 1-piperidinocyclohexanecarbonitrile, immediate precursors to phencyclidine, also known as PCP, from schedule I to schedule II 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 report:
The proposed rules were 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.
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 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.
------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. s. 961.14 (6), Stats. is repealed.
Section 2. CSB 2.90 is created to read:
CSB 2.90 Transfer of 1-phenylcyclohexylamine and 1-piperidinocyclohexanecarbonitrile, immediate precursors to phencyclidine, also known as PCP, from Schedule I to schedule II. Section 961.16 (8) (c), Stats. is created to read:
961.16 (8) (c) Immediate precursors to phencyclidine, also known as PCP:
1. 1-phenylcyclohexylamine.
2. 1-piperidinocyclohexanecarbonitrile.
Section 3. 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)
------------------------------------------------------------------------------------------------------------
Dated _________________ Agency __________________________________
Chairperson
Controlled Substances Board
