Affirmative Action Order re: ADB-BUTINACA, Alpha-PiHP, 3-MMC

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 13, 2023, the Department of Justice, Drug Enforcement Administration published its final rule in the Federal Register adding the following three substances to schedule I of the federal Controlled Substances Act:

— ADB-BUTINACA

— α-PiHP or alpha-PiHP

— 3-MMC

The scheduling action is effective December 13, 2023.

2. The Controlled Substances Board did not receive an objection to similarly listing the above three substances as schedule I controlled substances under ch. 961, Stats. within 30 days of the date of publication in the federal register of the final order listing the above three substances as schedule I 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. 961.19 and omitting the notice of proposed rulemaking, listing the above three substances as schedule I controlled substances.

ORDER

Pursuant to s. 961.11(4), Stats., the Controlled Substances Board by affirmative action similarly treats the above three substances under chapter 961, Stats. by creating the following:

CSB 2.007 Addition of ADB-BUTINACA, α-PiHP, and 3-MMC to Schedule I. (1) Section 961.14 (4) (tb) 32m. is created to read:

961.14 (4) (tb) 32m. N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-butyl-1H-indazole-3-carboxamide, commonly known as ADB-BUTINACA.

(2) Section 961.14 (7) (L) 2m. and 36m. are created to read:

961.14 (7) (L) 2m. 3-methylmethcathinone or 2-(methylamino)-1-(3-methylphenyl)propan-1-one, commonly known as 3-MMC.

36m. 4-methyl-1-phenyl-2-(pyrrolidin-1-yl)pentan-1-one, commonly known as alpha-PiHP.

This order shall become effective upon publication in the Administrative Register. The order expires upon promulgation of a final rule.