STATE OF WISCONSIN
CONTROLLED SUBSTANCES BOARD
IN THE MATTER OF RULE-MAKING : ORDER OF THE
PROCEEDINGS BEFORE THE : CONTROLLED SUBSTANCES BOARD
CONTROLLED SUBSTANCES BOARD : ADOPTING RULES
: (CLEARINGHOUSE RULE 23-018)
ORDER
An order of the Controlled Substances Board to create CSB 2.92 relating to scheduling thirty-five (35) anabolic steroids.
Analysis prepared by the Department of Safety and Professional Services.
ANALYSIS
Statutes interpreted: s. 961.18, Stats. Explanation of agency authority:
Section 961.11 (1), Stats. provides that “[t]he controlled substances board shall administer this subchapter and may add substances to or delete or reschedule all substances listed in the schedules in ss. 961.14, 961.16, 961.18, 961.20 and 961.22 pursuant to the rule-making procedures of ch. 227.” Section 961.11(4), Stats. provides that “[i]f a substance is designated, rescheduled or deleted as a controlled substance under federal law and notice thereof is given to the controlled substances board, the board by affirmative action shall similarly treat the substance under this chapter after the expiration of 30 days from the date of publication in the federal register of a final order designating the substance as a controlled substance or rescheduling or deleting the substance or from the date of issuance of an order of temporary scheduling under 21 USC 811 (h), unless within that 30−day period, the board or an interested party objects to the treatment of the substance. If no objection is made, the board shall promulgate, without making the determinations or findings required by subs. (1), (1m), (1r) and (2) or s. 961.13, 961.15, 961.17, 961.19 or 961.21, a final rule, for which notice of proposed rulemaking is omitted, designating, rescheduling, temporarily scheduling or deleting the substance. If an objection is made the board shall publish notice of receipt of the objection and the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the board shall make a determination with respect to the treatment of the substance as provided in subs. (1), (1m), (1r) and (2) and shall publish its decision, which shall be final unless altered by statute. Upon publication of an objection to the treatment by the board, action by the board under this chapter is stayed until the board promulgates a rule under sub. (2).” Related statute or rule: s. 961.18, Stats. Summary of, and comparison with, existing or proposed federal regulation:
On December 16, 2005 and July 30, 2012, the Department of Justice, Drug Enforcement Administration published its final rules in the Federal Register placing a number of anabolic steroids into schedule III of the federal Controlled Substances Act. The scheduling actions are effective January 20, 2005 and August 29, 2012. Of the substances scheduled in these actions, thirty-five (35) have been determined to not have been previously scheduled in Wisconsin.
Plain language analysis:
This rule adds thirty-five (35) anabolic steroids not previously scheduled in Wisconsin to schedule III under ch. 961, Stats. The Controlled Substances Board did not receive an objection to similarly treating these thirty-five (35) anabolic steroids as schedule III under ch. 961, Stats. within 30 days of the date of publication in the federal register of the final order designating these thirty-five (35) anabolic steroids as controlled substances. Therefore, pursuant to s. 961.11(4), Stats., the Controlled Substances Board by Affirmative Action similarly treated thirty-five (35) anabolic steroids 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 included the thirty-five (35) anabolic steroids added in this rule as schedule III controlled substances [720 Illinois Compiled Statutes 570/102 (c-1) and 208 (f)].
Iowa: Iowa has included the thirty-five (35) anabolic steroids added in this rule as schedule III controlled substances [Iowa Code 124.208 (6)].
Michigan: Michigan has not included the thirty-five (35) anabolic steroids added in this rule as schedule III controlled substances [Michigan Compiled Laws s. 333.7201-7231]. Minnesota: Minnesota has included the thirty-five (35) anabolic steroids added in this rule as schedule III controlled substances [Minnesota Statutes 152.02 (4) (f) (1)].
Summary of factual data and analytical methodologies:
The methodology was to add thirty-five (35) anabolic steroids to schedule III of ch. 961, Stats. 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 adds thirty-five (35) anabolic steroids as Schedule III controlled substances which will not have any effect on small business.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on small business:
