Bill Text: GA HB368 | 2009-2010 | Regular Session | Introduced

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Bill Title: Controlled substances; Schedule II, III, and IV; change certain provisions

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Passed) 2009-04-21 - Effective Date [HB368 Detail]

Download: Georgia-2009-HB368-Introduced.html

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09 LC 33 2774/AP

House Bill 368 (AS PASSED HOUSE AND SENATE)

By: Representatives Stephens of the 164th, Parrish of the 156th, Carter of the 159th, Harden of the 147th, and Parham of the 141st

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedule II, III, and IV controlled substances; to change certain provisions relating to the definition of "dangerous drug"; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended in Code Section 16-13-26, relating to Schedule II controlled substances, as follows:

"16-13-26.

The controlled substances listed in this Code section are included in Schedule II:

(1) Any of the following substances, or salts thereof, except those narcotic drugs specifically exempted or listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:

(A) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, excluding naloxone hydrochloride, but including the following:

(i) Raw opium;

(ii) Opium extracts;

(iii) Opium fluid extracts;

(iv) Powdered opium;

(v) Granulated opium;

(vi) Tincture of opium;

(vii) Codeine;

(viii) Ethylmorphine;

(ix) Hydrocodone;

(x) Hydromorphone;

(xi) Metopon;

(xii) Morphine;

(xiii) Oripavine;

(xiii)(xiv) Oxycodone;

(xiv)(xv) Oxymorphone;

(xv)(xvi) Thebaine;

(B) Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in subparagraph (A) of this paragraph, except that these substances shall not include the isoquinoline alkaloids of opium;

(C) Opium poppy and poppy straw;

(D) Cocaine, coca leaves, any salt, compound, derivative, stereoisomers of cocaine, or preparation of coca leaves, and any salt, compound, derivative, stereoisomers of cocaine, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine;

(2) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:

(A) Alfentanil;

(A.1) Alphaprodine;

(B) Anileridine;

(C) Bezitramide;

(D) Dihydrocodeine;

(E) Diphenoxylate;

(F) Fentanyl;

(G) Isomethadone;

(G.5) Levo-alphacetylmethadol (some other names: levomethadyl acetate, LAAM);

(H) Levomethorphan;

(I) Levorphanol;

(J) Methazocine;

(K) Methadone;

(L) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;

(M) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid;

(N) Pethidine (meperidine);

(O) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;

(P) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;

(Q) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;

(R) Phenazocine;

(S) Piminodine;

(T) Racemethorphan;

(U) Racemorphan;

(U.1) Remifentanil;

(V) Sufentanil;

(W) 4-anilino-N-phenethyl-4-piperidine (ANPP);

(3) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances included as having a stimulant effect on the central nervous system:

(A) Amphetamine, its salts, optical isomers, and salts of its optical isomers;

(B) Any substance which contains any quantity of methamphetamine, including its salts, isomers, and salts of isomers;

(C) Phenmetrazine and its salts;

(D) Methylphenidate, including its salts, isomers, and salts of isomers;

(E) Carfentanil;

(F) Nabilone;

(G) Lisdexamfetamine;

(4) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any of the following substances included as having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

(A) Amobarbital;

(A.5) Glutethimide;

(B) Secobarbital;

(C) Pentobarbital."

SECTION 2.

Said chapter is further amended in Code Section 16-13-27, relating to Schedule III controlled substances, by adding new subparagraphs to paragraph (6) to read as follows:

"(A.5) Boldione (Androsta-1,4-diene-3,17-dione);"

"(BB) 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione);"

"(D.1) Desoxymethyltestosterone (17a-methyl-5a-androst-2-en-17-ol, madol);"

SECTION 3.

Said chapter is further amended in Code Section 16-13-28, relating to Schedule IV controlled substances, by adding a new paragraph to subsection (a) to read as follows:

"(16.15) Indiplon;"

SECTION 4.

Said chapter is further amended in Code Section 16-13-28, relating to Schedule IV controlled substances, by deleting paragraph (11.5) of subsection (a), which reads as follows:

"(11.5) Eszopiclone;"

SECTION 5.

Said chapter is further amended in Code Section 16-13-71, relating to the definition of dangerous drug, by adding new paragraphs to subsection (b) to read as follows:

"(26.5) Alvimopan;"

"(82.7) Bendamustine;"

"(160) Certolizumab;"

"(196.5) Clevidipine;"

"(240.6) Darifenacin;"

"(256.5) Desvenlafaxine;"

"(277.57) Difluprednate;"

"(331.06) Eltrombopag;"

"(379.5) Etravirine;"

"(381.75) Fenofibric acid;"

"(383.45) Fesoterodine;"

"(406.35) Fosaprepitant;"

"(406.93) Fospropofol;"

"(408.85) Gadoxetate;"

"(509.7) Lacosamide;"

"(517.25) Levoleucovorin;"

"(604.5) Methylnaltrexone;"

"(742.3) Plerixafor;"

"(832.5) Regadenoson;"

"(842.17) Rilonacept;"

"(845.15) Romiplostim;"

"(848.5) Rufinamide;"

"(855.9) Silodosin;"

"(939.5) Tetrabenazine;"

SECTION 6.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 7.

All laws and parts of laws in conflict with this Act are repealed.