Wyoming Controlled Substances Act-amendments.

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0062

ENROLLED ACT NO. 24, HOUSE OF REPRESENTATIVES

SIXTY-FIRST LEGISLATURE OF THE STATE OF
WYOMING
2011 GENERAL SESSION

AN ACT relating to
the Wyoming Controlled Substances Act; co
nform
ing punctuation and spelling in the
a
ct
to terminology in federal law
; adding and deleting substances in the various schedules of the
a
ct as specified; amending registration requirements
as specified; amending methamphetamine precursor sales restrictions to match federal requirements;

authorizing a person to sign a consent for a third party to receive prescription tracking reports;
specifying applicability of new registration requirements;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 35
‑
7
‑
1014(d)(xxxii), (xxxiv)
,
by crea
ting new paragraphs (xxxv) through (xli)
and
(f)(viii), 35
‑
7
‑
1016(b)(i) by creating a new subparagraph (T), (c) by
creating a new paragraph (xxix) and
(d) by creating a new paragraph (v), 35
‑
7
‑
1018(e)(iii)
,
(iv), (g)(xxiii)
,
by creating new paragraphs (lx) through (lxii)
and
by renumbering (lx) as (lxiii), 35
‑
7
‑
1020(c)
(xxix)
,
by creating a new paragraph (lii)
and
(f) by creating new paragraphs (iii) and (iv), 35
‑
7
‑
1022(b)
(intro)

and
by creating a new subsection (f), 35
‑
7
‑
1024(a), 35
‑
7
‑
1030(a) and (c), 35
‑
7
‑
1059(g)
(intro),
(i)
and
by creating a new paragraph (iii)
,

(h)
and (p)
and
35
‑
7
‑
1060(c) by creating a new paragraph (iv) and
by
renumbering (iv) and (v) as (v) and (vi)
are amended to read:

35
‑
7
‑
1014.

Substances included in Schedule I.

(d)

Hallucinogenic substances
.

‑

Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation (for purposes of this paragraph only, the term "isomer" includes the optical, position and geometric isomers):

(xxxii)

2,5-dimethoxy-4-(n)-propylthiophenethylamine (other name: 2C-T-7)
, its
optical
isomers, salts and salts of

isomers
;

(xxxiv)

5-methoxy-N,N-diisopropyltryptamine; (other name: 5-MeO-DIPT)
,
.

its isomers, salts and salts of isomers
;

(xx
x
v)

Salvinorum A
;

(xxxvi)

3,4-Methylenedioxymethcathinone

(other names: Methylone);

(xxxvii)

3,4–Methylenedioxypyrovalerone (MDPV);

(xxxviii)

4–Methylmethcathinone (other names Mephedrone);

(xxxix)

3–Methoxymethcathinone;

(xl)

3–Fluoromethcathinone;

(xli)

4–Fluoromethcathinone.

(f)

Stimulants
.

‑

Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers and salts of isomers:

(viii)

N-Benzylpiperazine; (some other names: BZP, 1-benzylpiperazine)
, its
optical
isomers, salts and salts of isomers
.

35
‑
7
‑
1016.

Substances included in Schedule II.

(b)

Substances, vegetable origin or chemical synthesis
.

‑

Unless specifically excepted or unless listed in another schedule, any of the following substances whether produced directly or indirectly by extraction from substances of vegetable origin, independently by means of chemical synthesis or by combination of extraction and chemical synthesis:

(i)

Opium and opiate and any salt, compound, derivative, or preparation of opium or opiate, excluding apomorphine, thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene, naloxone and naltrexone and their respective salts, but including the following:

(T)

Oripavine.

(c)

Opiates
.

‑

Unless specifically excepted or unless in another schedule, any of the following opiates including their isomers, esters, ethers, salts and salts of isomers, esters and ethers whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation, dextrorphan and levopropoxyphene excepted:

(xxix)

Tapentadol.

(d)

Stimulants
.

‑

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

(v)

Lisdexamfetamine, its salts, isomers and salts of isomers
.

35
‑
7
‑
1018.

Substances included in Schedule III.

(e)

Narcotic drugs.

‑

Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth in paragraphs (i) through (viii) of this subsection:

(iii)

Not more than three hundred (300) milligrams of dihydrocodeinone

(hydrocodone)
per one hundred (100) milliliters or not more than fifteen (15) milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium;

(iv)

Not more than three hundred (300) milligrams of dihydrocodeinone

(hydrocodone)
per one hundred (100) milliliters or not more than fifteen (15) milligrams per dosage unit, with one (1) or more active, nonnarcotic ingredients in recognized therapeutic amounts;

(g)

Anabolic steroids. – For purposes of this subsection, "anabolic steroid" means any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, corticosteroids and dehydroepiandrosterone) and unless specifically excepted or unless listed in another schedule, includes any of the following or any ether, ester, salt or derivative of the following that acts in the same manner on the human body:

(xxiii)

13[beta]-ethyl-17[
alpha
beta
]-hydroxygon-4-en-3-one);

(lx)

Boldione (androsta-1,4-diene-3,17-dione);

(lxi)

Desoxymethyltestosterone (17[alpha]-methyl-5[alpha]-androst- 2-en-17[beta]-ol)(also known as madol);

(lxii)

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

(lx)
(lxiii)

Any salt, ester or ether of a drug or substance described or listed in this subsection, except the term does not include an anabolic steroid which is expressly intended for administration through implants to cattle or other nonhuman species and which has been approved by the United States secretary of health and humans services for such administration. If any person prescribes, dispenses or distributes such steroid for human use, the person shall be considered to have prescribed, dispensed or distributed an anabolic steroid within the meaning of this subsection.

35
‑
7
‑
1020.

Substances included in Schedule IV.

(c)

Depressants
.

‑

Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances, 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:

(xxix)

Medaxepam

Medazepam
;

(lii)

Fospropofol.

(f)

Other substances
.

‑

Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances, including its salts:

(iii)

Carisoprodol;

(iv)

Tramadol.

35
‑
7
‑
1022.

Substances included in Schedule V.

(b)

Narcotic drugs containing nonnarcotic active medicinal ingredients.

‑

Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth in paragraphs (i) through (vi) of this subsection which also contains one (1) or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture or preparation valuable medicinal qualities other than those possessed by narcotic drugs alone:

(f)

Depressants.

‑

Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts:

(
i)

Lacosamide [(R)-2-acetoamido-N-benzyl-3-methoxy-propionamide]
;

(ii)

Pregabalin [(S)-3-(aminomethyl)-5-methylhexanoic acid]
.

35
‑
7
‑
1024.

Registration requirements.

(a)

Every person who manufactures, distributes or dispenses any controlled substance within this state or who proposes to engage in the manufacture, distribution or dispensing of any controlled substance within this state, must obtain
annually

every two (2) years
, on or before July 1, a registration issued by the board in accordance with its rules. Any registrant who fails to renew his registration by
September 30

July 1
of each
calendar

renewal
year shall be charged a late fee
.

in the amount of forty dollars ($40.00).

If the failure to renew continues past
December 31

September 30
of the
calendar

renewal
year, the registration shall be cancelled and the
bureau

United States
drug enforcement administration
notified for cancellation of the registrant's federal registration.

35
‑
7
‑
1030.

Prescriptions required in certain instances.

(a)

Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, no controlled substance in Schedule II may be dispensed without the written

or electronic
prescription of a practitioner.

(c)

Except when dispensed directly by a practitioner other than a pharmacy to an ultimate user, a controlled substance included in Schedule III or IV, which is a prescription drug as determined under state or federal statute, shall not be dispensed without a written
,

or
oral

or
electronic
prescription of a practitioner. The prescription shall not be filled or refilled more than six (6) months after the date thereof or be refilled more than five (5) times, unless renewed by the practitioner.

35
‑
7
‑
1059.

Unlawful clandestine laboratory operations; methamphetamine precursors; presumptively illegal amount; methamphetamine precursor sales limitations; registration requirements; reports; penalties.

(g)

The retail sale of
nonliquid
methamphetamine precursor drugs
or liquid products with ephedrine or pseudoephedrine as the sole active ingredient
shall be limited
to

as follows
:

(i)

Sales in
packages containing not more than three (3)

grams

No person shall obtain more than a total of three and six
-
tenths (3.6) grams per calendar day, regardless of the number of
transactions
,
of one (1) or more methamphetamine precursor drugs, calculated in terms of the active equivalent of ephedrine
hydrochloride

and
base,

pseudoephedrine base

or
phenylpropanolamine base
;

(iii)

No person shall obtain more than
nine (
9
)
grams of ephedrine base, pseudoephedrine base or phenylpropanolamine base
,

of which no more than seven and one-half (7.5) grams can be imported by private or commercial carrier or the
United States postal service
,
during a
ny

thirty (
30
)
day period.

(h)

No person shall sell in a single retail transaction more than two (2)
packages
as described in subsection (g) of this section

of a product containing methamphetamine precursor drugs
.

T
he seller shall maintain a written or electronic list of such sales in a logbook that identifies the products by name, the quantity sold, the names and addresses of purchasers, and the date and time of the sales except that such requirement does not apply to any purchase by an individual of a single sales package if that package contains not more than
sixty (
60
)
milligrams of pseudoephedrine.

The seller shall maintain each entry in the logbook for not fewer than two (2) years after the date on which the entry is made. The regulated seller who in good faith releases logbook information to federal, state or local law enforcement authorities is immune from civil liability for such release unless the release constitutes gross negligence or intentional, wanton or willful misconduct.

(p)

For purposes of this section, "methamphetamine precursor drug" means
nonliqui
d
any product that
contains

ephedrine, pseudoephedrine or phenylpropanolamine or liquid products with ephedrine or pseudoephedrine as the sole active ingredient

and may be marketed or distributed lawfully in the
United States
under the Federal Food, Drug and Cosmetic Act as a nonprescription drug
.

35
‑
7
‑
1060.

Controlled substances prescription tracking program.

(c)

The tracking program shall not be used to infringe on the legal use of a controlled substance. Information obtained through the controlled substance prescription tracking program is confidential and may not be released and is not admissible in any judicial or administrative proceeding, except as follows:

(iv)

The board may release information to a third party if the patient has signed a consent specifically for the release of his controlled substance prescription information to the specific third party;

(iv)
(v)

The board may release information that does not identify individual patients, practitioners, pharmacists or pharmacies, for educational, research or public information purposes; and

(v)
(vi)

Subject to the rules of evidence, information obtained from the program is admissible in a criminal proceeding or an administrative proceeding involving professional licensing.

Section 2.
W.S.
35
‑
7
‑
1002(a)(iii),
35
‑
7
‑
1016(c)(xxv), 35
‑
7
‑
1022(e) and 35
‑
7
‑
1059(m)(v) are repealed.

Section
3
.

The registration requirements for persons who manufacture, distribute or dispense controlled substances in
Wyoming
specified in
W.S. 35-7-1024
,

as amended in section 1 of this act
, shall apply to
all
registrations
issued or renewed

in
calendar year
2011.

Section
4
.
This act is effective July 1, 2011.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1