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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
controlled substances; schedule designations
Purpose
Requires the Arizona State Board of Pharmacy (Board) to adopt the schedule I, II, III, IV and V controlled substances as listed in federal law.
Background
Established in 1970, the
Controlled
Substances Act (CSA) places drugs, substances and certain chemicals used to
make drugs into five distinct schedules depending upon the drug’s medical use,
potential for abuse and safety or dependence liability. The CSA also provides a
mechanism for substances to be controlled or decontrolled through inclusion or
removal from scheduling. Proceedings to add, delete or change the schedule of a
drug or other substance may be initiated by the U.S. Drug Enforcement
Administration (U.S. DEA), U.S. Department of Health and Human Services or by
petition from any interested party, including: 1) the manufacturer of a drug;
2) a medical society or association; 3) a pharmacy association; 4) a public
interest group concerned with drug abuse; 5) a state or local government agency;
or 6) an individual citizen. When determining which schedule a drug or other
substance should be placed, decontrolled or rescheduled, certain factors are
required to be considered, including: 1) the substance's actual or relative
potential for abuse; 2) scientific evidence of the substance's pharmacological
effect; 3) the substance's history and pattern of abuse; 4) any potential or
actual risk to public health; and
5) whether the substance is an immediate precursor of a substance already
controlled or scheduled (21 U.S.C. § 812).
According to the U.S. DEA, schedule I drugs, substances and chemicals are those with no currently accepted medical use and a high potential for abuse, including heroin, marijuana, peyote and lysergic acid diethylamide. Schedule II drugs, substances and chemicals are those with a high potential for abuse, with use potentially leading to severe psychological or physical dependence. Schedule II drugs are considered dangerous, and include cocaine, methamphetamine, methadone, oxycodone and fentanyl. Schedule III drugs, substances and chemicals are those with a moderate to low potential for physical and psychological dependence, and include Tylenol with codeine, ketamine, anabolic steroids and testosterone. Schedule IV drugs, substances and chemicals have a low potential for abuse and a low risk for dependence, and include Xanax, Valium and Ambien. Schedule V drugs, substances and chemicals are those with a lower potential for abuse than Schedule IV drugs, may contain limited quantities of certain narcotics and include Robitussin AC, Lomotil and Lyrica.
The Board regulates the practice of pharmacy and the distribution, sale and storage of prescription medications, prescriptive devices and nonprescription medications. The Board is charged with licensing pharmacists, pharmacy interns, pharmacy technicians and pharmacy technician trainees, and issues permits to pharmacies, drug manufacturers, wholesalers, distributors and suppliers in Arizona. The Board is tasked with: 1) issuing licenses to pharmacists, pharmacy interns and pharmacy technicians; 2) issuing permits to pharmacies, manufacturers, wholesalers and distributors; 3) investigating complaints and adjudicating violations of applicable state and federal law; and 4) conducting compliance inspections (A.R.S. § 32-1901).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Directs the Board to adopt the schedule I, II, III, IV and V controlled substances as listed in the CSA and requires the Board to amend the rules, as necessary, to reflect any changes in the schedule designations.
2. Eliminates individual references to certain substances, chemicals and drugs that are statutorily designated as schedule I, II, III, IV and V controlled substances.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
February 12, 2019
CRS/kja