HOUSE BILL 294

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Nora Espinoza

AN ACT

RELATING TO CONTROLLED SUBSTANCES; AMENDING SECTIONS OF THE CONTROLLED SUBSTANCES ACT TO RECLASSIFY DIHYDROCODEINONE AS A SCHEDULE II CONTROLLED SUBSTANCE INSTEAD OF A SCHEDULE III CONTROLLED SUBSTANCE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 30-31-7 NMSA 1978 (being Laws 1972, Chapter 84, Section 7, as amended) is amended to read:

     "30-31-7. SCHEDULE II.--

          A. The following controlled substances are included in Schedule II:

                (1) any of the following substances, except those narcotic drugs listed in other schedules, whether produced directly or indirectly 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;

                     (b) any salt, compound, isomer, derivative or preparation thereof that is chemically equivalent or identical with any of the substances referred to in Subparagraph (a) of this paragraph, but not including the isoquinoline alkaloids of opium;

                     (c) opium poppy and poppy straw;

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

                     (e) marijuana, but only for the use by certified patients pursuant to the Controlled Substances Therapeutic Research Act or by qualified patients pursuant to the provisions of the Lynn and Erin Compassionate Use Act; and

                     (f) tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinol, but only for the use by certified patients pursuant to the Controlled Substances Therapeutic Research Act or by qualified patients pursuant to the provisions of the Lynn and Erin Compassionate Use Act.

     Marijuana, tetrahydrocannobinols or chemical derivatives of tetrahydrocannabinol shall be considered Schedule II controlled substances only for the purposes enumerated in the Controlled Substances Therapeutic Research Act or the Lynn and Erin Compassionate Use Act;

                (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) alphaprodine;

                     (b) anileridine;

                     (c) bezitramide;

                     (d) dihydrocodeine;

                     (e) diphenoxylate;

                     (f) fentanyl;

                     (g) hydromorphone;

                     (h) isomethadone;

                     (i) levomethorphan;

                     (j) levorphanol;

                     (k) meperidine;

                     (l) metazocine;

                     (m) methadone;

                     (n) methadone--intermediate,

4-cyano-2-dimethylamino-4, 4-diphenyl butane;

                     (o) moramide--intermediate,

2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid;

                     (p) oxycodone;

                     (q) pethidine;

                     (r) pethidine--intermediate--A,

4-cyano-1-methyl-4-phenylpiperidine;

                     (s) pethidine--intermediate--B,

ethyl-4-phenyl-piperidine-4-carboxylate;

                     (t) pethidine--intermediate--C,

1-methyl-4-phenylpiperidine-4-carboxylic acid;

                     (u) phenazocine;

                     (v) piminodine;

                     (w) racemethorphan; and

                     (x) racemorphan;

                (3) unless listed in another schedule, any material, compound, mixture or preparation that contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:

                     (a) amphetamine, its salts, optical isomers and salts of its optical isomers;

                     (b) phenmetrazine and its salts;

                     (c) methamphetamine, its salts, isomers and salts of isomers; and

                     (d) methylphenidate; [and]

                (4) controlled substances added to Schedule II by rule adopted by the board pursuant to Section 30-31-3 NMSA 1978; and

                (5) any material, compound, mixture or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof:

                     (a) not more than three hundred milligrams of dihydrocodeinone, or any of its salts, per one hundred milliliters or not more than fifteen milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium; or

                     (b) not more than three hundred milligrams of dihydrocodeinone, or any of its salts, per one hundred milliliters or not more than fifteen milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts.

                  B. Where methadone is prescribed, administered or dispensed by a practitioner of a drug abuse rehabilitation program while acting in the course of the practitioner's professional practice, or otherwise lawfully obtained or possessed by a person, such person shall not possess such methadone beyond the date stamped or typed on the label of the container of the methadone, nor shall any person possess methadone except in the container in which it was originally administered or dispensed to such person, and such container shall include a label showing the name of the prescribing physician or practitioner, the identity of methadone, the name of the ultimate user, the date when the methadone is to be administered to or used or consumed by the named ultimate user shown on the label and a warning on the label of the methadone container that the ultimate user must use, consume or administer to the ultimate user the methadone in such container. Any person who violates this subsection is guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five years, or by a fine of up to five thousand dollars ($5,000), or both."

     SECTION 2. Section 30-31-8 NMSA 1978 (being Laws 1972, Chapter 84, Section 8, as amended) is amended to read:

     "30-31-8. SCHEDULE III.--The following controlled substances are included in Schedule III:

          A. any material, compound, mixture or preparation containing limited quantities of any substance having a stimulant effect on the central nervous system [which] that is controlled and listed in Schedule II;

          B. unless listed in another schedule, any material, compound, mixture or preparation [which] that contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:

                (1) any substance [which] that contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, except those substances [which] that are specifically listed in another schedule;

                (2) chlorhexadol;

                (3) glutethimide;

                (4) lysergic acid;

                (5) lysergic acid amide;

                (6) methyprylon;

                (7) phencyclidine;

                (8) sulfondiethylmethane;

                (9) sulfonethylmethane; or

                (10) sulfonmethane;

          C. nalorphine;

          D. any material, compound, mixture or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof:

                (1) not more than one and eight-tenths grams of codeine, or any of its salts, per one hundred milliliters or not more than ninety milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;

                (2) not more than one and eight-tenths grams of codeine, or any of its salts, per one hundred milliliters or not more than ninety milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts;

                [(3) not more than three hundred milligrams of dihydrocodeinone, or any of its salts, per one hundred milliliters or not more than fifteen milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium;

                (4) not more than three hundred milligrams of dihydrocodeinone, or any of its salts, per one hundred milliliters or not more than fifteen milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts;

                (5)] (3) not more than one and eight-tenths grams of dihydrocodeine, or any of its salts, per one hundred milliliters or not more than ninety milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts;

                [(6)] (4) not more than three hundred milligrams of ethylmorphine, or any of its salts, per one hundred milliliters or not more than fifteen milligrams per dosage unit, with one or more active non-narcotic ingredients in recognized therapeutic amounts;

                [(7)] (5) not more than five hundred milligrams of opium per one hundred milliliters or per one hundred grams, or not more than twenty-five milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts; or

                [(8)] (6) not more than fifty milligrams of morphine, or any of its salts, per one hundred milliliters or per one hundred grams with one or more active, non-narcotic ingredients in recognized therapeutic amounts;

          E. controlled substances added to Schedule III by rule adopted by the board pursuant to Section 30-31-3 NMSA 1978; and

          F. the board may exempt by regulation any compound, mixture or preparation containing any stimulant or depressant substance listed in Subsections A and B of this section from the application of any part of the Controlled Substances Act if the compound, mixture or preparation contains any active medicinal ingredients not having a stimulant or depressant effect on the central nervous system and if the admixtures are included in combinations, quantity, proportion or concentration that vitiate the potential for abuse of the substances [which] that have a stimulant or depressant effect on the central nervous system."

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