902 KAR 55:020. Schedule II substances.

 

      RELATES TO: KRS 218A.010-218A.030, 218A.060-218A.070, 21 C.F.R. 1308.12

      STATUTORY AUTHORITY: KRS 218A.020(1), (3)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 218A.020(1) authorizes the Cabinet for Health and Family Services to promulgate administrative regulations in order to add, delete, or reschedule substances enumerated in KRS Chapter 218A. KRS 218A.020(3) authorizes the Cabinet for Health and Family Services to promulgate administrative regulations to control substances controlled under federal law. This administrative regulation designates Schedule II controlled substances.

 

      Section 1. Substances, Vegetable Origin or Chemical Synthesis. The Cabinet for Health and Family Services designates as a Schedule II controlled substance any material, compound, mixture, or preparation that contains any quantity of the following substances, except those narcotic drugs listed in other schedules, 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:

      (1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate;

      (2) Any salt, compound, isomer, derivative, or preparation thereof that is chemically equivalent or identical with any of the substances referred to in subsection (1) of this section, except for the isoquinoline alkaloids of opium;

      (3) Opium poppy and poppy straw; and

      (4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, including cocaine and ecgonine and their salts, isomers, derivatives and salts of isomers and derivatives, and any salt, compound, isomer, derivative, or preparation thereof that is chemically equivalent or identical with any of these substances, except for decocainized coca leaves or extractions of coca leaves that do not contain cocaine, ecgonine, or ioflupane.

 

      Section 2. Opium and Derivatives. The Cabinet for Health and Family Services designates as a Schedule II controlled substance, in addition to those specified by KRS 218A.070, opium and opiates, and a salt, compound, derivative, or preparation of opium or opiate, excluding apomorphine, thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene, naloxegol, naloxone, and naltrexone, and their respective salts, including the following:

      (1) Raw opium;

      (2) Opium extracts;

      (3) Opium fluid;

      (4) Powdered opium;

      (5) Granulated opium;

      (6) Tincture of opium;

      (7) Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid, or powder form that contains the phenanthrene alkaloids of the opium poppy);

      (8) Codeine;

      (9) Dihydroetorphine;

      (10) Ethylmorphine;

      (11) Etorphine hydrochloride;

      (12) Hydrocodone (dihydrocodeinone), including all hydrocodone combination products;

      (13) Hydromorphone;

      (14) Metopon;

      (15) Morphine;

      (16) Oripavine;

      (17) Oxycodone;

      (18) Oxymorphone; and

      (19) Thebaine.

 

      Section 3. Opiates. The Cabinet for Health and Family Services designates as a Schedule II controlled substance, in addition to those specified by KRS 218A.070, the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers if the existence of the isomers, esters, ethers, or salts is possible within the specific chemical designation, excluding dextrorphan and levopropoxyphene:

      (1) Alfentanil;

      (2) Alphaprodine;

      (3) Anileridine;

      (4) Bezitramide;

      (5) Bulk dextropropoxyphene, in nondosage forms;

      (6) Carfentanil;

      (7) Dihydrocodeine;

      (8) Diphenoxylate;

      (9) Fentanyl;

      (10) Isomethadone;

      (11) Levo-alphacetylmethadol (some other names include levo-alpha-acetylmethadol, levomethadyl acetate, LAAM);

      (12) Levomethorphan;

      (13) Levorphanol;

      (14) Metazocine;

      (15) Methadone;

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

      (17) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid;

      (18) Pethidine (meperidine);

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

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

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

      (22) Phenazocine;

      (23) Piminodine;

      (24) Racemethorphan;

      (25) Racemorphan;

      (26) Remifentanil;

      (27) Sufentanil; and

      (28) Tapentadol.

 

      Section 4. Stimulants. The Cabinet for Health and Family Services designates as a Schedule II controlled substance a material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including their salts, isomers (whether optical position or geometric), and salts of those isomers if the existence of the salts, isomers, or salts of isomers is possible within the specific chemical designation:

      (1) Amphetamine;

      (2) Methamphetamine;

      (3) Phenmetrazine;

      (4) Methylphenidate; and

      (5) Lisdexamfetamine.

 

      Section 5. Depressants. (1) Except as provided in subsection (2) of this section, the Cabinet for Health and Family Services designates as a Schedule II controlled substance, in addition to those specified by KRS 218A.070, a material, compound, mixture, or preparation that contains a quantity of the following substances:

      (a) Amobarbital;

      (b) Glutethimide;

      (c) Pentobarbital;

      (d) Phencyclidine; and

      (e) Secobarbital.

      (2) A suppository dosage form containing amobarbital, secobarbital, or pentobarbital or any of their salts that has been approved by the United States Food and Drug Administration for marketing only as a suppository, shall be in Schedule III.

 

      Section 6. Immediate Precursors. The Cabinet for Health and Family Services designates as a Schedule II controlled substance, in addition to those specified by KRS 218A.070, a material, compound, mixture, or preparation that contains a quantity of the following substances:

      (1) Immediate precursors to amphetamine and methamphetamine and substances:

      (a) Phenylacetone;

      (b) Phenyl-2-propanone;

      (c) P2P;

      (d) Benzyl methyl ketone; and

      (e) Methyl benzyl ketone;

      (2) Immediate precursors to phencyclidine:

      (a) 1-phenylcyclohexylamine; and

      (b) 1-piperidinocyclohexanecarbonitrile, also known as PCC; and

      (3) Immediate precursors of fentanyl, 4-anilino-N-phenethyl-4-piperidine (ANPP).

 

      Section 7. Hallucinogenic Substances. The Cabinet for Health and Family Services designates as a Schedule II controlled substance, in addition to those specified by KRS 218A.070, a material, compound, mixture, or preparation that contains a quantity of Nabilone, also known as (plus or minus) - trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy-6,6-dimethyl-9H-dibenzo{b,d}pyran-9-one. (Recodified from 901 KAR 1:020, 4-14-1982; Am. 11 Ky.R. 1675; eff. 6-4-1985; 12 Ky.R. 1176; eff. 2-4-1986; 13 Ky.R. 1945; eff. 6-9-1987; 17 Ky.R. 3281; eff. 6-19-1991; 20 Ky.R. 859; eff. 12-6-1993; 26 Ky.R. 1237; 1561; eff. 2-1-2000; 42 Ky.R. 1975; eff. 3-4-2016.)