The bill amends sections 60A-2-201 and 60A-2-204 of the West Virginia code, enhancing the authority of the Board of Pharmacy to recommend the addition or deletion of substances from the controlled substances schedules. This authority allows the Board to act during regular legislative sessions and on an emergency basis between sessions, guided by federal recommendations. The Board is required to evaluate factors such as the potential for abuse and scientific evidence when making these recommendations. However, the bill clarifies that the Board's authority does not extend to certain categories of substances, including distilled spirits and over-the-counter nonnarcotic substances.

Significantly, the bill introduces provisions for organic psilocybin substances, permitting their prescription, distribution, and marketing if approved by the FDA and rescheduled by the DEA. It also expands the definition of Schedule I substances to include various synthetic compounds, such as synthetic cannabinoids and specific tryptamines, depressants, and stimulants. The bill outlines a temporary listing for certain substances, including fentanyl analogs, to address the risks posed by emerging synthetic drugs. Overall, the legislation aims to strengthen the regulation of controlled substances in response to evolving public health concerns.

Statutes affected:
Introduced Version: 60A-2-204