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68th Legislature 2023 SB 67.1
1 SENATE BILL NO. 67
2 INTRODUCED BY T. MCGILLVRAY
3 BY REQUEST OF THE DEPARTMENT OF JUSTICE
4
5 A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING DRUG SCHEDULES FOR SCHEDULE I,
6 SCHEDULE II, SCHEDULE III, SCHEDULE IV, AND SCHEDULE V CONTROLLED SUBSTANCES;
7 PROVIDING UPDATES TO EACH LISTED SCHEDULE; AND AMENDING SECTIONS 50-32-222, 50-32-224,
8 50-32-226, 50-32-229, AND 50-32-232, MCA.”
9
10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
11
12 Section 1. Section 50-32-222, MCA, is amended to read:
13 "50-32-222. Specific dangerous drugs included in Schedule I. Schedule I consists of the drugs
14 and other substances, by whatever official, common, usual, chemical, or brand name designated, listed in this
15 section.
16 (1) Opiates. Unless specifically excepted or listed in another schedule, any of the following are
17 opiates, including isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the
18 existence of those isomers, esters, ethers, and salts is possible within the specific chemical designation:
19 (a) acetyl-alpha-methylfentanyl, also known as N-(1-(1-methyl-2-phenethyl)-4-piperidinyl)-N-
20 phenylacetamide;
21 (b) acetylmethadol, also known as 4-(dimethylamino)-1-ethyl-2,2-diphenylpentyl acetate or
22 methadyl acetate;
23 (c) allylprodine, also known as 1-methyl-4-phenyl-3-(prop-2-en-1-yl)piperidin-4-yl propanoate;
24 (d) alphacetylmethadol, except levo-alphacetylmethadol, also known as levo-alpha-
25 acetylmethadol, levomethadyl acetate, or LAAM;
26 (e) alphameprodine;
27 (f) alphamethadol;
28 (g) alpha-methylfentanyl, also known as (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl]
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68th Legislature 2023 SB 67.1
1 propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);
2 (h) alpha-methylthiofentanyl, also known as N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-
3 phenylpropanamide;
4 (i) benzethidine;
5 (j) betacetylmethadol;
6 (k) beta-hydroxyfentanyl, also known as N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-
7 phenylpropanamide;
8 (l) beta-hydroxy-3-methylfentanyl, also known as N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-
9 piperidinyl]-N-phenylpropanamide;
10 (m) betameprodine;
11 (n) betamethadol;
12 (o) betaprodine;
13 (p) brorphine
14 (p)(q) clonitazene;
15 (q)(r) dextromoramide;
16 (r)(s) diampromide;
17 (s)(t) diethylthiambutene;
18 (t)(u) difenoxin;
19 (u)(v) dimenoxadol;
20 (v)(w) dimepheptanol;
21 (w)(x) dimethylthiambutene;
22 (x)(y) dioxaphetyl butyrate;
23 (y)(z) dipipanone;
24 (z)(aa) ethylmethylthiambutene;
25 (aa)(bb) etonitazene;
26 (bb)(cc) etoxeridine;
27 (dd) fluorofentanyl
28 (cc)(ee) furethidine;
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68th Legislature 2023 SB 67.1
1 (dd)(ff) hydroxypethidine;
2 (gg) isotonitazene
3 (ee)(hh) ketobemidone;
4 (ff)(ii) levomoramide;
5 (gg)(jj) levophenacylmorphan;
6 (hh)(kk) 3-methylfentanyl, also known as N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-
7 phenylpropanamide;
8 (ii)(ll) 3-methylthiofentanyl, also known as N-[3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-
9 phenylpropanamide (optical and geometric isomers only);
10 (jj)(mm) morpheridine;
11 (kk)(nn) MPPP, also known as desmethylprodine and (1-methyl-4-phenyl-4-propionoxypiperidine);
12 (ll)(oo) noracymethadol;
13 (mm)(pp) norlevorphanol;
14 (nn)(qq) normethadone;
15 (oo)(rr) norpipanone;
16 (pp) para-fluorofentanyl, also known as N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-
17 piperidinyl]propanamide;
18 (qq)(ss) PEPAP, also known as (1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);
19 (rr)(tt) phenadoxone;
20 (ss)(uu) phenampromide;
21 (tt)(vv) phenomorphan;
22 (uu)(ww) phenoperidine;
23 (vv)(xx) piritramide;
24 (ww)(yy) proheptazine;
25 (xx)(zz) properidine;
26 (yy)(aaa) propiram;
27 (zz)(bbb) racemoramide;
28 (aaa)(ccc) thiofentanyl, also known as N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide;
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68th Legislature 2023 SB 67.1
1 (bbb)(ddd) tilidine; and
2 (ccc)(eee) trimeperidine.
3 (2) For the purposes of subsection (1)(hh), the term "isomer" includes the optical, positional, and
4 geometric isomers. Substituted fentanyls (1-phenethyl-4-N-propionylanilinopiperidine) are, unless specifically
5 excepted, listed in another schedule, approved by the United States food and drug administration, or not used
6 within legitimate and approved medical research, any material, compound, mixture, or preparation, including its
7 salts, isomers, esters, ethers, and salts of isomers, esters, or ethers whenever the existence of those salts is
8 possible, within any of the following chemical designations that are structurally related to fentanyl by one or
9 more of the following modifications:
10 (a) replacement of the phenyl portion of the phenethyl group by any monocyclic ring, whether or
11 not further substituted in or on the monocyclic ring;
12 (b) substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl,
13 amino, or nitro groups;
14 (c) substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo,
15 haloalkyl, amino, or nitro groups;
16 (d) replacement of the aniline ring with any aromatic monocyclic ring, whether or not further
17 substituted in or on the aromatic monocyclic ring; or
18 (e) replacement of the N-propionyl group by another acyl group.
19 (3) Opium derivatives. Unless specifically excepted or listed in another schedule, any of the
20 following are opium derivatives, including salts, isomers, and salts of isomers whenever the existence of those
21 salts, isomers, and salts of isomers is possible within the specific chemical designation:
22 (a) acetorphine;
23 (b) acetyldihydrocodeine;
24 (c) benzylmorphine;
25 (d) codeine methylbromide;
26 (e) codeine-N-oxide;
27 (f) cyprenorphine;
28 (g) desomorphine;
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68th Legislature 2023 SB 67.1
1 (h) dihydromorphine;
2 (i) drotebanol;
3 (j) etorphine, except hydrochloride salt;
4 (k) heroin;
5 (l) hydromorphinol;
6 (m) methyldesorphine;
7 (n) methyldihydromorphine;
8 (o) morphine methylbromide;
9 (p) morphine methylsulfonate;
10 (q) morphine-N-oxide;
11 (r) myrophine;
12 (s) nicocodeine;
13 (t) nicomorphine;
14 (u) normorphine;
15 (v) pholcodine; and
16 (w) thebacon.
17 (4) Hallucinogenic substances. Unless specifically excepted or listed in another schedule, any
18 material, compound, mixture, or preparation that contains any quantity of the following is a hallucinogenic
19 substance, including salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and
20 salts of isomers is possible within the specific chemical designation:
21 (a) alpha-ethyltryptamine, also known as etryptamine, monase, alpha-ethyl-1H-indole-3-
22 ethanamine, 3-(2-aminobutyl) indole, alpha-ET, and AET;
23 (b) alpha-methyltryptamine, also known as AMT;
24 (c) 4-bromo-2,5-dimethoxyamphetamine, also known as 4-bromo-2, 5-dimethoxy-alpha-
25 methylphenethylamine, and 4-bromo-2,5-DMA;
26 (d) 4-bromo-2,5-dimethoxyphenethylamine, also known as 2-(4-bromo-2,5-dimethoxyphenyl)-1-
27 aminoethane, alpha-desmethyl DOB, and 2C-B, Nexus;
28 (e) 2,5-dimethoxyamphetamine, also known as 2,5-dimethoxy-alpha-methylphenethylamine and
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68th Legislature 2023 SB 67.1
1 2,5-DMA;
2 (f) 2,5-dimethoxy-4-(N)-propylthiophenethylamine, also known as 2C-T-7;
3 (g) 3,4-methylenedioxyamphetamine;
4 (h) 2,5-dimethoxy-4-ethylamphetamine, also known as DOET;
5 (i) 5-methoxy-N,N-diisopropyltryptamine, also known as 5-MeO-DIPT;
6 (j) 5-methoxy-N,N-dimethyltryptamine, also known as 5-MeO-DMT;
7 (k) 4-methoxyamphetamine, also known as 4-methoxy-alpha-methylphenethylamine;
8 (l) 5-methoxy-3,4-methylenedioxyamphetamine;
9 (m) 4-methyl-2,5-dimethoxyamphetamine, also known as 4-methyl-2, 5-dimethoxy-alpha-
10 methylphenethylamine, DOM, and STP;
11 (n) 3,4-methylenedioxymethamphetamine, also known as MDMA;
12 (o) 3,4-methylenedioxy-N-ethylamphetamine, also known as N-ethyl-alpha-methyl-
13 3,4(methylenedioxy)phenethylamine, N-ethyl MDA, MDE, and MDEA;
14 (p) N-hydroxy-3,4-methylenedioxyamphetamine, also known as N-hydroxy-alpha-methyl-3,4
15 (methylenedioxy)phenethylamine and N-hydroxy MDA;
16 (q) 3,4,5-trimethoxyamphetamine;
17 (r) bufotenine, also known as 3-(beta-dimethylaminoethyl)-5-hydroxyindole, 3-(2-
18 dimethylaminoethyl)-5-indolol, N,N-dimethylserotonin, 5-hydroxy-N,N-dimethyltryptamine, and mappine;
19 (s) diethyltryptamine, also known as N,N-diethyltryptamine and DET;
20 (t) dimethyltryptamine, also known as DMT;
21 (u) hashish;
22 (v) ibogaine, also known as 7-ethyl-6,6beta,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-5H-
23 pyrido [1', 2':1,2] azepine [5,4-b] indole and tabernanthe iboga;
24 (w) lysergic acid diethylamide, also known as LSD;
25 (x) marijuana;
26 (y) mescaline;
27 (z) parahexyl, also known as 3-hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,8 6,9-trimethyl-6H-
28 dibenzo[b,d]pyran and synhexyl;
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68th Legislature 2023 SB 67.1
1 (aa) peyote, meaning all parts of the plant presently classified botanically as lophophora williamsii
2 lemaire, whether growing or not; the seed of the plant; any extract from any part of the plant; and every
3 compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seed, or extracts;
4 (bb) N-ethyl-3-piperidyl benzilate;
5 (cc) N-methyl-3-piperidyl benzilate;
6 (dd) psilocybin;
7 (ee) psilocyn, also known as psilocin;
8 (ff) tetrahydrocannabinols, neutral compounds, and their corresponding acids, including synthetic
9 equivalents of the substances contained in the plant or in the resinous extractives of cannabis, or synthetic
10 substances, derivatives, and their isomers with similar chemical structure and pharmacological activity, such as
11 those listed in subsections (4)(ff)(i) through (4)(ff)(iii). Because nomenclature of these substances is not
12 internationally standardized, compounds of these structures, regardless of numerical designation of atomic
13 positions covered, are included in the category as follows:
14 (i) delta 1 9 (delta 9 1) cis or trans tetrahydrocannabinol and its optical isomers;
15 (ii) delta 6 8 (delta 6) cis or trans tetrahydrocannabinol and its optical isomers; and
16 (iii) delta 6a, 10a, (delta 3,4) cis or trans tetrahydrocannabinol and its optical isomers;.
17 (gg) ethylamine analog of phencyclidine, also known as N-ethyl-1-phenylcyclohexylamine, (1-
18 phenylcyclohexyl)ethylamine, N-(1-phenylcyclohexyl)ethylamine, cyclohexamine, and PCE;
19 (hh) pyrrolidine analog of phencyclidine, also known as 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy,
20 and PHP;
21 (ii) thiophene analog of phencyclidine, also known as 1-[1-(2-thienyl)-cyclohexyl]-piperidine, 2-
22 thienyl analog of phencyclidine, TPCP, and TCP;
23 (jj) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine, also known as TCPy;
24 (kk) synthetic cannabinoids, including:
25 (i) unless specifically excepted or listed in another schedule, any chemical compound chemically
26 synthesized from or structurally similar to any material, compound, mixture, or preparation that contains any
27 quantity of a synthetic cannabinoid found in any of the following chemical groups, or any of those groups that
28 contain synthetic cannabinoid salts, isomers, or salts of isomers, whenever the existence of those salts,
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68th Legislature 2023 SB 67.1
1 isomers, or salts of isomers is possible within the specific chemical designation, including all synthetic
2 cannabinoid chemical analogs in the following groups:
3 (A) naphthoylindoles, whether or not substituted in the indole ring to any extent or the naphthyl ring
4 to any extent;
5 (B) naphthylmethylindoles, whether or not substituted in the indole ring to any extent or the
6 naphthyl ring to any extent;
7 (C) naphthoylpyrroles, whether or not substituted in the pyrrole ring to any extent or the naphthyl
8 ring to any extent;
9 (D) naphthylmethylindenes, whether or not substituted in the indene ring to any extent or the
10 naphthyl ring to any extent;
11 (E) acetylindoles, whether or not substituted in the indole ring to any extent or the acetyl group to
12 any extent;
13 (F) cyclohexylphenols, whether or not substituted in the cyclohexyl ring to any extent or the phenyl
14 ring to any extent;
15 (G) dibenzopyrans, whether or not substituted in the cyclohexyl ring to any extent or the phenyl ring
16 to any extent; and
17 (H) benzoylindoles, whether or not substituted in the indole ring to any extent or the phenyl ring to
18 any extent;
19 (ii) any compound that has been demonstrated to have agonist binding activity at one or more
20 cannabinoid receptors or is a chemical analog or isomer of a compound that has been demonstrated to have
21 agonist binding activity at one or more cannabinoid receptors;
22 (iii) 1-pentyl-3-(1-naphthoyl)indole (also known as JWH-018);
23 (iv) (6aR,10aR)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-
24 tetrahydrobenzo[c]chromen-1-ol (also known as HU-210 or 1,1-dimethylheptyl-11-hydroxy-delta8-
25 tetrahydrocannabinol);
26 (v) 2-(3-hydroxycyclohexyl)-5-(2-methyloctan-2-yl)phenol (also known as CP-47,497), and the
27 dimethylhexyl, dimethyloctyl, and dimethylnonyl homologues of CP-47,497;
28 (vi) 1-butyl-3-(1-naphthoyl)indole (also known as JWH-073);
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68th Legislature 2023 SB 67.1
1 (vii) 1-(2-(4-(morpholinyl)ethyl))-3-(1-naphthoyl) indole (also known as JWH-200);
2 (viii) 1-pentyl-3-(2-methoxyphenylacetyl)indole (also known as JWH-250);
3 (ix) 1-hexyl-3-(1-naphthoyl)indole (also known as JWH-019);
4 (x) 1-pentyl-3-(4-chloro-1-naphthoyl)indole (also known as JWH-398);
5 (xi) JWH-081: 1-pentyl-3-(4-methoxy-1-naphthoyl)indole, also known as 4-methoxynaphthalen-1-yl-
6 (1-pentylindol-3-yl)methanone;
7 (xii) the following substances, except where contained in cannabis or cannabis resin, nam