19.8043.01000
Sixty-sixth
Legislative Assembly HOUSE BILL NO. 1113
of North Dakota
Introduced by
Judiciary Committee
(At the request of the State Board of Pharmacy)
1 A BILL for an Act to amend and reenact subsection 18 of section 19-03.1-01, section
2 19-03.1-05, subsection 7 of section 19-03.1-07, subsection 4 of section 19-03.1-09,
3 subsection 7 of section 19-03.1-11, and subsection 5 of section 19-03.1-13 of the North Dakota
4 Century Code, relating to the definition of marijuana and the scheduling of controlled
5 substances; and to declare an emergency.
6 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
7 SECTION 1. AMENDMENT. Subsection 18 of section 19-03.1-01 of the North Dakota
8 Century Code is amended and reenacted as follows:
9 18. "Marijuana" means all parts of the plant cannabis sativa L., whether growing or not;
10 the seeds thereof; the resinous product of the combustionresin extracted from any part
11 of the plant cannabis; and every compound, manufacture, salt, derivative, mixture, or
12 preparation of the plant or, its seeds, or resin. The term does not include the mature
13 stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of
14 the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of
15 mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized
16 seed of the plant which is incapable of germination.
17 SECTION 2. AMENDMENT. Section 19-03.1-05 of the North Dakota Century Code is
18 amended and reenacted as follows:
19 19-03.1-05. Schedule I.
20 1. The controlled substances listed in this section are included in schedule I.
21 2. Schedule I consists of the drugs and other substances, by whatever official name,
22 common or usual name, chemical name, or brand name designated, listed in this
23 section.
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1 3. Opiates. Unless specifically excepted or unless listed in another schedule, any of the
2 following opiates, including their isomers, esters, ethers, salts, and salts of isomers,
3 esters, and ethers, whenever the existence of those isomers, esters, ethers, and salts
4 is possible within the specific chemical designation:
5 a. Acetylmethadol.
6 b. Allylprodine.
7 c. Alphacetylmethadol.
8 d. Alphameprodine.
9 e. Alphamethadol.
10 f. Benzethidine.
11 g. Betacetylmethadol.
12 h. Betameprodine.
13 i. Betamethadol.
14 j. Betaprodine.
15 k. Clonitazene.
16 l. Dextromoramide.
17 m. Diampromide.
18 n. Diethylthiambutene.
19 o. Difenoxin.
20 p. Dimenoxadol.
21 q. Dimepheptanol.
22 r. Dimethylthiambutene.
23 s. Dioxaphetyl butyrate.
24 t. Dipipanone.
25 u. Ethylmethylthiambutene.
26 v. Etonitazene.
27 w. Etoxeridine.
28 x. Furethidine.
29 y. Hydroxypethidine.
30 z. Ketobemidone.
31 aa. Levomoramide.
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1 bb. Levophenacylmorphan.
2 cc. Morpheridine.
3 dd. MPPP (also known as 1-methyl-4-phenyl-4-propionoxypiperidine).
4 ee. Noracymethadol.
5 ff. Norlevorphanol.
6 gg. Normethadone.
7 hh. Norpipanone.
8 ii. PEPAP (1-(2-Phenylethyl)-4-Phenyl-4-acetoxypiperidine).
9 jj. Phenadoxone.
10 kk. Phenampromide.
11 ll. Phenomorphan.
12 mm. Phenoperidine.
13 nn. Piritramide.
14 oo. Proheptazine.
15 pp. Properidine.
16 qq. Propiram.
17 rr. Racemoramide.
18 ss. Tilidine.
19 tt. Trimeperidine.
20 uu. 3,4-dichloro-N-[2-(dimethylamino)cyclbhexylcyclohexyl]-N-methylbenzamide
21 (also known as U-47700).
22 vv. 1-cyclohexyl-4-(1,2-diphenylethyl)piperazine (also know as MT-45).
23 ww. 3,4-dichloro-N-{[1-(dimethylamino)cyclohexyl]methyl}benzamide (also known as
24 AH-7921).
25 xx. Fentanyl derivatives. Unless specifically excepted or unless listed in another
26 schedule or are not FDA approved drugs, and are derived from N-(1-(2-
27 Phenylethyl)-4-piperidinyl)-N-phenylpropanamide (Fentanyl) by any substitution
28 on or replacement of the phenethyl group, any substitution on the piperidine ring,
29 any substitution on or replacement of the propanamide group, any substitution on
30 the anilido phenyl group, or any combination of the above. Examples include:
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1 (1) N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide (also known
2 as Acetyl-alpha-methylfentanyl).
3 (2) N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl]propionanilide; 1-(1-methyl-
4 2-phenylethyl)-4-(N-propanilido)piperidine (also known as Alpha-
5 methylfentanyl).
6 (3) N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide (also
7 known as Alpha-methylthiofentanyl).
8 (4) N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide (also
9 known as Beta-hydroxyfentanyl).
10 (5) N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide
11 (also known as Beta-hydroxy-3-methylfentanyl).
12 (6) N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide (also
13 known as 3-Methylfentanyl).
14 (7) N-[3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide (also
15 known as 3-Methylthiofentanyl).
16 (8) N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]propanamide (also
17 known as Para-fluorofentanyl).
18 (9) N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]propanamide (also known as
19 Thiofentanyl).
20 (10) N-(1-phenylethylpiperidin-4-yl)-N-phenylfuran-2-carboxamide (also known
21 as Furanyl Fentanyl).
22 (11) N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide; N-(1-phenethylpiperidin-
23 4-yl)-N-phenylbutanamide (also known as Butyryl Fentanyl).
24 (12) N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl]piperidin-4-yl]-N-phenylpropionamide;
25 N-[1-[2-hydroxy-2-(2-thienyl)ethyl]-4-piperidinyl]-N-phenylpropanamide (also
26 known as Beta-Hydroxythiofentanyl).
27 (13) N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (also known as Acetyl
28 Fentanyl).
29 (14) N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]prop-2-enamideN-(1-phenethylpi
30 peridin-4-yl)-N-phenylacrylamide (also known as AcrylfentanylAcryl
31 Fentanyl).
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1 (15) N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-pentanamideN-(1-phenethylpip
2 eridin-4-yl)-N-phenylpentanamide (also known as Valeryl Fentanyl).
3 (16) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (also known
4 as 4-Fluoroisobutyryl Fentanyl).
5 (17) N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide (also known
6 as Ortho-fluorofentanyl, 2-Fluorofentanyl).
7 (18) N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide (also
8 known as Tetrahydrofuranyl Fentanyl).
9 (19) 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (also known as
10 Methoxyacetyl Fentanyl).
11 (20) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide (also
12 known as Cyclopropyl Fentanyl).
13 (21) N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)acetamide (also
14 known as Ocfentanil).
15 (22) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide (also
16 known as Cyclopentyl Fentanyl).
17 (23) N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (also known as
18 Isobutyryl Fentanyl).
19 (24) N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (also known
20 as Para-chloroisobutyryl Fentanyl).
21 (25) N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide (also known
22 as Para-methoxybutyryl Fentanyl).
23 (26) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide (also known as
24 Para-fluorobutyryl Fentanyl).
25 4. Opium derivatives. Unless specifically excepted or unless listed in another schedule,
26 any of the following opium derivatives, its salts, isomers, and salts of isomers
27 whenever the existence of such salts, isomers, and salts of isomers is possible within
28 the specific chemical designation:
29 a. Acetorphine.
30 b. Acetyldihydrocodeine.
31 c. Benzylmorphine.
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1 d. Codeine methylbromide.
2 e. Codeine-N-Oxide.
3 f. Cyprenorphine.
4 g. Desomorphine.
5 h. Dihydromorphine.
6 i. Drotebanol.
7 j. Etorphine (except hydrochloride salt).
8 k. Heroin.
9 l. Hydromorphinol.
10 m. Methyldesorphine.
11 n. Methyldihydromorphine.
12 o. Morphine methylbromide.
13 p. Morphine methylsulfonate.
14 q. Morphine-N-Oxide.
15 r. Myrophine.
16 s. Nicocodeine.
17 t. Nicomorphine.
18 u. Normorphine.
19 v. Pholcodine.
20 w. Thebacon.
21 5. Hallucinogenic substances. Unless specifically excepted or unless listed in another
22 schedule, any material, compound, mixture, or preparation containing any quantity of
23 the following hallucinogenic substances, including their salts, isomers, and salts of
24 isomers whenever the existence of those salts, isomers, and salts of isomers is
25 possible within the specific chemical designation (for purposes of this subsection only,
26 the term "isomer" includes the optical, position, and geometric isomers):
27 a. Alpha-ethyltryptamine, its optical isomers, salts, and salts of isomers (also known
28 as etryptamine; a-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole).
29 b. Alpha-methyltryptamine.
30 c. 4-methoxyamphetamine (also known as 4-methoxy-a-methylphenethylamine;
31 paramethoxyamphetamine; PMA).
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1 d. N-hydroxy-3,4-methylenedioxyamphetamine (also known as N-hydroxy-alpha-
2 methyl-3,4(methylenedioxy)phenylamine, and N-hydroxy MDA.
3 e. Hashish.
4 f. Ibogaine (also known as 7-Ethyl-6, 6B, 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-
5 6, 9-methano-5 H-pyrido [1', 2':1,2] azepino (5,4-b) indole; Tabernanthe iboga).
6 g. Lysergic acid diethylamide.
7 h. Marijuana.
8 i. Parahexyl (also known as 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro- 6,6,9-trimethyl-
9 6H-dibenzol[b,d]pyran; Synhexyl).
10 j. Peyote (all parts of the plant presently classified botanically as Lophophora
11 williamsii Lemaire, whether growing or not, the seeds thereof, any extract from
12 any part of such plant, and every compound, manufacture, salts, derivative,
13 mixture, or preparation of such plant, its seeds, or its extracts).
14 k. N-ethyl-3-piperidyl benzilate.
15 l. N-methyl-3-piperidyl benzilate.
16 m. Psilocybin.
17 n. Tetrahydrocannabinols, meaning tetrahydrocannabinols naturally contained in a
18 plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of
19 the substances contained in the cannabis plant, or in the resinous extractives of
20 such plant, including synthetic substances, derivatives, and their isomers with
21 similar chemical structure and pharmacological activity to those substances
22 contained in the plant, such as the following:
23 (1) Delta-1 cis or trans tetrahydrocannabinol, and their optical isomers. Other
24 names: Delta-9-tetrahydrocannabinol.
25 (2) Delta-6 cis or trans tetrahydrocannabinol, and their optical isomers.
26 (3) Delta-3,4 cis or trans tetrahydrocannabinol, and its optical isomers.
27 (Since nomenclature of these substances is not internationally standardized,
28 compounds of these structures, regardless of numerical designation of atomic
29 positions covered.)
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1 o. Cannabinoids, synthetic. It includes the chemicals and chemical groups listed
2 below, including their homologues, salts, isomers, and salts of isomers. The term
3 "isomer" includes the optical, position, and geometric isomers.
4 (1) Indole carboxaldehydes. Any compound structurally derived from 1H-indole-
5 3-carboxaldehyde or 1H-2-carboxaldehyde substituted in both of the
6 following ways: at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
7 cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-
8 piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl,
9 1-(N-methyl-3- morpholinyl)methyl, tetrahydropyranylmethyl, benzyl, or halo
10 benzyl group; and, at the hydrogen of the carboxaldehyde by a phenyl,
11 benzyl, cumyl, naphthyl, adamantyl, cyclopropyl, pyrrolidinyl, piperazinyl, or
12 propionaldehyde group whether or not the compound is further modified to
13 any extent in the following ways:
14 (a) Substitution to the indole ring to any extent; or
15 (b) Substitution to the phenyl, benzyl, cumyl, naphthyl, adamantyl,
16 cyclopropyl, pyrrolidinyl, piperazinyl, or propionaldehyde group to any
17 extent; or
18 (c) A nitrogen heterocyclic analog of the indole ring; or
19 (d) A nitrogen heterocyclic analog of the phenyl, benzyl, naphthyl,
20 adamantyl, or cyclopropyl ring.
21 (e) Examples include:
22 [1] 1-Pentyl-3-(1-naphthoyl)indole - Other names: JWH-018 and
23 AM-678.
24 [2] 1-Butyl-3-(1-naphthoyl)indole - Other names: JWH-073.
25 [3] 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole - Other names:
26 JWH-081.
27 [4] 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole - Other names:
28 JWH-200.
29 [5] 1-Propyl-2-methyl-3-(1-naphthoyl)indole - Other names:
30 JWH-015.
31 [6] 1-Hexyl-3-(1-naphthoyl)indole - Other names: JWH-019.
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1 [7] 1-Pentyl-3-(4-methyl-1-naphthoyl)indole - Other names:
2 JWH-122.
3 [8] 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole - Other names: JWH-210.
4 [9] 1-Pentyl-3-(4-chloro-1-naphthoyl)indole - Other names:
5 JWH-398.
6 [10] 1-(5-fluoropentyl)-3-(1-naphthoyl)indole - Other names:
7 AM-2201.
8 [11] 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole - Other
9 names: RCS-8.
10 [12] 1-Pentyl-3-(2-methoxyphenylacetyl)indole - Other names:
11 JWH-250.
12