CR 23-018 Rule Text

Plain language analysis:

This rule adds thirty-five (35) anabolic steroids not previously scheduled in Wisconsin to schedule III under ch. 961, Stats.

The Controlled Substances Board did not receive an objection to similarly treating these thirty-five (35) anabolic steroids as schedule III under ch. 961, Stats. within 30 days of the date of publication in the federal register of the final order designating these thirty-five (35) anabolic steroids as controlled substances.

Therefore, pursuant to s. 961.11(4), Stats., the Controlled Substances Board by Affirmative Action similarly treated thirty-five (35) anabolic steroids under chapter 961, Stats and is now following up with a final rule.

The Affirmative Action order, dated July 20, 2022, took effect on July 25, 2022, when it was published in the Administrative Register and expires upon promulgation of a final rule.

Summary of public comments received on statement of scope and a description of how and to what extent those comments and feedback were taken into account in drafting the proposed rule: N/A

Comparison with rules in adjacent states:

Illinois: Illinois has included the thirty-five (35) anabolic steroids added in this rule as schedule III controlled substances [720 Illinois Compiled Statutes 570/102 (c-1) and 208 (f)].

Iowa: Iowa has included the thirty-five (35) anabolic steroids added in this rule as schedule III controlled substances [Iowa Code 124.208 (6)].

Michigan: Michigan has not included the thirty-five (35) anabolic steroids added in this rule as schedule III controlled substances [Michigan Compiled Laws s. 333.7201-7231].

Minnesota: Minnesota has included the thirty-five (35) anabolic steroids added in this rule as schedule III controlled substances [Minnesota Statutes 152.02 (4) (f) (1)].

Summary of factual data and analytical methodologies:

The methodology was to add thirty-five (35) anabolic steroids to schedule III of ch. 961, Stats. to conform with the federal Controlled Substances Act.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:

The rule adds thirty-five (35) anabolic steroids as Schedule III controlled substances which will not have any effect on small business.

Fiscal Estimate and Economic Impact Analysis:

The Fiscal Estimate and Economic Impact Analysis is attached.

Effect on small business:

These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at [e-mail], or by calling [phone].

Agency contact person:

Nilajah Hardin, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail].

TEXT OF RULE

Section 1. CSB 2.92 is created to read:

CSB 2.92 Addition of thirty-five (35) Anabolic Steroids to schedule III. Section 961.18 (7), Stats., is repealed and recreated to read:

961.18 (7) ANABOLIC STEROIDS. Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation containing any quantity of any of the following anabolic steroids, including any of their esters, ethers, isomers, esters or ethers of isomers, salts and salts of esters or ethers, isomers and esters or ethers of isomers that are theoretically possible within the specific chemical designation. Except such terms do not include an anabolic steroid that is expressly intended for administration through implants to cattle or other nonhuman species and that has been approved by the Secretary of Health and Human Services for such administration. If any person prescribes, dispenses, or distributes such steroid for human use, the person shall be considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of this section:

(a) 3beta,17-dihydroxy-5alpha-androstane.

(ag) 3alpha,17beta-dihydroxy-5alpha-androstane.

(ar) 5alpha-androstan-3,17-dione.

(b) 1-androstenediol (3beta,17beta-dihydroxy-5alpha-androst-1-ene; 3alpha,17beta-dihydroxy-5alpha-androst-1-ene).

(bg) 4-androstenediol.

(br) 5-androstenediol.

(c) 1-androstenedione.

(cg) 4-androstenedione.

(cr) 5-androstenedione.

(d) Bolasterone.

(dg) Boldenone.

(dr) Boldione.

(e) Calusterone.

(eg) 4-chlorotestosterone, which is also called clostebol.

(er) Dehydrochloromethyltestosterone.

(f) Desoxymethyltestosterone.

(fg) delta1-dihydrotestosterone.

(fr) 4-dihydrotestosterone, which is also called stanolone.

(g) Drostanolone.

(gg) Ethylestrenol.

(gr) Fluoxymesterone.

(h) Formebulone, which is also called fromebolone.

(hg) Furazabol.

(hr) 13beta-ethyl-17beta-hydroxygon-4-en-3-one.

(i) 4-hydroxytestosterone.

(ig) 4-hydroxy-19-nortestosterone.

(ir) Mestanolone.

(j) Mesterolone.

(jg) Methandienone, which is also called methandrostenolone.

(jr) Methandriol.

(k) Methasterone.

(kg) Methenolone.

(kr) 17alpha-methyl-3beta, 17beta-dihydroxy-5alpha-androstane.

(L) 17alpha-methyl-3alpha,17beta-dihydroxy-5alpha-androstane.

(Lg) 17alpha-methyl-3beta,17beta-dihydroxyandrost-4-ene.

(Lr) 17alpha-methyl-4-hydroxynandrolone.

(m) Methyldienolone.

(mg) Methyltrienolone.

(mr) Methyltestosterone.

(n) Mibolerone.

(ng) 17alpha-methyl-delta1-dihydrotestosterone, which is also called 17-alpha-methyl-1-testosterone.

(nr) Nandrolone.

(o) 19-nor-4-androstenediol (3beta, 17beta-dihydroxyestr-4-ene; 3alpha, 17beta-dihydroxyestr-4-ene).

(og) 19-nor-5-androstenediol (3beta, 17beta-dihydroxyestr-5-ene; 3alpha, 17beta-dihydroxyestr-5-ene).

(or) 19-nor-4,9(10)-androstadienedione.

(p) 19-nor-4-androstenedione (estr-4-en-3,17-dione).