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STATE OF WISCONSIN
CONTROLLED SUBSTANCES BOARD
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IN THE MATTER OF RULE-MAKING   :   AFFIRMATIVE ACTION
PROCEEDINGS BEFORE THE     :   ORDER OF THE
CONTROLLED SUBSTANCES BOARD   :   CONTROLLED SUBSTANCES BOARD
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FINDINGS
1. On January 30, 2015, the Department of Justice, Drug Enforcement Administration published its final rule in the Federal Register placing AB-CHMINACA, AB-PINACA and THJ-2201 into schedule I of the federal Controlled Substances Act. The scheduling action is effective January 30, 2015.
2. The Controlled Substances Board did not receive an objection to similarly treating AB-CHMINACA, AB-PINACA and THJ-2201 as schedule I controlled substances under ch. 961, Stats. within 30 days of the date of publication in the federal register of the final order designating AB-CHMINACA, AB-PINACA and THJ-2201 as schedule I controlled substances.
3. The Controlled Substances Board will promulgate a final rule, without making the determinations or findings required by ss. 961.11(1), (1m), (1r) and (2) or s. 961.19 and omitting the notice of proposed rule-making, designating AB-CHMINACA, AB-PINACA and THJ-2201 as schedule I controlled substances.
ORDER
Pursuant to s. 961.11(4), Stats., the Controlled Substances Board by affirmative action similarly treats AB-CHMINACA, AB-PINACA and THJ-2201 under chapter 961, Stats. by creating the following:
CSB 2.50 Addition of AB-CHMINACA, AB-PINACA and THJ-2201 to schedule I. Sections 961.14(4)(tb)34., 35. and 36., Stats., are created to read:
961.14(4)(tb)34. N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide, commonly known as AB-CHMINACA.
35. N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide, commonly known as AB-PINACA.
36. [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl)methanone, commonly known as THJ-2201.
This order shall take effect on March 27, 2017 to allow for publication in the Administrative Register. The order expires upon promulgation of a final rule.
Dated March 23, 2017      
              Doug Englebert, Chair
              Controlled Substances Board
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