CR 20-022 Rule Text

This rule schedules MMB-FUBICA and 4F-MDMB-BINACA as Schedule I controlled substances.

Summary of, and comparison with, existing or proposed federal regulation:

MMB-FUBICA and 4F-MDMB-BINACA are not currently scheduled under the Controlled Substances Act.

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 not scheduled MMB-FUBICA and 4F-MDMB-BINACA as controlled substances.

Iowa: Iowa has not scheduled MMB-FUBICA and 4F-MDMB-BINACA as controlled substances.

Michigan: Michigan has not scheduled MMB-FUBICA and 4F-MDMB-BINACA as controlled substances.

Minnesota: Minnesota has not scheduled MMB-FUBICA and 4F-MDMB-BINACA as controlled substances.

Summary of factual data and analytical methodologies:

Based upon the Green County District Attorney’s request for emergency scheduling and the finding of an imminent hazard to the public safety, the Controlled Substances Board decided to schedule MMB-FUBICA and 4F-MDMB-BINACA. In making the findings of imminent hazard to the public safety, the Controlled Substances Board considered the following factors: the history and current pattern of abuse; the scope, duration and significance of abuse; and the risk to the public health.

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

The rule schedules two synthetic drugs as Schedule I 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:

Jon Derenne, 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].

Place where comments are to be submitted and deadline for submission:

The public hearing on this rule was held on August 18, 2020. No comments were received.

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TEXT OF RULE

Section 1. CSB 2.70 is created to read:

CSB 2.70 Scheduling 4F-MDMB-BINACA and MMB-FUBICA. Section 961.14 (4) (tb) 38m. and 43m., Stats., are created to read:

961.14 (4) (tb) 38m. Methyl 2-(1-(4-fluorobutyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate, commonly known as 4F-MDMB-BINACA or 4F-MDMB-BUTINACA.

43m. Methyl 2-(1-(4-fluorobenzyl)-1H-indole-3-carboxamido)-3-methylbutanoate, commonly known as MMB-FUBICA or AMB-FUBICA.

Section 2. EFFECTIVE DATE. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats.

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(END OF TEXT OF RULE)

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Dated: ___________ ______________________________

Chair

Controlled Substances Board