CR 24-048 Rule Text

— Flualprazolam

— Clonazolam

— Flubromazolam

— Diclazepam

The scheduling action was effective July 26, 2023.

Plain language analysis:

The objective of the proposed rule is to transfer Flualprazolam from schedule IV to schedule I and add Etizolam, Clonazolam, Flubromazolam, and Diclazepam to schedule I of Wis. Stat. ch. 961.

The Controlled Substances Board did not receive an objection to similarly listing the above 5 synthetic benzodiazepine substances 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 listing the above 5 synthetic benzodiazepine substances as schedule I controlled substances.

Pursuant to s. 961.11(4), Stats., the Controlled Substances Board by affirmative action similarly treated the above 5 synthetic benzodiazepine substances under chapter 961, Stats. by creating the following:

CSB 2.003 Transfer of Flualprazolam and Addition of 4 Other Synthetic Benzodiazepine Substances to Schedule I. (1) Section 961.20 (2) (ef), Stats. is repealed.

(2) Section 961.14 (5) (aa), (ab), (ac), (ad), and (ae) Stats., are created to read:

961.14 (5) (aa) Clonazolam (6-(2-chlorophenyl)-1-methyl-8-nitro-4H-benzo[f][1,2,4]triazolo[4,3-a][1,4]diazepine).

(ab) Diclazepam (7-chloro-5-(2-chlorophenyl)-1-methyl-1,3-dihydro-2H-benzo[e][1,4]diazepin-2-one).

(ac) Etizolam (4-(2-chlorophenyl)-2-ethyl-9-methyl-6H-thieno[3,2-f][1,2,4]triazolo[4,3-a][1,4]diazepine).

(ad) Flualprazolam (8-chloro-6-(2-fluorophenyl)-1-methyl-4H-benzo[f][1,2,4]triazolo[4,3-a][1,4]diazepine).

(ae) Flubromazolam.(8-bromo-6-(2-fluorophenyl)-1-methly-4H-benzo[f][1,2,4]triazolo[4,3-a][1,4]diazepine).

The Affirmative Action order, dated September 19, 2023, took effect on September 25, 2023, upon publication in the Administrative Register and expires upon promulgation of this 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 specifically included Clonazolam, Flualprazolam, and Etizolam as schedule I controlled substances [720 Illinois Compiled Statutes 570/204].

Iowa: Iowa has not included the five (5) synthetic benzodiazepine substances listed in this rule as schedule I controlled substances [Iowa Code 124.204].

Michigan: Michigan has not included the five (5) synthetic benzodiazepine substances listed in this rule as schedule I controlled substances [Michigan Compiled Laws s. 333.7212].

Minnesota: Minnesota has specifically included Clonazolam, Etizolam, and Flubromazolam as schedule I controlled substances [Minnesota Statutes 152.02 (2)].

Summary of factual data and analytical methodologies:

The methodology was to transfer Flualprazolam and add four other synthetic benzodiazepine substances to Schedule I 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 proposed rule was posted for a period of 14 days to solicit public comment on economic impact, including how the proposed rules may affect businesses, local government units, and individuals. No comments were received.

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].

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

Comments may be submitted to Nilajah Hardin, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, Madison, WI 53708-8366, or by email to [e-mail]. Comments must be received by July 12, 2024 to be included in the record of rulemaking proceedings.

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TEXT OF RULE

Section 1. CSB 2.003 is created to read:

CSB 2.003 Transfer of Flualprazolam and Addition of 4 Other Synthetic Benzodiazepine Substances to Schedule I. (1) Section 961.20 (2) (ef), Stats. is repealed.

(2) Section 961.14 (5) (aa), (ab), (ac), (ad), and (ae) Stats., are created to read:

961.14 (5) (aa) Clonazolam (6-(2-chlorophenyl)-1-methyl-8-nitro-4H-benzo[f][1,2,4]triazolo[4,3-a][1,4]diazepine).

(ab) Diclazepam (7-chloro-5-(2-chlorophenyl)-1-methyl-1,3-dihydro-2H-benzo[e][1,4]diazepin-2-one).

(ac) Etizolam (4-(2-chlorophenyl)-2-ethyl-9-methyl-6H-thieno[3,2-f][1,2,4]triazolo[4,3-a][1,4]diazepine).

(ad) Flualprazolam (8-chloro-6-(2-fluorophenyl)-1-methyl-4H-benzo[f][1,2,4]triazolo[4,3-a][1,4]diazepine).

(ae) Flubromazolam.(8-bromo-6-(2-fluorophenyl)-1-methly-4H-benzo[f][1,2,4]triazolo[4,3-a][1,4]diazepine).

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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