STATE OF WISCONSIN
CONTROLLED SUBSTANCES BOARD
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IN THE MATTER OF RULE-MAKING : ORDER OF THE
PROCEEDINGS BEFORE THE : CONTROLLED SUBSTANCES BOARD
CONTROLLED SUBSTANCES BOARD : ADOPTING EMERGENCY RULES
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ORDER
An order of the Controlled Substances Board to create CSB 2.70 relating to scheduling MMB-FUBICA and 4F-MDMB-BINACA.
Analysis prepared by the Department of Safety and Professional Services.
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FINDING OF EMERGENCY
The Controlled Substances Board finds that an emergency exists and that this rule is necessary for the immediate preservation of the public peace, health, safety, or welfare.
The Green County District Attorney’s office has provided the Controlled Substances Board with information relevant to emergency scheduling and the commencement of a prosecution concerning controlled substance analogs pursuant to s. 961.25, Stats. MMB-FUBICA and 4F-MDMB-BINACA are pharmacologically similar to Schedule I substance THC. By sharing pharmacological similarities with the Schedule I substance, synthetic cannabinoids pose a risk both to the individual user and other affected individuals. The Controlled Substances Board finds that scheduling MMB-FUBICA and 4F-MDMB-BINACA on an emergency basis is necessary to avoid an imminent hazard to the public safety. These substances are not included in any other schedule and no exemption or approval is in effect for the substances under 21 USC 355. The Controlled Substances Board considered the following factors in making the finding of an imminent hazard to the public safety: the history and current pattern of abuse; the scope, duration and significance of abuse; and the risk to the public health.
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ANALYSIS
Statutes interpreted: s. 961.14, Stats. Explanation of agency authority:
The controlled substances board shall administer this subchapter and may add substances to or delete or reschedule all substances listed in the schedules in ss. 961.14, 961.16, 961.18, 961.20 and 961.22 pursuant to the rule-making procedures of ch. 227. (s. 961.11(1), Stats.) The controlled substances board, by rule and without regard to the requirements of sub. (1m), may schedule a controlled substance analog as a substance in schedule I regardless of whether the substance is substantially similar to a controlled substance in schedule I or II, if the board finds that scheduling of the substance on an emergency basis is necessary to avoid an imminent hazard to the public safety and the substance is not included in any other schedule or no exemption or approval is in effect for the substance under 21 USC 355. Upon receipt of notice under s. 961.25, the board shall initiate scheduling of the controlled substance analog on an emergency basis under this subsection. The scheduling of a controlled substance analog under this subsection expires one year after the adoption of the scheduling rule. With respect to the finding of an imminent hazard to the public safety, the board shall consider whether the substance has been scheduled on a temporary basis under federal law or factors under sub. (1m) (d), (e) and (f), and may also consider clandestine importation, manufacture or distribution, and, if available, information concerning the other factors under sub. (1m). The board may not promulgate a rule under this subsection until it initiates a rule−making proceeding under subs. (1), (1m), (1r) and (2) with respect to the controlled substance analog. A rule promulgated under this subsection lapses upon the conclusion of the rule−making proceeding initiated under subs. (1), (1m), (1r) and (2) with respect to the substance. (s. 961.11 (4m), Stats.) Related statute or rule: s. 961.14, Stats. Plain language analysis:
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:
