STATE OF WISCONSIN
CONTROLLED SUBSTANCES BOARD
---------------------------------------------------------------------------------------------------------------------
IN THE MATTER OF RULE-MAKING : ORDER OF THE
PROCEEDINGS BEFORE THE : CONTROLLED SUBSTANCES BOARD
CONTROLLED SUBSTANCES BOARD : ADOPTING EMERGENCY RULES
---------------------------------------------------------------------------------------------------------------------
ORDER
An order of the Controlled Substances Board to create CSB 2.77 relating to scheduling flualprazolam.
Analysis prepared by the Department of Safety and Professional Services.
---------------------------------------------------------------------------------------------------------------------
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 Controlled Substances Board has received information from the Milwaukee Medical Examiner’s Office, Dane County Medical Examiner’s Office, Jefferson County Sheriff’s Department, Monona Police Department, Jackson Police Department and Jefferson Police Department indicating recent overdose cases, including deaths, that have involved flualprazolam. In at least one of the deaths, the only substance was flualprazolam.
Flualprazolam is an analog of alprazolam (a schedule IV controlled substance), differing in chemical composition by the presence of a fluorine atom.
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.
---------------------------------------------------------------------------------------------------------------------
ANALYSIS
Statutes interpreted: s. 961.20, 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.] In making a determination regarding a substance, the board shall consider the following:
(a) The actual or relative potential for abuse.
(b) The scientific evidence of its pharmacological effect, if known.
(c) The state of current scientific knowledge regarding the substance.
(d) The history and current pattern of abuse.
(e) The scope, duration and significance of abuse.
(f) The risk to the public health.
(g) The potential of the substance to produce psychological or physical dependence liability.
(h) Whether the substance is an immediate precursor of a substance already controlled under this chapter.
The controlled substances board may consider findings of the federal food and drug administration or the drug enforcement administration as prima facie evidence relating to one or more of the determinative factors.
After considering the factors, the controlled substances board shall make findings with respect to them and promulgate a rule controlling the substance upon finding that the substance has a potential for abuse. [s. 961.11 (1m), (1r), and (2), Stats.] The controlled substances board may add a substance to schedule IV without making the finding required under sub. (1m) if the substance is controlled under schedule IV of 21 USC 812 (c) by a federal agency as the result of an international treaty, convention or protocol. [s. 961.19 (2m), Stats.] Related statute or rule: s. 961.20, Stats. Plain language analysis:
This rule schedules flualprazolam as Schedule IV controlled substances.
Summary of, and comparison with, existing or proposed federal regulation:
Flualprazolam is 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
