STATE OF WISCONSIN
Controlled Substances Board
IN THE MATTER OF RULE-MAKING PROCEEDINGS BEFORE THE
CONTROLLED SUBSTANCES BOARD
ORDER OF THE CONTROLLED SUBSTANCES BOARD
ADOPTING RULES
(CLEARINGHOUSE 17-075)
ORDER
An order of the Controlled Substances Board to create s. CSB 2.57 relating to scheduling cyclopropyl fentanyl. Analysis prepared by the Department of Safety and Professional Services.
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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 cyclopropyl fentanyl as a Schedule I controlled substance.
Emr 1716 schedules cyclopropyl fentanyl as a Schedule I controlled substance by creating s. 961.14 (2) (fe), Stats. Act 60 renumbered s. 961.14 (2) (fe) to 961.14 (2) (nd) 10d., Stats.
Summary of, and comparison with, existing or proposed federal regulation:
Cyclopropyl fentanyl is not currently scheduled under the Controlled Substances Act. On November 21, 2017, the DEA published a notice of intent to schedule cyclopropyl fentanyl as a schedule I.
Comparison with rules in adjacent states:
Illinois: A review of the Illinois Controlled Substances Act does not indicate the scheduling of cyclopropyl fentanyl.
Iowa: A review of the Iowa Controlled Substances Act does not indicate the scheduling of cyclopropyl fentanyl.
Michigan: A review of the Michigan Controlled Substances Act does not indicate the scheduling of cyclopropyl fentanyl.
Minnesota: A review of the Minnesota Controlled Substances Act does not indicate the scheduling of cyclopropyl fentanyl.
Summary of factual data and analytical methodologies:
Based upon the Milwaukee Medical Examiner’s request for emergency scheduling and the finding of an imminent hazard to the public safety, the Controlled Substances Board decided to schedule cyclopropyl fentanyl. In making the finding of imminent hazard to the public safety, the 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.
