STATE OF WISCONSIN
CONTROLLED SUBSTANCES BOARD
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IN THE MATTER OF RULEMAKING : ORDER OF THE CONTROLLED
PROCEEDINGS BEFORE THE : SUBSTANCES BOARD
CONTROLLED SUBSTANCES BOARD : ADOPTING RULES
: (CLEARINGHOUSE RULE 20-079)
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ORDER
An order of the Controlled Substances Board to create CSB 2.77 relating to scheduling of flualprazolam.
Analysis prepared by the Department of Safety and Professional Services.
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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 a Schedule IV controlled substance.
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
Comparison with rules in adjacent states:
Illinois: Illinois has not scheduled flualprazolam as a controlled substance.
Iowa: Iowa has not scheduled flualprazolam as a controlled substance.
Michigan: Michigan has not scheduled flualprazolam as a controlled substance.
Minnesota: Minnesota has not scheduled flualprazolam as a controlled substance.
