218A.020 Cabinet for Health and Family Services to administer chapter --
437 words·~2 min read·
/ky/218a-020A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Control of substances rescheduled under federal law -- Office of Drug
Control Policy may request scheduling of substances meeting criteria.
(1)The Cabinet for Health and Family Services shall administer this chapter and
may by administrative regulation add substances to or delete or reschedule all
substances enumerated in the schedules authorized under this chapter. In
making a determination regarding a substance, the Cabinet for Health and
Family Services may 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 psychic or physiological
dependence liability; and
(h)Whether the substance is an immediate precursor of a substance already
controlled under this chapter.
(2)After considering the factors enumerated in subsection
(1)of this section, the
Cabinet for Health and Family Services may adopt a regulation controlling the
substance if it finds the substance has a potential for abuse.
(a)If any substance is designated or rescheduled as a controlled substance
under the federal Controlled Substances Act, the drug shall be considered
to be controlled at the state level in the same numerical schedule
corresponding to the federal schedule.
(b)Notwithstanding paragraph
(a)of this subsection, the Cabinet for Health
and Family Services may file an amendment to the administrative
regulations promulgated pursuant to this section to control the substance
in a more restrictive numerical schedule than the federal schedule as
permitted by subsection
(1)of this section.
(4)The Cabinet for Health and Family Services shall exclude any nonnarcotic
substance from a schedule if the substance may be lawfully sold over the
counter without prescription under the provisions of the Federal Food, Drug
and Cosmetic Act, or the Federal Comprehensive Drug Abuse Prevention and
Control Act of 1970, or the Kentucky Revised Statutes (for the purposes of this
section the Kentucky Revised Statutes shall not include any regulations issued
thereunder).
(5)The Office of Drug Control Policy may request that the Cabinet for Health and
Family Services schedule any substance that would meet the criteria to be
scheduled pursuant to this chapter. The cabinet shall consider the request
utilizing the criteria established by this section and shall issue a written
response within sixty
(60)days of the scheduling request delineating the
cabinet's decision to schedule or not schedule the substance and the basis for
the cabinet's decision. The cabinet's response shall be provided to the