REPORT TITLE:
Controlled Substances


DESCRIPTION:
Clarifies the director of public safety's subpoena powers.
Amends controlled substance list.  (SD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO CONTROLLED SUBSTANCES.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 329-16, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (c) to read as follows:
 
 3      "(c)  Any of the following opiates, including their isomers,
 
 4 esters, ethers, salts, and salts of isomers, whenever the
 
 5 existence of these isomers, esters, ethers, and salts is possible
 
 6 within the specific chemical designation:
 
 7      (1)  Alfentanil;
 
 8      (2)  Alphaprodine;
 
 9      (3)  Anileridine;
 
10      (4)  Bezitramide;
 
11      (5)  Bulk Dextropropoxyphene (nondosage form);
 
12      (6)  Carfentanil;
 
13      (7)  Dihydrocodeine;
 
14      (8)  Diphenoxylate;
 
15      (9)  Fentanyl;
 
16     (10)  Glutethimide;
 
17     (11)  Isomethadone;
 
18     (12)  Levo-alphacetylmethadol (LAAM);
 
19     (13)  Levomethorphan;
 

 
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 1     (14)  Levorphanol;
 
 2     (15)  Metazocine;
 
 3     (16)  Methadone;
 
 4     (17)  Methadone-Intermediate, 4-cyano-2-dimethylamino-4,
 
 5           4-diphenyl butane;
 
 6     (18)  Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-
 
 7           diphenyl-propane-carboxylic acid;
 
 8     (19)  Oxycodone;
 
 9    [(19)] (20)  Pethidine;
 
10    [(20)] (21)  Pethidine-Intermediate-A, 4-cyano-1-methyl-
 
11           4-phenylpiperidine;
 
12    [(21)] (22)  Pethidine-Intermediate-B, ethyl-4-
 
13           phenylpiperidine-4-carboxylate;
 
14    [(22)] (23)  Pethidine-Intermediate-C, 1-methyl-4
 
15           phenylpiperidine-4-carboxylic acid;
 
16    [(23)] (24)  Phenazocine;
 
17    [(24)] (25)  Piminodine;
 
18    [(25)] (26)  Racemethorphan;
 
19    [(26)] (27)  Racemorphan;
 
20    [(27)] (28)  Sufentanil."
 
21      SECTION 2.  Section 329-16, Hawaii Revised Statutes, is
 
22 amended by amending subsection (g) to read as follows:
 

 
 
 
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 1      "(g)  Hallucinogenic substances, including but not limited
 
 2 to:
 
 3     [(1)  Dronabinol (synthetic), in sesame oil and encapsulated
 
 4           in a soft gelatin capsule in a United States Food and
 
 5           Drug Administration approved drug product; and
 
 6      (2)] (1)  Nabilone."
 
 7      SECTION 3.  Section 329-18, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "§329-18  Schedule III.(a)  The controlled substances
 
10 listed in this section are included in schedule III.
 
11      (b)  Stimulants.  Unless listed in another schedule, any
 
12 material, compound, mixture, or preparation which contains any
 
13 quantity of the following substances having a stimulant effect on
 
14 the central nervous system, including their salts, isomers, and
 
15 salts of isomers, whenever the existence of these salts, isomers,
 
16 and salts of isomers is possible within the specific chemical
 
17 designation:
 
18      (1)  Those compounds, mixtures, or preparations in dosage
 
19           unit form containing any stimulant substance listed in
 
20           schedule II, and any other drug of the quantitative
 
21           composition or which is the same except that it
 
22           contains a lesser quantity of controlled substances;
 

 
 
 
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 1      (2)  Benzphetamine;
 
 2      (3)  Chlorphentermine;
 
 3      (4)  Clortermine;
 
 4      (5)  Mazindol;
 
 5      (6)  Phendimetrazine.
 
 6      (c)  Depressants.  Unless listed in another schedule, any
 
 7 material, compound, mixture, or preparation that contains any
 
 8 quantity of the following substances having a depressant effect
 
 9 on the central nervous system:
 
10      (1)  Any compound, mixture, or preparation containing
 
11           amobarbital, secobarbital, pentobarbital, or any salt
 
12           thereof and one or more other active medicinal
 
13           ingredients which are not listed in any schedule;
 
14      (2)  Any suppository dosage form containing amobarbital,
 
15           secobarbital, pentobarbital, or any salt of any of
 
16           these drugs and approved by the Food and Drug
 
17           Administration for marketing only as a suppository;
 
18      (3)  Any substance that contains any quantity of a
 
19           derivative of barbituric acid or any salt thereof;
 
20      (4)  Chlorexadol;
 
21      (5)  Ketamine hydrochloride;
 
22      (6)  Lysergic acid;
 

 
 
 
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 1      (7)  Lysergic acid amide;
 
 2      (8)  Methyprylon;
 
 3      (9)  Sulfondiethylmethane;
 
 4     (10)  Sulfonethylmethane;
 
 5     (11)  Sulfonmethane;
 
 6     (12)  Tiletamine/Zolazepam (Telazol).
 
 7      (d)  Nalorphine.
 
 8      (e)  Narcotic drugs.  Unless specifically excepted or unless
 
 9 listed in another schedule, any material, compound, mixture, or
 
10 preparation containing any of the following narcotic drugs, or
 
11 their salts, or alkaloid, in limited quantities as set forth
 
12 below:
 
13      (1)  Not more than 1.8 grams of codeine, or any of its
 
14           salts, per 100 milliliters or not more than 90
 
15           milligrams per dosage unit, with an equal or greater
 
16           quantity of an isoquinoline alkaloid of opium;
 
17      (2)  Not more than 1.8 grams of codeine, or any of its
 
18           salts, per 100 milliliters or not more than 90
 
19           milligrams per dosage unit, with one or more active,
 
20           nonnarcotic ingredients in recognized therapeutic
 
21           amounts;
 
22      (3)  Not more than 300 milligrams of dihydrocodeinone
 

 
 
 
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 1           (Hydrocodone), or any of its salts, per 100 milliliters
 
 2           or not more than 15 milligrams per dosage unit, with a
 
 3           fourfold or greater quantity of an isoquinoline
 
 4           alkaloid of opium provided that these narcotic drugs
 
 5           shall be monitored pursuant to section 329-101;
 
 6      (4)  Not more than 300 milligrams of dihydrocodeinone
 
 7           (Hydrocodone), or any of its salts per 100 milliliters
 
 8           or not more than 15 milligrams per dosage unit, with
 
 9           one or more active, nonnarcotic ingredients in
 
10           recognized therapeutic amounts provided that these
 
11           narcotic drugs shall be monitored pursuant to section
 
12           329-101;
 
13      (5)  Not more than 1.8 grams of dihydrocodeine, or any of
 
14           its salts, per 100 milliliters or not more than 90
 
15           milligrams per dosage unit, with one or more active,
 
16           nonnarcotic ingredients in recognized therapeutic
 
17           amounts;
 
18      (6)  Not more than 300 milligrams of ethylmorphine, or any
 
19           of its salts, per 100 milliliters or not more than 15
 
20           milligrams per dosage unit, with one or more
 
21           ingredients in recognized therapeutic amounts;
 
22      (7)  Not more than 500 milligrams of opium per 100
 

 
 
 
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 1           milliliters or per 100 grams, or not more than 25
 
 2           milligrams per dosage unit, with one or more active
 
 3           nonnarcotic ingredients in recognized therapeutic
 
 4           amounts;
 
 5      (8)  Not more than 50 milligrams of morphine or any of its
 
 6           salts, per 100 milliliters or per 100 grams with one or
 
 7           more active, nonnarcotic ingredients in recognized
 
 8           therapeutic amounts.
 
 9      (f)  The department of public safety may except by rule any
 
10 compound, mixture, or preparation containing any stimulant or
 
11 depressant substance listed in subsections (b) and (c) from the
 
12 application of all or any part of this chapter if the compound,
 
13 mixture, or preparation contains one or more active medicinal
 
14 ingredients not having a stimulant or depressant effect on the
 
15 central nervous system, and if the admixtures are included
 
16 therein in combinations, quantity, proportion, or concentration
 
17 that vitiate the potential for abuse of the substances which have
 
18 a stimulant or depressant effect on the central nervous system.
 
19      (g)  Any anabolic steroid.  The term "anabolic steroid"
 
20 means any drug or hormonal substance chemically and
 
21 pharmacologically related to testosterone (other than estrogens,
 
22 progestins, and corticosteroids) that promotes muscle growth, and
 

 
 
 
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 1 includes:
 
 2      (1)  Boldenone;
 
 3      (2)  Clostebol (4-Chlorotestosterone);
 
 4      (3)  Dehydrochlormethyltestosterone;
 
 5      (4)  Dihydrotestosterone (4-dihydrotestosterone);
 
 6      (5)  Drostanolone;
 
 7      (6)  Ethylestrenol;
 
 8      (7)  Fluoxymesterone;
 
 9      (8)  Formebolone (Formyldienolone);
 
10      (9)  Mesterolone;
 
11     (10)  Methandranone;
 
12     (11)  Methandriol;
 
13     (12)  Methandrostenolone (Methandienone);
 
14     (13)  Methenolone;
 
15     (14)  Methyltestosterone;
 
16     (15)  Mibolerone;
 
17     (16)  Nandrolone;
 
18     (17)  Norethandrolone;
 
19     (18)  Oxandrolone;
 
20     (19)  Oxymesterone;
 
21     (20)  Oxymetholone;
 
22     (21)  Stanolone (Dihydrotestosterone);
 

 
 
 
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 1     (22)  Stanozolol;
 
 2     (23)  Testolactone;
 
 3     (24)  Testosterone;
 
 4     (25)  Trenbolone; and
 
 5     (26)  Any salt, ester, or isomer of a drug or substance
 
 6           described or listed in this subsection, if that salt,
 
 7           ester, or isomer promotes muscle growth, except the
 
 8           term "anabolic steroid" does not include an anabolic
 
 9           steroid which is expressly intended for administration
 
10           through implants to cattle or other nonhuman species
 
11           and which has been approved by the Secretary of Health
 
12           and Human Services for nonhuman administration.  If any
 
13           person prescribes, dispenses, or distributes an
 
14           anabolic steroid intended for administration to
 
15           nonhuman species for human use, the person shall be
 
16           considered to have prescribed, dispensed, or
 
17           distributed an anabolic steroid within the meaning of
 
18           this paragraph.
 
19      (h)  Hallucinogenic substances, including but not limited
 
20 to:
 
21      (1)  Dronabinol (synthetic), in sesame oil and encapsulated
 
22           in a soft gelatin capsule in a United States Food and
 

 
 
 
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 1           Drug Administration approved drug product."
 
 2      SECTION 4.  Section 329-20, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "§329-20  Schedule IV.(a)  The controlled substances
 
 5 listed in this section are included in schedule IV.
 
 6      (b)  Depressants.  Any material, compound, mixture, or
 
 7 preparation which contains any quantity of the following
 
 8 substances having a degree of danger or probable danger
 
 9 associated with a depressant effect on the central nervous
 
10 system:
 
11      (1)  Alprazolam;
 
12      (2)  Barbital;
 
13      (3)  Bromazepam;
 
14      (4)  Butorphanol;
 
15      (5)  Camazepam;
 
16      (6)  Carisoprodol;
 
17      (7)  Chloral betaine;
 
18      (8)  Chloral hydrate;
 
19      (9)  Chlordiazepoxide;
 
20     (10)  Clobazam;
 
21     (11)  Clonazepam;
 
22     (12)  Clorazepate;
 

 
 
 
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 1     (13)  Clotiazepam;
 
 2     (14)  Cloxazolam;
 
 3     (15)  Delorazepam;
 
 4     (16)  Diazepam;
 
 5     (17)  Estazolam;
 
 6     (18)  Ethchlorvynol;
 
 7     (19)  Ethinamate;
 
 8     (20)  Ethyl loflazepate;
 
 9     (21)  Fludiazepam;
 
10     (22)  Flunitrazepam;
 
11     (23)  Flurazepam;
 
12     (24)  Halazepam;
 
13     (25)  Haloxazolam;
 
14     (26)  Ketazolam;
 
15     (27)  Loprazolam;
 
16     (28)  Lorazepam;
 
17     (29)  Lormetazepam;
 
18     (30)  Mebutamate;
 
19     (31)  Medazepam;
 
20     (32)  Meprobamate;
 
21     (33)  Methohexital;
 
22     (34)  Methylphenobarbital (mephorbarbital);
 

 
 
 
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 1     (35)  Midazolam;
 
 2     (36)  Nimetazepam;
 
 3     (37)  Nitrazepam;
 
 4     (38)  Nordiazepam;
 
 5     (39)  Oxazepam;
 
 6     (40)  Oxazolam;
 
 7     (41)  Paraldehyde;
 
 8     (42)  Petrichloral;
 
 9     (43)  Phenobarbital;
 
10     (44)  Pinazepam;
 
11     (45)  Prazepam;
 
12     (46)  Quazepam;
 
13     (47)  Temazepam;
 
14     (48)  Tetrazepam;
 
15     (49)  Triazolam;
 
16     (50)  Zolpidem.
 
17      (c)  Fenfluramine.  Any material, compound, mixture, or
 
18 preparation which contains any quantity of the following
 
19 substances, including its salts, isomers, and salts of isomers,
 
20 whenever the existence of such salts, isomers, and salts of
 
21 isomers is possible:
 
22      (1)  Fenfluramine.
 

 
 
 
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 1      (d)  Stimulants.  Unless listed in another schedule, any
 
 2 material, compound, mixture, or preparation which contains any
 
 3 quantity of the following substances having a stimulant effect on
 
 4 the central nervous system, including its salts, isomers, and
 
 5 salts of such isomers whenever the existence of such salts,
 
 6 isomers, and salts of isomers is possible within the specific
 
 7 chemical designation:
 
 8      (1)  Diethylpropion;
 
 9      (2)  Phentermine;
 
10      (3)  Pemoline (including organometallic complexes and
 
11           chelates thereof).
 
12      (e)  Other substances.  Unless specifically excepted or
 
13 unless listed in another schedule, any material, compound,
 
14 mixture, or preparation which contains any quantity of the
 
15 following substances, including its salts:
 
16     [(1)  Dextropropoxyphene;
 
17      (2)] (1)  Pentazocine.
 
18      (f)  The department of public safety may except by rule any
 
19 compound, mixture, or preparation containing any depressant
 
20 substance listed in subsection (b) or any stimulant listed in
 
21 subsection (d) from the application of all or any part of this
 
22 chapter if the compound, mixture, or preparation contains one or
 

 
 
 
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 1 more active medicinal ingredients not having a depressant or
 
 2 stimulant effect on the central nervous system, and if the
 
 3 admixtures are included therein in combinations, quantity,
 
 4 proportion, or concentration that vitiate the degree of danger or
 
 5 probable danger of the substances which have a depressant or
 
 6 stimulant effect on the central nervous system.
 
 7      (g)  Narcotic drugs.  Unless specifically excepted or unless
 
 8 listed in another schedule, any material, compound, mixture, or
 
 9 preparation containing any of the following narcotic drugs, or
 
10 their salts calculated as the free anhydrous base or alkaloid, in
 
11 limited quantities as set forth below:
 
12      (1)  Not more than 1 milligram of difenoxin and not less
 
13           than 25 micrograms of atropine sulfate per dosage unit
 
14           (modafinil); and
 
15      (2)  Dextropropoxyphene (alpha-(+)-4-dimethylamino-1, 2-
 
16           diphenyl-3-methyl-2-propionoxybutane)."
 
17      SECTION 5.  Section 329-42, Hawaii Revised Statutes, is
 
18 amended by amending subsection (a) to read as follows:
 
19      "(a)  It is unlawful for any person knowingly or
 
20 intentionally:
 
21      (1)  To distribute as a registrant a controlled substance
 
22           classified in schedule I or II, except pursuant to an
 

 
 
 
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 1           order form as required by section 329-37;
 
 2      (2)  To use in the course of the manufacture or distribution
 
 3           of a controlled substance a registration number that is
 
 4           fictitious, revoked, suspended, or issued to another
 
 5           person;
 
 6      (3)  To [acquire or] obtain [possession of a controlled
 
 7           substance by misrepresentation, fraud, forgery,
 
 8           deception, or subterfuge;] or attempt to obtain any
 
 9           controlled substance or procure or attempt to procure
 
10           the administration of any controlled substance:
 
11           (A)  By fraud, deceit, misrepresentation, embezzlement,
 
12                theft;
 
13           (B)  By the forgery or alteration of a prescription or
 
14                of any written order;
 
15           (C)  By furnishing fraudulent medical information or
 
16                the concealment of a material fact; or
 
17           (D)  By the use of a false name, patient identification
 
18                number or the giving of false address;
 
19      (4)  To furnish false or fraudulent material information in,
 
20           or omit any material information from, any application,
 
21           report, or other document required to be kept or filed
 
22           under this chapter, or any record required to be kept
 

 
 
 
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 1           by this chapter;
 
 2      (5)  To make, distribute, or possess any punch, die, plate,
 
 3           stone, or other thing designed to print, imprint, or
 
 4           reproduce the trademark, trade name, or other
 
 5           identifying mark, imprint, or device of another or any
 
 6           likeness of any of the foregoing upon any drug or
 
 7           container or labeling thereof so as to render the drug
 
 8           a counterfeit substance;
 
 9      (6)  To misapply or divert to the person's own use or other
 
10           unauthorized or illegal use or to take, make away with,
 
11           or secrete, with intent to misapply or divert to the
 
12           person's own use or other unauthorized or illegal use,
 
13           any controlled substance that shall have come into the
 
14           person's possession or under the person's care as a
 
15           registrant or as an employee of a registrant who is
 
16           authorized to possess controlled substances or has
 
17           access to controlled substances by virtue of the
 
18           person' employment; or
 
19      (7)  To make, distribute, possess, or sell any prescription
 
20           form, whether blank, faxed, computer generated,
 
21           photocopied, or reproduced in any other manner without
 
22           the authorization of the licensed practitioner."
 

 
 
 
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 1      SECTION 6.  Section 329-69, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]§329-69[]]  Subpoena powers.  Subject to the privileges
 
 4 which witnesses have in the courts of this State, the director of
 
 5 public safety or the director's designated subordinate is
 
 6 empowered pursuant to and in accordance with the rules of court
 
 7 to subpoena witnesses, examine them under oath and require the
 
 8 production of books, papers, documents or objects where the
 
 9 director of public safety reasonably believes the information
 
10 sought is relevant or material to enforcement of this [part.]
 
11 chapter.  Books, papers, documents, or objects obtained pursuant
 
12 to exercise of these powers may be retained by the director of
 
13 public safety or the director's designate for [a reasonable
 
14 period of time] forty-eight hours for the purpose of examination,
 
15 audit, copying, testing, or photographing.  Upon application by
 
16 the director of public safety, obedience to the subpoenas may be
 
17 enforced by the circuit court in the county where the person
 
18 subpoenaed resides or is found in the same manner as a subpoena
 
19 issued by the clerk of a circuit court."
 
20      SECTION 7.  Statutory material to be repealed is bracketed.
 
21 New statutory material is underscored.
 
22      SECTION 8.  This Act shall take effect upon its approval.