§ 58-38a-204. Guidelines for scheduling or listing drugs.

(1)

(a) The committee shall recommend placement of a substance in Schedule I if it finds:

(i) that the substance has high potential for abuse; and

(ii) that an accepted standard has not been established for safe use in treatment for medical purposes.

(b) The committee may recommend placement of a substance in Schedule I under Section 58-37-4 if it finds that the substance is classified as a controlled substance in Schedule I under federal law.

(2)

(a) The committee shall recommend placement of a substance in Schedule II if it finds that:

(i) the substance has high potential for abuse;

(ii) the substance has a currently accepted medical use in treatment in the United States, or a currently accepted medical use subject to severe restrictions; and

(iii) the abuse of the substance may lead to severe psychological or physiological dependence.

(b) The committee may recommend placement of a substance in Schedule II if it finds that the substance is classified as a controlled substance in Schedule II under federal law.

(3)

(a) The committee shall recommend placement of a substance in Schedule III if it finds that:

(i) the substance has a potential for abuse that is less than the potential for substances listed in Schedules I and II;

(ii) the substance has a currently accepted medical use in treatment in the United States; and

(iii) abuse of the substance may lead to moderate or low physiological dependence or high psychological dependence.

(b) The committee may recommend placement of a substance in Schedule III if it finds that the substance is classified as a controlled substance in Schedule III under federal law.

(4)

(a) The committee shall recommend placement of a substance in Schedule IV if it finds that:

(i) the substance has a low potential for abuse relative to substances in Schedule III;

(ii) the substance has currently accepted medical use in treatment in the United States; and

(iii) abuse of the substance may lead to limited physiological dependence or psychological dependence relative to the substances in Schedule III.

(b) The committee may recommend placement of a substance in Schedule IV if it finds that the substance is classified as a controlled substance in Schedule IV under federal law.

(5)

(a) The committee shall recommend placement of a substance in Schedule V if it finds that:

(i) the substance has low potential for abuse relative to the controlled substances listed in Schedule IV;

(ii) the substance has currently accepted medical use in treatment in the United States; and

(iii) the substance has limited physiological dependence or psychological dependence liability relative to the controlled substances listed in Schedule IV.

(b) The committee may recommend placement of a substance in Schedule V under this chapter if it finds that the substance is classified as a controlled substance in Schedule V under federal law.

(6) The committee may recommend placement of a substance on a controlled substance list if it finds that the substance has a potential for abuse and that an accepted standard has not been established for safe use in treatment for medical purposes.

Amended by Chapter 12, 2011 General Session