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duce psychic or physiological dependence
liability.
(8) Whether the substance is an immediate
precursor of a substance already controlled
under this article.
(b) After considering the factors enumerated
in subsection (a), the board shall make findings and
recommendations concerning the control of the
substance if it finds the substance has a potential
for abuse.
(c) If the board finds that a substance is an
immediate precursor, substances which are pre-
cursors of the controlled precursor shall not be sub-
ject to control solely because they are precursors
of the controlled precursor.
(d) If any substance is designated or resched-
uled to a more restrictive schedule as a controlled
substance under federal law and notice is given to
the board, the board shall recommend similar
control of the substance under this article in the
board’s report to the general assembly, unless the
board objects to inclusion or rescheduling. In
that case, the board shall publish the reasons for
objection and afford all interested parties an oppor-
tunity to be heard. At the conclusion of the hear-
ing, the board shall publish its findings.
(e) If a substance is rescheduled to a less
restrictive schedule or deleted as a controlled sub-
stance under federal law, the substance is resched-
uled or deleted under this article. If the board
objects to inclusion, rescheduling, or deletion of
the substance, the board shall notify the chairman
of the legislative council not more than thirty
(30) days after the federal law is changed and the
substance may not be rescheduled or deleted until
the conclusion of the next complete session of the
general assembly. The notice from the board to
the chairman of the legislative council must be
published.
(f) The board shall conduct hearings regard-
ing revocations, suspensions, and restrictions of
registrations as provided in IC 35-48-3-4. All
hearings shall be conducted in accordance with IC
4-21.5-3.
(g) Authority to control under this section
does not extend to distilled spirits, wine, or malt
beverages, as those terms are defined or used in
IC 7.1, or to tobacco.
(h) The board shall exclude any nonnarcotic
substance from a schedule if that substance may,
under the Federal Food, Drug, and Cosmetics Act
or state law, be sold over the counter without a pre-
scription.
35-48-2-2. Nomenclature.
The controlled substances listed in the sched-
ules in sections 4, 6, 8, 10, and 12 of this chapter
are included by whatever official, common, usual,
chemical, or trade name designated. The number
placed in brackets after each substance is its fed-
eral Drug Enforcement Administration Controlled
Substances Code Number which is to be used for
identification purposes on certain certificates of
registration.
35-48-2-3. Schedule I tests.
(a) The board shall recommend placement of
a substance in schedule I under this chapter if it
finds that the substance:
(1) Has high potential for abuse; and
(2) Has no accepted medical use in treat-
ment in the United States or lacks accepted
safety for use in treatment under medical
supervision.
(b) The board may recommend placement of
a substance in schedule I under this chapter if it
finds that the substance is classified as a con-
trolled substance in schedule I under federal law.
35-48-2-4. Schedule I.
(a) The controlled substances listed in this
section are included in schedule I.
(b) Opiates. Any of the following opiates,
including their isomers, esters, ethers, salts, and
salts of isomers, esters, and ethers, unless specif-
ically excepted by rule of the board or unless
listed in another schedule, whenever the exis-
tence of these isomers, esters, ethers, and salts is
possible within the specific chemical designa-
tion:
Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-
2-phenethyl)-4-piperidinyl]-N-phenylace-
tamide) (9815)
Acetylmethadol (9601)
Allylprodine (9602)
Alpha-methylthiofentanyl (N-[1-methyl-2-(2-
thienyl)ethyl-4-piperidinyl]-N-phenylp-
ropanamide) (9832)
Alphacetylmethadol (9603)
