318-B:1-a Scheduling by the Commissioner. –
I. The commissioner may add, delete, or reschedule all substances, by rule, pursuant to RSA 541-A, after hearing and after consulting with the pharmacy board. In making a determination regarding a substance, the commissioner shall consider the following:
(a) Actual or relative potential for abuse;
(b) Scientific evidence of its pharmacological effect, if known;
(c) State of current scientific knowledge regarding the substance;
(d) History and current pattern of abuse;
(e) Scope, duration, and significance of abuse;
(f) Risk to the public health;
(g) Potential of the substance to produce psychic or physical dependence liability; and
(h) Whether the substance is an immediate precursor of a substance already controlled under this chapter.
II. After considering the factors in paragraph I, the commissioner shall make findings relative to the substance and adopt a rule controlling the substance if he finds the substance has a potential for abuse.
III. In addition to the provisions of RSA 541-A, the commissioner shall give due notice of the time, place and purpose of all hearings required under this chapter to podiatrists, osteopaths, hospitals, pharmacists, physicians, dentists, veterinarians, advanced registered nurse practitioners, optometrists, laboratories, registered manufacturers, suppliers and to the general public by such means as he shall deem adequate. From and after the hearing date, the sale or dispensation (except by prescription) of a drug or chemical containing any quantity of such substance as is the subject matter of the hearing shall be suspended pending a determination as to whether such substance is to be designated as a controlled drug. Designation as a controlled drug shall result in the continued suspension of the sale or dispensation (except by prescription) of any drug or chemical containing any quantity of such substance until the effective date of the designation. The substance shall thereafter be a controlled drug subject to this chapter. If any substance is so designated, the commissioner shall publish the designation in a newspaper of general circulation in the state once each week for 3 successive weeks.
IV. Substances which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.
V. If any substance is designated, rescheduled, or deleted as a controlled substance under federal law and notice thereof is given to the commissioner, the commissioner shall similarly control the substance under this chapter after the expiration of 30 days from publication in the Federal Register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance, unless, within that 30 day period, the commissioner objects to inclusion, rescheduling, or deletion. In that case, the commissioner shall publish the reasons for objection and afford all interested persons an opportunity to be heard. At the conclusion of the hearing, the commissioner shall publish his decision, which shall be final unless altered by law. Upon publication of objection to inclusion, rescheduling, or deletion under this chapter by the commissioner, control under this chapter shall be stayed until the commissioner publishes his decision.
VI. Authority to control under this section shall not extend to distilled spirits, wine, malt beverages, or tobacco.
VII. Controlled drugs shall be scheduled by whatever official, common, usual, chemical or trade name designated.
VIII. The commissioner shall revise and republish the schedules in RSA 318-B:1-b semi-annually for 2 years from the effective date of this section, and thereafter annually.