TITLE XXX
OCCUPATIONS AND PROFESSIONS

CHAPTER 318-B
CONTROLLED DRUG ACT

Section 318-B:1-b

    318-B:1-b Schedule Tests. –
I. Schedule I Tests. The commissioner shall place a substance in schedule I if he finds that the substance:
(a) Has high potential for abuse; and
(b) Has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.
II. Schedule II Tests. The commissioner shall place a substance in schedule II if he finds that:
(a) The substance has high potential for abuse;
(b) The substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and
(c) The abuse of the substance may lead to severe psychic or physical dependence.
III. Schedule III Tests. The commissioner shall place a substance in schedule III if he finds that:
(a) The substance has a potential for abuse less than the substances listed in schedules I and II of the current chapter 21, Code of Federal Regulations;
(b) The substance has currently accepted medical use in treatment in the United States; and
(c) Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.
IV. Schedule IV Tests. The commissioner shall place a substance in schedule IV if he finds that:
(a) The substance has a low potential for abuse relative to substances listed in schedule III of the current chapter 21, Code of Federal Regulations;
(b) The substance has currently accepted medical use in treatment in the United States; and
(c) Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in schedule III of the current chapter 21, Code of Federal Regulations.
V. Schedule V Tests. The commissioner shall place a substance in schedule V if he finds that:
(a) The substance has a low potential for abuse relative to substances listed in schedule IV of the current chapter 21, Code of Federal Regulations;
(b) The substance has currently accepted medical use in treatment in the United States; and
(c) The substance has limited physical dependence liability or psychological dependence liability relative to the substances in schedule IV of the current chapter 21, Code of Federal Regulations.

Source. 1985, 293:3. 1995, 310:183, eff. Nov. 1, 1995.