CONTROLLED DANGEROUS SUBSTANCES CODE (2024)

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WYANDOTTE NATION

TITLE IO

CONTROLLED DANGEROUS SUBSTANCES CODE

(APPROVED BY THE BOARD OF DIRECTORS 02-13-2024)

INDEX

WYANDOTTE NATION TITLE 10 CONTROLLED DANGEROUS SUBSTANCES

INDEX

WYANDOTTE NATION TITLE 10 CONTROLLED DANGEROUS SUBSTANCES

CODE

CHAPTER ONE - GENERAL PROVISIONS

Section 1 . Title.

Section 2. Purpose.

Section 3. Construction.

Section 4. Inconsistent Provisions With Other Laws.

Section 5. Authority to Control.

Section 6. Severability.

Section 7. No Waiver of Sovereign lmmunity.

Section 8. Definitions.

CHAPTERTWO - SCHEDULES

Section 201. Schedule Administration.

Section 202. Schedule I.

Section 203. Schedule II.

Section 204. Schedule III.

Section 205. Schedule IV.

Section 206. Schedule V.

Section 207. Professional Practice.

Section 208. Exceptions.

Section 209. Burden of Proof.

CHAPTER THREE - WARRANTS, SEARCH,

PROCEDURES

Section 301. Warrants.

Section 302. Arrest.

Section 303. Seizure.

Section 304. Disposal.

Section 305. Use of Vessels.

Section 306. Duty.

Section 307. Confidentiality.

Section 308. Good Faith.

CHAPTER FOUR - OFFENSES AND PENALTIES

Section 401. Guilt.

Section 402. Prohibited Acts A - Penalties.

Section 403. Prohibited Acts B - Penalties.

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SEIZLRE

AND

DISPOSAL

Section 404. Prohibited Acts C - Penalties.

Section 405. Prohibited Acts D - Penalties.

Section 406. Prohibited Acts E - Penalties.

Section 407. Substances Causing Intoxication, Distortion or Disturbances of Auditory,

Visual, Muscular, or Mental Processes Prohibited; Exemptions - Penalties.

Section 408. Offering, Soliciting, Attempting, Endeavoring or Conspiring to Commit

Offense - Penalties.

Section 409. Marijuana.

Section 410. Additional Penalties.

Section 41 1. General Penalty Provisions.

Section 412. Penalties for Second or Subsequent Offenses.

Section 413. Possession.

Section 414. Public Nuisance.

Section 41 5. Injunction Authorized.

Section 416. Civil lmmunity.

CHAPTER FIVE - SENTENCING PROVISIONS

Section 501. Rehabilitative Measures.

Section 502. Adult Offenders.

Section 503. Additional Sentencing Provisions for Adult Offenders.

Section 504. Juvenile Offenders.

Section 505. Sentencing Juvenile Offenders.

Section 506. Civil Remedies - Non-Indian.

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WYAI{DOTTE NATION

TITLE 10

CONTROLLED DANGEROUS SUBSTANCES CODE

CHAPTER ONE

GENERAL PROVISIONS

Section l. Title.

This Title shall be called the "Wyandotte Nation Controlled Dangerous Substances Code."

Section 2. Purpose.

The Wyandotte Nation is commi$ed to achieving and maintaining a safe and productive Nation

free from persons affected by the illegal purchase, transport, distribution, delivery, trafficking or

attempted purchase, transport, distribution, delivery, trafficking use of illegal controlled

substances or controlled substance analogues within the Wyandotte Nation jurisdiction.

Section 3. Construction.

The individual and collective sections within this Code shall be construed liberally in accordance

with the legislative objective of deterring the illegat purchase, transport, distribution, delivery,

trafficking or attempted purchase, transport, distribution, delivery, trafficking use of illegal

controlled substances or controlled substance analogues with the Wyandotte Nation jurisdiction.

Nothing in this code shall be construed as a waiver of tribal sovereign immunity.

Section 4. Inconsistent Provisions of Other Laws.

It is the intent of the Wyandotte Nation to enact this Title to supplement the jurisdiction of the

Wyandotte Nation. If any provision of this Title is found to b€ inconsistent with other laws of the

Wyandotte Nation, this Title shall govem in Controlled Dangers Substances proceedings, unless

there is good cause shown that application ofthis Title would be unreasonable or contradictory to

public policy and welfare.

Section 5. Authoriw to Control.

The Wyandotte Nation has the authority to carry out the provisions of the Wyandotte Nation

Controlled Dangerous Substances Code, and may effectuate any tribal laws or policies aimed at

carrying out the legislative intent ofsuch code.

Section 6. Severability.

If any part of this Code is found to be invalid by any Court of competent jurisdiction, it shall be

severed and the remaining parts shall remain in effect.

Section 7. No Waiver of Sovereign Immunity.

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Nothing in this Code is intended to be nor shall be construed as a waiver of the tribal sovereign

immunity of the Wyandotte Nation.

Section 8. Definitions.

Unless the context otherwise requires, as used in this Title, the term:

(a) "Administer" means the direct application ofa controlled dangerous substance, whether

by injection, inhalation, ingestion or any other means, to the body ofa patient, animal or research

subject by:

(1) a practitioner (or in the presence of the practitioneq by the authorized agent of

the practitioner) or

(2) the patient or research subject at the direction and in the presence of the

practitioner.

(b) "Coca leaves" includes cocaine and any compowrd, manufacture, salt, derivative,

mixture or preparation of coca leaves, except derivatives of coca leaves which do not contain

cocaine or ecgonine.

immediate precursor.

(d) "Controlled dangerous substance", means a drug, substance, or immediate precunior

listed in Schedules I through V of this Title or any drug substance or immediate precursor listed

either temporarily or permanently as a federally controlled substance. Any conflict between

Wyandotte Nation and federal law with regard to the particular schedule in which a substance is

listed shall be resolved in favor of Wyandotte Nation law.

(e) "Controlled substance analogue", means a substance the chemical structure of which is

substantially similar to the chemical structure ofa controlled substance in Schedule I or II and:

(l) Which has a stimulant, depressant, or hallucinogenic effect on the central

nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the

central nervous system ofa controlled substance included in Schedule I or II; or

(2) With resp€ct to a particular individual, which that individual represents or

intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system

substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous

system of a controlled substance included in Schedule I or II. The term does not include a

controlled substance; any substance for which there is an approved new drug application; or any

substance for which an exemption is in effect for investigational use, as sanctioned by the Federal

Food and Drug Administration.

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(f) "Counterfeit substance", means a controlled substance which, or the container or

labeling of which, without authorization, bears the trademark, trade name, or other identifuing

mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor, or

dispenser other than the person who in fact manufactured, distributed, or dispensed the substance;

(g) "Deliver" or "delivery", means the actual, constructive, or attempted transfer from one

person to another of drug paraphernalia or of a controlled substance, or an imitation controlled

substance, whether or not there is an agency relationship, and includes a sale.

(h) "Dispense" means to deliver a controlled dangerous substance to an ultimate user or

human research subject by or pursuant to the laufill order of a practitioner, including the

prescribing, administering, packaging, labeling or compounding necessary to prepare the

substance for such distribution. "Dispenser" is a practitioner who delivers a controlled dangerous

substance to an ultimate user or human research subject.

(i) "Distribute" means to deliver other than by administering or dispensing a controlled

dangerous substance.

O "Distributor" means a commercial entity engaged in the distribution or reverse

distribution of narcotics and dangerous drugs and who complies with all regulations promulgated

by the Federal Drug Administration.

ft) "Drug" means articles

(1) recogrized in the official United States Pharmacopei4 official Homeopathic

Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of

them,

(2) intended for use in the diagnosis, cure, mitigation, treatment or prevention of

man

or other animals.

disease

(3) other than food, intended to affect the structure or any frrnction of the body of

man or other animals, and

(4) intended for use as a component of any article specified in this paragraph;

provided, however, the term drug does not include devices or their components, parts or

accessories.

(l) "Drug-dependent person" means a person who is using a controlled dangerous substance

and who is in a state of psychic or physical dependence, or both, arising from administration of

that controlled dangerous substance on a continuous basis. Drug dependence is characterized by

behavioral and other responses, which include a strong compulsion to take the substance on a

continuous basis in order to experience its psychic effects, or to avoid the discomfort of its absence.

(m)" Drug paraphemalia", means all equipment, products, substances and materials of any

kind which are used, intended for use, or designed for use, in planting, propagating, cultivating,

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growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing,

storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the

human body a controlled substance or an imitation controlled substance. It includes, but is not

limited to:

(l) Kits used, intended for use, or designed for use in manufacturing, compounding,

converting, producing, processing, or preparing controlled substances or imitation controlled

substances;

(2) Testing equipment used, intended for use, or designed for use in identiffing, or in

analyzing the strength, effectiveness or purity of controlled substances or imitation controlled

substances;

(3) Scales and balances used, intended for use, or designed for use in weighing or

measuring controlled substances or imitation controlled substances;

(4) Dilutents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose

and lactose, used, intended for use, or designed for use in cutting controlled substances or imitation

controlled substances;

(5) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or

designed for use in compounding controlled substances or imitation controlled substances;

(6) Capsutes, balloons, envelopes and other containers used, intended for use, or designed

for use in packaging small quantities ofcontrolled substances or imitation controlled substances;

(7) Containers and other objects used, intended for use, or desigrred for use in storing or

concealing controlled substances or imitation controlled substances;

(8) In determining whether an object, product, substance or material is drug paraphemali4

a court or other authority should consider, in addition to all other logically relevant factors, the

following:

(i) Statements by an owner or by anyone in control ofthe object conceming its use;

(ii) Prior convictions, ifany, of an owner, or of anyone in control ofthe object,

under any tribal, state or federal law relating to any controlled substance or

imitation controlled substance;

(iii) The proximity of the object, in time and space, to a direct violation of the

chapters of this Code;

(iv) The proximity of the object to controlled substances or imitation controlled

substances;

(v) The existence of any residue of controlled substances or imitation controlled

substances on the object;

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(vi) Direct or circumstantial evidence of the intent of an owner, or of anyone in

control of the object, to deliver it to persons who he knows, or should reasonably know, intend to

use the object to facilitate a violation of this Code; the innocence of an owner, or of anyone in

control ofthe object, as to direct violation ofthis Code shall not prevent a finding that the object

is intended for use, or designed for use as drug paraphemalia;

(vii) Instructions, oral or written, provided with the object conceming its use;

(viii) Descriptive materials accompanying the object, which explain or depict its

use;

(ix) National or local advertising conceming its use;

(x) The manner in which the object is displayed for sale;

(xi) Whether the owner, or anyone in control of the object, is a legitimate supplier

of like or related items to the community, such as a licensed distributor or

dealer of tobacco products:

(xii) Direct or circumstantial evidence ofthe ratio ofsales ofthe object to the total

sales ofthe business enterprise:

(xiii) The existence and scope of legitimate uses for the object in the community;

(xiv) Expert testimony conceming its use;

(xv) The quantity, form or packaging of the product, substance or material in

relation to the quantity, form or packaging associated with any legitimate use

for the product, substance or material;

(n) " Imitation controlled substance", means a substance that is not a controlled substance,

but which by dosage unit appearance (including color, shape, size and markings), or by

representations made, would lead a reasonable person to believe that the substance is a controlled

substance. In determining whether the substance is an "imitation controlled substance" the court

or authority concemed should consider, in addition to all other logically relevant factors, the

following:

( I ) statements made by an owner or by any other person in control of the substance

conceming the nature ofthe substance, or its use or effect,

(2) Statements made to the recipient that the substance may be resold for inordinate

profit,

(3) Whether the substance is packaged in a manner normally used for illicit

controlled substances,

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(4) evasive tactics or actions utilized by the owner or person in control of the

substance to avoid detection by law enforcement authorities,

(5) Prior convictions, ifany, ofan owner, or anyone in control ofthe object, under

tribal, state or federal law related to controlled substances or fraud,

(6) The proximity of the substances to controlled substances,

(7) Whether the consideration tendered in exchange for the non-controlled

substance substantially exceeds the reasonable value of the substance considering the actual

chemical composition of the substance and, where applicable, the price at which over-the-counter

substances of like chemical composition sell. An imitation controlled substance does not include

a placebo or registered investigational drug either of which was manufactured, distributed,

possessed or delivered in the ordinary course of professional practice or research.

(o) "Immediate precursor", means a substance which:

(1) Is the principal compound commonly used or produced primarily for use in the

manufacture of a controlled substance:

(2) Is an immediate chemical intermediary used or likely to be used in the

ofa

controlled substance; and

manufacture

(3) The control of which is necessary to prevent, curtail or limit the manufacture of

the controlled substance;

(p) "Manufacture" means the production, preparation, propagation, compounding or

processing ofdrug paraphernalia or ofa controlled substance, or an imitation controlled substance,

either directly or indirectly by extraction from substances of natuml or synthetic origin, or

independently by means of chemical synthesis, or by a combination of extraction and chemical

synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of

its container. This term does not include the preparation or compounding ofa controlled substance

or an imitation controlled substance or the preparation, compounding, packaging or labeling ofa

narcotic or dangerous drug. "Manufacturer" includes any person who packages, repackages or

labels any container ofany controlled dangerous substance, except practitioners who dispense or

compound prescription orders for delivery to the ultimale consumer.

(q) "Marijuana" means all parts of the plant Cannabis sativa L., whether growing or not;

the seeds thereof; the resin extracted from any part of such plant; and every compound,

manufacture, salt derivative, mixture or preparation of such plant, its seeds or resin, but shall not

include:

(1) the mature stalks ofsuch plant or fiber produced from such stalks,

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(2) oil or cake made from the seeds of such plant, including cannabidiol derived

from the seeds ofthe marijuana plant,

(3) any other compound, manufacture, salt, derivative, mixture or preparation of

such mature stalks (except the resin extracted therefrom), including cannabidiol derived from

mature stalks, frber, oil or cake,

(4) the sterilized seed of such plant which is incapable of germination,

(5) for any person participating in a clinical trial to administer cannabidiol for the

featment of severe forms ofepilepsy,

(6) for any person or the parents, legal guardians or caretakers of the person who

have received a written certification from a physician licensed in this state that the person has been

diagnosed by a physician as having Lennox-Gastaut syndrome, Dravet syndrome, also known as

severe myoclonic epilepsy of infancy, or any other severe form ofepilepsy that is not adequately

treated by tradition medical therapies, spasticity due to mulfiple sclerosis or due to paraplegi4

intractable nausea and vomiting, appetite stimulation with chronic wasting diseases, the substance

cannabidiol, a non psychoactive cannabinoid, found in the plant Cannabis sativa L or any other

preparation thereof, that has a tetrahydrocannabinol concentration not more than three-tenths of

one percent (0.3%) and that is delivered to the patient in the form ofa liquid,

(7) any federal Food-and-Drug Administration approved drug or substance, or

(8)industrial hemp, from the plant Cannabis sativa L and any part of such plant,

whether growing or not, with a delta-9 tetrahydrocannabinol concentration not more than threetenths of one percent (0.3%) on a dry-weight basis which shall only be grown pursuant to the

Oklahoma Industrial Hemp Program and may be shipped intrastate and interstate.

(r) " Methamphetamine precursor drug", means any drug containing ephedrine,

pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers, or salts of optical

isomers;

(s) "Narcotic drug" means any of the following, whether produced directly or indirectly

by extraction from substance ofvegetable origin, or independently by means ofchemical synthesis,

or by a combination ofextraction and chemical synthesis:

(l) opium, coca leaves and opiates,

(2) a compound, manufacture, salt, derivative or preparation of opium, coca leaves

or opiates,

(3) cocaine, its salts, optical and geometric isomers, and salts of isomers,

(4) ecgonine, its derivatives, their salts, isomers and salts of isomers, and

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(5) a substance, and any compound, manufacture, salt, derivative or preparation

thereof, which is chemically identical with any of the substances referred to in subparagraphs (1)

through (4) ofthis section, except that the words narcotic drug as used in this title shall not include

decocainized coca leaves or extracts of coca leaves. which extracts do not contain cocaine or

ecgonine.

(t) "Opiate" or "opioid" means any Schedule II, III, IV or V substance having an addictionforming or addiction-sustaining liability. The terms do not include, unless specifically designated

under this Title, the dextrorotatory isomer of 3-methoxy-n-methyl-morphinan and its salts

(dextromethorphan). The terms do include the racemic and levorotatory forms.

(u) "Opium poppy" means the plant ofthe species Papaver somniferous L, except the seeds

thereof.

(v) " Person", means an individual, corporation, govemment or govemmental subdiviston

or agency, business trust, estate, trust, partnership, joint venture, association, or any other legal or

commercial entity;

(w) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.

(x) " Possessed" or "possessing a controlled substance", means a person, with the

knowledge ofthe presence and nature ofa substance, has actual or constructive possession ofthe

substance. A person has actual possession if he has the substance on his person or within easy

reach and convenient control. A person who, although not in actual possession, has the power and

the intention at a given time to exercise dominion or control over the substance either directly or

through another person or persons is in constructive possession of it. Possession may also be sole

or joint. If one person alone has possession of a substance, possession is sole. If two or more

persons share possession ofa substance, possession isjoint;

(y) "Production", includes the manufacture, planting, cultivation, growing, or harvesting

ofdrug paraphemalia or ofa controlled substance or an imitation controlled substance;

(z) "Sale", includes barter, exchange, or gift, or offer therefore, and each such transaction

made by any person, whether as principal, proprietor, agent, servant or employee.

(aa) a. "Synthetic controlled substance" means a substance:

(l) the chemical structure of which is substantially similar to the chemical structure

ofa controlled dangerous substance in Schedule I or II,

(2) which has a stimulant, depressant, or hallucinogenic effect on the central

nervous system that is substantially similar to or greater than the stimulant, depressant or

hallucinogenic effect on the central nervous system of a controlled dangerous substance in

Schedule I or II, or

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(3) with respect to a particular person, which such p€rson represents or intends to

have stimulant, depressant, or hallucinogenic effect on the central nervous system that is

substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the

central nervous system ofa controlled dangerous substance in Schedule I or II.

b. The designation of gamma butyrolactone or any other chemical as a precursor,

pursuant to this Title, does not preclude a finding pursuant to subparagraph (a) of this paragraph

that the chemical is a synthetic controlled substance.

c. "Synthetic controlled substance" does not include:

(1) a controlled dangerous substance,

(2) any substance for which there is an approved new drug application,

(3) with respect to a particular person any substance, if an exemption is in effect for

investigational use, for that person under the provisions ofSection 505 ofthe Federal Food, Drug

and Cosmetic Act, Title 2l of the United States Code, Section 355, to the extent conduct with

respect to such substance is pursuant to such exemption, or

(4) any substance to the extent not intended for human consumption before such an

exemption takes effect with respect to that substance.

d. Prima facie evidence that a substance containing salvia divinorum has been

enhanced, concentrated or chemically or physically altered shall give rise to a rebuttable

presumption that the substance is a synthetic controlled substance.

(bb) "Tetrahydrocannabinols" means all substances that have been chemically synthesized

to emulate the tetrahydrocannabinol of marijuan4 specifically including any tetrahydrocannabinol

derived from industrial hemp.

CHAPTERTWO

SCHEDULES

Section 201. Schedule Administration.

(a) The schedules provided by this Code include the controlled dangerous substances listed

or to be listed by whatever offrcial name, common or usual name, chemical name, or trade name

designated.

(b) The schedules listed in the Wyandotte Nation Controlled Dangerous Substances Code

are directly parallel to the Oklahoma Controlled Substance Act. The Wyandotte Nation shall revise

and republish the schedules of the Wyandotte Nation Controlled Dangerous Substances Code as

necessary.

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method of identification, including, but not limited to, identification by a trained officer, by field

tests, or by laboratory tests.

(d) Chemical substances that are structurally similar to controlled substances are to be

treated as controlled substances under the Wyandotte Nation Controlled Dangerous Substances

Code.

Section 202. Schedule I.

The controlled substances listed in this section are included in Schedule I and include any material,

compound, mixture or preparation that contains any quantity of the following hallucinogenic

substances, their salts, isomers and salts of isomers, unless specifically excepted, when the

existence of these salts, isomers and salts of isomers is possible within the specific chemical

designation.

(a) Any of the following opiates including their isomers, esters, ethers, salts, and salts of

isomers, esters, and ethers, unless specifically excepted, when the existence of these isomers,

esters, ethers, and salts is possible within the specific chemical designation:

1. Acetylmethadol;

2. Allylprodine;

3. Alphacetylmethadol;

4. Alphameprodine;

5. Alphamethadol;

6. Benzethidine;

7. Betacetylmethadol;

8. Betameprodine;

9. Betamethadol;

10. Betaprodine;

I 1. Clonitazene;

12. Dextromoramide;

13. Dextrorphan (except its methyl ether);

14. Diampromide;

I 5. Diethylthiambutene;

16. Dimenoxadol;

17. Dimepheptanol;

I 8. Dimethylthiambutene;

I 9. Dioxaphetyl butlrate;

20. Dipipanone;

21. Ethylmethylthiambutene;

22.Eto tazene1,

23. Etoxeridine;

24. Furethidiae;

25. Hydroxl,pethidine;

26. Isotonitazene;

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27. Ketobemidone;

28. Levomoramide;

29. Levophenacylmorphan;

30. Metonitazene;

31. Morpheridine;

32. N-desethyl isotonitazene;

33. Noracymethadol;

34. Norlevorphanol;

35. Normethadone;

36. Norpipanone;

37. Phenadoxone;

38. Phenampromide;

39. Phenomorphan;

40. Phenoperidine;

41 . Piritramide;

42. Proheptazine;

43. Properidine;

44. Protonitazene;

45. Racemoramide; or

46. Trimeperidine.

(b) Any ofthe following opium derivatives, their salts, isomers, and salts of isomers, unless

specifically excepted, when the existence ofthese salts, isomers, and salts of isomers is possible

within the specific chemical designation:

Acetorphine;

2. Acetyldihydrocodeine;

3. Benzylmorphine;

4. Codeine methylbromide;

5. Codeine-N-Oxide;

6. Cyprenorphine;

7. Desomorphine;

8. Dihydromorphine;

9. Etorphine;

10. Heroin;

I 1. Hydromorphinol;

12. Methyldesorphine;

I 3. Methylhydromorphine;

1 4. Morphine methylbromide;

1 5. Morphine methylsulfonate;

16. Morphine-N-Oxide;

17. Myrophine;

18. Nicocodeine;

19. Nicomorphine;

20. Normorphine;

21. Phoclodine;

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22. Thebacon;

23. N-phenyl-N-[ l -(2-phenylethyl)-4-piperidinyl]-acetamide (Acetyl fentanyl);

24.N-phenyl-N-[-(2-phenylethyl)*4-piperidinyl]-butenamide (Crotonyl fentanyl);

25.N-phenyl-N-[-(2-phenylethyl)4-piperidinyl]-2-firancarboxamide (Furanyl

fentanyl);

26. N-phenyl- I -(2-phenylethyl)-4-piperidinamine (4-ANPP);

27.N-( 1 -phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide

(Cyclopropyl fentanyl); or

28. N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-butanamide (Butyrl fentanyl).

following hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically

excepted, when the existence of these salts, isomers, and salts of isomers is possible within the

specifi c chemical designation:

1. Methcathinone;

2. 3, 4-methylenedioxy amphetamine;

3. 3, 4-methylenedioxy methamphetamine;

4. S-methoxy-3, 4-methylenedioxy amphetamine;

5. 3, 4, 5-trimethoxy amphetamine;

6. Bufotenine;

7. Diethyltryptamine;

8. Dimethyltryptamine;

9. 4-methyl-2, 5dimethoxyamphetamine;

10. Ibogaine;

I 1. Lysergic acid diethylamide;

12. Marijuana;

13. Mescaline;

14. N-benzylpiperazine;

l'5. N-ethyl-3-piperidyl benzilate;

I 6. N-methyl-3-piperidyl benzilate;

17. Psilocybin;

18. Psilocyn;

19. 2, 5 dimethoxyamphetamine;

20. 4 Bromo-2, 5-dimethoxyamphetamine;

21. 4 methoxyamphetamine;

22. Cyclohexamine;

23. Salvia Divinorum;

24. Salvinorin A;

25. Thiophene Analog ofPhencyclidine. Also known as: I -(1-(2-thienyl)

cyclohexyl) piperidine; 2-Thienyl Analog of Phencyclidine; TPCP, TCP;

26. Phencyclidine (PCP);

27. Pyrrolidine Analog for Phencyclidine. Also known as 1 -( l-Phenylcyclohexyl)

- Pyrrolidine, PCPy, PHP;

28. I -(3-trifluoromethylphenyl) piperazine;

29. Flunitrazepam;

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0. B-hydroxy-amphetamine;

31. B-ketoamphetamine;

32. 2,5-dimethoxy-4-nitroamphetamine;

33. 2,5-dimethoxy-4-bromophenethylamine;

34. 2,5-dimethoxy-4-chlorophenethylamine;

35. 2,5-dimethoxy-4-iodoamphetamine;

36. 2,5-dimethoxy-4-iodophenethylamine;

37. 2,5-dimethoxy-4-methylphenethylamine;

38. 2,5-dimethoxy-4-ethylphenethylamine;

39. 2,5-dimethoxy-4-fluorophenethylamine;

40. 2,5-dimethoxy-4-nitrophenethylamine;

41. 2,5-dimethoxy-4-ethylthio-phenethylamine;

42. 2,5 - dimethoxy-4-isopropylthio-phenethylamine ;

43. 2,5-dimethoxy-4-propylthio-phenethylamine;

44. 2,5-dimethoxy-4-cyclopropylmethylthio-phenethylamine;

45. 2,5-dimethoxy-4-tert-butylthio-phenethylamine;

46. 2,5-dimethoxy-4-(2-fl uoroethylthio)-phenethylamine;

47. 5-methoxy-N, N-dimethyltryptamine;

48. N-methyltryptamine;

49. A-ethyltryptamine;

5 0. A-methyltryptamine;

51. N, N-diethyltryptamine;

52. N, N-diisopropyltryptamine;

53. N, N-dipropyltryptamine;

54. 5-methoxy-a-methyltryptamine:

55. 4-hydroxy-N, N-diethyltryptamine;

56. 4-hydroxy-N, N-diisopropyltryptamine;

57. 5-methoxy-N, N-diisopropyltryptamine;

58. 4-hydroxy-N-isopropyl-N-methyltryptamine;

59. 3,4-Methylenedioxymethcathinone (Methylone);

60. 3,4-Methylenedioxypynovalerone (MDPV);

61. 4-Methylmethcathinone (Mephedrone);

62. 4-methoxymethcathinone:

63. 4-Fluoromethcathinone;

64. 3-Fluoromethcathinone;

65. l-(8-bromobenzo 1,2-b;4,5-b' difiran-4-yl)-2-aminopropane;

66. 2,5-Dimethoxy-4-chloroamphetamine;

67. 4-Methylethcathinone;

68. Pyrovalerone;

69. N,N-diallyl-5-methoxytryptamine;

70. 3,4-Methylenedioxy-N-ethylcathinone (Ethylone);

71. B-keto-N-Methylbenzodioxolylbutanamine (Butylone);

72. B-keto-Methylbenzodioxolylpentanamine (Pentylone);

73. Alpha-Pyrrolidinopentiophenone;

74. 4-Fluoroamphetamine;

75. Pentedrone;

Title l0 - Page 15

76. 4'-Methyl-a-pynolidinohexaphenone;

77. 2,5-dimethoxy-4-(n)-propylphenethylamine;

78. 2.5-dimethoxyphenethylamine;

9. 1,4-Dibenzylpiperazine;

80. NN-Dimethylamphetamine;

81. 4-Fluoromethamphetamine;

82.4-Chloro-2,5-dimethoxy-N-(2-methoxybenzyl)phenethylamine(25C-NBOMe);

83. 4-Iodo-2,5-dimethoxy-N-(2-methoxybenzyl)phenethylamine (25I-NBOMe);

84. 4-Bromo-2,5-dimethoxy-N-(2-methoxybenzy)phenethylamine(25B-NBOMe);

85. I 14-Fluorophenyl)piperazine:

86. Methoxetamine;

87. 3,4-dichloro-N[2-dimethylamino)cyclohexyl]-N-methylbenzamide;

88. N-ethyl hexadrone;

89. lsopropyl-U-47700;

90. Para- fl uorobutyrl fentanyl;

91. Fluoro isobutryrl fentanyl:

92. 3-Hydroxy Phencyclidine (PCP);

93. 3-methoxy Phencyclidine (PCP);

94. Flualprazolam; or

95. Flubromazolam.

(d) Unless specifically excepted or unless listed in a different schedule, any material,

compound, mixture, or preparation which contains any quantity ofthe following substances having

stimulant or depressant effect on the central nervous system:

1. Fenethylline;

2. Mecloqualone;

3. N-ethylamphetamine;

4. Methaqualone;

5. Gamma-Hydroxybutyric Acid, also known as GHB, gamma-hydroxybutyrate,

4-hydroxybutyrate, 4-hydroxybutanoic acid, sodium oxybate, and sodium

oxybut),rate;

6. Gamma-Butl,rolactone (GBL) as packaged, marketed, manufactured or

promoted for human consumption, with the exception of legitimate food additive

and manufacturing puposes;

7. Gamma Hydroxyvalerate (GHV) as packaged, marketed, or manufactured for

human consumption, with the exception of legitimate food additive and

manufacturing purposes;

8. Gamma Valerolactone (GVL) as packaged, marketed, or manufactured for

human consumption, with the exception of legitimate food additive and

manufacturing puposes;

9. I ,4 Butanediol ( 1 ,4 BD or BDO) as packaged, marketed, manufactured, or

promoted for human consumption with the exception of legitimate

manufacturing purposes; or

10. N-ethylpentylone.

Title l0 - Page 16

(e) The following industrial uses of Gamma-Butyrolactone, Gamma Hydrorywalerate,

Gamma Valerolactone, or 1,4 Butanediol are excluded from all schedules ofcontrolled substances

under this title:

1. pesticides,

2. photochemical etching,

3. electrolyes of small batteries or capacitors,

4. viscosity modifiers in polyurethane,

. surface etching of metal coated plastics,

6. organic paint disbursements for water soluble inks,

7. pH regulators in the dyeing of wool and polyamide fibers,

8. foundry chemistry as a catalyst during curing,

9. curing agents in many coating systems based on urethanes and amides,

10. additives and flavoring agents in food, confectionary, and beverage products,

1 1. synthetic fiber and clothing production,

1 2. tetrahydrofuran production,

13. gamma butyrolactone production,

14. polybutylene terephthalate resin production,

15. polyester raw materials for pollurethane elastomers and foams,

16. coating resin raw material, and

17. as an intermediate in the manufacture ofother chemicals and pharmaceuticals.

(f) Any material, compound, mixture, or preparation, whether produced directly or

indirectly from a substance of vegetable origin or independently by means of chemical synthesis,

or by a combination of extraction and chemical synthesis, that contains any quantity of the

following substances, or that contains any of their salts, isomers, and salts of isomers when the

existence of these salts, isomers, and salts of isomers is possible within the specific chemical

desigrration :

1. JWH-004;

2. JWH-007;

3. JWH-009;

4. JWH-015;

5. JWH-016;

6. JWH-018;

7. JWH-019;

8. JWH-020;

9. JWH-030;

10. JWH-046;

11. JWH-047;

12. JWH-048;

13. JWH-049;

14. JWH-050;

15. JWH-070;

16. JWH-071;

17. JWH-072;

Titlel0-PagelT

18. JWH-073;

19. rWH-076;

20. JWH-079;

21. JWH-080;

22. JWH-081;

23. JWH-082;

24. JWH-094;

25. JWH-096;

26. JWH-098;

27. JWH-I16;

28. JWH-120;

29. JWH-122;

30. JWH-145;

31. JWH-146;

32. I\NH-147;

33. JWH-148;

34. JWH-149;

35. JWH-I50;

36. JWH-I56;

37. l\N}]-167;

38. JWH-175;

39. JWH-I80;

40. JWH-I8l;

41. JWH-I82;

42. tt$41-184;

43. JWH-I85;

44. JWH-189;

45. JWH-192;

46. JWH-193;

47. JWH-194;

48. JWH-195;

49. JWH-196;

50. JWH-I97;

51. JWH-I98;

52. JWH-199;

53. JWH-200;

54. JWH-201;

55. JWH-202;

56. JWH-203;

57. JWH-204;

58. JWH-205;

59. JWH-206;

60. JWH-207;

61. JWH-208;

62. IWH-209;

63. JWH-210;

Title l0 - Page I 8

64. JWH-211;

65. JWH-212;

66. JWH-21}

67. JWH-234:

68. JWH-235;

69. JWH-236;

70. JWH-237;

71. JWH-239;

72. t1*4r-240;

73. tWH-241;

74. JWH-242;

75. JWH-243;

76. IWH-244;

77. JINH-245;'

78. tW'H-246;

79. IWH-248;

80. rwH-249;

81. JWH-250;

82. JWH-251;

83. JWH-252;

84. JWH-253;

85. JWH-262;

86. JWH-292;

87. JWH-293;

88. JWH-302;

89. JWH-303;

90. JWH-304;

91. JWH-305;

92. JWH-306;

93. JWH-307;

94. JWH-308;

95. JWH-3ll;

96. JWH-312;

97. JWH-313;

98. JWH-314;

99. JWH-315;

100. JWH-316;

l0l. JWH-346;

102. JWH-348;

103. JWH-363;

104. JWH-364;

105. JWH-365;

106. JWH-367;

107. JWH-368;

108. JWH-369;

109. JwH-370;

Title l0 - Page 19

110. JWH-371;

111. JWH-373;

112. JWH-386;

113. JWH-387;

114. JWH-392;

115. JWH-394;

116. JWH-395;

117. JWH-397;

1r8. JWH-398;

n9. JWH-399;

120. JWH*400;

121. JWH4I2;

122. JWH-413;

123. lWH4t4;

r24. JWH4I5;

125. CP-55,940;

126. CP-47,497:'

127. HU-210;

128. HU-21l;

129. WIN-55,212-2;

130. AM-2201;

131. AM-2233;

I 32. JWH-01 8 adamantyl-carboxamide;

133. AKB48;

134. JWH-122 N-(4-pentenyl)analog;

135. MAM220I;

136. URB597;

137. URB602;

138. URB754;

139. UR144;

140. XLR1 l;

r4r. A-796,260;

142. STS-135;

I43. AB.FUBINACA;

I,I4. AB-PINACA;

145. PB-22;

146. AKB48 N-5-Fluorpentyl;

147. AMl248;

148. FUB-PB-22;

149. ADB.FUBINACA;

150. BB-22;

l5l. 5-Fluoro PB-22; or

152. S-Fluoro AKB-48.

(g) In addition to those substances listed in subsection F ofthis section, unless specifically

excepted or unless listed in another schedule, any material, compound, mixture, or preparation

Title l0 - Page 20

which contains any quantity of a synthetic cannabinoid found to be in any of the following

chemical groups:

1. Naphthoylindoles: any compound containing a 3-( 1-naphthoyl)indole structure

with or without substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,

cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, 1-(N-methyl-2piperidinyl)methyl, 2-(4-morpholinyl)ethyl, l-(N-methyl-2-pyrrolidinyl)methyl, l-(N-methyl-3morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, l-methylazepanyl, phenyl, or halophenyl

group, whether or not further substituted on the indole ring to any extent, and whether or not

substituted on the naphthyl ring to any extent. Naphthoylindoles include, but are not limited to:

i. I -[2-(4-morpholinyl)ethyl]-3-(1 -naphthoyl)indole (JWH-200),

ii. l -(5-fluoropentyl)-3-( l -naphthoyl)indole (AM220l ),

iii. 1-pentyl-3-(l-naphthoyl)indole (JWH-O1 8),

iv. -butyl-3-(1 -naphthoyl)indole (JWH-073),

v. I -pentyl-3-(4-methoxy- I -naphthoyl)indole (JWH-081 ),

vi. -propyl-2-methyl-3-(l -naphthoyl)indole (JWH-O1 5),

vii. l-hexyl-3-(1 -naphthoyl)indole (JWH-019),

viii. l-pentyl-3-(4-methyl-l -naphthoyl)indole (JWH-122),

ix. I -pentyl-3-(4-ethyl-l -naphthoyl)indole (iWH-21 0),

x. -pentyl-3-(4-chloro-l-naphthoyl)indole (JWH-398),

xi. I -pentyl-2-methyl-3-(1 -naphthoyl)indole (JWH-007),

xii. l-pentyl-3-(7-methoxy-1-naphthoyl)indole (JWH-164),

xiii. 1-pentyl-2-methyl-3-(4-methoxy-1-naphthoyl)indole (JWH-098),

xiv. -pentyl-3 -(4-fluoro- I -naphthoyl)indole (JWH4 t 2),

xv. I -[ I -(N-methyl-2-piperidinyl)methyl]-3-( 1-naphthoyl)indole (AM-1220),

xvi. 1 -(5-fluoropentyl)-3-(4-methyl-l -naphthoyl)indole (MAM-2201 ), or

xvii. I -(4-cyanobutyl)-3-( l -naphthoyl)indole (AM-2232);

2. Naphthylmethylindoles: any compound containing a 1H-indol-3-yl-(l naphthyl)methane structure with or without substitution at the nitrogen atom of the indole ring by

an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, l-

(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1 -(N-methyl-2-pynolidinyl)methyl, I (N-methyl-3- morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, l -methylazepanyl, phenyl, or

halophenyl group. whether or not firther substituted on the indole ring to any extent, and whether

or not substituted on the naphthyl ring to any extent. Naphthylmethylindoles include, but are not

limited to, (l-pentylindol-3-yl)(1 -naphthyl)methane (JWH-1 75);

3. Naphthoylpyrroles: any compound containing a 3-( 1-naphthoyl)pyrrole

structure with or without substitution at the nitrogen atom ofthe pynole ring by an alkyl, haloalkyl,

cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkytethyl, benzyl, halobenzyl, l-(N-methyl-2piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)melhyl, l -(N-methyl-3morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, l-methylazepanyl, phenyl, or halophenyl

group, whether or not further substituted on the pyrrole ring to any extent, and whether or not

substituted on the naphthyl goup to any extent. Naphthoylpyrroles include, but are not limited to:

Title l0 - Page 2l

i. I -hexyl-2-phenyl-4-( I -naphthoyl)pynole (JWH- 147),

ii. l-pentyl-5-(2-methylphenyl)-3-(1-naphthoyl)pynole (JWH-370),

iii. l -pentyl-3-( I -naphthoyl)pyrrole (JWH-030), or

iv. I -hexyl-5-phenyl-3-( I -naphthoyl)pynole (JWH- 147);

Naphthylideneindenes: any compound containing a

1-(l-

naphthylmethylene)indene structue with or without substitution at the 3-position of the indene

ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl,

halobenzyl, I -(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, I -(N-methyl-2-

pyrrolidinyl)methyl, l-(N-methyl-3-morpholinyl)methyl, (teuahydropyran4-yl)methyl,

methylazepanyl, phenyl, or halophenyl group, whether or not further substituted on the indene

group to any extent, and whether or not substituted on the naphthyl group to any

extent. Naphthylmethylindenes include, but are not limited to, ( I -[(3-pentyl)- lH-inden- l ylidene)methyllnaphthalene (JWH- 1 76);

5. Phenylacetylindoles: any compound containing a 3-phenylacetylindole structure

with or without substitution at the nitrogen atom ofthe indole ring by alkyl, haloalkyl, cyanoalkyl,

alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, 1-(N-methyl-2-

piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, l-methylazepanyl, phenyl, or halophenyl

group, whether or not further substituted on the indole ring to any extent, and whether or not

substituted on the phenyl ring to any extent. Phenylacetylindoles include, but are not limited to:

i. l -pentyl-3-(2-methoxyphenylacetyl)indole (iWH-250),

ii. -(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8),

iii. l -pentyl-3-(2-chlorophenylacetyl)indole (JWH-203),

iv. I -pentyl-3-(2-methylphenylacetyl)indole (JWH-25 1),

v. I -pentyl-3-(4-methoxyphenylacetyl)indole (JWH-201), or

vi. I -pentyl-3-(3-methoxyphenylacetyl)indole (JWH-302);

any

compound containing

2-(3Cyclohexylphenols:

hydroxycyclohexyl)phenol structure with or without substitution at the 5-position ofthe phenolic

ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylrnethyl, cycloalkylethyl, benzyl,

halobenzyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, l-(N-methyl-2-

pynolidinyl)methyl, l-(N-methyl-3- morpholinyl)methyl, (tetrahydropyran4-yl)methyl, lmethylazepanyl, phenyl, or halophenyl group, and whether or not further substituted on the

cyclohexyl ring to any extent. Cyclohexylphenols include, but are not limited to:

i. 5-( I , I -dimethylheptyl)-2-[( 1&3S)-3-hydroxycyclohexyl]-phenol (CP-47 ,497),

ii. 5-( l, I -dimethyloctyl)-2-[(l R,3S)-3-hydroxycyclohexyl]-phenol

(cannabicyclohexanol; CP47,497 C8 homologue), or

iii. 5-(1,1-dimethylheptyl)-2-[(lR"2R)-5-hydroxy-2-(3hydroxypropyl)cyclohexyll-phenol (CP 55, 940);

7. Benzoylindoles: any compound containing a 3-(benzoyl)indole structure with or

without substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl,

Title l0 - Page 22

alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, l-(N-methyl-2piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1 -(N-methyl-2-pyrrolidinyl)methyl, I -(N-methyl-3morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, l-methylazepanyl, phenyl, or halophenyl

group, whether or not further substituted on the indole ring to any extent, and whether or not

substituted on the phenyl $oup to any extent. Benzoylindoles include, but are not limited to:

i. -pentyl-3-(4-methoxybenzoyl)indole (RCS4),

ii. l -[2-(4-morpholinyl)ethyl]-2-methyl-3-(4-methoxybenzoyl)indole

(Pravadoline or WIN 48, 098),

iii. 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694),

iv. 1-pentyl-3-(2-iodobenzoyl)indole (e1q-679r, o.

v. 1-[ l -(N-methyl-2-piperidinyl)methyl]-3-(2-iodobenzoyl)indole

( ltM-2233);

8. Cyclopropoylindoles: Any compound containing a 3-(cyclopropoyl)indole

structure with substitution at the nitrogen atom ofthe indole ring by an alkyl, haloalkyl, cyanoalkyl,

alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, I -(N-methyl-2piperidinyl)methyl, 2-(4-morpholinyl)ethyl, l -(N-methyl-2-pynolidinyl)methyl, 1-(N-methyl-3morpholinyl)methyl, (tetrahydropyan-4-yl)methyl, l -methylazepanyl, phenyl, or halophenyl

group, whether or not further substituted in the indole ring to any extent and whether or not

substituted in the cyclopropoyl ring to any extent. Cyclopropoylindoles include, but are not

limited to:

i. l-pentyl-3-(2,2,3,3-tetramethylcyclopropoyl)indole (UR-l 44),

ii. -(5-chloropentyl)-3-(2,2,3,3-tetramethylcyclopropoyl)indole (5CI-UR-1214), or

iii. I -(5-fluoropentyl)-3-(2,2,3,3-tetramethylcyclopropoyl)indole (XLRI l);

9. Indole Amides: Any compound containing a I H-lndole-3-carboxamide

structure with or without substitution at the nitrogen atom ofthe indole ring by an alkyl, haloalkyl,

cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, 1-(N-methyl-2piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pynolidinyl)methyl, 1-(N-methyl-3morpholinyl)methyt, (tetrahydropyran-4-yl)methyl, l-methylazepanyl, phenyl, or halophenyl

group, whether or not substituted at the carboxamide group by an adamantyl, naphthyl, phenyl,

benzyl, quinolinyl, cycloalkyl, l-amino-3-methyl-l-oxobutan-2-yl, I -amino-3,3-dimethyl-1oxobutan-2-yl, 1-methoxy-3-methyl-1-oxobutan-2-yl, 1-methoxy-3,3-dimethyl- I -oxobutan-2-yl

or pyrrole group, and whether or not firther substituted in the indole, adamantyl, naphthyl, phenyl,

pynole, quninolinyl, or cycloalkyl rings to any extent. Indole Amides include, but are not limited

to:

i. N-( -adamantyl)- -pentyl- H-indole-3 -carboxamide (2NE I ),

ii. N-( l -adamantyl)- I -(5-fluoropentyl- 1H-indole-3-carboxamide (STS-135),

iii. N-( l -amino-3,3-dimethyl- 1-oxobutan-2-yl)- l -pentyl-l H-indole-31

carboxamide (ADBICA),

iv. N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-l-(5-fluoropentyl)-lH-indole-3carboxamide (5F-ADBICA),

v. N-(naphthalen-l-yl)-1-pentyl-1H-indole-3-carboxamide (NNEI),

Title l0 - Page 23

vi l -(5-fluoropentyl)-N-(naphthalene- l -yl)- 1H-indole-3-carboxamide (5FNNEI),

vii. N-benzyl-1 -pentyl-1 H-indole-3-carboxamide (SDB-006), or

viii. N-benzyl-1-(5-fluoropentyl)-1H-indole-3-carboxamide (5F-SDB-006);

10. Indole Esters: Any compound containing a 1H-lndole-3-carboxylate structure

with or without substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,

cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, I -(N-methyl-2piperidinyl)methyl, 2-(4-morpholinyl)ethyl, l-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3morpholinyl)methyl, (tetrahydropyran4-yl)methyl, I -methylazepanyl, phenyl, or halophenyl

group, whether or not substituted at the carboxylate group by an adamantyl, naphthyl, phenyl,

benzyl, quinolinyl, cycloalkyl, 1-amino-3-methyl-1-oxobutan-2-yl, 1-amino-3,3-dimethyl-1oxobutan-2-yl, 1-methoxy-3-methyl-1-oxobutan-2-yl, I -methoxy-3,3-dimethyl- 1-oxobutan-2-yl

or pyrrole group, and whether or not further substituted in the indole, adamantyl, naphthyl, phenyl,

pyrrole, quinolinyl, or cycloalkyl rings to any extent. lndole Esters include, but are not limited to:

i. quinolin-8-yl l-pentyl-l H-indole-3-carboxylate (PB-22),

ii. quinolin-8-yl I -(5-fluoropentyl)- 1H-indole-3-carboxylate (5F-PB-22),

iii. quinolin-8-yl 1-(cyclohexylmethyl)- l H-indole-3-carboxylate (BB-22),

iv. naphthalen- I -yl I -(4-fluorobenzyl)-l H-indole-3-carboxylate (FDU-PB-22), or

v. naphthalen-l-yl 1 -(5-fluoropentyl)-l H-indole-3-carboxylate (NM2201 );

. Adamantanoylindoles: Any compound containing an adamantanyl-( I H-indot-

3-yl)methanone structure with or without substitution at the nitrogen atom of the indole ring by an

alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, 1-(Nmethyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, l-(N-methyl-2-pyrrolidinyl)methyl, 1-(Nmethyl-3- morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, l-methylazepanyl, phenyl, or

halophenyl group, whether or not further substituted in the indole ring to any extent and whether

or not substituted in the adamantyl ring to any extent. Adamantanoylindoles include, but are not

limited to:

i. adamantan- l -yl[ -[(1 -methyl-2-piperidinyl)methyl]-l H-indol-3-yllmethanone

(AMl248), or

ii. adamantan- l -yl-( l -pentyl- 1H-indol-3-yl)methanone (AB-001);

12. Carbazole Ketone: Any compound containing (9H-carbazole-3-yl) methanone

structure with or without substitution at the nitrogen atom of the carbazole ring by an alkyl,

haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, l-(Nmethyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, I -(N-methyl-2-pyrrolidinyl)methyl, 1-(Nmethyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, I -methylazepanyl, phenyl, or

halophenyl group, with substitution at the carbon of the methanone group by an adamantyl,

naphthyl, phenyl, benzyl, quinolinyl, cycloalkyl, I -amino-3-methyl- 1-oxobutan-2-yl, 1-amino3,3-dimethyl- 1-oxobutan-2-yl, 1 -methoxy-3-methyl- 1 -oxobutan-2-yl, 1-methoxy-3,3-dimethyl-1oxobutan-2-yl or pyrrole group, and whether or not further substituted at the carbazole, adamantyl,

naphthyl, phenyl, pynole, quinolinyl, or cycloalkyl rings to any extent. Carbazole Ketones

include, but are not limited to, naphthalen- 1 -yl(9-pentyl-9H-carbazol-3-yl)methanone (EG-O18);

Title l0 - Page 24

13. Benzimidazole Ketone: Any compound containing (benzimidazole-2-yl)

methanone structure with or without substitution at either nitrogen atom ofthe benzimidazole ring

by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl,

2-(4-morpholinyl)ethyl, 1 -(N-methyl-2-pynolidinyl)methyl,

l-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran4-yl)methyl, l-methylazepanyl, phenyl, or

halophenyl group, with substitution at the carbon of the methanone group by an adamantyl,

naphthyl, phenyl, benzyl, quinolinyl, cycloalkyl, I -amino-3-methyl- I -oxobutan-2-yl, 1-amino3,3-dimethyl-l-oxobutan-2-yl, I -methoxy-3-methyl- 1-oxobutan-2-yl, 1-methoxy-3,3-dimethyl- I oxobutan-2-yl or pyrrole group, and whether or not fi.rther substituted in the benzimidazole,

adamantyl, naphthyl, phenyl, pyrrole, quinolinyl, or cycloalkyl rings to any extent. Benzimidazole

Ketones include, but are not limited to:

l -(N-methyl-2-piperidinyl)methyl,

i. naphthalen- I -yl( I -pentyl- I H-benzo[d]imidazol-2-l)methanone (JWH-01 8

benzimidazole analog), or

ii. ( I -(5-fluoropentyl)- I H-benzo[d]imidazol-2-yl)(naphthalen- I -yl)methanone

(FUBIMNA); and

14. Modified by Replacement: any compound defined in this subsection that is

modified by replacement ofa carbon with nitrogen in the indole, naphthyl, indene, benzimidazole,

or carbazole ring.

(h) Any prescription drug approved by the Federal Food and Drug Administration under

the provisions of Section 505 of the Federal Food, Drug and Cosmetic Act, Title 2l of the United

States Code, Section 355, that is designated, rescheduled or deleted as a controlled substance under

federal law by the United States Drug Enforcement Administration shall be excluded from

Schedule I and shall be prescribed, disributed, dispensed or used in accordance with federal law

upon the issuance of a notice, final rule or interim final rule by the United States Drug Enforcement

Administration designating, rescheduling or deleting as a controlled substance such a drug product

under federal law.

Section 203. Schedule ll.

(a) Schedule II includes substances with the following characteristics: high potential for

abuse; currently accepted medical use in the United States, or crlrently zrccepted medical use with

severe restrictions: and the abuse of the substance may lead to severe psychological or physical

dependence.

(b) The controlled substances listed in this section are included in Schedule II and include

any of the following substances except those narcotic drugs listed in other schedules whether

produced directly or indirectly by extraction from substances ofvegetable origin, or independently

by means of chemical synthesis, or by combination of extraction and chemical synthesis:

l. Opium and opiate, and any salt, compound. derivative, or preparation ofopium

or opiate;

Title l0 - Page 25

2. Any salt, compound, isomer, derivative, or preparation thereof which is

chemically equivalent or identical with any of the substances referred to in paragraph 1 of this

subsection, but not including the isoquinoline alkaloids of opium;

3. Opium poppy and poppy straw; or

4. Coca leaves except coca leaves and extracts of coca leaves from which cocaine,

ecgonine, and derivatives ofecgonine or their salts have been removed; cocaine, its salts, optical

and geometric isomers, and salts of isomers; ecgonine, its derivatives, their salts, isomers and salts

of isomers; or any compound, mixture or preparation which contains any quantity of any of the

substances referred to in this paragraph.

isomers, esters and ethers, when the existence of these isomers, esters, ethers, and salts is possible

within the specific chemical desigrrationl

l. Alphaprodine;

2. Anileridine;

3. Bezitramide;

4. Dihydrocodeine;

5. Diphenoxylate;

6. Fentanyl;

7. Hydromorphone;

8. Isomethadone;

9. Levomethorphan;

10. Levorphanol;

I L Metazocine;

12. Methadone;

13. Methadone - lntermediate, 4-cyano-2-dimethylamino4, 4-diphenyl butane;

l4.Moramide - Intermediate, 2-methyl-3-morpholino-1, Idiphenyl-propanecarboxylic acid;

15. Oxycodone;

16. Oxymorphone;

I 7. Pethidine (Meperidine);

I 8. Pethidine - lntermediate - A, 4-cyano-1-methyl4-phenylpiperidine;

19. Pethidine - Intermediate - B, ethyl4-phenylpiperidine4-carboxylate;

20. Pethidine - Intermediate - C, l-methyl-4-phenylpiperidine-4-carboxylic acid;

2l . Phenazocine;

22. Piminodine;

23. Racemethorphan;

24. Racemorphan;

25. Etorphine Hydrochloride salt only;

26. Alfentanil hydrochloride;

27. Levo-alphacetylmethadol;

28. Codeine;

29. Hydrocodone;

Title l0 - Page 26

30. Morphine;

31 . Remifentanil;

32. Sufentanil;

33. Tapentadol; or

34. Tianeptine.

(d) Any substance which contains any quantity of:

Methamphetamine, including its salts, isomers, and salts of isomers;

2. Amphetamine, its salts, optical isomers, and salts of its optical isomers;

3. Nabilone; or

4. Lisdexamfetamine.

(e) Unless specifically excepted or unless listed in another schedule, any material,

compound, mixnre, or preparation, which contains any quantity of the following substances

having stimulant or depressant effect on the central nervous system:

l. Phenmetrazine and its salts;

2. Methylphenidate, including its salts, isomers and salts of isomers;

3. Amobarbital;

4. Pentobarbital;

5. Secobarbital; or

6. Ethylphenidate.

(f) Controlled Substances with Legal Use and Purpose. A person to whom or for whose use

any controlled substance in Schedule II has been prescribed, sold, or dispensed by a physician,

dentist, podiatrist, or pharmacist, or other person authorized under tribal law or state law, and the

owner of any animal for which any such drug has been prescribed, sold, or dispensed, by a

veterinarian, may lawfully possess it only in the container in which it was delivered to him by the

person selling or dispensing the same.

Section 204. Schedule III.

(a) Schedule IlI includes substances with the following chamcteristics: a potential for abuse

less than the substances listed in Schedules I and II; curently accepted medical use in treatrnent

in the United States; and abuse may lead to moderate or low physical dependence or high

psychological dependence.

(b) The controlled substances listed in this section are included in Schedule III unless listed

in another schedule, any material, compound, mixture, or preparation, which contains any quantity

of the following substances or any other substance having a potential for abuse associated witlt a

stimulant or depressant effect on the central nervous system:

I . Any drug product containing gamma-hydroxybutyric acid, including its salts, isomers,

and salts of isomers, for which an application has been approved under Section 505 ofthe Federal

Food, Drug, and Cosmetic Act;

Title l0 - Page 27

2. Any material, compound, mixture, or preparation which contains any quantity of the

following hormonal substances or steroids, including their salts, isomers, esters and salts of

isomers and esters, when the existence ofthese salts, isomers, esters, and salts of isomers and esters

is possible within the specific chemical designation:

a. Boldenone,

b. Chlorotestosterone,

c. Clostebol,

d. Dehydrochlormethyltestosterone,

e. Dihydrotestosterone,

f. Drostanolone,

g. Ethylestrenol,

h. Fluoxymesterone,

i. Forrnebolone,

j. Mesterolone,

k. Methandienone,

l. Methandranone,

m. Methandriol,

n. Methandrostenolone,

o. Methenolone,

p. Methyltestosterone, except as provided in subsection E ofthis section,

q. Mibolerone,

r. Nan&olone,

s. Norethandrolone,

t. Oxandrolone,

u. Oxymesterone,

v. Oxymetholone,

w. Stanolone,

x. Stanozolol,

y. Testolactone,

z. Testosterone, except as provided in subsection E ofthis section, and

aa Trenbolone;

3. Any substance which contains any quantity ofa derivative ofbarbituric acid, or any salt

ofa derivative of barbituric acid;

4. Benzephetarnine and its salts;

5. Buprenorphine;

6. ButalbitaUacetaminophen/caffeine;

7. Chlorhexadol;

8. Chlorphentermine and its sals;

9. Clortermine;

10. Glutethimide;

I I . Ketamine, its salts, isomers, and salts of isomers;

12. Lysergic acid;

13. Lysergic acid amide;

Title l0 - Page 28

14. Mazindol;

15. Methyprylon;

16. Phendimetrazine;

(P2P);

I 8. Sulfondiethylmethane;

I 9. Sulfonethylmethane;

20. Sulfonmethane;

2 I . Tetrahydrocannibinols;

22. 1 -Phenycyclohexylamine; or

23. 1 -Piperidinocychexanecarbo nitrile (PCC).

I 7. Phenylacetone

Livestock implants as regulated by the Federal Food and Drug Administration shall be exempt

(d) Unless listed in another schedule, any material, compound, mixture, or preparation

containing limited quantities ofany ofthe following narcotic drugs, or any salts thereof

l. Not more than one and eight-tenths (1.8) grams of codeine or any of its salts, per one

hundred (100) milliliters or not more than ninety (90) milligrams per dosage unit, with an equal or

greater quantity ofan isoquinoline alkaloid of opium;

2. Not more than one and eight-tenths (1.8) gams of codeine or any of its salts, per one

hundred (100) milliliters or not more than ninety (90) milligrams per dosage unit, with one or more

active, non-narcotic ingredients in recognized therap€utic amounts;

3. Not more than one and eight-tenths ( 1.8) grams ofdihydrocodeine or any of its salts, per

(100) milliliters or not more than ninety (90) milligrams per dosage unit, with one or

hundred

one

more active, non-narcotic ingredients in recognized therapeutic amounts:

4. Not more than three hundred (300) milligrams of ethylmorphine or any of its salts, per

one hundred (100) milliliters or not more than fifteen ( l5) milligrams per dosage unit, with one or

more ingredients in recogrrized therapeutic amounts;

5. Not more than five hundred (500) milligrams of opium per one hundred (100) milliliters

or per one hrmdred (100) grams, or not more than twenty-five (25) milligrams per dosage unit,

with one or more active, non-narcotic ingredients in recognized therapeutic amounts; or

6. Not more than fifty (50) milligrams of morphine or any of its salts, per one hundred

(100) milliliters or per one hundred ( 100) grams with one or more active, non-narcotic ingredients

in recognized therapeutic amounts.

(e) The following hormonal substances or steroids are exempt from classification as

Schedule III controlled dangerous substances:

l. Estratest, containing l 25 mg esterified estrogens and 2.5 mg methyltestosterone;

Title l0 - Page 29

2. Estratest HS, containing 0.625 mg esterified estrogens and 1.25 mg methyltestosterone;

3. Premarin with Methyltestosterone, containing 1.25 mg conjugated estrogens and 10.0

mg methyltestosterone;

4. Premarin with Methyltestosterone, containing 0.625 mg conjugated estrogens and 5.0

mg methyltestosterone;

5. Testosterone Cypionate Estrodiol Cypionate injection, containing 50 mg/ml

Testosterone Cypionate; and

6. Testosterone Enanthate - Estradiol Valerate injection, containing 90 mg/ml Testosterone

Enanthate and 4 mg/ml Estradiol Valerate.

Section 205. Schedule IV.

(a) Schedule IV includes substances with the following characteristics: low potential for

abuse relative to substances listed in Schedule III; cunently accepted medical use in treatment in

use in the United States; and abuse of the substance may lead to limited physical dependence or

psychological dependence relative to the substances listed in Schedule III.

(b) The controtled substances listed in this section are included in Schedule [V and include

any material, compound, mixture, or preparation which contains any quantity of the following

substances having a potential for abuse associated with a stimulant or depressant effect on the

central nervous system:

I . Chloral betaine;

2. Chtoral hydrate;

3. Ethchlonynol;

4. Ethinamate;

5. Meprobamate;

6. Paraldehyde;

7. Petrichloral;

8. Diethylpropion;

9. Phentermine;

10. Pemoline;

1 l. Chlordiazepoxide;

12. Chlordiazepoxide and its salts, but not including chlordiazepoxide hy&ochloride and

clidinium bromide or chlordiazepoxide and water-soluble esterified estrogens;

13. Diazepam;

14. Oxazepam;

15. Clorazepate;

16. Flurazepam and its salts;

17. Clonazepam;

18. Barbital;

19. Mebutamate;

20. Methohexital;

21. Methylphenobarbital;

22. Phenobarbital;

23. Fenfluramine;

Title 10 - Page 30

24. Pentazocine;

25. Propoxlphene;

26. Butorphanol;

27 . Nprazolam;

28. Halazepam;

29. Lorazepan;

30. Prazepam;

3 l. Temazepam;

32. Triazolam;

33. Carisoprodol;

34. Dichloralphenazone;

35. Estazolam;

36. Eszopiclone;

37. Midazolam;

38. Modafinil;

39. Zaleplon;

40. Zolpidem;

41. Tramadol;

42. Bromazepam;

43. Suvorexant;

44. Phenazepam;

45. Etizolam; or

46. Clonazolam.

Cosmetic Act (21 U.S.C., Section 301), be lar+ftlly sold over the counter without a prescription,

are excluded fiom all schedules ofcontrolled substances:

1. Breathe-Aid,

2. BronCare,

3. Bronchial Congestion,

4. Bronkaid Tablets,

5. Bronkaid Dual Action Caplets,

6. Bronkotabs,

7. Bronkolixir,

8. NeoRespin,

9. Pazo Hemorrhoid Ointment and Suppositories,

10. Primatene Tablets,

I l. Primatene "Dual Action" Formula

12. Quelidrine,

13. Resp, and

14. Vatronal Nose Drops.

Section 206. Schedule V.

Title l0 - Page 3 I

(a) Schedule V includes substances with the following characteristics: low potential for

abuse relative to the controlled substances listed in Schedule IV; cunently accepted medical use

in treatrnent in the United States; and limited physical dependence or psychological dependence

liability relative to the controlled substances listed in Schedule IV.

(b) The controlled substances listed in this section are included in Schedule V and include

any compound, mixture, or preparation containing limited quantities of any of the following

narcotic drugs, which also contains one or more non-narcotic active medicinal ingredients in

sufficient proportion to confer upon the compound, mixture, or preparation, valuable medicinal

qualities other than those possessed by the narcotic drug alone:

l. not more than two hundred (200) milligrams of codeine, or any of its salts, per one

hundred (100) milliliters or per one hundred (100) grams,

2. not more than one hundred (100) milligrams of dihydrocodeine, or any of its salts, per

one hundred ( I 00) milliliters or per one hun&ed ( 1 00) grams,

3. not more than one hundred (100) milligrams of ethylmorphine, or any of its salts, per

one hundred ( 100) milliliters or per one hundred ( 1 00) grams,

4. not more than two and five-tenths (2.5) milligrams of diphenoxylate and not less than

twenty-five (25) micrograms ofatropine sulfate per dosage unit, or

5. not more than one hundred (100) milligrams of opium per one hundred (100) milliliters

or per one hundred ( 100) grams.

Section 207. Professional Practice.

A person may lawfirlly possess or have under his control a controlled substance if such person

obtained the controlled substance directly from, or pursuant to, a valid prescription or order ofa

practitioner while acting in the course ofa practitioner's professional practice.

Section 208. Exceptions.

(a) The religious use ofpeyote and its derivatives in bona fide religious ceremonies ofthe Native

American Church, and by members of the Native American Church and the Church of the Firstbom

is specifically excepted from the Wyandotte Nation Controlled Dangerous Substances Code.

(b) It shall not be a crime under this Code for an individual to possess marijuana for medicinal

purposes pursuant to a valid state issued medical marijuana license.

Section 209. Burden of Proof.

In any complaint, information, or indictment, and in any action or proceeding brought for the

enforcement of any provision of the Wyandotte Nation Controlled Dangerous Substances Code,

the burden ofproofofany exception, excuse, proviso or exemption, shall be upon the defendant.

Title l0 - Page 32

CHAPTERTHREE

WARRANTS, SEARCH, SEIZURE AND DISPOSAL PROCEDURES

Section 301. Warrants.

A search warrant may issue, and execution and seizure may be had, as provided in the Criminal

Procedure Code of the Wyandotte Nation, for any controlled substance or controlled substance

analogue unlawfully in the possession or under the control of any person, or for any drug

paraphemalia for the unauthorized administration or use of controlled substances or controlled

substance analogues in the possession or under the control ofany person.

Section 302. Arrest.

(a) An anest warrant may issue and execution may be had, as provided in the Criminal

Procedure Code of the Wyandotte Nation, for any controlled substance or controlled substance

analogue unlawfully in the possession or under the control of any person, or for any drug

paraphemalia for the unauthorized administration or use of controlled substances or controlled

substance analogues in the possession or under the control ofany person.

(b) Any peace officer of the tribe, or any other Wyandotte Nation commissioned or

deputized officer with tribal authority may arrest without a warrant for violation of the Wyandotte

Nation Controlled Dangerous Substances Code, ifsuch arrest is necessary to protect the immediate

health and security of the Wyandotte Nation and its citizens.

Section 303. Seizure.

Any peace officer of the Nation, federal officers, or any other wyandotte Nation commissioned or

deputized oflicer with tribal authority, upon making an arrest for a violation of this code, shall

seize without warrant any controlled substance or controlled substance analogue or drug

paraphemalia kept for the unauthorized administration or use of a controlled substance or

controlled substance analogue in the possession or under the control of the person or persons

arrested, providing such seizure shall be made incident to the arrest.

Section 304. Disposal and Forfeiture.

(a) The court shall order such controlled substances, controlled substance analogues, or

drug paraphemalia forfeited and destroyed. A record ofthe place where said controlled substances,

controlled substance analogues, or drug paraphemalia were seized, of the kinds and quantities of

controlled substances, controlled substance analogues, or drug paraphemalia so destroyed, and of

the time, place and manner of destructions, shall be kept, and a retum under oath, reporting the

destruction of the controlled substances, controlled substance analogues, or drug paraphemalia

shall be made to the court.

(b) Everyhing of value fumished, or intended to be fumished, in exchange for a controlled

substance, controlled substance analogue or drug paraphemalia in violation of the WyandoUe

Title l0 - Page 33

Nation Controlled Dangerous Substances Code, all proceeds traceable to such an exchange, and

all moneys, negotiable instruments, or securities used, or intended to be used, to facilitate any

violation of such code shall be forfeited, except that no property shall be forfeited under this

subsection to the extent ofthe interest ofan owner by reason ofany act or omission established by

him to have been committed without his knowledge or consent.

substances, controlled substance analogues, or drug paraphemalia, or forfeitable records of the

importation, manufacture, or distribution ofcontrolled substances, controlled substance analogues

or drug paraphemalia are presumed to be forfeitable under this subsection. The burden of proof

shall be upon claimants of the property to rebut this presumption.

(d) The term "arrest", for purposes of this Section, shall include the taking ofa child into

custody.

(e) Any peace officer of the Nation, or any other Wyandotte Nation commissioned or

deputized olficer with tribal authority carrying out the provisions of the wyandotte Nation

Controlled Dangerous Substances Code may take into evidence any items used to violate or to

attempt to violate any section of Wyandotte Nation Controlled Dangerous Substances Code. Such

evidence shall be tumed over to the tribal prosecutor's office according to the procedures of the

Wyandofte Nation Tribal Police Department.

Section 305. Use of Vessels.

The Wyandotte Nation Tribal Police Department has the authority to use any vessel, vehicle,

aircraft or other mode of transportation in carrying out the provisions of the Wyandotte Nation

Controlled Dangerous Substances Code.

Section 306. Duty.

It is hereby made the duty of the Wyandotte Nation Tribal Police Department, its officers, agents,

and representatives, and all peace offrcers within the Wyandotte Nation, to enforce the laws of the

Wyandotte Nation relating to controlled dangerous substances and controlled dangerous substance

analogues.

Section 307. Confi dentialit"v.

The Wyandotte Nation Tribal Police Departrnent shall keep all complaints, investigatory reports,

and information confidential, except when disclosure is necessary to effectuate the provisions of

the Wyandotte Nation Controlled Dangerous Substances Code and the laws of the Wyandotte

Nation.

Section 308. Good Faith.

Any peace oIficer ofthe Nation, or any other Wyandotte Nation commissioned or deputized officer

wit'tr idtl authority, whose actions and conduct are carried out in a good faith effort to effectuate

Title l0 - Page 34

the provisions of the Wyandotte Nation Controlled Dangerous Substances Code and the laws of

the Wyandotte Nation shall be held immune from any criminal or civil liability arising from such

conduct.

CHAPTERFOUR

OFFENSES AND PENALTIES

Section 401. Guilt

Any person who violates this Code with respect to any controlled substance or controlled substance

analogues is guilty of a criminal offense under the laws of the Wyandotte Nation.

Section 402. Prohibited Acts A - Penalties.

(a) Except as authorized by this Title, it shall be unlawful for any person:

1. To distribute, dispense, transport with intent to distribute or dispense, possess

with intent to manufacture, distribute, or dispense, a controlled dangerous substance or to solicit

the use ofor use the services ofa person less than eighteen (18) years ofage to cultivate, distribute

or dispense a controlled dangerous substance;

2. To create, distribute, transport with intent to distribute or dispense, or possess

with intent to distribute, a counterfeit controlled dangerous substance; or

3. To distribute any imitation controlled substance as identified in this Title, except

when authorized by the Food and Drug Administration of the United States Department of Health

and Human Services.

(b) Any person who violates the provisions of this section with respect to:

1. A substance classified in Schedule I or II which is a narcotic drug, lysergic acid

diethylamide (LSD), gamma butlTolactone, gamma hydroxyvalerate, gamma valerolactone, 1,4

butanediol, or gamma- hydroxybutyric acid as defined in this title, upon conviction, shall be guilty

of a felony allJrnuy be ientenced to a term of imprisonment for not less than six (6) months and

not more ;han three(3) years and a fine ofnot more than Five Thousand Dollars ($5,000.00), which

may be in addition to other punishment provided by law;

2. Any other controlled dangerous substance classified in Schedule I, and II, upon

conviction, may be guilty ofa felony and may be sentenced to a term of imprisonment for not less

than six (6) months noi more than three (3) years and a fine of not more than Five Thousand

Dollars ($5,000.00), which may be in addition to other punishment provided by law;

3. A substance classified in Schedule III, IV, and V, upon conviction, shall be guilty

of a misdemeanor and may be sentenced to a term of imprisonment for not more than one ( 1 ) year

and a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00), which may be in

addition to other punishment provided by law. A person convicted of a second violation of the

Title l0 - Page 35

provisions of this paragraph may be guilty of a felony and may be sentenced to a term of

imprisonment for not more than three (3) years and a fine ofnot more than Five Thousand Dollars

($5,000.00), which may be in addition to other punishment provided by law; or

4. An imitation controlled substance as defined in this title, upon conviction, shall

be guilty ofa misdemeanor and may be sentenced to a term of imprisonment for a period ofnot

more than one (l) year and a fine of not more than Two Thousand Five Hundred Dollars

($2,500.00). A person convicted ofa second violation of the provisions of this paragraph may be

guilty of a felony and may be sentenced to a term of imprisonment for not more than three (3)

years and a fine ofnot more than Five Thousand Dollars ($5,000.00), which may be in addition to

other punishment provided by law.

Department of Health and Human Services, it shall be unlawful for any person to:

l. manufacture, cultivate, distribute, or possess with intent to distribute a syntletic

controlled substance.

2. Any person convicted ofviolating the provisions of this paragraph is guilty ofa

felony and may be punished by imprisonment for a term not to exceed two (2) years and a fine of

not more than Five Thousand Dollars ($5,000.00), which may be in addition to other punishment

provided by law.

3. Any person who commits a second or subsequent violation ofthe provisions of

this paragraph may be prosecuted and is guilty of a felony and may be punished by imprisonment

for a term not to exceed three (3) years and a fine of not more than Five Thousand Dollars

($5,000.00) and may be banished from the Wyandotte Nation for a period of not more than five

(5) years.

(d) Convictions for second or subsequent violations of the provisions ofthis section shall

not be subject to statutory provisions for suspended sentences, deferred sentences, or probation.

(e) Any person who is at least eighteen (18) years ofage and who violates the provisions

ofthis section by using or soliciting the use ofservices ofa person less than eighteen ( 18) years of

age to distribute, dispense, transport with intent to distribute or dispense or cultivate a controlled

dangerous substance or by distributing a controlled dangerous substance to a person under eighteen

(18) years of age, is guilty ofa felony and may be punished by imprisonment for a term not to

tht"" (3) years and a fine ofnot more than Five Thousand Dollars ($5,000.00), or by both

"*."id

fine and imprisonment. A prosecution under this section may be in addition to, and not in lieu of,

the prosecution for any other crime enumerated in this act.

(f) Any person who violates any provision of this section by transporting with intent to

distribute or dispense, distributing or possessing with intent to distribute a controlled dangerous

substance to a p;rson, or violation ofsubsection G ofthis section, in or on, or within two thousand

(2,000) feet of the real property comprising a public or private elementary or secondary school,

public vocational school, public or private college or university, or other institution of higher

Title l0 - Page 36

education, recreation center or public park, including state parks and recreation areas, public

housing project, or child care facility, is guilty of a felony and may be punished by a term of

imprisonment not to exceed three (3) years, or by the imposition of a fine not to exceed Five

Thousand Dollars ($5,000.00), or by both fine and imprisonment. A prosecution under this section

may be in addition to, and not in lieu of, the prosecution for any other crime enumerated in this

act.

(g) Except as authorized by this Title, it shall be unlawful for any person to:

l. Manufacture or attempt to manufacture any controlled dangerous substance or

possess any substance containing any detectable amount of pseudoephedrine or its salts, optical

isomers or salts of optical isomers, iodine or its salts, optical isomers or salts of optical isomers,

hydriodic acid, sodium metal, lithium metal, anhydrous ammoni4 phosphorus, or organic solvents

with the intent to use that substance to manufacture a controlled dangerous substance.

2. Any person violating the provisions of this subsection with respect to the

unlawful manufacturing or attempting to unlawfully manufacture any controlled dangerous

substance, or possessing any substance listed in this subsection, upon conviction, is guilty of a

felony and may be punished by imprisonment for not less than three (3) years and by a fine ofnot

less than Five Thousand Dollars ($5,000.00), which shall be in addition to other punishment

provided by law. The possession of any amount of anhydrous ammonia in an unauthorized

container shall be prima facie evidence of intent to use such substance to manufacture a controlled

dangerous substance. A prosecution under this section may be in addition to, and not in lieu of, the

prosecution for any other crime enumerated in this act.

4. Any person who has been convicted of manufacturing or attempting to

manufacture methamphetamine pursuant to the provisions of this subsection and who, after such

conviction, purchases or attempts to purchase, receive or otherwise acquire any product, mixture,

or preparation containing any detectable quantity ofbase pseudoephedrine or ephedrine shall, upon

conviction, be guilty of a felony punishable by imprisonment for a term of imprisonment not to

exceed three (3) years, or by the imposition of a fine not to exceed Five Thousand Dollars

($5,000.00), or by both fine and imprisonment. A prosecution under this section may be in addition

to, and not in lieu of, the prosecution for any other crime enumerated in this act.

Section 403. Prohibited Acts B - Penalties.

(a) It shall be unlawful for any person knowingly or intentionally to:

l. Possess a controlled dangerous substance unless such substance was obtained

directly, or pursuant to a valid prescription or order from a practitioner, while acting in the course

ofhis or her professional practice, or except as otherwise authorized by this act.

2. Sell, market, advertise or label any product containing ephedrine, its salts, optical

isomers, or salts ofoptical isomers, for the indication of stimulation, mental alertness, weight loss,

appetite control, muscle development, energy or other indication which is not approved by the

pirtinent federal OTC Final Monogaph, Tentative Final Monograph, or FDA-approved new drug

Title l0 - Page 37

application or its legal equivalent. In determining compliance with this requirement, the following

factors shall be considered:

a. the packaging ofthe product,

b. the name ofthe Product, and

c. the distribution and promotion of the product, including verbal

representations made at the point of sale.

(b) Any person who violates this section with respect to:

l. Any Schedule I or II substance, except marijuana is guilty ofa felony and may

be punishable by imprisonment for not less than two (2) years nor more than three (3) years and

by a fine not exceeding Five Thousand Dollars ($5,000.00);

2. Any Schedule III, IV or V substance, marijuan4 or any preparation excepted

from the provisions of this Title is guilty of a misdemeanor and may be punishable by

imprisonmint for not more than one (l) year and by a fine not exceeding One Thousand Dollars

($l,0oo.o0);

controllei dangirous substance from any person, in or on, or within one thousand (1,000) feet of

the real property comprising a public or private elementary or secondary school, public vocational

school, public or private college or university, or other institution of higher education, recreation

center oi public park, including tribal, state, or federal owned parks and recreation areas, or in the

presence ofany child under twelve (12) years ofage, shall be guilty ofa felony'

l. Any person convicted of violating the provisions of this paragaph may be

punished by imprisonmlnt for not less than one ( I ) year nor more than three (3) years, or by a frne

ofup to rive Tiousand Dollars ($5,000.00), or by both fine and imprisonment, which shall be in

addition to other punishment provided by law.

2. Any person who commits a second or subsequent violation ofthe provisions of

this subsection is guilty ofa felony and may be punished by imprisonment for not less than Two

(2) years and a fine ofFive Thousand Dollars ($5'000.00).

Section 404. Prohibited Acts C - Penalties(a) Any person found guilty of larceny, burglary or theft of controlled dangerous substances

is guilry ofa ieiony and may be punishable by imprisonment for a period not to exceed three (3)

years.

(b) Any person found guilty of robbery or attempted robbery of controlled dangerous

substances from a practitioner, manufacturer, distributor or agent thereof as defined in this title is

guitty ofa felony and may be punishable by imprisonment for a period of not less than one (l)

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year, and such sentence shall not be subject to statutory provisions for suspended sentences,

deferred sentences or probation..

Section 405. Prohibited Acts D - Penalties.

(a) No person shall use tincture of opium, tincture ofopium camphorated, or any derivative

thereof, by the hypodermic method, either with or without a medical prescription therefor.

(b) No person shall use drug paraphemalia to plant, propagate, cultivate, grow, harvest,

manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store,

contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled

dangerous substance in violation ofthis Title, except those persons holding an un-revoked license

in the professions of podiatry, dentistry, medicine, nursing, optometry, osteopathy, veterinary

medicine or pharmacy.

under circumstances where one reasonably should know, that it will be used to plant, propagate,

cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze,

pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human

body a controlled dangerous substance in violation of this Title.

(d) Any person eighteen ( l8) years ofage or over who violates subsection (c) ofthis section

by delivering or selling drug paraphemalia to a person under eighteen (18) years ofage shall, upon

conviction, be guilty ofa felony. Any person convicted ofviolating the provisions ofthis paragraph

may be punished by imprisonment for not less than one (l) year nor more than three (3) years, or

Uy a nnL ofup to Five Thousand Dollars ($5,000.00), or by both fine and imprisonment. which

shall be in addition to other punishment provided by law.

(e) Any person who violates subsections A, B or c of this section shall, upon conviction,

be guilty of a misdemeanor and may be punished by imprisonment for not more than one (1) year

o, uy u fine of not more than one Thousand Dollars ($1,000.00), or both such fine and

imprisonment.

Section 406. Prohibited Acts E - Penalties.

(a) No person shall obtain or attempt to obtain any preparation in a manner inconsistent

with the provisions of this title, or a controlled dangerous substance or procure or attempt to

procure the administration ofa controlled dangerous substance:

By fraud, deceit, misrepresentation, or subterfuge;

2. By the forgery of, alteration of, adding any information to or changing any

information on a prescription or of any written order;

3. By the concealment of a material fact; or

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4. By the use of a false name or the giving of a false address.

(b) Except as authorized by this act, a person shall not manufacture, create, deliver, or

possess with intent to manufacture, create, or deliver or possess a prescription form, an original

prescription form, or a counterfeit prescription form. This shall not apply to the legitimate

manufacture or delivery of prescription forms, or a p€rson acting as an authorized agent of the

practitioner.

dangerous substance, or unlawfirlly to procure the administration of any such drug, shall not be

deemed a privileged communication.

(d) Any person who violates this section is guilty ofa felony punishable by imprisonment

for not more than three (3) years, by a fine of not more than Five Thousand Dollars ($5,000.00),

or by both such fine and imprisonment.

Section 407. Substances Causing Intoxication, Distortion or Disturbances of Auditory'

Visuat, Muscular or Mental Processes Prohibited; Exemptions - Penalties.

(a) For the purpose of inducing intoxication or distortion or disturbance of the auditory,

visual, muscular, or mental process, no person shall ingest, use, or possess any compound, liquid,

or chemical which contains ethylchloride, butyl nitrite, isobutyl nitrite, secondary butyl nitrite,

tertiary butyl nitrite, amyl nitrite, isopropyl nitrite, isopentyl nitrite, or mixtures containing butyl

nitrite, isobutyl nitrite, secondary butyl nitrite, tertiary butyl nitrite, amyl nitrite, isopropyl nitrite,

isopentyl nitrite, or any oftheir esters, isomers, or analogues, or any other similar compound.

(b) No person shall possess, buy, sell, or otherwise transfer any substance specified in

subsection (a) of this section for the purpose of inducing or aiding any other person to inhale or

ingest such substance or otherwise violate the provisions ofthis section.

l. The possession and use ofa substance specified in subsection (a) of this section

which is used as part of the care or treaunent by a licensed physician of a disease, condition or

injury or pursuant to a prescription ofa licensed physician; and

2. The possession ofa substance specified in subsection (a) of this section which is

used as part of a known manufacturing process or industrial opention when the possessor has

obtained a permit from the Oklahoma State Department of Health.

(d) Any person convicted ofviolating any provision ofsubsection (a) or (b) ofthis section

shall be guilty ofa misdemeanor punishable by imprisonment not to exceed ninety (90) days or by

the imposition of a fine not to exceed Five Hundred Dollars ($500.00), or by both such

impri sonment and fine.

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Section 408. Offering, Soliciting, Attempting, Endeavoring or Conspiring to Commit Olfense

- Penalties.

Any person who offers, solicits, attempts, endeavors, or conspires to commit any offense defined

in this title shall be subject to the penalty prescribed for the offense, the commission of which was

the object of the offer, solicitation, attempt, endeavor or conspiracy.

Section 409. Marijuana.

(a) Any person who plants, grows, cultivates, harvests or gathers, sells, barters, or gives away or

has in possession any marijuana shall be deemed guilty of a misdemeanor offense and upon

conviction thereof, may be sentenced to incarceration for a period not to exceed six (6) months, or

to a fine not to exceed three hundred and fifty dollars ($350.00), or to both such fine and

imprisonment, with costs.

(b) There shall be an exception to subparagraph (a) if the individual possesses a license consistent

with the requirements for licensure in the State of Oklahoma to grow or transport marijuana.

Section 410. Additional penalties.

Any penalty imposed for violation of this title shall be in addition to, and not in lieu of, any civil

or administrative penalty or sanction authorized by law.

Section 411. General Penalty Provision.

Any person who violates any provision of this act not subject to a specihc penalty provision is

guiity ofa misdemeanor punishable by imprisonment for not more than one (l) year, or by a fine

ofnot more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.

Section 412. Penalties for Second or Subsequent Ofrenses.

An offense shall be considered a second or subsequent offense under this Title, if, prior to his or

her conviction ofthe offense, the offender has at any time been convicted ofan offense or offenses

under this act, under any statute of the United States, or ofany state, or Tribe relating to narcotic

drugs, marihuana, depressant, stimulant, or hallucinogenic drugs, as defined by this act'

Section 413. Possession.

Possession of a controlled substance, controlled substance analogue or precursor substance is

prima facie evidence of intent to violate this Code.

Section 414. Public Nuisance.

Any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft or other structure or place,

which is resorted to for the purpose of possessing, keeping, transporting, distributing or

manufacturing controlled substances shall be deemed a public nuisance.

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Section 415. Injunction Authorized.

Any Wyandotte Nation Court or its designee, within the boundaries of the Wyandotte Nation may

issue an injunction, enjoining the activity or conduct of any person, if such activity or conduct,

demonstrated by clear and convincing evidence, violates any provision ofthe Wyandotte Nation

Controlled Dangerous Substances Code.

Section 416. Civil Immunity.

Any person who reports suspicious activity or suspicious conduct related to a possible violation of

a provision of the Wyandotte Nation Controlled Dangerous Substances Code shall be held immune

from civil liabitity for any injury arising from such report.

CHAPTER FIVE

SENTENCING PRO\TSIONS

Section 501. Rehabilitative Measures.

(a) In carrying out the provisions of the Wyandotte Nation Controlled Dangerous

Substances Code, the Court may consider rehabilitative measures in lieu of jail time when not

otherwise prohibited by the provisions of this Title, if;

1. The offender is ajuvenile;

2. The offender is a first-time offender under the Wyandotte Nation Controlled

Dangerous Substances Code; or

3. The Court finds the offender is enrolled in a behavioral health program aimed at

preventing drug use relapse.

4. In cases of first-time offenses or in cases where the offender is enrolled in

behavioral health program, the Court is not required to consider rehabilitative measures in lieu of

jail, if it finds the offense is ofsuch severe magrritude it would reasonably be certain to compromise

or jeopardize public health or safety ofthe tribal comrnunity.

(b) The Court may order the offender to complete rehabilitative me:$ures, including;

1. Wyandoue Nation Behavioral Health progmms;

2. Indian Health Service Behavioral Health programs;

3. Other community or private Behavioral Health programs;

4. Traditional healing and wellness activities sanctioned by the Nation or lndian

communities:

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5. Drug Court prognms; or

6. Any other rehabilitative me:rsures the Court deems proper in providing nonpunitive, rehabilitative treatment to the offender.

Section 502. Adult Offenders.

Adult offenders are individuals over the age ofeighteen ( l8) who are convicted ofan offense under

the Wyandotte Nation Controlled Dangerous Substances Code.

Section 503. Additional Sentencing Provisions for Adult Offenders.

(a) In addition to the penalties provided for in this Title, the Court may require a convicted

offender who has inflicted injury upon the person or property of another to make restitution or

compensate the injured person by means ofthe surrender ofproperty, payment ofmoney damages,

or the performance ofany other act for the benefit ofthe injured party.

(b) In addition to the penalties provided for in this Title, the Court may require a convicted

offender who has inflicted injury upon the person or property ofthe tribal government, or who has

incurred costs to the tribal govemment by his,&er actions, to make restitution or compensate the

tribal govemment by means of labor or service for the benefit of the tribal govemment.

fine assessed under any applicable section, the Court shall allow him,/her a reasonable period of

time to pay the entire sum or allow him/her to make reasonable installment payments to the clerk

of the court at specified intervals until the entire sum is paid. If the offender defaults on such

payments, the court may find him/irer in contempt of court and imprison him/her accordingly.

(d) Any adult person who has been convicted ofa criminal offense, under the provisions

ofthe Wyandotte Nation Controlled Dangerous Substances Code, may not have such conviction

expunged from his/her criminal record, until a period often (10) years after the court's sentence

has been completed and unless otherwise agreed upon by the prosecutor and the Court.

Section 504. Juvenile Offenders.

Juvenile Offenders are individuals under the age ofeighteen ( l8) who are convicted ofan offense

under the Wyandotte Nation Controlled Dangerous Substances Code.

Section 505. Sentencing Juvenile Ofrenders.

(a) The Wyandotte Nation Controlled Dangerous Substances Code aims to reflect the

Wyandotte Nation's custom and tradition of protecting its youth and moderating justice programs

aimed at intervening in young lives for a positive impact towards healing and wellness. The

sentencing procedures contained in this section are mandated by tribal law, and shall not be

deviated from by a court imposing a sentence under this code'

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(b) Any juvenile convicted of a first offense under the Wyandone Nation Controlled

Dangerous Substances Code may be sentenced to a Rehabilitative Measure as set forth in this code.

sentenced to a Rehabilitative Measure and may also be sentenced to one or a combination of the

following:

. Detention for a period not to exceed a maximum of one year;

2. A money fine in an amount not to exceed ($5,000); or

3. Both detention and a file.

(d) In addition to the penalties provided in this section, the Court may require a convicted

juvenile offender who has inflicted injury upon tlle person or property of another to make

restitution or compensate the injured person by means of the surrender of property, payment of

money damages, or the performance ofany other act for the benefit ofthe injured party.

(e) In addition to the penalties provided in this section, the Cou( may require a convicted

juvenile offender who has inflicted injury upon the person or property ofthe tribal govemment, or

who has incurred costs to the tribal govemment by his/her actions, to make restitution or

compensate the tribal govemment by means of labor for the benefit ofthe tribal government.

(0 If, solely because ofindigence, a convicted j uvenile offender is unable to pay forthwith

a money fine assessed under any applicable section, the Court shall allow him/her a reasonable

period of time to pay the entire sum or allow him/her to make reasonable instalknent payments to

the clerk ofthe court at specified intervals until the entire sum is paid. If the offender defaults on

such payments, the court may find him/her in contempt of court and sentence him/her according

to Wyandotte Nation tribal law.

(g) Any juvenile who has been convicted ofa criminal offense, under the provisions of the

Wyandoue Nation Controlled Dangerous Substances Code, shall be eligible to have the first of

such convictions expunged from his/her criminal record after the court's sentence has been

completed. The court may order expungement as to the first offense when;

l. The offender has reached the age ofeighteen (18), and

2. The offender has complied with all court orders for rehabilitation and other

sentencing imposed as a result of such conviction.

Section 506. Civil Remedies - Non-Indian.

(a) Wyandotte Nation finds that the illegal purchase, transport, distribution, delivery,

trafficking or attempted purchase, transport, distribution, delivery, trafficking use of illegal

controlled substances or controlled substance analogues within the Wyandotte Nation jurisdiction

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has a direct effect on the health, welfare, economic security and political integrity ofthe Wyandotte

Nation.

(b) Any Wyandotte Nation Court exercising authority over incidents arising within the

boundaries of the Wyandotte Nation may utilize any civil remedies, including but not limited to

remedies relating to the Wyandotte Nation's customs and traditions, if the offense is committed by

a non-lndian.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.