19-03.1-02. Authority to control

19-03.1-02. Authority to control

1. The board shall administer this chapter and may add substances to or delete or

reschedule all substances enumerated in the schedules in sections 19-03.1-05,

19-03.1-07, 19-03.1-09, 19-03.1-11, or 19-03.1-13 pursuant to the procedures of

chapter 28-32. In making a determination regarding a substance, the board shall

consider the following:

a. The actual or relative potential for abuse;

b. The scientific evidence of its pharmacological effect, if known;

c. The state of current scientific knowledge regarding the substance;

d. The history and current pattern of abuse;

e. The scope, duration, and significance of abuse;

f. The risk to the public health;

g. The potential of the substance to produce psychic or physiological dependence

liability; and

h. Whether the substance is an immediate precursor of a substance already

controlled under this chapter.

2. After considering the factors enumerated in subsection 1, the board shall make

findings with respect thereto and issue a rule controlling the substance if it finds the

substance has a potential for abuse.

3. If the board designates a substance as an immediate precursor, substances which are

precursors of the controlled precursor are not subject to control solely because they

are precursors of the controlled precursor.

4. If any substance is designated, rescheduled, or deleted as a controlled substance

under federal law and notice thereof is given to the board, the board shall similarly

control the substance under this chapter after the expiration of thirty days from

publication in the federal register of a final order designating a substance as a

controlled substance or rescheduling, or deleting a substance, unless within that

thirty-day period, the board objects to inclusion, rescheduling, or deletion. In that case,

the board shall publish the reasons for objection and afford all interested parties an

opportunity to be heard. At the conclusion of the hearing, the board shall publish its

decision, which is final unless altered by statute. Upon publication of objection to

inclusion, rescheduling, or deletion under this chapter by the board, control under this

chapter is stayed until the board publishes its decision.

5. Authority to control under this section does not extend to distilled spirits, wine, malt

beverages, or tobacco as those terms are defined or used in title 5.