Chapter 4729-11 Controlled Substance Schedules

4729-11-01 Definitions.

(A) "Controlled substance" has the same meaning as defined in division (C) of section 3719.01 of the Revised Code.

(B) "Schedules" mean controlled substance schedules I, II, III, IV, and V, respectively as defined in division (BB) of section 3719.01 of the Revised Code and subject to the findings for the placement on schedules as defined in Controlled Substances Act of 1970, 84 Stat. 1242, 21 U.S.C. 812 (July 9, 2012).

(C) "Synthetic" unless specifically excepted or unless listed in another schedule, means any substance, material, compound, mixture, or preparation that contains any quantity of a substance made artificially by chemical reaction.

(D) "Pharmacophore" means the portion of a chemical structure that confers the activity of the substance.

(E) "A report from an established forensic laboratory" means a laboratory report from the bureau of criminal identification and investigation, or a laboratory operated by another law enforcement agency, or a laboratory established by or under the authority of an institution of higher education that has its main campus in this state and that is accredited by the association of American universities or the north central association of colleges and secondary schools, primarily for the purpose of providing scientific services to law enforcement agencies and signed by the person performing the analysis as defined in division (A) of section 2925.51 of the Revised Code.

(F) "Synthetic cannabinoids" are drugs commonly found in herbal incense products (common names include but are not limited to: spice, blaze, devil's advocate, genie, smoke, sense, zohai, spike 99, and K2) that may mimic the effects of delta-9-tetrahydrocannabinol (THC), an active central nervous system constituent compound of marijuana.

(G) "Synthetic cathinones" are stimulants related to cathinone, the psychoactive substance found in the shrub catha edulis (khat). Synthetic cathinones (common names include, but are not limited to: research chemicals, plant food, and bath salts), which are beta-keto phenethylamine derivatives, produce pharmacological effects similar to methamphetamine.

Effective: 04/17/2014
R.C. 119.032 review dates: 04/17/2019
Promulgated Under: 119.03
Statutory Authority: 3719.44 , 3719.28 , 4729.26
Rule Amplifies: 3719.44 , 3719.41

4729-11-02 Scheduling of compounds.

(A) The state board of pharmacy hereby schedules the following synthetic cannabinoid compounds:

(1) PB-22 (chemical name: quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate) shall be a schedule I controlled substance;

(2) 5-Fluoro-PB-22 (chemical name: quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate) shall be a schedule I controlled substance.

(B) Except as otherwise provided in section 3719.41 of the Revised Code, any synthetic cannabinoid compound that meets at least three of the following pharmacophore requirements to bind at the CB1 and CB2 receptors, as identified by a report from an established forensic laboratory, is a schedule I controlled substance:

(1) Aminoalkylindole compounds;

(2) Alkyl side chain of four to six carbons off the indole nitrogen providing hydrophobic interaction with the CB1 and CB2 receptors;

(3) Carbonyl or ester or equivalent for hydrogen bonding;

(4) Cyclohexane or naphthalenalene ring or equivalent for steric requirements for CB1 and CB2 receptor binding.

(C) Except as otherwise provided in section 3719.41 of the Revised Code, any synthetic cathinone that contains the structural requirements of the cathinone pharmacophore, as identified by a report from an established forensic laboratory, is a schedule I controlled substance.

Effective: 04/17/2014
R.C. 119.032 review dates: 04/17/2019
Promulgated Under: 119.03
Statutory Authority: 3719.44 , 3719.28 , 4729.26
Rule Amplifies: 3719.44 , 3719.41

4729-11-03 [Effective 9/1/2014]Schedules II, III, IV and V.

(A) The state board of pharmacy hereby schedules the following compounds as Schedule IV controlled substances:

(1) 2-(dimethylaminomethyl)-1-(3-methoxyphenyl)cyclohexanol hydrochloride, its salts, isomers (including the optical and geometric isomers), salts of isomers, and all isomeric configurations of possible forms including tramadol.

Effective: 09/01/2014
R.C. 119.032 review dates: 09/01/2019
Promulgated Under: 119.03
Statutory Authority: 3719.28 , 4729.26 , 3719.44
Rule Amplifies: 3719.41 , 3719.44

4729-11-07 Standard pharmaceutical references.

All editions, with cumulative changes, if any, of the following reference works are recognized and approved by the state board of pharmacy:

(A) "Drug Facts and Comparisons";

(B) "Martindale: The Extra Pharmacopoeia";

(C) "Remington's Pharmaceutical Sciences";

(D) "United States Dispensatory";

(E) "United States Pharmacopeia/National Formulary" ("USP/NF");

(F) "American Hospital Formulary Service Drug Information" ("AHFS Drug Information").

R.C. 119.032 review dates: 03/17/2014 and 03/17/2019
Promulgated Under: 119.03
Statutory Authority: 3715.69 , 3719.28 , 4729.26
Rule Amplifies: 2925.01 , 3715.01 , 3719.01 , 4729.01
Prior Effective Dates: 2/15/82, 2/15/95

4729-11-09 Sale of schedule V controlled substance products without a prescription.

A schedule V controlled substance product which is not a prescription drug as determined under the "Federal Food, Drug and Cosmetic Act" may be sold at retail by a pharmacist without a prescription to a purchaser at retail, provided that:

(A) The sale is made only by a pharmacist or a pharmacy intern under the direct supervision of a pharmacist and not by a nonpharmacist employee even if under the supervision of a pharmacist (although after the pharmacist has fulfilled his professional and legal responsibilities in this section, the actual cash, credit transaction, or delivery may be completed by a nonpharmacist).

(B) The purchaser is at least eighteen years of age.

(C) The pharmacist requires every purchaser of a controlled substance under this rule not known to him to furnish suitable identification (including proof of age where appropriate).

(D) A bound record book is maintained which contains the true name and complete address of the purchaser, the legible signature of the purchaser, the name and quantity of controlled substances sold, the date of each sale, and the name and legible initials of the pharmacist who sold the controlled substance at retail. This book shall be maintained for a period of three years from the date of the last transaction and must be made available for inspection and copying by persons authorized to enforce the federal and state drug laws.

(E) The schedule V controlled substance product is sold at retail.

(F) Not more than two hundred forty milliliters (eight ounces) nor more than forty-eight solid dosage units of any schedule V controlled substance product containing opium, nor more than one hundred twenty milliliters (four ounces) nor more than twenty-four solid dosage units of any other narcotic controlled substance may be sold at retail to the same purchaser in any consecutive forty-eight-hour period.

(G) Not more than one hundred solid dosage units of any schedule V controlled substance stimulant product may be sold to any one person in any consecutive thirty-day period.

(H) The schedule V controlled substance is sold at retail for a legitimate medical need and the purchaser furnishes information to the pharmacist which establishes the legitimate medical need for the controlled substance.

R.C. 119.032 review dates: 03/17/2014 and 03/17/2019
Promulgated Under: 119.03
Statutory Authority: 3719.28 , 4729.26
Rule Amplifies: 3719.05 , 4729.28 , 4729.51
Prior Effective Dates: 08/16/1994 (Emer), 11/25/1994, 03/01/1999, 03/31/2000