CHAPTER 171
HOUSE BILL No. 2178
(Amends Chapter 31)
An Act concerning controlled substances; relating to gamma hydroxybutyric acid; amending
K.S.A. 2000 Supp. 21-3445, 65-4101, as amended by Section 3 of 2001 House Bill No.
2457, 65-4105, 65-4109, 65-4111 and 65-7003 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 2000 Supp. 21-3445 is hereby amended to read as
follows: 21-3445. (a) Unlawful administration of a substance is the inten-
tional and knowing administration of a substance to another person with-
out consent for the purpose of impairing such other person's physical or
mental ability to appraise or control such person's conduct.

      (b) ``Unlawful administration of a substance'' means any method of
causing the ingestion by another person of a controlled substance, in-
cluding gamma hydroxybutynic hydroxybutyric acid, or its salts, or bu-
tyrolactone any controlled substance analog, as defined in K.S.A. 65-4101,
of gamma hydroxybutyric acid, including gamma butyrolactone; butyr-
olactone; butyrolactone gamma; 4-butyrolactone; 2(3H)-furanone dihy-
dro; dihydro-2(3H)-furanone; tetrahydro-2-furanone; 1,2-butanolide;
1,4-butanolide; 4-butanolide; gamma-hydroxybutyric acid lactone; 3-hy-
droxybutyric acid lactone and 4-hydroxybutanoic acid lactone with CAS
No. 96-48-0; 1,4 butanediol; butanediol; butane-1,4-diol; 1,4-butylene gly-
col; butylene glycol; 1,4-dihydroxybutane; 1,4-tetramethylene glycol; te-
tramethylene glycol; tetramethylene 1,4-diol, into any food, beverage or
other consumable that the person knows, or should know, would be con-
sumed by such other person.

      (c) This section shall not prohibit administration of any substance
described in subsection (b) for lawful medical or therapeutic treatment.

      (d) Unlawful administration of a substance is a class A person mis-
demeanor.

      Sec.  2. K.S.A. 2000 Supp. 65-4101 as amended by section 3 of 2001
House Bill No. 2457 is hereby amended to read as follows: 65-4101. As
used in this act: (a) ``Administer'' means the direct application of a con-
trolled substance, whether by injection, inhalation, ingestion or any other
means, to the body of a patient or research subject by: (1) A practitioner
or pursuant to the lawful direction of a practitioner; or

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

      (b) ``Agent'' means an authorized person who acts on behalf of or at
the direction of a manufacturer, distributor or dispenser. It does not in-
clude a common or contract carrier, public warehouseman or employee
of the carrier or warehouseman.

      (c) ``Board'' means the state board of pharmacy.

      (d) ``Bureau'' means the bureau of narcotics and dangerous drugs,
United States department of justice, or its successor agency.

      (e) ``Controlled substance'' means any drug, substance or immediate
precursor included in any of the schedules designated in K.S.A. 65-4105,
65-4107, 65-4109, 65-4111 and 65-4113, and amendments to these sec-
tions.

      (f) ``Counterfeit substance'' means a controlled substance which, or
the container or labeling of which, without authorization bears the trade-
mark, trade name or other identifying 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 at-
tempted transfer from one person to another of a controlled substance,
whether or not there is an agency relationship.

      (h) ``Dispense'' means to deliver a controlled substance to an ultimate
user or research subject by or pursuant to the lawful order of a practi-
tioner, including the packaging, labeling or compounding necessary to
prepare the substance for that delivery, or pursuant to the prescription
of a mid-level practitioner.

      (i) ``Dispenser'' means a practitioner or pharmacist who dispenses.

      (j) ``Distribute'' means to deliver other than by administering or dis-
pensing a controlled substance.

      (k) ``Distributor'' means a person who distributes.

      (l) ``Drug'' means: (1) Substances recognized as drugs in the official
United States pharmacopoeia, official homeopathic pharmacopoeia of the
United States or official national formulary or any supplement to any of
them; (2) substances intended for use in the diagnosis, cure, mitigation,
treatment or prevention of disease in man or animals; (3) substances
(other than food) intended to affect the structure or any function of the
body of man or animals; and (4) substances intended for use as a com-
ponent of any article specified in clause (1), (2) or (3) of this subsection.
It does not include devices or their components, parts or accessories.

      (m) ``Immediate precursor'' means a substance which the board has
found to be and by rule and regulation designates as being the principal
compound commonly used or produced primarily for use and which is
an immediate chemical intermediary used or likely to be used in the
manufacture of a controlled substance, the control of which is necessary
to prevent, curtail or limit manufacture.

      (n) ``Manufacture'' means the production, preparation, propagation,
compounding, conversion or processing of a controlled substance either
directly or indirectly by extraction from substances of natural origin or
independently by means of chemical synthesis or by a combination of
extraction and chemical synthesis and includes any packaging or repack-
aging of the substance or labeling or relabeling of its container, except
that this term does not include the preparation or compounding of a
controlled substance by an individual for the individual's own lawful use
or the preparation, compounding, packaging or labeling of a controlled
substance: (1) By a practitioner or the practitioner's agent pursuant to a
lawful order of a practitioner as an incident to the practitioner's admin-
istering or dispensing of a controlled substance in the course of the prac-
titioner's professional practice; or

      (2) by a practitioner or by the practitioner's authorized agent under
such practitioner's supervision for the purpose of or as an incident to
research, teaching or chemical analysis or by a pharmacist or medical care
facility as an incident to dispensing of a controlled substance.

      (o) ``Marijuana'' means all parts of all varieties of the plant Cannabis
whether growing or not, the seeds thereof, the resin extracted from any
part of the plant and every compound, manufacture, salt, derivative, mix-
ture or preparation of the plant, its seeds or resin. It does not include the
mature stalks of the plant, fiber produced from the stalks, oil or cake
made from the seeds of the plant, any other compound, manufacture,
salt, derivative, mixture or preparation of the mature stalks, except the
resin extracted therefrom, fiber, oil, or cake or the sterilized seed of the
plant which is incapable of germination.

      (p) ``Narcotic drug'' means any of the following whether produced
directly or indirectly by extraction from substances of vegetable origin or
independently by means of chemical synthesis or by a combination of
extraction and chemical synthesis: (1) Opium and opiate and any salt,
compound, derivative or preparation of opium or opiate;

      (2) any salt, compound, isomer, derivative or preparation thereof
which is chemically equivalent or identical with any of the substances
referred to in clause (1) but not including the isoquinoline alkaloids of
opium;

      (3) opium poppy and poppy straw;

      (4) coca leaves and any salt, compound, derivative or preparation of
coca leaves, and any salt, compound, isomer, derivative or preparation
thereof which is chemically equivalent or identical with any of these sub-
stances, but not including decocainized coca leaves or extractions of coca
leaves which do not contain cocaine or ecgonine.

      (q) ``Opiate'' means any substance having an addiction-forming or
addiction-sustaining liability similar to morphine or being capable of con-
version into a drug having addiction-forming or addiction-sustaining lia-
bility. It does not include, unless specifically designated as controlled
under K.S.A. 65-4102 and amendments thereto, the dextrorotatory iso-
mer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan).
It does include its racemic and levorotatory forms.

      (r) ``Opium poppy'' means the plant of the species Papaver somni-
ferum l. except its seeds.

      (s) ``Person'' means individual, corporation, government, or govern-
mental subdivision or agency, business trust, estate, trust, partnership or
association or any other legal entity.

      (t) ``Poppy straw'' means all parts, except the seeds, of the opium
poppy, after mowing.

      (u) ``Pharmacist'' means an individual currently licensed by the board
to practice the profession of pharmacy in this state.

      (v) ``Practitioner'' means a person licensed to practice medicine and
surgery, dentist, podiatrist, veterinarian, optometrist licensed under the
optometry law as a therapeutic licensee or diagnostic and therapeutic
licensee, or scientific investigator or other person authorized by law to
use a controlled substance in teaching or chemical analysis or to conduct
research with respect to a controlled substance.

      (w) ``Production'' includes the manufacture, planting, cultivation,
growing or harvesting of a controlled substance.

      (x) ``Ultimate user'' means a person who lawfully possesses a con-
trolled substance for such person's own use or for the use of a member
of such person's household or for administering to an animal owned by
such person or by a member of such person's household.

      (y) ``Isomer'' means all enantiomers and diastereomers.

      (z) ``Medical care facility'' shall have the meaning ascribed to that
term in K.S.A. 65-425 and amendments thereto.

      (aa) ``Cultivate'' means the planting or promotion of growth of five
or more plants which contain or can produce controlled substances.

      (bb)  (1) ``Controlled substance analog'' means a substance that is in-
tended for human consumption, and:

      (A) The chemical structure of which is substantially similar to the
chemical structure of a controlled substance listed in or added to the
schedules designated in K.S.A. 65-4105 or 65-4107 and amendments
thereto; and:

      (A) (B) which has a stimulant, depressant or hallucinogenic effect on
the central nervous system substantially similar to the stimulant, depres-
sant or hallucinogenic effect on the central nervous system of a controlled
substance included in the schedules designated in K.S.A. 65-4105 or 65-
4107 and amendments thereto; or

      (B) (C) with respect to a particular individual, which the 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 the schedules designated in K.S.A. 65-
4105 or 65-4107 and amendments thereto.

      (2) ``Controlled substance analog'' does not include:

      (A) A controlled substance;

      (B) a substance for which there is an approved new drug application;
or

      (C) a substance with respect to which an exemption is in effect for
investigational use by a particular person under section 505 of the federal
food, drug, and cosmetic act (21 U.S.C. 355) to the extent conduct with
respect to the substance is permitted by the exemption; or

      (D) any substance to the extent not intended for human consumption
before an exemption takes effect with respect to the substance.

      (cc) ``Mid-level practitioner'' means an advanced registered nurse
practitioner issued a certificate of qualification pursuant to K.S.A. 65-1131
and amendments thereto, who has authority to prescribe drugs pursuant
to a written protocol with a responsible physician under K.S.A. 65-1130,
and amendments thereto or a physician assistant licensed under the phy-
sician assistant licensure act who has authority to prescribe drugs pursuant
to a written protocol with a responsible physician under K.S.A. 2000
Supp. 65-28a08 and amendments thereto.

      Sec.  3. K.S.A. 2000 Supp. 65-4105 is hereby amended to read as
follows: 65-4105. (a) The controlled substances listed in this section are
included in schedule I and the number set forth opposite each drug or
substance is the DEA controlled substances code which has been assigned
to it.

      (b) Any of the following opiates, including their isomers, esters,
ethers, salts, and salts of isomers, esters and ethers, unless specifically
excepted, whenever the existence of these isomers, esters, ethers and salts
is possible within the specific chemical designation:

  (1)Acetyl-alpha-methylfentanyl
(N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]
-N-phenylacetamide		 9815
        (2)Acetylmethadol 9601
  (3)Allylprodine 9602
  (4)Alphacetylmethadol 9603
            (except levo-alphacetylmethadol also known as

            levo-alpha-acetylmethadol, levomethadyl acetate or LAAM)

  (5)Alphameprodine 9604
  (6)Alphamethadol 9605
  (7)Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine) 9814
  (8)Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl) ethyl-4-piperidinyl]-N-phenylpropanamide) 9832
  (9)Benzethidine 9606
(10)Betacetylmethadol 9607
(11)Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide 9830
(12)Beta-hydroxy-3-methylfentanyl (other name: N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide 9831
(13)Betameprodine 9608
(14)Betamethadol 9609
(15)Betaprodine 9611
(16)Clonitazene 9612
(17)Dextromoramide 9613
(18)Diampromide 9615
(19)Diethylthiambutene 9616
(20)Difenoxin 9168
(21)Dimenoxadol 9617
(22)Dimepheptanol 9618
(23)Dimethylthiambutene 9619
(24)Dioxaphetyl butyrate 9621
(25)Dipipanone 9622
(26)Ethylmethylthiambutene 9623
(27)Etonitazene 9624
(28)Etoxeridine 9625
(29)Furethidine 9626
(30)Hydroxypethidine 9627
(31)Ketobemidone 9628
(32)Levomoramide 9629
(33)Levophenacylmorphan 9631
(34)3-Methylfentanyl
(N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]
-N-phenylpropanamide)		 9813
(35)3-Methylthiofentanyl
(N-[(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-
N-phenylpropanamide)		 9833
(36)Morpheridine 9632
(37)MPPP (1-methyl-4-phenyl-4-propionoxypiperidine) 9661
(38)Noracymethadol 9633
(39)Norlevorphanol 9634
(40)Normethadone 9635
(41)Norpipanone 9636
(42)Para-fluorofentanyl
(N-(4-fluorophenyl)-N-[1-(2-phenethyl) -4-piperidinyl] propanamide		 9812
(43)PEPAP (1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine) 9663
(44)Phenadoxone 9637
(45)Phenampromide 9638
(46)Phenomorphan 9647
(47)Phenoperidine 9641
(48)Piritramide 9642
(49)Proheptazine 9643
(50)Properidine 9644
(51)Propiram 9649
(52)Racemoramide 9645
(53)Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4- piperidinyl]-propanamide 9835
(54)Tilidine 9750
(55)Trimeperidine 9646
(c) Any of the following opium derivatives, their salts, isomers and salts
of isomers, unless specifically excepted, whenever the existence of these
salts, isomers and salts of isomers is possible within the specific chemical
designation:

        (1)Acetorphine 9319
  (2)Acetyldihydrocodeine 9051
  (3)Benzylmorphine 9052
  (4)Codeine methylbromide 9070
  (5)Codeine-N-Oxide 9053
  (6)Cyprenorphine 9054
  (7)Desomorphine 9055
  (8)Dihydromorphine 9145
  (9)Drotebanol 9335
(10)Etorphine (except hydrochloride salt) 9056
(11)Heroin 9200
(12)Hydromorphinol 9301
(13)Methyldesorphine 9302
(14)Methyldihydromorphine 9304
(15)Morphine methylbromide 9305
(16)Morphine methylsulfonate 9306
(17)Morphine-N-Oxide 9307
(18)Myrophine 9308
(19)Nicocodeine 9309
(20)Nicomorphine 9312
(21)Normorphine 9313
(22)Pholcodine 9314
(23)Thebacon 9315
 (d) Any material, compound, mixture or preparation which contains
any quantity of the following hallucinogenic substances, their salts, iso-
mers and salts of isomers, unless specifically excepted, whenever the ex-
istence of these salts, isomers and salts of isomers is possible within the
specific chemical designation:

  (1)4-bromo-2,5-dimethoxy-amphetamine 7391
            Some trade or other names: 4-bromo-2,5-dimethoxy-alpha-

            methylphenethylamine; 4-bromo-2,5-DMA.

  (2)2,5-dimethoxyamphetamine 7396
            Some trade or other names: 2,5-dimethoxy-alpha-methyl-

            phenethylamine; 2,5-DMA.

  (3)4-methoxyamphetamine 7411
            Some trade or other names: 4-methoxy-alpha-methylphene-

            thylamine; paramethoxyamphetamine; PMA.

  (4)5-methoxy-3,4-methylenedioxy-amphetamine 7401
  (5)4-methyl-2,5-dimethoxy-amphetamine 7395
            Some trade or other names: 4-methyl-2,5-dimethoxy-alpha-

            methylphenethylamine; ``DOM''; and ``STP''.

  (6)3,4-methylenedioxy amphetamine 7400
  (7)3,4-methylenedioxymethamphetamine (MDMA) 7405
  (8)3,4-methylenedioxy-N-ethylamphetamine (also known
as N-ethyl-alpha-methyl-3,4 (methylenedioxy) phenethylamine, N-ethyl MDA, MDE, and MDEA)		 7404
  (9)N-hydroxy-3,4-methylenedioxyamphetamine (also known as
N-hydroxy-alpha-methyl-3,4(methylenedioxy) phenethylamine, and N-hydroxy MDA)		 7402
(10)3,4,5-trimethoxy amphetamine 7390
(11)Bufotenine 7433
            Some trade or other names: 3-(Beta-Dimethyl- aminoethyl)

            -5-hydroxyindole; 3-(2-dimethyl- aminoethyl) -5-indolol; N,N

            -dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine.

(12)Diethyltryptamine 7434
            Some trade or other names: N,N-Diethyltryptamine; DET.

(13)Dimethyltryptamine 7435
            Some trade or other names: DMT.

(14)Ibogaine 7260
            Some trade or other names: 7-Ethyl-6,6 Beta,7,8,9,10,12,13

            octahydro-2-methoxy-6,9-methano -5H-pyrido[1',2':1,2] azepino

            [5,4-b]indole; Tabernanthe iboga.

(15)Lysergic acid diethylamide 7315
(16)Marihuana 7360
(17)Mescaline 7381
(18)Parahexyl 7374
            Some trade or other names: 3-Hexyl-l-hydroxy-7,8,9,10-tetrah-
            ydro-6,6,9- trimethyl-6H-dibenzo[b,d]pyran; Synhexyl.

(19)Peyote 7415
            Meaning all parts of the plant presently classified botanically as
            Lophophora williamsii Lemaire, whether growing or not, the
            seeds thereof, any extract from any part of such plant, and every
            compound, manufacture, salts, derivative, mixture or prepara-
            tion of such plant, its seeds or extracts.

(20)N-ethyl-3-piperidyl benzilate 7482
(21)N-methyl-3-piperidyl benzilate 7484
(22)Psilocybin 7437
(23)Psilocyn 7438
(24)Tetrahydrocannabinols 7370
            Synthetic equivalents of the substances contained in the plant,
            or in the resinous extractives of Cannabis, sp. and/or synthetic
            substances, derivatives, and their isomers with similar chemical
            structure and pharmacological activity such as the following:
            Delta 1 cis or trans tetrahydrocannabinol, and their optical iso-
            mers Delta 6 cis or trans tetrahydrocannabinol, and their optical
            isomers Delta 3,4 cis or trans tetrahydrocannabinol, and its op-
            tical isomers (Since nomenclature of these substances is not in-
            ternationally standardized, compounds of these structures, re-
            gardless of numerical designation of atomic positions covered.)

(25)Ethylamine analog of phencyclidine 7455
            Some trade or other names: N-ethyl-1-phenyl- cyclo-

            hexylamine; (1-phenylcyclohexyl)ethylamine; N-(1-phenylcy-
            clohexyl)ethylamine; cyclohexamine; PCE.

(26)Pyrrolidine analog of phencyclidine 7458
            Some trade or other names: 1-(1-phenylcyclo- hexyl)-

            pyrrolidine; PCPy; PHP.

(27)Thiophene analog of phencyclidine 7470
            Some trade or other names: 1-[1-(2-thienyl)- cyclohexyl]

            -piperidine; 2-thienylanalog of phencyclidine; TPCP; TCP.

(28)1-[1-(2-thienyl)-cyclohexyl] pyrrolidine 7473
            Some other names: TCPy

(29)2,5-dimethoxy-4-ethylamphetamine 7399
            Some trade or other names: DOET

      (e) Any material, compound, mixture or preparation which contains
any quantity of the following substances having a depressant effect on the
central nervous system, including its salts, isomers, and salts of isomers
whenever the existence of such salts, isomers, and salts of isomers is
possible within the specific chemical designation:

      (1)Mecloqualone 2572
      (2)Methaqualone 2565
      (3) Gamma hydroxybutyric acid

      (f) Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture or preparation which contains any quan-
tity of the following substances having a stimulant effect on the central
nervous system, including its salts, isomers and salts of isomers:

      (1)Fenethylline 1503
      (2)N-ethylamphetamine 1475
(3)( + )cis-4-methylaminorex (( + )cis-4,5-dihydro-4-methyl-5-phenyl- 2-oxazolamine) 1590
(4)N,N-dimethylamphetamine (also known as N,N-alpha-trimethyl- benzeneethanamine; N,N-alpha-trimethylphenethylamine) 1480
(5)Cathinone (some other names: 2-amino-1-phenol-1-propanone, alpha-amino propiophenone, 2-amino propiophenone and norphedrone) 1235
      (g) Any material, compound, mixture or preparation which contains
any quantity of the following substances:

(1)N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl), its optical isomers, salts and salts of isomers 9818
(2)N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl), its optical isomers, salts and salts of isomers 9834
(3)Methcathinone (some other names: 2-methylamino-1-phenylpropan-1-one: Ephedrone: Monomethylpropion: UR1431, its salts, optical isomers and salts of optical isomers) 1237
(4)Aminorex (some other names:Aminoxaphen 2-amino-5-phenyl-2-oxazoline or 4,5-dihydro-5-phenyl-2-oxazolamine, its salts, optical isomers and salts of optical isomers) 1585
(5)Alpha-ethyltryptamine, its optical isomers, salts and salts of isomers 7249
            Some other names: etryptamine, alpha-methyl-1H-indole-3-
            ethanamine; 3-(2-aminobutyl) indole.

      Sec.  4. K.S.A. 2000 Supp. 65-4109 is hereby amended to read as
follows: 65-4109. (a) The controlled substances listed in this section are
included in schedule III and the number set forth opposite each drug or
substance is the DEA controlled substances code which has been assigned
to it.

      (b) Unless listed in another schedule, any material, compound, mix-
ture, or preparation which contains any quantity of the following sub-
stances having a potential for abuse associated with a depressant effect
on the central nervous system:

(1)Any compound, mixture or preparation containing:
(A)Amobarbital		 2126
(B)Secobarbital 2316
(C)Pentobarbital 2271
or any salt thereof and one or more other active medicinal ingredients
which are not listed in any schedule.

(2)Any suppository dosage form containing:
(A)Amobarbital		 2126
(B)Secobarbital 2316
(C)Pentobarbital 2271
or any salt of any of these drugs and approved by the Food and Drug
Administration for marketing only as a suppository.

  (3)Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, except those substances which are specifically listed in other schedules 2100
  (4)Chlorhexadol 2510
  (5)Lysergic acid 7300
  (6)Lysergic acid amide 7310
  (7)Methyprylon 2575
  (8)Sulfondiethylmethane 2600
  (9)Sulfonethylmethane 2605
(10)Sulfonmethane 2610
(11)Tiletamine and zolazepam or any salt thereof 7295
            Some trade or other names for a tiletamine-zolazepam combi-
            nation product: Telazol

            Some trade or other names for tiletamine: 2- (ethylamino)-2-(2-
            thienyl)-cyclohexanone

            Some trade or other names for zolazepam: 4- (2-fluorophenyl)-
            6,8-dihydro-1,3,8-trimethylpyrazolo-[3,4-e][1,4]-diazepin-
            7(1H)-one, flupyrazapon

(12)Ketamine, its salts, isomers, and salts of isomers 7285
            Some other names for ketamine: (<plus-minus>) -2-(2-chlo-
            rophenyl)-2-(methylamino)-cyclohexanone

(13)Gamma hydroxybutyric acid, any salt, hydroxybutyric compound, derivative or preparation of gamma hydroxybutyric acid contained in a drug product for which an application has been approved under section 505 of the federal food, drug and cosmetic act
(c)Nalorphine 9400
      (d) Any material, compound, mixture or preparation containing any
of the following narcotic drugs or any salts calculated as the free anhy-
drous base or alkaloid, in limited quantities as set forth below:

(1)Not more than 1.8 grams of codeine or any of its salts per 100 milliliters or not more than 90 milligrams per dosage unit with an equal or greater quantity of an isoquinoline alkaloid of opium 9803
(2)not more than 1.8 grams of codeine or any of its salts per 100 milliliters or not more than 90 milligrams per dosage unit with one or more active, nonnarcotic ingredients in recognized therapeutic amounts 9804
(3)not more than 300 milligrams of dihydrocodeinone (hydrocodone) or any of its salts per 100 milliliters or not more than 15 milligrams per dosage unit with a fourfold or greater quantity of an isoquinoline alkaloid of opium 9805
(4)not more than 300 milligrams of dihydrocodeinone (hydrocodone) or any of its salts per 100 milliliters or not more than 15 milligrams per dosage unit with one or more active, nonnarcotic ingredients in recognized therapeutic amounts 9806
(5)not more than 1.8 grams of dihydrocodeine or any of its salts per 100 milliliters or not more than 90 milligrams per dosage unit with one or more active, nonnarcotic ingredients in recognized therapeutic amounts 9807
(6)not more than 300 milligrams of ethylmorphine or any of its salts per 100 milliliters or not more than 15 milligrams per dosage unit with one or more active, nonnarcotic ingredients in recognized therapeutic amounts 9808
(7)not more than 500 milligrams of opium per 100 milliliters or per 100 grams or not more than 25 milligrams per dosage unit with one or more active, nonnarcotic ingredients in recognized therapeutic amounts 9809
(8)not more than 50 milligrams of morphine or any of its salts per 100 milliliters or per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts 9810
      (e) Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture or preparation which contains any quan-
tity of the following substances having a stimulant effect on the central
nervous system, including its salts, isomers (whether optical, position or
geometric) and salts of such isomers whenever the existence of such salts,
isomers and salts of isomers is possible within the specific chemical des-
ignation:

(1)Those compounds, mixtures or preparations in dosage unit form containing any stimulant substance listed in schedule II, which compounds, mixtures or preparations were listed on August 25, 1971, as excepted compounds under section 308.32 of title 21 of the code of federal regulations, and any other drug of the quantitive composition shown in that list for those drugs or which is the same, except that it contains a lesser quantity of controlled substances 1405
(2)Benzphetamine 1228
      (3)Chlorphentermine 1645
      (4)Chlortermine 1647
      (5)Phendimetrazine 1615
(f)Anabolic steroids 4000
      ``Anabolic steroid'' means any drug or hormonal substance, chemically
and pharmacologically related to testosterone (other than estrogens, pro-
gestins, and corticosteroids) that promotes muscle growth, and includes:

        (1) boldenone

        (2) chlorotestosterone (4-chlortestosterone)

        (3) clostebol

        (4) dehydrochlormethyltestosterone

        (5) dihydrotestosterone (4-dihydrotestosterone)

        (6) drostanolone

        (7) ethylestrenol

        (8) fluoxymesterone

        (9) formebulone (formebolone)

      (10)  mesterolone

      (11)  methandienone

      (12)  methandranone

      (13)  methandriol

      (14)  methandrostenolone

      (15)  methenolone

      (16)  methyltestosterone

      (17)  mibolerone

      (18)  nandrolone

      (19)  norethandrolone

      (20)  oxandrolone

      (21)  oxymesterone

      (22)  oxymetholone

      (23)  stanolone

      (24)  stanozolol

      (25)  testolactone

      (26)  testosterone

      (27)  trenbolone

 (28)  any salt, ester, or isomer of a drug or substance described or listed in this paragraph,
            if that salt, ester, or isomer promotes muscle growth.

                  (A) Except as provided in (B), such term does not include an anabolic
            steroid which is expressly intended for administration through implants
            to cattle or other nonhuman species and which has been approved by the
            United States' secretary of health and human services for such adminis-
            tration.

                  (B) If any person prescribes, dispenses or distributes such steroid for
            human use, such person shall be considered to have prescribed, dispensed
            or distributed an anabolic steroid within the meaning of this subsection
            (f).

                  (g) Any material, compound, mixture or preparation which contains
            any quantity of the following hallucinogenic substance, its salts, isomers
            and salts of isomers, unless specifically excepted, whenever the existence
            of these salts, isomers and salts of isomers is possible within the specific
            chemical designation:

(1)Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a United States food and drug administration approved product 7369
            Some other names for dronabinol: (6aR-trans)-6a,7,8,10a-tetrah-
            ydro -6-6-9-trimethyl-3-pentyl-6H-dibenzo(b,d)pyran-1-0l, or (-)-
            delta-9- (trans)-tetrahydrocannabinol.

      (h) The board may except by rule any compound, mixture or prepa-
ration containing any stimulant or depressant substance listed in subsec-
tion (b) from the application of all or any part of this act if the compound,
mixture or preparation contains one or more active medicinal ingredients
not having a stimulant or depressant effect on the central nervous system
and if the admixtures are included therein in combinations, quantity, pro-
portion or concentration that vitiate the potential for abuse of the sub-
stances which have a stimulant or depressant effect on the central nervous
system.

      Sec.  5. K.S.A. 2000 Supp. 65-4111 is hereby amended to read as
follows: 65-4111. (a) The controlled substances listed in this section are
included in schedule IV and the number set forth opposite each drug or
substance is the DEA controlled substances code which has been assigned
to it.

      (b) Any material, compound, mixture or preparation which contains
any quantity of the following substances including its salts, isomers and
salts of isomers whenever the existence of such salts, isomers and salts of
isomers is possible within the specific chemical designation and having a
potential for abuse associated with a depressant effect on the central
nervous system:

  (1)Alprazolam 2882
  (2)Barbital 2145
  (3)Bromazepam 2748
  (4)Camazepam 2749
  (5)Chloral betaine 2460
  (6)Chloral hydrate 2465
  (7)Chlordiazepoxide 2744
  (8)Clobazam 2751
  (9)Clonazepam 2737
(10)Clorazepate 2768
(11)Clotiazepam 2752
(12)Cloxazolam 2753
(13)Delorazepam 2754
(14)Diazepam 2765
(15)Estazolam 2756
(16)Ethchlorvynol 2540
(17)Ethinamate 2545
(18)Ethyl loflazepate 2758
(19)Fludiazepam 2759
(20)Flunitrazepam 2763
(21)Flurazepam 2767
(22)Halazepam 2762
(23)Haloxazolam 2771
(24)Ketazolam 2772
(25)Loprazolam 2773
(26)Lorazepam 2885
(27)Lormetazepam 2774
(28)Mebutamate 2800
(29)Medazepam 2836
(30)Meprobamate 2820
(31)Methohexital 2264
(32)Methylphenobarbital (mephobarbital) 2250
(33)Midazolam 2884
(34)Nimetazepam 2837
(35)Nitrazepam 2834
(36)Nordiazepam 2838
(37)Oxazepam 2835
(38)Oxazolam 2839
(39)Paraldehyde 2585
(40)Petrichloral 2591
(41)Phenobarbital 2285
(42)Pinazepam 2883
(43)Prazepam 2764
(44)Quazepam 2881
(45)Temazepam 2925
(46)Tetrazepam 2886
(47)Triazolam 2887
(48)Zolpidem 2783
(49)Gamma hydroxybutyric acid
(50)Zaleplon 2781
      (c) Any material, compound, mixture, or preparation which contains
any quantity of fenfluramine (1670), including its salts, isomers (whether
optical, position or geometric) and salts of such isomers, whenever the
existence of such salts, isomers and salts of isomers is possible. The pro-
visions of this subsection (c) shall expire on the date fenfluramine and its
salts and isomers are removed from schedule IV of the federal controlled
substances act (21 United States code 812; 21 code of federal regulations
1308.14).

      (d) Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture or preparation which contains any quan-
tity of the following substances having a stimulant effect on the central
nervous system, including its salts, isomers (whether optical, position or
geometric) and salts of such isomers whenever the existence of such salts,
isomers and salts of isomers is possible within the specific chemical des-
ignation:

  (1)Cathine (( + )-norpseudoephedrine) 1230
  (2)Diethylpropion 1610
  (3)Fencamfamin 1760
  (4)Fenproporex 1575
  (5)Mazindol 1605
  (6)Mefenorex 1580
  (7)Pemoline (including organometallic complexes and chelates thereof) 1530
  (8)Phentermine 1640
      The provisions of this subsection (d)(8) shall expire on the date phen-
termine and its salts and isomers are removed from schedule IV of the
federal controlled substances act (21 United States code 812; 21 code of
federal regulations 1308.14).

  (9)Pipradrol 1750
(10)SPA((-)-1-dimethylamino-1,2-diphenylethane) 1635
(11)Sibutramine 1675
(12)Mondafinil 1680
      (e) Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture or preparation which contains any quan-
tity of the following, including salts thereof:

(1)Pentazocine 9709
(2)Butorphanol (including its optical isomers) 9720
      (f) Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture or preparation containing any of the
following narcotic drugs, or their salts calculated as the free anhydrous
base or alkaloid, in limited quantities as set forth below:

(1)Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit 9167
(2)Dextropropoxyphene (alpha-( + )-4-dimethylamino-1,2-diphenyl-3- methyl-2-propionoxybutane) 9278
      (g) Butyl nitrite and its salts, isomers, esters, ethers or their salts.

      (h) The board may except by rule and regulation any compound, mix-
ture or preparation containing any depressant substance listed in subsec-
tion (b) from the application of all or any part of this act if the compound,
mixture or preparation contains one or more active medicinal ingredients
not having a depressant effect on the central nervous system, and if the
admixtures are included therein in combinations, quantity, proportion or
concentration that vitiate the potential for abuse of the substances which
have a depressant effect on the central nervous system.

      Sec.  6. K.S.A. 2000 Supp. 65-7003 is hereby amended to read as
follows: 65-7003. As used in K.S.A. 2000 Supp. 65-7001 through 65-7015
and amendments thereto:

      (a) ``Act'' means the Kansas chemical control act;

      (b) ``administer'' means the application of a regulated chemical
whether by injection, inhalation, ingestion or any other means, directly
into the body of a patient or research subject, such administration to be
conducted by: (1) A practitioner, or in the practitioner's presence, by such
practitioner's authorized agent; or

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

      (c) ``agent or representative'' means a person who is authorized to
receive, possess, manufacture or distribute or in any other manner control
or has access to a regulated chemical on behalf of another person;

      (d) ``bureau'' means the Kansas bureau of investigation;

      (e) ``department'' means the Kansas department of health and envi-
ronment;

      (f) ``director'' means the director of the Kansas bureau of investiga-
tion;

      (g) ``dispense'' means to deliver a regulated chemical to an ultimate
user, patient or research subject by, or pursuant to the lawful order of, a
practitioner, including the prescribing, administering, packaging, labeling
or compounding necessary to prepare the regulated chemical for that
delivery;

      (h) ``distribute'' means to deliver other than by administering or dis-
pensing a regulated chemical;

      (i) ``manufacture'' means to produce, prepare, propagate, compound,
convert or process a regulated chemical directly or indirectly, by extrac-
tion from substances of natural origin, chemical synthesis or a combina-
tion of extraction and chemical synthesis, and includes packaging or re-
packaging of the substance or labeling or relabeling of its container. The
term excludes the preparation, compounding, packaging, repackaging, la-
beling or relabeling of a regulated chemical:

      (1) By a practitioner as an incident to the practitioner's administering
or dispensing of a regulated chemical in the course of the practitioner's
professional practice; or

      (2) by a practitioner, or by the practitioner's authorized agent under
the practitioner's supervision, for the purpose of, or as an incident to
research, teaching or chemical analysis and not for sale;

      (j) ``person'' means individual, corporation, business trust, estate,
trust, partnership, association, joint venture, government, governmental
subdivision or agency, or any other legal or commercial entity;

      (k) ``practitioner'' means a person licensed to practice medicine and
surgery, pharmacist, dentist, podiatrist, veterinarian, optometrist licensed
under the optometry laws as a therapeutic licensee or diagnostic and
therapeutic licensee, or scientific investigator or other person authorized
by law to use a controlled substance in teaching or chemical analysis or
to conduct research with respect to a controlled substance;

      (l) ``regulated chemical'' means a chemical that is used directly or
indirectly to manufacture a controlled substance or other regulated chem-
ical, or is used as a controlled substance analog, in violation of the state
controlled substances act or this act. The fact that a chemical may be used
for a purpose other than the manufacturing of a controlled substance or
regulated chemical does not exempt it from the provisions of this act.
Regulated chemical includes:

        (1) Acetic anhydride (CAS No. 108-24-7);

        (2) benzaldehyde (CAS No. 100-52-7);

        (3) benzyl chloride (CAS No. 100-44-7);

        (4) benzyl cyanide (CAS No. 140-29-4);

        (5) diethylamine and its salts (CAS No. 109-89-7);

        (6) ephedrine, its salts, optical isomers and salts of optical isomers
(CAS No. 299-42-3), except products containing ephedra or ma huang,
which do not contain any chemically synthesized ephedrine alkaloids, and
are lawfully marketed as dietary supplements under federal law;

        (7) hydriodic acid (CAS No. 10034-85-2);

        (8) iodine (CAS No. 7553-56-2);

        (9) lithium (CAS No. 7439-93-2);

      (10) methylamine and its salts (CAS No. 74-89-5);

      (11) nitroethane (CAS No. 79-24-3);

      (12) chloroephedrine, its salts, optical isomers, and salts of optical
isomers (CAS No. 30572-91-9);

      (13) phenylacetic acid, its esters and salts (CAS No. 103-82-2);

      (14) phenylpropanolamine, its salts, optical isomers, and salts of op-
tical isomers (CAS No. 14838-15-4);

      (15) piperidine and its salts (CAS No. 110-89-4);

      (16) pseudoephedrine, its salts, optical isomers, and salts of optical
isomers (CAS No. 90-82-4);

      (17) red phosphorous (CAS No. 7723-14-0);

      (18) sodium (CAS No. 7440-23-5); and

      (19) thionylchloride (CAS No. 7719-09-7);

      (20) gamma butyrolactone (GBL), including butyrolactone; butyro-
lactone gamma; 4-butyrolactone; 2(3H)-furanone dihydro; dihydro-
2(3H)-furanone; tetrahydro-2-furanone; 1,2-butanolide; 1,4-butanolide;
4-butanolide; gamma-hydroxybutyric acid lactone; 3-hydroxybutyric acid
lactone and 4-hydroxybutanoic acid lactone; CAS No. 96-48-0; and

      (21) 1,4 butanediol, including butanediol; butane-1,4-diol; 1,4-butyl-
ene glycol; butylene glycol; 1,4-dihydroxybutane; 1,4-tetramethylene gly-
col; tetramethylene glycol; tetramethylene 1,4-diol; CAS No. 110-63-4;

      (m) ``regulated chemical distributor'' means any person subject to the
provisions of the Kansas chemical control act who manufactures or dis-
tributes a regulated chemical;

      (n) ``regulated chemical retailer'' means any person who sells regu-
lated chemicals directly to the public;

      (o) ``regulated chemical transaction'' means the manufacture of a reg-
ulated chemical or the distribution, sale, exchange or other transfer of a
regulated chemical within or into the state or from this state into another
state; and

      (p) ``secretary'' means the secretary of health and environment.

 Sec.  7. K.S.A. 2000 Supp. 21-3445, 65-4101, as amended by Section
3 of 2001 House Bill No. 2457, 65-4105, 65-4109, 65-4111 and 65-7003
are hereby repealed.
 Sec.  8. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 9, 2001.
__________