Brief ⁽¹⁾

SB 512 amends five sections of the Uniform Controlled Substances Act and one criminal statute. The bill also repeals one section of the Uniform Controlled Substances Act. The amendments bring the Uniform Controlled Substances Act into conformance with federal changes in the scheduling of controlled substances.

Section 1 of SB 512, which is not a part of the Uniform Controlled Substances Act, amends a criminal code statute that concerns the unlawful administration of a substance. The statute, in the definition of unlawful administration of a substance, currently includes the substance "Ketamine" as one of the named substances for the purposes of the definition. Since Ketamine is made a controlled substance by Section 3 of SB 512 it will be covered by the phrase "controlled substance" in the definition. The House Committee amendment changes the penalty for the crime of unlawful administration of a substance from a class A person misdemeanor to a severity level 7, person felony.

Section 2 deletes the substance "Dronabinol" from the list of Schedule II controlled substances. The next section adds Dronabinol to the list of Schedule III controlled substances, along with the substance "Ketamine," not previously a scheduled controlled substance.

Section 4 of SB 512 adds two new substances "Mondafinil" and "Zaleplan" to the list of Schedule IV controlled substances. Additionally, the section adds two substances to this statute, "Sibutramine" and "Butorphanol" which are not being newly scheduled, but which now appear in another statute that is parallel to K.S.A. 1999 65-4111 and which is repealed by SB 512 (KSA 65-4111a).

Sections 5 and 6 make changes in the two statutes relating to acts that are unlawful under the Uniform Controlled Substances Act to reflect the addition of Ketamine to the controlled substances and the rescheduling of Dronabinol.

As amended by Committee, SB 512 would become effective on publication in the Kansas Register to make the Kansas laws conform with the Federal Uniform Controlled Substances Act schedules as soon as possible.

Background

Introduction of SB 512 was requested by the Board of Pharmacy as required by the Uniform Controlled Substances Act to bring Kansas laws into conformity with changes made in federal schedules by the Drug Enforcement Administration subsequent to the last legislative session.

The House Committee amendment was requested by a member of the House Committee.

Passage of SB 512 would have no fiscal effect.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html