{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-3443.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-3443.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-3443.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-3443.html"}],"law_id":66818,"edition_id":1,"section_id":66818,"structure_id":13782,"section_number":"54.1-3443","catch_line":"Board to administer article","history":"1972, c. 798, \u00a7 54-524.84:1; 1976, c. 614; 1988, c. 765; 1993, c. 866; 1996, c. 408; 2014, cc. 674, 719; 2017, cc. 416, 432; 2023, cc. 744, 794.","full_text":"A\n\nThe Board shall administer this article and may add substances to or deschedule or reschedule all substances enumerated in the schedules in this article pursuant to the procedures of the Administrative Process Act (\u00a7 2.2-4000 et seq.). In making a determination regarding a substance, the Board shall consider the following:1\n\nThe actual or relative potential for abuse;2\n\nThe scientific evidence of its pharmacological effect, if known;3\n\nThe state of current scientific knowledge regarding the substance;4\n\nThe history and current pattern of abuse;5\n\nThe scope, duration, and significance of abuse;6\n\nThe risk to the public health;7\n\nThe potential of the substance to produce psychic or physical dependence; and8\n\nWhether the substance is an immediate precursor of a substance already controlled under this article.B\n\nAfter considering the factors enumerated in subsection A, the Board shall make findings and issue a regulation controlling the substance if it finds the substance has a potential for abuse.C\n\nIf the Board designates a substance as an immediate precursor, substances which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.D\n\nIf the Board, in consultation with the Department of Forensic Science, determines the substance shall be placed into Schedule I or II pursuant to § 54.1-3445 or 54.1-3447, the Board may amend its regulations pursuant to Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act. Prior to making such amendments, the Board shall conduct a public hearing. At least 30 days prior to conducting such hearing, it shall post notice of the hearing on the Virginia Regulatory Town Hall and shall send notice of the hearing to any persons requesting to be notified of a regulatory action. In the notice, the Board shall include a list of all substances it intends to schedule by regulation. The Board shall notify the House and Senate Committees for Courts of Justice of any new substance added to Schedule I or II pursuant to this subsection. Any substance added to Schedule I or II pursuant to this subsection shall remain on Schedule I or II for a period of 18 months. Upon expiration of such 18-month period, such substance shall be descheduled unless a general law is enacted adding such substance to Schedule I or II. Nothing in this subsection shall preclude the Board from adding substances to or descheduling or rescheduling all substances enumerated in the schedules pursuant to the provisions of subsections A, B, and E.E\n\nIf any substance is designated, rescheduled, or descheduled as a controlled substance under federal law and notice of such action is given to the Board, the Board may similarly control the substance under this chapter after the expiration of 30 days from publication in the Federal Register of a final or interim final order or rule designating a substance as a controlled substance or rescheduling or descheduling a substance by amending its regulations in accordance with the requirements of Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act. Prior to making such amendments, the Board shall post notice of the hearing on the Virginia Regulatory Town Hall and shall send notice of the hearing to any persons requesting to be notified of a regulatory action. The Board shall include a list of all substances it intends to schedule by regulation in such notice.F\n\nAuthority 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 4.1.G\n\nThe Board shall exempt any nonnarcotic substance from a schedule if such substance may, under the provisions of the federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.) or state law, be lawfully sold over the counter without a prescription.H\n\nAny tetrahydrocannabinol isomer, ester, ether, salt, or salts of such isomer, ester, or ether scheduled pursuant to this section shall not be included in the definition of marijuana set forth in § 4.1-600, 18.2-247, or 54.1-3401.","order_by":null,"text":{"0":{"id":242298,"text":"The Board shall administer this article and may add substances to or deschedule or reschedule all substances enumerated in the schedules in this article pursuant to the procedures of the Administrative Process Act (\u00a7 2.2-4000 et seq.). In making a determination regarding a substance, the Board shall consider the following:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":242299,"text":"The actual or relative potential for abuse;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":242300,"text":"The scientific evidence of its pharmacological effect, if known;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":242301,"text":"The state of current scientific knowledge regarding the substance;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":242302,"text":"The history and current pattern of abuse;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":242303,"text":"The scope, duration, and significance of abuse;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":242304,"text":"The risk to the public health;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":242305,"text":"The potential of the substance to produce psychic or physical dependence; and","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":242306,"text":"Whether the substance is an immediate precursor of a substance already controlled under this article.","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"B"},"9":{"id":242307,"text":"After considering the factors enumerated in subsection A, the Board shall make findings and issue a regulation controlling the substance if it finds the substance has a potential for abuse.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A8","next_prefix":"C"},"10":{"id":242308,"text":"If the Board designates a substance as an immediate precursor, substances which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"11":{"id":242309,"text":"If the Board, in consultation with the Department of Forensic Science, determines the substance shall be placed into Schedule I or II pursuant to § 54.1-3445 or 54.1-3447, the Board may amend its regulations pursuant to Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act. Prior to making such amendments, the Board shall conduct a public hearing. At least 30 days prior to conducting such hearing, it shall post notice of the hearing on the Virginia Regulatory Town Hall and shall send notice of the hearing to any persons requesting to be notified of a regulatory action. In the notice, the Board shall include a list of all substances it intends to schedule by regulation. The Board shall notify the House and Senate Committees for Courts of Justice of any new substance added to Schedule I or II pursuant to this subsection. Any substance added to Schedule I or II pursuant to this subsection shall remain on Schedule I or II for a period of 18 months. Upon expiration of such 18-month period, such substance shall be descheduled unless a general law is enacted adding such substance to Schedule I or II. Nothing in this subsection shall preclude the Board from adding substances to or descheduling or rescheduling all substances enumerated in the schedules pursuant to the provisions of subsections A, B, and E.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"12":{"id":242310,"text":"If any substance is designated, rescheduled, or descheduled as a controlled substance under federal law and notice of such action is given to the Board, the Board may similarly control the substance under this chapter after the expiration of 30 days from publication in the Federal Register of a final or interim final order or rule designating a substance as a controlled substance or rescheduling or descheduling a substance by amending its regulations in accordance with the requirements of Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act. Prior to making such amendments, the Board shall post notice of the hearing on the Virginia Regulatory Town Hall and shall send notice of the hearing to any persons requesting to be notified of a regulatory action. The Board shall include a list of all substances it intends to schedule by regulation in such notice.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"13":{"id":242311,"text":"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 4.1.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"14":{"id":242312,"text":"The Board shall exempt any nonnarcotic substance from a schedule if such substance may, under the provisions of the federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.) or state law, be lawfully sold over the counter without a prescription.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"15":{"id":242313,"text":"Any tetrahydrocannabinol isomer, ester, ether, salt, or salts of such isomer, ester, or ether scheduled pursuant to this section shall not be included in the definition of marijuana set forth in § 4.1-600, 18.2-247, or 54.1-3401.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":13782,"edition_id":1,"name":"Standards and Schedules","identifier":"5","label":"article","depth":4,"order_by":1,"parent_id":13240,"metadata":{},"date_created":"2026-06-26 03:45:52","date_modified":"2026-06-26 03:45:52","permalink":{"id":243623,"object_type":"structure","relational_id":13782,"identifier":"5","token":"54.1\/III\/34\/5","url":"\/54.1\/III\/34\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13240,"edition_id":1,"name":"Drug Control Act","identifier":"34","label":"chapter","depth":3,"order_by":1,"parent_id":12758,"metadata":{},"date_created":"2026-06-26 03:44:30","date_modified":"2026-06-26 03:44:30","permalink":{"id":243223,"object_type":"structure","relational_id":13240,"identifier":"34","token":"54.1\/III\/34","url":"\/54.1\/III\/34\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12758,"edition_id":1,"name":"Professions and Occupations Regulated by Boards Within the Department of Health Professions","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12754,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":241105,"object_type":"structure","relational_id":12758,"identifier":"III","token":"54.1\/III","url":"\/54.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12754,"edition_id":1,"name":"Professions and Occupations","identifier":"54.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239313,"object_type":"structure","relational_id":12754,"identifier":"54.1","token":"54.1","url":"\/54.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":66818,"structure_id":13782,"section_number":"54.1-3443","catch_line":"Board to administer article","url":"\/54.1-3443\/","token":"54.1\/III\/34\/5\/54.1-3443","metadata":false},{"id":70506,"structure_id":13782,"section_number":"54.1-3444","catch_line":"Controlled substances included by whatever name designated","url":"\/54.1-3444\/","token":"54.1\/III\/34\/5\/54.1-3444","metadata":false},{"id":55398,"structure_id":13782,"section_number":"54.1-3445","catch_line":"Placement of substance in Schedule I","url":"\/54.1-3445\/","token":"54.1\/III\/34\/5\/54.1-3445","metadata":false},{"id":61892,"structure_id":13782,"section_number":"54.1-3446","catch_line":"Schedule I","url":"\/54.1-3446\/","token":"54.1\/III\/34\/5\/54.1-3446","metadata":false},{"id":65202,"structure_id":13782,"section_number":"54.1-3447","catch_line":"Placement of substance in Schedule II","url":"\/54.1-3447\/","token":"54.1\/III\/34\/5\/54.1-3447","metadata":false},{"id":56998,"structure_id":13782,"section_number":"54.1-3448","catch_line":"Schedule II","url":"\/54.1-3448\/","token":"54.1\/III\/34\/5\/54.1-3448","metadata":false},{"id":62478,"structure_id":13782,"section_number":"54.1-3449","catch_line":"Placement of substance in Schedule III","url":"\/54.1-3449\/","token":"54.1\/III\/34\/5\/54.1-3449","metadata":false},{"id":76280,"structure_id":13782,"section_number":"54.1-3450","catch_line":"Schedule III","url":"\/54.1-3450\/","token":"54.1\/III\/34\/5\/54.1-3450","metadata":false},{"id":56931,"structure_id":13782,"section_number":"54.1-3451","catch_line":"Placement of substance in Schedule IV","url":"\/54.1-3451\/","token":"54.1\/III\/34\/5\/54.1-3451","metadata":false},{"id":62803,"structure_id":13782,"section_number":"54.1-3452","catch_line":"Schedule IV","url":"\/54.1-3452\/","token":"54.1\/III\/34\/5\/54.1-3452","metadata":false},{"id":67045,"structure_id":13782,"section_number":"54.1-3453","catch_line":"Placement of substance in Schedule V","url":"\/54.1-3453\/","token":"54.1\/III\/34\/5\/54.1-3453","metadata":false},{"id":86457,"structure_id":13782,"section_number":"54.1-3454","catch_line":"Schedule V","url":"\/54.1-3454\/","token":"54.1\/III\/34\/5\/54.1-3454","metadata":false},{"id":82814,"structure_id":13782,"section_number":"54.1-3455","catch_line":"Schedule VI","url":"\/54.1-3455\/","token":"54.1\/III\/34\/5\/54.1-3455","metadata":false},{"id":87313,"structure_id":13782,"section_number":"54.1-3456","catch_line":"Controlled substance analog","url":"\/54.1-3456\/","token":"54.1\/III\/34\/5\/54.1-3456","metadata":false},{"id":54792,"structure_id":13782,"section_number":"54.1-3456.1","catch_line":"Drugs of concern","url":"\/54.1-3456.1\/","token":"54.1\/III\/34\/5\/54.1-3456.1","metadata":false}],"next_section":{"id":70506,"structure_id":13782,"section_number":"54.1-3444","catch_line":"Controlled substances included by whatever name designated","url":"\/54.1-3444\/","token":"54.1\/III\/34\/5\/54.1-3444","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-3443\/","history_text":"

This law was first created in 1972. The record of its establishment is cataloged in chapter 798 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1972 \u201cActs\u201d aren\u2019t available online. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1976, chapter 614; in 1988, chapter 765; in 1993, chapter 866; in 1996, chapter 408<\/a>; in 2014, chapters 674<\/a> and 719<\/a>; in 2017, chapters 416<\/a> and 432<\/a>; in 2023, chapters 744<\/a> and 794<\/a>.<\/p>","references":[{"id":71934,"section_number":"4.1-600","catch_line":"Definitions","order_by":null,"url":"\/4.1-600\/"},{"id":59669,"section_number":"54.1-3401","catch_line":"Definitions","order_by":null,"url":"\/54.1-3401\/"},{"id":58824,"section_number":"54.1-3408.05","catch_line":"Use of FDA-approved substance upon publication of final rule","order_by":null,"url":"\/54.1-3408.05\/"}],"refers_to":[{"id":84070,"section_number":"18.2-247","catch_line":"Use of terms \"controlled substances,\" \"marijuana,\" \"Schedules I, II, III, IV, V, and VI,\" \"imitation controlled substance,\" and \"counterfeit controlled substance\" in Title 18.2","order_by":null,"url":"\/18.2-247\/"},{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":78729,"section_number":"2.2-4006","catch_line":"Exemptions from requirements of this article","order_by":null,"url":"\/2.2-4006\/"},{"id":71934,"section_number":"4.1-600","catch_line":"Definitions","order_by":null,"url":"\/4.1-600\/"},{"id":59669,"section_number":"54.1-3401","catch_line":"Definitions","order_by":null,"url":"\/54.1-3401\/"},{"id":55398,"section_number":"54.1-3445","catch_line":"Placement of substance in Schedule I","order_by":null,"url":"\/54.1-3445\/"},{"id":65202,"section_number":"54.1-3447","catch_line":"Placement of substance in Schedule II","order_by":null,"url":"\/54.1-3447\/"}],"permalink":{"id":243625,"object_type":"law","relational_id":66818,"identifier":"54.1-3443","token":"54.1\/III\/34\/5\/54.1-3443","url":"\/54.1-3443\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-3443\/","token":"54.1\/III\/34\/5\/54.1-3443","dublin_core":{"Title":"Board to administer article","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-3443","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Board<\/span> shall administer<\/span> this article and may add substances to or deschedule or reschedule all substances enumerated in the schedules<\/span> in this article pursuant to the procedures of the Administrative Process Act (\u00a7 2.2-4000<\/a> et seq.). In making a determination regarding a substance, the Board<\/span> shall consider the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The actual or relative potential for abuse; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The scientific evidence<\/span> of its pharmacological effect, if known; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The state of current scientific knowledge regarding the substance; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The history and current pattern of abuse; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The scope, duration, and significance of abuse; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The risk to the public health; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> The potential of the substance to produce<\/span> psychic or physical dependence; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Whether the substance is an immediate precursor<\/span> of a substance already controlled under this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> After considering the factors enumerated in subsection A, the Board<\/span> shall make findings<\/span> and issue<\/span> a regulation controlling the substance if it finds the substance has a potential for abuse. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the Board<\/span> designates a substance as an immediate precursor<\/span>, substances which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the Board<\/span>, in consultation with the Department of Forensic Science, determines the substance shall be placed into Schedule I or II pursuant to § 54.1-3445<\/a> or 54.1-3447<\/a>, the Board<\/span> may amend<\/span> its regulations pursuant to Article 2 (§ 2.2-4006<\/a> et seq.) of the Administrative Process Act. Prior to making such amendments, the Board<\/span> shall conduct a public hearing<\/span>. At least 30 days prior to conducting such hearing<\/span>, it shall post notice of the hearing<\/span> on the Virginia Regulatory Town Hall and shall send notice of the hearing<\/span> to any persons<\/span> requesting to be notified of a regulatory action. In the notice, the Board<\/span> shall include a list of all substances it intends to schedule by regulation. The Board<\/span> shall notify the House and Senate Committees for Courts<\/span> of Justice of any new substance added to Schedule I or II pursuant to this subsection. Any substance added to Schedule I or II pursuant to this subsection shall remain on Schedule I or II for a period of 18 months. Upon expiration of such 18-month period, such substance shall be descheduled unless a general law<\/span> is enacted adding such substance to Schedule I or II. Nothing in this subsection shall preclude the Board<\/span> from adding substances to or descheduling or rescheduling all substances enumerated in the schedules<\/span> pursuant to the provisions of subsections A, B, and E. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If any substance is designated, rescheduled, or descheduled as a controlled substance<\/span> under federal law<\/span> and notice of such action is given to the Board<\/span>, the Board<\/span> may similarly control the substance under this chapter after the expiration of 30 days from publication in the Federal Register of a final or interim final order<\/span> or rule designating a substance as a controlled substance<\/span> or rescheduling or descheduling a substance by amending its regulations in accordance with the requirements of Article 2 (§ 2.2-4006<\/a> et seq.) of the Administrative Process Act. Prior to making such amendments, the Board<\/span> shall post notice of the hearing<\/span> on the Virginia Regulatory Town Hall and shall send notice of the hearing<\/span> to any persons<\/span> requesting to be notified of a regulatory action. The Board<\/span> shall include a list of all substances it intends to schedule by regulation in such notice. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> 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 4.1. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The Board<\/span> shall exempt any nonnarcotic substance from a schedule if such substance may, under the provisions of the federal Food, Drug<\/span>, and Cosmetic Act (21 U.S.C. § 301 et seq.) or state law<\/span>, be lawfully sold over the counter without a prescription<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Any tetrahydrocannabinol<\/span> isomer<\/span>, ester, ether, salt, or salts of such isomer<\/span>, ester, or ether scheduled pursuant to this section shall not be included in the definition of marijuana<\/span> set forth in § 4.1-600<\/a>, 18.2-247<\/a>, or 54.1-3401<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nBOARD TO ADMINISTER ARTICLE (\u00a7 54.1-3443)\n\nA. The Board shall administer this article and may add substances to or\ndeschedule or reschedule all substances enumerated in the schedules in this\narticle pursuant to the procedures of the Administrative Process Act (\u00a7\n2.2-4000 et seq.). In making a determination regarding a substance, the Board\nshall consider the following:\n\n 1. The actual or relative potential for abuse;\n\n 2. The scientific evidence of its pharmacological effect, if known;\n\n 3. The state of current scientific knowledge regarding the substance;\n\n 4. The history and current pattern of abuse;\n\n 5. The scope, duration, and significance of abuse;\n\n 6. The risk to the public health;\n\n 7. The potential of the substance to produce psychic or physical dependence;\n and\n\n 8. Whether the substance is an immediate precursor of a substance already\n controlled under this article.\n\nB. After considering the factors enumerated in subsection A, the Board shall\nmake findings and issue a regulation controlling the substance if it finds the\nsubstance has a potential for abuse.\n\nC. If the Board designates a substance as an immediate precursor, substances\nwhich are precursors of the controlled precursor shall not be subject to control\nsolely because they are precursors of the controlled precursor.\n\nD. If the Board, in consultation with the Department of Forensic Science,\ndetermines the substance shall be placed into Schedule I or II pursuant to\n§ 54.1-3445 or 54.1-3447, the Board may amend its regulations pursuant to\nArticle 2 (§ 2.2-4006 et seq.) of the Administrative Process Act. Prior to\nmaking such amendments, the Board shall conduct a public hearing. At least 30\ndays prior to conducting such hearing, it shall post notice of the hearing on\nthe Virginia Regulatory Town Hall and shall send notice of the hearing to any\npersons requesting to be notified of a regulatory action. In the notice, the\nBoard shall include a list of all substances it intends to schedule by\nregulation. The Board shall notify the House and Senate Committees for Courts of\nJustice of any new substance added to Schedule I or II pursuant to this\nsubsection. Any substance added to Schedule I or II pursuant to this subsection\nshall remain on Schedule I or II for a period of 18 months. Upon expiration of\nsuch 18-month period, such substance shall be descheduled unless a general law\nis enacted adding such substance to Schedule I or II. Nothing in this subsection\nshall preclude the Board from adding substances to or descheduling or\nrescheduling all substances enumerated in the schedules pursuant to the\nprovisions of subsections A, B, and E.\n\nE. If any substance is designated, rescheduled, or descheduled as a controlled\nsubstance under federal law and notice of such action is given to the Board, the\nBoard may similarly control the substance under this chapter after the\nexpiration of 30 days from publication in the Federal Register of a final or\ninterim final order or rule designating a substance as a controlled substance or\nrescheduling or descheduling a substance by amending its regulations in\naccordance with the requirements of Article 2 (§ 2.2-4006 et seq.) of the\nAdministrative Process Act. Prior to making such amendments, the Board shall\npost notice of the hearing on the Virginia Regulatory Town Hall and shall send\nnotice of the hearing to any persons requesting to be notified of a regulatory\naction. The Board shall include a list of all substances it intends to schedule\nby regulation in such notice.\n\nF. Authority to control under this section does not extend to distilled spirits,\nwine, malt beverages, or tobacco as those terms are defined or used in Title\n4.1.\n\nG. The Board shall exempt any nonnarcotic substance from a schedule if such\nsubstance may, under the provisions of the federal Food, Drug, and Cosmetic Act\n(21 U.S.C. § 301 et seq.) or state law, be lawfully sold over the counter\nwithout a prescription.\n\nH. Any tetrahydrocannabinol isomer, ester, ether, salt, or salts of such isomer,\nester, or ether scheduled pursuant to this section shall not be included in the\ndefinition of marijuana set forth in § 4.1-600, 18.2-247, or 54.1-3401.\n\nHISTORY: 1972, c. 798, \u00a7 54-524.84:1; 1976, c. 614; 1988, c. 765; 1993, c. 866;\n1996, c. 408; 2014, cc. 674, 719; 2017, cc. 416, 432; 2023, cc. 744, 794.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}