                                 CODE OF VIRGINIA

BOARD TO ADMINISTER ARTICLE (§ 54.1-3443)

A. 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 (§
2.2-4000 et seq.). In making a determination regarding a substance, the Board
shall consider the following:

   1. The actual or relative potential for abuse;

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

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

   4. The history and current pattern of abuse;

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

   6. The risk to the public health;

   7. The potential of the substance to produce psychic or physical dependence;
   and

   8. Whether the substance is an immediate precursor of a substance already
   controlled under this article.

B. 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.

C. 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.

D. If the Board, in consultation with the Department of Forensic Science,
determines the substance shall be placed into Schedule I or II pursuant to
&#xA7; 54.1-3445 or 54.1-3447, the Board may amend its regulations pursuant to
Article 2 (&#xA7; 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. 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 (&#xA7; 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. 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.

G. 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. &#xA7; 301 et seq.) or state law, be lawfully sold over the counter
without a prescription.

H. 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 &#xA7; 4.1-600, 18.2-247, or 54.1-3401.

HISTORY: 1972, c. 798, § 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.