Ohio Revised Code Title XXXVII. Health Safety Morals § 3719.41

Publisher's Note: Pursuant to RC 3719.43 , changes to the federal schedules of controlled substances (see, e.g., 21 USCA § 811, et seq., and 21 CFR § 1308.01, et seq. ) automatically become part of the corresponding schedule or schedules established by rule adopted under RC 3719.41 by the State Board of Pharmacy.  Pursuant to RC 3719.44 , the State Board of Pharmacy may also change the schedules by rule adopted under RC 3719.41 .  Pursuant to RC 3719.45 , the State Board of Pharmacy, by emergency rule, also may add a previously unscheduled compound, mixture, preparation, or substance to schedule I.

(A) For purposes of administration, enforcement, and regulation of the manufacture, distribution, dispensing, and possession of controlled substances, the state board of pharmacy shall adopt rules in accordance with Chapter 119. of the Revised Code establishing schedule I, schedule II, schedule III, schedule IV, and schedule V incorporating the five schedules of controlled substances under the federal drug abuse control laws.

The board may include in the schedules any compound, mixture, preparation, or substance that was included in the schedules immediately prior to March 22, 2020, as long as the inclusion does not have the effect of providing less stringent control of the compound, mixture, preparation, or substance than is provided under the federal drug abuse control laws or regulations adopted under those laws.

(B) Except as provided in section 3719.45 of the Revised Code , the board periodically shall update the schedules by rule adopted in accordance with Chapter 119. of the Revised Code to correspond to any change in the federal drug abuse control laws or regulations adopted under those laws, any addition, transfer, or removal by congress or the attorney general of the United States as described in section 3719.43 of the Revised Code , and any addition, transfer, or removal by the board by rule adopted under section 3719.44 of the Revised Code .

(C) Notwithstanding divisions (A) and (B) of this section, the board shall not adopt rules including hemp or a hemp product in a schedule as a controlled substance.

(D) As used in this section, “hemp” and “hemp product” have the same meanings as in section 928.01 of the Revised Code .


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