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A BILL TO BE ENTITLED
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AN ACT
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relating to the addition of certain synthetic derivatives of |
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marihuana and Saliva divinorum and its derivatives and extracts to |
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the Texas Controlled Substances Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.103(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Penalty Group 2 consists of: |
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(1) any quantity of the following hallucinogenic |
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substances, their salts, isomers, and salts of isomers, unless |
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specifically excepted, if the existence of these salts, isomers, |
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and salts of isomers is possible within the specific chemical |
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designation: |
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alpha-ethyltryptamine; |
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alpha-methyltryptamine; |
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4-bromo-2, 5-dimethoxyamphetamine (some trade or |
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other names: 4-bromo-2, 5-dimethoxy-alpha-methylphenethylamine; |
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4-bromo-2, 5-DMA); |
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4-bromo-2, 5-dimethoxyphenethylamine; |
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Bufotenine (some trade and other names: 3-(beta- |
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Dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)- 5- |
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indolol; N, N-dimethylserotonin; 5-hydroxy-N, N- |
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dimethyltryptamine; mappine); |
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Diethyltryptamine (some trade and other names: N, |
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N-Diethyltryptamine, DET); |
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2, 5-dimethoxyamphetamine (some trade or other |
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names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA); |
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2, 5-dimethoxy-4-ethylamphetamine (trade or other |
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name: DOET); |
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2, 5-dimethoxy-4-(n)-propylthiophenethylamine |
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(trade or other name: 2C-T-7); |
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Dimethyltryptamine ( trade or other name: DMT); |
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Dronabinol (synthetic) in sesame oil and |
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encapsulated in a soft gelatin capsule in a U.S. Food and Drug |
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Administration approved drug product (some trade or other names for |
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Dronabinol: (a6aR-trans)-6a,7,8,10a-tetrahydro- 6,6, 9- |
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trimethyl-3-pentyl-6H- dibenzo [b,d]pyran-1-ol or (-)-delta-9- |
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(trans)- tetrahydrocannabinol); |
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Ethylamine Analog of Phencyclidine (some trade or |
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other names: N-ethyl-1-phenylcyclohexylamine, (1- |
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phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl) ethylamine, |
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cyclohexamine, PCE); |
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Ibogaine (some trade or other names: 7-Ethyl-6, 6, |
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beta 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H- |
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pyrido [1', 2':1, 2] azepino [5, 4-b] indole; tabernanthe iboga.); |
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Mescaline; |
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5-methoxy-N, N-diisopropyltryptamine; |
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5-methoxy-3, 4-methylenedioxy amphetamine; |
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4-methoxyamphetamine (some trade or other names: |
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4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; |
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PMA); |
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1-methyl- 4-phenyl-4-propionoxypiperidine (MPPP, |
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PPMP); |
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4-methyl-2, 5-dimethoxyamphetamine (some trade |
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and other names: 4-methyl-2, 5-dimethoxy-alpha- |
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methylphenethylamine; "DOM"; "STP"); |
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3,4-methylenedioxy methamphetamine (MDMA, MDM); |
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3,4-methylenedioxy amphetamine; |
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3,4-methylenedioxy N-ethylamphetamine (Also |
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known as N-ethyl MDA); |
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Nabilone (Another name for nabilone: (+)-trans- |
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3-(1,1-dimethylheptyl)- 6,6a, 7,8,10,10a-hexahydro-1-hydroxy- 6, |
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6-dimethyl-9H-dibenzo[b,d] pyran-9-one; |
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N-benzylpiperazine (some trade or other names: |
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BZP; 1-benzylpiperazine); |
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N-ethyl-3-piperidyl benzilate; |
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N-hydroxy-3,4-methylenedioxyamphetamine (Also |
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known as N-hydroxy MDA); |
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4-methylaminorex; |
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N-methyl-3-piperidyl benzilate; |
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Parahexyl (some trade or other names: 3-Hexyl-1- |
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hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo [b, d] |
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pyran; Synhexyl); |
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1-Phenylcyclohexylamine; |
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1-Piperidinocyclohexanecarbonitrile (PCC); |
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Psilocin; |
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Psilocybin; |
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Pyrrolidine Analog of Phencyclidine (some trade |
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or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP); |
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Tetrahydrocannabinols, other than marihuana, and |
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synthetic equivalents of the substances contained in the plant, or |
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in the resinous extractives of Cannabis, or synthetic substances, |
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derivatives, and their isomers with similar chemical structure and |
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pharmacological activity such as: |
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(6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl- |
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3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c] chromen-1- |
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ol) (Also known as HU-210); |
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1-butyl-3-(1-naphthoyl)indole (Also known |
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as JWH-073); |
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delta-1 cis or trans tetrahydrocannabinol, |
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and their optical isomers; |
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delta-6 cis or trans tetrahydrocannabinol, |
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and their optical isomers; |
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delta-3, 4 cis or trans |
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tetrahydrocannabinol, and its optical isomers; |
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1-pentyl-3-(1-naphthoyl)indole (Also known |
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as JWH-018); |
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compounds of these structures, regardless of |
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numerical designation of atomic positions, since nomenclature of |
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these substances is not internationally standardized; |
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Thiophene Analog of Phencyclidine (some trade or |
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other names: 1-[1-(2-thienyl) cyclohexyl] piperidine; 2-Thienyl |
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Analog of Phencyclidine; TPCP, TCP); |
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1-pyrrolidine (some trade or other name: TCPy); |
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1-(3-trifluoromethylphenyl)piperazine (trade or |
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other name: TFMPP); and |
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3,4,5-trimethoxy amphetamine; |
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(2) Phenylacetone (some trade or other names: |
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Phenyl-2-propanone; P2P, Benzymethyl ketone, methyl benzyl |
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ketone); and |
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(3) unless specifically excepted or unless listed in |
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another Penalty Group, a material, compound, mixture, or |
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preparation that contains any quantity of the following substances |
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having a potential for abuse associated with a depressant or |
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stimulant effect on the central nervous system: |
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Aminorex (some trade or other names: aminoxaphen; |
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2-amino-5-phenyl-2-oxazoline; 4,5-dihydro-5-phenyl-2- |
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oxazolamine); |
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Amphetamine, its salts, optical isomers, and |
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salts of optical isomers; |
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Cathinone (some trade or other names: 2-amino-1- |
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phenyl-1-propanone, alpha-aminopropiophenone, 2- |
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aminopropiophenone); |
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Etorphine Hydrochloride; |
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Fenethylline and its salts; |
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Lisdexamfetamine, including its salts, isomers, |
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and salts of isomers; |
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Mecloqualone and its salts; |
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Methaqualone and its salts; |
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Methcathinone (some trade or other names: 2- |
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methylamino-propiophenone; alpha-(methylamino)propriophenone; |
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2-(methylamino)-1-phenylpropan-1-one; alpha-N- |
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methylaminopropriophenone; monomethylpropion; ephedrone, N- |
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methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR |
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1431); |
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N-Ethylamphetamine, its salts, optical isomers, |
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and salts of optical isomers; and |
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N,N-dimethylamphetamine (some trade or other |
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names: N,N,alpha-trimethylbenzeneethaneamine; |
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N,N,alpha-trimethylphenethylamine), its salts, optical isomers, |
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and salts of optical isomers. |
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SECTION 2. Section 481.104(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Penalty Group 3 consists of: |
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(1) a material, compound, mixture, or preparation that |
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contains any quantity of the following substances having a |
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potential for abuse associated with a stimulant effect on the |
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central nervous system: |
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Methylphenidate and its salts; and |
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Phenmetrazine and its salts; |
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(2) a material, compound, mixture, or preparation that |
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contains any quantity of the following substances having a |
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potential for abuse associated with a depressant effect on the |
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central nervous system: |
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a substance that contains any quantity of a |
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derivative of barbituric acid, or any salt of a derivative of |
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barbituric acid not otherwise described by this subsection; |
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a compound, mixture, or preparation containing |
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amobarbital, secobarbital, pentobarbital, or any salt of any of |
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these, and one or more active medicinal ingredients that are not |
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listed in any penalty group; |
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a suppository dosage form containing amobarbital, |
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secobarbital, pentobarbital, or any salt of any of these drugs, and |
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approved by the United States Food and Drug Administration for |
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marketing only as a suppository; |
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Alprazolam; |
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Amobarbital; |
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Bromazepam; |
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Camazepam; |
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Chlordiazepoxide; |
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Chlorhexadol; |
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Clobazam; |
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Clonazepam; |
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Clorazepate; |
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Clotiazepam; |
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Cloxazolam; |
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Delorazepam; |
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Diazepam; |
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Estazolam; |
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Ethyl loflazepate; |
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Fludiazepam; |
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Flurazepam; |
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Glutethimide; |
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Halazepam; |
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Haloxzolam; |
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Ketazolam; |
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Loprazolam; |
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Lorazepam; |
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Lormetazepam; |
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Lysergic acid, including its salts, isomers, and |
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salts of isomers; |
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Lysergic acid amide, including its salts, |
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isomers, and salts of isomers; |
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Mebutamate; |
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Medazepam; |
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Methyprylon; |
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Midazolam; |
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Nimetazepam; |
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Nitrazepam; |
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Nordiazepam; |
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Oxazepam; |
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Oxazolam; |
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Pentazocine, its salts, derivatives, or compounds |
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or mixtures thereof; |
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Pentobarbital; |
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Pinazepam; |
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Prazepam; |
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Quazepam; |
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Secobarbital; |
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Sulfondiethylmethane; |
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Sulfonethylmethane; |
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Sulfonmethane; |
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Temazepam; |
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Tetrazepam; |
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Tiletamine and zolazepam in combination, and its |
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salts. (some trade or other names for a tiletamine-zolazepam |
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combination product: Telazol, for tiletamine: 2-(ethylamino)- |
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2-(2-thienyl)-cyclohexanone, and for zolazepam: 4-(2- |
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fluorophenyl)-6, 8-dihydro-1,3,8,-trimethylpyrazolo-[3,4- |
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e](1,4)-d diazepin-7(1H)-one, flupyrazapon); |
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Triazolam; |
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Zaleplon; |
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Zolpidem; and |
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Zopiclone; |
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(3) Nalorphine; |
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(4) a material, compound, mixture, or preparation |
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containing limited quantities of the following narcotic drugs, or |
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any of their salts: |
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not more than 1.8 grams of codeine, or any of its |
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salts, per 100 milliliters or not more than 90 milligrams per dosage |
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unit, with an equal or greater quantity of an isoquinoline alkaloid |
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of opium; |
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not more than 1.8 grams of codeine, or any of its |
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salts, per 100 milliliters or not more than 90 milligrams per dosage |
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unit, with one or more active, nonnarcotic ingredients in |
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recognized therapeutic amounts; |
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not more than 300 milligrams of dihydrocodeinone |
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(hydrocodone), or any of its salts, per 100 milliliters or not more |
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than 15 milligrams per dosage unit, with a fourfold or greater |
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quantity of an isoquinoline alkaloid of opium; |
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not more than 300 milligrams of dihydrocodeinone |
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(hydrocodone), or any of its salts, per 100 milliliters or not more |
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than 15 milligrams per dosage unit, with one or more active, |
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nonnarcotic ingredients in recognized therapeutic amounts; |
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not more than 1.8 grams of dihydrocodeine, or any |
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of its salts, per 100 milliliters or not more than 90 milligrams per |
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dosage unit, with one or more active, nonnarcotic ingredients in |
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recognized therapeutic amounts; |
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not more than 300 milligrams of ethylmorphine, or |
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any of its salts, per 100 milliliters or not more than 15 milligrams |
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per dosage unit, with one or more active, nonnarcotic ingredients |
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in recognized therapeutic amounts; |
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not more than 500 milligrams of opium per 100 |
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milliliters or per 100 grams, or not more than 25 milligrams per |
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dosage unit, with one or more active, nonnarcotic ingredients in |
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recognized therapeutic amounts; |
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not more than 50 milligrams of morphine, or any of |
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its salts, per 100 milliliters or per 100 grams with one or more |
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active, nonnarcotic ingredients in recognized therapeutic amounts; |
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and |
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not more than 1 milligram of difenoxin and not |
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less than 25 micrograms of atropine sulfate per dosage unit; |
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(5) a material, compound, mixture, or preparation that |
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contains any quantity of the following substances: |
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Barbital; |
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Chloral betaine; |
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Chloral hydrate; |
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Ethchlorvynol; |
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Ethinamate; |
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Meprobamate; |
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Methohexital; |
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Methylphenobarbital (Mephobarbital); |
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Paraldehyde; |
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Petrichloral; and |
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Phenobarbital; |
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(6) Peyote, unless unharvested and growing in its |
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natural state, meaning all parts of the plant classified |
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botanically as Lophophora, whether growing or not, the seeds of the |
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plant, an extract from a part of the plant, and every compound, |
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manufacture, salt, derivative, mixture, or preparation of the |
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plant, its seeds, or extracts; |
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(7) unless listed in another penalty group, a |
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material, compound, mixture, or preparation that contains any |
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quantity of the following substances having a stimulant effect on |
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the central nervous system, including the substance's salts, |
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optical, position, or geometric isomers, and salts of the |
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substance's isomers, if the existence of the salts, isomers, and |
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salts of isomers is possible within the specific chemical |
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designation: |
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Benzphetamine; |
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Cathine [(+)-norpseudoephedrine]; |
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Chlorphentermine; |
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Clortermine; |
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Diethylpropion; |
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Fencamfamin; |
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Fenfluramine; |
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Fenproporex; |
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Mazindol; |
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Mefenorex; |
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Modafinil; |
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Pemoline (including organometallic complexes and |
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their chelates); |
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Phendimetrazine; |
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Phentermine; |
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Pipradrol; |
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Sibutramine; and |
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SPA [(-)-1-dimethylamino-1,2-diphenylethane]; |
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(8) unless specifically excepted or unless listed in |
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another penalty group, a material, compound, mixture, or |
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preparation that contains any quantity of the following substance, |
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including its salts: |
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Dextropropoxyphene (Alpha-(+)-4-dimethylamino- |
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1,2-diphenyl-3-methyl-2-propionoxybutane); [and] |
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(9) an anabolic steroid, including any drug or |
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hormonal substance, or any substance that is chemically or |
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pharmacologically related to testosterone, other than an estrogen, |
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progestin, dehydroepiandrosterone, or corticosteroid, and promotes |
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muscle growth, including the following drugs and substances and any |
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salt, ester, or ether of the following drugs and substances: |
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Androstanediol; |
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Androstanedione; |
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Androstenediol; |
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Androstenedione; |
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Bolasterone; |
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Boldenone; |
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Calusterone; |
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Clostebol; |
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Dehydrochlormethyltestosterone; |
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Delta-1-dihydrotestosterone; |
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Dihydrotestosterone (4-dihydrotestosterone); |
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Drostanolone; |
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Ethylestrenol; |
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Fluoxymesterone; |
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Formebulone; |
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Furazabol; |
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13beta-ethyl-17beta-hydroxygon-4-en-3-one; |
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4-hydroxytestosterone; |
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4-hydroxy-19-nortestosterone; |
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Mestanolone; |
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Mesterolone; |
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Methandienone; |
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Methandriol; |
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Methenolone; |
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17alpha-methyl-3beta, 17 beta-dihydroxy-5alpha- |
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androstane; |
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17alpha-methyl-3alpha, 17 beta-dihydroxy-5alpha- |
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androstane; |
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17alpha-methyl-3beta, 17beta-dihydroxyandrost-4- |
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ene; |
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17alpha-methyl-4-hydroxynandrolone; |
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Methyldienolone; |
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Methyltestosterone; |
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Methyltrienolone; |
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17alpha-methyl-delta-1-dihydrotestosterone; |
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Mibolerone; |
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Nandrolone; |
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Norandrostenediol; |
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Norandrostenedione; |
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Norbolethone; |
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Norclostebol; |
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Norethandrolone; |
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Normethandrolone; |
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Oxandrolone; |
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Oxymesterone; |
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Oxymetholone; |
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Stanozolol; |
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Stenbolone; |
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Testolactone; |
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Testosterone; |
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Tetrahydrogestrinone; and |
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Trenbolone; and |
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(10) Salvia divinorum, unless unharvested and growing |
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in its natural state, meaning all parts of that plant, whether |
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growing or not, the seeds of that plant, an extract from a part of |
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that plant, and every compound, manufacture, salt, derivative, |
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mixture, or preparation of that plant, its seeds, or extracts, |
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including Salvinorin A. |
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SECTION 3. This Act takes effect September 1, 2011. |