N.J. Admin. Code § 13:45H-10.1

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:45H-10.1 - Schedules of controlled dangerous substances

(a) The Federal controlled dangerous substance Schedules I, II, III, IV and V at 21 CFR 1308.11 through 1308.15, as amended and supplemented, promulgated by the United States Attorney General pursuant to 21 U.S.C. §§ 811 and 812, are incorporated herein by reference.

(b) Any reference in this chapter to controlled dangerous substance Schedules I, II, III, IV and V shall mean the Federal schedules promulgated at 21 CFR 1308.11 through 1308.15 and incorporated by reference pursuant to (a) above, unless the Director objects to the inclusion, rescheduling or deletion of a substance in accordance with the provisions of N.J.S.A. 24:21-3 and N.J.A.C. 13:45H-1.7.

(c) Any substance designated as an immediate precursor by the United States Attorney General pursuant to 21 U.S.C. § 811(e), or designated a controlled dangerous substance by temporary order issued by the United States Attorney General in accordance with and subject to the provisions of 21 U.S.C. § 811(d) or (h), as amended and supplemented, shall be subject to regulation under this chapter.

(d) Notwithstanding the provisions of (b) above, any substance that is an immediate precursor or that, when ingested, is metabolized or otherwise becomes a controlled dangerous substance, may be designated by the Director as a controlled dangerous substance.

(e) In accordance with (d) above, the following substances shall be designated and controlled as Schedule I controlled dangerous substances:

1. Gamma Butyrolactone

2. 1,4 Butanediol

3. 4-methylmethcathinone (Mephedrone, 4-MMC)

4. 3,4-methylenedioxypyrovalerone (MDPV)

5. 3,4-Methylenedioxymethcathinone (Methylone, MDMC)

6. 4-Methoxymethcathinone (Methedrone, bk-PMMA, PMMC)

7. 3-Fluoromethcathinone (3-FMC)

8. 4-Fluoromethcathinone (Flephedrone, 4-FMC)

9. Synthetic cannabinoids. Synthetic cannabinoids include any material, compound, mixture, or preparation that is not listed as a controlled dangerous substance in Schedules I through V, is not a Federal Food and Drug Administration (FDA) approved drug, and contains any quantity of the following substances, their salts, isomers (whether optical, positional, or geometric), homologues (analogs), and salts of isomers and homologues(analogs), unless specifically excepted, whenever the existence of these salts, isomers, homologues(analogs), and salts of isomers and homologues(analogs) is possible within the specific chemical designation:

i. Naphthoylindoles. Any compound containing a 3-(1-naphthoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. Examples of this structural class include, but are not limited to: JWH 015, JWH 018, JWH 019, JWH 073, JWH 081, JWH 122, JWH 200, JWH 210, JWH 398, AM 2201, and WIN 55 212;

ii. Naphthylmethylindoles. Any compound containing a 1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. Examples of this structural class include, but are not limited to: JWH-175 and JWH-184;

iii. Naphthoylpyrroles. Any compound containing a 3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent. Examples of this structural class include, but are not limited to: JWH 307;

iv. Naphthylmethylindenes. Any compound containing a naphthylideneindene structure with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent. Examples of this structural class include, but are not limited to: JWH-176;

v. Phenylacetylindoles. Any compound containing a 3-phenylacetylindole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. Examples of this structural class include, but are not limited to: RCS-8 (SR-18), JWH 250, JWH 203, JWH-251, and JWH-302;

vi. Cyclohexylphenols. Any compound containing a 2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl) ethyl group, whether or not substituted in the cyclohexyl ring to any extent. Examples of this structural class include, but are not limited to: CP 47,497 (and homologues(analogs)), cannabicyclohexanol, and CP 55,940;

vii. Benzoylindoles. Any compound containing a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. Examples of this structural class include, but are not limited to: AM 694, Pravadoline (WIN 48,098), RCS 4, and AM-679;

viii. [2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl) pyrrolo[1,2,3-de] -1, 4-benzoxazin-6-yl]-1-napthalenylmethanone. Examples of this structural class include, but are not limited to: WIN 55,212-2;

ix. (6aR,10aR)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl) - 6a,7,10,10a-tetrahydrobenzo[c] chromen-1-ol 7370. Examples of this structural class include, but are not limited to: HU-210;

x. Adamantoylindoles. Any compound containing a 3-(1-adamantoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the adamantyl ring system to any extent. Examples of this structural class include, but are not limited to: AM-1248; or

xi. Any other synthetic chemical compound that is a cannabinoid receptor agonist and mimics the pharmacological effect of naturally occurring cannabinoids that is not listed in Schedules II through V or is not an FDA-approved drug.

10. Illicit fentanyls. Illicit fentanyls include any material, compound, mixture, or preparation that is not listed as a controlled substance in Schedules I through V, is not a Federal Food and Drug Administration (FDA) approved drug, and contains any quantity of the following substances, their salts, isomers (whether optical, positional, or geometric), homologues (analogs), and salts of isomers, and homologues (analogs) unless specifically excepted whenever the existence of these salts, isomers, homologues (analogs), and salts of isomers and homologues (analogs) is possible within the specific chemical designations:

i. Furanyl Fentanyl, with a chemical composition of N-phenyl-N- -2-furancarboxamide, monohydrochloride or N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2-carboxamide;

ii. 3-Methylfentanyl, with a chemical composition of 3-methyl-N-phenyl-N-[1-(2-phenethyl-4-piperidyl)-propanamide);

iii. 3-Methyl Butyrylfentanyl, with a chemical composition of 3-Methyl, N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-butanamide, monohydrochloride;

iv. Valeryl Fentanyl, with a chemical composition of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-pentanamide, monohydrochloride;

v. Norfentanyl, with a chemical composition of N-phenyl-N-4-piperidinyl-propanamide;

vi. Para-Fluorobutyryl-Fentanyl, with a chemical composition of N-(4-fluorophenyl)-N-[1-(2-phenylethyl)-4-piperidinyl]-butanamide, monohydrochloride; and

vii. Carfentanyl, with a chemical composition of 2-hydroxypropane-1, 2, 3-tricarboxylic acid; methyl 1-(2-phenylethyl)-4-(N-propanoylanilino) piperidine-4-carboxylateor.

N.J. Admin. Code § 13:45H-10.1

Amended by 49 N.J.R. 1442(a), effective 6/5/2017