N.D. Cent. Code § 19-03.1-07

Current through 2023 Legislative Sessions
Section 19-03.1-07 - Schedule II
1. The controlled substances listed in this section are included in schedule II.
2. Schedule II consists of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.
3. Substances, vegetable origin or chemical synthesis. Unless specifically excepted or unless listed in another schedule, any of the following substances whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
a. Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, excluding apomorphine, thebaine-derived butorphanol, dextrorphan, nalbuphine, naldemedine, nalmefene, naloxegol, naloxone, 6 beta-naltrexol, naltrexone, and samidorphan and their respective salts, but including the following:
(1) Codeine.
(2) Dihydroetorphine.
(3) Ethylmorphine.
(4) Etorphine hydrochloride.
(5) Granulated opium.
(6) Hydrocodone.
(7) Hydromorphone.
(8) Metopon.
(9) Morphine.
(10) Noroxymorphone.
(11) Opium extracts.
(12) Opium fluid.
(13) Oripavine.
(14) Oxycodone.
(15) Oxymorphone.
(16) Powder opium.
(17) Raw opium.
(18) Thebaine.
(19) Tincture of opium.
b. Any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in subdivision a, but not including the isoquinoline alkaloids of opium.
c. Opium poppy and poppy straw.
d. Coca leaves and any salt, compound, derivative, or preparation of coca leaves, including cocaine and ecgonine and their salts, isomers, derivatives, and salts of isomers and derivatives, and any salt, compound, derivative, or preparation thereof that is chemically equivalent or identical with any of these substances, except that the nondosage substances must include decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine.
e. Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid, or powder form which contains the phenanthrine alkaloids of the opium poppy).
4. Opiates. Unless specifically excepted or unless in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of those isomers, esters, ethers, and salts is possible within the specific chemical designation, dextrophan and levopropoxyphene excepted:
a. Alfentanil.
b. Alphaprodine.
c. Anileridine.
d. Bezitramide.
e. Bulk dextropropoxyphene (nondosage forms).
f. Carfentanil.
g. Dihydrocodeine.
h. Diphenoxylate.
i. Fentanyl.
j. Isomethadone.
k. Levo-alphaacetylmethadol (LAAM).
l. Levomethorphan.
m. Levorphanol.
n. Metazocine.
o. Methadone.
p. Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane.
q. Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid.
r. Oliceridine (N-[(3-methoxythiophen-2-yl)methyl] ({2-[(9R)-9-(pyridin-2-yl)-6-oxaspiro [4.5]decan-9-yl]ethyl})amine fumarate).
s. Pethidine (also known as meperidine).
t. Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine.
u. Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate.
v. Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid.
w. Phenazocine.
x. Priminodine.
y. Racemethorphan.
z. Racemorphan.
aa. Remifentanil.
bb. Sufentanil.
cc. Tapentadol.
dd. Thiafentanil.
5. Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system:
a. Amphetamine, its salts, optical isomers, and salts of its optical isomers.
b. Lisdexamfetamine, its salts, isomers, and salts of isomers.
c. Methamphetamine, its salts, isomers, and salts of isomers.
d. Phenmetrazine and its salts.
e. Methylphenidate.
6. Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
a. Amobarbital.
b. Glutethimide.
c. Pentobarbital.
d. Phencyclidine.
e. Secobarbital.
7. Hallucinogenic substances.
a. Nabilone [another name for nabilone (±)-trans-3-(1, 1-dimethylheptyl)-6, 6a, 7, 8, 10, 10a-hexahydro-1-hydroxy-6, 6-dimethyl-9Hdibenzo [b, d] pyran-9-one].
b. Dronabinol [(-)-delta-9-trans tetrahydrocannabinol] in an oral solution in a drug product approved for marketing by the federal food and drug administration.
8. Immediate precursors. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances:
a. Immediate precursor to amphetamine and methamphetamine: Phenylacetone. Some trade or other names: phenyl-2-propanone; P2P, benzyl methyl ketone; methyl benzyl ketone.
b. Immediate precursors to phencyclidine (PCP):
(1) 1-phenylcyclohexylamine.
(2) 1-piperidinocyclohexanecarbonitrile (PCC).
c. Immediate precursors to fentanyl:
(1) 4-anilino-N-phenethylpiperidine (ANPP).
(2) N-phenyl-N-(piperidin-4-yl)propionamide (norfentanyl).

N.D.C.C. § 19-03.1-07

Amended by S.L. 2021 , ch. 173( SB 2059 ), § 3, eff. 4/16/2021.
Amended by S.L. 2019 , ch. 185( HB 1113 ), § 3, eff. 4/9/2019.
Amended by S.L. 2017 , ch. 163( SB 2096 ), § 2, eff. 3/13/2017.
Amended by S.L. 2011 , ch. 161( SB 2119 ), § 2, eff. 8/1/2011.