NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Controlled Substances Board in ss.
961.11 (1) and
961.14, Stats., Stats., and interpreting ss.
961.11 (1) and
961.14, Stats., the Controlled Substances Board will hold a public hearing at the time and place indicated below to consider an order to create ss.
CSB 2.33 and
2.34, relating to the scheduling of two schedule I controlled substances, alpha-methyltryptamine (AMT) and 5-methyox-N, N-diisopropyltryptamine (5-MeO-DIPT) under chapter 961, Stats., of the Uniform Controlled Substances Act.
Hearing Date, Time and Location
Date: September 7, 2006
Time: 9:40 a.m.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121A
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by September 8, 2006, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Explanation of agency authority:
The Controlled Substances Board is authorized by s.
961.11 (1) Stats., to add substances to or delete or reschedule substances listed under schedule I, in s.
961.14 Stats., pursuant to the rulemaking procedures of ch.
227, Stats.
Related statute or rule:
21 CFR Sec. 1308.11 (d) (15) and (19)
Plain language analysis:
By final rule of the Drug Enforcement Administration (DEA), adopted effective October 3, 2004, alpha-methyltryptamine (AMT) and 5-methoxy-N, N-diisopropyltryptamine (5-MeO-DIPT) were classified as schedule I controlled substances under the federal Controlled Substances Act (CSA). Neither AMT nor 5-MeO-DIPT have been so scheduled under the Wisconsin Controlled Substances Act in Chapter
961, Wis. Stats. The objective of this proposed rule-making order is to bring the treatment of these drugs into conformity with that at the federal level.
Drugs that are classified as “controlled substances" under federal and state laws are subject to higher civil and criminal penalties for their illicit possession, distribution and use. Health care providers are also subject to greater record keeping requirements respecting their obtaining, prescribing and dispensing of such drugs. This is due to the fact that certain drugs have a greater likelihood of abuse, addiction and adverse consequences to patient health if utilized inappropriately, than do other drugs. The National Forensic Laboratory Information System (NFLIS) has registered 10 cases of AMT and 12 cases of 5-MeO-DIPT. The Drug Enforcement Agency (DEA) asserts that AMT shares pharmacological effects of amphetamine and LSD and that 5-MeO-DIPT copies the effects of MDMA, both Schedule I hallucinogens. Three deaths have been associated with its consumption. The DEA administers the Controlled Substances Act. This forms the basis for the DEA action. The policy alternative to not scheduling the indicated substances concurrent with federal scheduling will be that state prosecutions will not be available. Generally, state prosecutions at the local level, rather than federal prosecutions, are more likely to occur where smaller amounts of a scheduled substance are involved.
SECTION 1 schedules alpha-methyltryptamine (AMT) into schedule I of the Uniform Controlled Substances Act.
SECTION 2 schedules 5-methoxy-N, N-diisopropyltryptamine (5-MeO-DIPT) into schedule I of the Uniform Controlled Substances Act.
Summary of, and comparison with, existing or proposed federal regulation:
(d)***
(15) Alpha-methyltryptamine (other name: AMT)
********
(19) 5-methoxy-N,N-diisopropyltryptamine (other name: 5-MeO-DIPT)
Comparison with rules in adjacent states:
Illinois: AMT is included in schedule I of that state's controlled substances act.
Michigan: Not scheduled.
Minnesota: Not scheduled.
Iowa: Not scheduled.
Summary of factual data and analytical methodologies:
The Wisconsin Controlled Substances board reviewed the federal rule summary and its basis for the scheduling of these two substances. The National Forensic Laboratory Information System (NFLIS) has registered 10 cases of AMT and 12 cases of 5-MeO-DIPT. The Drug Enforcement Agency (DEA) asserts that AMT shares pharmacological effects of amphetamine and LSD and that 5-MeO-DIPT copies the effects of MDMA, both schedule I hallucinogens. Three deaths have been associated with its consumption.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:
Since there is no anticipated impact on small business from this rule, no additional compliance, bookkeeping, reporting, recordkeeping or professional skills are required.
Section
227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.
Entities affected by the rule:
Enforcement agencies; the Wisconsin Department of Justice, local District Attorneys.
Fiscal Estimate
The department estimates that the proposed rule will have no significant fiscal impact.
Anticipated costs incurred by private sector:
The department finds that this rule has no significant fiscal effect on the private sector.
Effect on small business:
These proposed rules will be reviewed by the department's small business review advisory committee to determine whether they will have any significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
larry.martin@drl.state.wi.us, or by calling (608) 266-8608.
Agency Contact Person
Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (608) 266-0495. Email:
pamela.haack@drl.state.wi.us.
Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at
pamela.haack@drl.state.wi.us. Comments must be received on or before September 7, 2006 to be included in the record of rule-making proceedings.
TEXT OF RULE
SECTION 1. CSB 2.33 is created to read:
CSB 2.33 Addition of alpha-methyltryptamine (AMT) to schedule I. (1) Section
961.14 (4) (wi) is created to read:
SECTION 2. CSB 2.34 is created to read:
CSB 2.34 Addition of 5-methoxy-N, N-diisopropyltryptamine (5-MeO-DIPT) (1) Section
961.14 (4) (wj) is created to read:
Section
961.14 (4) (wj) 5-methoxy-N, N-diisopropyltryptamine, commonly known as “5-MeO-DIPT";
Notice of Hearings
Natural Resources
NOTICE IS HEREBY GIVEN that pursuant to s.
823.075 (1) (d), Stats., interpreting s.
823.075 (1) (d), Stats., the Department of Natural Resources will hold public hearings on the creation of s.
NR 1.25, Wis. Adm. Code, relating to the definition of “generally accepted forestry management practices".
2005 Wisconsin Act 79 created s.
823.075 (1) (d), Stats., which requires the to define “generally accepted forestry management practices" and allows the Department to incorporate into the definition, by reference, the most recent version of the Department publication entitled Wisconsin Forest Management Guidelines. The proposed rule requires updates to the Forest Management Guidelines a minimum of every five years and requires the Department to use a process that incorporates public participation, including public comments.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at
SmallBusiness@dnr.state.wi.us or by calling (608) 266-1959.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
Tuesday, August 29, 2006 at 4:00 p.m.
Conference Room, DNR Service Center
107 Sutliff Ave.
Rhinelander
Wednesday, August 30, 2006 at 4:00 p.m.
Room 150, State Office Building
718 W. Clairemont
Eau Claire
Thursday, August 31, 2006 at 1:00 p.m.
Gathering Waters Room, DNR South Central Region Hdqrs.
3911 Fish Hatchery Road
Fitchburg
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Carmen Wagner at (608) 266-1667 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Impact
The rule proposal will result in increased costs of $37,44 annually. While the publication may only be updated a minimum of every five years, the review of new guidance/policy to determine if an update to the publication is required will be an on-going activity.
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Ms. Carmen Wagner, Division of Forestry, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until September 15, 2006. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Wagner.
Notice of Hearing
Podiatrists Affiliated Credentialing Board
