- (a) Substances that are designated, rescheduled, or deleted as controlled drugs or controlled drug analogs pursuant to 21 CFR 1308.11-15 shall be recognized as a controlled substance by the commissioner in accordance with RSA 318-B:1-a, V.
- (b) If the commissioner does not object to the inclusion, rescheduling, or deletion of a substance under federal law within 30 days from publication in the federal register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance, such final order shall become immediately effective under RSA 318-B.
(c) If the commissioner wishes to designate, reschedule, or delete a substance other than as described in (a) above, the commissioner shall:
- (1) Comply with RSA 318-B:1-a, I-III; and
- (2) Hold a public hearing as described in He-C 501.04.
(d) If the commissioner objects to the designation, rescheduling, or deletion of a substance under federal law, then the substance shall be designated, rescheduled, or deleted from the state schedule in accordance with RSA 318-B:1-a, V, after:
- (1) A public hearing has been held as described in He-C 501.04; and
- (2) The commissioner’s final decision is published as described in He-C 501.05.
- (e) Publication of the controlled substances schedules of the department shall be in accordance with RSA 318-B:1-a, VIII.
Source. #6743, eff 4-30-98; EXPIRED: 4-30-06 New. #8637, eff 5-26-06; ss by #10660, eff 8-23-14