(A)

1. (1) The state board of pharmacy, by emergency rule adopted in accordance with division (G) of section 119.03 of the Revised Code, shall add a previously unscheduled compound, mixture, preparation, or substance to schedule I if the board determines that the compound, mixture, preparation, or substance has no accepted medical use in treatment in this state and poses an imminent hazard to the public health, safety, or welfare.

2. (2) In determining whether a previously unscheduled compound, mixture, preparation, or substance poses an imminent hazard to the public health, safety, or welfare, the board shall consider all of the following with respect to the compound, mixture, preparation, or substance:

   1. (a) Its actual or relative potential for abuse;
   2. (b) The scope, duration, and significance of that abuse;
   3. (c) The risk it poses to the public health.

(E) Authority to control under this section does not extend to any of the following:

1. (1) Distilled spirits, wine, or beer, as those terms are defined or used in Chapter 4301. of the Revised Code ;
2. (2) Dangerous drugs approved by the United States food and drug administration;
3. (3) Any drug approved by the United States food and drug administration to be lawfully sold over the counter without a prescription.