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SECTION 10. Tennessee Code Annotated, Section 39-17-452(A), Is Amended by Adding the Following As a New Subdivision (A)(3)

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SECTION 10. Tennessee Code Annotated, Section 39-17-452(A), Is Amended by Adding the Following As a New Subdivision (A)(3) btste of @ennegnee PUBLIC CHAPTER NO. 1O4O HOUSE BILL NO. 1832 By Representatives Hawk, Casada, Dunn, Madam Speaker Harulell, Kumar, Love, Favors, Johnson, Hardaway, Terry, Thompson, Akbari, Gamper, Mark White, Staples, Powers Substituted for: Senate Bill No. 2258 By Senators Norris, Yager, Haile AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 4; Tille 41, Chapter 21, Par12; Title 53 and Title 63, relative to controlled or addictive substances. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE SECTION 1. Tennessee Code Annotated, Section 39-17-403(9), is amended by deleting the subsection in its entirety and substituting the following: (g) The commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, in cooperation with the board of pharmacy, and in consultation with the director of the Tennessee bureau of investigation, shall revise and republish the schedules annually. SECTION 2. Tennessee Code Annotated, Section 39-17-404, is amended by deleting the section in its entirety and substituting the following: (a) The controlled substances listed or to be listed in the schedules in this part are included by whatever official, common, usual, chemical, or trade name designated. (b) Notwithstanding any law to the contrary, the following are excluded from all schedules: (1) Non-narcotic substances excluded under 21 CFR 1308.22, as amended; (2) Chemical preparations exempted under 21 CFR 1308.24, as amended; (3) Veterinary anabolic steroid implant products excluded under 21 CFR 1308.26, as amended; (4) Prescription products exempted under 21 CFR 1308.32, as amended; (5) Anabolic steroid products exempted under 21 CFR 1308.34, as amended; and (6) Certain cannabis plant material, and products made from such material, that contain tetrahydrocannabinols and that are exempted under 21 CFR 1308.35, as amended. SECTION 3. Tennessee Code Annotated, Section 39-17-406, is amended by deleting the section in its entirety and substituting the following: (a) Schedule I 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. (b) Opiates, unless specifically excepted or unless listed in another schedule, means any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation; provided, that for HB {832 the purposes of subdivision (bX4SXBXxv), 3-Methylfentanyl, only, "isomer" includes the optical and geometric isomers: (1) Acetylmethadol; (2) Allylprodine; (3) Alphacetylmethadol (except levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol; levomethadyl acetate; or LAAM); (4) Alphameprodine; (5) Alphamethadol; (6) Benzethidine; (7) Betacetylmethadol ; (8) Betameprodine; (9) Betamethadol; (10) Betaprodine; (11) Clonitazene; (12) Dextromoramide; (13) Diampromide; (1 4) Diethylthiambutene; (15) Difenoxin; (16) Dimenoxadol; (17) Dimepheptanol; (1 8) Dimethylthiambutene; (1 9) Dioxaphetyl butyrate; (20) Dipipanone; (21 ) Ethylmethylthiambutene; (22) Etonitazene; (23) Etoxeridine; (24) Furethidine; (25) Hydroxypethidine; (26) Ketobemidone; (27) Levomoramide; (28) Levophenacylmorphan ; (29) Morpheridine; ( (30) MPPP 1 -methyl-4-phenyl-4-propionoxypiperidine) ; (31) Noracymethadol; 2 HB 1832 (32) Norlevorphanol; (33) Normethadone; (34) Norpipanone; (35) PEPAP ( 1 -(2-phenylethyl)-4-phenyl-4-acetorypiperidine) ; (36) Phenadoxone; (37) Phenampromide; (38) Phenomorphan; (39) Phenoperidine; (40) Piritramide; (41) Proheptazine; (42) Properidine; (43) Propiram; (44) Racemoramide; (45) Tilidine; (46) Trimeperidine; (47) U47700; or (48) Fentanyl derivatives and analogues: (A) Unless specifically excepted, listed in another schedule, or contained within a pharmaceutical product approved by the United states food and drug administration, any material, compound, mixture, or preparation, including its salts, isomers, esters, or ethers, and salts of isomers, esters, or ethers, whenever the existence of such salts is possible within any of the following specific chemical designations containing a 4-anilidopiperidine structure: (i) With or without substitution at the carbonyl of the aniline moiety with alkyl, alkenyl, carboalkoxy, cycloalkyl, methoxyalkyl, cyanoalkyl, or aryl groups, or furanyl, dihydrofuranyl, benzyl moiety, or rings containing heteroatoms sulfur, oxygen, or nitrogen; (ii) With or without substitution at the piperidine amino moiety with a phenethyl, benzyl, alkylaryl (including heteroaromatics), alkyltetrazolyl ring, or an alkyl or carbomethoxy group, whether or not further substituted in the ring or group; (iii) With or without substitution or addition to the piperdine ring to any extent with one or more methyl, carbomethoxy, methoxy, methoxymethyl, aryl, allyl, or ester groups; (iv) With or without substitution of one or more hydrogen atoms for halogens, or methyl, alkyl, or methoxy groups, in the aromatic ring of the anilide moiety; (v) With or without substitution at the alpha or beta position of the piperidine ring with alkyl, hydroxyl, or methoxy groups; 3 HB 1832 (vi) With or without substitution of the benzene ring of the anilide moiety for an aromatic heterocycle; or (vii) With or without substitution of the piperidine ring for a pyrrolidine ring, perhydroazepine ring, or azepine ring; and (B) The application of subdivision (b)(48)(A) includes, but is not limited to, any of the following: (i) Acetylfentanyl (N-(1 -phenethylpiperidin-4-yl)-N- phenylacetamide); (ii) Acetyl-alpha-methylfentanyl (N-[1 -(1 -methyl-2- phenethyl)-4-piperidnyll-N-phenyl-acetamide); (iii) Acryl fentanyl (N-( 1 -phenethylpiperidin-4-yl)-N- phenylacrylamide); (iv) Alpha-methylfentanyl (N-[ 1 -(alpha-methyl-beta- phenyl)ethyl-4-piperidyllpropionanilide; 1 -( 1 -methyl-2-phenylethyl)- 4-(N-propanilido)piperidine) ; (v) Alpha-methylthiofentanyl (N-[1 -methyl-2-(2- thienyl)ethyl-4-piperidinyll-N-phenylpropanamide) ; (vi) Benzodioxolefentanyl ; (vii) Beta-hydroxyfentanyl (N-[1 -(2-hydroxy-2-phenethyl)-4- piperidinyll-N-phenylpropanam ide) ; (viii) Beta-hydroxythiofentanyl (N-[1 -[2-hydroxy-2- (thiophen-2-yl)ethyllpiperidin-4-yll-N-phenylpropionamide) ; N-[ 1 - [2-hyd roxy-2-(2{h ienyl)ethyl]-4-pi perid i nyll-N- phenylpropanamide); (ix) Beta-hydroxy-3-methylfentanyl (N-[1 -(2-hydroxy-2- phenethyl)-3-methyl-4-piperidinyll-N-phenylpropanamide) ; (x) Butyrylfentanyl (N-( 1 -phenethylpiperidin-4-yl)-N- phenylbutyram ide; N-(1 -phenethylpiperidin-4-yl)-N- phenylbutanamide); (xi) Cyclopentyl fentanyl; (xii) lsobutyryl fentanyl; (xiii) Furanyl fentanyl; (xiv) Lofentanil; (xv) 3-Methylfentanyl (N-[3-methyl-1 -(2-phenylethyl)-4- piperidyll-N-phenylpropanamide) ; (xvi) 3-Methylthiofentanyl (N-[3-methyl-1 -(2thienyl)ethyt-4- piperidinyll-N-phenylpropanam ide) ; (xvii) Ocfentanil; (xviii) Ohmefentanyl; (xix) Para-fluorofentanyl (N-(a-fl uorophenyt)-N-[ 1 -(2- phenethyl)-4-piperidinyll propanamide); (n) Pa ra-fl uoroisobutyryl fentanyl (N -(4-f tuorophenyl)-N-( 1 - phenethylpiperidin-4-yl)isobutyramide; 4-fluoroisobutyryl fentanyl ; 4 HB 1832 (xxi) Pentanoyl fentanyl; (xxii) Thiofentanyl; or (>xiii) Valeryl fentanyl. (c) Opium derivatives, unless specifically excepted or unless listed in another schedule, means any of the following opium derivatives, 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: (1) Acetorphine; (2) Acetyldihydrocodeine; (3) Benzylmorphine; (4) Codeine methylbromide; (5) Codeine-N-Oxide; (6) Cyprenorphine; (7) Desomorphine; (8) Dihydromorphine; (9) Drotebanol; (10) Etorphine (except hydrochloride salt); (11) Heroin; (12) Hydromorphinol; (1 3) Methyldesorphine; (1 4) Methyldihydromorphine; (1 5) Morphine methylbromide; (1 6) Morphine methylsulfonate; (1 7) Morphine-N-Oxide; (18) Myrophine; (19) Nicocodeine; (20) Nicomorphine; (21) Normorphine; (22) Pholcodine; or (23) Thebacon. (d) Hallucinogenic substances, unless specifically excepted or unless listed in another schedule, means any material, compound mixture, or preparation that contains any quantity of the following hallucinogenic substances, or that contains any of its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specified chemical designation; provided, that for purposes of this subsection (d) only, "isomer" includes the optical, positional, and geometric isomers: 5 HB 1832 (1 ) Alpha-ethyltryptam ine Other names: etryptamine; Monase; [alpha]-ethyl-1H-indole-3-ethanamine; 3-(2- aminobutyl) indole; lalphal-ET; and AET; ET; Trip; (2) Alpha-methyltryptamine Other name: AMT; (3) 4-Bromo-2, 5-dimethoxyam phetamine Other names: 4-Bromo-2,5-dimethoxy-[alpha]-methylphenethylamine; 4-bromo- 2,5-DMA; (4) 4-Bromo-2, 5-dimethoxyphenethylamine Other names: 2-(4-Bromo-2, 5-dimethoxyphenyl)- 1 -aminoethane; alpha- desmethyl DOB; 2C-B; Nexus; (Q 2-@-Brom o-2, 5-d imethoxyphenyl)-N-(2-methoxybenzyt)ethana m i ne Other names: 25B-NBOMe; 2C-B-NBOMe; 258; Cimbi-36; (6) Bufotenine Other names: 3-([beta]-Dimethylaminoethyl)-S-hydroxyindole; 3-(2 dimethylam inoethyl)-5-indolol ; N, N-dimethylserotonin ; S-hydroxy-N, N- dimethyltryptamine; mappine; (7 ) 2- (4-Chloro-2, 5-dimethoryphenyl)-N-(2-methoxybenzyl)ethanam ine Other names: 25C-NBOMe; 2C-C-NBOMe; 25C; Cimbi-82; (8)
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