STATE OF WISCONSIN
Controlled Substances Board
IN THE MATTER OF RULE-MAKING
PROCEEDINGS BEFORE THE
CONTROLLED SUBSTANCES BOARD
PROPOSED ORDER OF THE
CONTROLLED SUBSTANCES BOARD
ADOPTING RULES
(CLEARINGHOUSE RULE )
PROPOSED ORDER
An order of the
Controlled Substances Board
to
amend CSB 3.04 (6
)
(a) and (b) and 3.07 (1) (c)
,
relating to measurements of controlled substances for purposes of special use authorizations.
Analysis prepared by the Department of
Safety and Professional Services
.
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ANALYSIS
Statutes interpreted:
s.
961.335
, Stats
.
Explanation of agency authority:
The controlled substances board may promulgate rules relating to the granting of special use permits including, but not limited to, requirements for the keeping and disclosure of records other than those that may be withheld under sub. (7), submissions of protocols, filing of applications and suspension or revocation of permits.
s
.
961.335(8)
, Stats.
Related statute or rule:
ch.
CSB 3
Plain language analysis:
This rule indicates the controlled substances are to be measured in total weight in grams for solid controlled substances and in volume and concentration for liquid controlled substances for purposes of inventory list, records and application purposes.
Summary of, and comparison with, existing or proposed federal regulation:
Federal regulations require any person who possess, manufactures, distributes or dispenses any controlled substances to register with the U.S. Department of Justice, Drug Enforcement Administration,
Office
of Diversion Control.
Comparison with rules in adjacent states:
Illinois
:
Illinois controlled substance license (other) does not indicate a requirement for total weight or volume of the controlled substances for purposes of inventory list, records or application process.
Iowa
:
Iowa registration for independent activities does not indicate a requirement for total weight or volume of the controlled substances for purposes of inventory list, records or application process.
Michigan
:
Michigan licenses for controlled substances do not indicate a requirement for total weight or volume of the controlled substances for purposes of inventory list, records or application process.
Minnesota:
Minnesota controlled substance registration does not indicate a requirement for total weight or volume of the controlled substances for purposes of inventory list, records or application process.
Summary of factual data and analytical methodologies:
The current rule indicates weight in grams regardless of the state of the liquid. A more accurate reflection of how the substances are measured includes volume for liquid controlled substances. Therefore, the Board is updating the rule to take into consideration the state of the
controlled substance
and the method for which each state
of matter
is measured.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact
analysis
:
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on small business:
These proposed rules
do
not
have
an economic impact on small businesses, as defined in s.
227.114 (1)
, Stats. The Department’s Regulatory Review Coordinator may be contacted by email at
Eric.Esser
@wisconsin.gov
, or by calling (608) 26
7-2435
.
Agency contact person:
Sharon Henes, Administrative Rules Coordinator
, Department of
Safety and Professional Services
, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box
8366
, Madison, Wisconsin 53708; telephone 608-
261-2377
; email at
Sharon.Henes
@wisconsin.gov
.
Place where comments are to be submitted and deadline for submission:
Comments may be submitted to
Sharon Henes, Administrative Rules Coordinator,
Department of
Safety and Professional Services
, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8
366
, Madison, WI 53708-
8366
, or by email to
Sharon.Henes
@wisco
ns
in.gov
. Comments must be received
at or before the public hearing to be held on December 1, 2015
to be include
d in the record of rule-making proceedings.
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TEXT OF RULE
Section
1. CSB 3.04
(6) (a) and (b) are amended to read:
CSB 3.04
(6) (a) An inventory listing the total weight in grams
if solid, or volume and concentration if li
quid
of each controlled substance in the lab or intended for purchase for the lab.
CSB 3.04
(6) (b) Whenever the lab purchases or otherwise adds to its inventory a new controlled substance or an additional amount of a controlled substance that was not previously authorized in a permit, an amended SUA application that includes the total weight in grams
if solid, or volume and concentration if li
quid
for each such new or additional substance.
Section
2
. CSB 3.0
7 (1) (c) is amended to read:
CSB 3.07 (1) (c) The total weight in grams
if solid, or volume and concentration if li
quid
of each controlled substance
on hand.
Section
3
. EFFECTIVE DATE. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin administrative register, pursuant to s.
227.22 (2) (intro.)
, Stats.
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(END OF TEXT OF RULE)
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