STATE OF WISCONSIN
CONTROLLED SUBSTANCES BOARD
IN THE MATTER OF RULE-MAKING
PROCEEDINGS BEFORE THE
CONTROLLED SUBSTANCES BOARD
AFFIRMATIVE ACTION
ORDER OF THE
CONTROLLED SUBSTANCES BOARD
FINDINGS
1. On
September
6
, 2016
, the
Department of Justice, Drug Enforcement Administration
published its final rule in the Federal Register placing
AB-FUBINACA and ADB-PINACA
into schedule
I
of the federal Controlled Substances Act. The scheduling action is effective
September 6
, 2016
.
2. The Controlled Substances Board did not receive an objection to similarly treating
AB-FUBINACA and ADB-PINACA
as a schedule
I
controlled substances
under ch.
961
, Stats. within 30 days of the date of publication in the federal register of the final order designating
AB-FUBINACA and ADB-PINACA
as controlled substance
s
.
3. The Controlled Substances Board
will
promulgate a final rule
,
without making the determinations or findings required by ss.
961.11(1)
,
(1m)
,
(1r)
and
(2)
or s.
961.19
and omitting the notice of proposed rule making, designating
AB-FUBINACA and ADB-PINACA
as schedule
I
controlled substance
s
.
ORDER
Pursuant to s.
961.11(4)
, Stats., t
he Controlled Substances Board by affirmative action similarly treats
AB-FUBINACA and ADB-PINACA
under chapter 961, Stats.
by creating the following
:
CSB 2.
4
5
Addition of
AB-FUBINACA and ADB-PINACA
to schedule
I
.
Section
961.14 (4) (tb) 32.
and
33.
, Stats., is created to read:
961.14 (4) (tb) 32.
N
-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1
H
-indazole-3-carboxamide, commonly known as AB-FUBINACA
.
33.
N
-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1
H
-indazole-3-carboxamide, commonly known as ADB-PINACA
.
This order shall take effect on
October
10
, 201
6
to allow for publication in the Administrative Register.
The order expires upon promulgation of a final rule.
