Public Notice: Affirmative Action Order of the Controlled Substances Board re. Acetyl Fentanyl  

  • 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 July 17, 2015 , the Department of Justice, Drug Enforcement Administration published its final rule in the Federal Register placing acetyl fentanyl into schedule I of the federal Controlled Substances Act. The scheduling action is effective July 17, 2015 .
    2. The Controlled Substances Board did not receive an objection to similarly treating acetyl fentanyl as a schedule I under ch. 961 , Stats. within 30 days of the date of publication in the federal register of the final order designating acetyl fentanyl as a controlled substance.
    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 acetyl fentanyl as a schedule I controlled substance .
    ORDER
    Pursuant to s. 961.11(4) , Stats., t he Controlled Substances Board by affirmative action similarly treats acetyl fentanyl under chapter 961, Stats. by creating the following :
    CSB 2. 4 6 Addition of acetyl fentanyl to schedule I . Section 961. 14 (2) (ae) , Stats., is created to read:
    961.14 (2) (ae ) Acetyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N- phenylacetamide ) .
    This order shall take effect on November 21 , 201 6 to allow for publication in the Administrative Register. The order expires upon promulgation of a final rule.
    Dated 11-15-16           /s/ Doug Englebert    
                  D oug Eng le bert, Chair
                  Controlled Substances Board