Docnumps

LEGISLATURE OF NEBRASKA
NINETY-SIXTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1079
Introduced by Schrock, 38; Chambers, 11; Dierks, 40
Read first time January 7, 2000
Committee: Agriculture
FOR AN ACT relating to agriculture; to amend sections 2-954,
16-230, and 17-563, Reissue Revised Statutes of Nebraska,
section 81-2,147.06, Revised Statutes
Supplement,
sections
Statutes
Supplement, 1999; to
cultivation
industrial hemp; to harmonize provisions; and to repeal
the original sections.
Be it enacted by the people of the State of Nebraska,
Section 1. Industrial hemp (cannabis sativa), having no
____________________________________________
more than three-tenths
tetrahydrocannabinol,
___________________________________________________________________
recognized as an oilseed.
Upon meeting the requirements of section
___________________________________________________________________
2 of this act, any person in this state may plant, grow, harvest,
___________________________________________________________________
possess, process, sell, and buy industrial hemp
(cannabis
___________________________________________________________________
three-tenths
___________________________________________________________________
tetrahydrocannabinol.
_____________________
(1) Any person desiring to grow industrial
________________________________________________
commercial
purposes
Department
___________________________________________________________________
Agriculture for a license on a form prescribed by
department.
___________________________________________________________________
application for a license must include the name and address of
___________________________________________________________________
the applicant and the legal description of the land area to be used
___________________________________________________________________
for the production of industrial hemp.
Except for employees of the
___________________________________________________________________
agricultural experiment station or the Cooperative
Extension
___________________________________________________________________
Service of the University of Nebraska involved in research and
___________________________________________________________________
extension-related activities, each applicant for initial
licensure
___________________________________________________________________
shall file a set of the applicant's fingerprints and any other
___________________________________________________________________
information necessary to complete a check of his
criminal
___________________________________________________________________
information
maintained
Identification
___________________________________________________________________
Division of the Federal Bureau of Investigation through the
___________________________________________________________________
Nebraska State Patrol.
All costs associated with such check are
___________________________________________________________________
the responsibility of the
applicant.
Criminal
___________________________________________________________________
provided to the department under this section are confidential.
___________________________________________________________________
The department may use the records only in determining
___________________________________________________________________
applicant's eligibility for licensure under this section.
___________________________________________________________________
person with a prior criminal conviction is not eligible for
___________________________________________________________________
licensure under this section. If the applicant has completed the
___________________________________________________________________
application process to the
satisfaction
department,
___________________________________________________________________
department
shall issue the license, which is valid for a period of
___________________________________________________________________
one year.
Any person licensed under this section is presumed to be
___________________________________________________________________
growing industrial hemp for commercial purposes.
________________________________________________
licensee
department
_________________________________________________________
documentation indicating that the seeds planted were of a type
___________________________________________________________________
certified to have no more than three-tenths of one percent
___________________________________________________________________
tetrahydrocannabinol and a copy of any contract to grow
industrial
___________________________________________________________________
Each licensee shall notify the department of the sale or
___________________________________________________________________
distribution of any industrial hemp grown by the licensee, and
___________________________________________________________________
names of the persons to whom the hemp was sold or distributed.
______________________________________________________________
(3) The department shall adopt and promulgate rules and
_________________________________________________________
regulations to allow the industrial hemp to be tested during growth
___________________________________________________________________
for tetrahydrocannabinol levels and to allow for supervision of the
___________________________________________________________________
industrial hemp during its growth and harvest.
To provide
___________________________________________________________________
sufficient funds to pay costs associated with monitoring and
___________________________________________________________________
testing industrial hemp in the state, the department
___________________________________________________________________
each applicant a fee of five dollars per acre. The minimum fee
___________________________________________________________________
assessed shall be one hundred fifty dollars per
applicant.
___________________________________________________________________
fees shall be remitted to the State Treasurer for credit to the
___________________________________________________________________
Industrial Hemp Licensure Fund, which is hereby created.
___________________________________________________________________
the fund shall be used by the department to carry out and enforce
___________________________________________________________________
sections 1 and 2 of this act.
Any money in the fund available
___________________________________________________________________
investment shall be invested by the state investment officer
___________________________________________________________________
pursuant to the Nebraska Capital Expansion
Nebraska
___________________________________________________________________
State Funds Investment Act.
___________________________
Section 2-954, Reissue Revised Statutes of
Nebraska, is amended to read:
(1)(a) The duty of enforcing and carrying out the
Noxious Weed Control Act shall be vested in the
director
control authorities as designated in the act. The director shall
determine what weeds are noxious for purposes of the
Industrial
hemp (cannabis sativa) having no more than three-tenths
___________________________________________________________________
of one percent tetrahydrocannabinol shall not be
designated
___________________________________________________________________
______________
A list of such noxious weeds shall be included in
the rules and regulations adopted and promulgated by the
director.
The director shall prepare, publish, and revise as necessary a list
noxious weeds.
The list shall be distributed to the public by
the director, the Cooperative Extension Service, the control
authorities, and any other body the director deems appropriate.
The director shall, from time to time, adopt and
promulgate
and regulations on methods for control of noxious weeds and adopt
and promulgate such rules and regulations as are necessary to carry
out the act.
Whenever special weed control
problems
county involving weeds not included in the rules and regulations,
the control authority may petition the director to bring such weeds
under the county control program.
The petition shall
approval of the county board. Prior to petitioning the director,
the control authority, in cooperation with the county board,
hold a public hearing and take testimony upon the petition. Such
hearing and the notice thereof shall be in the manner prescribed by
the Administrative Procedure Act.
A copy of the transcript of
accompany
petition
director.
The director may approve or disapprove the request.
approval is granted, the control authority may proceed under the
forced control provisions of sections 2-953 to 2-955 and 2-958.
(b) The director shall (i)
investigate
noxious weeds, (ii) require information and reports from any
control authority as to the presence of noxious weeds and other
information relative to noxious weeds and the
localities where such control authority has jurisdiction, (iii)
cooperate with control
authorities
carrying
administered by him or her, (iv) cooperate with agencies of federal
state governments and other persons in carrying out his or her
duties under the Noxious Weed Control Act, (v) with the consent
Governor, conduct investigations outside this state to protect
the interest of
agricultural
industry
noxious weeds not generally distributed therein, (vi) with the
consent of the federal agency involved, control
federal lands within this state, with reimbursement, when deemed by
director to be necessary to an effective weed control program,
(vii) advise and confer as to the extent of noxious
infestations
and the methods determined best suited to the control
thereof, (viii) call and attend meetings
conferences
with the subject of noxious weeds, (ix) disseminate information and
conduct educational campaigns with respect to control of noxious
weeds, (x) procure materials and
equipment
personnel
necessary
to carry out the director's duties and responsibilities,
and (xi) perform such other acts as may be necessary or appropriate
to the administration of the act.
(c) When the director determines that a control authority
substantively
responsibilities as a control authority or has substantively failed
to implement a county weed control program, he or she shall
instruct the control authority regarding the measures necessary
fulfill such duties and responsibilities.
The director shall
establish a reasonable date by which the control authority shall
fulfill such duties and responsibilities.
If the control authority
fails or refuses to comply with
instructions
Attorney General shall file an action as provided by law against
the control authority for such failure or refusal.
(2)(a) Each control authority shall carry out the
and responsibilities vested in it under the act with respect to
land under its jurisdiction in accordance
regulations adopted and promulgated by the director. Such duties
shall include the establishment of a coordinated program for
control of noxious weeds within the county.
A control authority may cooperate with any person in
carrying out its duties and responsibilities under the act.
(3)(a) Each county board shall employ one
control superintendents.
Each such superintendent shall, as a
condition precedent to employment, be certified in writing
Environmental Protection Agency as a commercial applicator
under the Federal
Insecticide,
Fungicide,
Rodenticide
Each superintendent shall be bonded for such sum as the county
board shall prescribe.
The same person
superintendent for more than one county. Such employment may be
for such tenure and at such rates of compensation and reimbursement
for travel expenses as
prescribe.
superintendent shall be reimbursed for mileage at a rate equal to
or greater than the rate provided in section 81-1176.
(b) Under the direction
authority,
shall be the duty of every weed control superintendent to examine
all land under the jurisdiction of the control
authority
purpose of determining whether the Noxious Weed Control Act and the
and regulations adopted and promulgated by the director have
been complied with.
The weed control
superintendent
Compile such data on infested areas and controlled areas and such
other reports as the director or the control authority may require;
(ii) consult and advise upon matters pertaining
practical
assistance and direction for
effective
control;
investigate or aid in the investigation and prosecution of any
violation of the
required by the control authority in the performance of its duties.
Weed control superintendents shall cooperate and assist one another
to the extent practicable and shall supervise the carrying out of
the coordinated control program within the county.
(c) In cases involving counties in
municipalities
have ordinances for weed control, the control authority may enter
into agreements with municipal authorities for the
enforcement
ordinances
collection
procedures
established by such
ordinances.
received
deposited in the weed control authority fund.
Section 16-230, Reissue Revised Statutes of
Nebraska, is amended to read:
(1) A city of the first class by
ordinance
require lots or pieces of ground within the city or within two
miles of the corporate limits of the city to be drained
as to prevent stagnant water or any other nuisance accumulating
thereon.
It may require the owner or
occupant
pieces of ground within the city to keep the lots and pieces of
ground and the adjoining streets and alleys free of any growth of
twelve inches or more in height of
grasses,
worthless
vegetation,
prohibit
throwing,
depositing, or accumulation of litter on any lot or piece of ground
within the city.
(2) Any city of the first class may by ordinance
it to be a nuisance to permit or maintain any growth of twelve
inches or more in height of weeds, grasses, or worthless vegetation
or to litter or cause litter to
deposited
except in proper receptacles.
(3) Any owner or occupant of a lot or piece of ground
shall, upon conviction of violating such ordinance, be guilty of
Class V misdemeanor.
(4) Notice to abate and remove such nuisance shall be
given to each owner or owner's duly authorized
occupant, if any, by personal service or certified mail. Within
five days after receipt of such notice, if the owner or occupant of
the lot or piece of ground does not request a hearing with the city
or fails to comply with the order to abate and remove the nuisance,
the city may have such work done.
The costs and
expenses
such work shall be paid by the owner. If unpaid for two months
after such work is done, the city may either (a)
costs and expenses of the work upon the lot or piece of ground
so benefited in the same manner as other special taxes for
improvements are levied and assessed or (b) recover in a civil
action the costs and expenses of the work upon the lot or piece
ground and the adjoining streets and alleys.
(5) For purposes of this section:
(a) Litter shall include, but not be limited to: (i)
Trash, rubbish, refuse, garbage, paper, rags, and ashes; (ii) wood,
plaster, cement, brick, or
building
and worthless vegetation; (iv) offal and dead animals; and
(v) any machine or machines, vehicle or vehicles,
machine or vehicle which have lost their identity, character,
utility, or serviceability
deterioration,
dismantling, or the ravages of time, are inoperative or unable to
perform their intended functions, or are cast
discarded,
thrown away or left as waste, wreckage, or junk; and
Weeds shall include, but not be limited to, bindweed
(Convolvulus arvensis), puncture vine (Tribulus terrestris),
(Euphorbia
(Cirsium
arvense),
perennial peppergrass (Lepidium draba), Russian knapweed (Centaurea
picris), Johnson grass (Sorghum halepense), nodding or
thistle, quack grass (Agropyron repens), perennial sow thistle
(Sonchus arvensis), horse nettle (Solanum carolinense),
thistle (Cirsium lanceolatum), buckthorn (Rhamnus sp.) (tourn),
hemp plant (Cannabis sativa) having more than three-tenths
______________________________________
percent tetrahydrocannabinol, and ragweed (Ambrosiaceae).
____________________________
Section 17-563, Reissue Revised Statutes of
Nebraska, is amended to read:
(1) Each city of the second class and village by
ordinance may require lots or pieces of ground within the
to be drained or filled so as to prevent stagnant water or
any other nuisance accumulating thereon.
It may require the
or occupant of any lot or piece of ground within the city or
village to keep the lot
adjoining
streets and alleys free of any growth of twelve inches or more in
height of weeds, grasses,
worthless
vegetation,
prohibit and control the throwing, depositing, or accumulation of
litter on any lot or piece of ground within the city or village.
(2) Any city of the
ordinance declare it to be a nuisance to permit or maintain any
growth of twelve inches or more in height
grasses,
worthless vegetation or to litter or cause litter to be deposited
or remain thereon except in proper receptacles.
(3) Any owner or occupant of a lot
upon conviction of violating such ordinance, be guilty of a
Class V misdemeanor.
(4) Notice to abate and remove
nuisance
given to each owner or owner's duly authorized agent and to the
occupant, if any, by personal service or certified
five days after receipt of such notice, if the owner or occupant of
the lot or piece of ground does not request a hearing with the city
or village or fails to comply with the order to abate and remove
the nuisance, the city or village may have such
costs and expenses of any such work shall be paid by the owner.
for two months after such work is done, the city or village
may either (a) levy and assess the costs and expenses of
the lot or piece of ground so benefited in the same manner as
other special taxes for improvements are levied and assessed or (b)
recover in a civil action the costs and expenses of the
the lot or piece of ground and the adjoining streets and alleys.
(5) For purposes of this section:
(a) Litter shall include, but not be limited to: (i)
Trash, rubbish, refuse, garbage, paper, rags, and ashes; (ii) wood,
plaster, cement, brick, or stone building rubble; (iii) grass,
leaves, and worthless vegetation; (iv) offal and dead animals;
(v) any machine or machines, vehicle or vehicles, or parts of a
machine or vehicle
identity,
character,
utility,
serviceability
deterioration,
dismantling, or the ravages of time, are inoperative or
perform their intended functions, or are cast off, discarded, or
thrown away or left as waste, wreckage, or junk; and
(b) Weeds shall include, but not be limited to,
bindweed
(Convolvulus
arvensis), puncture vine (Tribulus terrestris), leafy
spurge (Euphorbia esula), Canada thistle
(Cirsium
arvense),
perennial peppergrass (Lepidium draba), Russian knapweed (Centaurea
picris),
(Sorghum
halepense),
thistle, quack grass
(Agropyron
repens),
perennial
(Sonchus
arvensis),
(Solanum
carolinense),
thistle (Cirsium lanceolatum),
buckthorn
(Rhamnus
(tourn),
hemp plant (Cannabis sativa) having more than three-tenths of one
____________________________________
percent tetrahydrocannabinol, and ragweed (Ambrosiaceae).
____________________________
Section 28-401, Revised Statutes Supplement,
1999, is amended to read:
As used in the Uniform Controlled Substances
Act, unless the context otherwise requires:
(1) Administer shall mean the
application
controlled
substance, whether by injection, inhalation, ingestion,
or any other means, to the body of a patient
research
by: (a) A practitioner or, in his or her presence, by his or her
authorized agent; or (b) the patient or
research
direction and in the presence of the practitioner;
(2) Agent shall mean an authorized person who acts on
behalf of or at the direction of a
manufacturer,
distributor,
dispenser.
Agent shall not include a common or contract carrier,
public warehouse keeper, or employee of the
warehouse
Administration shall mean the Drug Enforcement
Administration, United States Department of Justice;
(4) Controlled substance shall mean a drug, substance, or
immediate precursor in Schedules I to V of section 28-405.
Controlled substance shall not include distilled spirits, wine,
malt beverages, tobacco,
nonnarcotic
substance
substance may, under the Federal Food, Drug, and Cosmetic Act and
the law of this state, be lawfully sold over the counter without
prescription;
Counterfeit
substance
controlled
substance which, or the container or
labeling
authorization,
trademark,
identifying mark, imprint,
likeness
thereof, of a manufacturer, distributor, or dispenser other than
the person or persons who in
manufactured,
distributed,
dispensed such substance and which thereby falsely purports or is
represented to be the product of, or to have been
distributed
such other manufacturer, distributor, or dispenser;
(6) Department shall mean the Department of Health and
Human Services Regulation and Licensure
personnel
responsible
enforcement
Controlled
Substances Act in the areas assigned to it by the act;
Division of Drug Control shall mean the personnel of
the Nebraska State Patrol who are assigned to enforce
Controlled Substances Act;
(8) Dispense shall mean to deliver a controlled substance
to an ultimate user or a research subject pursuant to the lawful
order or prescription of a physician, physician assistant, dentist,
veterinarian, or other medical practitioner licensed under the laws
of this state to prescribe drugs, including the
packaging,
labeling, or compounding necessary to prepare the substance for
such delivery.
Dispenser shall mean the apothecary, pharmacist, or
other practitioner, duly licensed, who dispenses a controlled
substance to an ultimate user or a research subject;
(9) Distribute shall mean to deliver other than by
administering or dispensing a controlled
substance.
Distributor
shall mean a person who so distributes a controlled substance;
(10) Prescribe shall mean the act of a physician,
physician assistant, surgeon, dentist, veterinarian, or other
medical practitioner licensed under the laws of this state in
issuing an order, prescription, or direction
pharmacist
pharmacy to dispense a drug as required by the laws of this state;
(11) Drug shall mean (a) articles recognized in the
official
Pharmacopoeia,
official
Homeopathic
Pharmacopoeia of the United States, official National Formulary, or
any supplement to any of them, (b) substances intended for use in
the diagnosis, cure, mitigation, treatment, or prevention of
disease in human beings or animals, and (c) substances intended for
use as a component of any article specified in subdivision (a) or
(b) of this subdivision, but shall not
components, parts, or accessories;
delivery
constructive, or attempted transfer from one person to another of a
controlled substance, whether or not
relationship;
(13) Marijuana shall mean all parts of the plant of the
genus cannabis having more than three-tenths of one percent
__________________________________________________
tetrahydrocannabinol,
____________________
whether growing or not, the seeds thereof,
and every compound,
manufacture,
derivative,
mixture,
preparation of such plant or its seeds, but shall not include the
mature stalks of such plant,
hashish,
tetrahydrocannabinols
extracted or isolated from the plant, fiber produced from such
stalks, oil or cake made from the seeds of such
compound, manufacture, salt, derivative, mixture, or preparation of
such mature stalks, or the sterilized seed of such plant which is
incapable of germination.
When the weight of marijuana is referred
to in the Uniform Controlled Substances
weight at or about the time it is seized or otherwise comes into
the possession of law enforcement
authorities,
uncured at that time;
Manufacture shall mean the production, preparation,
propagation, compounding, or processing of a controlled
substance,
either directly or indirectly by extraction from substances of
natural origin, independently by means of chemical synthesis, or by
a combination of
extraction
chemical
synthesis,
include any packaging or repackaging of the substance or labeling
or relabeling of its container, except that manufacture
include the preparation or compounding of a controlled substance by
individual
preparation,
compounding, packaging, or labeling of a controlled substance:
By a practitioner as an incident to his or her prescribing,
administering, or dispensing
controlled
substance
professional
practice;
practitioner, or by his or her authorized agent under
supervision, for the purpose of, or as an incident to, research,
teaching, or chemical analysis and not for sale;
(15) Narcotic drug
following,
produced
directly
indirectly
extraction
substances of vegetable origin, independently by means of
chemical
synthesis,
combination
extraction
chemical
synthesis: (a) Opium, opium poppy and poppy straw, coca leaves, and
opiates; (b) a compound, manufacture, salt,
derivative,
preparation of opium, coca leaves, or opiates; or (c) a substance
and any compound, manufacture,
derivative,
preparation
which is chemically equivalent to or identical with any of
the substances referred to in subdivisions
subdivision, except that the words narcotic drug as used in the
Uniform Controlled Substances Act shall
decocainized
coca leaves or extracts of coca leaves, which extracts do not
contain cocaine or ecgonine, or isoquinoline alkaloids of opium;
(16) Opiate shall mean
substance
addiction-forming or addiction-sustaining liability similar to
morphine or being capable of conversion into
addiction-forming
or addiction-sustaining liability.
Opiate shall
dextrorotatory
3-methoxy-n
methylmorphinan and its salts.
Opiate shall include its racemic
and levorotatory forms;
(17) Opium poppy shall mean the plant of the species
Papaver somniferum L., except the seeds thereof;
(18) Poppy straw shall mean all parts, except the
of the opium poppy after mowing;
(19) Person shall mean any corporation, association,
partnership, limited liability company, or one or more individuals;
(20) Practitioner shall mean a physician, physician
assistant,
dentist,
veterinarian,
pharmacist,
scientific
investigator, pharmacy, or hospital, licensed, registered, or
otherwise permitted to distribute, dispense, prescribe, conduct
research with respect to, or administer a controlled
substance
the course of professional practice or research in this state, or
other person licensed, registered, or otherwise permitted to
distribute,
dispense,
research
administer a controlled substance in
professional
practice or research in this state;
Production shall include the manufacture, planting,
cultivation, or harvesting of a controlled substance;
(22) Immediate precursor shall mean a substance which
principal compound commonly used or produced primarily for use
and which is an immediate chemical intermediary used or
be used in the manufacture of a controlled substance, the control
of which is necessary to prevent, curtail, or
manufacture;
(23) State shall mean the State of Nebraska;
(24) Ultimate user shall mean a person who lawfully
possesses a controlled substance for his or her own
use of a member of his or her household, or for administration to
an animal owned by him or
household;
(25) Physician shall mean a person authorized by law to
practice medicine in this state and any other person authorized
law to treat sick and injured human beings in this state;
(26) Dentist shall mean a person authorized by law to
practice dentistry in this state;
(27) Veterinarian shall mean a person authorized
to practice veterinary medicine in this state;
Hospital shall mean an institution for the care and
treatment of sick and injured human
approved
department;
Podiatrist shall mean a person authorized by law to
practice podiatry and who has graduated from an
accredited
of podiatry in or since 1935;
(30) Apothecary shall mean a licensed pharmacist as
defined by the
requires, the owner of the store or other place of business where
drugs are compounded or dispensed by
licensed
pharmacist,
nothing in this subdivision shall be construed as conferring on a
person who is not registered
licensed
pharmacist
authority, right, or privilege that is not granted to him or her by
the pharmacy laws of this state;
(31) Nothing in the Uniform Controlled Substances Act
shall be construed as authority for a practitioner
act for which he or she is not authorized by the laws of this
Cooperating individual shall mean any person, other
than a commissioned law enforcement officer, who acts on behalf of,
at the request of, or as agent for a law enforcement agency for the
purpose of gathering or obtaining evidence of
offenses
punishable
under the Uniform Controlled Substances Act;
(33) Hashish or concentrated cannabis shall mean: (a)
The separated resin, whether crude or
purified,
obtained
plant of the genus cannabis having more than three-tenths of one
____________________________________
percent tetrahydrocannabinol; or
____________________________
material,
preparation,
mixture, compound, or other substance which contains ten percent or
more by weight of tetrahydrocannabinols;
(34) Exceptionally hazardous drug shall mean (a) a
narcotic drug, (b) thiophene analog
phencyclidine,
phencyclidine,
amobarbital,
secobarbital,
pentobarbital;
(35) Imitation controlled substance
substance
which is not a controlled substance but which, by way of
express or implied representations and consideration of other
relevant factors including those specified in section 28-445, would
lead a reasonable person to believe the substance is a controlled
substance.
A placebo or
registered
investigational
manufactured,
distributed, possessed, or delivered in the ordinary
course of practice or research by a health care professional
not be deemed to be an imitation controlled substance;
(36) Controlled substance analogue shall mean a substance
(a) the chemical structure of which is substantially similar to the
chemical structure of a Schedule I or Schedule II controlled
substance as provided in section 28-405 or (b) which has a
stimulant, depressant, analgesic, or hallucinogenic effect on the
central nervous system that is substantially similar to or
than the stimulant, depressant, analgesic, or hallucinogenic effect
on the central nervous system of a Schedule I or Schedule II
controlled substance as provided in section 28-405.
controlled
substance
analogue
intended
consumption, be treated as a controlled substance under Schedule
of section 28-405 for purposes of the Uniform Controlled Substances
Controlled substance analogue shall not include (i) a
controlled substance, (ii) any substance
generally
recognized
safe and effective within the meaning of the Federal Food, Drug,
and Cosmetic Act, 21 U.S.C. 301 et seq., (iii)
substance
which there is an approved new drug application, or (iv) with
respect to a particular person, any substance if an exemption is in
effect for investigational use for that person, under
the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 355, to the
extent conduct with respect to such substance is pursuant
exemption;
(37) Anabolic steroid shall mean any drug or hormonal
substance,
chemically
pharmacologically
testosterone,
estrogens,
progestins,
corticosteroids) that promotes muscle growth and includes any
controlled
substance
Schedule
Anabolic steroid shall not include any anabolic
expressly intended for administration through implants to cattle or
other nonhuman species and has been approved by the Secretary of
Health and Human Services
administration,
person prescribes, dispenses, or distributes such a steroid for
human use, such person shall be considered to have prescribed,
dispensed, or distributed an anabolic steroid within the meaning of
this subdivision; and
(38) Physician assistant shall mean
individual
licensed in accordance with sections 71-1,107.15 to 71-1,107.30.
28-405, Revised Statutes Supplement,
1999, is amended to read:
The following are the
schedules
controlled
substances referred to in the Uniform Controlled Substances Act:
Schedule I
Any of the following opiates, including their
isomers, esters, ethers, salts, and salts of isomers,
ethers, unless specifically excepted, whenever the existence of
such isomers, esters, ethers, and
possible
specific
chemical
designation:
Acetylmethadol;
allylprodine;
alphacetylmethadol,
levo-alphacetylmethadol
levo-alpha-acetylmethadol, levomethadyl acetate, and LAAM; (4)
alphameprodine;
alphamethadol;
benzethidine;
betacetylmethadol; (8) betameprodine; (9)
betamethadol;
betaprodine; (11) clonitazene; (12) dextromoramide; (13) difenoxin;
(14) diampromide; (15) diethylthiambutene; (16) dimenoxadol; (17)
dimepheptanol; (18) dimethylthiambutene; (19) dioxaphetyl butyrate;
(20) dipipanone; (21) ethylmethylthiambutene; (22) etonitazene;
(23) etoxeridine; (24) furethidine; (25) hydroxypethidine; (26)
ketobemidone; (27) levomoramide; (28) levophenacylmorphan; (29)
morpheridine;
noracymethadol;
norlevorphanol;
normethadone;
norpipanone;
phenadoxone;
phenampromide;
phenomorphan;
phenoperidine;
piritramide; (39) proheptazine; (40)
properidine;
propiram;
(42) racemoramide; (43) trimeperidine; (44) alpha-methylfentanyl,
N-(1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl)
propionanilide,
1-(1-methyl-2-phenylethyl)-4-(N-propanilido)
piperidine;
tilidine;
3-Methylfentanyl,
N-(3-methyl-1-(2-phenylethyl)-4-piperidyl)-N-
phenylpropanamide,
its optical and geometric isomers, salts,
isomers;
(47) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP), its optical
isomers,
isomers;
1-(2-phenylethyl)-4-phenyl-4-acetyloxypiperidine
(PEPAP),
isomers,
isomers;
N-(1-(1-methyl-2-phenyl)ethyl-4-piperidyl)-N-
phenylacetamide
(acetyl-alpha-methylfentanyl), its optical isomers, salts, and
isomers;
N-(1-(1-methyl-2-(2-thienyl)ethyl-4-piperidyl)-N- phenylpropanamide
(alpha-methylthiofentanyl), its optical isomers, salts,
isomers;
N-(1-benxyl-4-piperidyl)-N-phenylpropanamide
(benzylfentanyl), its optical isomers, salts, and salts of isomers;
N-(1-(2-hydroxy-2-phenyl)ethyl-4-piperidyl)-N-
phenylpropanamide
(beta-hydroxyfentanyl),
isomers,
isomers;
N-(3-methyl-1-(2-hydroxy-2-phenyl)ethyl-4-piperidyl)-N-
phenylpropanamide
(beta-hydroxy-3-methylfentanyl), its optical and
geometric
isomers,
isomers;
N-(3-methyl-1-(2-(2-thienyl)ethyl-4-piperidyl)-N- phenylpropanamide
(3-methylthiofentanyl), its optical and geometric isomers, salts,
and salts of isomers;
N-(1-(2-thienyl)methyl-4-piperidyl)-N-
phenylpropanamide (thenylfentanyl), its optical isomers, salts, and
salts of isomers; (56) N-(1-(2-(2-thienyl)ethyl-4-piperidyl)-N-
phenylpropanamide (thiofentanyl), its optical isomers,
isomers;
N-(1-(2-phenylethyl)
-4-piperidyl)-N-(4-fluorophenyl)-propanamide (para-fluorofentanyl),
its optical isomers, salts, and salts of isomers.
(b) Any of the following opium derivatives, their
isomers, and salts of isomers, unless specifically excepted,
whenever the existence of such salts, isomers, and salts of isomers
is possible within the specific
chemical
designation:
Acetorphine; (2) acetyldihydrocodeine; (3) benzylmorphine; (4)
codeine methylbromide; (5) codeine-N-Oxide; (6) cyprenorphine;
desomorphine;
(8) dihydromorphine; (9) drotebanol; (10) etorphine,
except hydrochloride salt; (11) heroin; (12)
hydromorphinol;
methyldesorphine;
methyldihydromorphine;
morphine
methylbromide;
morphine
methylsulfonate;
morphine-N-Oxide;
myrophine;
nicocodeine;
nicomorphine; (21) normorphine; (22) pholcodine; and (23) thebacon.
(c) Any material, compound, mixture, or preparation which
contains any quantity of the following
hallucinogenic
substances,
their salts, isomers, and salts of isomers, unless specifically
excepted, whenever the existence of such salts, isomers, and
of isomers is possible within the specific chemical designation,
and, for purposes of this subdivision only,
the optical, position, and geometric isomers: (1) Bufotenine.
Trade and other names
include,
3-(B-Dimethylaminoethyl)-5-hydroxyindole;
3-(2-dimethylaminoethyl)-5-indolol;
N-dimethylserotonin;
5-hydroxy-N,
N-dimethyltryptamine;
mappine;
diethyltryptamine.
Trade and other names shall
include,
N-diethyltryptamine;
dimethyltryptamine.
Trade and other names shall include,
limited to: DMT; (4) 4-bromo-2, 5-dimethoxyamphetamine.
and other names shall include, but are not limited
4-bromo-2,
5-dimethoxy-a-methylphenethylamine;
4-bromo-2,
4-methoxyamphetamine.
Trade and other names shall include, but are
4-methoxy-a-methyl-phenethylamine;
paramethoxyamphetamine,
4-methyl-2,
5-dimethoxyamphetamine.
Trade and other names shall
include,
are not limited to: 4-methyl-2, 5-dimethoxy-a-methylphenethylamine;
and STP; (7) 5-methoxy-N-N, dimethyltryptamine; (8) ibogaine.
Trade and other names
include,
7-ethyl-6,6B,7,8,9,10,12,13-octahydro-2-methoxy-6,
9-methano-5H-pyrido
(1',2':1,2)
tabernanthe iboga; (9) lysergic acid diethylamide;
marijuana
more than three-tenths of one percent tetrahydrocannabinol;
__________________________________________________________________
(11) mescaline; (12) peyote.
Peyote shall mean all
plant presently classified botanically as Lophophora williamsii
Lemaire, whether growing or not, the
thereof,
from any part of such plant, and every compound, manufacture,
salts, derivative, mixture, or preparation of
extracts;
psilocybin;
psilocyn;
tetrahydrocannabinols of more than
three-tenths
percent,
____________________________________________
including, but not limited to, synthetic equivalents of the
substances contained in the plant or in the resinous extractives of
cannabis, sp.
or synthetic substances, derivatives, and their
chemical
structure
pharmacological
activity such as the
following:
tetrahydrocannabinol
isomers,
excluding
dronabinol in sesame oil and encapsulated in a soft gelatin capsule
in a drug product approved by the federal Food
Administration; Delta 6 cis or trans tetrahydrocannabinol and their
optical isomers; and Delta 3,4 cis or trans tetrahydrocannabinol
and its optical isomers.
Since nomenclature of these substances is
not internationally standardized,
compounds
structures
shall be included regardless of the numerical designation of atomic
positions
covered;
3,4-methylenedioxy
amphetamine;
5-methoxy-3, 4-methylenedioxy amphetamine; (18) 3,4,5-trimethoxy
amphetamine;
N-ethyl-3-piperidyl
benzilate;
N-methyl-3-peperidyl
benzilate;
thiophene
phencyclidine.
and other names shall include, but are not
1-(1-(2-thienyl)-cyclohexyl)-piperidine;
2-thienylanalog
phencyclidine;
2,5-dimethoxyamphetamine.
Trade and other names shall include, but
are not limited to: 2,5-dimethoxy-a-methylphenethylamine;
2,5-DMA; (23) hashish or concentrated cannabis having more than
________________
three-tenths of one
tetrahydrocannabinol;
___________________________________________________________
Parahexyl.
Trade and other names shall include, but are not
3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,
9-trimethyl-6H-dibenzo(b,d)pyran; and synhexyl; (25) Ethylamine
analog of phencyclidine.
Trade and other names shall include,
N-ethyl-1-phenylcyclohexylamine;
(1-phenylcyclohexyl)ethylamine;
N-(1-phenylcyclohexyl)ethylamine;
cyclohexamine; and PCE; (26) Pyrrolidine analog of phencyclidine.
Trade and other names shall include, but are not limited to:
1-(1-phenylcyclohexyl)-pyrrolidine;
3,4-methylenedioxymethamphetamine
(MDMA), its optical, positional,
and geometric isomers,
isomers;
Phenethylamine.
Trade and other names shall include, but are not
limited to: 4-bromo-2,5-dimethoxyphenethylamine;
Bromo; Erox; and Nexus.
(d) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture,
preparation
which contains any quantity of the following substances having a
depressant effect on the
including
salts, isomers, and salts of isomers whenever the existence of such
salts, isomers, and salts of isomers is possible within the
specific
chemical
designation:
Mecloqualone;
methaqualone.
(e) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture,
preparation
which contains any quantity of the following substances having a
stimulant effect on
including
salts, isomers, and salts of isomers: (1) Fenethylline; and (2)
N-ethylamphetamine.
(f) Gamma hydroxy butyrate (GHB).
(g) Any controlled substance analogue to the extent
intended for human consumption.
Schedule II
(a) Any of the following substances except those narcotic
drugs listed in other schedules whether produced directly or
indirectly by extraction from substances of vegetable origin,
independently
by means of chemical synthesis, or by combination of
extraction and chemical synthesis:
(1) Opium and opiate, and any salt, compound, derivative,
or preparation of opium or
excluding
apomorphine,
buprenorphine,
nalbuphine, nalmefene, naloxone, and naltrexone and
their salts, but including the following: (i) Raw opium; (ii) opium
extracts; (iii) opium fluid
extracts;
powdered
granulated opium; (vi) tincture of opium; (vii) codeine; (viii)
ethylmorphine; (ix) etorphine hydrochloride;
dihydrocodeinone
which is also known as hydrocodone; (xi) hydromorphone; (xii)
metopon; (xiii) morphine; (xiv) oxycodone;
oxymorphone;
(xvi) thebaine;
Any salt, compound, derivative, or preparation
thereof which is chemically equivalent to or identical with any
substances referred to in subdivision (1) of this subdivision,
except that these substances shall
isoquinoline
alkaloids of opium;
(3) Opium poppy and poppy straw;
(4) Coca leaves and any salt, compound, derivative, or
preparation of coca leaves, and any salt, compound, derivative,
preparation
thereof which is chemically equivalent to or identical
with any of these substances,
including
optical isomers, and salts of optical isomers, except that the
substances shall not include
decocainized
extractions which do not contain cocaine or ecgonine; and
(5) Concentrate of poppy straw, the crude extract of
poppy straw in either liquid, solid, or powder form which
contains
the phenanthrine alkaloids of the opium poppy.
(b) Unless specifically excepted or unless in another
schedule any of the following
opiates,
including
isomers,
esters, ethers, salts, and salts of their isomers, esters, and
ethers whenever the existence of such isomers, esters, ethers,
possible
specific
chemical
designation,
dextrorphan and levopropoxyphene excepted:
Alphaprodine;
anileridine;
(3) bezitramide; (4) diphenoxylate; (5) fentanyl; (6)
isomethadone; (7) levomethorphan; (8) levorphanol; (9)
metazocine;
methadone;
methadone-Intermediate,
4-cyano-2-dimethylamino-4,
4-diphenyl
moramide-Intermediate,
2-methyl-3-morpholino-1,
1-diphenyl-propane-carboxylic acid; (13) pethidine
meperidine;
(14) pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;
pethidine-Intermediate-B,
ethyl-4-phenylpiperidine-4-carboxylate;
pethidine-Intermediate-C,
1-methyl-4-phenylpiperidine-4-carboxylic
acid; (17) phenazocine; (18) piminodine; (19) racemethorphan;
racemorphan; (21) dihydrocodeine; (22) bulk dextropropoxyphene in
nondosage forms; (23) sufentanil; (24) alfentanil; and
levo-alphacetylmethadol
levo-alpha-acetylmethadol, levomethadyl acetate, and LAAM.
(c) Any material, compound, mixture, or preparation which
contains any quantity of the following substances having
potential for abuse associated with a stimulant effect on the
central nervous system: (1) Amphetamine, its salts,
isomers, and salts of its optical isomers; (2) phenmetrazine and
its salts; (3) methamphetamine, its salts, isomers,
its isomers; and (4) methylphenidate.
(d) Any material, compound, mixture, or preparation which
contains
quantity
following
substances
potential for abuse associated with
depressant
central nervous system, including their salts, isomers, and salts
of isomers whenever the existence of such salts, isomers, and salts
of isomers is possible within the specific
chemical
designations:
Amobarbital;
secobarbital;
pentobarbital;
phencyclidine; and (5) glutethimide.
(e) Hallucinogenic substances known as:
Dronabinol,
synthetic, in sesame oil and encapsulated in a soft gelatin capsule
in a Food and Drug Administration approved drug product.
dronabinol
(6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-
3-pentyl-6H-dibenzo(b,d)pyran-1-o1
(-)-delta-9-(trans)-tetrahydrocannabinol;
nabilone.
nabilone
(+)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-
hydroxy-6,6-dimethyl-9H-dibenzo(b,d)pyran-9-one.
(f) Unless specifically
excepted
another schedule, any material, compound, mixture, or preparation
which contains any quantity of the following substances: (1)
Immediate
precursor
amphetamine
methamphetamine:
Phenylacetone.
Trade and other names shall include,
Phenyl-2-propanone;
P2P; benzyl methyl ketone; and
methyl benzyl ketone; or (2) immediate precursors to phencyclidine,
1-phenylcyclohexylamine;
1-piperidinocyclohexanecarbonitrile, PCC.
Schedule III
(a) Any material, compound, mixture, or preparation which
contains
quantity
following
substances
potential for abuse associated
stimulant
central nervous system, including their salts, isomers, whether
optical, position, or geometric, and salts of such isomers whenever
the existence of such salts,
isomers,
possible
specific
chemical
designation:
Benzphetamine; (2) chlorphentermine; (3) chlortermine; and (4)
phendimetrazine.
(b) Any material, compound, mixture, or preparation which
contains
quantity
following
substances
potential for abuse associated with
depressant
central nervous system: (1) Any substance which contains any
quantity of a derivative of
barbituric
derivative of barbituric acid, except those substances which are
specifically listed in other schedules of this section; (2)
chlorhexadol; (3) lysergic acid; (4) lysergic acid amide; (5)
methyprylon; (6) sulfondiethylmethane; (7) sulfonethylmethane;
sulfonmethane; (9) nalorphine; (10) any compound, mixture, or
preparation containing amobarbital, secobarbital, pentobarbital, or
any salt thereof and one or more other active medicinal ingredients
which are not listed in any schedule; (11) any
suppository
form containing amobarbital, secobarbital, pentobarbital, or any
salt of any of these drugs
approved
Administration for marketing only as a suppository; and (12)
tiletamine and zolazepam or any salt thereof.
Trade or other names
for a tiletamine-zolazepam combination product shall
include,
not be limited to: telazol.
Trade or other names for tiletamine
include,
2-(ethylamino)-2-(2-thienyl)-cyclohexanone. Trade or other names
zolazepam
include,
4-(2-fluorophenyl)-6,
8-dihydro-1,3,8-trimethylpyrazolo-(3,4-e)
(1,4)-diazepin-7(1H)-one, and flupyrazapon.
(c) Any material, compound, mixture, or preparation
containing limited quantities of
following
narcotic
drugs, or any salts calculated as the free anhydrous base or
alkaloid, in limited quantities as set forth below:
(1) Not more than one and eight-tenths grams
one hundred milliliters or not more than ninety milligrams per
dosage unit, with an equal or greater quantity of
isoquinoline
alkaloid of opium;
(2) Not more than one and eight-tenths grams of codeine
per one hundred milliliters or not more than ninety milligrams
dosage unit, with one or more active, nonnarcotic ingredients in
recognized therapeutic amounts;
(3) Not more
milligrams
dihydrocodeinone which is also known as hydrocodone per one hundred
milliliters or not more than fifteen milligrams per dosage unit,
with a fourfold or greater quantity of an isoquinoline alkaloid
milligrams
dihydrocodeinone which is also known as hydrocodone per one hundred
milliliters or not more than fifteen milligrams
with one or more active, nonnarcotic ingredients in recognized
therapeutic amounts;
(5) Not more than one and eight-tenths
dihydrocodeine
per one hundred milliliters or not more than ninety
milligrams per dosage unit, with one or
nonnarcotic
ingredients in recognized therapeutic amounts;
milligrams
ethylmorphine per one hundred milliliters or not more than
milligrams per dosage unit, with one or more active, nonnarcotic
ingredients in recognized therapeutic amounts;
(7) Not more than five hundred milligrams
hundred milliliters or per one hundred grams, or not more than
twenty-five milligrams per dosage unit, with one
nonnarcotic ingredients in recognized therapeutic amounts; and
(8) Not more than fifty milligrams of morphine per one
hundred milliliters or per one
active, nonnarcotic ingredients in recognized therapeutic amounts.
Any anabolic steroid, which shall include any
material, compound, mixture, or preparation containing any quantity
of the following substances,
including
isomers,
salts of isomers whenever the existence of such salts of isomers is
possible within the specific chemical designation: (1) Boldenone;
(2) chlorotestosterone (4-chlortestosterone);
clostebol;
dehydrochlormethyltestosterone;
dihydrotestosterone
(4-dihydrotestosterone); (6) drostanolone; (7)
ethylestrenol;
fluoxymesterone; (9) formebulone (formebolone); (10) mesterolone;
(11) methandienone; (12) methandranone; (13) methandriol; (14)
methandrostenolone; (15) methenolone; (16) methyltestosterone; (17)
mibolerone;
nandrolone;
norethandrolone;
oxandrolone; (21) oxymesterone; (22) oxymetholone; (23)
stanolone;
stanozolol;
testolactone;
testosterone;
trenbolone; and (28) any salt, ester, or isomer of a drug or
substance described or listed in
subdivision
ester, or isomer promotes muscle growth.
Schedule IV
(a) Any material, compound, mixture, or preparation which
contains
any quantity of the following substances, including their
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) Barbital; (2) chloral betaine;
(3) chloral hydrate; (4) chlordiazepoxide, but not including librax
(chlordiazepoxide hydrochloride and clindinium bromide) or
(chlordiazepoxide and water soluble esterified estrogens); (5)
clonazepam; (6) clorazepate; (7) diazepam; (8)
ethchlorvynol;
ethinamate; (10) flurazepam; (11) mebutamate; (12) meprobamate;
(13) methohexital; (14) methylphenobarbital;
oxazepam;
paraldehyde;
(17) petrichloral; (18) phenobarbital; (19) prazepam;
(20) alprazolam; (21) bromazepam; (22)
camazepam;
clobazam;
clotiazepam;
cloxazolam;
delorazepam;
estazolam; (28) ethyl
loflazepate;
fludiazepam;
flunitrazepam; (31) halazepam; (32) haloxazolam; (33) ketazolam;
(34) loprazolam; (35) lorazepam; (36) lormetazepam; (37) medazepam;
(38) nimetazepam; (39) nitrazepam; (40) nordiazepam; (41) oxazolam;
(42) pinazepam; (43) temazepam; (44)
tetrazepam;
triazolam;
(46) midazolam; (47) quazepam; and (48) zolpidem.
(b) Any material, compound, mixture, or preparation which
contains any quantity of the following substance, including its
salts, isomers, whether optical, position, or geometric, and
of such isomers, whenever the existence of such salts, isomers, and
salts of isomers is possible: Fenfluramine.
(c) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture,
preparation
which contains any quantity of the following substances having a
stimulant effect on the central
including
isomers, whether optical, position, or geometric, and salts
of such isomers whenever the existence of such salts, isomers,
possible
specific
chemical
designation: (1) Diethylpropion;
phentermine;
pemoline,
including
organometallic
complexes
chelates
thereof;
mazindol;
pipradrol;
SPA,((-)-1-dimethylamino-1,2-diphenylethane); (7) cathine.
for cathine is ((+)-norpseudoephedrine); (8) fencamfamin; (9)
fenproporex; and (10) mefenorex.
(d) Unless specifically
excepted
another schedule, any material, compound, mixture, or preparation
which contains any quantity of the
following
narcotic
their salts or isomers calculated as the free anhydrous base or
alkaloid, in limited quantities as set forth below:
Propoxyphene;
and (2) not more than one milligram of difenoxin and
not less than twenty-five micrograms of atropine sulfate per dosage
(e) Unless specifically
excepted
another schedule, any material, compound, mixture, or preparation
which contains any quantity of the following
substance,
including
its salts: Pentazocine.
(f) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture,
preparation
which contains any quantity of the following substance, including
its salts, isomers, and salts of such isomers: Butorphanol.
(g)(1) Unless specifically excepted or unless
another schedule, any material, compound, mixture, or preparation
which contains any quantity of the following
substance,
including
its salts, optical isomers, and salts of such optical isomers:
Ephedrine.
(2) The following drug products containing ephedrine, its
salts, optical isomers, and
excepted from subdivision (g)(1) of Schedule IV if they may
lawfully be sold over the counter without a prescription under
Federal Food, Drug, and Cosmetic Act; are labeled and marketed in a
manner consistent with the pertinent OTC Tentative Final or Final
Monograph; are manufactured and
distributed
legitimate
medicinal use in a manner that reduces or eliminates the likelihood
of abuse; and are not marketed, advertised, or labeled for the
indication of stimulation, mental alertness,
enhancement, appetite control, or energy:
(A) Solid oral dosage forms, including soft gelatin
capsules, that combine active ingredients in the
following
for each dosage unit:
(i) Not less than one hundred milligrams nor more than
one hundred thirty milligrams of theophylline
five-tenths
milligrams
twenty-four
milligrams of ephedrine;
(ii) Not less than sixty milligrams
hundred milligrams of theophylline, not less than twelve and
five-tenths milligrams nor
twenty-four
milligrams
ephedrine, and not less than two hundred milligrams nor more than
four hundred milligrams of guaifenesin;
(iii) Not less than twelve and five-tenths milligrams nor
more than twenty-five milligrams of ephedrine and not less than two
hundred milligrams nor more than four hundred milligrams of
guaifenesin; and
(iv) Not more than eight milligrams of phenobarbital in
combination with the ingredients
subdivision
(g)(2)(A)(i)
(g)(2)(A)(ii) of Schedule IV;
ingredients in the following ranges for each five-milliliter dose:
(i) Not more than forty-five milligrams of
theophylline,
not more than thirty-six milligrams of ephedrine, not more than one
hundred milligrams of guaifenesin, and not more than twelve
milligrams of phenobarbital; and
(ii) Not more than five milligrams of phenylephrine,
milligrams
ephedrine,
milligrams of chlorpheniramine, not more
milligrams
dextromethorphan, not more than forty milligrams of ammonium
chloride, and not more than five one-thousandths of a milligram
ipecac fluid extract; and
(C) Anorectal preparations containing less than five
percent ephedrine.
Schedule V
(a) Unless specifically
excepted
another schedule, any material, compound, mixture, or preparation
containing any of the following narcotic drug and its salts:
Buprenorphine.
Any compound, mixture, or preparation containing any
of the following limited quantities
narcotic
calculated as the free anhydrous base or alkaloid, which shall
include one or more nonnarcotic
medicinal
ingredients
sufficient proportion to confer upon the compound, mixture, or
preparation valuable medicinal qualities other than those possessed
by the narcotic drug alone:
(1) Not more than two hundred milligrams of
one hundred milliliters or per one hundred grams;
milligrams
dihydrocodeine per one
milliliters
(3) Not more than one hundred milligrams of ethylmorphine
per one hundred milliliters or per one hundred grams;
(4) Not more than two and five-tenths milligrams of
diphenoxylate and not less than twenty-five micrograms of
atropine
sulfate per dosage unit;
(5) Not more than one hundred milligrams of opium per one
hundred milliliters or per one hundred grams; and
Not more than five-tenths milligram of difenoxin and
not less than twenty-five micrograms of atropine sulfate per dosage
81-2,147.06,
Statutes
Supplement, 1998, is amended to read:
81-2,147.06.
(1) The duty of enforcing the Nebraska Seed
Law and carrying out such law and requirements shall be vested in
the director.
It shall be the duty of the director:
(a) To sample, inspect, make analysis of, and test
agricultural, vegetable, and flower seed sold within this state for
purposes at such time and place and to such extent as he or
she may deem necessary
determine
agricultural,
vegetable, or flower seed is in compliance with the Nebraska Seed
Law and to notify promptly the persons who sold
violation;
(b) To adopt and promulgate rules and regulations in
compliance with the
Administrative
Procedure
specifically authorized in the Nebraska Seed Law governing the
method of sampling, inspecting, analyzing, testing,
examining
agricultural, vegetable, and flower seed and the tolerances to be
followed in the administration
general accord with officially prescribed practice in interstate
commerce, and such other rules and regulations as may be
necessary
to secure the efficient enforcement and full intent of such law;
(c) To adopt and promulgate rules and regulations in
compliance with the
Administrative
Procedure
subtracting
prohibited noxious weed seeds list, and the restricted noxious weed
seeds list, as defined in section 81-2,147.01, whenever the
director finds that a noxious weed seed should or should not be
within one of these
Industrial
(cannabis
_________________________________________
three-tenths
___________________________________________________________________
tetrahydrocannabinol shall not be
designated
___________________________________________________________________
(d) To adopt and promulgate rules and regulations in
compliance with the Administrative Procedure Act establishing
reasonable standards of germination for agricultural, vegetable,
and flower seed; and
(e) To adopt and promulgate rules and regulations in
compliance with the Administrative Procedure Act to establish,
to, or subtract from the seeds listed in subdivision (2)(i) of
section 81-2,147.02 and for which the tetrazolium (TZ) test may
employed as the official test to indicate the potential viability
of the seed.
(2) For the purpose of carrying out the law, the director
(a) Enter upon any
premises
regular business hours in order to have access to seeds and the
records connected with such seeds subject to the law and the
and regulations adopted and promulgated under such law and enter
any truck or other conveyor by land, water, or air at any time when
the conveyor is accessible for the same purpose;
(b) Issue and enforce
stop-sale
order to the owner or custodian of any lot of agricultural,
vegetable, or flower seed which the director finds is in
violation
of any of the provisions of the law or rules and regulations
adopted and promulgated under such law, which order shall
prohibit
further sale, conditioning, and movement of such seed, except on
approval of the enforcing officer, until such officer has
evidence
that the law has been complied with and he or she has issued a
release from the stop-sale order of such seed.
seed which has been denied sale, conditioning, or movement as
provided in this subdivision, the owner or custodian of
shall have the right to appeal from such order in accordance with
the Administrative Procedure Act, praying for a judgment as to
justification of such order and for the discharge of such seed from
the order prohibiting the sale, conditioning, or movement in
accordance with the findings of the court.
This subdivision
not be construed as limiting the right of the director to proceed
as authorized by other sections of the law;
(c) Establish and maintain or make
provision
seed-testing facilities, employ qualified persons, and incur such
expenses as may be necessary to comply with the law
regulations adopted and promulgated under the law;
(d) Make or provide for making purity, weed seed,
tetrazolium (TZ), germination, and other tests of
established in rules and regulations and recommended by rule of the
Association of Official Seed Analysts for persons on request, adopt
and promulgate rules and regulations in compliance with the
Administrative Procedure Act governing such testing,
charges for the tests made, which charges shall not exceed
the cost of such tests.
All fees shall be remitted
treasury and by the State Treasurer placed in the Nebraska Seed
Administrative Cash Fund;
(e) Cooperate with the United States Department of
Agriculture and other agencies in seed law enforcement; and
(f) Cooperate and enter into agreements with any person
necessary to carry out the purpose of the law.
Original sections 2-954,
Revised Statutes of Nebraska, section 81-2,147.06, Revised
Statutes Supplement, 1998, and sections 28-401 and 28-405,
Statutes Supplement, 1999, are repealed.

Source: http://www.industrialhemp.net/pdf/INTRO_LB1079.pdf