Budget Amendment ID: FY2013-S4-684
EHS 684
Emergency scheduling powers
Mr. Keenan moved that the proposed new text be amended by adding a new section:
SECTION XX: Section 2 of Chapter 94C of the General Laws is hereby amended by adding the following subsection:
(e) (1) If the Commissioner finds that the scheduling of a drug or substance on a temporary basis is necessary to avoid an imminent hazard to the public safety and is necessary for the preservation of the public health, safety or general welfare, the Commissioner may, by order and without regard to the requirements of this section, schedule such substance in schedule I if the substance is not listed in any other schedule in section 3 of this chapter or if no exception is in effect for the substance under section 4 of this chapter.
(2) When issuing an order under paragraph (1), the Commissioner shall be required to consider, with respect to the finding of an imminent hazard to the public safety, those factors set forth in subsection (b) of this section and, relative to each drug or substance, its actual abuse, diversion from legitimate channels, and clandestine importation, manufacture, or distribution.
(3) An order issued under paragraph (1) shall be considered an emergency regulation and subject to the provisions of section 3 of chapter thirty A and shall remain in effect in accordance with the provisions of said section.
(4) An order issued under paragraph (1) is not subject to judicial review.
(5) Upon issuing an order under paragraph (1), the Commissioner shall forward a copy of said order to the Chairs of the Joint Committee on Public Health.
(6) Upon issuing an order under paragraph (1), the Commissioner shall forward a copy of said order to the United States Attorney General for purposes of requesting that the Attorney General temporarily schedule, in accordance with the provisions of the Title 21 United States Code Controlled Substances Act, and or 21 USC 811(h), the drug or substance which is the subject of the Commissioner’s order .