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The 191st General Court of the Commonwealth of Massachusetts

Section 2A: Temporary placement of substance in schedule I

Section 2A. (a) Notwithstanding section 2, the commissioner may, by order, place a substance in schedule I on a temporary basis if the commissioner finds: (i) it is necessary to avoid an imminent hazard to the public safety; (ii) it is necessary for the preservation of the public health, safety or general welfare; (iii) the substance is not listed in any other schedule identified in section 3; (iv) no exception is in effect for the substance pursuant to section 4; and (v) the substance is not excluded under subsection (c) of section 2.

(b) Prior to finding that a substance is an imminent hazard to the public safety under clause (i) of subsection (a), the commissioner shall consider the substance's actual or relative potential for abuse and its history and current patterns of abuse.

(c) An order issued under subsection (a) shall be an emergency regulation and subject to section 3 of chapter 30A; provided, however, that: (i) no further approval by designated persons or bodies, as referenced in said section 3 of said chapter 30A, shall be required before the emergency regulation becomes effective; and (ii) the emergency regulation may remain in effect for up to 1 year.

(d) An order issued under subsection (a) shall take effect upon the completion of a 14–day notice period. For the purposes of this section, the notice period shall begin when the order is published on the department of public health's website, or by any other means the commissioner may deem necessary. The commissioner shall forward a copy of the order to all acute inpatient hospitals in the commonwealth, in a form and manner to be determined by the commissioner, to disseminate information regarding the dangers of the substance.

(e) Upon issuing an order under subsection (a), the commissioner shall forward a copy of the order to the chairs of the joint committee on public health.

(f) Upon issuing an order under subsection (a), the commissioner shall forward a copy of the order to the attorney general of the United States to request that the attorney general temporarily place the substance in schedule I under the Controlled Substances Act, 21 U.S.C. section 811(h).

(g) Upon issuing an order under subsection (a), the commissioner shall forward a copy of the order to all local and regional boards of health, with guidance that possession or distribution of the substance by any food, retail or other commercial establishment shall constitute an imminent health hazard. While the order is in effect, a board of health or an authorized agent, the local inspection department or the equivalent, or a municipal government or its agent may, pursuant to section 30 of chapter 111 and any regulation promulgated pursuant thereto, take any enforcement action consistent with a finding of an imminent health hazard, up to and including summary suspension of a municipal license or permit held by the establishment including, but not limited to, a permit to operate.