FSMC, TITLE 11.  CRIMES

CHAPTER 11
Controlled Substances

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SUBCHAPTER II
Standards and Schedules

SECTIONS

§ 1116. Reports and recommendations by director to Congress; Amendment of schedule by Congress.
§ 1117. Nomenclature.
§ 1118. Schedule I—Criteria for classification.
§ 1119. Schedule I—Designated.
§ 1120. Schedule II—Criteria for classification.
§ 1121. Schedule II—Designated.
§ 1122. Schedule III—Criteria for classification.
§ 1123. Schedule III—Designated.
§ 1124. Schedule IV—Criteria for classification.
§ 1125. Schedule IV—Designated.
§ 1126. Schedule V—Criteria for classification.
§ 1127. Schedule V—Designated.
§ 1128. Annual revision and republication of schedules.

§ 1116. Reports and recommendations by director to Congress; Amendment of schedule by Congress.

(1) Annually, upon the convening of each annual session of the Congress of Micronesia, the director shall report to the Congress of Micronesia the effects of the implementation of this chapter in relation to the problems of drug abuse in the Trust Territory, and shall recommend to the Congress of Micronesia any additions, deletions or revisions in the schedules of substances enumerated in sections 1119, 1121, 1123, 1125, and 1127 of this chapter, and any other recommendations which he deems necessary. The director shall not recommend any additions, deletions or revisions in such schedules until after notice and an opportunity for a hearing is afforded all interested parties, except such hearing shall not be required if official notice has been received that the substance has been added, deleted, or rescheduled as a controlled substance under Federal law. In making a determination regarding a substance, the director shall assess the degree of danger or probable danger of the substance by considering the following:

(a) the actual or probable abuse of the substance including:

(i) its history and current pattern of abuse;

(ii) the scope, duration and significance of abuse; and

(iii) a judgment of the degree of actual or probable detriment which may result from the abuse of the substance.

(b) The biomedical hazard of the substance including:

(i) its pharmacology: the effects and modifiers of effects of the substance;

(ii) its toxicology: the acute and chronic toxicity, interaction with other substances whether controlled or not, and liability to psychic or physiological dependence;

(iii) risk to public health and particular susceptibility of segments of the population; and

(iv) existence of therapeutic alternatives for substances which are or may be used for medical purposes.

(c) a judgment of the probable physical and social impact of widespread abuse of the substance.

(d) whether the substance is an immediate precursor of a substance already controlled under this chapter.

(e) the current state of scientific knowledge regarding the substance.

(2) After considering the factors enumerated above, the director shall make a recommendation to the Congress of Micronesia, specifying to what schedule the substance shall be added, deleted or rescheduled if it finds that the substance has a degree of danger or probable danger. The director may make such recommendation to the Congress of Micronesia prior to the submission of its annual report in which case the director shall publish and give notice to the public of such recommendation.

(3) The Congress of Micronesia has the sole authority to add, delete, or reschedule all substances enumerated in the schedules in sections 1119, 1121, 1123, 1125, and 1127 of this chapter.

(4) If the Congress of Micronesia designates a substance as an immediate precursor, substances which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.

(5) If a substance is added, deleted or rescheduled as a controlled substance under Federal law and notice of the designation is given to the director, the director shall recommend that a corresponding change in Trust Territory law be made by the Congress of Micronesia, unless the director objects to the change. In that case, the director shall publish the reasons for objection and afford all interested parties an opportunity to be heard. Following the hearing, the director shall announce his decision and shall notify the Congress of Micronesia in writing of the change in Federal law or regulations and of the director's recommendations.

Source: COM PL 5-110 § 256; TT Code 1980, 63 TTC 256.

§ 1117. Nomenclature.

The following schedules include the controlled substances listed or to be listed by whatever official name, common or usual name, chemical name, or trade name designated.

Source: COM PL 5-110 § 257; TT Code 1980, 63 TTC 257.

§ 1118. Schedule I—Criteria for classification.

The director in his recommendation shall place a substance in schedule I if he finds that the substance:

(1) has a high potential for abuse; and

(2) has no accepted medical use in treatment in the United States, or lacks accepted safety for use in treatment under medical supervision.

Source: COM PL 5-110 § 258; TT Code 1980, 63 TTC 258.

§ 1119. Schedule I—Designated.

The controlled substances listed in this section are included in schedule I:

(1) any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation:

(a) acetylmethadol,

(b) allylprodine,

(c) alphacetylmethadol,

(d) alphameprodine,

(e) alphamethadol,

(f) bensethidine,

(g) betacetylmethadol,

(h) betameprodine,

(i) betamethadol,

(j) betaprodine,

(k) clonitazene,

(l) dextromoramide,

(m) dextrorphan,

(n) diampromide,

(o) diethyliambutene,

(p) dimenoxadol,

(q) dimepheptanol,

(r) dimethylthiambutene,

(s) dioxaphetylbutyrate,

(t) dipipanone,

(u) ethylmethylthiambutene,

(v) etonitazene,

(w) etoxeridine,

(x) furethidine,

(y) hydroxpethidine,

(z) ketobemidone,

(aa) lavomoramide,

(bb) levophenacylmorphan,

(cc) morpheridine,

(dd) noracymethadol,

(ee) norlevorphanol,

(ff) normethadone,

(gg) norpipanone,

(hh) phenadoxone,

(ii) phenampromide,

(jj) phenomorphan,

(kk) phenoperidine,

(ll) piritramide,

(mm) proheptazine,

(nn) properidine,

(oo) propiram,

(pp) racemoramide, and

(qq) trimeperidine;

(2) any of the following opium derivatives, their salts, 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:

(a) acetorphine,

(b) acetyldihydrocodeine,

(c) benzylmorphine,

(d) codeine methylbromide,

(e) codeine-N-Oxide,

(f) cyprenorphine,

(g) desoporphine,

(h) dihydromorphine,

(i) drotebanol,

(j) etorphine (except hydrochloride salt),

(k) heroin,

(l) hydromorphinol,

(m) methyldesorphine,

(n) methyldihydromorphine,

(o) morphine methylbromide,

(p) morphine methylsulfonate,

(q) morphine-N-Oxide,

(r) myrophine,

(s) nicocodeine,

(t) nicomorphine,

(u) normorphine,

(v) phoclodine, and

(w) thebacon;

(3) 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 salts of isomers is possible within the specific chemical designation:

(a) 2, 5 dimethoxyamphetamine (2, 5-DMA),

(b) 3, 4-methylenedioxyamphetamine,

(c) 5-methoxy-3, 4-methylenedioxyamphetamine,

(d) 4-bromo-2, 5 dimethoxyamphetamine (4-bromo-2, 5-DMA),

(e) 3, 4, 5-trimethoxyamphetamine,

(f) bufotenine,

(g) 4-methoxyamphetamine (PMA),

(h) diethyltryptamine,

(i) dimethyltryptamine,

(j) 4-methyl-2, 5-dimethoxylamphetamine,

(k) ibogaine,

(l) lysergic acid diethylamide,

(m) marihuana,

(n) mescaline,

(o) peyote,

(p) N-ethyl-3-piperidyl benzilate,

(q) N-methyl-3-piperidyl benzilate,

(r) psilocyn,

(s) psilocybin, and

(t) tetrahydrocannabinol.

Source: COM PL 5-110 § 259; TT Code 1980, 63 TTC 259.

Editor's note: Section 1119(1)(bb) contains a typographical error that has been corrected in this 1995 edition of this code. PL 5-110 shows "levophenacylmorphan"; the typographical error is in the 1982 code.

§ 1120. Schedule II—Criteria for classification.

The director in his recommendation shall place a substance in schedule II if he finds that:

(1) the substance has a high potential for abuse;

(2) the substance has currently accepted medical use with severe restrictions; and

(3) abuse of the substance may lead to severe psychic or physical dependence.

Source: COM PL 5-110 § 260; TT Code 1980, 63 TTC 260.

§ 1121. Schedule II—Designated.

The controlled substances listed in this section are included in schedule II:

(1) 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, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:

(a) opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate;

(b) any salt, compound, isomers, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (a) of this subsection, but not including the isoquinoline alkaloids of opium;

(c) opium poppy and poppy straw;

(d) coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions which do not include cocaine or ecgonine.

(2) any of the following opiates, including their immediate isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation:

(a) alphaprodine,

(b) anileridine,

(c) apomorphine,

(d) bezitramide,

(e) dihydrocodeine,

(f) diphenoxylate,

(g) fentanyl,

(h) isomethadone,

(i) levomethorphan,

(j) levorphanol,

(k) metazocine,

(l) methadone,

(m) methadone, intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane,

(n) methaqualone,

(o) moramide, intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid,

(p) pethidine,

(q) pethidine, intermediate, A, 4-cyano-1-methyl-4-phenylpiperidine,

(r) pethidine, intermediate, B, ethyl-4-phenylpiperidine; 4-carboxylate,

(s) pethidine, intermediate, C, 1-methyl-4-phenylpiperidine-4-carboxylic acid,

(t) phenazocine,

(u) piminodine,

(v) racemethorphan, and

(w) racemorphan;

(3) any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:

(a) amphetamine, its salts, optical isomers, and salts of its optical isomers;

(b) any substance which contains any quantity of methamphetamine, including its salts, isomers, and salts of isomers;

(c) any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:

(i) phenmetrazine and its salts;

(ii) methylphenidate.

Source: COM PL 5-110 § 261; TT Code 1980, 63 TTC 261.

§ 1122. Schedule III—Criteria for classification.

The director in his recommendation shall place a substance in schedule III if he finds that:

(1) the substance has a potential for abuse less than the substances listed in schedules I and II;

(2) the substance has currently accepted medical use in treatment in the United States; and

(3) abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.

Source: COM PL 5-110 § 262; TT Code 1980, 63 TTC 262.

§ 1123. Schedule III—Designated.

The controlled substances listed in this section are included in schedule III:

(1) unless listed in another schedule any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:

(a) any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, except those substances which are specifically listed in other schedules,

(b) benzphetamine,

(c) chlorhexadol,

(d) chlorphentermine,

(e) chlortermine,

(f) clutethimide,

(g) diethylpropion,

(h) lysergic acid,

(i) lysergic acid amide,

(j) mazindol,

(k) methyproylon,

(l) phencyclidine,

(m) phendimetrazine,

(n) phentermine,

(o) sulfondiethylmethane,

(p) sulfonethylmethane, and

(q) sulfonmethane;

(2) nalorphine;

(3) any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof:

(a) not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;

(b) not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts;

(c) not more than 300 milligrams of dihydrocodeinone, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium;

(d) not more than 300 milligrams of dihydrocodeinone, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts;

(e) not more than 1.8 grams of dihydrocodeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts;

(f) not more than 300 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts;

(g) not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active non-narcotic ingredients in recognized therapeutic amounts;

(h) not more than 50 milligrams of morphine, or any of its salts, per 100 milliliters or per 100 grams with one or more active, non-narcotic ingredients in recognized therapeutic amounts.

(4) The director may except by rule any compound, mixture, or preparation containing any stimulant or depressant substance listed in subsections (2) and (3) of this section from the application of all or any part of this chapter if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which do have a stimulant or depressant effect on the central nervous system.

Source: COM PL 5-110 § 263; TT Code 1980, 63 TTC 263.

§ 1124. Schedule IV—Criteria for classification.

The director in his recommendation shall place a substance in schedule IV if he finds that:

(1) the substance has a low potential for abuse relative to substances in schedule III;

(2) the substance has currently accepted medical use in treatment in the United States; and

(3) abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances listed in schedule III.

Source: COM PL 5-110 § 264; TT Code 1980, 63 TTC 264.

§ 1125. Schedule IV—Designated.

The controlled substances listed in this section are included in schedule IV:

(1) any material, compound, mixture, or preparation which contains any quantity of the following substances or salts thereof having a potential for abuse associated with a depressant effect on the central nervous system:

(a) barbital,

(b) chloral betaine,

(c) chloral hydrate,

(d) diethylpropion,

(e) ethchlorvynol,

(f) ethinamate,

(g) fenfluramine,

(h) methohexital,

(i) meprobamate,

(j) methylphenobarbital,

(k) paraldehyde,

(l) petrichloral, and

(m) phenobarbital;

(2) The director may except by rule any compound, mixture, or preparation containing any depressant substance listed in subsection (1) of this section from the application of all or any part of this chapter if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a depressant effect on the central nervous system.

Source: COM PL 5-110 § 265; TT Code 1980, 63 TTC 265.

§ 1126. Schedule V—Criteria for classification.

The director in his recommendation shall place a substance in schedule V if he finds that:

(1) the substance has a low potential for abuse relative to the controlled substances listed in schedule IV;

(2) the substance has currently accepted medical use in treatment in the United States; and

(3) the substance has limited physical dependence or psychological dependence liability relative to the controlled substances listed in schedule IV.

Source: COM PL 5-110 § 266; TT Code 1980, 63 TTC 266.

§ 1127. Schedule V—Designated.

The controlled substances listed in this section are included in schedule V:

(1) any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, which shall include one or more non-narcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone:

(a) not more than 200 milligrams of codeine, or any of its salts, per 100 milliliters or per 100 grams,

(b) not more than 100 milligrams of dihydrocodeine, or any of its salts, per 100 milliliters or per 100 grams,

(c) not more than 100 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or per 100 grams,

(d) not more than 2.5 milligrams of dephenoxylate, and not less than 25 micrograms of atropine sulfate per dosage unit,

(e) not more than 100 milligrams of opium per 100 milliliters or per 100 grams, or not more than five milligrams per dosage unit.

Source: COM PL 5-110 § 267; TT Code 1980, 63 TTC 267.

§ 1128. Annual revision and republication of schedules.

The director shall revise and republish the schedules annually and make them available to any registrant, law enforcement agency, or any member of the public desiring such list.

Source: COM PL 5-110 § 268; TT Code 1980, 63 TTC 268.