{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-2-201","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-2-201","heading":"Authority to control - Recommendations","body":"\n\nA. The Director shall administer the provisions of this act\n\nexcept as otherwise provided.\n\nB. The Board of Pharmacy by rule may classify new products\n\ndetermined to have a potential for abuse as controlled dangerous\n\nsubstances after notice and hearing; provided that such rule shall\n\nbe submitted to the next regular session of the Legislature, and\n\nsuch rule shall remain in force and effect unless a concurrent\n\nresolution of disapproval is passed. Hearings shall be conducted by\n\nthe Board of Pharmacy or such officers, agents or employees as the\n\nBoard of Pharmacy may designate for the purpose. The Board of\n\nPharmacy shall give appropriate notice of the proposed\n\nclassification and of the time and place for a hearing. The rule so\n\npromulgated shall become effective on a date fixed by the Board of\n\nPharmacy. Such rule may be amended or repealed in the same manner\n\nas provided for its adoption. Proceedings pursuant to this\n\nsubsection shall be governed by the Administrative Procedures Act.\n\nA new substance controlled pursuant to this subsection shall be\n\nsubject to the same regulatory provisions of this act applicable to\n\nthe Schedule of substances to which it is classified.\n\nC. The Director may recommend to the Legislature the addition,\n\ndeletion or rescheduling of a substance.\n\nD. In considering whether to make a recommendation or issue an\n\norder under this section, the Director or the Board of Pharmacy, as\n\nthe case may be, shall consider the following:\n\n1. Its actual or relative potential for abuse;\n\n2. Scientific evidence of its pharmacological effect, if known;\n\n3. State of current scientific knowledge regarding the\n\nsubstance;\n\n4. Its history and current pattern of abuse;\n\n5. The scope, duration, and significance of abuse;\n\n6. What, if any, risk there is to the public health;\n\n7. Its psychic or physiological dependence liability; and\n\n8. Whether the substance is an immediate precursor or principal\n\ncompound of a substance already controlled under this article.\n\nE. Substances which are precursors of a controlled precursor\n\nshall not be subject to control solely because they are precursors\n\nof the controlled precursor.\n\nF. In addition to the filing requirements of the Administrative\n\nProcedures Act, copies of orders issued under this section shall,\n\nduring the time the Legislature is not in session, be filed with the\n\nChair and Vice Chair of the State Legislative Council's Judiciary\n\nCommittee.\n\nG. The Board of Pharmacy shall exclude any nonnarcotic\n\nsubstance from a schedule if such substance may, under the Federal\n\nFood, Drug and Cosmetic Act and the law of this state, be lawfully\n\nsold over the counter without a prescription.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"e57866fccf8d16f2a16c71eaa602d4ae712948702b5f0552e5c9d4cbb31255d9","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-2-112","next":"us-ok/okla.-stat.-tit.-63-63-2-202"},"notice":"GroundRules: Original legal text. Not legal advice."}