Notice of Public Hearing

Pursuant to subsection E of § 54.1-3443, the Board of Pharmacy is giving notice of a public hearing to consider placement of chemical substances in Schedule I of the Drug Control Act. The public hearing will be conducted at 9:07 a.m. on September 30, 2025. Instructions will be included in the agenda for the board meeting, also on September 30. Public comment may also be submitted electronically or in writing prior to September 30 to Caroline Juran, Executive Director of the Board of Pharmacy to caroline.juran@dhp.virginia.gov.

Pursuant to article § 54.1-3443(E), the following changes will be made to Schedule I to conform with federal scheduling action:

The Board will add to Schedule I:

a. Unless specifically exempted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of a fentanyl-related substance, or which contains the salts, isomers, and salts of isomers of a fentanyl-related substance whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

b. For purposes of subsection a, except as provided in subsection c, the term "fentanyl-related substance" means any substance that is structurally related to fentanyl by one or more of the following modifications:

(1) By replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle.

(2) By substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups.

(3) By substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups.

(4) By replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle.

(5) By replacement of the N-propionyl group with another acyl group.

c. A substance that satisfies the definition of the term "fentanyl-related substance" in subsection b shall not be treated as a fentanyl-related substance subject to this schedule if the substance is expressly listed in a schedule other than this schedule.

d. The absence of a substance from Schedule I in the Drug Control Act or regulation does not negate the control status of the substance under this schedule if the substance satisfies the definition of the term "fentanyl-related substance" in subsection b and does not meet the exception requirement of subsection c.