Pursuant to subsection D 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 9:00 a.m. on March 25, 2016 at the Perimeter Center, 9960 Mayland Drive, Suite 201, Richmond, VA 23233.  Public comment may also be submitted electronically or in writing prior to March 23, 2016 to Caroline Juran, Executive Director of the Board of Pharmacy to caroline.juran@dhp.virginia.gov.

As specified in § 54.1-3443, the Virginia Department of Forensic Science (DFS) has identified six (6) compounds for recommended inclusion by the Board of Pharmacy into Schedule I in the Code of Virginia. A brief description and chemical name for each compound is as follows:

1. N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-butanamide (other name: butyryl fentanyl)  

Butyryl fentanyl is a powerful synthetic opioid similar in structure to fentanyl and has been identified in DFS laboratories. Butyryl fentanyl has not been approved for medical use in the United States. DFS recommends placing butyryl fentanyl into Schedule I (§ 54.1-3446(6)).

1. Flubromazolam

Flubromazolam is classified as a benzodiazepine which is a central nervous system depressant. Flubromazolam has been identified in DFS laboratories found on blotter paper and candy. Other drugs of this type have been placed in Schedule I (§ 54.1-3446(4)).

1. 5-methoxy-N,N-methylisopropyltryptamine (Other name: 5-MeO-MIPT)

5-MeO-MIPT is classified as a research chemical and has been identified in DFS laboratories. 5-MeO-MIPT is similar in structure to 5-MeO-DIPT which is currently a schedule I compound. Drugs of this type have been placed in Schedule I (§ 54.1-3446(3)) in previous legislative sessions.

1. N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-[(4-fluorophenyl)methyl]-1H-indazole-3-carboxamide (Other name: ADB-FUBINACA)

ADB-FUBINACA is classified as a cannabimimetic agent, and has been identified in DFS laboratories. Other drugs of this type have been placed in Schedule I (§ 54.1-3446(7)(b)) in previous legislative sessions.

1. Methyl 2-[1-[(4-fluorophenyl)methyl]-1H-indazole-3-carboxamido]-3,3-dimethylbutanoate

(Other name: MDMB-FUBINACA)

MDMB-FUBINACA is classified as a cannabimimetic agent, and has been identified in DFS laboratories. Other drugs of this type have been placed in Schedule I (§ 54.1-3446(7)(b)) in previous legislative sessions.

1. Methyl 2-[1-(5-fluoropentyl)-1H-indazole-3-carboxamido]-3,3-dimethylbutanoate

(Other names: 5-fluoro-ADB, 5-Fluoro-MDMB-PINACA)

5-fluoro-ADB is classified as a cannabimimetic agent and has been identified in DFS laboratories. Other drugs of this type have been placed in Schedule I (§ 54.1-3446(7)(b)) in previous legislative sessions.

If approved by the Board of Pharmacy, the placement of these substances in Schedule I in the Virginia Drug Control Act shall remain in effect for a period of 18 months from the date of Board action and shall then be de-scheduled unless the Drug Control Act is amended by enactment of legislation by the General Assembly.