(a) Schedule III shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.
(b) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, (whether optical or geometric), and salts of such isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) Those compounds, mixtures, or preparations in dosage unit form containing any stimulant substances listed in schedule II which compounds, mixtures, or preparations were listed as excepted compounds under 21 C.F.R. § 1308.32, and any other drug of the quantitative composition shown in that list for those drugs or which is the same except that it contains a lesser quantity of controlled substances.
criminal case

Ask a criminal law question, get an answer ASAP!
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Idaho Code 37-2709

  • Board: means the state board of pharmacy created in chapter 17, title 54, Idaho Code, or its successor agency. See Idaho Code 37-2701
  • Dispense: means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the packaging, labeling, or compounding necessary to prepare the substance for that delivery. See Idaho Code 37-2701
  • Drug: means : (1) substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; (2) substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or animals; (3) substances, other than food, intended to affect the structure or any function of the body of man or animals; and (4) substances intended for use as a component of any article specified in clause (1), (2), or (3) of this subsection. See Idaho Code 37-2701
  • Isomer: means the optical isomer, except as used in section 37-2705(d), Idaho Code. See Idaho Code 37-2701
  • Manufacture: means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, and includes extraction, directly or indirectly, from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance:
Idaho Code 37-2701
  • Person: means individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Idaho Code 37-2701
  • Prescribe: means a direction or authorization permitting an ultimate user to lawfully obtain or be administered controlled substances. See Idaho Code 37-2701
    • (2) Benzphetamine;
    (3) Chlorphentermine;
    (4) Clortermine;
    (5) Phendimetrazine.
    (c) Depressants. 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:
    (1) Any compound, mixture or preparation containing:
    i. Amobarbital;
    ii. Secobarbital;
    iii. Pentobarbital or any salt thereof and one (1) or more other active medicinal ingredients which are not listed in any schedule.
    (2) Any suppository dosage form containing:
    i. Amobarbital;
    ii. Secobarbital;
    iii. Pentobarbital or any salt of any of these drugs and approved by the Food and Drug Administration for marketing only as a suppository.
    (3) Any substance which contains any quantity of a derivative of barbituric acid or any salt thereof, including, but not limited to:
    i. Aprobarbital;
    ii. Butabarbital (secbutabarbital);
    iii. Butalbital, excluding drug products exempted by the federal drug enforcement administration (DEA);
    iv. Butobarbital (butethal);
    v. Talbutal;
    vi. Thiamylal;
    vii. Thiopental;
    viii. Vinbarbital.
    (4) Chlorhexadol;
    (5) Embutramide;
    (6) Any drug product containing gamma hydroxybutyric acid, including its salts, isomers, and salts of isomers, for which an application is approved under section 505 of the federal food, drug, and cosmetic act;
    (7) Ketamine, its salts, isomers, and salts of isomers-7285. (Some other names for ketamine: (+/-)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone).
    (8) Lysergic acid;
    (9) Lysergic acid amide;
    (10) Methyprylon;
    (11) Perampanel, and its salts, isomers and salts of isomers;
    (12) Sulfondiethylmethane;
    (13) Sulfonethylmethane;
    (14) Sulfonmethane;
    (15) Tiletamine and zolazepam or any salt thereof.
    (d) Nalorphine.
    (e) Narcotic drugs. Unless specifically excepted or unless listed in another schedule:
    (1) Any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof:
    (i) 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;
    (ii) 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 (1) or more active, nonnarcotic ingredients in recognized therapeutic amounts;
    (iii) 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 (1) or more active, nonnarcotic ingredients in recognized therapeutic amounts;
    (iv) 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 (1) or more ingredients in recognized therapeutic amounts;
    (v) 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 (1) or more active, nonnarcotic ingredients in recognized therapeutic amounts;
    (vi) Not more than 50 milligrams of morphine, or any of its salts, per 100 milliliters or per 100 grams with one (1) or more active, nonnarcotic ingredients in recognized therapeutic amounts.
    (2) Any material, compound, mixture, or preparation containing any of the following narcotic drugs or their salts, as set forth below:
    (i) Buprenorphine.
    (ii) [Reserved].
    (f) Anabolic steroids and human growth hormones. Any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins and corticosteroids) that promotes muscle growth including any salt, ester or isomer of a drug or substance listed in this subsection, if that salt, ester or isomer promotes muscle growth.
    (1) 13beta-ethyl-17beta-hydroxygon-4-en-3-one;
    (2) 17alpha-methyl-3alpha, 17beta-dihydroxy-5alpha-androstane;
    (3) 17alpha-methyl-3beta, 17beta-dihydroxy-5alpha-androstane;
    (4) 17alpha-methyl-3beta, 17beta-dihydroxyandrost-4-ene;
    (5) 17alpha-methyl-4-hydroxynandrolone;
    (6) 17alpha-methyl-delta1-dihydrotestosterone;
    (7) 19-nor-4-androstenediol;
    (8) 19-nor-4-androstenedione;
    (9) 19-nor-4,9(10)-androstadienedione;
    (10) 19-nor-5-androstenediol;
    (11) 19-nor-5-androstenedione;
    (12) 1-androstenediol;
    (13) 1-androstenedione;
    (14) 3alpha,17beta-dihydroxy-5alpha-androstane;
    (15) 3beta,17beta-dihydroxy-5alpha-androstane;
    (16) 4-androstenediol;
    (17) 4-androstenedione;
    (18) 4-hydroxy-19-nortestosterone;
    (19) 4-hydroxytestosterone;
    (20) 5-androstenediol;
    (21) 5-androstenedione;
    (22) Androstenedione;
    (23) Bolasterone;
    (24) Boldenone;
    (25) Boldione;
    (26) Calusterone;
    (27) Chlorotestosterone (4-chlorotestosterone);
    (28) Clostebol;
    (29) Dehydrochlormethyltestosterone;
    (30) Delta1-dihydrotestosterone;
    (31) Desoxymethyltestosterone;
    (32) Dihydrotestosterone (4-dihydrotestosterone);
    (33) Drostanolone;
    (34) Ethylestrenol;
    (35) Fluoxymesterone;
    (36) Formebulone;
    (37) Furazabol;
    (38) Human growth hormones;
    (39) Mestanolone;
    (40) Mesterolone;
    (41) Methandienone;
    (42) Methandranone;
    (43) Methandriol;
    (44) Methandrostenolone;
    (45) Methasterone (2a, 17a-dimethyl-5a-androstan-17?-ol-3-one);
    (46) Methenolone;
    (47) Methyldienolone;
    (48) Methyltestosterone;
    (49) Methyltrienolone;
    (50) Mibolerone;
    (51) Nandrolone;
    (52) Norbolethone;
    (53) Norclostebol;
    (54) Norethandrolone;
    (55) Normethandrolone;
    (56) Oxandrolone;
    (57) Oxymesterone;
    (58) Oxymetholone;
    (59) Prostanozol (17?-hydroxy-5a-androstano[3,2-c]pyrazole);
    (60) Stanolone;
    (61) Stanozolol;
    (62) Stenbolone;
    (63) Testolactone;
    (64) Testosterone;
    (65) Testosterone cypionate;
    (66) Testosterone enanthate;
    (67) Testosterone propionate;
    (68) Tetrahydrogestrinone;
    (69) Trenbolone.
    Anabolic steroids that are expressly intended for administration through implants or injection to cattle or other nonhuman species, and that are approved by the federal Food and Drug Administration for such use, shall not be classified as controlled substances under this act and shall not be governed by its provisions.
    In addition to the penalties prescribed in article IV of the uniform controlled substances act, any person shall be guilty of a felony who prescribes, dispenses, supplies, sells, delivers, manufactures or possesses with the intent to prescribe, dispense, supply, sell, deliver or manufacture anabolic steroids or any other human growth hormone for purposes of enhancing performance in an exercise, sport or game or hormonal manipulation intended to increase muscle mass, strength or weight without a medical necessity as determined by a physician.
    (g) Hallucinogenic substances.
    (1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in the federal Food and Drug Administration approved product — 7369. (Some other names for dronabinol: (6aR-trans) -6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo [b,d]pyran-1-ol or (-)-delta-9-(trans)-tetrahydrocannabinol).
    (h) The board may except by rule any compound, mixture, or preparation containing any stimulant or depressant substance listed in subsection (b) or (c) of this section from the application of all or any part of this act if the compound, mixture, or preparation contains one (1) 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 have a stimulant or depressant effect on the central nervous system.