(a) Schedule V 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) Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs and their salts, as set forth below:
(1) [Reserved]
(2) [Reserved]
(c) Narcotic drugs containing non-narcotic active medicinal ingredients. Any compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below, 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 narcotic drugs alone:
(1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams.
(2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams.
(3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams.
(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit.
(5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams.
(6) Not more than 0.5 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.
(d) Stimulants. Unless specifically exempted or excluded 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 and salts of isomers:
| (1) Pyrovalerone | 1485. |
| (2) [Reserved] | |
(e) Depressants. Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts:
| (1) Brivaracetam ((2S)-2-[(4R)-2-oxo-4-propylpyrrolidin-1-yl] butanamide) (also referred to as BRV; UCB-34714; Briviact) (including its salts) | 2710 |
| (2) Cenobamate ([(1R)-1-(2-chlorophenyl)-2-(tetrazol-2-yl)ethyl] carbamate; 2H-tetrazole-2-ethanol, alpha-(2-chlorophenyl)-, carbamate (ester), (alphaR)-; carbamic acid (R)-(+)-1-(2-chlorophenyl)-2-(2H-tetrazol-2-yl)ethyl ester) | 2720 |
| (3) Ezogabine [N-[2-amino-4-(4-fluorobenzylamino)-phenyl]-carbamic acid ethyl ester] | 2779 |
| (4) Ganaxolone (3α-hydroxy-3β-methyl-5α-pregnan-20-one) | 2401 |
| (5) Lacosamide [(R)-2-acetoamido-N-benzyl-3-methoxy-propionamide] | 2746 |
| (6) Lasmiditan [2,4,6-trifluoro-N-(6-(1-methylpiperidine-4-carbonyl)pyridine-2-yl-benzamide] | 2790 |
| (7) Pregabalin [(S)-3-(aminomethyl)-5-methylhexanoic acid] | 2782 |
Notes of Decisions
Cited in
8
cases (
3 in the last 5 years), 1982–2022 · leading case:
Coronado v. Holder, 759 F.3d 977 (9th Cir. 2014).
Coronado v. Holder, 759 F.3d 977 (9th Cir. 2014).
“14 Schedule V(§ 11058) generally 21 C.F.R. § 1308.15 CALIFORNIA FEDERAL § 11056(b)(5) 21 C.”
Raul Quijada Coronado v. Eric Holder, Jr., 747 F.3d 662 (9th Cir. 2014).
“14 Schedule V (§ 11058) generally 21 C.F.R. § 1308.15 *672 However, there are five substances that are enumerated in a different portion of California’s schedules than their federal counterpart: CALIFORNIA FEDERAL § 11056(b)(5) 21 C.”
United States v. Cameron Cannon, 36 F.4th 496 (3rd Cir. 2022).
“See 21 C.F.R. 1308.15(c)(1). Thus, their use would not violate Condition 1, but because they are nonetheless controlled substances, their use without a prescription would violate Condition 7(m).”
United States v. Michael Moreno, 870 F.3d 643 (7th Cir. 2017).
“But there are already around 65 specifically named drugs on the Drug Equivalency Table, so adding the five specifically named Schedule V substances, 21 C.F.R. § 1308.15 (d), (e), would not measurably increase the difficulty of the analysis.”
United States v. Shurtz, 510 F.3d 1242 (10th Cir. 2007).
“13 ; 21 C.F.R. § 1308.15 . Indications of quantity or effect are therefore necessary to determine in any particular case which schedule is applicable.”
Kieffer v. United States, 550 F. Supp. 101 (E.D. Mich. 1982).
“There are five references to Pentazocine in the Code of Federal Regulations, the most pertinent of which appears at 21 C.F.R. § 1308.15 (e), where it is classified a “Schedule IV” drug.”
United States v. Ramkissoon (Brathwaite) (2d Cir. 2021).
· cites it 2× “” 21 C.F.R. § 1308.15 . To the extent Brathwaite’s argument raises questions of law or sufficiency, our review is de novo, but we view the evidence in the light most favorable to the jury verdict.”
United States v. Cameron Cannon (3rd Cir. 2022).
“See 21 C.F.R. 1308.15(c)(1). Thus, their use would not violate Condition 1, but because they are nonetheless controlled substances, their use without a prescription would violate Condition 7(m).”
— 21 C.F.R. § 1308.15(c)(1) — 2 cases
United States v. Cameron Cannon, 36 F.4th 496 (3rd Cir. 2022).
“See 21 C.F.R. 1308.15(c)(1). Thus, their use would not violate Condition 1, but because they are nonetheless controlled substances, their use without a prescription would violate Condition 7(m).”
United States v. Cameron Cannon (3rd Cir. 2022).
“See 21 C.F.R. 1308.15(c)(1). Thus, their use would not violate Condition 1, but because they are nonetheless controlled substances, their use without a prescription would violate Condition 7(m).”
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