§63-2-201.

§63-2-201.
   
   A. The Commissioner shall administer the provisions of this act except
   as otherwise provided.
   
   B. The Board of Pharmacy by rule may classify new products determined
   to have a potential for abuse as controlled dangerous substances after
   notice and hearing; provided that such rule shall be submitted to the
   next regular session of the Legislature, and such rule shall remain in
   force and effect unless a concurrent resolution of disapproval is
   passed. Hearings shall be conducted by the Board of Pharmacy or such
   officers, agents or employees as the Board of Pharmacy may designate
   for the purpose. The Board of Pharmacy shall give appropriate notice
   of the proposed classification and of the time and place for a
   hearing. The rule so promulgated shall become effective on a date
   fixed by the Board of Pharmacy. Such rule may be amended or repealed
   in the same manner as provided for its adoption. Proceedings pursuant
   to this subsection shall be governed by the Administrative Procedures
   Act. A new substance controlled pursuant to this subsection shall be
   subject to the same regulatory provisions of this act applicable to
   the Schedule of substances to which it is classified.
   
   C. The Commissioner may recommend to the Legislature the addition,
   deletion or rescheduling of a substance.
   
   D. In considering whether to make a recommendation or issue an order
   under this section, the Commissioner or the Board of Pharmacy, as the
   case may be, shall consider the following:
   
   1. Its actual or relative potential for abuse;
   
   2. Scientific evidence of its pharmacological effect, if known;
   
   3. State of current scientific knowledge regarding the substance;
   
   4. Its history and current pattern of abuse;
   
   5. The scope, duration, and significance of abuse;
   
   6. What, if any, risk there is to the public health;
   
   7. Its psychic or physiological dependence liability; and
   
   8. Whether the substance is an immediate precursor or principal
   compound of a substance already controlled under this article.
   
   E. Substances which are precursors of a controlled precursor shall not
   be subject to control solely because they are precursors of the
   controlled precursor.
   
   F. In addition to the filing requirements of the Administrative
   Procedures Act, copies of orders issued under this section shall,
   during the time the Legislature is not in session, be filed with the
   Chairman and Vice Chairman of the State Legislative Council's
   Judiciary Committee.
   
   G. The Board of Pharmacy shall exclude any nonnarcotic substance from
   a schedule if such substance may, under the Federal Food, Drug and
   Cosmetic Act and the law of this state; be lawfully sold over the
   counter without a prescription.