Drug testing of certain unemployment applicants

CLASSIFICATION
  EMPLOYMENT AND TRAINING ADMINISTRATION
                                                           Unemployment Compensation
                                                           CORRESPONDENCE SYMBOL
              ADVISORY SYSTEM
                                                           OUI/DL
         U.S. DEPARTMENT OF LABOR
                                                           DATE
            Washington, D.C. 20210
                                                           October 9, 2014

ADVISORY:              UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 1-15

TO:                    STATE WORKFORCE AGENCIES

FROM:                  GERRI FIALA /s/ for PORTIA WU
                       Assistant Secretary

SUBJECT:               Permissible Drug Testing of Certain Unemployment Compensation
                       Applicants Provided for in Title II, Subtitle A of the Middle Class Tax
                       Relief and Job Creation Act of 2012

1. Purpose. To provide guidance about permissible drug testing of certain unemployment
   compensation (UC) applicants.

2. References.

        •   Section 2105 of Pub. L. 112-96, the Middle Class Tax Relief and Job Creation Act of
            2012 (Act);
        •   Section 303 of the Social Security Act (SSA); and
        •   Federal-State Unemployment Compensation Program; Middle Class Tax Relief and
            Job Creation Act of 2012 Provision on Establishing Appropriate Occupations for
            Drug Testing of Unemployment Compensation Applicants; 79 FR 61013 (proposed
            October 9, 2014) (to be codified at 20 C.F.R. part 620).

3. Background. President Obama signed the Act on February 22, 2012. Section 2105 of the
   Act (Attachment I) adds subsection (l) to section 303, SSA, to permit states to test a UC
   applicant for the unlawful use of controlled substances (drugs) as an eligibility condition if the
   applicant:

        a. Was terminated from employment with his/her most recent employer (as defined
           under state law) because of the unlawful use of controlled substances; or

        b. Is an individual for whom suitable work (as defined under state law) is only available
           in an occupation that regularly conducts drug testing (as determined under regulations
           issued by the Secretary of Labor (Secretary)).

  These are the only circumstances under which a state is permitted to require applicants to take
  and pass a drug test as a condition of initial eligibility for UC. An applicant may, if state law
  provides, be denied UC based on a positive result of this drug test.

 RESCISSIONS                                                EXPIRATION DATE
 None                                                       Continuing
  This Unemployment Insurance Program Letter (UIPL) provides general guidance about these
  drug testing provisions, and specific guidance about the testing permitted by Section
  303(l)(1)(A)(i), SSA, for individuals who were terminated from employment with their most
  recent employer because of the unlawful use of controlled substances.

  As required by the Act, the U.S. Department of Labor (Department) will identify the
  occupations that regularly conduct drug testing in regulations. The Department has recently
  issued a Notice of Proposed Rulemaking seeking comment on a proposed list of such
  occupations. Further guidance on drug testing permitted by Section 303(l)(1)(A)(ii), SSA, for
  individuals for whom the only available “suitable work,” as defined in state law, is in an
  occupation that regularly conducts drug testing, will be issued after the final regulations
  identifying such occupations have been promulgated.

4. Discussion.

  a. Applicant. Section 303(l)(1)(A), SSA, limits testing to “an applicant for unemployment
  compensation.” As such, drug testing under either clause (i) or (ii) of Section 303(l)(1)(A),
  SSA, is permitted only when an individual submits an initial application for UC. Once
  individuals have applied for UC and have been determined eligible for UC, regardless of
  whether they have already taken and passed a drug test, states may not require them to submit
  to any further drug tests as a condition of continued eligibility for UC.

  b. Most Recent Employer. Section 303(l)(1)(A)(i), SSA, permits states to enact laws that
  provide for the drug testing of UC applicants who have been separated from their most recent
  employer because of the unlawful use of a controlled substance. The definition of the term
  “most recent employer” must be established in state law and be the same as the definition
  used for other UC purposes, such as when determining which employer is the separating or
  chargeable employer. Thus, if an employer is not “the most recent employer” under state law
  for purposes of adjudicating a separation from work, the state may not consider that employer
  as the most recent employer for purposes of determining whether the separation was for the
  illegal use of a controlled substance.

  While separations from other employers an individual worked for during the base period may
  (if state law so provides) be adjudicated to determine UC eligibility, state law may provide for
  drug testing of a UC applicant only if the individual separated from the most recent employer
  due to the unlawful use of controlled substances.

  It is important to note that this basis for drug testing is very limited because, in most cases,
  separation from employment due to illegal drug use in violation of an employer’s drug free
  workplace policy constitutes misconduct connected with work, which itself results in an
  individual being disqualified from receiving UC. Some states provide for a total denial of
  benefit rights for misconduct connected with work; in those states, there would be no reason
  to drug test as a condition of eligibility. Other states require an individual to work a specified
  period of time and earn a specified amount of wages before the individual can requalify for
  UC. If the individual later becomes unemployed and separation from the most recent
  employer was not due to the illegal use of a controlled substance, the state may not test the
                                                 2
individual for drug use as a condition of UC eligibility. In this case, the most recent employer
would be the employer for whom the individual performed services in order to purge the
disqualification. However, if state law provides for a fixed-period-of-time disqualification
and the individual performed no subsequent work, the state may test the individual for drug
use as a condition of eligibility when the individual reapplies for UC because the most recent
employer will not have changed.

c. Suitable Work. New section 303(l)(1)(A)(ii), SSA, permits drug testing of UC applicants
for whom “suitable work”, as defined under state law, is only available in an occupation that
regularly conducts drug testing, as determined under regulations issued by the Secretary.
States must use the same definition of “suitable work” under their law for UC applicant drug
testing purposes that they use for work search and refusal of work purposes when determining
eligibility for UC. Some states establish different definitions of suitable work depending on
how long individuals have been unemployed. Since drug testing is permissible only for
certain UC applicants, states must use the definition of suitable work that applies to
individuals who file initial claims.

d. Only Available. New section 303(l)(1)(A)(ii), SSA, permits drug testing of UC applicants
for whom suitable work, as defined under state law, is “only” available in an occupation that
regularly conducts drug testing, as determined under regulations issued by the Secretary. This
means that all work that is suitable for an individual must be in an occupation that regularly
conducts drug testing. If suitable work for an individual is available in any occupation for
which drug testing is not regularly conducted, that individual may not be subject to drug
testing under section 303(l)(1)(A)(ii), SSA. Additionally, in order for work in a specified
occupation to be available, there must be work in the local labor market for that specific
occupation.

e. Drug Testing Standard. New section 303(l)(2)(B), SSA, defines “controlled substance” by
reference to Section 102 of the Controlled Substances Act (21 U.S.C. 802). Therefore, states
may condition UC eligibility on passing tests under either clause (i) or (ii) of Section
303(l)(1)(A), SSA, only for substances that are identified in Section 102 of the Controlled
Substances Act. That section provides that “a ''controlled substance'' means a drug or other
substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of that
subchapter. The term does not include distilled spirits, wine, malt beverages, or tobacco, as
those terms are defined or used in subtitle E of the Internal Revenue Code of 1986.” The
current list of controlled substances is found at 21 U.S.C. 812 (Attachment II).

States that enact laws to drug test UC applicants must establish their own drug testing
programs. However, states may enter into a contract with an entity to conduct the drug tests
on behalf of the state. When conducting tests for illegal use of controlled substances, the state
must use a test that meets or exceeds the standards of the Mandatory Guidelines for Federal
Workplace Drug Testing Programs, published by the Substance Abuse and Mental Health
Services Administration (SAMHSA), or the U.S. Department of Transportation (DOT)
procedures. Those are the standards that the Federal government uses and are the standards
that most laboratories, and government or private-sector employers use when following the
provisions of the Drug Free Workplace Act. Tests that do not meet or exceed (i.e., have more
rigorous standards for sample collection, chain of custody, and other procedural requirements)
                                              3
the SAMHSA or DOT procedures may not be used to determine an individual’s eligibility for
UC. Additionally, any laboratory used by the state to conduct drug testing must meet all of
the requirements to be certified by SAMHSA under Subpart K of the Mandatory Guidelines
for Federal Workplace Drug Testing Programs. (See 73 FR71858 published on November 25,
2008.)

The Mandatory Guidelines for Federal Workplace Drug Testing Programs may be found
online at: http://www.gpo.gov/fdsys/pkg/FR-2008-11-25/pdf/E8-26726.pdf. Information
about DOT standards may be found online at: http://www.dot.gov/odapc/. All questions
regarding these standards should be directed to those agencies.

f. Cost of Drug Testing. Section 301, SSA, provides that the Federal government will provide
grants to the states for the administration of their UC laws. Section 303(a)(1), SSA, requires,
as a condition of a state receiving these administrative grants, that state law include provision
for “[s]uch methods of administration . . . as are found by the Secretary of Labor to be
reasonably calculated to insure full payment of unemployment compensation when due.”
These provisions of law have been historically interpreted to prohibit states from transferring
the cost of administering the UC program to unemployed workers because these costs may
inhibit individuals who may be eligible from filing a claim and receiving UC “when due.”
If a state chooses to require drug tests under either clause (i) or (ii) of Section 303(l)(1)(A),
SSA, the testing would be an expense of administering the state UC law. As such, it may be
paid from the state’s UC administrative grant. Further, because it is a cost of program
administration, states may not require applicants to pay any of the cost of drug tests.

g. Total Reduction of Benefit Rights. Section 3304(a)(10) of the Federal Unemployment Tax
Act (FUTA) requires that “compensation shall not be denied to any individual by reason of
cancellation of wage credits or total reduction of benefit rights for any cause other than
discharge for misconduct connected with his work, fraud in connection with a claim for
compensation, or receipt of disqualifying income.” Section 303(l)(1)(B), SSA, as added by
the Act, specifies that “[n]othing in this Act or any other provision of Federal law shall be
considered to prevent a State from enacting legislation to provide for … denying such
compensation to such applicant on the basis of the result of the [drug] testing conducted by
the State ...” As such, it provides an exception to the requirements of section 3304(a)(10),
FUTA. Thus, states may cancel wage credits or impose a total denial of benefit rights on
applicants who fail a drug test permitted under either clause (i) or (ii) of Section 303(l)(1)(A),
SSA.

h. Timely Eligibility Determinations. The requirement that UC payments be made when due
in section 303(a)(1), SSA, has been interpreted to require that UC be paid as soon as
administratively feasible. (See California Department of Human Resources Development
v. Java, 402 U.S. 121, 130-31 (1971).) The Department’s regulations at 20 CFR part 640
establish the standard for benefit payment promptness. As a result, states that implement drug
testing provisions consistent with the requirements of either clause (i) or (ii) of Section
303(l)(1)(A), SSA, must establish procedures to ensure that eligibility determinations are
made promptly, that benefits are provided “with the greatest promptness that is
administratively feasible,” and that they meet all of the promptness requirements in 20 CFR
part 640.
                                               4
  i. Confidentiality of information. The results of, or even the fact of, a drug test for an
  applicant for UC is confidential UC information as defined in 20 CFR 603.2(j). Therefore,
  the confidentiality requirements of 20 CFR 603.4 apply. States may not release information
  about an individual’s drug test except as provided under state law that conforms to the
  requirements of 20 CFR part 603.

  j. Limits on Permissible Drug Testing. Section 3304(a)(4), FUTA, requires, as a condition for
  employers in a state to receive credit against the Federal tax, that state law provide that “all
  money withdrawn from the unemployment fund of the State shall be used solely in the
  payment of unemployment compensation, exclusive of expenses of administration, and for
  refunds of sums erroneously paid into such fund . . . .” Section 303(a)(5), SSA, provides a
  similar requirement as a condition for a state to receive administrative grants. Section
  3306(h), FUTA, defines compensation as “cash benefits payable to individuals with respect to
  their unemployment.” These provisions taken together are commonly referred to as the
  “withdrawal standard” of Federal UC law.

  UIPL No. 787 transmitted the Secretary’s decision in the 1964 conformity case involving
  South Dakota that interpreted these sections to mean UC eligibility must be based on the “fact
  or cause” of unemployment. Specifically, the Secretary ruled that the payment of UC
  premised on a condition of entitlement “unrelated to the fact or cause of unemployment” is
  inconsistent with Federal law.

  Because of this longstanding interpretation, the only permissible reasons for drug testing are
  those provided for in Section 303(l), SSA. As a general rule, when there is no direct link
  between a person becoming unemployed and the illegal use of a controlled substance, drug
  testing does not relate to the “fact or cause” of unemployment because the fact or possibility
  of drug use has nothing to do with the reason a person became unemployed. Even in Section
  303(l), SSA, testing is permitted only if the “cause” of unemployment is termination from
  employment because of unlawful use of controlled substances or the “fact” of unemployment
  is due to an inability to pass a required drug test. Thus, the underlying requirement remains
  that UC eligibility must be based on the “fact or cause” of an individual’s unemployment. As
  exceptions to any of the requirements of Federal UC law are narrowly construed, drug testing
  of claimants as a condition of eligibility for UC for any reason other than those specifically
  authorized by section 303(l)(1)(A), SSA, would violate the withdrawal standard.

  k. Effective Date. Because Section 2105 does not provide for an effective date, section 303(l),
  SSA, became effective upon enactment of the Act on February 22, 2012. However, as
  discussed above, only drug testing under clause (i) of Section 303(l)(1)(A) may be
  implemented by states at this time; drug testing under clause (ii) is not permitted until a final
  rule is in effect. Also, as a reminder, since drug testing under the Act is optional, no changes
  to state UC law are required unless a state wishes to provide for drug testing of UC applicants
  as authorized by the Act. However, states that wish to conduct drug testing as permitted by
  Section 303(l)(1)(A), SSA, must amend their state law to explicitly provide for such testing.

5. Action Required. States are requested to review this UIPL, and assure their laws and
   practices conform to and comply with its guidance.
                                                5
6. Inquiries. Inquiries should be directed to the appropriate Regional Office.

7. Attachments.

  I    Text of Section 2105 of Pub. L. 112-96, the Middle Class Tax Relief and Job Creation
       Act of 2012.

  II   21 U.S.C. § 812. Schedules of controlled substances.




                                                6

Attachment I (official PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2014/UIPL-1-15_Attachment_1_Acc.pdf)

ATTACHMENT I

Text of Section 2105 of Pub. L. 112-96, the Middle Class Tax Relief and Job Creation Act
of 2012


SEC. 2105. DRUG TESTING OF APPLICANTS.

Section 303 of the Social Security Act is amended by adding at the end the following:
   ‘‘(l)(1) Nothing in this Act or any other provision of Federal law shall be considered to
prevent a State from enacting legislation to provide for—
   ‘‘(A) testing an applicant for unemployment compensation for the unlawful use of controlled
substances as a condition for receiving such compensation, if such applicant—
       ‘‘(i) was terminated from employment with the applicant’s most recent employer (as
defined under the State law) because of the unlawful use of controlled substances; or
       ‘‘(ii) is an individual for whom suitable work (as defined under the State law) is only
available in an occupation that regularly conducts drug testing (as determined under regulations
issued by the Secretary of Labor); or
   ‘‘(B) denying such compensation to such applicant on the basis of the result of the testing
conducted by the State under legislation described in subparagraph (A).
   ‘‘(2) For purposes of this subsection—
      ‘‘(A) the term ‘unemployment compensation’ has the meaning given such term in
subsection (d)(2)(A); and
      ‘‘(B) the term ‘controlled substance’ has the meaning given such term in section 102 of the
Controlled Substances Act (21 U.S.C. 802).’’.




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Attachment II (official PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2014/UIPL-1-15_Attachment_2_Acc.pdf)

ATTACHMENT II

Schedules of Controlled Substances in Section 102 of the Controlled Substances Act (21
U.S.C. 802).

§ 812. Schedules of controlled substances.

   •   (a) Establishment

There are established five schedules of controlled substances, to be known as schedules I, II, III,
IV, and V. Such schedules shall initially consist of the substances listed in this section. The
schedules established by this section shall be updated and republished on a semiannual basis
during the two-year period beginning one year after October 27, 1970, and shall be updated and
republished on an annual basis thereafter.

   •   (b) Placement on schedules; findings required

Except where control is required by United States obligations under an international treaty,
convention, or protocol, in effect on October 27, 1970, and except in the case of an immediate
precursor, a drug or other substance may not be placed in any schedule unless the findings
required for such schedule are made with respect to such drug or other substance. The findings
required for each of the schedules are as follows:

   •   (1) Schedule I. -
           o (A) The drug or other substance has a high potential for abuse.
           o (B) The drug or other substance has no currently accepted medical use in
              treatment in the United States.
           o (C) There is a lack of accepted safety for use of the drug or other substance under
              medical supervision.
   •   (2) Schedule II. -
           o (A) The drug or other substance has a high potential for abuse.
           o (B) The drug or other substance has a currently accepted medical use in treatment
              in the United States or a currently accepted medical use with severe restrictions.
           o (C) Abuse of the drug or other substances may lead to severe psychological or
              physical dependence.
   •   (3) Schedule III. -
           o (A) The drug or other substance has a potential for abuse less than the drugs or
              other substances in schedules I and II.
           o (B) The drug or other substance has a currently accepted medical use in treatment
              in the United States.
           o (C) Abuse of the drug or other substance may lead to moderate or low physical
              dependence or high psychological dependence.

                                                 1
    •   (4) Schedule IV. -
            o (A) The drug or other substance has a low potential for abuse relative to the drugs
               or other substances in schedule III.
            o (B) The drug or other substance has a currently accepted medical use in treatment
               in the United States.
            o (C) Abuse of the drug or other substance may lead to limited physical dependence
               or psychological dependence relative to the drugs or other substances in schedule
               III.
    •   (5) Schedule V. -
            o (A) The drug or other substance has a low potential for abuse relative to the drugs
               or other substances in schedule IV.
            o (B) The drug or other substance has a currently accepted medical use in treatment
               in the United States.
            o (C) Abuse of the drug or other substance may lead to limited physical dependence
               or psychological dependence relative to the drugs or other substances in schedule
               IV.

    •   (c) Initial schedules of controlled substances

Schedules I, II, III, IV, and V shall, unless and until amended 1 pursuant to section 811 of this
title, consist of the following drugs or other substances, by whatever official name, common or
usual name, chemical name, or brand name designated:

                                                SCHEDULE I

    •   (a) Opiates

Unless specifically excepted or unless listed in another schedule, any of the following opiates,
including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the
existence of such isomers, esters, ethers, and salts is possible within the specific chemical
designation:

    •   (1) Acetylmethadol.
    •   (2) Allylprodine.
    •   (3) Alphacetylmathadol. 2
    •   (4) Alphameprodine.
    •   (5) Alphamethadol.
    •   (6) Benzethidine.
    •   (7) Betacetylmethadol.

1 Revised schedules are published in the Code of Federal Regulations, Part 1308 of Title 21, Food and Drugs.
2 So in original. Probably should be “Alphacetylmethadol.”
                                                        2
•   (8) Betameprodine.
•   (9) Betamethadol.
•   (10) Betaprodine.
•   (11) Clonitazene.
•   (12) Dextromoramide.
•   (13) Dextrorphan.
•   (14) Diampromide.
•   (15) Diethylthiambutene.
•   (16) Dimenoxadol.
•   (17) Dimepheptanol.
•   (18) Dimethylthiambutene.
•   (19) Dioxaphetyl butyrate.
•   (20) Dipipanone.
•   (21) Ethylmethylthiambutene.
•   (22) Etonitazene.
•   (23) Etoxeridine.
•   (24) Furethidine.
•   (25) Hydroxypethidine.
•   (26) Ketobemidone.
•   (27) Levomoramide.
•   (28) Levophenacylmorphan.
•   (29) Morpheridine.
•   (30) Noracymethadol.
•   (31) Norlevorphanol.
•   (32) Normethadone.
•   (33) Norpipanone.
•   (34) Phenadoxone.
•   (35) Phenampromide.
•   (36) Phenomorphan.
•   (37) Phenoperidine.
•   (38) Piritramide.
•   (39) Propheptazine.
•   (40) Properidine.
•   (41) Racemoramide.
•   (42) Trimeperidine.

•   (b) Opium Derivatives




                                   3
Unless specifically excepted or unless listed in another schedule, any of the following opium
derivatives, their salts, isomers, and salt of isomers whenever the existence of such salts,
isomers, and salts of isomers is possible within the specific chemical designation:

   •   (1) Acetorphine.
   •   (2) Acetyldihydrocodeine.
   •   (3) Benzylmorphine.
   •   (4) Codeine methylbromide.
   •   (5) Codeine-N-Oxide.
   •   (6) Cyprenorphine.
   •   (7) Desomorphine.
   •   (8) Dihydromorphine.
   •   (9) Etorphine.
   •   (10) Heroin.
   •   (11) Hydromorphinol.
   •   (12) Methyldesorphine.
   •   (13) Methylhydromorphine.
   •   (14) Morphine methylbromide.
   •   (15) Morphine methylsulfonate.
   •   (16) Morphine-N-Oxide.
   •   (17) Myrophine.
   •   (18) Nicocodeine.
   •   (19) Nicomorphine.
   •   (20) Normorphine.
   •   (21) Pholcodine.
   •   (22) Thebacon.

   •   (c) Hallucinogenic Substances

Unless specifically excepted or unless listed in another schedule, any material, compound,
mixture, or preparation, which contains any quantity of the following hallucinogenic substances,
or which contains any of their salts, isomers, and salts of isomers whenever the existence of such
salts, isomers, and salts of isomers is possible within the specific chemical designation:

   •   (1) 3,4-methylenedioxy amphetamine.
   •   (2) 5-methoxy-3,4-methylenedioxy amphetamine.
   •   (3) 3,4,5-trimethoxy amphetamine.
   •   (4) Bufotenine.
   •   (5) Diethyltryptamine.
   •   (6) Dimethyltryptamine.
   •   (7) 4-methyl-2,5-diamethoxyamphetamine.
                                                4
    •    (8) Ibogaine.
    •    (9) Lysergic acid diethylamide.
    •    (10) Marihuana.
    •    (11) Mescaline.
    •    (12) Peyote.
    •    (13) N-ethyl-3-piperidyl benzilate.
    •    (14) N-methyl-3-piperidyl benzilate.
    •    (15) Psilocybin.
    •    (16) Psilocyn.
    •    (17) Tetrahydrocannabinols.

                                                    SCHEDULE II

    •    (a) Unless specifically excepted or unless listed in another schedule, any of the following
         substances whether produced directly or indirectly by extraction from substances of
         vegetable origin, or independently by means of chemical synthesis, or by a combination
         of extraction and chemical synthesis:

    •    (1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or
         opiate.
    •    (2) Any salt, compound, derivative, or preparation thereof which is chemically equivalent
         or identical with any of the substances referred to in clause (1), except that these
         substances shall not include the isoquinoline alkaloids of opium.
    •    (3) Opium poppy and poppy straw.
    •    (4) coca 3 leaves, except coca leaves and extracts of coca leaves from which cocaine,
         ecgonine, and derivatives of ecgonine or their salts have been removed; cocaine, its salts,
         optical and geometric isomers, and salts of isomers; ecgonine, its derivatives, their salts,
         isomers, and salts of isomers; or any compound, mixture, or preparation which contains
         any quantity of any of the substances referred to in this paragraph.

    •    (b) Unless specifically excepted or unless listed in another schedule, any of the following
         opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters and
         ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within
         the specific chemical designation:

    •    (1) Alphaprodine.
    •    (2) Anileridine.
    •    (3) Bezitramide.
    •    (4) Dihydrocodeine.

3 So in original. Probably should be capitalized.
                                                         5
•   (5) Diphenoxylate.
•   (6) Fentanyl.
•   (7) Isomethadone.
•   (8) Levomethorphan.
•   (9) Levorphanol.
•   (10) Metazocine.
•   (11) Methadone.
•   (12) Methadone-Intermediate, 4-cyano-2-dimethylamino-4,4-diphenyl butane.
•   (13) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic
    acid.
•   (14) Pethidine.
•   (15) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine.
•   (16) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate.
•   (17) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid.
•   (18) Phenazocine.
•   (19) Piminodine.
•   (20) Racemethorphan.
•   (21) Racemorphan.

•   (c) Unless specifically excepted or unless listed in another schedule, any injectable liquid
    which contains any quantity of methamphetamine, including its salts, isomers, and salts
    of isomers.

                                     SCHEDULE III

•   (a) 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:

•   (1) Amphetamine, its salts, optical isomers, and salts of its optical isomers.
•   (2) Phenmetrazine and its salts.
•   (3) Any substance (except an injectable liquid) which contains any quantity of
    methamphetamine, including its salts, isomers, and salts of isomers.
•   (4) Methylphenidate.

•   (b) 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 depressant effect on the central nervous system:



                                             6
•   (1) Any substance which contains any quantity of a derivative of barbituric acid, or any
    salt of a derivative of barbituric acid.
•   (2) Chorhexadol.
•   (3) Glutehimide.
•   (4) Lysergic acid.
•   (5) Lysergic acid amide.
•   (6) Methyprylon.
•   (7) Phencyclidine.
•   (8) Sulfondiethylmethane.
•   (9) Sulfonethylmethane.
•   (10) Sulfonmethane.

•   (c) Nalorphine.

•   (d) Unless specifically excepted or unless listed in another schedule, any material,
    compound, mixture, or preparation containing limited quantities of any of the following
    narcotic drugs, or any salts thereof:

•   (1) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams
    per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium.
•   (2) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams
    per dosage unit, with one or more active, non-narcotic ingredients in recognized
    therapeutic amounts.
•   (3) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more
    than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline
    alkaloid of opium.
•   (4) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more
    than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in
    recognized therapeutic amounts.
•   (5) Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90
    milligrams per dosage unit, with one or more active, nonnarcotic ingredients in
    recognized therapeutic amounts.
•   (6) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than
    15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in
    recognized therapeutic amounts.
•   (7) 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 or more active, nonnarcotic
    ingredients in recognized therapeutic amounts.
•   (8) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with
    one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
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   •   (e) Anabolic steroids.

                                       SCHEDULE IV

   •   (1) Barbital.
   •   (2) Chloral betaine.
   •   (3) Chloral hydrate.
   •   (4) Ethchlorvynol.
   •   (5) Ethinamate.
   •   (6) Methohexital.
   •   (7) Meprobamate.
   •   (8) Methylphenobarbital.
   •   (9) Paraldehyde.
   •   (10) Petrichloral.
   •   (11) Phenobarbital.

                                       SCHEDULE V

Any compound, mixture, or preparation containing any of the following limited quantities of
narcotic drugs, which shall include one or more nonnarcotic active medicinal ingredients in
sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal
qualities other than those possessed by the narcotic drug 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.




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