§329-16 Schedule II. (a) The controlled substances listed in this section are included in schedule II.
(b) Any of the following substances, except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:
(1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, excluding apomorphine, thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene, naloxegol, naloxone, and naltrexone, and their respective salts, but including the following:
(A) Raw opium;
(B) Opium extracts;
(C) Opium fluid;
(D) Powdered opium;
(E) Granulated opium;
(F) Codeine;
(G) Ethylmorphine;
(H) Etorphine hydrochloride;
(I) Hydrocodone;
(J) Hydromorphone;
(K) Metopon;
(L) Morphine;
(M) Oxycodone;
(N) Oxymorphone;
(O) Thebaine;
(P) Dihydroetorphine;
(Q) Oripavine; and
(R) Tincture of opium;
(2) Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (1), but not including the isoquinoline alkaloids of opium;
(3) Opium poppy and poppy straw;
(4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocanized coca leaves or extractions which do not contain cocaine or ecgonine; cocaine or any salt or isomer thereof; and
(5) Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid, or powder form that contains the phenanthrene alkaloids of the opium poppy).
(c) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:
(1) Alfentanil;
(2) Alphaprodine;
(3) Anileridine;
(4) Bezitramide;
(5) Bulk Dextropropoxyphene (nondosage form);
(6) Carfentanil;
(7) Dihydrocodeine;
(8) Diphenoxylate;
(9) Fentanyl;
(10) Isomethadone;
(11) Levo-alphacetylmethadol (LAAM);
(12) Levomethorphan;
(13) Levorphanol;
(14) Metazocine;
(15) Methadone;
(16) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
(17) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid;
(18) Pethidine (Meperidine);
(19) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;
(20) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
(21) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
(22) Phenazocine;
(23) Piminodine;
(24) Racemethorphan;
(25) Racemorphan;
(26) Remifentanil;
(27) Sufentanil;
(28) Tapentadol; and
(29) Thiafentanil.
(d) Depressants. 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, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:
(1) Amobarbital;
(2) Glutethimide;
(3) Pentobarbital;
(4) Phencyclidine;
(5) Secobarbital.
(e) Stimulants. Any material, compound, mixture, or preparation which contains any quantity of the following substances having a danger or probable danger associated with a stimulant effect on the central nervous system:
(1) Amphetamine, its salts, optical isomers, and salts of its optical isomers;
(2) Any substance which contains any quantity of methamphetamine, including its salts, isomers, and salts of isomers;
(3) Phenmetrazine and its salts;
(4) Methylphenidate; and
(5) Lisdexamfetamine, its salts, isomers, and salts of its isomers.
(f) Immediate precursor. Unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances:
(1) Immediate precursor to amphetamine and methamphetamine:
(A) Phenylacetone, phenyl-2-propanone(P2P), benzyl methyl ketone, methyl benzyl ketone;
(2) Immediate precursors to phencyclidine (PCP):
(A) 1-phenylcyclohexylamine; or
(B) 1-piperidinocyclohexanecarbonitrile(PCC); or
(3) Immediate precursor to Fentanyl:
(A) 4-anilino-N-phenethyl-4-piperidine (ANPP); or
(B) N-phenyl-N-(piperidin-4-yl)propionamide (norfentanyl).
(g) Hallucinogenic substances, unless listed in another schedule, shall include:
(1) Nabilone; and
(2) Dronabinol (-)-delta-9-trans tetrahydrocannabinol in an oral solution in a drug product approved for marketing by the United States Food and Drug Administration. [L 1972, c 10, pt of §1 and am c 114, §2(2); am L 1974, c 217, §2; am L 1975, c 26, §1; am L 1978, c 68, §3; am L 1979, c 194, §2; am L 1981, c 125, § §1, 2; am L 1984, c 166, §2; am L 1985, c 150, §2; am L 1987, c 203, §1; am L 1988, c 59, §2; am L 1990, c 138, §4; am L 1991, c 159, §7; am L 1995, c 122, §2; am L 1997, c 356, §2; am L 2000, c 98, § §2, 3; am L 2001, c 203, §3; am L 2002, c 165, §1; am L 2003, c 151, §3; am L 2008, c 119, §4; am L 2009, c 117, § §1, 2; am L 2010, c 123, §2; am L 2011, c 73, §2; am L 2012, c 29, §2; am L 2013, c 48, §2; am L 2017, c 155, §2; am L 2018, c 152, §1 and c 190, §2; am L 2021, c 233, §2]
Case Notes
Method used to prove that capsules of methaqualone hydrochloride contained methaqualone accepted as evidence. 1 H. App. 31, 613 P.2d 919.
Structure Hawaii Revised Statutes
329. Uniform Controlled Substances Act
329-2 Hawaii advisory commission on drug abuse and controlled substances; number; appointment.
329-4 Duties of the Hawaii advisory commission on drug abuse and controlled substances.
329-11 Authority to schedule controlled substances.
329-23 Republishing and distribution of schedules.
329-32 Registration requirements.
329-34 Revocation and suspension of registration.
329-36 Records of registrants.
329-38.2 Prescriptions; additional restrictions.
329-38.5 Opioid therapy; informed consent process; requirement for written policies.
329-39.5 Opioid warning label.
329-40 Methadone treatment programs.
329-41 Prohibited acts B--penalties.
329-42 Prohibited acts C--penalties.
329-43 Penalties under other laws.
329-43.5 Prohibited acts related to drug paraphernalia.
329-43.6 Overdose prevention; limited immunity.
329-49 Administrative penalties.
329-51 Powers of enforcement personnel.
329-52 Administrative inspections.
329-54 Cooperative arrangements and confidentiality.
329-56 Burden of proof; liabilities.
329-58 Education and research.
329-59 Controlled substance registration revolving fund; established.
329-61 Substances subject to reporting.
329-63 Person required to keep records and file reports.
329-66 Theft, loss, and discrepancy reports.
329-67 Permit for conduct of business; applications; forms; fees; renewal; violations.
329-68 Protection of records; divulging confidential information prohibited; penalties.
329-71 Requirements when selling specific chemicals.
329-74 Unlawful transport of pseudoephedrine.
329-103 Designated state agency.
329-104 Confidentiality of information; disclosure of information.
329-122 Medical use of cannabis; conditions of use.
329-123 Registration requirements; qualifying patients; primary caregivers.
329-124 Insurance not applicable.
329-125.5 Medical cannabis patient and caregiver protections.
329-126 Protections afforded to a treating physician or advanced practice registered nurse.
329-127 Protection of cannabis and other seized property.
329-128 Fraudulent misrepresentation; penalty.
329-129 Prohibited acts; flammable solvents.
329-130 Authorized sources of medical cannabis.
329-131 Prescription and pharmacy requirements not applicable.