Guam § 67 - Authority to Control.

§ 67. Authority to Control.

(a) The Department of Public Health and Social Services shall administer this Act and may add

substances to or delete or re-schedule substances listed in Appendices A, B, C, D or E of this Act pursuant

to the Administrative Adjudication Law, Title 5 Guam Code Annotated § 9100, et seq.

(b) In making a determination regarding a substance, DPHSS shall consider the following:

(1) the actual or relative potential for abuse;

(2) the scientific evidence of its pharmacological effect, if known;

(3) the state of current scientific knowledge regarding the substance;

(4) the history and current pattern of abuse;

(5) the scope, duration and significance of abuse;

(6) the risk to the public health;

(7) the potential of the substance to produce psychic or physiological dependence liability; and

(8) whether the substance is an immediate precursor of a controlled substance.

(c) DPHSS may consider findings of the Federal Food and Drug Administration or the Drug

Enforcement Administration as prima facie evidence relating to one (1) or more of the determinative

factors.

(d) After considering the factors enumerated in Subsection (b), DPHSS shall make findings with

respect to them and adopt and publish a rule controlling the substance upon finding the substance has a

potential for abuse.

(e) DPHSS, without regard to the findings required by Subsection (d) or §§ 67.204, 67.206, 67.208,

67.210 and 67.212, or the procedures prescribed by Subsections (a) - (d), may add an immediate precursor

to the same schedule in which the controlled substance of which it is an immediate precursor is placed or

to any other schedule. If DPHSS designates a substance as an immediate precursor, substances that are

precursors of the controlled precursor are not subject to control solely because they are precursors of the

controlled precursor.

(f) If a substance is designated, rescheduled or deleted as a controlled substance under Federal law,

DPHSS shall similarly treat the substance under this Act after the expiration of thirty (30) days from the

date of publication in the Federal Register of a final order designating the substance as a controlled

substance or rescheduling or deleting the substance or from the date of issuance of an order of temporary

scheduling under § 508 of the Federal Dangerous Drug Diversion Control Act of 1984 [21 U.S.C. § 811(h)],

unless within the thirty (30) day period, DPHSS or an interested party objects to the treatment of the

substance. If no objection is made, DPHSS shall adopt and publish, without making the determinations or

findings required by Subsections (a) - (d) or §§ 67.204, 67.206, 67.208, 67.210 or 67.212, a final rule

treating the substance. If an objection is made, DPHSS shall make a determination with respect to the

treatment of the substance as provided by Subsections (a) - (d). Upon receipt of an objection to the treatment

by DPHSS, DPHSS shall publish notice of the receipt of the objection, and action by DPHSS under this

Act is stayed until DPHSS adopts a rule as provided by Subsection (d).

(g) DPHSS, by rule and without regard to the requirements of Subsections (a) - (c), may schedule a

substance in Schedule I, whether or not the substance is substantially similar to a controlled substance

included in Schedule I or II, if DPHSS finds that scheduling of the substance on an emergency basis is

necessary to avoid an imminent hazard to the public safety and the substance is not in any other schedule

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or no exemption or approval is in effect for the substance under § 505 of the Federal Food, Drug and

Cosmetic Act [21 U.S.C. § 3551]. Upon receipt of notice under § 67.214, DPHSS shall initiate scheduling

of the controlled substance analog on an emergency basis pursuant to this Subsection. The scheduling of a

substance under this Subsection expires one (1) year after the adoption of the scheduling rule. With respect

to the finding of an imminent hazard to the public safety, DPHSS shall consider whether the substance has

been scheduled on a temporary basis under Federal law or factors set forth in Subsections (b)(4), (5) and

(6), and may also consider clandestine importation, manufacture or distribution, and, if available,

information concerning the other factors set forth in Subsection (b). A rule may not be adopted under this

Subsection until DPHSS initiates a rulemaking proceeding under Subsections (a) - (d) with respect to the

substance. A rule adopted under this Subsection lapses upon the conclusion of the rulemaking proceeding

initiated under Subsections (a) - (d) with respect to the substance.

(h) Authority of DPHSS to control under this Section does not extend to distilled spirits, wine, malt

beverages or tobacco.