SB259 Alabama 2018 Session

Summary

Primary Sponsor

Tom Whatley

Republican

Session

Regular Session 2018

Title

Controlled substances; controlled substances schedules; statutory schedules repealed; schedules of the State Board of Health to be the official controlled substances list; Secs. 20-2-23, 20-2-25, 20-2-27, 20-2-29, 20-2-31 repealed; Secs. 20-2-20, 20-2-32 am'd.

Summary

SB 259 would replace statute-based controlled substance schedules with the State Board of Health’s official list and give the Board rulemaking authority to add, delete, or reschedule substances, with the Board’s list superseding the old statutory schedules.

What This Bill Does

The bill repeals the statutory schedules and makes the Board of Health’s Controlled Substances List the official list. It allows the Board, by rule, to add, delete, or reschedule substances on that list using specified factors to judge abuse potential and safety. The Board’s list would supersede the statutory schedules and could be amended annually or more often, including mirroring federal scheduling within 30 days of a federal action (with a hearing if the Board objects). It also excludes alcohol, wine, malt beverages, and tobacco, and allows excluding nonnarcotic substances that can be sold over the counter from scheduling.

Who It Affects

• State Board of Health and health regulators, who gain rulemaking authority to create and adjust the official controlled substances list and determine scheduling.
• Healthcare providers, pharmacists, drug manufacturers/distributors, and the general public, who may see changes in which substances are controlled or how strictly they are regulated, plus potential eligibility for OTC exemptions.

Key Provisions

• Repeals statutory schedules (Sections 20-2-23, 20-2-25, 20-2-27, 20-2-29, 20-2-31) and amends Sections 20-2-20 and 20-2-32 to empower the Board to manage scheduling.
• Authorizes the State Board of Health, by rule, to add, delete, or reschedule substances listed in the Controlled Substances List, using criteria such as abuse potential, scientific knowledge, and public health risk.
• Provides that the Board’s Controlled Substances List supersedes the statutory schedules and may be amended by the Board under Section 20-2-32; allows comparison to federal scheduling with a 30-day mirror window and notice/objection process.
• Excludes distilled spirits, wine, malt beverages, and tobacco from Board control; requires excluding nonnarcotic substances sold OTC from scheduling when applicable.
• Requires the Board to revise and republish schedules annually or more frequently, and sets an effective date for the act (first day of the third month after passage/approval).

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Controlled Substances