HB 6020

HOUSE BILL NO. 6020
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 7212 (MCL 333.7212), as amended by
2013 PA 268, and by adding sections 2222, 2222a, and 2222b.
the people of the state of michigan enact:
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Sec. 2222. (1)
The ibogaine grant program is created in the department of health and human
services to provide grants for certified clinical drug development trials overseen
by the United States Food and Drug Administration on the use of ibogaine to
treat opioid use disorder, co-occurring substance use disorder, or any
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other neurological or mental health
condition for which ibogaine demonstrates efficacy in treatment.
(2) The department of health and human services shall award a grant only
to a person that meets all of the following requirements:
(a) Is located within this state.
(b) Has a history of proven research and treatment of neurological
diseases and expertise in substance dependence and in emotional and physical
trauma.
(c) Has a neurosurgery program that has the requisite clinical and
research facilities, is staffed by professionals who have expertise in the most
challenging neurological and neurosurgical conditions, and is capable of
providing the necessary infrastructure and expertise to deliver cardiac
intensive care services.
(d) Has the ability to facilitate pioneering research and innovation in
the diagnosis and treatment of neurological conditions.
(e) Meets either of the following:
(i) Has a signed
agreement with a consortium established under the laws of another state that
has submitted an investigational new drug application to the United States Food
and Drug Administration under 21 CFR part 312 and has requested a breakthrough
therapy designation for ibogaine with the United States Food and Drug
Administration under 21 USC 356.
(ii) If a consortium
under subparagraph (i) is not
available to enter a signed agreement, is a member of a consortium established
under section 2222b that has submitted or is actively pursuing submission of an
investigational new drug application to the United
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States Food and Drug Administration under
21 CFR part 312 and a breakthrough therapy designation for ibogaine with the
United States Food and Drug Administration under 21 USC 356.
(3) The ibogaine research fund is created in the state treasury.
(4) The state treasurer shall deposit money and other assets received
from drug development clinical trials conducted by a consortium or from any
other source in the fund. The state treasurer shall direct the investment of
money in the fund and credit interest and earnings from the investments to the
fund.
(5) The department of health and human services is the administrator of
the fund for audits of the fund.
(6) The department of health and human services shall expend money from
the fund, on appropriation, only for the ibogaine grant program.
(7) The department of health and human services shall promulgate rules
to ensure that ibogaine is administered only in a manner consistent with the
protocols established within an approved investigational new drug application
or, subject to section 2222a(2), as directed by the manufacturer of an approved
drug if the administration is under section 2222a.
(8) For the fiscal year ending September 30, 2026, $50,000,000.00 is
appropriated from the Michigan opioid healing and recovery fund for deposit in
the ibogaine research fund. Money deposited in the ibogaine research fund under
this subsection is appropriated and available for expenditure for the purposes
described in subsection (6) and must be used in a manner and for purposes
consistent with the opioid judgment, settlement, or compromise of claims from
which the money was received.
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(9) As used in this section and sections 2222a and 2222b:
(a) "Certified clinical drug development trial" means a trial
conducted in accordance with a new drug application that has been approved by
the United States Food and Drug Administration.
(b) "Consortium" means a group created by law for the purpose
of conducting drug development clinical trials with ibogaine, including, but
not limited to, a multi-state collaborative entity established under section
2222b that includes this state and 1 or more other states.
(c) "Fund" or "ibogaine research fund" means the
ibogaine research fund created in subsection (3).
(d) "Ibogaine" means ibogaine and ibogaine-based therapeutics,
including ibogaine analogs.
(e) "Ibogaine grant program" means the ibogaine grant program
created under subsection (1).
(f) "Michigan opioid healing and recovery fund" means the
Michigan opioid healing and recovery fund created in section 3 of the Michigan
trust fund act, 2000 PA 489, MCL 12.253.
(g) "Physician" means that term as defined in section 17001 or
17501.
Sec. 2222a. (1)
If ibogaine is approved by the United States Food and Drug Administration to
treat a medical condition, only a physician may prescribe ibogaine for a
patient.
(2) A physician who prescribes ibogaine for a patient under subsection
(1) shall supervise the administration of ibogaine at a hospital or other
licensed health facility to ensure the patient's safety while the patient is
under the influence of ibogaine.
(3) The administration of ibogaine under this section must comply with
rules promulgated under section 2222.
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(4) This section does not preclude a physician from prescribing
and administering ibogaine in accordance with federal law.
Sec. 2222b. (1)
The department of health and human services may facilitate the establishment of
a consortium with all of the following as members:
(a) This state.
(b) Not less than 1 drug developer or contract development and
manufacturing organization.
(c) Not less than 1 institution of higher education located in this
state.
(d) Not less than 1 hospital or licensed health facility located in this
state that has capacity to provide cardiac intensive care services.
(e) Not less than 1 other state.
(2) A consortium established under this section shall permit any other
state to join as a participating member if the laws of the other state allow
for the state to join the consortium.
(3) Before receiving any funds from this state, a consortium established
under this section must submit an investigational new drug application to the
United States Food and Drug Administration under 21 CFR part 312 and pursue a
breakthrough therapy designation for ibogaine with the United States Food and
Drug Administration under 21 USC 356.
Sec. 7212. (1) The following controlled
substances are included in schedule 1:
(a) Any of the
following opiates, including their isomers, esters, the ethers, salts, and
salts of isomers, esters, and ethers, unless specifically excepted, when the
existence of these
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isomers,
esters, ethers, and salts is possible within the specific chemical designation:
Acetylmethadol
Difenoxin
Noracymethadol
Allylprodine
Dimenoxadol
Norlevorphanol
Alpha-acetylmethadol
Dimepheptanol
Normethadone
Alphameprodine
Dimethylthiambutene
Norpipanone
Alphamethadol
Dioxaphetyl
butyrate
Phenadoxone
Benzethidine
Dipipanone
Phenampromide
Betacetylmethadol
Ethylmethylthiambutene
Phenomorphan
Betameprodine
Etonitazene
Phenoperidine
Betamethadol
Etoxeridine
Piritramide
Betaprodine
Furethidine
Proheptazine
Clonitazene
Hydroxypethidine
Properidine
Dextromoramide
Ketobemidone
Propiram
Diampromide
Levomoramide
Racemoramide
Diethylthiambutene
Levophenacylmorphan
Trimeperidine
Morpheridine
(b) Any of the
following opium derivatives, their salts, isomers, and salts of isomers, unless
specifically excepted, when the existence of these salts, isomers, and salts of
isomers is possible within the specific chemical designation:
Acetorphine
Drotebanol
Morphine-N-Oxide
Acetyldihydrocodeine
Etorphine
Myrophine
Benzylmorphine
Heroin
Nicocodeine
Codeine methylbromide
Hydromorphinol
Nicomorphine
Codeine-N-Oxide
Methyldesorphine
Normorphine
Cyprenorphine
Methyldihydromorphine
Pholcodine
Desomorphine
Morphine
methylbromide
Thebacon
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Dihydromorphine
Morphine
methylsulfonate
(c) Any material,
compound, mixture, or preparation which contains any quantity of the following
hallucinogenic substances, their salts, isomers, and salts of isomers, unless
specifically excepted, when the existence of these salts, isomers, and salts of
isomers is possible within the specific chemical designation:
2-Methylamino-1-phenylpropan-1-one
Some trade and other names:
Methcathinone
Cat
Ephedrone
3,
4-methylenedioxy amphetamine
5-methoxy-3, 4-methylenedioxy
Amphetamine
3, 4,
5-trimethoxy amphetamine
Bufotenine
Some trade and other names:
3-(B-dimethylaminoethyl)-5 hydrozyindole
3-(2-dimethylaminoethyl)-5 indolol
N,N-dimethylserotonin; 5-hydroxy-N-dimethyltryptamine
Mappine
2,
5-Dimethoxyamphetamine
Some trade or other names:
2,
5-Dimethoxy-a-methylphenethylamine; 2,5-DMA
4-Bromo-2,
5-Dimethoxyamphetamine
Some trade or other names:
4-bromo-2, 5 dimethoxy-a-methylphenethylamine; 4-bromo
2,5-DMA
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Diethyltryptamine
Some trade and other names:
N,N-Diethyltryptamine; DET
Dimethyltryptamine
Some trade or other names:
DMT
4-methyl-2,
5-dimethoxyamphetamine
Some trade and other names:
4-methyl-2, 5-dimethoxy-a-methyl-phenethylamine
DOM, STP
4-methoxyamphetamine
Some trade or other names:
4-methoxy-a-methylphenethylamine; paramethoxy amphetamine;
PMA
Except as provided in subsections (3) and (4), Ibogaine
Some trade and other names:
7-Ethyl-6,6a,7,8,9,10,12,13
Octahydro-2-methoxy-6,9-methano-5H-
pyrido (1, 2:1, 2 azepino 4, 5-b) indole
tabernanthe iboga
Lysergic
acid diethylamide
Except
as provided in subsection (2), Marihuana, including
pharmaceutical-grade
cannabis
Mecloqualone
Mescaline
Peyote
N-ethyl-3
piperidyl benzilate
N-methyl-3
piperidyl benzilate
Psilocybin
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Psilocyn
Thiophene
analog of phencyclidine
Some trade or other names:
1-(1-(2-thienyl)cyclohexyl) piperidine
2-thienyl analog of phencyclidine; TPCP
(d) Synthetic
equivalents of the substances contained in the plant, or in the resinous
extractives of cannabis and synthetic substances, derivatives, and their
isomers with similar chemical structure or pharmacological activity, or both,
such as the following, are included in schedule 1:
(i) /\1 cis or trans tetrahydrocannabinol,
and their optical isomers.
(ii) /\6 cis or trans tetrahydrocannabinol,
and their optical isomers.
(iii) /\3,4, cis or trans
tetrahydrocannabinol, and their optical isomers.
(e) Synthetic
cannabinoids. As used in this subdivision, "synthetic cannabinoids"
includes any material, compound, mixture, or preparation that is not otherwise
listed as a controlled substance in this schedule or in schedules II 2 through V, 5, is not
approved by the federal food and drug
administration United States Food and Drug
Administration as a drug, and contains any quantity of the following
substances, their salts, isomers (whether optical, positional, or geometric),
homologues (analogs), and salts of isomers and homologues (analogs), unless
specifically excepted, whenever the existence of these salts, isomers,
homologues (analogs), and salts of isomers and homologues (analogs) is possible
within the specific chemical designation:
(i) Any compound containing a
3-(1-naphthoyl)indole structure,
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also
known as napthoylindoles, with substitution at the nitrogen atom of the indole
ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or
not further substituted on the indole ring to any extent and whether or not
substituted on the naphthyl ring to any extent. Examples of this structural
class include but are not limited to: JWH-007, JWH-015, JWH-018, JWH-019,
JWH-073, JWH-081, JWH-122, JWH-200, JWH-210, JWH-398, AM-1220, AM-2201, and
WIN-55, 212-2.
(ii) Any compound containing a
1H-indol-3-yl-(1-naphthyl)methane structure, also known as
napthylmethylindoles, with substitution at the nitrogen atom of the indole ring
by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or
not further substituted on the indole ring to any extent and whether or not
substituted on the naphthyl ring to any extent. Examples of this structural
class include but are not limited to: JWH-175, and JWH-184.
(iii) Any compound containing a
3-(1-naphthoyl)pyrrole structure, also known as naphthoylpyrroles with
substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2- piperidinyl)methyl,
or 2-(4-morpholinyl)ethyl group, whether or not further substituted on the
pyrrole ring to any extent and whether or not substituted on the naphthyl ring
to any extent. Examples of this structural class include but are not limited
to: JWH-370, JWH-030.
(iv) Any compound containing a
naphthylideneindene structure with substitution at the 3-position of the indene
ring by an alkyl,
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haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl,
or 2-(4-morpholinyl)ethyl group, whether or not further substituted on the
indene ring to any extent and whether or not substituted on the naphthyl ring
to any extent. Examples of this structural class include but are not limited
to: JWH-176.
(v) Any compound containing a
3-phenylacetylindole structure, also known as phenacetylindoles, with
substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl group, whether or not further substituted on the indole
ring to any extent and whether or not substituted on the phenyl ring to any
extent. Examples of this structural class include but are not limited to: RCS-8
(SR-18), JWH-250, JWH-203, JWH-251, and JWH-302.
(vi) Any compound containing a
2-(3-hydroxycyclohexyl)phenol structure, also known as cyclohexylphenols, with
substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl,
or 2-(4-morpholinyl)ethyl group, whether or not substituted on the cyclohexyl
ring to any extent. Examples of this structural class include but are not
limited to: CP-47,497 (and homologues(analogs)), cannabicyclohexanol, and
CP-55,940.
(vii) Any compound containing a
3-(benzoyl)indole structure, also known as benzoylindoles, with substitution at
the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl
group, whether or not further substituted on the indole ring to any extent and
whether or
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not
substituted on the phenyl ring to any extent. Examples of this structural class
include but are not limited to: AM-694, pravadoline (WIN-48,098), RCS-4,
AM-630, AM-679, AM-1241, and AM-2233.
(viii) Any compound containing a
11-hydroxy-/\8-tetrahydrocannabinol structure, also known as dibenzopyrans,
with further substitution on the 3-pentyl group by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkyethyl, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl group. Examples of this structural class include but are
not limited to: HU-210, JWH-051, JWH-133.
(ix) Any compound containing a 3-(L-adamantoyl)indole 3-(1-adamantoyl)indole
structure, also known as adamantoylindoles, with substitution at the
nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl group, whether or not further substituted on the
adamantyl ring system to any extent. Examples of this structural class include
but are not limited to: AM-1248.
(x) Any other synthetic chemical compound
that is a cannabinoid receptor agonist and mimics the pharmacological effect of
naturally occurring cannabinoids that is not listed in schedules II 2 through V 5 and is not
approved by the federal food and drug
administration United States Food and Drug
Administration as a drug.
(f) Compounds of
structures referred to in subdivision (d), regardless of numerical designation
of atomic positions, are included.
(g)
Gamma-hydroxybutyrate and any isomer, salt, or salt of
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isomer
of gamma-hydroxybutyrate.
Some trade and other names:
Sodium oxybate
4-hydroxybutanoic acid monosodium salt
(h)
3,4-methylenedioxymethamphetamine.
Some trade and other names:
Ecstasy
MDMA
(i)
N-Benzylpiperazine
Some trade and other names:
BZP
Benzylpiperazine
1-(phenylmethyl)-piperazine
(j)
3-Chlorophenylpiperazine
Some trade and other names:
MCPP
(k)
1-(3-Trifluoromethylphenyl)piperazine
Some trade and other names:
TFMPP
(l) 4-Bromo-2,5-dimethoxybenzylpiperazine
Some trade and other names:
2C-B-BZP
(m) All of the
following:
(i)
(6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol.
Some trade and other names:
HU-210
(ii)
2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol and its side chain
homologues.
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Some trade and other names:
CP47,497
(iii) 1-pentyl-3-(1-naphthoyl)indole.
Some trade and other names:
JWH-018
(iv) 1-butyl-3-(1-naphthoyl)indole.
Some trade and other names:
JWH-073
(v)
(2-methyl-1-propyl-1H-indol-3-yl)-1-naphthalenyl-methanone.
Some trade and other names:
JWH-015
(vi)
[1-[2-(4-morpholinyl)ethyl]-1H-indol-3-yl]-1-naphthalenyl-methanone.
Some trade and other names:
JWH-200
(vii)
1-(1-pentyl-1H-indol-3-yl)-2-(2-methoxyphenyl)-ethanone.
Some trade and other names:
JWH-250
(n) Mephedrone
(4-methylmethcathinone).
Some trade and other names:
4-MMC, M-Cat, meow meow, miaow miaow, bounce, bubbles,
bubble
love, mad cow, plant food, drone, and neo doves
(o)
4-Methyl-alpha-pyrrolidinobutyrophenone.
Some trade and other names:
MPBP
(p)
Methylenedioxypyrovalerone
Some trade and other names:
MDPV, Bath salts, charge plus, cloud nine, hurricane
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Charlie, ivory wave, ocean, red dove, scarface, sonic,
white
dove, white lightning
(q)
5,6-Methylenedioxy-2-aminoindane
Some trade and other names:
MDAI
Woof-woof
(r) Naphyrone
(Naphthylpyrovalerone)
Some trade and other names:
NRG-1
Rave
(s) Pyrovalerone
(1-(4-Methylphenyl)-2-(1-pyrrolidinyl)-1-pentanone)
(t) Catha edulis; Catha
edulis; except as provided in subdivision (u) and section 7218, all
parts of the plant presently classified botanically as catha edulis, Catha
edulis, whether growing or not; the leaves and seeds of that plant;
any extract from any part of that plant; and every compound, salt, derivative,
mixture, or preparation of that plant or its leaves, seeds, or extracts.
Some trade and other names:
Khat
Qat
(u) Cathinone.
(v) Salvia divinorum; Salvia
divinorum; except as provided in subdivision (w), all parts of the
plant presently classified botanically as salvia
divinorum, Salvia divinorum, whether
growing or not; the leaves and seeds of that plant; any extract from any part
of that plant; and every compound, salt, derivative, mixture, or preparation of
that plant or its leaves, seeds, or extracts.
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(w) Salvinorin A.
(x) Synthetic
cathinones. As used in this subdivision, "synthetic cathinones"
includes any material, compound, mixture, or preparation that is not otherwise
listed as a controlled substance in this schedule or in schedules II 2 through V, 5, is not
approved by the federal food and drug
administration United States Food and Drug
Administration as a drug, and contains any quantity of the following
substances, their salts, isomers (whether optical, positional, or geometric),
homologues (analogs), and salts of isomers and homologues (analogs), unless
specifically excepted, whenever the existence of these salts, isomers,
homologues (analogs), and salts of isomers and homologues (analogs) is possible
within the specific chemical designation:
(i) Any compound containing a
2-amino-1-propanone structure with substitution at the 1-position with a
monocyclic or fused polycyclic ring system and a substitution at the nitrogen
atom by an alkyl group, cycloalkyl group, or incorporation into a heterocyclic
structure. Examples of this structural class include, but are not limited to,
dimethylcathinone, ethcathinone, and alpha-pyrrolidinopropiophenone.
(ii) Any compound containing a
2-amino-1-propanone structure with substitution at the 1-position with a
monocyclic or fused polycyclic ring system and a substitution at the 3-position
carbon with an alkyl, haloalkyl, or alkoxy group. Examples of this structural
class include, but are not limited to, naphyrone.
(iii) Any compound containing a
2-amino-1-propanone structure with substitution at the 1-position with a
monocyclic or fused polycyclic ring system and a substitution at any position
of the ring system with an alkyl, haloalkyl, halogen, alkylenedioxy, or
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alkoxy
group, whether or not further substituted at any position on the ring system to
any extent. Examples of this structural class include, but are not limited to,
mephedrone, methylone, and 3-fluoromethylone.
(2) Marihuana,
including pharmaceutical-grade cannabis, is a schedule 2 controlled substance
if it is manufactured, obtained, stored, dispensed, possessed, grown, or
disposed of in compliance with this act and as authorized by federal authority.
(3) Ibogaine that is used for research in an ibogaine grant program
under section 2222 and that is used in compliance with the requirements
described under section 2222 and the rules promulgated under section 2222 is
not considered a schedule 1 controlled substance for purposes of this article.
(4) Ibogaine that is prescribed and administered in compliance with the
requirements described under section 2222a is not considered a schedule 1
controlled substance for purposes of this article.
(5) (3) For
purposes of subsection (1), "isomer" includes the optical, position,
and geometric isomers.