AN ACT to amend and reenact sections 19-03.1-05, 19-03.1-09, and 19-03.1-11 of the North Dakota Century Code, relating to the scheduling of controlled substances; and to declare an emergency.
SB 2064 updates North Dakota’s controlled-substances schedules by amending the state’s Schedule I, III, and IV lists in Chapter 19-03.1 of the Century Code. The bill adds and reorganizes numerous substances, including newly identified synthetic opioids, fentanyl analogs, nitazenes, synthetic cannabinoids, cathinones, hallucinogens, depressants, stimulants, and anabolic steroids. It also makes technical updates to existing entries, clarifies certain exclusions and FDA-approved products, and preserves the State Board of Pharmacy’s authority to exempt some low-abuse formulations by rule.
The measure is framed as an emergency act, meaning it takes effect immediately upon enactment rather than waiting for the normal effective date. In practical terms, it broadens and modernizes the state’s drug-control lists to better match emerging illicit drugs and federally controlled substances, which affects law enforcement, prosecutors, pharmacists, prescribers, manufacturers, and distributors. It also specifically references hemp-related THC exclusions, FDA-approved medications, and certain approved products such as dronabinol, COMP360 psilocybin, and other listed pharmaceutical formulations, helping distinguish regulated medicines from illicit substances.
The bill amends North Dakota Century Code sections 19-03.1-05, 19-03.1-09, and 19-03.1-11, expanding the statutory definitions and enumerated lists for Schedule I, Schedule III, and Schedule IV controlled substances. This changes what substances are prohibited or restricted under state law, and it may trigger criminal, licensing, dispensing, and enforcement consequences for possession, manufacture, distribution, or prescribing of newly listed drugs. The bill also reinforces carveouts for certain FDA-approved drugs, hemp-derived THC limits, and Board of Pharmacy rulemaking authority, which helps align state scheduling with evolving federal and public-health classifications.
The bill appears to have been broadly supported and noncontroversial in the legislative process. It passed the Senate and House overwhelmingly, with no recorded opposition in the available votes, and the Senate committee reported it out unanimously. The lack of recorded dissent suggests general agreement that the schedules needed updating to address emerging controlled substances and to keep state law current with drug trends and federal classifications.
No major contention is reflected in the available committee or floor records. The main policy issue inherent in the bill is the breadth of the scheduling updates: it adds many specific compounds and broad chemical classes, which can raise concerns about overbreadth, future-proofing, and the risk of capturing legitimate research or pharmaceutical compounds. At the same time, the bill includes exceptions for FDA-approved products and allows the Board of Pharmacy to exempt low-abuse formulations, indicating an effort to balance enforcement with medical and regulatory flexibility.