Schedule III Tests

(a)DPHSS shall add, in accordance with § 67.201(a), a substance to Schedule III upon finding that:

(1)the substance has a potential for abuse less than the substances included in Schedules I and II;

(2)the substance has currently accepted medical use in treatment in the United States; and

(3)abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.

(b)DPHSS may add a substance to Schedule III without making the findings required by Subsection

(a)if the substance is controlled under Schedule III of the Federal Controlled Substances Act by a Federal agency as the result of an international treaty, convention or protocol.