Schedule V Tests

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

(1)the substance has a low potential for abuse relative to substances included in Schedule IV;

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

(3)abuse of the substance may lead to physical dependence or psychological dependence relative to the substances included in Schedule IV.

(b)DPHSS may add a substance to Schedule V without being required to make the findings required by Subsection

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