Is MGM-16 Legal in New Hampshire? (2026)

Instrument

Definitions (Controlled Drug Act) -- “Controlled drug analog” definition (subparagraph VI-a) and supporting “Substantially similar in chemical structure” definition (subparagraph XXXI-a)

Source

https://gc.nh.gov/rsa/html/XXX/318-B/318-B-1.htm

Retrieved

2026-07-02

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318-B:1 Definitions. --

VI-a. (a) “Controlled drug analog” means a substance, however constituted, the chemical structure of which is derivative of, or substantially similar to that of a controlled drug and:

(1) Which has been shown in laboratory studies to bind with and activate the same central nervous receptors that are responsible for the psychoactive effects of a certain controlled drug or controlled drug class; or

(2) With respect to a particular person, which such person represents or intends to have similar psychoactive effects on the central nervous system as a controlled drug.

(b) “Controlled drug analog” shall not include:

(1) A controlled drug;

(2) Any substance for which there is an approved new drug application;

(3) With respect to a particular person, any substance, if an exemption is in effect for investigational use for that person under 21 U.S.C. section 355, to the extent conduct with respect to the substance is pursuant to such an exemption; or

(4) Any compound, mixture, or preparation that contains any controlled drug or controlled drug analog that is not for administration to a human being or animal, and that is packaged in such a form or concentration, or with adulterants or denaturants so that, as packaged, it does not present any significant potential for abuse.

XXXI-a. “Substantially similar in chemical structure” means that the substance in question shares a common core structure with a controlled drug, meaning that the "backbone" of the molecule is the same, and has no more than 2 points of divergence (additions, deletions, or substitutions) from the controlled drug, which may consist of a single atom or a functional group or some combination thereof. Functional groups are further defined as alkyl, alkenyl, alkynyl, ring structures (either homocyclic or heterocyclic, with or without additional attached functional groups), organic halides, alkoxy, alcohol, ether, amine, aldehyde, ketone, carboxylic acid, ester, amide, nitrile, nitro, sulfide, thiene, thioester, or thiol.

Instrument

Scheduling by the Commissioner

Source

https://gc.nh.gov/rsa/html/XXX/318-B/318-B-1-a.htm

Retrieved

2026-10-29

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318-B:1-a Scheduling by the Commissioner. –

I. The commissioner may add, delete, or reschedule all substances, by rule, pursuant to RSA 541-A, after hearing and after consulting with the pharmacy board. In making a determination regarding a substance, the commissioner shall consider the following:

(a) Actual or relative potential for abuse;

(b) Scientific evidence of its pharmacological effect, if known;

(c) State of current scientific knowledge regarding the substance;

(d) History and current pattern of abuse;

(e) Scope, duration, and significance of abuse;

(f) Risk to the public health;

(g) Potential of the substance to produce psychic or physical dependence liability; and

(h) Whether the substance is an immediate precursor of a substance already controlled under this chapter.

II. After considering the factors in paragraph I, the commissioner shall make findings relative to the substance and adopt a rule controlling the substance if he finds the substance has a potential for abuse.

III. In addition to the provisions of RSA 541-A, the commissioner shall give due notice of the time, place and purpose of all hearings required under this chapter to podiatrists, osteopaths, hospitals, pharmacists, physicians, dentists, veterinarians, advanced registered nurse practitioners, optometrists, laboratories, registered manufacturers, suppliers and to the general public by such means as he shall deem adequate. From and after the hearing date, the sale or dispensation (except by prescription) of a drug or chemical containing any quantity of such substance as is the subject matter of the hearing shall be suspended pending a determination as to whether such substance is to be designated as a controlled drug. Designation as a controlled drug shall result in the continued suspension of the sale or dispensation (except by prescription) of any drug or chemical containing any quantity of such substance until the effective date of the designation. The substance shall thereafter be a controlled drug subject to this chapter. If any substance is so designated, the commissioner shall publish the designation in a newspaper of general circulation in the state once each week for 3 successive weeks.

IV. Substances which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.

V. If any substance is designated, rescheduled, or deleted as a controlled substance under federal law and notice thereof is given to the commissioner, the commissioner shall similarly control the substance under this chapter after the expiration of 30 days from publication in the Federal Register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance, unless, within that 30 day period, the commissioner objects to inclusion, rescheduling, or deletion. In that case, the commissioner shall publish the reasons for objection and afford all interested persons an opportunity to be heard. At the conclusion of the hearing, the commissioner shall publish his decision, which shall be final unless altered by law. Upon publication of objection to inclusion, rescheduling, or deletion under this chapter by the commissioner, control under this chapter shall be stayed until the commissioner publishes his decision.

VI. Authority to control under this section shall not extend to distilled spirits, wine, malt beverages, or tobacco.

VII. Controlled drugs shall be scheduled by whatever official, common, usual, chemical or trade name designated.

VIII. The commissioner shall revise and republish the schedules in RSA 318-B:1-b semi-annually for 2 years from the effective date of this section, and thereafter annually.

Source.
 1985, 293:3. 1993, 333:4. 1994, 333:19. 1995, 310:183, eff. Nov. 1, 1995.

Instrument

Controlled drugs and controlled drug analog (definitions); acts prohibited

Source

https://gc.nh.gov/rsa/html/XXX/318-B/318-B-1.htm

Retrieved

2026-11-08

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VI. “Controlled drugs” means any drug or substance, or immediate precursor, which is scheduled pursuant to RSA 318-B:1-a.

VI-a. (a) “Controlled drug analog” means a substance, however constituted, the chemical structure of which is derivative of, or substantially similar to that of a controlled drug and:

(1) Which has been shown in laboratory studies to bind with and activate the same central nervous receptors that are responsible for the psychoactive effects of a certain controlled drug or controlled drug class; or

(2) With respect to a particular person, which such person represents or intends to have similar psychoactive effects on the central nervous system as a controlled drug.

(b) “Controlled drug analog” shall not include:

(1) A controlled drug;

(2) Any substance for which there is an approved new drug application;

(3) With respect to a particular person, any substance, if an exemption is in effect for investigational use for that person under 21 U.S.C. section 355, to the extent conduct with respect to the substance is pursuant to such an exemption; or

(4) Any compound, mixture, or preparation that contains any controlled drug or controlled drug analog that is not for administration to a human being or animal, and that is packaged in such a form or concentration, or with adulterants or denaturants so that, as packaged, it does not present any significant potential for abuse.

I. It shall be unlawful for any person to manufacture, possess, have under his control, sell, purchase, prescribe, administer, or transport or possess with intent to sell, dispense, or compound any controlled drug, or controlled drug analog, or any preparation containing a controlled drug, except as authorized in this chapter.