May Dronabinol (Delta-9 Tetrahydrocannabinol, THC) be deleted from Schedule VI and added to Schedule II without the approval of the legislature by following the Administrative Procedures Act? ANSWER: No. 5-64-215. Marijuana, Controlled substances, drugs.

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 STEVE CLARK (501) 371-2007 ATTORNEY GENERAL ~ OPINION NO, 86-44 February 25, 1986 Ben N. Saltzman, M. D., Director Arkansas Department of Health 4815 West Markham Street Little Rock, AR 72201 Dear Dr. Saltzman: This is in response to your letter wherein you requested an opinion concerning the following question. May Dronabinol (Delta-9 Tetrahydrocannabinol, THC) be deleted from Schedule VI and added to Schedule II without the approval of the Legislature, by following the Administrative Procedure Act (§§ 5-701 - 5-714)? Ark. Stat. Ann, §82-2614 et seq establishes Schedule VI and includes therein controlled substances containing marijuana or tetrahydrocannabinol. Section 82-2614.2 in part provides that "the commissioner shall not delete the controlled substances listed in this section from Schedule VI." It would therefore not appear that the Commissioner (Director, Arkansas Department of Health) would be entitled to adminis-— tratively place tetrahydrocannabinol in a schedule other than Schedule VI. The foregoing opinion, which I hereby approve, was prepared by Special Assistant Attorney General George A. Harper. Attorney General JSC:GAH:jk