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158. Regulation of the Federal Minister of Health on the placing on the market, the import and the introduction of smoking mixtures containing cannabinomimetically active substances
On the basis of § 5 (1) of the German Medicines Act, BGBl. No. 185/1983, as last amended by the Federal Law BGBl. I No 146/2009, shall be ordered:
§ 1. The placing on the market of smoking mixtures containing one or more of the substances referred to in the Annex shall be prohibited. The same applies to the import and the transport to Austria.
§ 2. § 1 shall not apply to products, substances or preparations which are placed on the market in accordance with the medicinal product or pharmacist regulations, and may be imported or brought to Austria.
§ 3. With the entry into force of this Regulation, the Regulation of the Federal Minister of Health concerning the placing on the market, the import, and the introduction of incense mixtures containing cannabinomimetically active substances shall take place, BGBl. II No 58/2009, except for force.
Stöger
Annex
Naphthoyl Indole and naphthylmethyl Indole :
Any substance which may be derived from the basic chemical structure of a 3-(1-naphthoyl) indole or 1H-indol-3-yl (1-naphthyl) methane, provided that:
(a) at the nitrogen position of the indole ring, a hydrogen, an alkyl, alkenyl, alkynyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl) ethyl side chain, in which one or more halogen atoms may also be present;
or
(b) has a hydrogen or any chemical substitution in the indole or aromatic ring system (in one or more places);
Naphthoylpyrroles :
Any substance which may be derived from the basic chemical structure of 3-(1-naphthoyl) pyrrole, provided that:
(a) at the nitrogen position of the pyrrole ring, a hydrogen, an alkyl, alkenyl, alkynyl, cycloalkylmethyl, cycloalkylethyl or 2- (4-morpholinyl) ethyl side chain, in which one or more halogen atoms may also be present;
or
(b) in the pyrrole or aromatic ring system (in one or more places), have a hydrogen or any chemical substitution;
Naphthylmethyl-Indene :
Any substance which may be derived from the basic chemical structure of 1-(1-naphthylmethyl) indene, provided that:
(a) at the 3-position of the Inden ring, a hydrogen, an alkyl, alkenyl, alkynyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl) ethyl side chain, in which one or more halogen atoms may also be present;
or
(b) has a hydrogen or any chemical substitution in the ring or aromatic ring system (in one or more places);
Phenylacetyl-Indole :
Any substance which can be derived from the basic chemical structure of 3-phenylacetylindole, provided that:
(a) at the nitrogen position of the indole ring, a hydrogen, an alkyl, alkenyl, alkynyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl) ethyl side chain, in which one or more halogen atoms may also be present;
or
(b) has a hydrogen or any chemical substitution in the indole or aromatic ring system (in one or more places);
Cyclohexyl-phenols :
Any substance which may be derived from the basic chemical structure of 2-(3-hydroxycyclohexyl) phenol, provided that:
(a) at the 5-position of the phenol ring a hydrogen, an alkyl, alkenyl, alkynyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl) ethyl side chain, in which one or more halogen atoms may also be present,
or
(b) at each (free) position of the cyclohexyl ring (at one or more places) has a hydrogen or any chemically possible substitution.