Statutes, codes, and regulations
United States Code
Title 21 - FOOD AND DRUGSChapter 13 - DRUG ABUSE PREVENTION AND CONTROLSubchapter I - CONTROL AND ENFORCEMENT
Part B - AUTHORITY TO CONTROL; STANDARDS AND SCHEDULES
Section 813 - Treatment of controlled substance analogues

21 U.S.C. § 813

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Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 813 - Treatment of controlled substance analogues
(a) In general

A controlled substance analogue shall, to the extent intended for human consumption, be treated, for the purposes of any Federal law as a controlled substance in schedule I.

(b) Determination

In determining whether a controlled substance analogue was intended for human consumption under subsection (a), the following factors may be considered, along with any other relevant factors:

(1) The marketing, advertising, and labeling of the substance.
(2) The known efficacy or usefulness of the substance for the marketed, advertised, or labeled purpose.
(3) The difference between the price at which the substance is sold and the price at which the substance it is purported to be or advertised as is normally sold.
(4) The diversion of the substance from legitimate channels and the clandestine importation, manufacture, or distribution of the substance.
(5) Whether the defendant knew or should have known the substance was intended to be consumed by injection, inhalation, ingestion, or any other immediate means.
(6) Any controlled substance analogue that is manufactured, formulated, sold, distributed, or marketed with the intent to avoid the provisions of existing drug laws.
(c) Limitation

For purposes of this section, evidence that a substance was not marketed, advertised, or labeled for human consumption, by itself, shall not be sufficient to establish that the substance was not intended for human consumption.

21 U.S.C. § 813

Pub. L. 91-513, title II, §203, as added Pub. L. 99-570, title I, §1202, Oct. 27, 1986, 100 Stat. 3207-13; amended Pub. L. 100-690, title VI, §6470(c), Nov. 18, 1988, 102 Stat. 4378; Pub. L. 115-271, title III, §32413241,, 132 Stat. 3950.

EDITORIAL NOTES

REFERENCES IN TEXTSchedule I, referred to in subsec. (a), is set out in section 812(c) of this title.

AMENDMENTS2018- Pub. L. 115-271 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c). 1988- Pub. L. 100-690 substituted "any Federal law" for "this subchapter and subchapter II of this chapter".