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2018 US Code
Title 21 - Food and Drugs
Chapter 13 - Drug Abuse Prevention and Control
Subchapter I - Control and Enforcement
Part B - Authority to Control; Standards and Schedules
Sec. 813 - Treatment of controlled substance analogues

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Citation 21 U.S.C. § 813 (2018)
Section Name §813. Treatment of controlled substance analogues
Section Text (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.

Source Credit

(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, §3241, Oct. 24, 2018, 132 Stat. 3950.)

Editorial Notes REFERENCES IN TEXT

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

AMENDMENTS

2018—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".

Publication Title United States Code, 2018 Edition, Title 21 - FOOD AND DRUGS
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part B - Authority To Control; Standards and Schedules
Sec. 813 - Treatment of controlled substance analogues
Contains section 813
Date 2018
Laws In Effect As Of Date January 14, 2019
Positive Law No
Disposition standard
Statutes at Large References 100 Stat. 3207-13
102 Stat. 4378
132 Stat. 3950
Public Law References Public Law 91-513, Public Law 99-570, Public Law 100-690, Public Law 115-271
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