2021 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
| 21 U.S.C. § 813 (2021) |
| §813. Treatment of controlled substance analogues |
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(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) DeterminationIn 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. 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. |
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(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. 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". |
| United States Code, 2018 Edition, Supplement 3, Title 21 - FOOD AND DRUGS |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| 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 |
| section 813 |
| 2021 |
| January 3, 2022 |
| No |
| standard |
| 100 Stat. 3207-13 102 Stat. 4378 132 Stat. 3950 |
| Public Law 91-513, Public Law 99-570, Public Law 100-690, Public Law 115-271 |
