Sec. 2. Enforcement
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The Controlled Substances Act ( 21 U.S.C. 801 et seq. ) is amended— in section 102(32), by striking subparagraph
(A)and inserting the following: Except as provided in subparagraph (C), the term controlled substance analogue means— a substance whose chemical structure is substantially similar to the chemical structure of a controlled substance in schedule I or II— which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II; or with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II; or a substance designated as a controlled substance analogue by the Controlled Substance Analogue Committee in accordance with section 201(i). ; and in section 201, by adding at the end the following: The Attorney General, in consultation with the Secretary of Health and Human Services, shall establish an interagency committee, to be known as the Controlled Substance Analogue Committee (referred to in this subsection as the Committee ). The Committee shall be— headed by the Administrator of the Drug Enforcement Administration; and comprised of scientific experts in the fields of chemistry and pharmacology from— the Drug Enforcement Administration; the National Institute on Drug Abuse; the Centers for Disease Control and Prevention; and any other Federal agency determined by the Attorney General, in consultation with the Secretary of Health and Human Services, to be appropriate. The Committee shall convene, on an as needed basis, to establish and maintain a list of controlled substance analogues. A substance may be designated as a controlled substance analogue by the Committee under this subsection if the substance is determined by the Committee to be similar to a schedule I or II controlled substance in either its chemical structure or its predictive effect on the body, in such a manner as to make it likely that the substance will, or can be reasonably expected to have a potential for abuse. Evidence of human consumption by an individual or the public at large is not necessary before a substance may be designated as a controlled substance analogue under this subsection. The Attorney General shall, through rulemaking, establish procedures of operation for the Committee. Not later than 30 days before each meeting of the Committee, the Attorney General shall submit to the Secretary of Health and Human Services a notice of the meeting of the Committee, which shall include— a list of the substances to be considered by the Committee during the meeting for designation as a controlled substance analogue; and a request for the Secretary of Health and Human Services to make a determination of whether an exemption or approval for each substance listed under clause
(i)is in effect under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ). Not later than 30 days after the date on which the Secretary of Health and Human Services receives notice under subparagraph (A), the Secretary shall submit to the Attorney General a written response to the request described under subparagraph (A)(ii). The Committee shall consider the response submitted by the Secretary of Health and Human Services in determining whether to designate a substance considered by the Committee at the meeting as a controlled substance analogue. The Attorney General shall publish in the Federal Register any designation made by the Committee under this subsection. The Administrator of the Drug Enforcement Administration shall publish, on the website of the Drug Enforcement Administration, a description of each designation made by the Committee under this subsection, which shall include— the chemical and common name of the controlled substance analogue; the effective date of the determination, as described in paragraph (6)(A); and any schedule I or II controlled substance that the Committee has determined a substance is an analogue of. A designation made by the Committee under this subsection shall take effect on the date that is 30 days after the date on which the designation is published in the Federal Register under paragraph (5)(A). If a substance designated as a controlled substance analogue by the Committee under this section is subsequently scheduled through a rulemaking proceeding under subsection (a), (d), or (h), the substance shall be automatically removed from the controlled substance analogue list. If a defendant challenges the designation of a controlled substance analogue made by the Committee under this subsection the issue shall be considered a question of law. . Section 111(b)(2)(B) of Public Law 102–395 ( 21 U.S.C. 886a(2)(B) ) is amended by inserting controlled substance analogues, after substances, .
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- Pub. L. 102-395
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