Sec. 9003. Temporary and permanent scheduling of schedule A substances
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Section 201 of the Controlled Substances Act ( 21 U.S.C. 811 ) is amended by adding at the end the following: The Attorney General may issue a temporary order adding a drug or substance to schedule A if the Attorney General finds that— the drug or other substance satisfies the criteria for being considered a schedule A substance; and adding such drug or substance to schedule A will assist in preventing abuse of the drug or other substance. A temporary scheduling order issued under paragraph
(1)shall not take effect until 30 days after the date of the publication by the Attorney General of a notice in the Federal Register of the intention to issue such order and the grounds upon which such order is to be issued. The temporary scheduling order shall expire not later than 5 years after the date it becomes effective, except that the Attorney General may, during the pendency of proceedings under paragraph (5), extend the temporary scheduling order for up to 180 days. A temporary scheduling order issued under paragraph
(1)shall be vacated upon the issuance of a permanent order issued under paragraph
(5)with regard to the same substance, or upon the subsequent issuance of any scheduling order under this section. A temporary scheduling order issued under paragraph
(1)shall not be subject to judicial review. Beginning no earlier than 3 years after issuing an order temporarily scheduling a drug or other substance under this subsection, the Attorney General may, by rule, issue a permanent order adding a drug or other substance to schedule A if such drug or substance satisfies the criteria for being considered a controlled substance in schedule A under this subsection, except as provided in subparagraph (B). If the Secretary has determined, based on relevant scientific studies and necessary data requested by the Secretary and gathered by the Attorney General, that a drug or other substance that has been temporarily placed in schedule A does not have sufficient potential for abuse to warrant control in any schedule, and so advises the Attorney General in writing, the Attorney General may not issue a permanent scheduling order under subparagraph
(A)and shall, within 30 days of receiving the Secretary’s advice issue an order immediately terminating the temporary scheduling order. Before initiating proceedings under paragraph (1), the Attorney General shall transmit notice of a temporary order proposed to be issued to the Secretary of Health and Human Services. In issuing an order under paragraph (1), the Attorney General shall take into consideration any comments submitted by the Secretary of Health and Human Services in response to a notice transmitted pursuant to this paragraph. On the date of the publication of a notice in the Federal Register pursuant to paragraph (2), the Attorney General shall transmit the same notice to Congress. The temporary scheduling order shall take effect according to paragraph (2), except that the temporary scheduling order may be disapproved by an Act of Congress within 180 days from the date of publication of the notice in the Federal Register. .
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Sec. 9003
Temporary and permanent scheduling of schedule A substances
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