Sec. 203. treatment of controlled substance analogues
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## Sec. 203 treatment of controlled substance analogues **[**[21 U.S.C. 813](/us/usc/t21/s813)**]** ###
(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.
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Sec. 203
treatment of controlled substance analogues
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