§ 813. Treatment of controlled substance analogues
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/usc/title-21/section-813A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.
(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.)
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Cited by 31 sections
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- Public Law 115–271To provide for opioid use disorder prevention, recovery, and treatment, and for other purposes
- Public Law 99–569To authorize appropriations for fiscal year 1987 for intelligence and intelligence-related activities of the United States Government, the Intelligence Community Staff, and the Central Intelligence Agency Retirement and Disability System, and for other purposes
- Public Law 100–690To prevent the manufacturing, distribution, and use of illegal drugs, and for other purposes
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- Sec. 2Controlled substance analogues
- Sec. 2Controlled substance analogues
- Sec. 2Controlled substance analogues
- Sec. 2Controlled substance analogues
- Sec. 2Controlled substance analogues
- Sec. 4Treatment of controlled substance analogues
- Sec. 2Controlled substance analogues
- Sec. 2Treatment of controlled substance analogues
- Sec. 12Controlled substance analogues
- Sec. 12Controlled substance analogues
- Sec. 2Controlled substance analogues
- Sec. 3241Controlled substance analogues
- Sec. 3402Controlled substance analogues
- Sec. 9012Controlled substance analogues
- Sec. 3241Controlled substance analogues
- Sec. 9012Controlled substance analogues
- Sec. 3241Controlled substance analogues
- Sec. 2Controlled substance analogues
- Sec. ?
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- Pub. L. 91–513, title II, § 203
- Pub. L. 99–570, title I, § 1202
- 100 Stat. 3207–13
- Pub. L. 100–690, title VI, § 6470(c)
- 102 Stat. 4378
- 132 Stat. 3950
- Pub. L. 100–690
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§ 813
Treatment of controlled substance analogues
Bills×19
Fed. Reg.×5
Stat.×3
Stat. Comp.×2
Pub. L.×1
U.S.C.×1
Pub. L.Pub. L. 91–513, title II, § 203
Pub. L.Pub. L. 99–570, title I, § 1202
Stat.100 Stat. 3207–13
Pub. L.Pub. L. 100–690, title VI, § 6470(c)
Stat.102 Stat. 4378
Cites 9 · showing 7Cited by 31 across 6 sources