§ 813. Treatment of controlled substance analogues

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1986

   Comprehensive Drug Abuse Prevention and Control Act of 1970

   Pub. L. 91–513 title II § 203 · 84 Stat. 1236

   Enacted · 21 U.S.C. § 813

   Pub. L. 91–513, title II, § 203, as added Pub. L. 99–570, title I, § 1202, Oct. 27, 1986, 100 Stat. 3207–13

   Source evidence

   Code source credit
   Pub. L. 91–513, title II, § 203, as added Pub. L. 99–570, title I, § 1202, Oct. 27, 1986, 100 Stat. 3207–13

2. 1988

   Anti-Drug Abuse Amendments Act of 1988

   Pub. L. 100–690 title VI § 6470(c) · 102 Stat. 4181

   Substituted · 21 U.S.C. § 813

   Pub. L. 100–690 substituted “any Federal law” for “this subchapter and subchapter II of this chapter”

   Source evidence

   Code amendment note
   Pub. L. 100–690 substituted “any Federal law” for “this subchapter and subchapter II of this chapter”.

   Enacted provision · exact public law section
   (c) Clarification of Controlled Substance Analogue Provision.— Section 203 of the Controlled Substances Act (21 U.S.C. 813) is amended by striking “this title and title III” and inserting “any Federal law”.

3. 2018

   Substance Use–Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act

   Pub. L. 115–271 title III § 3241 · 132 Stat. 3894

   1. Amended · 21 U.S.C. § 813

      Pub. L. 115–271 designated existing provisions as subsec. (a)

   2. Inserted · 21 U.S.C. § 813

      Pub. L. 115–271 inserted heading

   3. Added · 21 U.S.C. § 813

      Pub. L. 115–271 added subsecs. (b) and (c)

   Source evidence

   Code amendment note
   Pub. L. 115–271 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c).

   Enacted provision · exact public law section
   SEC. 3241. CONTROLLED SUBSTANCE ANALOGUES.   Section 203 of the Controlled Substances Act (21 U.S.C. 813) is amended— (1) by striking “A controlled” and inserting “(a) In General.—A controlled”; and (2) by adding at the end the following: “(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.” .

4 of 5 references resolved to an enrolled provision · 1 partial