21 U.S.C. § 813 — Treatment of controlled substance analogues
submitted 40 years ago by Pub. L. 91-513 to r/title-21-FOOD-AND-DRUGS · 220 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
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.
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:
The marketing, advertising, and labeling of the substance.
The known efficacy or usefulness of the substance for the marketed, advertised, or labeled purpose.
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.
The diversion of the substance from legitimate channels and the clandestine importation, manufacture*, or distribution of the substance.
Whether the defendant knew or should have known the substance was intended to be consumed by injection, inhalation, ingestion, or any other immediate means.
Any controlled substance analogue that is manufactured, formulated, sold, distributed, or marketed with the intent to avoid the provisions of existing drug* laws.
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.
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; 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.)
- 1986Enacted · Pub. L. 91-513 · 100 Stat. 3207
- 1988Amended · Pub. L. 100-690 · 102 Stat. 4378
- 2018Amended · Pub. L. 115-271 · 132 Stat. 3950
A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-513 on 1986-10-27.
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