21 U.S.C. § 813 — Treatment of controlled substance analogues

(a) In general. To the extent a controlled-substance analogue is intended for human consumption, every federal law treats it as a Schedule I controlled substance^*.

(b) Determination. To decide whether the analogue was intended for human consumption, decision makers may consider these factors and any other relevant factors: (1) how it was marketed, advertised, and labeled; (2) its known effectiveness or usefulness for the purpose stated in the marketing, advertising, or label; (3) the difference between its selling price and the usual price of the substance it claims or is advertised to be; (4) diversion from legitimate channels and secret importation, manufacture^*, or distribution; (5) whether the defendant knew or should have known it was meant to be consumed by injection, inhalation, ingestion, or another immediate method; and (6) whether it was made, formulated, sold, distributed, or marketed to avoid existing drug^* laws.

(c) Limitation. The fact that a substance was not marketed, advertised, or labeled for human consumption, by itself, is not enough to establish that it was not intended for human consumption.