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Federal Analog Act

A controversial section of the Drug Enforcement Administration Controlled Substances Act, allowing any chemical "substantially similar" to an illegal drug (one in Schedule I or II) to be treated as if it were also in Schedule I, but only if it is intended for human consumption.

Definition

(32)

• (A) Except as provided in subparagraph (C), the term controlled substance analogue means a substance -
  • (i) the chemical structure of which is substantially similar to the chemical structure of a controlled substance in schedule I or II;
  • (ii) which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II; or
  • (iii) with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II.
• (B) The designation of gamma butyrolactone or any other chemical as a listed chemical pursuant to paragraph (34) or (35) does not preclude a finding pursuant to subparagraph (A) of this paragraph that the chemical is a controlled substance analogue.
• (C) Such term does not include -
  • (i) a controlled substance;
  • (ii) any substance for which there is an approved new drug application;
  • (iii) with respect to a particular person any substance, if an exemption is in effect for investigational use, for that person, under section 355 of this title to the extent conduct with respect to such substance is pursuant to such exemption; or
  • (iv) any substance to the extent not intended for human consumption before such an exemption takes effect with respect to that substance.

Interpretation

Originally there was no conjunction joining the three conditions of subparagraph (A), but later the word "or" was added, indicating that only one of the three conditions must be met for a substance to qualify as an analogue. Therefore a substance chemically similar to a controlled substance, but with no pharmacological effect or a completely different effect, would be an analogue; as well as a substance that bears no chemical or pharmacological resemblance to any schedule I or II drug, but is merely represented to. If you sold ordinary dextrose for the purpose of human consumption, but advertised it as being "like cocaine", you could be prosecuted as if the sugar were actually cocaine. On the other hand, none of this applies if the substance is not intended for human consumption.

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