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21 U.S.C. § 813 - U.S. Code - Unannotated Title 21. Food and Drugs § 813. Treatment of controlled substance analogues

Current as of January 01, 2024 | Updated by FindLaw Staff

(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.

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Cite this article: FindLaw.com - 21 U.S.C. § 813 - U.S. Code - Unannotated Title 21. Food and Drugs § 813. Treatment of controlled substance analogues - last updated January 01, 2024 | https://codes.findlaw.com/us/title-21-food-and-drugs/21-usc-sect-813/

Read this complete 21 U.S.C. § 813 - U.S. Code - Unannotated Title 21. Food and Drugs § 813. Treatment of controlled substance analogues on Westlaw

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