From: ebrandt@jarthur.claremont.edu (Eli Brandt)
Subject: Re: MDMA alternative?: a rat example
Organization: Harvey Mudd College, Claremont, CA 91711
Date: Sun, 12 Apr 1992 12:13:21 GMT

In article <qmtjkca.rcain@netcom.com> rcain@netcom.com (Robert Cain) writes:
>There has been mention here about an analog act.  Could anyone elaborate?
>Would this neat sounding 3a and 3b be covered?  I mean 3a and 3b don't
>sound very analogous to X to me.

I'm afraid structural similarity is not necessary.  I'll repost this;
maybe it needs to be in some FAQ.  See 1203 (32)A-ii...

For your reading pleasure, the Controlled Substance Analogue
Enforcement Act of 1986:

P.L. 99-570.  Title I, subtitle E.
Copied without permission.  I'll be damned if they can nail me for
reproducing laws that I pay to have them enforce upon me.

-------------------- begin quote; bracketed text is mine --------------------
SEC. 1201.  SHORT TITLE
   This subtitle may be cited as the "Controlled Substance Analogue
Enforcement Act of 1986".

SEC. 1202.  TREATMENT OF CONTROLLED SUBSTANCE ANALOGUES
   Part B of the Controlled Substances Act is amended by adding at the end
of the following new section: 		[sic?]

	        "TREATMENT OF CONTROLLED SUBSTANCE ANALOGUES"

   "SEC 203.  A controlled substance analogue shall, to the extent
intended for human consumption, be treated, for the purposes of this
title [Title I; "Enforcement"] and title III ["Interdiction"] as a
controlled substance in schedule I."

SEC 1203.  DEFINITION.

   Section 102 of the Controlled Substances Act (21 U.S.C. 802) is
amended by adding at the end thereof the following:
    "(32)(A) Except as provided in subparagraph (B), 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 stimulent, [sic] depressant, or hallucinogenic effect on the
      central nervous system of a controlled substance in schedule I or II;
        "(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) 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 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
      355) 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.".

SEC. 1204.  CLERICAL AMENDMENT.

   The table of contents of the Comprehensive Drug Abuse Prevention
and Control Sct of 1970 is amended by inserting after the item
relating to section 202 the following new item: "Sec. 203.  Treatment
of controlled substance analogues.".
------------------------------ end of Act ------------------------------ 

I'd love to hear from anybody with Lexis access who could find out
whether any cases have been tried under this monstrosity.

>Bob Cain    rcain@netcom.com   408-358-2007

   Eli   ebrandt@jarthur.claremont.edu