II 

115TH CONGRESS 

1ST SESSION S. 1327 

To amend the Controlled Substances Act to clarify how controlled substance 

analogues are to be regulated, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 8, 2017 

Mr. GRASSLEY (for himself and Mrs. FEINSTEIN) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

To amend the Controlled Substances Act to clarify how controlled substance analogues are to be regulated, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop the Importation 

5 and Trafficking of Synthetic Analogues Act of 2017’’ or 

6 the ‘‘SITSA Act’’. 

7 SEC. 2. ESTABLISHMENT OF SCHEDULE A. 

8 Section 202 of the Controlled Substances Act (21 

9 U.S.C. 812) is amended— 


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1 (1) in subsection (a), by striking ‘‘five schedules 

2 of controlled substances, to be known as schedules I, 

3 II, III, IV, and V’’ and inserting ‘‘six schedules of 

4 controlled substances, to be known as schedules I, 

5 II, III, IV, V, and A’’; 

6 (2) in subsection (b), by adding at the end the 

7 following: 

8 ‘‘(6) SCHEDULE A.— 

9 ‘‘(A) IN GENERAL.—The drug or substance— 

10 ‘‘(i) has— 

11 ‘‘(I) a chemical structure that is sub12 stantially similar to the chemical structure 

13 of a controlled substance in schedule I, II, 

14 III, IV, or V; and 

15 ‘‘(II) an actual or predicted stimulant, 

16 depressant, or hallucinogenic effect on the 

17 central nervous system that is substantially 

18 similar to or greater than the stimulant, 

19 depressant, or hallucinogenic effect on the 

20 central nervous system of a controlled sub21 stance in schedule I, II, III, IV, or V; and 

22 ‘‘(ii) is not— 

23 ‘‘(I) listed or otherwise included in 

24 any other schedule in this section or by 

25 regulation of the Attorney General; and 


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1 ‘‘(II) with respect to a particular per2 son, subject to an exemption that is in ef3 fect for investigational use, for that person, 

4 under section 505 of the Federal Food, 

5 Drug, and Cosmetic Act (21 U.S.C. 355) 

6 to the extent conduct with respect to such 

7 substance is pursuant to such exemption. 

8 ‘‘(B) PREDICTED STIMULANT, DEPRESSANT, OR

9 HALLUCINOGENIC EFFECT.—For purpose of this 

10 paragraph, a predicted stimulant, depressant, or hal11 lucinogenic effect on the central nervous system may 

12 be based on— 

13 ‘‘(i) the chemical structure, structure activ14 ity relationships, binding receptor assays, or 

15 other relevant scientific information about the 

16 substance; 

17 ‘‘(ii)(I) the current or relative potential for 

18 abuse of the substance; and 

19 ‘‘(II) the clandestine importation, manu20 facture, or distribution, or diversion from legiti21 mate channels, of the substance; or 

22 ‘‘(iii) the capacity of the substance to 

23 cause a state of dependence, including physical 

24 or psychological dependence that is similar to or 


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1 greater than that of a controlled substance in 

2 schedule I, II, III, IV, or V.’’; and 

3 (3) in subsection (c)— 

4 (A) in the matter preceding schedule I, by 

5 striking ‘‘IV, and V’’ and inserting ‘‘IV, V, and 

6 A’’; and 

7 (B) by adding at the end the following: 

8 ‘‘SCHEDULE A

9 ‘‘(a) Unless specifically excepted or unless listed in 

10 another schedule, any of the following substances, as 

11 scheduled in accordance with section 201(k)(5): 

12 ‘‘(1) 4-fluoroisobutyryl fentanyl. 

13 ‘‘(2) Valeryl fentanyl. 

14 ‘‘(3) 4-methoxybutyryl fentanyl. 

15 ‘‘(4) 4-methylphenethyl acetyl fentanyl. 

16 ‘‘(5) 3-furanyl fentanyl. 

17 ‘‘(6) Ortho-fluorofentanyl. 

18 ‘‘(7) Tetrahydrofuranyl fentanyl. 

19 ‘‘(8) Ocfentanil. 

20 ‘‘(9) 4-fluorobutyryl fentanyl. 

21 ‘‘(10) Methoxyacetyl fentanyl. 

22 ‘‘(11) Meta-fluorofentanyl. 

23 ‘‘(12) Isobutyryl fentanyl. 

24 ‘‘(13) Acryl fentanyl.’’. 


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1 SEC. 3. TEMPORARY AND PERMANENT SCHEDULING OF 

2 SCHEDULE A SUBSTANCES. 

3 Section 201 of the Controlled Substances Act (21 

4 U.S.C. 811) is amended by adding at the end the fol5 lowing: 

6 ‘‘(k) TEMPORARY AND PERMANENT SCHEDULING OF

7 SCHEDULE A SUBSTANCES.— 

8 ‘‘(1) The Attorney General may issue a tem9 porary order adding a drug or substance to schedule 

10 A if the Attorney General finds that— 

11 ‘‘(A) the drug or other substance satisfies 

12 the criteria for being considered a schedule A 

13 substance; and 

14 ‘‘(B) adding such drug or substance to 

15 schedule A will assist in preventing abuse or 

16 misuse of the drug or other substance. 

17 ‘‘(2) A temporary scheduling order issued under 

18 paragraph (1) shall not take effect until 30 days 

19 after the date of the publication by the Attorney 

20 General of a notice in the Federal Register of the in21 tention to issue such order and the grounds upon 

22 which such order is to be issued. The temporary 

23 scheduling order shall expire not later than 5 years 

24 after the date it becomes effective, except that the 

25 Attorney General may, during the pendency of proVerDate Sep 11 2014 02:37 Jun 14, 2017 Jkt 069000 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1327.IS S1327

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1 ceedings under paragraph (5), extend the temporary 

2 scheduling order for up to 180 days. 

3 ‘‘(3) A temporary scheduling order issued under 

4 paragraph (1) shall be vacated upon the issuance of 

5 a permanent order issued under paragraph (5) with 

6 regard to the same substance, or upon the subse7 quent issuance of any scheduling order under this 

8 section. 

9 ‘‘(4) A temporary scheduling order issued under 

10 paragraph (1) shall not be subject to judicial review. 

11 ‘‘(5) The Attorney General may, by rule, issue 

12 a permanent order adding a drug or other substance 

13 to schedule A if such drug or substance satisfies the 

14 criteria for being considered a schedule A substance. 

15 Such rulemaking may be commenced simultaneously 

16 with the issuance of the temporary scheduling order 

17 issued under paragraph (1) with regard to the same 

18 substance. 

19 ‘‘(6) Before initiating proceedings under para20 graph (1) or (5), the Attorney General shall trans21 mit notice of an order proposed to be issued to the 

22 Secretary of Health and Human Services. In issuing 

23 an order under paragraph (1) or (5), the Attorney 

24 General shall take into consideration any comments 

25 submitted by the Secretary of Health and Human 


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1 Services in response to a notice transmitted pursu2 ant to this paragraph.’’. 

3 SEC. 4. PENALTIES. 

4 (a) CONTROLLED SUBSTANCES ACT.—The Con5 trolled Substances Act (21 U.S.C. 801 et seq.) is amend6 ed— 

7 (1) in section 401(b)(1) (21 U.S.C. 841(b)(1)), 

8 by adding at the end the following: 

9 ‘‘(F)(i) In the case of any controlled substance in 

10 schedule A, such person shall be sentenced to a term of 

11 imprisonment of not more than 10 years and if death or 

12 serious bodily injury results from the use of such sub13 stance shall be sentenced to a term of imprisonment of 

14 not more than 15 years, a fine not to exceed the greater 

15 of that authorized in accordance with the provisions of 

16 title 18, United States Code, or $500,000 if the defendant 

17 is an individual or $2,500,000 if the defendant is other 

18 than an individual, or both. 

19 ‘‘(ii) If any person commits such a violation after a 

20 prior conviction for a felony drug offense has become final, 

21 such person shall be sentenced to a term of imprisonment 

22 of not more than 20 years and if death or serious bodily 

23 injury results from the use of such substance shall be sen24 tenced to a term of imprisonment of not more than 30 

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1 ized in accordance with the provisions of title 18, United 

2 States Code, or $1,000,000 if the defendant is an indi3 vidual or $5,000,000 if the defendant is other than an in4 dividual, or both. 

5 ‘‘(iii) Any sentence imposing a term of imprisonment 

6 under this subparagraph shall, in the absence of such a 

7 prior conviction, impose a term of supervised release of 

8 not less than 2 years in addition to such term of imprison9 ment and shall, if there was such a prior conviction, im10 pose a term of supervised release of not less than 4 years 

11 in addition to such term of imprisonment.’’; 

12 (2) in section 403(a) (21 U.S.C. 843(a))— 

13 (A) in paragraph (8), by striking ‘‘or’’ at 

14 the end; 

15 (B) in paragraph (9), by striking the pe16 riod at the end and inserting ‘‘; or’’; and 

17 (C) by inserting after paragraph (9) the 

18 following: 

19 ‘‘(10) to export a substance in violation of the 

20 controlled substance laws of the country to which 

21 the substance is exported.’’; and 

22 (3) in section 404 (21 U.S.C. 844), by inserting 

23 after subsection (a) the following: 

24 ‘‘(b) A person shall not be subject to a criminal or 

25 civil penalty under this title or under any other Federal 


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1 law solely for possession of a schedule A controlled sub2 stance.’’. 

3 (b) CONTROLLED SUBSTANCES IMPORT AND EXPORT

4 ACT.—Section 1010(b) of the Controlled Substances Im5 port and Export Act (21 U.S.C. 960(b)) is amended by 

6 adding at the end the following: 

7 ‘‘(8) In the case of a violation under subsection (a) 

8 involving a controlled substance in schedule A, the person 

9 committing such violation shall be sentenced to a term of 

10 imprisonment of not more than 20 years and if death or 

11 serious bodily injury results from the use of such sub12 stance shall be sentenced to a term of imprisonment for 

13 any term of years or for life, a fine not to exceed the great14 er of that authorized in accordance with the provisions of 

15 title 18, United States Code, or $1,000,000 if the defend16 ant is an individual or $5,000,000 if the defendant is other 

17 than an individual, or both. If any person commits such 

18 a violation after a prior conviction for a felony drug of19 fense has become final, such person shall be sentenced to 

20 a term of imprisonment of not more than 30 years and 

21 if death or serious bodily injury results from the use of 

22 such substance shall be sentenced to a term of imprison23 ment for any term of years or for life, a fine not to exceed 

24 the greater of twice that authorized in accordance with 

25 the provisions of title 18, United States Code, or 


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1 $2,000,000 if the defendant is an individual or 

2 $10,000,000 if the defendant is other than an individual, 

3 or both. Notwithstanding section 3583 of title 18, United 

4 States Code, any sentence imposing a term of imprison5 ment under this paragraph shall, in the absence of such 

6 a prior conviction, impose a term of supervised release of 

7 not less than 3 years in addition to such term of imprison8 ment and shall, if there was such a prior conviction, im9 pose a term of supervised release of not less than 6 years 

10 in addition to such term of imprisonment. Notwith11 standing the prior sentence, and notwithstanding any 

12 other provision of law, the court shall not place on proba13 tion or suspend the sentence of any person sentenced 

14 under the provisions of this paragraph which provide for 

15 a mandatory term of imprisonment if death or serious 

16 bodily injury results.’’. 

17 SEC. 5. FALSE LABELING OF SCHEDULE A CONTROLLED 

18 SUBSTANCES. 

19 (a) IN GENERAL.—Section 305 of the Controlled 

20 Substances Act (21 U.S.C. 825) is amended by adding at 

21 the end the following: 

22 ‘‘(f) FALSE LABELING OF SCHEDULE A CON23 TROLLED SUBSTANCES.— 

24 ‘‘(1) It shall be unlawful to import, export, 

25 manufacture, distribute, dispense, or possess with 


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1 intent to manufacture, distribute, or dispense, a 

2 schedule A substance or product containing a sched3 ule A substance, unless the substance or product 

4 bears a label clearly identifying a schedule A sub5 stance or product containing a schedule A substance 

6 by the nomenclature used by the International 

7 Union of Pure and Applied Chemistry (IUPAC). 

8 ‘‘(2)(A) A product described in subparagraph 

9 (B) is exempt from the International Union of Pure 

10 and Applied Chemistry nomenclature requirement of 

11 this subsection if such product is labeled in the man12 ner required under the Federal Food, Drug, and 

13 Cosmetic Act. 

14 ‘‘(B) A product is described in this subpara15 graph if the product— 

16 ‘‘(i) is the subject of an approved applica17 tion as described in section 505(b) or (j) of the 

18 Federal Food, Drug, and Cosmetic Act; or 

19 ‘‘(ii) is exempt from the provisions of sec20 tion 505 of such Act relating to new drugs be21 cause— 

22 ‘‘(I) it is intended solely for investiga23 tional use as described in section 505(i) of 

24 such Act; and 


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1 ‘‘(II) such product is being used ex2 clusively for purposes of a clinical trial 

3 that is the subject of an effective investiga4 tional new drug application.’’. 

5 (b) PENALTIES.—Section 402 of the Controlled Sub6 stances Act (21 U.S.C. 842) is amended— 

7 (1) in subsection (a)(16), by inserting ‘‘or sub8 section (f)’’ after ‘‘subsection (e)’’; and 

9 (2) in subsection (c)(1)(D), by inserting ‘‘or a 

10 schedule A substance’’ after ‘‘anabolic steroid’’. 

11 SEC. 6. REGISTRATION REQUIREMENTS FOR HANDLERS OF 

12 SCHEDULE A SUBSTANCES. 

13 (a) CONTROLLED SUBSTANCES ACT.—Section 303 of 

14 the Controlled Substances Act (21 U.S.C. 823) is amend15 ed— 

16 (1) in subsection (f), in the undesignated mat17 ter following paragraph (5)— 

18 (A) by inserting ‘‘or A’’ after ‘‘schedule I’’ 

19 each place it appears; and 

20 (B) by adding at the end the following: ‘‘A 

21 separate registration for engaging in research 

22 with a controlled substance in schedule A for 

23 practitioners already registered under this part 

24 to engage in research with controlled substances 

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1 retary shall determine the merits of the re2 search protocol submitted by the practitioner 

3 registering to engage in research with a con4 trolled substance in schedule A, and the Attor5 ney General may deny or revoke the registra6 tion only on a ground specified in section 304.’’; 

7 and 

8 (2) by adding at the end the following: 

9 ‘‘(k)(1) The Attorney General shall register an appli10 cant to manufacture schedule A substances if— 

11 ‘‘(A) the applicant demonstrates that the sched12 ule A substances will be used for research, analyt13 ical, or industrial purposes approved by the Attorney 

14 General; and 

15 ‘‘(B) the Attorney General determines that such 

16 registration is consistent with the public interest and 

17 with the United States obligations under inter18 national treaties, conventions, or protocols in effect 

19 on the date of enactment of this subsection. 

20 ‘‘(2) In determining the public interest under para21 graph (1)(B), the Attorney General shall consider— 

22 ‘‘(A) maintenance of effective controls against 

23 diversion of particular controlled substances and any 

24 controlled substance in schedule A compounded 

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1 entific, research, or industrial channels, by limiting 

2 the importation and bulk manufacture of such con3 trolled substances to a number of establishments 

4 which can produce an adequate and uninterrupted 

5 supply of these substances under adequately com6 petitive conditions for legitimate medical, scientific, 

7 research, and industrial purposes; 

8 ‘‘(B) compliance with applicable State and local 

9 law; 

10 ‘‘(C) promotion of technical advances in the art 

11 of manufacturing substances described in subpara12 graph (A) and the development of new substances; 

13 ‘‘(D) prior conviction record of applicant under 

14 Federal and State laws relating to the manufacture, 

15 distribution, or dispensing of substances described in 

16 paragraph (A); 

17 ‘‘(E) past experience in the manufacture of con18 trolled substances, and the existence in the establish19 ment of effective control against diversion; and 

20 ‘‘(F) such other factors as may be relevant to 

21 and consistent with the public health and safety. 

22 ‘‘(3) If an applicant is registered to manufacture con23 trolled substances in schedule I or II under subsection (a), 

24 the applicant shall not be required to apply for a separate 

25 registration under this subsection. 


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1 ‘‘(l)(1) The Attorney General shall register an appli2 cant to distribute schedule A substances— 

3 ‘‘(A) if the applicant demonstrates that the 

4 schedule A substances will be used for research, ana5 lytical, or industrial purposes approved by the Attor6 ney General; and 

7 ‘‘(B) unless the Attorney General determines 

8 that the issuance of such registration is inconsistent 

9 with the public interest. 

10 ‘‘(2) In determining the public interest under para11 graph (1)(B), the Attorney General shall consider— 

12 ‘‘(A) maintenance of effective control against 

13 diversion of particular controlled substances into 

14 other than legitimate medical, scientific, and indus15 trial channels; 

16 ‘‘(B) compliance with applicable State and local 

17 law; 

18 ‘‘(C) prior conviction record of applicant under 

19 Federal or State laws relating to the manufacture, 

20 distribution, or dispensing of substances described in 

21 subparagraph (A); 

22 ‘‘(D) past experience in the distribution of con23 trolled substances; and 

24 ‘‘(E) such other factors as may be relevant to 

25 and consistent with the public health and safety. 


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1 ‘‘(3) If an applicant is registered to distribute a con2 trolled substance in schedule I or II under subsection (b), 

3 the applicant shall not be required to apply for a separate 

4 registration under this subsection. 

5 ‘‘(m)(1) Not later than 90 days after the date on 

6 which a substance is placed in schedule A, any practitioner 

7 who was engaged in research on the substance before the 

8 placement of the substance in schedule A and any manu9 facturer or distributor who was handling the substance be10 fore the placement of the substance in schedule A shall 

11 register with the Attorney General. 

12 ‘‘(2)(A) Not later than 60 days after the date on 

13 which the Attorney General receives an application for 

14 registration to conduct research on a schedule A sub15 stance, the Attorney General shall— 

16 ‘‘(i) grant, or initiate proceedings under section 

17 304(c) to deny, the application; or 

18 ‘‘(ii) request supplemental information from the 

19 applicant. 

20 ‘‘(B) Not later than 30 days after the date on which 

21 the Attorney General receives supplemental information 

22 requested under subparagraph (A)(ii) in connection with 

23 an application described in subparagraph (A), the Attor24 ney General shall grant or deny the application.’’. 


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1 (b) CONTROLLED SUBSTANCES IMPORT AND EXPORT

2 ACT.—Section 1008 of the Controlled Substances Import 

3 and Export Act (21 U.S.C. 958) is amended by adding 

4 at the end the following: 

5 ‘‘(j)(1) The Attorney General shall register an appli6 cant to import or export a schedule A substance if— 

7 ‘‘(A) the applicant demonstrates that the sched8 ule A substances will be used for research, analyt9 ical, or industrial purposes approved by the Attorney 

10 General; and 

11 ‘‘(B) the Attorney General determines that such 

12 registration is consistent with the public interest and 

13 with the United States obligations under inter14 national treaties, conventions, or protocols in effect 

15 on the date of enactment of this subsection. 

16 ‘‘(2) In determining the public interest under para17 graph (1)(B), the Attorney General shall consider the fac18 tors described in subparagraphs (A) through (F) of sec19 tion 303(k)(2). 

20 ‘‘(3) If an applicant is registered to import or export 

21 a controlled substance in schedule I or II under subsection 

22 (a), the applicant shall not be required to apply for a sepa23 rate registration under this subsection.’’. 


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1 SEC. 7. ADDITIONAL CONFORMING AMENDMENTS. 

2 (a) CONTROLLED SUBSTANCES ACT.—The Con3 trolled Substances Act (21 U.S.C. 801 et seq.) is amend4 ed— 

5 (1) in section 303(c) (21 U.S.C. 823(c))— 

6 (A) by striking ‘‘subsections (a) and (b)’’ 

7 and inserting ‘‘subsection (a), (b), (k), or (l)’’; 

8 and 

9 (B) by striking ‘‘schedule I or II’’ and in10 serting ‘‘schedule I, II, or A’’; 

11 (2) in section 306 (21 U.S.C. 826)— 

12 (A) in subsection (a), in the first sentence, 

13 by striking ‘‘schedules I and II’’ and inserting 

14 ‘‘schedules I, II, and A’’; 

15 (B) in subsection (b), in the second sen16 tence, by striking ‘‘schedule I or II’’ and insert17 ing ‘‘schedule I, II, or A’’; 

18 (C) in subsection (c), in the first sentence, 

19 by striking ‘‘schedules I and II’’ and inserting 

20 ‘‘schedules I, II, and A’’; 

21 (D) in subsection (d), in the first sentence, 

22 by striking ‘‘schedule I or II’’ and inserting 

23 ‘‘schedule I, II, or A’’; 

24 (E) in subsection (e), in the first sentence, 

25 by striking ‘‘schedule I or II’’ and inserting 

26 ‘‘schedule I, II, or A’’; and 


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1 (F) in subsection (f), in the first sentence, 

2 by striking ‘‘schedules I and II’’ and inserting 

3 ‘‘schedules I, II, and A’’; 

4 (3) in section 308(a) (21 U.S.C. 828(a)), by 

5 striking ‘‘schedule I or II’’ and inserting ‘‘schedule 

6 I, II, or A’’; 

7 (4) in section 402(b) (21 U.S.C. 842(b)), in the 

8 matter preceding paragraph (1), by striking ‘‘sched9 ule I or II’’ and inserting ‘‘schedule I, II, or A’’; 

10 (5) in section 403(a)(1) (21 U.S.C. 843(a)(1)), 

11 by striking ‘‘schedule I or II’’ and inserting ‘‘sched12 ule I, II, or A’’; and 

13 (6) in section 511(f) (21 U.S.C. 881(f)), by 

14 striking ‘‘schedule I or II’’ each place it appears and 

15 inserting ‘‘schedule I, II, or A’’. 

16 (b) CONTROLLED SUBSTANCES IMPORT EXPORT

17 ACT.—The Controlled Substances Import and Export Act 

18 (21 U.S.C. 951 et seq.) is amended— 

19 (1) in section 1002(a) (21 U.S.C. 952(a))— 

20 (A) in the matter preceding paragraph (1), 

21 by striking ‘‘schedule I or II’’ and inserting 

22 ‘‘schedule I, II, or A’’; and 

23 (B) in paragraph (2), by striking ‘‘sched24 ule I or II’’ and inserting ‘‘schedule I, II, or 

25 A’’; 


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1 (2) in section 1003 (21 U.S.C. 953)— 

2 (A) in subsection (c), in the matter pre3 ceding paragraph (1), by striking ‘‘schedule I or 

4 II’’ and inserting ‘‘schedule I, II, or A’’; and 

5 (B) in subsection (d), by striking ‘‘schedule 

6 I or II’’ and inserting ‘‘schedule I, II, or A’’; 

7 (3) in section 1004(1) (21 U.S.C. 954(1)), by 

8 striking ‘‘schedule I’’ and inserting ‘‘schedule I or 

9 A’’; 

10 (4) in section 1005 (21 U.S.C. 955), by striking 

11 ‘‘schedule I or II’’ and inserting ‘‘schedule I, II, or 

12 A’’; and 

13 (5) in section 1009(a) (21 U.S.C. 959(a)), by 

14 striking ‘‘schedule I or II’’ and inserting ‘‘schedule 

15 I, II, or A’’. 

16 SEC. 8. CLARIFICATION OF THE DEFINITION OF CON17 TROLLED SUBSTANCE ANALOGUE UNDER 

18 THE ANALOGUE ENFORCEMENT ACT. 

19 Section 102 of the Controlled Substances Act (21 

20 U.S.C. 802) is amended— 

21 (1) in paragraph (6), by striking ‘‘or V’’ and in22 serting ‘‘V, or A’’; 

23 (2) in paragraph (14)— 

24 (A) by striking ‘‘schedule I(c) and’’ and in25 serting ‘‘schedule I(c), schedule A, and’’; and 


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1 (B) by striking ‘‘schedule I(c),’’ and insert2 ing ‘‘schedule I(c) and schedule A,’’; and 

3 (3) in paragraph (32)(A), by striking ‘‘(32)(A)’’ 

4 and all that follows through clause (iii) and inserting 

5 the following: 

6 ‘‘(32)(A) Except as provided in subparagraph (C), 

7 the term ‘controlled substance analogue’ means a sub8 stance whose chemical structure is substantially similar to 

9 the chemical structure of a controlled substance in sched10 ule I or II— 

11 ‘‘(i) which has a stimulant, depressant, or hallucino12 genic effect on the central nervous system that is substan13 tially similar to or greater than the stimulant, depressant, 

14 or hallucinogenic effect on the central nervous system of 

15 a controlled substance in schedule I or II; or 

16 ‘‘(ii) with respect to a particular person, which such 

17 person represents or intends to have a stimulant, depres18 sant, or hallucinogenic effect on the central nervous sys19 tem that is substantially similar to or greater than the 

20 stimulant, depressant, or hallucinogenic effect on the cen21 tral nervous system of a controlled substance in schedule 

22 I or II.’’. 

23 SEC. 9. RULES OF CONSTRUCTION. 

24 Nothing in this Act, or the amendments made by this 

25 Act, may be construed to limit— 


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1 (1) the prosecution of offenses involving con2 trolled substance analogues under the Controlled 

3 Substances Act (21 U.S.C. 801 et seq.); or 

4 (2) the authority of the Attorney General to 

5 temporarily or permanently schedule, reschedule, or 

6 decontrol controlled substances under provisions of 

7 section 201 of the Controlled Substances Act (21 

8 U.S.C. 811) that are in effect on the day before the 

9 date of enactment of this Act. 

Æ 


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