II 

113TH CONGRESS 

1ST SESSION S. 1323 

To address the continued threat posed by dangerous synthetic drugs by 

amending the Controlled Substances Act relating to controlled substance 

analogues. 

IN THE SENATE OF THE UNITED STATES 

JULY 18, 2013 

Mrs. FEINSTEIN (for herself, Ms. KLOBUCHAR, Mr. MANCHIN, and Mr. SCHUMER) introduced the following bill; which was read twice and referred to 

the Committee on the Judiciary 

A BILL 

To address the continued threat posed by dangerous synthetic drugs by amending the Controlled Substances Act 

relating to controlled substance analogues. 

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 ‘‘Protecting Our Youth 

5 from Dangerous Synthetic Drugs Act of 2013’’. 

6 SEC. 2. ENFORCEMENT. 

7 (a) IN GENERAL.—The Controlled Substances Act 

8 (21 U.S.C. 801 et seq.) is amended— 

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1 (1) in section 102(32), by striking subpara2 graph (A) and inserting the following: 

3 ‘‘(A) Except as provided in subparagraph (C), 

4 the term ‘controlled substance analogue’ means— 

5 ‘‘(i) a substance whose chemical structure 

6 is substantially similar to the chemical struc7 ture of a controlled substance in schedule I or 

8 II— 

9 ‘‘(I) which has a stimulant, depres10 sant, or hallucinogenic effect on the central 

11 nervous system that is substantially similar 

12 to or greater than the stimulant, depres13 sant, or hallucinogenic effect on the central 

14 nervous system of a controlled substance in 

15 schedule I or II; or 

16 ‘‘(II) with respect to a particular per17 son, which such person represents or in18 tends to have a stimulant, depressant, or 

19 hallucinogenic effect on the central nervous 

20 system that is substantially similar to or 

21 greater than the stimulant, depressant, or 

22 hallucinogenic effect on the central nervous 

23 system of a controlled substance in sched24 ule I or II; or 

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1 ‘‘(ii) a substance designated as a controlled 

2 substance analogue by the Controlled Substance 

3 Analogue Committee in accordance with section 

4 201(i).’’; and 

5 (2) in section 201, by adding at the end the fol6 lowing: 

7 ‘‘(i)(1) The Attorney General, in consultation with 

8 the Secretary of Health and Human Services, shall estab9 lish an interagency committee, to be known as the Con10 trolled Substance Analogue Committee (referred to in this 

11 subsection as the ‘Committee’). 

12 ‘‘(2) The Committee shall be— 

13 ‘‘(A) headed by the Administrator of the Drug 

14 Enforcement Administration; and 

15 ‘‘(B) comprised of scientific experts in the fields 

16 of chemistry and pharmacology from— 

17 ‘‘(i) the Drug Enforcement Administration; 

18 ‘‘(ii) the National Institute on Drug Abuse; 

19 ‘‘(iii) the Centers for Disease Control and 

20 Prevention; and 

21 ‘‘(iv) any other Federal agency determined 

22 by the Attorney General, in consultation with 

23 the Secretary of Health and Human Services, 

24 to be appropriate. 

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1 ‘‘(3)(A) The Committee shall convene, on an as need2 ed basis, to establish and maintain a list of controlled sub3 stance analogues. 

4 ‘‘(B) A substance may be designated as a controlled 

5 substance analogue by the Committee under this sub6 section if the substance is determined by the Committee 

7 to be similar to a schedule I or II controlled substance 

8 in either its chemical structure or its predictive effect on 

9 the body, in such a manner as to make it likely that the 

10 substance will, or can be reasonably expected to have a 

11 potential for abuse. 

12 ‘‘(C) Evidence of human consumption by an indi13 vidual or the public at large is not necessary before a sub14 stance may be designated as a controlled substance ana15 logue under this subsection. 

16 ‘‘(D) The Attorney General shall, through rule17 making, establish procedures of operation for the Com18 mittee. 

19 ‘‘(4)(A) Not later than 30 days before each meeting 

20 of the Committee, the Attorney General shall submit to 

21 the Secretary of Health and Human Services a notice of 

22 the meeting of the Committee, which shall include— 

23 ‘‘(i) a list of the substances to be considered by 

24 the Committee during the meeting for designation as 

25 a controlled substance analogue; and 

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1 ‘‘(ii) a request for the Secretary of Health and 

2 Human Services to make a determination of whether 

3 an exemption or approval for each substance listed 

4 under clause (i) is in effect under section 505 of the 

5 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

6 355). 

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

8 the Secretary of Health and Human Services receives no9 tice under subparagraph (A), the Secretary shall submit 

10 to the Attorney General a written response to the request 

11 described under subparagraph (A)(ii). The Committee 

12 shall consider the response submitted by the Secretary of 

13 Health and Human Services in determining whether to 

14 designate a substance considered by the Committee at the 

15 meeting as a controlled substance analogue. 

16 ‘‘(5)(A) The Attorney General shall publish in the 

17 Federal Register any designation made by the Committee 

18 under this subsection. 

19 ‘‘(B) The Administrator of the Drug Enforcement 

20 Administration shall publish, on the website of the Drug 

21 Enforcement Administration, a description of each des22 ignation made by the Committee under this subsection, 

23 which shall include— 

24 ‘‘(i) the chemical and common name of the con25 trolled substance analogue; 

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1 ‘‘(ii) the effective date of the determination, as 

2 described in paragraph (6)(A); and 

3 ‘‘(iii) any schedule I or II controlled substance 

4 that the Committee has determined a substance is 

5 an analogue of. 

6 ‘‘(6) A designation made by the Committee under this 

7 subsection shall take effect on the date that is 30 days 

8 after the date on which the designation is published in 

9 the Federal Register under paragraph (5)(A). 

10 ‘‘(7) If a substance designated as a controlled sub11 stance analogue by the Committee under this section is 

12 subsequently scheduled through a rulemaking proceeding 

13 under subsection (a), (d), or (h), the substance shall be 

14 automatically removed from the controlled substance ana15 logue list. 

16 ‘‘(8) If a defendant challenges the designation of a 

17 controlled substance analogue made by the Committee 

18 under this subsection the issue shall be considered a ques19 tion of law.’’. 

20 (b) FUNDING.—Section 111(b)(2)(B) of Public Law 

21 102–395 (21 U.S.C. 886a(2)(B)) is amended by inserting 

22 ‘‘controlled substance analogues,’’ after ‘‘substances,’’. 

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1 SEC. 3. IMPORTATION OF CONTROLLED SUBSTANCE ANA2 LOGUES. 

3 Section 1002 of the Controlled Substances Import 

4 and Export Act (21 U.S.C. 952) is amended— 

5 (1) by redesignating subsections (c) through (e) 

6 as subsections (d) through (f), respectively; and 

7 (2) by inserting after subsection (b) the fol8 lowing: 

9 ‘‘(c) It shall be unlawful to import into the customs 

10 territory of the United States from any place outside 

11 thereof (but within the United States), or to import into 

12 the United States from any place outside thereof, any con13 trolled substance analogue designated pursuant to section 

14 201(i) of the Controlled Substances Act (21 U.S.C. 

15 811(i)) unless the controlled substance analogue is im16 ported pursuant to such notification or declaration as the 

17 Attorney General may by regulation prescribe.’’. 

18 SEC. 4. DIRECTIVE TO SENTENCING COMMISSION. 

19 (a) IN GENERAL.—Pursuant to its authority under 

20 section 994 of title 28, United States Code, the United 

21 States Sentencing Commission shall review and, if appro22 priate, amend the Federal sentencing guidelines and policy 

23 statements to ensure the guidelines and policy statements 

24 provide adequate penalties for any offense involving the 

25 unlawful manufacturing, importing, exporting, or traf26 ficking of controlled substance analogues under part D of 

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1 the Controlled Substances Act (21 U.S.C. 841 et seq.) or 

2 part A of the Controlled Substances Import and Export 

3 Act (21 U.S.C. 951 et seq.) and similar offenses, including 

4 unlawful possession, possession with intent to commit any 

5 of the foregoing offenses, and attempt and conspiracy to 

6 commit any of the foregoing offenses. 

7 (b) COMMISSION DUTIES.—In carrying out this sec8 tion, the Sentencing Commission shall— 

9 (1) ensure that the sentences, guidelines, and 

10 policy statements relating to offenders convicted of 

11 these offenses are appropriately severe and reason12 ably consistent with other relevant directives and 

13 other Federal sentencing guidelines and policy state14 ments; 

15 (2) make any necessary conforming changes to 

16 the Federal sentencing guidelines; and 

17 (3) assure that the guidelines adequately meet 

18 the purposes of sentencing as set forth in section 

19 3553(a)(2) of title 18, United States Code. 

Æ 

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