[Federal Register Volume 77, Number 40 (Wednesday, February 29, 2012)]
[Rules and Regulations]
[Page 12201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4916]



[[Page 12201]]

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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1308

[Docket No. DEA-345]


Schedules of Controlled Substances: Extension of Temporary 
Placement of Five Synthetic Cannabinoids Into Schedule I of the 
Controlled Substances Act

AGENCY: Drug Enforcement Administration, Department of Justice.

ACTION: Final order.

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SUMMARY: This Final Order is issued by the Administrator of the Drug 
Enforcement Administration (DEA) to extend the temporary scheduling of 
the five synthetic cannabinoids 1-pentyl-3-(1-naphthoyl)indole (JWH-
018), 1-butyl-3-(1-naphthoyl)indole (JWH-073), 1-[2-(4-
morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200), 5-(1,1-
dimethylheptyl)-2-(3-hydroxycyclohexyl)-phenol (CP-47,497), and 5-(1,1-
dimethyloctyl)-2-(3-hydroxycyclohexyl)-phenol (cannabicyclohexanol, CP-
47,497 C8 homologue) including their salts, isomers, and salts of 
isomers whenever the existence of such salts, isomers, and salts of 
isomers is possible, into Schedule I of the Controlled Substances Act 
(CSA). The temporary scheduling of these five synthetic cannabinoids is 
due to expire on February 29, 2012. This document will extend the 
temporary scheduling of these five synthetic cannabinoids to August 29, 
2012 or until rulemaking proceedings are completed, whichever comes 
first.

DATES: Effective Date: February 29, 2012.

FOR FURTHER INFORMATION CONTACT: Alan G. Santos, Associate Deputy 
Assistant Administrator, Office of Diversion Control, Drug Enforcement 
Administration; Mailing Address: 8701 Morrissette Drive, Springfield, 
Virginia 22152; Telephone: (202) 307-7165.

SUPPLEMENTARY INFORMATION: On March 1, 2011, the Administrator of the 
DEA published a Final Order in the Federal Register (76 FR 11075) 
amending 21 CFR 1308.11(g) to temporarily place these five synthetic 
cannabinoids into Schedule I of the CSA pursuant to the temporary 
scheduling provisions of 21 U.S.C. 811(h). This Final Order, which 
became effective on the date of publication, was based on findings by 
the Administrator of the DEA that the temporary scheduling of these 
five synthetic cannabinoids was necessary to avoid an imminent hazard 
to the public safety pursuant to 21 U.S.C. 811(h)(1). Section 201(h)(2) 
of the CSA (21 U.S.C. 811(h)(2)) requires that the temporary scheduling 
of a substance expire at the end of one year from the date of issuance 
of the order. However, during the pendency of proceedings under 21 
U.S.C. 811(a)(1) with respect to the substance, temporary scheduling of 
that substance may be extended for up to six months. Proceedings for 
the scheduling of a substance under 21 U.S.C. 811(a) may be initiated 
by the Attorney General (delegated to the Administrator of the DEA 
pursuant to 28 CFR 0.100) on his own motion, at the request of the 
Secretary of Health and Human Services,\1\ or on the petition of any 
interested party.
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    \1\ Because the Secretary of the Department of Health and Human 
Services has delegated to the Assistant Secretary for Health of the 
Department of Health and Human Services the authority to make 
domestic drug scheduling recommendations, for purposes of this Final 
Order, all subsequent references to ``Secretary'' have been replaced 
with ``Assistant Secretary.''
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    The DEA has gathered and reviewed the available information 
regarding the pharmacology, chemistry, trafficking, actual abuse, 
pattern of abuse and the relative potential for abuse for these five 
synthetic cannabinoids. On June 21, 2011 the Administrator of the DEA 
submitted a letter to the Assistant Secretary, requesting scientific 
and medical evaluations and scheduling recommendations for these five 
synthetic cannabinoids. In response to this letter, on the following 
dates the Assistant Secretary provided to DEA scientific and medical 
evaluations and recommendations that all five of these synthetic 
cannabinoids be placed in Schedule I: January 5, 2012 (1-pentyl-3-(1-
naphthoyl)indole (JWH-018)); February 6, 2012 (1-butyl-3-(1-
naphthoyl)indole (JWH-073)) and (1-[2-(4-morpholinyl)ethyl]-3-(1-
naphthoyl)indole (JWH-200)); February 13, 2012 5-(1,1-dimethylheptyl)-
2-(3-hydroxycyclohexyl)-phenol (CP-47,497), and 5-(1,1-dimethyloctyl)-
2-(3-hydroxycyclohexyl)-phenol (cannabicyclohexanol, CP-47,497 C8 
homologue). Proceedings regarding these five synthetic cannabinoids 
have been initiated in accordance with 21 U.S.C. 811(a)(1). Therefore, 
pursuant to 21 U.S.C. 811(h)(2), the Administrator of the DEA hereby 
orders that the temporary scheduling of 1-pentyl-3-(1-naphthoyl)indole 
(JWH-018), 1-butyl-3-(1-naphthoyl)indole (JWH-073), 1-[2-(4-
morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200), 5-(1,1-
dimethylheptyl)-2-(3-hydroxycyclohexyl)-phenol (CP-47,497), and 5-(1,1-
dimethyloctyl)-2-(3-hydroxycyclohexyl)-phenol (cannabicyclohexanol, CP-
47,497 C8 homologue) including their salts, isomers, and salts of 
isomers whenever the existence of such salts, isomers, and salts of 
isomers is possible, is extended to August 29, 2012, or until 
rulemaking proceedings are completed, whichever comes first.
    In accordance with this Final Order, the Schedule I requirements 
for handling (1-pentyl-3-(1-naphthoyl)indole (JWH-018), 1-butyl-3-(1-
naphthoyl)indole (JWH-073), 1-[2-(4-morpholinyl)ethyl]-3-(1-
naphthoyl)indole (JWH-200), 5-(1,1-dimethylheptyl)-2-(3-
hydroxycyclohexyl)-phenol (CP-47,497), and 5-(1,1-dimethyloctyl)-2-(3-
hydroxycyclohexyl)-phenol (cannabicyclohexanol, CP-47,497 C8 
homologue)) including their salts, isomers, and salts of isomers 
whenever the existence of such salts, isomers, and salts of isomers is 
possible, will remain in effect after February 29, 2012.
    Pursuant to the Small Business Regulatory Enforcement Fairness Act 
of 1996 (Congressional Review Act) (5 U.S.C. 801-808), DEA has 
submitted a copy of this Final Order to both Houses of Congress and to 
the Comptroller General.

    Dated: February 24, 2012.
Michele M. Leonhart,
Administrator.
[FR Doc. 2012-4916 Filed 2-28-12; 8:45 am]
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