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Billing Code 4410-09-P

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[DEA # 390P]

Controlled Substances:

2014 Proposed Aggregate Production Quota for Four Temporarily Controlled 

Synthetic Cannabinoids

AGENCY: Drug Enforcement Administration (DEA), Department of Justice.

ACTION: Notice of a proposed 2014 aggregate production quota for four synthetic 

cannabinoids.

SUMMARY: Four synthetic cannabinoids: quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate 

(PB-22; QUPIC); quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate (5-fluoro-PB-22; 5FPB-22); N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide 

(AB-FUBINACA); and N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-

carboxamide (ADB-PINACA) were temporarily placed in schedule I of the Controlled 

Substances Act (CSA) by a final order published by the DEA on February 10, 2014 (79 FR 

7577). This means that any manufacturer that wishes to manufacture PB-22, 5F-PB-22, ABFUBINACA, or ADB-PINACA after February 10, 2014, must be registered with the DEA and 

have obtained a manufacturing quota for PB-22, 5F-PB-22, AB-FUBINACA, or ADB-PINACA

pursuant to 21 CFR part 1303. 

The DEA cannot issue individual manufacturing quotas for PB-22, 5F-PB-22, ABFUBINACA, or ADB-PINACA unless and until it establishes an aggregate production quota. 

Therefore, this notice proposes a 2014 aggregate production quota for PB-22, 5F-PB-22, ABFUBINACA, and ADB-PINACA.
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DATES: Comments or objections should be received on or before [INSERT 30 DAYS 

FROM DATE OF PUBLICATION].

ADDRESSES: To ensure proper handling of comments, please reference “Docket No. 

DEA-390P” on all electronic and written correspondence. The DEA encourages that all 

comments be submitted electronically through www.regulations.gov using the electronic 

comment form provided on that site. An electronic copy of this document is also 

available at www.regulations.gov for easy reference. Paper comments that duplicate the 

electronic submission are not necessary as all comments submitted to 

www.regulations.gov will be posted for public review and are part of the official docket 

record. Written comments submitted via regular or express mail should be sent to the 

Drug Enforcement Administration, Attention: DEA Federal Register 

Representative/ODW, 8701 Morrissette Drive, Springfield, Virginia 22152.

FOR FURTHER INFORMATION CONTACT: Ruth A. Carter, Office of Diversion 

Control, Drug Enforcement Administration; Mailing Address: 8701 Morrissette Drive, 

Springfield, Virginia 22152, Telephone: (202) 598-6812.

SUPPLEMENTARY INFORMATION: 

Posting of Public Comments

The Freedom of Information Act applies to all comments received. All comments 

received are considered part of the public record and made available for public inspection 

online at www.regulations.gov and in the DEA's public docket. Such information 

includes personal identifying information (such as your name, address, etc.) voluntarily 

submitted by the commenter.

If you want to submit personal identifying information (such as your name, 

address, etc.) as part of your comment, but do not want it to be posted online or made 
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available in the public docket, you must include the phrase “PERSONAL IDENTIFYING 

INFORMATION” in the first paragraph of your comment. You must also place all the 

personal identifying information you do not want posted online or made available in the 

public docket in the first paragraph of your comment and identify what information you 

want redacted.

If you want to submit confidential business information as part of your comment, 

but do not want it to be posted online or made available in the public docket, you must 

include the phrase “CONFIDENTIAL BUSINESS INFORMATION” in the first 

paragraph of your comment. You must also prominently identify confidential business 

information to be redacted within the comment. If a comment has so much confidential 

business information that it cannot be effectively redacted, all or part of that comment 

may not be posted online or made available in the public docket.

Personal identifying information and confidential business information identified 

and located as set forth above will be redacted, and the comment, in redacted form, will 

be posted online and placed in the DEA's public docket file. 

If you wish to inspect the DEA's public docket file in person by appointment, 

please see the For Further Information Contact paragraph.

Background

Section 306 of the CSA (21 U.S.C. 826) requires that the Attorney General 

establish aggregate production quotas for each basic class of controlled substance listed 

in schedules I and II each year. This responsibility has been delegated to the 

Administrator of the DEA by 28 CFR 0.100. The Administrator, in turn, has redelegated 

this function to the Deputy Administrator, pursuant to 28 CFR 0.104.
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The DEA established the 2014 aggregate production quotas for substances in schedules I 

and II on September 9, 2013 (78 FR 55099). Subsequently, on January 10, 2014, the DEA 

published in the Federal Register a notice of intent to temporarily place four synthetic 

cannabinoids: quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate (PB-22; QUPIC); quinolin-8-yl 

1-(5-fluoropentyl)-1H-indole-3-carboxylate (5-fluoro-PB-22; 5F-PB-22); N-(1-amino-3-methyl1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (AB-FUBINACA); and N-(1-

amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide (ADB-PINACA) in 

schedule I of the CSA (79 FR 1776). On February 10, 2014, the DEA published in the Federal 

Register a final order to temporarily place these four synthetic cannabinoids in schedule I of the 

CSA (79 FR 7577), making all regulations pertaining to schedule I controlled substances 

applicable to the manufacture of these four synthetic cannabinoids, including the establishment 

of an aggregate production quota pursuant to 21 CFR 1303.11. 

PB-22, 5F-PB-22, AB-FUBINACA, and ADB-PINACA were non-controlled 

substances when the aggregate production quotas for schedule I and II substances were 

established, therefore, no aggregate production quotas for PB-22, 5F-PB-22, ABFUBINACA, and ADB-PINACA were established at that time. 

In determining the 2014 aggregate production quotas of these four cannabinoids, 

the Deputy Administrator considered the following factors in accordance with 21 U.S.C. 

826(a) and 21 CFR 1303.11: (1) Total estimated net disposal of each substance by all 

manufacturers; (2) estimated trends in the national rate of net disposal; (3) total estimated 

inventories of the basic class and of all substances manufactured from the class; (4) 

projected demand for each class as indicated by procurement quotas requested pursuant 

to 21 CFR 1303.12; and (5) other factors affecting medical, scientific, research, and 

industrial needs of the United States and lawful export requirements, as the Deputy 
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Administrator finds relevant. These quotas do not include imports of controlled 

substances for use in industrial processes.

The Deputy Administrator, therefore, proposes that the year 2014 aggregate 

production quotas for the following temporarily controlled schedule I controlled 

substances, expressed in grams of anhydrous acid or base, be established as follows:

Basic Class – Schedule I Proposed 2014 Quota

N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole3-carboxamide (ADB-PINACA)15 g

N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1Hindazole-3-carboxamide (AB-FUBINACA)15 g

quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate 

(5-fluoro-PB-22; 5F-PB-22)

15 g

quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate (PB-22; QUPIC) 15 g

Comments

Pursuant to 21 CFR 1303.11, any interested person may submit written comments 

on or objections to these proposed determinations. Based on comments received in 

response to this notice, the Deputy Administrator may hold a public hearing on one or 

more issues raised. In the event the Deputy Administrator decides in his sole discretion 

to hold such a hearing, the Deputy Administrator will publish a notice of any such 

hearing in the Federal Register. After consideration of any comments and after a hearing, 

if one is held, the Deputy Administrator will publish in the Federal Register a final order 

establishing the 2014 aggregate production quota for PB-22, 5F-PB-22, AB-FUBINACA, 

and ADB-PINACA.

___________________________ ______________________________

Dated: February 28, 2014 Thomas M. Harrigan

Deputy Administrator