(ii) in paragraph (2), by striking 
‘‘schedule I or II’’ and inserting ‘‘schedule 
I, II, or A’’; 
(B) in section 1003 (21 U.S.C. 953)— 
(i) in subsection (c), in the matter 
preceding paragraph (1), by striking 
‘‘schedule I or II’’ and inserting ‘‘schedule 
I, II, or A’’; and 
(ii) in subsection (d), by striking 
‘‘schedule I or II’’ and inserting ‘‘schedule 
I, II, or A’’; 
(C) in section 1004(1) (21 U.S.C. 954(1)), 
by striking ‘‘schedule I’’ and inserting ‘‘sched-
ule I or A’’; 
(D) in section 1005 (21 U.S.C. 955), by 
striking ‘‘schedule I or II’’ and inserting 
‘‘schedule I, II, or A’’; and 
(E) in section 1009(a) (21 U.S.C. 959(a)), 
by striking ‘‘schedule I or II’’ and inserting 
‘‘schedule I, II, or A’’. 
(g) CONTROLLED SUBSTANCE ANALOGUES.—Section 
102 of the Controlled Substances Act (21 U.S.C. 802) is 
amended— 
(1) in paragraph (6), by striking ‘‘or V’’ and in-
serting ‘‘V, or A’’; 
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(2) in paragraph (14)— 
(A) by striking ‘‘schedule I(c) and’’ and in-
serting ‘‘schedule I(c), schedule A, and’’; and 
(B) by striking ‘‘schedule I(c),’’ and insert-
ing ‘‘schedule I(c) and schedule A,’’; and 
(3) in paragraph (32)(A), by striking ‘‘(32)(A)’’ 
and all that follows through clause (iii) and inserting 
the following: 
‘‘(32)(A) Except as provided in subparagraph (C), 
the term ‘controlled substance analogue’ means a sub-
stance whose chemical structure is substantially similar to 
the chemical structure of a controlled substance in sched-
ule I or II— 
‘‘(i) which has a stimulant, depressant, or hal-
lucinogenic effect on the central nervous system that 
is substantially similar to or greater than the stimu-
lant, depressant, or hallucinogenic effect on the cen-
tral nervous system of a controlled substance in 
schedule I or II; or 
‘‘(ii) with respect to a particular person, which 
such person represents or intends to have a stimu-
lant, depressant, or hallucinogenic effect on the cen-
tral nervous system that is substantially similar to 
or greater than the stimulant, depressant, or hallu-
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cinogenic effect on the central nervous system of a 
controlled substance in schedule I or II.’’. 
(h) AMENDMENT
TO
THE
SENTENCING
GUIDE-
LINES.—Section 2D1.1 of the Federal Sentencing Guide-
lines is amended, in Application Note 6 (Analogues and 
Controlled Substances Not Referenced in this Guideline) 
of the Commentary, by striking ‘‘In determining the most 
closely related controlled substance, the court shall, to the 
extent practicable, consider the following:’’ and inserting 
the following: ‘‘In determining the most closely related 
controlled substance and the applicable guideline or drug 
equivalence, the court shall— 
‘‘(A) if Attorney General has provided 
guidance on the appropriate sentencing equiva-
lency or ratio to a controlled substance that is 
referenced in the guidelines through publication 
in the Federal Register (whether such guidance 
is included in or separate from any notice of 
proposed temporary or permanent scheduling of 
such substance under section 201 of the Con-
trolled Substances Act (21 U.S.C. 811)), apply 
any such sentencing equivalency or ratio; and 
‘‘(B) in the absence of guidance with re-
spect to a substance or group of substances as 
described in paragraph (A), use equivalencies 
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for the following structural classes of sub-
stances as if they were included on the Drug 
Equivalency Tables: 
‘‘Drug Class 
Marihuana Equivalency of 1 gm 
of subject substance 
Synthetic Opioids ............................
1 gm = 10 kg 
Synthetic Cannabinoids ..................
1 gm = 167 gm 
Synthetic Cathinones ......................
1 gm = 380 gm 
Tryptamine .....................................
1 gm = 80 gm 
Phenethylamines .............................
1 gm = 2.5 kg 
Piperazines .....................................
1 gm = 2 kg 
Benzofurans ....................................
1 gm = 500 gm 
Arylcyclohexylamines 
(PCP-like substances) .................
1 gm = 1 kg 
Methylphenidate analogs ................
1 gm = 100 gm 
Benzodiazepines ..............................
1 ‘unit’ (as defined in Note (F) to the 
Drug Quantity Table in 2D1.1) = 
0.0625 gm 
In the case of a substance for which paragraphs (A) 
and (B) above are not applicable, the court shall de-
termine an equivalency or ratio by considering the 
following factors, to the extent practicable:’’. 
(i) RULES OF CONSTRUCTION.—Nothing in this sec-
tion, or the amendments made by this section, may be con-
strued to limit— 
(1) the prosecution of offenses involving con-
trolled substance analogues under the Controlled 
Substances Act (21 U.S.C. 801 et seq.); or 
(2) the authority of the Attorney General to 
temporarily or permanently schedule, reschedule, or 
decontrol controlled substances under provisions of 
section 201 of the Controlled Substances Act (21 
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U.S.C. 811) that are in effect on the day before the 
date of enactment of this Act. 
(j) STUDY BY COMPTROLLER GENERAL.—Not later 
than 2 years after the date of enactment of this Act, the 
Comptroller General of the United States shall complete 
a study and submit a report to the Committees on the 
Judiciary of the House of Representatives and of the Sen-
ate regarding the costs associated with the amendments 
made by subsection (c), including— 
(1) the annual amounts expended by Federal 
agencies in carrying out the amendments; 
(2) the costs associated with arrests, trials, con-
victions, imprisonment, or imposition of other sanc-
tions in accordance with the amendments; and 
(3) the impact (including the fiscal impact) of 
the amendments on existing correctional facilities 
and the likelihood that those amendments will create 
a need for additional capacity for housing prisoners. 
Æ 
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