‘‘(3) If an applicant is registered to manufacture con-
trolled substances in schedule I or II under subsection (a), 
the applicant shall not be required to apply for a separate 
registration under this subsection. 
‘‘(l)(1) The Attorney General shall register an appli-
cant to distribute schedule A substances— 
‘‘(A) if the applicant demonstrates that the 
schedule A substances will be used for research, ana-
lytical, or industrial purposes approved by the Attor-
ney General; and 
‘‘(B) unless the Attorney General determines 
that the issuance of such registration is inconsistent 
with the public interest. 
‘‘(2) In determining the public interest under para-
graph (1)(B), the Attorney General shall consider— 
‘‘(A) maintenance of effective control against 
diversion of particular controlled substances into 
other than legitimate medical, scientific, and indus-
trial channels; 
‘‘(B) compliance with applicable State and local 
law; 
‘‘(C) prior conviction record of applicant under 
Federal or State laws relating to the manufacture, 
distribution, or dispensing of substances described in 
subparagraph (A); 
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‘‘(D) past experience in the distribution of con-
trolled substances; and 
‘‘(E) such other factors as may be relevant to 
and consistent with the public health and safety. 
‘‘(3) If an applicant is registered to distribute a con-
trolled substance in schedule I or II under subsection (b), 
the applicant shall not be required to apply for a separate 
registration under this subsection. 
‘‘(m)(1) Not later than 90 days after the date on 
which a substance is placed in schedule A, any practitioner 
who was engaged in research on the substance before the 
placement of the substance in schedule A and any manu-
facturer or distributor who was handling the substance be-
fore the placement of the substance in schedule A shall 
register with the Attorney General. 
‘‘(2)(A) Not later than 60 days after the date on 
which the Attorney General receives an application for 
registration to conduct research on a schedule A sub-
stance, the Attorney General shall— 
‘‘(i) grant, or initiate proceedings under section 
304(c) to deny, the application; or 
‘‘(ii) request supplemental information from the 
applicant. 
‘‘(B) Not later than 30 days after the date on which 
the Attorney General receives supplemental information 
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requested under subparagraph (A)(ii) in connection with 
an application described in subparagraph (A), the Attor-
ney General shall grant or deny the application.’’. 
(b) CONTROLLED SUBSTANCES IMPORT AND EXPORT 
ACT.—Section 1008 of the Controlled Substances Import 
and Export Act (21 U.S.C. 958) is amended by adding 
at the end the following: 
‘‘(j)(1) The Attorney General shall register an appli-
cant to import or export a schedule A substance if— 
‘‘(A) the applicant demonstrates that the sched-
ule A substances will be used for research, analyt-
ical, or industrial purposes approved by the Attorney 
General; and 
‘‘(B) the Attorney General determines that such 
registration is consistent with the public interest and 
with the United States obligations under inter-
national treaties, conventions, or protocols in effect 
on the date of enactment of this subsection. 
‘‘(2) In determining the public interest under para-
graph (1)(B), the Attorney General shall consider the fac-
tors described in subparagraphs (A) through (F) of sec-
tion 303(k)(2). 
‘‘(3) If an applicant is registered to import or export 
a controlled substance in schedule I or II under subsection 
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(a), the applicant shall not be required to apply for a sepa-
rate registration under this subsection.’’. 
SEC. 7. ADDITIONAL CONFORMING AMENDMENTS. 
(a) CONTROLLED
SUBSTANCES
ACT.—The Con-
trolled Substances Act (21 U.S.C. 801 et seq.) is amend-
ed— 
(1) in section 303(c) (21 U.S.C. 823(c))— 
(A) by striking ‘‘subsections (a) and (b)’’ 
and inserting ‘‘subsection (a), (b), (k), or (l)’’; 
and 
(B) by striking ‘‘schedule I or II’’ and in-
serting ‘‘schedule I, II, or A’’; 
(2) in section 306 (21 U.S.C. 826)— 
(A) in subsection (a), in the first sentence, 
by striking ‘‘schedules I and II’’ and inserting 
‘‘schedules I, II, and A’’; 
(B) in subsection (b), in the second sen-
tence, by striking ‘‘schedule I or II’’ and insert-
ing ‘‘schedule I, II, or A’’; 
(C) in subsection (c), in the first sentence, 
by striking ‘‘schedules I and II’’ and inserting 
‘‘schedules I, II, and A’’; 
(D) in subsection (d), in the first sentence, 
by striking ‘‘schedule I or II’’ and inserting 
‘‘schedule I, II, or A’’; 
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(E) in subsection (e), in the first sentence, 
by striking ‘‘schedule I or II’’ and inserting 
‘‘schedule I, II, or A’’; and 
(F) in subsection (f), in the first sentence, 
by striking ‘‘schedules I and II’’ and inserting 
‘‘schedules I, II, and A’’; 
(3) in section 308(a) (21 U.S.C. 828(a)), by 
striking ‘‘schedule I or II’’ and inserting ‘‘schedule 
I, II, or A’’; 
(4) in section 402(b) (21 U.S.C. 842(b)), in the 
matter preceding paragraph (1), by striking ‘‘sched-
ule I or II’’ and inserting ‘‘schedule I, II, or A’’; 
(5) in section 403(a)(1) (21 U.S.C. 843(a)(1)), 
by striking ‘‘schedule I or II’’ and inserting ‘‘sched-
ule I, II, or A’’; and 
(6) in section 511(f) (21 U.S.C. 881(f)), by 
striking ‘‘schedule I or II’’ each place it appears and 
inserting ‘‘schedule I, II, or A’’. 
(b) CONTROLLED SUBSTANCES IMPORT EXPORT 
ACT.—The Controlled Substances Import and Export Act 
(21 U.S.C. 951 et seq.) is amended— 
(1) in section 1002(a) (21 U.S.C. 952(a))— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘schedule I or II’’ and inserting 
‘‘schedule I, II, or A’’; and 
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(B) in paragraph (2), by striking ‘‘sched-
ule I or II’’ and inserting ‘‘schedule I, II, or 
A’’; 
(2) in section 1003 (21 U.S.C. 953)— 
(A) in subsection (c), in the matter pre-
ceding paragraph (1), by striking ‘‘schedule I or 
II’’ and inserting ‘‘schedule I, II, or A’’; and 
(B) in subsection (d), by striking ‘‘schedule 
I or II’’ and inserting ‘‘schedule I, II, or A’’; 
(3) in section 1004(1) (21 U.S.C. 954(1)), by 
striking ‘‘schedule I’’ and inserting ‘‘schedule I or 
A’’; 
(4) in section 1005 (21 U.S.C. 955), by striking 
‘‘schedule I or II’’ and inserting ‘‘schedule I, II, or 
A’’; and 
(5) in section 1009(a) (21 U.S.C. 959(a)), by 
striking ‘‘schedule I or II’’ and inserting ‘‘schedule 
I, II, or A’’. 
SEC. 8. 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’’; 
(2) in paragraph (14)— 
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(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-
cinogenic effect on the central nervous system of a 
controlled substance in schedule I or II.’’. 
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SEC. 9. AMENDMENT TO THE SENTENCING GUIDELINES. 
Section 2D1.1 of the Federal Sentencing Guidelines 
is amended, in Application Note 6 (Analogues and Con-
trolled 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 
for the following structural classes of sub-
stances as if they were included on the Drug 
Equivalency Tables: 
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‘‘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 sub-
stances).
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:’’. 
SEC. 10. RULES OF CONSTRUCTION. 
Nothing in this Act, or the amendments made by this 
Act, may be construed 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 
U.S.C. 811) that are in effect on the day before the 
date of enactment of this Act. 
Æ 
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