IIB 
115TH CONGRESS 
2D SESSION 
H. R. 2851 
IN THE SENATE OF THE UNITED STATES 
JUNE 18, 2018 
Received; read twice and referred to the Committee on the Judiciary 
AN ACT 
To amend the Controlled Substances Act to clarify how con-
trolled substance analogues are to be regulated, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Stop the Importation 
and Trafficking of Synthetic Analogues Act of 2017’’ or 
the ‘‘SITSA Act’’. 
SEC. 2. ESTABLISHMENT OF SCHEDULE A. 
Section 202 of the Controlled Substances Act (21 
U.S.C. 812) is amended— 
(1) in subsection (a), by striking ‘‘five schedules 
of controlled substances, to be known as schedules I, 
II, III, IV, and V’’ and inserting ‘‘six schedules of 
controlled substances, to be known as schedules I, 
II, III, IV, V, and A’’; 
(2) in subsection (b), by adding at the end the 
following: 
‘‘(6) SCHEDULE A.— 
‘‘(A) IN GENERAL.—The drug or substance— 
‘‘(i) has— 
‘‘(I) a chemical structure that is sub-
stantially similar to the chemical structure 
of a controlled substance in schedule I, II, 
III, IV, or V; and 
‘‘(II) an actual or predicted stimulant, 
depressant, or hallucinogenic effect on the 
central nervous system that is substantially 
similar to or greater than the stimulant, 
depressant, or hallucinogenic effect on the 
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central nervous system of a controlled sub-
stance in schedule I, II, III, IV, or V; and 
‘‘(ii) is not— 
‘‘(I) listed or otherwise included in 
any other schedule in this section or by 
regulation of the Attorney General; and 
‘‘(II) with respect to a particular per-
son, subject to an exemption that is in ef-
fect for investigational use, for that person, 
under section 505 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 355) 
to the extent conduct with respect to such 
substance is pursuant to such exemption. 
‘‘(B) PREDICTED STIMULANT, DEPRESSANT, OR 
HALLUCINOGENIC
EFFECT.—For purpose of this 
paragraph, a predicted stimulant, depressant, or hal-
lucinogenic effect on the central nervous system may 
be based on— 
‘‘(i) the chemical structure and— 
‘‘(I) the structure activity relation-
ships; or 
‘‘(II) binding receptor assays and 
other relevant scientific information about 
the substance; 
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‘‘(ii)(I) the current or relative potential for 
abuse of the substance; and 
‘‘(II) the clandestine importation, manu-
facture, or distribution, or diversion from legiti-
mate channels, of the substance; or 
‘‘(iii) the capacity of the substance to 
cause a state of dependence, including physical 
or psychological dependence that is similar to or 
greater than that of a controlled substance in 
schedule I, II, III, IV, or V.’’; and 
(3) in subsection (c), in the matter preceding 
schedule I, by striking ‘‘IV, and V’’ and inserting 
‘‘IV, V, and A’’. 
SEC. 3. TEMPORARY AND PERMANENT SCHEDULING OF 
SCHEDULE A SUBSTANCES. 
Section 201 of the Controlled Substances Act (21 
U.S.C. 811) is amended by adding at the end the fol-
lowing: 
‘‘(k) TEMPORARY AND PERMANENT SCHEDULING OF 
SCHEDULE A SUBSTANCES.— 
‘‘(1) The Attorney General may issue a tem-
porary order adding a drug or substance to schedule 
A if the Attorney General finds that— 
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‘‘(5)(A) Beginning no earlier than 3 years after 
issuing an order temporarily scheduling a drug or 
other substance under this subsection, the Attorney 
General may, by rule, issue a permanent order add-
ing a drug or other substance to schedule A if such 
drug or substance satisfies the criteria for being con-
sidered a controlled substance in schedule A under 
this subsection, except as provided in subparagraph 
(B). 
‘‘(B) If the Secretary has determined, based on 
relevant scientific studies and necessary data re-
quested by the Secretary and gathered by the Attor-
ney General, that a drug or other substance that has 
been temporarily placed in schedule A does not have 
sufficient potential for abuse to warrant control in 
any schedule, and so advises the Attorney General in 
writing, the Attorney General may not issue a per-
manent scheduling order under subparagraph (A) 
and shall, within 30 days of receiving the Secretary’s 
advice issue an order immediately terminating the 
temporary scheduling order. 
‘‘(6) Before initiating proceedings under para-
graph (1), the Attorney General shall transmit no-
tice of a temporary order proposed to be issued to 
the Secretary of Health and Human Services. In 
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issuing an order under paragraph (1), the Attorney 
General shall take into consideration any comments 
submitted by the Secretary of Health and Human 
Services in response to a notice transmitted pursu-
ant to this paragraph. 
‘‘(7) On the date of the publication of a notice 
in the Federal Register pursuant to paragraph (2), 
the Attorney General shall transmit the same notice 
to Congress. The temporary scheduling order shall 
take effect according to paragraph (2), except that 
the temporary scheduling order may be disapproved 
by an Act of Congress within 180 days from the 
date of publication of the notice in the Federal Reg-
ister.’’. 
SEC. 4. PENALTIES. 
(a) CONTROLLED
SUBSTANCES
ACT.—The Con-
trolled Substances Act (21 U.S.C. 801 et seq.) is amend-
ed— 
(1) in section 401(b)(1) (21 U.S.C. 841(b)(1)), 
by adding at the end the following: 
‘‘(F)(i) In the case of any controlled substance in 
schedule A, such person shall be sentenced to a term of 
imprisonment of not more than 10 years and if death or 
serious bodily injury results from the use of such sub-
stance shall be sentenced to a term of imprisonment of 
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not more than 15 years, a fine not to exceed the greater 
of that authorized in accordance with the provisions of 
title 18, United States Code, or $500,000 if the defendant 
is an individual or $2.5 million if the defendant is other 
than an individual, or both. 
‘‘(ii) If any person commits such a violation after a 
prior conviction for a felony drug offense has become final, 
such person shall be sentenced to a term of imprisonment 
of not more than 20 years and if death or serious bodily 
injury results from the use of such substance shall be sen-
tenced to a term of imprisonment of not more than 30 
years, a fine not to exceed the greater of twice that author-
ized in accordance with the provisions of title 18, United 
States Code, or $1 million if the defendant is an individual 
or $5 million if the defendant is other than an individual, 
or both. 
‘‘(iii) Any sentence imposing a term of imprisonment 
under this subparagraph shall, in the absence of such a 
prior conviction, impose a term of supervised release of 
not less than 2 years in addition to such term of imprison-
ment and shall, if there was such a prior conviction, im-
pose a term of supervised release of not less than 4 years 
in addition to such term of imprisonment.’’; 
(2) in section 403(a) (21 U.S.C. 843(a))— 
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(A) in paragraph (8), by striking ‘‘or’’ at 
the end; 
(B) in paragraph (9), by striking the pe-
riod at the end and inserting ‘‘; or’’; and 
(C) by inserting after paragraph (9) the 
following: 
‘‘(10) to export a substance in violation of the 
controlled substance laws of the country to which 
the substance is exported.’’; and 
(3) in section 404 (21 U.S.C. 844), by inserting 
after subsection (a) the following: 
‘‘(b) A person shall not be subject to a criminal or 
civil penalty under this title or under any other Federal 
law solely for possession of a schedule A controlled sub-
stance.’’. 
(b) CONTROLLED SUBSTANCES IMPORT AND EXPORT 
ACT.—Section 1010(b) of the Controlled Substances Im-
port and Export Act (21 U.S.C. 960(b)) is amended by 
adding at the end the following: 
‘‘(8) In the case of a violation under subsection (a) 
involving a controlled substance in schedule A, the person 
committing such violation shall be sentenced to a term of 
imprisonment of not more than 20 years and if death or 
serious bodily injury results from the use of such sub-
stance shall be sentenced to a term of imprisonment of 
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not more than life, a fine not to exceed the greater of that 
authorized in accordance with the provisions of title 18, 
United States Code, or $1 million if the defendant is an 
individual or $5 million if the defendant is other than an 
individual, or both. If any person commits such a violation 
after a prior conviction for a felony drug offense has be-
come final, such person shall be sentenced to a term of 
imprisonment of not more than 30 years and if death or 
serious bodily injury results from the use of such sub-
stance shall be sentenced to not more than life imprison-
ment, a fine not to exceed the greater of twice that author-
ized in accordance with the provisions of title 18, United 
States Code, or $2 million if the defendant is an individual 
or $10 million if the defendant is other than an individual, 
or both. Notwithstanding section 3583 of title 18, United 
States Code, any sentence imposing a term of imprison-
ment under this paragraph shall, in the absence of such 
a prior conviction, impose a term of supervised release of 
not less than 3 years in addition to such term of imprison-
ment and shall, if there was such a prior conviction, im-
pose a term of supervised release of not less than 6 years 
in addition to such term of imprisonment. Notwith-
standing the prior sentence, and notwithstanding any 
other provision of law, the court shall not place on proba-
tion or suspend the sentence of any person sentenced 
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under the provisions of this paragraph which provide for 
a mandatory term of imprisonment if death or serious 
bodily injury results.’’. 
SEC. 5. FALSE LABELING OF SCHEDULE A CONTROLLED 
SUBSTANCES. 
(a) IN GENERAL.—Section 305 of the Controlled 
Substances Act (21 U.S.C. 825) is amended by adding at 
the end the following: 
‘‘(f) FALSE
LABELING
OF
SCHEDULE
A CON-
TROLLED SUBSTANCES.— 
‘‘(1) It shall be unlawful to import, export, 
manufacture, distribute, dispense, or possess with 
intent to manufacture, distribute, or dispense, a 
schedule A substance or product containing a sched-
ule A substance, unless the substance or product 
bears a label clearly identifying a schedule A sub-
stance or product containing a schedule A substance 
by the nomenclature used by the International 
Union of Pure and Applied Chemistry (IUPAC). 
‘‘(2)(A) A product described in subparagraph 
(B) is exempt from the International Union of Pure 
and Applied Chemistry nomenclature requirement of 
this subsection if such product is labeled in the man-
ner required under the Federal Food, Drug, and 
Cosmetic Act. 
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‘‘(B) A product is described in this subpara-
graph if the product— 
‘‘(i) is the subject of an approved applica-
tion as described in section 505(b) or (j) of the 
Federal Food, Drug, and Cosmetic Act; or 
‘‘(ii) is exempt from the provisions of sec-
tion 505 of such Act relating to new drugs be-
cause— 
‘‘(I) it is intended solely for investiga-
tional use as described in section 505(i) of 
such Act; and 
‘‘(II) such product is being used ex-
clusively for purposes of a clinical trial 
that is the subject of an effective investiga-
tional new drug application.’’. 
(b) PENALTIES.—Section 402 of the Controlled Sub-
stances Act (21 U.S.C. 842) is amended— 
(1) in subsection (a)(16), by inserting ‘‘or sub-
section (f)’’ after ‘‘subsection (e)’’; and 
(2) in subsection (c)(1)(D), by inserting ‘‘or a 
schedule A substance’’ after ‘‘anabolic steroid’’. 
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SEC. 6. REGISTRATION REQUIREMENTS FOR HANDLERS OF 
SCHEDULE A SUBSTANCES. 
(a) CONTROLLED SUBSTANCES ACT.—Section 303 of 
the Controlled Substances Act (21 U.S.C. 823) is amend-
ed by adding at the end the following: 
‘‘(k)(1) The Attorney General shall register an appli-
cant to manufacture schedule A substances 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— 
‘‘(A) maintenance of effective controls against 
diversion of particular controlled substances and any 
controlled substance in schedule A compounded 
therefrom into other than legitimate medical, sci-
entific, research, or industrial channels, by limiting 
the importation and bulk manufacture of such con-
trolled substances to a number of establishments 
which can produce an adequate and uninterrupted 
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supply of these substances under adequately com-
petitive conditions for legitimate medical, scientific, 
research, and industrial purposes; 
‘‘(B) compliance with applicable State and local 
law; 
‘‘(C) promotion of technical advances in the art 
of manufacturing substances described in subpara-
graph (A) and the development of new substances; 
‘‘(D) prior conviction record of applicant under 
Federal and State laws relating to the manufacture, 
distribution, or dispensing of substances described in 
paragraph (A); 
‘‘(E) past experience in the manufacture of con-
trolled substances, and the existence in the establish-
ment of effective control against diversion; and 
‘‘(F) such other factors as may be relevant to 
and consistent with the public health and safety. 
‘‘(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-
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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); 
‘‘(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. 
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‘‘(m)(1)(A) 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. 
‘‘(B)(i) If an applicant described in subparagraph (A) 
is registered pursuant to subsection (f) to conduct re-
search with a controlled substance in schedule I or II on 
the date on which another substance is placed in schedule 
A, the applicant may, subject to clause (iii), conduct re-
search with that other controlled substance in schedule A 
while the application for registration pursuant to subpara-
graph (A) is pending. 
‘‘(ii) If an applicant described in subparagraph (A) 
is registered pursuant to subsection (f) as described in 
clause (i) to conduct research with a controlled substance 
in schedule III, IV, or V on the date on which another 
substance is placed in schedule A, the applicant may, sub-
ject to clause (iii), conduct research with that other con-
trolled substance in schedule A while the application for 
registration pursuant to subparagraph (A) is pending, 
provided the substance for which the applicant is reg-
istered to conduct research is in the same schedule as, or 
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a less-restricted schedule than, the controlled substance 
whose similarity in chemical structure and actual or pre-
dicted effect to the controlled substance in schedule A 
formed the basis for placement of the substance in sched-
ule A, as set forth in the order published in the Federal 
Register placing the substance in schedule A. 
‘‘(iii) The permission to conduct research pursuant 
to clause (i) or clause (ii) is conditional on the applicant’s 
complying with the registration and other requirements 
for controlled substances in schedule A. 
‘‘(iv) This subparagraph does not apply to applicants 
registered pursuant to subsection (f) whose authorization 
to conduct research with any controlled substances is lim-
ited to doing so as a coincident activity pursuant to appli-
cable regulations of 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. 
‘‘(n)(1) The Attorney General shall register a sci-
entific investigator or a qualified research institution to 
conduct research with controlled substances in schedule A 
in accordance with this subsection. In evaluating applica-
tions for such registration, the Attorney General shall 
apply the criteria set forth in subsection (f) of this section 
that apply to practitioners seeking a registration to con-
duct research with a schedule I controlled substance, ex-
cept that the applicant shall not be required to submit a 
research protocol. 
‘‘(2) If the applicant is not currently registered under 
subsection (f) to conduct research with a schedule I con-
trolled substance, the Attorney General shall refer the ap-
plication to the Secretary, who shall determine whether 
the applicant will be engaged in bona fide research and 
is qualified to conduct such research. The 60-day period 
under subsection (m)(2)(A) shall be tolled during the pe-
riod beginning on the date on which the Attorney General 
refers an application to the Secretary under this para-
graph, and ending on the date on which the Secretary sub-
mits a determination related to such referral to the Attor-
ney General. 
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‘‘(3) An applicant who meets the criteria under sub-
section (m)(1)(B) with respect to a particular schedule A 
controlled substance shall be considered qualified to con-
duct research with that substance. The Attorney General 
shall modify such applicant’s registration to include such 
schedule A controlled substance in accordance with this 
paragraph. The applicant shall notify the Attorney Gen-
eral of his intent to conduct research with a controlled 
substance in schedule A. Upon receiving such notification, 
the Attorney General shall modify the practitioner’s exist-
ing registration to authorize research with schedule A con-
trolled substances, unless the Attorney General determines 
that the registration modification would be inconsistent 
with the public interest based on the criteria of subsection 
(f). 
‘‘(4) Registrations issued under this subsection to a 
qualified research institution will apply to all agents and 
employees of that institution acting within the scope of 
their professional practice. 
‘‘(5) At least 30 days prior to conducting any re-
search with a controlled substance in schedule A, the reg-
istrant shall provide the Attorney General with written no-
tification of the following: 
‘‘(A) The name of and drug code for each sub-
stance. 
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‘‘(B) The name of each individual with access 
to each substance. 
‘‘(C) The amount of each substance. 
‘‘(D) Other similar information the Attorney 
General may require. 
‘‘(6) The quantity of a schedule A controlled sub-
stance possessed by a person registered under this sub-
section shall be appropriate for the research being con-
ducted, subject to the additional limitations set forth in 
this paragraph. To reduce the risk of diversion, the Attor-
ney General may establish limitations on the quantity of 
schedule A controlled substances that may be manufac-
tured or possessed for purposes of research under this sub-
section and shall publish such limitations on the website 
of the Drug Enforcement Administration. A person reg-
istered under this subsection may, based on legitimate re-
search needs, apply to the Attorney General to manufac-
ture or possess an amount greater than that so specified 
by the Attorney General. The Attorney General shall 
specify the manner in which such applications shall be 
submitted. The Attorney General shall act on an applica-
tion filed under this subparagraph within 30 days of re-
ceipt of such application. If the Attorney General fails to 
act within 30 days, the registrant shall be allowed to man-
ufacture and possess up to the amount requested. The At-
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torney General shall have the authority to reverse the in-
crease for cause. 
‘‘(7) The Attorney General shall by regulation specify 
the manner in which applications for registration under 
this subsection shall be submitted. 
‘‘(8) Registrants authorized under this subsection 
may manufacture and possess schedule A controlled sub-
stances up to the approved amounts only for use in their 
own research setting or institution. Manufacturing for use 
in any other setting or institution shall require a manufac-
turer’s registration under section 303(a).’’. 
(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-
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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 
(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’’; 
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(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’’; 
(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 
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(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 
(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 
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(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)— 
(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-
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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.’’. 
SEC. 9. 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. 
SEC. 10. 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 Commit-
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tees on the Judiciary of the House of Representatives and 
of the Senate regarding the costs associated with the 
amendments made by section 4, 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. 
SEC. 11. REPORT ON CONTROLLED SUBSTANCE ANA-
LOGUES SOLD BY MEANS OF THE INTERNET. 
Not later than 1 year after the date of the enactment 
of this Act, and annually thereafter, the Administrator of 
the Drug Enforcement Administration shall make publicly 
available on the website of the Drug Enforcement Admin-
istration a report on, for the previous year, the lawful and 
unlawful sale of controlled substance analogues (as defined 
in section 102 of the Controlled Substances Act (21 
U.S.C. 802)) by means of the Internet, including the fol-
lowing information: 
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(1) The types of controlled substance analogues 
that were sold, and the number of sales for each 
such substance. 
(2) The name of each person, entity, or Inter-
net site, whether in the United States or abroad, 
that knowingly or intentionally delivers, distributes, 
or dispenses, or offers or attempts to deliver, dis-
tribute, or dispense, a controlled substance analogue 
by means of the Internet, whether lawfully or unlaw-
fully. 
(3) An estimate of the total revenue for all of 
the vendors described in paragraph (2) for all of the 
sales described in paragraph (1). 
SEC. 12. CONTROLLED SUBSTANCE ANALOGUES. 
Section 203 of the Controlled Substances Act (21 
U.S.C. 813) is amended— 
(1) by striking ‘‘A controlled’’ and inserting 
‘‘(a) IN GENERAL.—A controlled’’; and 
(2) by adding at the end the following: 
‘‘(b) DETERMINATION.—In determining whether a 
controlled substance analogue was intended for human 
consumption under subsection (a), the following factors 
may be considered, along with any other relevant factors: 
‘‘(1) The marketing, advertising, and labeling 
of the substance. 
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