central nervous system that is substantially 
similar to or greater than the stimulant, 
depressant, or hallucinogenic effect on the 
central nervous system of a controlled sub-
stance in schedule I, II, III, IV, or V; and 
‘‘(iii) 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)(I) the chemical structure; and 
‘‘(II)(aa) the structure activity relation-
ships; or 
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‘‘(bb) binding receptor assays and other 
relevant scientific information about the sub-
stance; 
‘‘(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)— 
(A) in the matter preceding schedule I, by 
striking ‘‘IV, and V’’ and inserting ‘‘IV, V, and 
A’’; and 
(B) by adding at the end the following: 
‘‘SCHEDULE A 
‘‘Any substance temporarily or permanently sched-
uled by the Attorney General in accordance with section 
201(k).’’. 
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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) IN GENERAL.—The Attorney General may 
issue a temporary order adding a drug or substance 
to schedule A if the Attorney General finds that— 
‘‘(A) the drug or other substance satisfies 
the criteria for being considered a schedule A 
substance; and 
‘‘(B) adding such drug or substance to 
schedule A will assist in preventing abuse of the 
drug or other substance. 
‘‘(2) DURATION OF TEMPORARY SCHEDULING 
ORDER.—A temporary scheduling order issued under 
paragraph (1) shall— 
‘‘(A) not take effect until 30 days after the 
date of the publication by the Attorney General 
of a notice in the Federal Register of the inten-
tion to issue such order and the grounds upon 
which such order is to be issued; and 
‘‘(B) expire not later than 5 years after 
the date on which the order becomes effective, 
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except that the Attorney General may, during 
the pendency of proceedings under paragraph 
(5), extend the temporary scheduling order for 
up to 180 days. 
‘‘(3) EFFECT
OF
ISSUANCE
OF
PERMANENT 
SCHEDULING
ORDER.—A 
temporary 
scheduling 
order issued under paragraph (1) shall be vacated 
upon the issuance of a permanent order issued 
under paragraph (5) with regard to the same sub-
stance, or upon the subsequent issuance of any 
scheduling order under this section. 
‘‘(4) LIMITATION
ON
JUDICIAL
REVIEW.—A 
temporary scheduling order issued under paragraph 
(1) shall not be subject to judicial review. 
‘‘(5) PERMANENT SCHEDULING ORDER.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), not earlier than 3 years 
after the date on which the Attorney General 
issues an order temporarily scheduling a drug 
or substance under this subsection, the Attor-
ney General may, by rule, issue a permanent 
order adding the drug or other substance to 
schedule A if such drug or substance satisfies 
the criteria for being considered a schedule A 
substance. 
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‘‘(B) LIMITATION.—If the Secretary of 
Health and Human Services has determined, 
based on relevant scientific studies and nec-
essary data requested by the Secretary of 
Health and Human Services and gathered by 
the Attorney General, that a drug or other sub-
stance that has been temporarily placed in 
schedule A does not have sufficient potential for 
abuse to warrant control in any schedule, and 
provides written notice of such determination to 
the Attorney General, the Attorney General— 
‘‘(i) may not issue a permanent sched-
uling order under subparagraph (A); and 
‘‘(ii) not later than 30 days after the 
date on which the Attorney General re-
ceives such notice, shall issue an order im-
mediately 
terminating 
the 
temporary 
scheduling order for the drug or other sub-
stance. 
‘‘(6) NOTICE TO HHS.—Before initiating pro-
ceedings under paragraph (1), the Attorney General 
shall transmit notice of a temporary order proposed 
to be issued to the Secretary of Health and Human 
Services. In issuing an order under paragraph (1), 
the Attorney General shall take into consideration 
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any comments submitted by the Secretary of Health 
and Human Services in response to a notice trans-
mitted pursuant to this paragraph.’’. 
SEC. 4. PENALTIES. 
Section 1010 of the Controlled Substances Import 
and Export Act (21 U.S.C. 960) is amended— 
(1) in subsection (a), by inserting ‘‘or a drug or 
substance in schedule A’’ after ‘‘controlled sub-
stance’’ each place it appears; and 
(2) in subsection (b), 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 for 
any term of years or for life, a fine not to exceed the great-
er of that authorized in accordance with the provisions of 
title 18, United States Code, or $1,000,000 if the defend-
ant is an individual or $5,000,000 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 of-
fense has become final, such person shall be sentenced to 
a term of imprisonment of not more than 30 years and 
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if death or serious bodily injury results from the use of 
such substance shall be sentenced to a term of imprison-
ment for any term of years or for life, a fine not to exceed 
the greater of twice that authorized in accordance with 
the provisions of title 18, United States Code, or 
$2,000,000 if the defendant is an individual or 
$10,000,000 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 
under the provisions of this paragraph which provide for 
a mandatory term of imprisonment if death or serious 
bodily injury results.’’. 
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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 or export, 
with intent to manufacture, distribute, or dispense, 
a schedule A substance or product containing a 
schedule A substance, unless the substance or prod-
uct bears a label clearly identifying a schedule A 
substance or product containing a schedule A sub-
stance by the nomenclature used by the Inter-
national 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. 
‘‘(B) A product is described in this subpara-
graph if the product— 
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‘‘(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)— 
(A) in paragraph (16), by striking ‘‘or’’ at 
the end; 
(B) by redesignating paragraph (17) as 
paragraph (18); and 
(C) by inserting after paragraph (16) the 
following: 
‘‘(17) to violate section 305(f); or’’; and 
(2) in subsection (c)— 
(A) in paragraph (1)— 
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(i) in subparagraph (B)(i), by striking 
‘‘(17)’’ and inserting ‘‘(18)’’; and 
(ii) in subparagraph (C), by inserting 
‘‘or (17)’’ after ‘‘paragraph (16)’’ each 
place it appears; and 
(B) in paragraph (2)(D), by striking 
‘‘(17)’’ and inserting ‘‘(18)’’. 
SEC. 6. REGISTRATION REQUIREMENTS FOR SCHEDULE A 
SUBSTANCES. 
(a) REGISTRATION REQUIREMENTS FOR IMPORTERS 
AND EXPORTERS OF SCHEDULE A SUBSTANCES.—Sec-
tion 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 substance will be used for research, analytical, 
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. 
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‘‘(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 
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 importation, 
manufacture, distribution, or dispensing of sub-
stances described in subparagraph (A); 
‘‘(E) past experience in the importation and 
manufacture of controlled substances, and the exist-
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ence in the establishment 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 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.’’. 
(b) CONTINUATION OF RESEARCH ON SUBSTANCES 
NEWLY ADDED TO SCHEDULE A.—Section 302(e) of the 
Controlled Substances Act (21 U.S.C. 822(e)) is amended 
by adding at the end the following: 
‘‘(3)(A) If a person is conducting research on a sub-
stance at the time the substance is added to schedule A, 
and such person is already registered to conduct research 
with a controlled substance in schedule I or II, then— 
‘‘(i) the person shall, within 30 days of the 
scheduling of the newly scheduled substance, submit 
a completed application for registration or modifica-
tion of existing registration, to conduct research on 
such substance, in accordance with the regulations 
issued by the Attorney General; 
‘‘(ii) the person may continue to conduct the re-
search on such substance until the application de-
scribed in clause (i) is withdrawn by the applicant 
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or until the Attorney General serves on the applicant 
an order to show cause proposing the denial of the 
application pursuant to section 304(c); and 
‘‘(iii) if the Attorney General serves order to 
show cause under clause (ii) and the applicant re-
quests a hearing, such hearing shall be held on an 
expedited basis and not later than 45 days after the 
request is made, except that the hearing may be held 
at a later time if so requested by the applicant. 
‘‘(B) A person who is registered to conduct research 
with a controlled substance in schedule A may conduct re-
search with another controlled substance in schedule I, 
only if— 
‘‘(i) the person has applied for a modification of 
the person’s registration to authorize research with 
such other controlled substance in accordance with 
the regulations issued by the Attorney General; 
‘‘(ii) 
the 
Attorney 
General 
has 
obtained 
verification from the Secretary that the research 
protocol submitted with the application is meri-
torious; and 
‘‘(iii) the Attorney General has determined, not 
later than 30 days after receiving the application de-
scribed in clause (i), that such activity is consistent 
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with United States obligations under the Single Con-
vention on Narcotic Drugs, 1961. 
‘‘(C) Nothing in this paragraph shall be construed to 
alter the authority of the Attorney General to initiate pro-
ceedings to deny, suspend, or revoke any registration in 
accordance with sections 303 and 304.’’. 
SEC. 7. ADDITIONAL CONFORMING AMENDMENTS. 
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 inserting ‘‘or drug or substance in schedule 
A’’ after ‘‘schedule I or II’’; and 
(B) in paragraph (2), by inserting ‘‘or 
drug or substances in schedule A’’ after ‘‘sched-
ule I or II’’; 
(2) in section 1003 (21 U.S.C. 953)— 
(A) in subsection (c), in the matter pre-
ceding paragraph (1), by inserting ‘‘or drug or 
substance in schedule A’’ after ‘‘schedule I or 
II’’; and 
(B) in subsection (d), by inserting ‘‘or 
drug or substance in schedule A’’ after ‘‘sched-
ule I or II’’; 
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(3) in section 1004(1) (21 U.S.C. 954(1)), in 
the matter preceding subparagraph (A), by inserting 
‘‘or drug or substance in schedule A’’ after ‘‘sched-
ule I’’; 
(4) in section 1005 (21 U.S.C. 955), by insert-
ing ‘‘or drug or substance in schedule A’’ after 
‘‘schedule I or II’’; and 
(5) in section 1009(a) (21 U.S.C. 959(a)), by 
inserting ‘‘or drug or substance in schedule A’’ after 
‘‘schedule I or II’’. 
SEC. 8. SENTENCING REVIEW. 
(a) COVERED OFFENSE DEFINED.—In this section, 
the term ‘‘covered offense’’ means an offense involving a 
schedule A substance for which the penalty was estab-
lished under section 4 or 5 of this Act. 
(b) SENTENCING REVIEW.— 
(1) PETITION FOR REVIEW.—If a schedule A 
substance that is temporarily or permanently sched-
uled under section 201(k) of the Controlled Sub-
stances Act, as added by this Act, is subsequently 
descheduled or rescheduled on a schedule with lower 
penalties, any individual convicted of a covered of-
fense involving such schedule A substance who is 
awaiting sentencing or is still serving a term of im-
prisonment for such covered offense on the date of 
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the descheduling or rescheduling may petition the 
court that imposed the sentence for a sentencing re-
duction hearing for such covered offense. 
(2) SENTENCING REVIEW.—Not later than 30 
days after the date on which a petition is filed under 
paragraph (1), the court shall conduct a sentencing 
reduction hearing and may modify the sentence of 
the petitioner as if the descheduling or rescheduling 
described in paragraph (1) had been in effect on the 
date the covered offense was committed. 
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. 
Æ 
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