Title: SALTS Act
Policy area: Crime and Law Enforcement

Summary:

Synthetic Abuse and Labeling of Toxic Substances Act of 2017 or the SALTS Act
This bill amends the Controlled Substances Act to set forth factors that may be considered as evidence to determine whether a controlled substance analogue is intended for human consumption. (Under current law, a controlled substance analogue that is intended for human consumption is treated as a schedule I controlled substance. A schedule I controlled substance is a drug, substance, or chemical that: has a high potential for abuse; has no currently accepted medical value; and is subject to regulatory controls and administrative, civil, and criminal penalties under the Controlled Substances Act.)

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 207 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 207

To amend the Controlled Substances Act relating to controlled substance 
                               analogues.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 24, 2017

 Ms. Klobuchar (for herself, Mr. Graham, Mrs. Feinstein, Mr. Grassley, 
Mr. Whitehouse, Mr. Cornyn, Mr. Blumenthal, Mr. Tillis, and Mr. Warner) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Controlled Substances Act relating to controlled substance 
                               analogues.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Synthetic Abuse and Labeling of 
Toxic Substances Act of 2017'' or the ``SALTS Act''.

SEC. 2. 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), 
evidence related to the following factors may be considered, along with 
all other relevant evidence:
            ``(1) The marketing, advertising, and labeling of the 
        substance.
            ``(2) The known efficacy or usefulness of the substance for 
        the marketed, advertised, or labeled purpose.
            ``(3) The difference between the price at which the 
        substance is sold and the price at which the substance it is 
        purported to be or advertised as is normally sold.
            ``(4) The diversion of the substance from legitimate 
        channels and the clandestine importation, manufacture, or 
        distribution of the substance.
            ``(5) Whether the defendant knew or should have known the 
        substance was intended to be consumed by injection, inhalation, 
        ingestion, or any other immediate means.
    ``(c) Limitation.--For purposes of this section, the existence of 
evidence that a substance was not marketed, advertised, or labeled for 
human consumption shall not preclude the Government from establishing, 
based on all the evidence, that the substance was intended for human 
consumption.''.
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