US Code

Public Law 119-73 (01/23/2026)

21 U.S.C. § 813

Treatment of controlled substance analogues

(a)

In general

A controlled substance analogue shall, to the extent intended for human consumption, be treated, for the purposes of any Federal law as a controlled substance in schedule I.

(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.
(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.
(6)
Any controlled substance analogue that is manufactured, formulated, sold, distributed, or marketed with the intent to avoid the provisions of existing drug laws.
(c)

Limitation

For purposes of this section, evidence that a substance was not marketed, advertised, or labeled for human consumption, by itself, shall not be sufficient to establish that the substance was not intended for human consumption.

Pub. L. 91–513, title II, § 203Pub. L. 99–570, title I, § 1202100 Stat. 3207–13Pub. L. 100–690, title VI, § 6470(c)102 Stat. 4378Pub. L. 115–271, title III, § 3241132 Stat. 3950(, as added , , ; amended , , ; , , .)

Editorial Notes

References in Text

section 812(c) of this titleSchedule I, referred to in subsec. (a), is set out in .

Amendments

Pub. L. 115–2712018— designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c).

Pub. L. 100–6901988— substituted “any Federal law” for “this subchapter and subchapter II of this chapter”.