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99TH CONGRESS

1ST SESSION

S. 1437

IN THE HOUSE OF REPRESENTATIVES

DECEMBER 18, 1985 Referred jointly to the Committees on Energy and Commerce and the Judiciary

AN ACT

To amend the Controlled Substances Act to create new penal

ties for the manufacture with intent to distribute, the possession with intent to distribute, the possession or the distribution of “controlled substance analogs”, and for other

” purposes.

1

Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the “ 'Controlled Substance

4 Analogs' Enforcement Act of 1985”.

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SEC. 2. Part D of the Controlled Substances Act is

6 amended by adding after section 403 the following new sec7 tion 403A (21 U.S.C. 843):

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1 “8 403A. Prohibited acts D

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“Any person who knowingly or intentionally manufac

3 tures with intent to distribute, possesses with intent to dis4 tribute, or distributes a controlled substance analog all or 5 part of which substance is intended for human consumption

6 shall be fined not more than $250,000, or imprisoned not

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7 more than fifteen years, or both. Any person who knowingly 8 or intentionally possesses a controlled substance analog all or 9 part of which substance is intended for human consumption

10 shall be fined not more than $25,000, or imprisoned not more

11 than one year, or both. This section does not apply to a

12 person who manufactures, possesses, or distributes a sub

13 stance in conformance with the provisions of an approved 14 new drug application or an exemption for investigational use 15 within the meaning of section 505 of the Federal Food,

16 Drug, and Cosmetic Act (21 U.S.C. 355). For purposes of

17 this section, section 505 of the Federal Food, Drug, and Cos

18 metic Act (21 U.S.C. 355) shall be applicable to the intro19 duction or delivery for introduction of any new drug into 20 intrastate, interstate, or foreign commerce.".

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SEC. 3. Section 102 of the Controlled Substances Act

22 (21 U.S.C. 802) is amended by adding at the end thereof the

23 following new paragraphs:

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“(31) The term “controlled substance analog' as used in

25 section 403A means a substance other than a controlled sub

a

26 stance that has a chemical structure substantially similar to

S 1437 RFH

3

1 that of a controlled substance in schedules I or II or that was

2 specifically designed to produce an effect substantially similar

3 to that of a controlled substance in schedules I or II. Exam

a

4 ples of chemical classes in which controlled substance ana

5 logs are found include, but are not limited to, the following:

6 phenethylamines, N-substituted piperidines, morphinans, eco7 gonines, quinazolinones, substituted indoles, and arylcycloal8 kylamines.

“(32) The term “human consumption' includes applica

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10 tion, injection, inhalation, or ingestion.”. 11 SEC. 4. The analysis of part D of the Controlled Sub12 stances Act is amended by inserting after the item relating to 13 section 403 the following:

“403A. Prohibited acts D.".

Passed the Senate December 18 (legislative day, December 9), 1985.

Attest:

JO-ANNE L. COE,

Secretary

S 1437 RFH

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This responds to the request contained in Senate Report 99-150 for information on the "Federal Strategy" to deal with the growing threat posed by the spreading use of synthetic or designer drugs.

The enclosed report was prepared by the Drug Enforcement Administration (DEA) with assistance from the Public Health Service. I have outlined below some of the key elements:

1. The Department of Justice strongly encourages passage of the "Controlled Substance Analogs Enforcement Act" as a crucial element in the Government's efforts to curtail the spread of these dangerous substances.

2. The DEA has placed analog precursors and reagents on the "precursor watch list" under the voluntary precursor control program.

3. The Department of Justice continues to evaluate whether legislation is necessary to establish a new system of record keeping and reporting to effectively control key precursors and essential chemicals.

The DEA Special Testing and Research Laboratory is seeking to upgrade its technical capabilities to detect controlled substance analogs.

5. The National Institute on Drug Abuse (NIDA) and the DEA have concluded an Interagency Agreement to prepare drug reference standards and conduct abuse liability studies on compounds placed in Schedule I through the emergency scheduling process.

6. The Centers for Disease Control (CDC) has proposed a working group, consisting of law enforcement, public health and

forensic personnel, to gather and disseminate pertinent information on controlled substance analogs.

7. The CDC received an add-on appropriation for FY 1986 to enhance its ability to respond to the public health problems associated with the use of controlled substance analogs. Due to recent fiscal constraints this funding has been proposed for rescission.

8. The DEA has disseminated information on controlled substance analogs and clandestine laboratories to nonfederal law enforcement and other officials through training sessions and written materials.

9. The Public Health Service has provided information and assistance to the medical community, state and local authorities, and the general public regarding health-related problems associated with controlled substance analog abuse.

10. The DEA is including information on the dangers of controlled substance analogs in educational materials disseminated to the general public and our nation's youth.

I hope that you find this report helpful. If you have questions, please contact me or John C. Lawn, Administrator, Drug Enforcement Administration.

Sincerely,

Edurnheese I

EDWIN MEESE III
Attorney General

Enclosures

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