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(b) The purpose of this Act is to require the National

2 Drug Enforcement Policy Board to provide a comprehensive 3 assessment of the designer drug problem and made recom4 mendations to Congress for necessary legislation. 5 SEC. 2. The initial report of the National Drug Enforce

6 ment Policy Board as required by section 1305 of the Nation

7 al Narcotics Act of 1984 (chapter XIII, title II, Public Law

8 98-473) shall include

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(1) a comprehensive assessment of the current and

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potential contribution of synthetic narcotic analogs to the illegal narcotics problem in the United States;

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(2) proposals for illegal drug law enforcement

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99TH CONGRESS

1ST SESSION

H. R. 2977

To amend the Controlled Substances Act to create new penalties for the manufac

turing with intent to distribute, the possession with intent to distribute, or the distribution of "designer drugs”, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 11, 1985 Mr. LUNGREN (for himself, Mr. FISH, Mr. McCOLLUM, and Mr. GEKAS) intro

duced the following bill; which was referred jointly to the Committees on the Judiciary and Energy and Commerce

A BILL To amend the Controlled Substances Act to create new penal

ties for the manufacturing with intent to distribute, the possession with intent to distribute, or the distribution of “designer drugs”, and for other purposes.

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Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the “ 'Designer Drug' En

4 forcement 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. 843A):

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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 dis

4 tribute, or distributes a designer drug intended for human

5 consumption shall be fined not more than $250,000, or im6 prisoned not more than fifteen years, or both. This section 7 does not apply to a person who manufactures or distributes a

8 substance in conformance with the provisions of an approved

9 new drug application or an exemption for investigational use 10 within the meaning of section 505 of the Federal Food, 11 Drug, and Cosmetic Act (21 U.S.C. 355). For purposes of 12 this section, section 505 of the Federal Food, Drug, and Cos13 metic Act (21 U.S.C. 355) shall be applicable to the intro14 duction or delivery for introduction of any new drug into 15 intrastate, interstate, or foreign commerce.”.

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SEC. 3. Section 102 of the Controlled Substances Act

17 (21 U.S.C. 802) is amended by adding at the end thereof the 18 following new paragraphs: 19 “(31) The term 'designer drug' as used in section 403A 20 means a substance other than a controlled substance that has

21 a chemical structure substantially similar to that of a con22 trolled substance in Schedules I or II or that was specifically 23 designed to produce an effect substantially similar to that of a 24 controlled substance in Schedules I or II. Examples of chem25 ical classes in which designer drugs are found include, but are 26 not limited to, the following: phenethylamines, N-substituted

HR 2977 IH

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1 piperidines, morphinans, ecgonines, quinazolinones, substitut2 ed indoles, and arylcycloalkylamines. 3 “(32) The term “human consumption' includes applica4 tion, injection, inhalation, or ingestion.”. 5 SEC. 4. The analysis of Part D of the Controlled Sub

6 stances Act is amended by inserting after the item relating to 7 section 403 the following:

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99TH CONGRESS

1ST SESSION

H. R. 3936

To amend the Controlled Substances Act to create new penalties for the use of

children in the distribution of controlled substances and for the manufacturing with intent to distribute, the possession with intent to distribute, or the distribution of designer drugs, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

DECEMBER 12, 1985 Mr. Smith of Florida (for himself, Mr. FASCELL, and Mr. HYDE) introduced the

following bill; which was referred jointly to the Committees on Energy and Commerce, and the Judiciary

A BILL

To amend the Controlled Substances Act to create new penal

ties for the use of children in the distribution of controlled substances and for the manufacturing with intent to distribute, the possession with intent to distribute, or the distribution of designer drugs, 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 SECTION 1. SHORT TITLE.

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This Act may be cited as the “Drug Enforcement

5 Amendments Act of 1985".

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