21 U.S.C. § 813
Sections in this chapter
- § 801
- § 801a
- § 802
- § 803
- § 811
- § 812
- § 813
- § 814
- § 821
- § 822
- § 822a
- § 823
- § 824
- § 825
- § 826
- § 826a
- § 827
- § 828
- § 829
- § 829a
- § 830
- § 831
- § 832
- § 841
- § 842
- § 843
- § 844
- § 844a
- § 845b
- § 846
- § 847
- § 848
- § 849
- § 850
- § 851
- § 852
- § 853
- § 853a
- § 854
- § 855
- § 856
- § 857
- § 858
- § 859
- § 860
- § 860a
- § 861
- § 862
- § 862a
- § 862b
- § 863
- § 864
- § 864a
- § 865
- § 871
- § 871a
- § 872
- § 872a
- § 873
- § 874
- § 875
- § 876
- § 877
- § 878
- § 879
- § 880
- § 881
- § 881a
- § 882
- § 883
- § 884
- § 885
- § 886
- § 886a
- § 887
- § 888
- § 889
- § 890
- § 901
- § 902
- § 903
- § 904
- § 951
- § 952
- § 953
- § 954
- § 955
- § 955d
- § 956
- § 957
- § 958
- § 959
- § 960
- § 960a
- § 961
- § 962
- § 963
- § 964
- § 965
- § 966
- § 967
- § 968
- § 969
- § 970
- § 971
§ 813. Treatment of controlled substance analogues
- (a) 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) 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) 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.
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