Section of the United States Controlled Substances Act
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Federal Analogue Act
Other short titles
Alcohol and Drug Abuse Amendments of 1986
Anti-Drug Abuse Act of 1986
Long title
An Act to strengthen Federal efforts to encourage foreign cooperation in eradicating illicit drug crops and in halting international drug traffic, to improve enforcement of Federal drug laws and enhance interdiction of illicit drug shipments, to provide strong Federal leadership in establishing effective drug abuse prevention and education programs, to expand Federal support for drug abuse treatment and rehabilitation efforts, and for other purposes.
Nicknames
Controlled Substance Analogue Enforcement Act of 1986
Enacted by
the 99th United States Congress
Effective
27 October 1986
Citations
Public law
99-570
Statutes at Large
100 Stat. 3207 aka 100 Stat. 3207-13
Legislative history
Introduced in the House as H.R. 5484 by James C. Wright Jr. (D–TX) on 8 September 1986
Committee consideration by House Armed Services, House Banking, Finance, and Urban Affairs, House Education and Labor, House Foreign Affairs, House Government Operations, House Energy and Commerce, House Interior and Insular Affairs, House Judiciary, House Merchant Marine and Fisheries, House Post Office and Civil Service, House Public Works and Transportation, House Ways and Means
Passed the House on 11 September 1986 (392-16)
Passed the Senate on 30 September 1986 (97-2, in lieu of S. 2878) with amendment
House agreed to Senate amendment on 17 October 1986 (unanimous consent) with further amendment
Senate agreed to House amendment on 17 October 1986 (voice vote)
Signed into law by President Ronald Reagan on 27 October 1986
The Federal Analogue Act, 21 U.S.C. § 813, is a section of the United States Controlled Substances Act passed in 1986 which allows any chemical "substantially similar" to a controlled substance listed in Schedule I or II to be treated as if it were listed in Schedule I, but only if intended for human consumption. These similar substances are often called designer drugs. The law's broad reach has been used to successfully prosecute possession of chemicals openly sold as dietary supplements and naturally contained in foods (e.g., the possession of phenethylamine, a compound found in chocolate, has been successfully prosecuted based on its "substantial similarity" to the controlled substance methamphetamine).[1] The law's constitutionality has been questioned by now Supreme Court Justice Neil Gorsuch[2] on the basis of Vagueness doctrine.
^"citing United States v. McKinney, 79 F.3d 105 (8th Cir. 1996)".
^Fels, Andrew, Voiding the Federal Analogue Act (February 12, 2021). Nebraska Law Review, Vol. 100, No. 3, 2022, Available at SSRN: https://ssrn.com/abstract=3736304 or http://dx.doi.org/10.2139/ssrn.3736304
and 15 Related for: Federal Analogue Act information
The FederalAnalogueAct, 21 U.S.C. § 813, is a section of the United States Controlled Substances Act passed in 1986 which allows any chemical "substantially...
this, the United States passed the FederalAnalogueAct in 1986. This bill banned the production of any chemical analogue of a Schedule I or Schedule II substance...
The Controlled Substances Act (CSA) is the statute establishing federal U.S. drug policy under which the manufacture, importation, possession, use, and...
example of law, that has been critized in the USA for vagueness is FederalAnalogueAct, which establishes criminal liability for making/selling chemicals...
been rarely encountered by law enforcement since the passage of the FederalAnalogueAct in 1986. In animal studies it was found to be around 1000× the potency...
and sales or possession could potentially be prosecuted under the FederalAnalogueAct. In practice, because THCA spontaneously decarboxylates to form THC...
uses. In addition, many countries have analogue laws; for example, in the United States, the FederalAnalogueAct of 1986 automatically forbids any drugs...
sales or possession of CBN could potentially be prosecuted under the FederalAnalogueAct. Cannabinol from PubChem Lide DR (2012). CRC Handbook of Chemistry...
The Comstock Act of 1873 refers to a series of current provisions in Federal law, that generally criminalize the involvement of the United States Postal...
substance is not scheduled in the United States and is unaffected by the FederalAnalogueAct as a derivative of Benzphetamine. Clobenzorex is legal in the United...
lofentanyl is one of the most potent opioid analgesics known and is an analogue of fentanyl, which was developed in 1960. It is most similar to the highly...
drug, so possession or sales is unlikely to be prosecuted under the FederalAnalogueAct.[citation needed] "Salvinorin A" is a Schedule I controlled substance...
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