[House Report 112-295]
[From the U.S. Government Publishing Office]
112th Congress Rept. 112-295
HOUSE OF REPRESENTATIVES
1st Session Part 1
======================================================================
SYNTHETIC DRUG CONTROL ACT OF 2011
_______
November 22, 2011.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Upton, from the Committee on Energy and Commerce,
submitted the following
R E P O R T
[To accompany H.R. 1254]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 1254) to amend the Controlled Substances Act to
place synthetic drugs in Schedule I, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 3
Hearings......................................................... 3
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
Statement of General Performance Goals and Objectives............ 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 5
Earmarks......................................................... 5
Committee Cost Estimate.......................................... 5
Congressional Budget Office Estimate............................. 5
Federal Mandates Statement....................................... 6
Advisory Committee Statement..................................... 7
Applicability to Legislative Branch.............................. 7
Section-by-Section Analysis of the Legislation................... 7
Changes in Existing Law, Made by the Bill........................ 7
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Synthetic Drug Control Act of 2011''.
SEC. 2. ADDITION OF SYNTHETIC DRUGS TO SCHEDULE I OF THE CONTROLLED
SUBSTANCES ACT.
(a) Cannabimimetic Agents.--Schedule I, as set forth in section
202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) is amended
by adding at the end the following:
``(d)(1) Unless specifically exempted or unless listed in another
schedule, any material, compound, mixture, or preparation which
contains any quantity of cannabimimetic agents, or which contains their
salts, isomers, and salts of isomers whenever the existence of such
salts, isomers, and salts of isomers is possible within the specific
chemical designation.
``(2) In paragraph (1):
``(A) The term `cannabimimetic agents' means any substance
that is a cannabinoid receptor type 1 (CB1 receptor) agonist as
demonstrated by binding studies and functional assays within
any of the following structural classes:
``(i) 2-(3-hydroxycyclohexyl)phenol with substitution
at the 5-position of the phenolic ring by alkyl or
alkenyl, whether or not substituted on the cyclohexyl
ring to any extent.
``(ii) 3-(1-naphthoyl)indole or 3-(1-
naphthylmethane)indole by substitution at the nitrogen
atom of the indole ring, whether or not further
substituted on the indole ring to any extent, whether
or not substituted on the naphthoyl or naphthyl ring to
any extent.
``(iii) 3-(1-naphthoyl)pyrrole by substitution at the
nitrogen atom of the pyrrole ring, whether or not
further substituted in the pyrrole ring to any extent,
whether or not substituted on the naphthoyl ring to any
extent.
``(iv) 1-(1-naphthylmethylene)indene by substitution
of the 3-position of the indene ring, whether or not
further substituted in the indene ring to any extent,
whether or not substituted on the naphthyl ring to any
extent.
``(v) 3-phenylacetylindole or 3-benzoylindole by
substitution at the nitrogen atom of the indole ring,
whether or not further substituted in the indole ring
to any extent, whether or not substituted on the phenyl
ring to any extent.
``(B) Such term includes--
``(i) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-
hydroxycyclohexyl]-phenol (CP-47,497);
``(ii) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-
hydroxycyclohexyl]-phenol (cannabicyclohexanol or CP-
47,497 C8-homolog);
``(iii) 1-pentyl-3-(1-naphthoyl)indole (JWH-018 and
AM678);
``(iv) 1-butyl-3-(1-naphthoyl)indole (JWH-073);
``(v) 1-hexyl-3-(1-naphthoyl)indole (JWH-019);
``(vi) 1-[2-(4-morpholinyl)ethyl]-3-(1-
naphthoyl)indole (JWH-200);
``(vii) 1-pentyl-3-(2-methoxyphenylacetyl)indole
(JWH-250);
``(viii) 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole
(JWH-081);
``(ix) 1-pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-
122);
``(x) 1-pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-
398);
``(xi) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole
(AM2201);
``(xii) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole
(AM694);
``(xiii) 1-pentyl-3-[(4-methoxy)-benzoyl]indole (SR-
19 and RCS-4);
``(xiv) 1-cyclohexylethyl-3-(2-
methoxyphenylacetyl)indole (SR-18 and RCS-8); and
``(xv) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-
203).''.
(b) Other Drugs.--Schedule I of section 202(c) of the Controlled
Substances Act (21 U.S.C. 812(c)) is amended in subsection (c) by
adding at the end the following:
``(18) 4-methylmethcathinone (Mephedrone).
``(19) 3,4-methylenedioxypyrovalerone (MDPV).
``(20) 3,4-methylenedioxymethcathinone (methylone).
``(21) Naphthylpyrovalerone (naphyrone).
``(22) 4-fluoromethcathinone (flephedrone).
``(23) 4-methoxymethcathinone (methedrone; Bk-PMMA).
``(24) Ethcathinone (N-Ethylcathinone).
``(25) 3,4-methylenedioxyethcathinone (ethylone).
``(26) Beta-keto-N-methyl-3,4-benzodioxyolybutanamine
(butylone).
``(27) N,N-dimethylcathinone (metamfepramone).
``(28) Alpha-pyrrolidinopropiophenone (alpha-PPP).
``(29) 4-methoxy-alpha-pyrrolidinopropiophenone (MOPPP).
``(30) 3,4-methylenedioxy-alpha-pyrrolidinopropiophenone
(MDPPP).
``(31) Alpha-pyrrolidinovalerophenone (alpha-PVP).
``(32) 6,7-dihydro-5H-indeno-(5,6-d)-1,3-dioxol-6-amine)
(MDAI).
``(33) 3-fluoromethcathinone.
``(34) 4'-Methyl-a-pyrrolidinobutiophenone (MPBP).''.
SEC. 3. TEMPORARY SCHEDULING TO AVOID IMMINENT HAZARDS TO PUBLIC SAFETY
EXPANSION.
Section 201(h)(2) of the Controlled Substances Act (21 U.S.C.
811(h)(2)) is amended--
(1) by striking ``one year'' and inserting ``2 years''; and
(2) by striking ``six months'' and inserting ``1 year''.
Purpose and Summary
H.R. 1254, the ``Synthetic Drug Control Act of 2011,'' was
introduced on March 30, 2011, by Rep. Charlie Dent (R-PA), and
referred to the Committee on Energy and Commerce.
The legislation would prohibit harmful synthetic drugs that
imitate the hallucinogenic or stimulant properties of drugs
like marijuana, cocaine or methamphetamines. Additionally, H.R.
1254 would enhance the authority of the Drug Enforcement
Administration (DEA), to temporarily schedule new substances.
Background and Need for Legislation
Synthetic drugs imitate the hallucinogenic or stimulant
properties of illegal drugs like marijuana, cocaine or
methamphetamines. Although synthetic drugs can affect the brain
in a manner that is similar to Schedule I drugs and may be more
harmful than the scheduled substances they simulate, these
synthetic drugs are not prohibited under federal law.
Synthetic drugs are a serious public health problem, and,
unfortunately, the use of these substances is increasing
dramatically. In a concerted effort to circumvent the
Controlled Substances Act, manufacturers manipulate the
chemical structure of compounds used in synthetic drugs, while
largely maintaining the pharmacological activity of the illegal
substances they imitate. Subsequently, these synthetic drugs
are sold to consumers as harmless alternatives to marijuana,
cocaine, or methamphetamines.
Families across the country have witnessed firsthand that
these designer drugs are anything but harmless. There are
numerous instances where the use of these drugs has resulted in
agitation, anxiety, vomiting, nausea, elevated blood pressure,
seizures, tremors, hallucinations, paranoia, non-
responsiveness, and death.
The Synthetic Drug Control Act of 2011 is designed to
ensure that the manufacture and sale of these dangerous
synthetic substances are prohibited in the United States.
Hearings
On July 21, 2011, the Subcommittee on Health held a hearing
entitled ``Legislative Hearing to Address Bioterrorism,
Controlled Substances and Public Health Issues.'' The Synthetic
Drug Control Act of 2011 was one of three bills considered at
this hearing. The Subcommittee received testimony from: Charlie
Dent, United States Representative for the 15th District of
Pennsylvania; Nicole Lurie, M.D., M.S.P.H, Assistant Secretary
for Preparedness and Response, U.S. Department of Health and
Human Services; and Howard K. Koh, M.D., M.P.H, Assistant
Secretary for Health, U.S. Department of Health and Human
Services. At the hearing, the Subcommittee unanimously agreed
to include in the record the written statement of Joseph T.
Rannazzisi, Deputy Assistant Administrator, Office of Diversion
Control, Drug Enforcement Administration.
Committee Consideration
H.R. 1254, the ``Synthetic Drug Control Act of 2011,'' was
introduced by Mr. Dent of Pennsylvania on March 30, 2011, and
referred to the Committee on Energy and Commerce. The bill was
referred to the Subcommittee on Health on April 7, 2011.
The Subcommittee on Health held a legislative hearing on
July 21, 2011, entitled ``Legislative Hearing to Address
Bioterrorism, Controlled Substances and Public Health Issues,''
during which it considered H.R. 1254. On July 26, 2011, the
Subcommittee met in open markup session to consider H.R. 1254
and favorably reported an Amendment in the Nature of a
Substitute to the bill, which contained technical changes
recommended by the Administration, including the addition of
four compounds to be listed as controlled substances.
Thereafter, the Subcommittee ordered that H.R. 1254 be
favorably forwarded to the full Committee for consideration.
On July 28, 2011, the Committee on Energy and Commerce met
in open markup session to consider H.R. 1254, as approved by
the Subcommittee on Health. The Committee approved an amendment
to the Subcommittee-approved bill by voice vote. This amendment
contained technical changes recommended by the Administration.
Subsequently, the Committee ordered that H.R. 1254 be favorably
reported to the House by voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto. There were no recorded votes taken in connection with
ordering H.R. 1254 reported. A motion to order H.R. 1254
reported to the House, as amended, was agreed to by voice vote.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the oversight findings and
recommendations of the Committee are reflected in the
descriptive portions of this report, including the finding that
synthetic drugs that imitate the hallucinogenic or stimulant
properties of drugs like marijuana, cocaine or methamphetamines
should be prohibited.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the performance goals and
objectives of the Committee are reflected in the descriptive
portions of this report, including the goal that synthetic
drugs that imitate the hallucinogenic or stimulant properties
of drugs like marijuana, cocaine or methamphetamines be
prohibited.
New Budget Authority, Entitlement Authority, and
Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
1254, the ``Synthetic Drug Control Act of 2011,'' would result
in no new or increased budget authority, entitlement authority,
or tax expenditures or revenues.
Earmarks
In compliance with clause 9(e), 9(f), and 9(g) of rule XXI,
the Committee finds that H.R. 1254, the ``Synthetic Drug
Control Act of 2011,'' contains no earmarks, limited tax
benefits, or limited tariff benefits.
Committee Cost Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
provided by the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974:
H.R. 1254--Synthetic Drug Control Act of 2011
CBO estimates that implementing H.R. 1254 would have no
significant cost to the federal government. Enacting the bill
could affect direct spending and revenues; therefore, pay-as-
you-go procedures apply. However, CBO estimates that any
effects would be insignificant for each year.
H.R. 1254 would expand the list of substances regulated
under the Controlled Substances Act (title II of Public Law 91-
513, the Comprehensive Drug Abuse Prevention and Control Act of
1970) to include cannabimimetic agents, chemicals that are
commonly known as synthetic drugs. As a result, the government
might be able to pursue cases involving drug use that it
otherwise would not be able to prosecute. CBO expects that H.R.
1254 would apply to a relatively small number of additional
offenders, however, so any increase in costs for law
enforcement, court proceedings, or prison operations would not
be significant. Any such costs would be subject to the
availability of appropriated funds.
Because those prosecuted and convicted under H.R. 1254
could be subject to criminal fines, the federal government
might collect additional fines if the legislation is enacted.
Criminal fines are recorded as revenues, deposited in the Crime
Victims Fund, and later spent. CBO expects that any additional
revenues and direct spending would not be significant because
of the small number of cases likely to be affected.
H.R. 1254 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA) and would impose no
costs on state, local, or tribal governments.
H.R. 1254 would impose private-sector mandates, as defined
in UMRA, on manufacturers, sellers, and consumers of certain
synthetic chemicals. CBO estimates that the cost of complying
with those mandates would probably exceed the annual threshold
established in UMRA for private-sector mandates in the first
year after enactment ($142 million in 2011, adjusted annually
for inflation).
By adding selected chemical compounds to Schedule I of the
Controlled Substances Act, the bill would prohibit the sale,
distribution, or use of those chemicals without a permit issued
by the Drug Enforcement Administration (DEA). The cost of that
prohibition would be the forgone income from lost sales and the
value of the inventory of the banned products. Because of the
nature of the market being regulated, the scope of sales
affected is difficult to determine. Some industry experts
estimate that the profits generated by the sale of products
containing such synthetic chemicals amount to billions of
dollars annually.
However, based on information from industry and law
enforcement experts, CBO expects that, by the date of the
legislation's enactment, most vendors will have largely
replaced the banned substances with new products because many
states have already passed legislation banning some or all of
the compounds listed in the bill; because the DEA has already
issued emergency rules temporarily banning five cannabimimetic
agents and three synthetic stimulants; and because vendors are
already anticipating passage of federal legislation. Thus, the
cost of the mandate would be much smaller than the profits
currently being earned in the industry. Given the estimated
magnitude of industry profits, however, it would only require
about a 5 percent to 10 percent decrease in profits for the
costs to exceed the annual threshold for private-sector
mandates. Consequently, CBO estimates that the cost of the
mandate would probably exceed the annual threshold in the first
year following enactment. Thereafter, costs would be minimal,
CBO estimates.
The bill also would impose a mandate by prohibiting the
unregistered possession of the banned compounds, requiring
individuals and facilities that wish to use or handle the
chemicals to register with the DEA. Individuals who are unable
to obtain DEA approval would have to dispose of the banned
chemicals in their possession. CBO expects that the cost to
those individuals would be small. Because some of those
compounds have been temporarily placed under Schedule I of the
Controlled Substances Act by two emergency rules issued by the
DEA in 2011, most researchers investigating those synthetic
compounds have already registered with the DEA. The legislation
would not require them to register again with the DEA;
therefore, CBO expects the cost of the mandate to private
research facilities to be small.
The CBO staff contact for this estimate is Mark Grabowicz
(for federal costs) and Michael Levine (for the impact on the
private sector). The estimate was approved by Theresa Gullo,
Deputy Assistant Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This Act may be cited as the ``Synthetic Drug Control Act
of 2011.''
Section 2. Addition of synthetic drugs to Schedule I of the Controlled
Substances Act
Section 2 amends section 202(c) of the Controlled
Substances Act (CSA) to schedule designated synthetic drugs
that imitate marijuana, cocaine or methamphetamines as Schedule
I under the CSA.
Section 3. Temporary scheduling to avoid imminent hazards to public
safety expansion
Section 3 amends section 201(h)(2) of the CSA to allow the
Drug Enforcement Administration (DEA), to temporarily schedule
a new substance for up to three years. Under current law, the
DEA may only temporarily schedule a substance for 18 months.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
CONTROLLED SUBSTANCES ACT
TITLE II--CONTROL AND ENFORCEMENT
* * * * * * *
Part B--Authority To Control; Standards and Schedules
AUTHORITY AND CRITERIA FOR CLASSIFICATION OF SUBSTANCES
Sec. 201. (a) * * *
* * * * * * *
(h)(1) * * *
(2) The scheduling of a substance under this subsection shall
expire at the end of [one year] 2 years from the date of the
issuance of the order scheduling such substance, except that
the Attorney General may, during the pendency of proceedings
under subsection (a)(1) with respect to the substance, extend
the temporary scheduling for up to [six months] 1 year.
* * * * * * *
SCHEDULES OF CONTROLLED SUBSTANCES
Sec. 202. (a) * * *
* * * * * * *
(c) Schedules I, II, III, IV, and V shall, unless and until
amended pursuant to section 201, consist of the following drugs
or other substances, by whatever official name, common or usual
name, chemical name, or brand name designated:
Schedule I
(a) * * *
* * * * * * *
(c) Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation,
which contains any quantity of the following hallucinogenic
substances, or which contains any of their salts, isomers, and
salts of isomers whenever the existence of such salts, isomers,
and salts of isomers is possible within the specific chemical
designation:
(1) * * *
* * * * * * *
(18) 4-methylmethcathinone (Mephedrone).
(19) 3,4-methylenedioxypyrovalerone (MDPV).
(20) 3,4-methylenedioxymethcathinone (methylone).
(21) Naphthylpyrovalerone (naphyrone).
(22) 4-fluoromethcathinone (flephedrone).
(23) 4-methoxymethcathinone (methedrone; Bk-PMMA).
(24) Ethcathinone (N-Ethylcathinone).
(25) 3,4-methylenedioxyethcathinone (ethylone).
(26) Beta-keto-N-methyl-3,4-benzodioxyolybutanamine
(butylone).
(27) N,N-dimethylcathinone (metamfepramone).
(28) Alpha-pyrrolidinopropiophenone (alpha-PPP).
(29) 4-methoxy-alpha-pyrrolidinopropiophenone
(MOPPP).
(30) 3,4-methylenedioxy-alpha-
pyrrolidinopropiophenone (MDPPP).
(31) Alpha-pyrrolidinovalerophenone (alpha-PVP).
(32) 6,7-dihydro-5H-indeno-(5,6-d)-1,3-dioxol-6-
amine) (MDAI).
(33) 3-fluoromethcathinone.
(34) 4'-Methyl-a-pyrrolidinobutiophenone (MPBP).
(d)(1) Unless specifically exempted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of cannabimimetic
agents, or which contains their salts, isomers, and salts of
isomers whenever the existence of such salts, isomers, and
salts of isomers is possible within the specific chemical
designation.
(2) In paragraph (1):
(A) The term ``cannabimimetic agents'' means any
substance that is a cannabinoid receptor type 1 (CB1
receptor) agonist as demonstrated by binding studies
and functional assays within any of the following
structural classes:
(i) 2-(3-hydroxycyclohexyl)phenol with
substitution at the 5-position of the phenolic
ring by alkyl or alkenyl, whether or not
substituted on the cyclohexyl ring to any
extent.
(ii) 3-(1-naphthoyl)indole or 3-(1-
naphthylmethane)indole by substitution at the
nitrogen atom of the indole ring, whether or
not further substituted on the indole ring to
any extent, whether or not substituted on the
naphthoyl or naphthyl ring to any extent.
(iii) 3-(1-naphthoyl)pyrrole by substitution
at the nitrogen atom of the pyrrole ring,
whether or not further substituted in the
pyrrole ring to any extent, whether or not
substituted on the naphthoyl ring to any
extent.
(iv) 1-(1-naphthylmethylene)indene by
substitution of the 3-position of the indene
ring, whether or not further substituted in the
indene ring to any extent, whether or not
substituted on the naphthyl ring to any extent.
(v) 3-phenylacetylindole or 3-benzoylindole
by substitution at the nitrogen atom of the
indole ring, whether or not further substituted
in the indole ring to any extent, whether or
not substituted on the phenyl ring to any
extent.
(B) Such term includes--
(i) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-
hydroxycyclohexyl]-phenol (CP-47,497);
(ii) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-
hydroxycyclohexyl]-phenol (cannabicyclohexanol
or CP-47,497 C8-homolog);
(iii) 1-pentyl-3-(1-naphthoyl)indole (JWH-018
and AM678);
(iv) 1-butyl-3-(1-naphthoyl)indole (JWH-073);
(v) 1-hexyl-3-(1-naphthoyl)indole (JWH-019);
(vi) 1-[2-(4-morpholinyl)ethyl]-3-(1-
naphthoyl)indole (JWH-200);
(vii) 1-pentyl-3-(2-
methoxyphenylacetyl)indole (JWH-250);
(viii) 1-pentyl-3-[1-(4-
methoxynaphthoyl)]indole (JWH-081);
(ix) 1-pentyl-3-(4-methyl-1-naphthoyl)indole
(JWH-122);
(x) 1-pentyl-3-(4-chloro-1-naphthoyl)indole
(JWH-398);
(xi) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole
(AM2201);
(xii) 1-(5-fluoropentyl)-3-(2-
iodobenzoyl)indole (AM694);
(xiii) 1-pentyl-3-[(4-methoxy)-benzoyl]indole
(SR-19 and RCS-4);
(xiv) 1-cyclohexylethyl-3-(2-
methoxyphenylacetyl)indole (SR-18 and RCS-8);
and
(xv) 1-pentyl-3-(2-chlorophenylacetyl)indole
(JWH-203).
* * * * * * *