[House Report 114-787]
[From the U.S. Government Publishing Office]
114th Congress } { Rept. 114-787
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
DANGEROUS SYNTHETIC DRUG CONTROL ACT OF 2016
_______
September 26, 2016.--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. 3537]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 3537) to amend the Controlled Substances Act to
clarify how controlled substance analogues are to be regulated,
and for other purposes, having considered the same, report
favorably thereon with amendments and recommend that the bill
as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
Statement of General Performance Goals and Objectives............ 3
New Budget Authority, Entitlement Authority, and Tax Expenditures 3
Earmark, Limited Tax Benefits, and Limited Tariff Benefits....... 3
Committee Cost Estimate.......................................... 3
Congressional Budget Office Estimate............................. 4
Federal Mandates Statement....................................... 4
Duplication of Federal Programs.................................. 4
Disclosure of Directed Rule Makings.............................. 4
Advisory Committee Statement..................................... 4
Applicability to Legislative Branch.............................. 4
Section-by-Section Analysis of the Legislation................... 4
Changes in Existing Law Made by the Bill, as Reported............ 4
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dangerous Synthetic Drug Control Act
of 2016''.
SEC. 2. TREATMENT OF CERTAIN DESIGNER DRUGS AS SCHEDULE I CONTROLLED
SUBSTANCES.
(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
in subsection (d)(2)(B)--
(1) in clause (xiv) by striking ``and'' at the end;
(2) in clause (xv) by striking the period and inserting a
semicolon; and
(3) by adding at the end the following:
``(xvi) 2-(2-methylphenyl)-1-(1-pentyl-1H-
indol-3-yl)ethanone (JWH-251);
``(xvii) (1-butyl-1H-indol-3-yl)(4-
methylnaphthalen-1-yl)methanone (4'-methyl JWH-
073);
``(xviii) 2-(3-methoxyphenyl)-1-(1-pentyl-1H-
indol-3-yl)ethanone (JWH-302);
``(xix) N-(adamantan-1-yl)-1-(5-
fluoropentyl)-1H-indole-3-carboxamide (5F-
APICA);
``(xx) quinolin-8-yl 1-(5-fluoropentyl)-1H-
indole-3-carboxylate (5F-PB-22);
``(xxi) N-(1-amino-3-methyl-1-oxobutan-2-yl)-
1-pentyl-1H-indazole-3-carboxamide (AB-PINACA);
``(xxii) N-(naphthalen-1-yl)-1-pentyl-1H-
indole-3-carboxamide (MN-24);
``(xxiii) (1-(5-fluoropentyl)-1H-indazol-3-
yl)(naphthalen-1-yl)methanone (THJ-2201);
``(xxiv) N-(1-amino-3,3-dimethyl-1-oxobutan-
2-yl)-1-pentyl-1H-indazole-3-carboxamide
(ADBICA);
``(xxv) methyl 2-(1-(5-fluoropentyl)-1H-
indazole-3-carboxamido)-3-methylbutanoate (5F-
AMB); and
``(xxvi) methyl 2-(1-(cyclohexylmethyl)-1H-
indazole-3-carboxamido)-3-methylbutanoate (MA-
CHMINACA).''.
(b) Synthetic Opioids.--Schedule I, as set forth in section 202(c) of
the Controlled Substances Act (21 U.S.C. 812(c)), is amended in
subsection (a) by adding at the end the following:
``(43) Butyryl fentanyl.
``(44) beta-Hydroxythiofentanyl.
``(45) Acetyl fentanyl.''.
(c) Other Drugs.--Schedule I, as set forth in 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:
``(29) 1-(naphthalen-1-yl)-2-(pyrrolidin-1-yl)pentan-1-one
(a-naphyrone).
``(30) 1-(2,3-dihydrobenzofuran-5-yl)propan-2-amine (5-APDB).
``(31) 1-(2,3-dihydrobenzofuran-6-yl)propan-2-amine (6-APDB).
``(32) 6,7-dihydro-5H-indeno[5,6-d][1,3]dioxol-6-amine
(MDAI).
``(33) 5-iodo-2,3-dihydro-1H-inden-2-amine (5-IAI).
``(34) 1-(4-bromofuro[2,3-f]benzofuran-8-yl)propan-2-amine
(bromo-dragonfly).
``(35) 1-(4-chloro-2,5-dimethoxyphenyl)propan-2-amine (DOC).
``(36) 1-(4-ethoxy-2,5-dimethoxyphenyl)propan-2-amine
(MEM).''.
Amend the title so as to read:
A bill to amend the Controlled Substances Act to add
certain synthetic substances to schedule I, and for other
purposes.
Purpose and Summary
The bill would amend section 202(c) of the Controlled
Substances Act (CSA) by adding twenty-two synthetic drug
compounds to Schedule I.
Background and Need for Legislation
According to the Drug Enforcement Administration (DEA),
abuse and misuse of synthetic drugs is an ongoing threat to
public health and safety. These chemical compounds are often
designed in laboratories to mimic the effects of illicit drugs
and known controlled substances such as marijuana and fentanyl,
a synthetic opioid 100 times as powerful as morphine. Criminals
who develop and market these drug products in communities
across our country have been able to stay one step ahead of the
DEA since, while they closely resemble controlled substances,
they are not currently scheduled. Placing these dangerous
compounds on Schedule I of the CSA will assist DEA in their
prosecution of individuals peddling them.
Hearings
The Subcommittee on Health held a hearing on H.R. 3537 on
October 7, 2015. The Subcommittee received testimony from Dr.
Kenneth Katz, Lehigh Valley Health Network, Department of
Emergency Medicine, Section of Medical Toxicology.
Committee Consideration
On November 3 and 4, 2015, the Subcommittee on Health met
in open markup session and favorably forwarded H.R. 3537 to the
full Committee, without amendment, by a voice vote. On
September 20 and 21, 2016, the full Committee met in open
markup session and ordered H.R. 3537, as amended, favorably
reported to the House by a voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
There were no recorded votes taken in connection with ordering
H.R. 3537 reported.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee held a hearing and made
findings that are reflected in this report.
Statement of General Performance Goals and Objectives
The purpose of this bill is aid DEA in its prosecution of
individuals distributing certain synthetic drug compounds.
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.
3537 would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
Earmark, Limited Tax Benefits, and Limited Tariff Benefits
In compliance with clause 9(e), 9(f), and 9(g) of rule XXI
of the Rules of the House of Representatives, the Committee
finds that H.R. 3537 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. At the
time this report was filed, the estimate was not available.
Congressional Budget Office Estimate
At the time this report was filed, the cost estimate
prepared by the Director of the Congressional Budget Office
pursuant to section 402 of the Congressional Budget Act of 1974
was not available.
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.
Duplication of Federal Programs
No provision of H.R. 3537 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that enacting H.R. 3537
specifically directs to be completed zero specific rule makings
within the meaning of 5 U.S.C. 551.
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
Section 1 provides the short title of ``Dangerous Synthetic
Drug Control Act of 2016''.
Section 2: Treatment of certain designer drugs as schedule I controlled
substances
Section 2 amends Schedule I, as set forth in section 202(c)
of the CSA by adding new synthetic compounds, including
cannabimimetic agents and synthetic opioids.
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 italics, and 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
* * * * * * *
schedules of controlled substances
Sec. 202. (a) There are established five schedules of
controlled substances, to be known as schedules I, II, III, IV,
and V. Such schedules shall initially consist of the substances
listed in this section. The schedules established by this
section shall be updated and republished on a semiannual basis
during the two-year period beginning one year after the date of
enactment of this title and shall be updated and republished on
an annual basis thereafter.
(b) Except where control is required by United States
obligations under an international treaty, convention, or
protocol, in effect on the effective date of this part, and
except in the case of an immediate precursor, a drug or other
substance may not be placed in any schedule unless the findings
required for such schedule are made with respect to such drug
or other substance. The findings required for each of the
schedules are as follows:
(1) Schedule I.--
(A) The drug or other substance has a high potential
for abuse.
(B) The drug or other substance has no currently
accepted medical use in treatment in the United States.
(C) There is a lack of accepted safety for use of the
drug or other substance under medical supervision.
(2) Schedule II.--
(A) The drug or other substance has a high potential
for abuse.
(B) The drug or other substance has a currently
accepted medical use in treatment in the United States
or a currently accepted medical use with severe
restrictions.
(C) Abuse of the drug or other substances may lead to
severe psychological or physical dependence.
(3) Schedule III.--
(A) The drug or other substance has a potential for
abuse less than the drugs or other substances in
schedules I and II.
(B) The drug or other substance has a currently
accepted medical use in treatment in the United States.
(C) Abuse of the drug or other substance may lead to
moderate or low physical dependence or high
psychological dependence.
(4) Schedule IV.--
(A) The drug or other substance has a low potential
for abuse relative to the drugs or other substances in
schedule III.
(B) The drug or other substance has a currently
accepted medical use in treatment in the United States.
(C) Abuse of the drug or other substance may lead to
limited physical dependence or psychological dependence
relative to the drugs or other substances in schedule
III.
(5) Schedule V.--
(A) The drug or other substance has a low potential
for abuse relative to the drugs or other substances in
schedule IV.
(B) The drug or other substance has a currently
accepted medical use in treatment in the United States.
(C) Abuse of the drug or other substance may lead to
limited physical dependence or psychological dependence
relative to the drugs or other substances in schedule
IV.
(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) Unless specifically excepted or unless listed in another
schedule, any of the following opiates, including their
isomers, esters, ethers, salts, and salts of isomers, esters,
and ethers, whenever the existence of such isomers, esters,
ethers, and salts is possible within the specific chemical
designation:
(1) Acetylmethadol.
(2) Allylprodine.
(3) Alphacetylmathadol.
(4) Alphameprodine.
(5) Alphamethadol.
(6) Benzethidine.
(7) Betacetylmethadol.
(8) Betameprodine.
(9) Betamethadol.
(10) Betaprodine.
(11) Clonitazene.
(12) Dextromoramide.
(13) Dextrorphan.
(14) Diampromide.
(15) Diethylthiambutene.
(16) Dimenoxadol.
(17) Dimepheptanol.
(18) Dimethylthiambutene.
(19) Dioxaphetyl butyrate.
(20) Dipipanone.
(21) Ethylmethylthiambutene.
(22) Etonitazene.
(23) Etoxeridine.
(24) Furethidine.
(25) Hydroxypethidine.
(26) Ketobemidone.
(27) Levomoramide.
(28) Levophenacylmorphan.
(29) Morpheridine.
(30) Noracymethadol.
(31) Norlevorphanol.
(32) Normethadone.
(33) Norpipanone.
(34) Phenadoxone.
(35) Phenampromide.
(36) Phenomorphan.
(37) Phenoperidine.
(38) Piritramide.
(39) Proheptazine.
(40) Properidine.
(41) Racemoramide.
(42)Trimeperidine.
(43) Butyryl fentanyl.
(44) beta-Hydroxythiofentanyl.
(45) Acetyl fentanyl.
(b) Unless specifically excepted or unless listed in another
schedule, any of the following opium derivatives, 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) Acetorphine.
(2) Acetyldihydrocodeine.
(3) Benzylmorphine.
(4) Codeine methylbromide.
(5) Codeine-N-Oxide.
(6) Cyprenorphine.
(7) Desomorphine.
(8) Dihydromorphine.
(9) Etorphine.
(10) Heroin.
(11) Hydromorphinol.
(12) Methyldesorphine.
(13) Methylhydromorphine.
(14) Morphine methylbromide.
(15) Morphine methylsulfonate.
(16) Morphine-N-Oxide.
(17) Myrophine.
(18) Nicocodeine.
(19) Nicomorphine.
(20) Normorphine.
(21) Pholcodine.
(22) Thebacon.
(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) 3,4-methylenedioxy amphetamine.
(2) 5-methoxy-3,4-methylenedioxy amphetamine.
(3) 3,4,5-trimethoxy amphetamine.
(4) Bufotenine.
(5) Diethyltryptamine.
(6) Dimethyltryptamine.
(7) 4-methyl-2,5-dimethoxy amphetamine.
(8) Ibogaine.
(9) Lysergic acid diethylamide.
(10) Marihuana.
(11) Mescaline.
(12) Peyote.
(13) N-ethyl-3-piperidyl benzilate.
(14) N-methyl-3-piperidyl benzilate.
(15) Psilocybin.
(16) Psilocyn.
(17) Tetrahydrocannabinols.
(18) 4-methylmethcathinone (Mephedrone).
(19) 3,4-methylenedioxypyrovalerone (MDPV).
(20) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-
E).
(21) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-
D).
(22) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-
C).
(23) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I).
(24) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine
(2C-T-2).
(25) 2-[4-(Isopropylthio)-2,5-
dimethoxyphenyl]ethanamine (2C-T-4).
(26) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H).
(27) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-
N).
(28)2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine
(2C-P).
(29) 1-(naphthalen-1-yl)-2-(pyrrolidin-1-yl)pentan-1-
one (a-naphyrone).
(30) 1-(2,3-dihydrobenzofuran-5-yl)propan-2-amine (5-
APDB).
(31) 1-(2,3-dihydrobenzofuran-6-yl)propan-2-amine (6-
APDB).
(32) 6,7-dihydro-5H-indeno[5,6-d][1,3]dioxol-6-amine
(MDAI).
(33) 5-iodo-2,3-dihydro-1H-inden-2-amine (5-IAI).
(34) 1-(4-bromofuro[2,3-f]benzofuran-8-yl)propan-2-
amine (bromo-dragonfly).
(35) 1-(4-chloro-2,5-dimethoxyphenyl)propan-2-amine
(DOC).
(36) 1-(4-ethoxy-2,5-dimethoxyphenyl)propan-2-amine
(MEM).
(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)[.];
(xvi) 2-(2-methylphenyl)-1-(1-pentyl-1H-
indol-3-yl)ethanone (JWH-251);
(xvii) (1-butyl-1H-indol-3-yl)(4-
methylnaphthalen-1-yl)methanone (4,-methyl JWH-
073);
(xviii) 2-(3-methoxyphenyl)-1-(1-pentyl-1H-
indol-3-yl)ethanone (JWH-302);
(xix) N-(adamantan-1-yl)-1-(5-fluoropentyl)-
1H-indole-3-carboxamide (5F-APICA);
(xx) quinolin-8-yl 1-(5-fluoropentyl)-1H-
indole-3-carboxylate (5F-PB-22);
(xxi) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-
pentyl-1H-indazole-3-carboxamide (AB-PINACA);
(xxii) N-(naphthalen-1-yl)-1-pentyl-1H-
indole-3-carboxamide (MN-24);
(xxiii) (1-(5-fluoropentyl)-1H-indazol-3-
yl)(naphthalen-1-yl)methanone (THJ-2201);
(xxiv) N-(1-amino-3,3-dimethyl-1-oxobutan-2-
yl)-1-pentyl-1H-indazole-3-carboxamide
(ADBICA);
(xxv) methyl 2-(1-(5-fluoropentyl)-1H-
indazole-3-carboxamido)-3-methylbutanoate (5F-
AMB); and
(xxvi) methyl 2-(1-(cyclohexylmethyl)-1H-
indazole-3-carboxamido)-3-methylbutanoate (MA-
CHMINACA).
* * * * * * *
[all]