[Federal Register Volume 69, Number 53 (Thursday, March 18, 2004)]
[Rules and Regulations]
[Pages 12794-12797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6110]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1308

[Docket No. DEA-247F]


Schedules of Controlled Substances; Placement of 2,5-Dimethoxy-4-
(n)-propylthiophenethylamine and N-Benzylpiperazine Into Schedule I of 
the Controlled Substances Act

AGENCY: Drug Enforcement Administration (DEA), Department of Justice.

ACTION: Final rule.

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SUMMARY: This final rulemaking is issued by the Acting Deputy 
Administrator of the Drug Enforcement Administration (DEA) to place 
2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7) and N-
benzylpiperazine (BZP) into Schedule I of the Controlled Substances Act 
(CSA). This action by the DEA Acting Deputy Administrator is based on a 
scheduling recommendation by the Department of Health and Human 
Services (DHHS) and a DEA review indicating that 2C-T-7 and BZP meet 
the criteria for placement in Schedule I of the CSA. This final rule 
will continue to impose the regulatory controls and criminal sanctions 
of Schedule I substances on the manufacture, distribution, and 
possession of 2C-T-7 and BZP.

EFFECTIVE DATE: March 18, 2004.

FOR FURTHER INFORMATION CONTACT: Christine A. Sannerud, Ph.D., Chief, 
Drug and Chemical Evaluation Section, Office of Diversion Control, Drug 
Enforcement Administration, Washington, DC 20537, Telephone (202) 307-
7183.

SUPPLEMENTARY INFORMATION: On September 20, 2002, the Deputy 
Administrator of the DEA published two separate final rules in the 
Federal Register (67 FR 59161 and 67 FR 59163) amending Sec.  
1308.11(g) of Title 21 of the Code of Federal Regulations to 
temporarily place 2C-T-7, BZP and TFMPP (1-(3-
trifluromethylphenyl)piperazine into Schedule I of the CSA pursuant to 
the temporary scheduling provisions of 21 U.S.C. 811(h). These final 
rules, which became effective on the date of publication, were based on 
findings by the Deputy Administrator that the temporary scheduling of 
BZP, TFMPP and 2C-T-7 was necessary to avoid an imminent hazard to the 
public safety. Section 201(h)(2) of the CSA (21 U.S.C. 811(h)(2)) 
requires that the temporary

[[Page 12795]]

scheduling of a substance expires at the end of one year from the 
effective date of the order. However, if proceedings to schedule a 
substance pursuant to 21 U.S.C 811(a)(1) have been initiated and are 
pending, the temporary scheduling of a substance may be extended for up 
to six months. On September 8, 2003, the Administrator published a 
notice of proposed rulemaking in the Federal Register (68 FR 52872) to 
place BZP, TFMPP and 2C-T-7 into Schedule I of the CSA on a permanent 
basis. The temporary scheduling of BZP, TFMPP and 2C-T-7 which would 
have expired on September 19, 2003, was extended to March 19, 2004 (68 
FR 53289). One comment was received regarding the proposed placement of 
these substances in Schedule I of the CSA.
    The DEA has gathered and reviewed the available information 
regarding the pharmacology, chemistry, trafficking, actual abuse, 
pattern of abuse and the relative potential for abuse for 2C-T-7, BZP 
and TFMPP. The Administrator has submitted these data to the Assistant 
Secretary for Health, Department of Health and Human Services (DHHS). 
In accordance with 21 U.S.C. 811(b), the Administrator also requested a 
scientific and medical evaluation and a scheduling recommendation for 
2C-T-7, BZP and TFMPP from the Assistant Secretary of DHHS. On March 
10, 2004, the Acting Assistant Secretary for Health recommended that 
2C-T-7 and BZP be permanently controlled in Schedule I of the CSA. 
However, under recommendation of the Food and Drug Administration (FDA) 
and a scientific evaluation of the National Institute on Drug Abuse 
(NIDA), the DHHS did not recommend control of TFMPP. Accordingly, TFMPP 
will no longer be controlled under the CSA after March 19, 2004.
    BZP is a piperazine derivative. This substance has not been 
evaluated or approved for medical use in the U.S. The available 
scientific evidence suggests that the pharmacological effects of BZP 
are substantially similar to amphetamine.
    BZP is self-administered by monkeys maintained on cocaine and fully 
generalizes to amphetamine's discriminative stimulus in monkeys. The 
effects of BZP in amphetamine-trained monkeys strongly suggest that BZP 
will produce amphetamine-like effects in humans. BZP acts as a 
stimulant in humans and produces euphoria and cardiovascular changes 
including increases in heart rate and systolic blood pressure. BZP is 
about 20 times more potent than amphetamine in producing these effects. 
However, in subjects with a history of amphetamine dependence, BZP was 
found to be about 10 times more potent than amphetamine. The risks to 
the public health associated with amphetamine abuse are well known and 
documented. BZP is likely to share these same public health risks.
    The abuse of BZP was first reported in late 1996 in California. 
Since that time, the DEA, state and local law enforcement agencies have 
encountered BZP in California, Connecticut, Florida, Illinois, Indiana, 
Iowa, Louisiana, Minnesota, Missouri, Nevada, New York, Ohio, Oregon, 
Pennsylvania, Rhode Island, South Carolina, Texas, Virginia, 
Washington, DC, and Wisconsin. Since 2000, there have been 83 cases 
involving the seizure of nearly 18,000 BZP tablets and over 600,000 
grams of BZP powder. Seizures involving the combination of TFMPP and 
BZP include over 55,000 tablets and over 80 grams of powder.
    BZP has increasingly been found in similar venues as the popular 
club drug MDMA (also known as Ecstasy). BZP, often in combination with 
TFMPP, is sold as MDMA, promoted as an alternative to MDMA and is 
targeted to the youth population. BZP (alone or in combination with 
TFMPP) has been encountered in powder and tablet form and sold on the 
Internet.
    2C-T-7 is the sulfur analogue of 4-bromo-2,5-
dimethoxyphenethylamine (2CB) and shares structural similarity with 
other Schedule I phenethylamine hallucinogens including 2,5-dimethoxy-
4-methylamphetamine (DOM) and 1-(4-bromo-2,5-dimethoxyphenyl)-2-
aminopropane (DOB). Based on its structural similarity to 2CB, one 
would expect 2C-T-7's pharmacological profile to be qualitatively 
similar to 2CB.
    2C-T-7 is abused for its action on the central nervous system 
(CNS), and for its ability to produce euphoria with 2CB-like 
hallucinations. 2C-T-7 has not been approved for medical use in the 
United States by the FDA and the safety of this substance for use in 
humans has never been demonstrated.
    Drug discrimination studies in animals indicate that 2C-T-7 is a 
psychoactive substance capable of producing hallucinogenic-like 
discriminative stimulus effects (i.e., subjective effects). 2C-T-7's 
subjective effects were shown to share some commonality with LSD; it 
partially substituted for LSD up to doses that severely disrupted 
performance in rats trained to discriminate LSD. In rats trained to 
discriminate DOM, 2C-T-7 fully substituted for DOM and was slightly 
less potent than 2CB in eliciting DOM-like effects. The ability of 2C-
T-7 to function as a discriminative stimulus has been evaluated in rats 
trained to discriminative 1.0 mg/kg of 2C-T-7 from saline. After 
stimulus control was established, 2C-T-7, 2CB (0.6, 1.0, and 2.0 mg/Kg) 
and LSD (0.1 mg/kg) were substituted for 2C-T-7. Results suggest that 
both 2CB and LSD share 2C-T-7-like discriminative stimulus effects. 2CB 
generalized to the 2C-T-7 stimulus cue; 96 percent 2C-T-7-appropriate 
responding was observed. LSD elicited 95 percent 2C-T-7-appropriate 
responding.
    The subjective effects of 2C-T-7, like those of 2CB and DOM, appear 
to be mediated through central serotonin receptors. 2C-T-7 selectively 
binds to the 5-HT receptor system. Users indicate that the 
hallucinogenic effects of 2C-T-7 are comparable to those of 2CB and 
mescaline.
    The abuse of stimulant/hallucinogenic substances in popular all 
night dance parties (raves) and in other venues has been a major 
problem in Europe since the 1990s. In the past several years, this 
activity has spread to the United States. MDMA and its analogues, are 
the most popular drugs abused at these raves. Their abuse has been 
associated with both acute and long-term public health and safety 
problems. These raves have also become venues for the trafficking and 
abuse of other controlled substances. 2C-T-7 has been encountered at 
raves in Wisconsin, California, and Georgia.
    The abuse of 2C-T-7 by young adults in the United States began to 
spread in the year 2000. Since that time, 2C-T-7 has been encountered 
by law enforcement agencies in Wisconsin, Texas, Tennessee, Washington, 
Oklahoma, Georgia, and California. 2C-T-7 has been purchased in powder 
form over the Internet and distributed as such. In the United States, 
capsules containing 2C-T-7 powder have been encountered.
    2C-T-7 can produce sensory distortions and impaired judgment can 
lead to serious consequences for both the user and the general public. 
To date, three deaths have been associated with the consumption of 2C-
T-7 alone or in combination with MDMA. The first death occurred in 
Oklahoma during April of 2000; a young healthy male overdosed on 2C-T-7 
following intranasal administration. The other two 2C-T-7 related 
deaths occurred in April 2001 and resulted from the co-abuse of 2C-T-7 
with MDMA. One young man died in Tennessee while another man died in 
the state of Washington.
    In 2002, law enforcement data identified an Internet site that sold 
2C-T-7. This site was traced to an

[[Page 12796]]

individual in Indiana who had been selling large quantities of this 
substance since January 2000. Sales through this Internet site were 
thought to be the major source of this drug in the U.S. After further 
investigation, one clandestine laboratory was identified in Las Vegas, 
Nevada who was the supplier of 2-C-T-7 for the individual in Indiana.
    The DEA received one comment from an organization in response to 
the proposed placement of 2C-T-7, BZP and TFMPP into Schedule I of the 
CSA. This organization did not support the proposed placement of these 
drugs into Schedule I on the following basis: (1) They felt 
insufficient data exists to support placement into Schedule I as the 
mere use of these substances was not abuse and (2) Prohibiting the 
possession of these substances is a substantial infringement of the 
fundamental right of adults to freedom of thought. Both the DEA and the 
DHHS have found that sufficient scientific, trafficking and abuse data, 
as summarized herein, does exist to place 2C-T-7 and BZP in Schedule I 
of the CSA on a permanent basis. As these substances have no legitimate 
medical use in the U.S., the trafficking in, and use by individuals for 
the psychoactive effects they produce, is considered abuse. In 
addition, the control of these substances in Schedule I of the CSA does 
not violate any legally protected right.
    Based on all the available information gathered and reviewed by the 
DEA and in consideration of the scientific and medical evaluation and 
scheduling recommendation by the Assistant Secretary of the DHHS, the 
Acting Deputy Administrator has determined that sufficient data exist 
to support the placement of 2C-T-7 and BZP into Schedule I of the CSA 
pursuant to 21 U.S.C. 811(a). The Acting Deputy Administrator finds:
    (1) 2C-T-7 and BZP have a high potential for abuse.
    (2) 2C-T-7 and BZP have no currently accepted medical use in 
treatment in the United States.
    (3) 2C-T-7 and BZP lack accepted medical safety for use under 
medical supervision.

In accordance with 21 U.S.C. 811(h)(5), the Acting Deputy Administrator 
hereby vacates the orders temporarily placing 2C-T-7, BZP and TFMPP 
into Schedule I of the CSA published in the Federal Register on 
September 20, 2002.
    The Acting Deputy Administrator of the DEA hereby certifies that 
the placement of 2C-T-7 and BZP into Schedule I of the CSA will have no 
significant impact upon entities whose interests must be considered 
under the Regulatory Flexibility Act, 5 U.S.C. 601 et seq. This action 
involves the control of two substances with no currently accepted 
medical use in the United States.
    This final rule is not a significant regulatory action for the 
purposes of Executive Order (E.O.) 12866 of September 30, 1993. Drug 
Scheduling matters are not subject to review by the Office of 
Management and Budget (OMB) pursuant to provisions of E.O. 12866, 
section 3(d)(1).
    This action has been analyzed in accordance with the principles and 
criteria in E.O. 13132, and it has been determined that this rulemaking 
does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.

Regulatory Requirements

    With the issuance of this final order, 2C-T-7 and BZP continue to 
be subject to regulatory controls and administrative, civil and 
criminal sanctions applicable to the manufacture, distribution, 
dispensing, importing and exporting of a Schedule I controlled 
substance, including the following:
    1. Registration. Any person who manufactures, distributes, 
dispenses, imports or exports 2C-T-7 and BZP or who engages in research 
or conducts instructional activities with respect to 2C-T-7 and BZP or 
who proposes to engage in such activities must submit an application 
for Schedule I registration in accordance with part 1301 of Title 21 of 
the Code of Federal Regulations (CFR).
    2. Security. 2C-T-7 and BZP are subject to Schedule I security 
requirements and must be manufactured, distributed and stored in 
accordance with Sec. Sec.  1301.71, 1301.72(a), (c), and (d), 1301.73, 
1301.74, 1301.75 (a) and (c) and 1301.76 of Title 21 of the Code of 
Federal Regulations.
    3. Labeling and Packaging. All labels and labeling for commercial 
containers of 2C-T-7 and BZP which are distributed on or after April 
19, 2004, shall comply with requirements of Sec. Sec.  1302.03-1302.07 
of Title 21 of the Code of Federal Regulations.
    4. Quotas. Quotas for 2C-T-7 and BZP are established pursuant to 
Part 1303 of Title 21 of the Code of Federal Regulations.
    5. Inventory. Every registrant required to keep records and who 
possesses any quantity of 2C-T-7 and BZP is required to keep an 
inventory of all stocks of the substances on hand pursuant to 
Sec. Sec.  1304.03, 1304.04 and 1304.11 of Title 21 of the Code of 
Federal Regulations. Every registrant who desires registration in 
Schedule I for 2C-T-7 and BZP shall conduct an inventory of all stocks 
of 2C-T-7 and BZP.
    6. Records. All registrants are required to keep records pursuant 
to Sec. Sec.  1304.03, 1304.04 and Sec. Sec.  1304.21-1304.23 of Title 
21 of the Code of Federal Regulations.
    7. Reports. All registrants required to submit reports in 
accordance with Sec.  1304.31 through Sec.  1304.33 of Title 21 of the 
Code of Federal Regulations shall do so regarding 2C-T-7 and BZP.
    8. Order Forms. All registrants involved in the distribution of 2C-
T-7 and BZP must comply with the order form requirements of part 1305 
of Title 21 of the Code of Federal Regulations
    9. Importation and Exportation. All importation and exportation of 
2C-T-7 and BZP must be in compliance with part 1312 of Title 21 of the 
Code of Federal Regulations.
    10. Criminal Liability. Any activity with 2C-T-7 and BZP not 
authorized by, or in violation of, the Controlled Substances Act or the 
Controlled Substances Import and Export Act occurring on or after March 
18, 2004, will continue to be unlawful.

List of Subjects in 21 CFR Part 1308

    Administrative practice and procedure, Drug traffic control, 
Reporting and recordkeeping requirements.


0
Under the authority vested in the Attorney General by Section 201(a) of 
the CSA (21 U.S.C. 811(a)), and delegated to the Administrator of the 
DEA by the Department of Justice regulations (28 CFR 0.100) and re-
delegated to the Deputy Administrator pursuant to 28 CFR 0.104, the 
Acting Deputy Administrator amends 21 CFR Part 1308 as follows:

PART 1308--SCHEDULES OF CONTROLLED SUBSTANCES

0
1. The authority citation for Part 1308 continues to read as follows:

    Authority: 21 U.S.C. 811, 812, 871(b) unless otherwise noted.


0
2. Section 1308.11 is amended by:
0
A. Removing paragraphs (g)(3), (4) and (5) and redesignating paragraphs 
(g)(6) and (7) as (g)(3) and (4) respectively;
0
B. Redesignating existing paragraphs (d)(6) through (d)(31) as 
paragraphs (d)(7) through (d)(32) respectively;
0
C. Adding a new paragraph (d)(6),
0
D. Redesignating existing paragraphs (f)(2) through (f)(7) as 
paragraphs (f)(3) through (f)(8) respectively; and
0
E. Adding a new paragraph (f)(2) to read as follows:


Sec.  1308.11  Schedule I.

* * * * *

[[Page 12797]]

    (d) * * *

(6) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (other name: 2C-   7348
 T-7)...........................................................
 

* * * * *
    (f) * * *

(2) N-Benzylpiperazine (some other names: BZP, 1-                   7493
 benzylpiperazine)..............................................
 


    Dated: March 15, 2004.
Michele M. Leonhart,
Acting Deputy Administrator.
[FR Doc. 04-6110 Filed 3-17-04; 8:45 am]
BILLING CODE 4410-09-P