 | This article needs additional citations for verification. (September 2014) |
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| 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 | |
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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