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21 USC § 813 - Treatment of controlled substance analogues 

---
identifier: "/us/usc/t21/s813"
source: "usc"
legal_status: "official_prima_facie"
title: "21 USC § 813 - Treatment of controlled substance analogues"
title_number: 21
title_name: "FOOD AND DRUGS"
section_number: "813"
section_name: "Treatment of controlled substance analogues"
chapter_number: 13
chapter_name: "DRUG ABUSE PREVENTION AND CONTROL"
subchapter_number: "I"
subchapter_name: "CONTROL AND ENFORCEMENT"
part_number: "B"
part_name: "Authority To Control; Standards and Schedules"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 91–513, title II, § 203, as added Pub. L. 99–570, title I, § 1202, Oct. 27, 1986, 100 Stat. 3207–13; amended Pub. L. 100–690, title VI, § 6470(c), Nov. 18, 1988, 102 Stat. 4378; Pub. L. 115–271, title III, § 3241, Oct. 24, 2018, 132 Stat. 3950.)"
---

# § 813. Treatment of controlled substance analogues

**(a)** **In general** A controlled substance analogue shall, to the extent intended for human consumption, be treated, for the purposes of any Federal law as a controlled substance in schedule I.

**(b)** **Determination** In determining whether a controlled substance analogue was intended for human consumption under subsection (a), the following factors may be considered, along with any other relevant factors:

**(1)** The marketing, advertising, and labeling of the substance.

**(2)** The known efficacy or usefulness of the substance for the marketed, advertised, or labeled purpose.

**(3)** The difference between the price at which the substance is sold and the price at which the substance it is purported to be or advertised as is normally sold.

**(4)** The diversion of the substance from legitimate channels and the clandestine importation, manufacture, or distribution of the substance.

**(5)** Whether the defendant knew or should have known the substance was intended to be consumed by injection, inhalation, ingestion, or any other immediate means.

**(6)** Any controlled substance analogue that is manufactured, formulated, sold, distributed, or marketed with the intent to avoid the provisions of existing drug laws.

**(c)** **Limitation** For purposes of this section, evidence that a substance was not marketed, advertised, or labeled for human consumption, by itself, shall not be sufficient to establish that the substance was not intended for human consumption.

---

**Source Credit**: (Pub. L. 91–513, title II, § 203, as added Pub. L. 99–570, title I, § 1202, Oct. 27, 1986, 100 Stat. 3207–13; amended Pub. L. 100–690, title VI, § 6470(c), Nov. 18, 1988, 102 Stat. 4378; Pub. L. 115–271, title III, § 3241, Oct. 24, 2018, 132 Stat. 3950.)

## Editorial Notes

### References in Text

Schedule I, referred to in subsec. (a), is set out in .

### Amendments

2018— designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c).

1988— substituted “any Federal law” for “this subchapter and subchapter II of this chapter”.