Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?

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]