Analogue (Designer Drug) Act

The Controlled Substances Act (CSA) of 1970 created an administrative system for the classification of controlled substances into five schedules based on their potential for abuse, medical utility, and safety or dependence liability. Upon passage of the CSA, existing controlled substances were placed into one of the five schedules according to these and other statutory criteria. Under authority delegated to the U.S. Drug Enforcement Administration (DEA), the law contained provisions for controlled substances to be added to, removed from, or transferred between the schedules. However, required federal rulemaking procedures for implementing proposed scheduling changes—which included publishing a notice in the Federal Register, inviting public comment, and scheduling hearings upon request by affected parties—often resulted in a lengthy and cumbersome process.

The proliferation of “designer drugs” in ...