Establishment of Schedule A

Section 202 of the Controlled Substances Act (21 U.S.C. 812) is amended— (1) in subsection (a), by striking five schedules of controlled substances, to be known as schedules I, II, III, IV, and V and inserting six schedules of controlled substances, to be known as schedules I, II, III, IV, V, and A; (2) in subsection (b), by adding at the end the following: (6) Schedule A (A) In general The drug or substance— (i) is or has been imported, or is offered for import, into the United States; (ii) has— (I) a chemical structure that is substantially similar to the chemical structure of a controlled substance in schedule I, II, III, IV, or V; and (II) an actual or predicted stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I, II, III, IV, or V; and (iii) is not listed or otherwise included in any other schedule in this section or by regulation of the Attorney General. (B) Predicted stimulant, depressant, or hallucinogenic effect For purpose of this paragraph, a predicted stimulant, depressant, or hallucinogenic effect on the central nervous system may be based on— (i) (I) the chemical structure; and (II) (aa) the structure activity relationships; or (bb) binding receptor assays and other relevant scientific information about the substance; (ii) (I) the current or relative potential for abuse of the substance; and (II) the clandestine importation, manufacture, or distribution, or diversion from legitimate channels, of the substance; or (iii) the capacity of the substance to cause a state of dependence, including physical or psychological dependence that is similar to or greater than that of a controlled substance in schedule I, II, III, IV, or V.; and (3) in subsection (c)— (A) in the matter preceding schedule I, by striking IV, and V and inserting IV, V, and A; and (B) by adding at the end the following: Schedule A Any substance temporarily or permanently scheduled by the Attorney General in accordance with section 201(k)..