Temporary and permanent scheduling of schedule A substances

Section 201 of the Controlled Substances Act (21 U.S.C. 811) is amended by adding at the end the following: (k) Temporary and permanent scheduling of schedule A substances (1) In general The Attorney General may issue a temporary order adding a drug or substance to schedule A if the Attorney General finds that— (A) the drug or other substance satisfies the criteria for being considered a schedule A substance; and (B) adding such drug or substance to schedule A will assist in preventing abuse of the drug or other substance. (2) Duration of temporary scheduling order A temporary scheduling order issued under paragraph (1) shall— (A) not take effect until 30 days after the date of the publication by the Attorney General of a notice in the Federal Register of the intention to issue such order and the grounds upon which such order is to be issued; and (B) expire not later than 5 years after the date on which the order becomes effective, except that the Attorney General may, during the pendency of proceedings under paragraph (5), extend the temporary scheduling order for up to 180 days. (3) Effect of issuance of permanent scheduling order A temporary scheduling order issued under paragraph (1) shall be vacated upon the issuance of a permanent order issued under paragraph (5) with regard to the same substance, or upon the subsequent issuance of any scheduling order under this section. (4) Limitation on judicial review A temporary scheduling order issued under paragraph (1) shall not be subject to judicial review. (5) Permanent scheduling order (A) In general Except as provided in subparagraph (B), not earlier than 3 years after the date on which the Attorney General issues an order temporarily scheduling a drug or substance under this subsection, the Attorney General may, by rule, issue a permanent order adding the drug or other substance to schedule A if such drug or substance satisfies the criteria for being considered a schedule A substance. (B) Limitation If the Secretary of Health and Human Services, in consultation with the Attorney General, has determined, based on relevant scientific studies and necessary data gathered by the Secretary of Health and Human Services and gathered by the Attorney General, that a drug or other substance that has been temporarily placed in schedule A does not have sufficient potential for abuse to warrant control in any schedule, and provides a 30-day written notice of such determination to the Attorney General, the Attorney General— (i) may not issue a permanent scheduling order under subparagraph (A); and (ii) not later than 30 days after the date on which the Attorney General receives such notice, shall issue an order immediately terminating the temporary scheduling order for the drug or other substance. (6) Notice to HHS Before initiating proceedings under paragraph (1), the Attorney General shall transmit notice of a temporary order proposed to be issued to the Secretary of Health and Human Services. In issuing an order under paragraph (1), the Attorney General shall take into consideration any comments submitted by the Secretary of Health and Human Services in response to a notice transmitted pursuant to this paragraph..