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Import and Export Controls Imposed on Three Synthetic Cannabinoids

Monday, October 16, 2017
Sandler, Travis & Rosenberg Trade Report

The Drug Enforcement Administration has issued a final rule that, effective Oct. 16, places the following synthetic cannabinoids, including their salts, isomers, and salts of isomers wherever the existence of such is possible, into schedule I of the Controlled Substances Act.

- N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (AB-CHMINACA)

- N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1Hindazole-3-carboxamide (AB-PINACA)

- [1-(5-fluoropentyl)-1H- indazol-3-yl](naphthalen-1-yl)methanone (THJ-2201)

The DEA states that these substances have a high potential for abuse, have no currently accepted medical use in treatment in the U.S., and lack accepted safety for use under medical supervision.

These substances were previously placed into schedule I temporarily; as a result, this rule permanently continues the regulatory controls and administrative, civil, and criminal sanctions applicable to schedule I controlled substances on persons who handle (import, export, manufacture, distribute, engage in research, conduct instructional activities or chemical analysis, or possess) any of these substances. These include the following.

- all importation and exportation of these substances must continue to be in compliance with 21 USC 952, 953, 957, and 958 and in accordance with 21 CFR part 1312

- any activity involving these substances that is not authorized by, or is in violation of, the Controlled Substances Act or its implementing regulations continues to be unlawful and may subject the person to administrative, civil, or criminal sanctions

- any person who handles or desires to handle one of these substances must be registered with the DEA to conduct such activities

- all labels, labeling, and packaging for commercial containers of these substances must comply with 21 USC 825 and 958(e) and be in accordance with 21 CFR part 1302

- only registered manufacturers are permitted to manufacture these substances in accordance with an assigned quota

- every DEA registrant that possesses any quantity of these substances must take an inventory of all stocks on hand as of Oct. 16

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