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Analogue Control for UNITED STATES

Analogue Control
Controlled Substances Analogue Enforcement Act (CSA) of 1986: section 802 (32) (A) and section 813
1986
The Controlled Substances Analogue Enforcement Act (CSA) of 1986 (section §802 (32) (A) and §813) defines a “controlled substance analogue” as a substance (i) whose chemical structure is substantially similar to the structure of a scheduled substance; (ii) whose effects are substantially similar to or greater than the effects of a controlled substance or, (iii) the substance is thought to have such an effect. Controlled Substance Analogues are treated as Schedule I Controlled Substances for the purposes of prosecution and sentencing, pursuant to the Controlled Substances Act. The use of analogue control operates on a substance by substance basis, and therefore each new substance needs to be assessed individually by a Court who decides whether the substance is or not controlled. Courts in the United States have interpreted the law as meaning that both requirements (similarity in the structure and the effects), must be fulfilled.

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