Sec. 102 TITLES II AND III OF THE COMPREHENSIVE DRUG ABUSE... 6

Sec. 102 TITLES II AND III OF THE COMPREHENSIVE DRUG ABUSE... 6 

(A) a drug which contains any quantity of barbituric acid or any of the salts of barbituric acid; or 

(B) a drug which contains any quantity of (i) amphetamine or any of its optical isomers; (ii) any salt of amphetamine or any salt of an optical isomer of amphetamine; or (iii) any sub- stance which the Attorney General, after investigation, has found to be, and by regulation designated as, habit forming be- cause of its stimulant effect on the central nervous system; or 

(C) lysergic acid diethylamide; or 

(D) any drug which contains any quantity of a substance which the Attorney General, after investigation, has found to have, and by regulation designated as having, a potential for abuse because of its depressant or stimulant effect on the cen- tral nervous system or its hallucinogenic effect.
(10) The term ‘‘dispense’’ means to deliver a controlled sub- 

stance to an ultimate user or research subject by, or pursuant to the lawful order of, a practitioner, including the prescribing and administering of a controlled substance and the packaging, label- ing, or compounding necessary to prepare the substance for such delivery. The term ‘‘dispenser’’ means a practitioner who so delivers a controlled substance to an ultimate user or research subject. 

(11) The term ‘‘distribute’’ means to deliver (other than by ad- ministering or dispensing) a controlled substance or a listed chem- ical. The term ‘‘distributor’’ means a person who so delivers a con- trolled substance or a listed chemical. 

(12) The term ‘‘drug’’ has the meaning given that term by sec- tion 201(g)(1) of the Federal Food, Drug, and Cosmetic Act. 

(13) The term ‘‘felony’’ means any Federal or State offense clas- sified by applicable Federal or State law as a felony. 

(14) The term ‘‘isomer’’ means the optical isomer, except as used in schedule I(c) and schedule II(a)(4). As used in schedule I(c), the term ‘‘isomer’’ means any optical, positional, or geometric iso- mer. As used in schedule II(a)(4), the term ‘‘isomer’’ means any op- tical or geometric isomer. 

(15) The term ‘‘manufacture’’ means the production, prepara- tion, propagation, compounding, or processing of a drug or other substance, either directly or indirectly or by extraction from sub- stances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of such substance or la- beling or relabeling of its container; except that such term does not include the preparation, compounding, packaging, or labeling of a drug or other substance in conformity with applicable State or local law by a practitioner as an incident to his administration or dis- pensing of such drug or substance in the course of his professional practice. The term ‘‘manufacturer’’ means a person who manufac- tures a drug or other substance. 

(16) The term ‘‘marihuana’’ means all parts of the plant Can- nabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. Such term does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufac- 

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7 TITLES II AND III OF THE COMPREHENSIVE DRUG ABUSE... Sec. 102 

ture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. 

(17) The term ‘‘narcotic drug’’ means any of the following whether produced directly or indirectly by extraction from sub- stances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical syn- thesis: 

(A) Opium, opiates, derivatives of opium and opiates, in- cluding their isomers, esters, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation. Such term does not include the isoquinoline alkaloids of opium. 

(B) Poppy straw and concentrate of poppy straw. 

(C) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgo- nine or their salts have been removed. 

(D) Cocaine, its salts, optical and geometric isomers, and salts of isomers. 

(E) Ecgonine, its derivatives, their salts, isomers, and salts of isomers. 

(F) Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subpara- graphs (A) through (E).
(18) The term ‘‘opiate’’or ‘‘opioid’’ means any drug or other sub- 

stance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug hav- ing such addiction-forming or addiction-sustaining liability. 

(19) The term ‘‘opium poppy’’ means the plant of the species Papaver somniferum L., except the seed thereof. 

(20) The term ‘‘poppy straw’’ means all parts, except the seeds, of the opium poppy, after mowing. 

(21) The term ‘‘practitioner’’ means a physician, dentist, veteri- narian, scientific investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted, by the United States or the jurisdiction in which he practices or does research, to dis- tribute, dispense, conduct research with respect to, administer, or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research. 

(22) The term ‘‘production’’ includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. 

(23) The term ‘‘immediate precursor’’ means a substance—
(A) which the Attorney General has found to be and by regulation designated as being the principal compound used, or produced primarily for use, in the manufacture of a controlled 

substance;
(B) which is an immediate chemical intermediary used or 

likely to be used in the manufacture of such controlled sub- stance; and 

(C) the control of which is necessary to prevent, curtail, or limit the manufacture of such controlled substance.
(24) The term ‘‘Secretary’’, unless the context otherwise indi- 

cates, means the Secretary of Health, Education, and Welfare. 

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Sec. 102 TITLES II AND III OF THE COMPREHENSIVE DRUG ABUSE... 8 

(25) The term ‘‘serious bodily injury’’ means bodily injury which involves— 

(A) a substantial risk of death;
(B) protracted and obvious disfigurement; or
(C) protracted loss or impairment of the function of a bod- 

ily member, or organ, or mental faculty.
(26)11 The term ‘‘State’’ means a State of the United 

States, the District of Columbia, and any commonwealth, terri- tory, or possession of the United States.
(27) The term ‘‘ultimate user’’ means a person who has law- 

fully obtained, and who possesses, a controlled substance for his own use or for the use of a member of his household or for an ani- mal owned by him or by a member of his household. 

(28) The term ‘‘United States’’, when used in a geographic sense, means all places and waters, continental or insular, subject to the jurisdiction of the United States. 

(29) The term ‘‘maintenance treatment’’ means the dispensing, for a period in excess of twenty-one days, of a narcotic drug in the treatment of an individual for dependence upon heroin or other morphine-like drugs. 

(30) The term ‘‘detoxification treatment’’ means the dispensing, for a period not in excess of one hundred and eighty days, of a nar- cotic drug in decreasing doses to an individual in order to alleviate adverse physiological or psychological effects incident to with- drawal from the continuous or sustained use of a narcotic drug and as a method of bringing the individual to a narcotic drug-free state within such period. 

(31) The term ‘‘Convention on Psychotropic Substances’’ means the Convention on Psychotropic Substances signed at Vienna, Aus- tria, on February 21, 1971; and the term ‘‘Single Convention on Narcotic Drugs’’ means the Single Convention on Narcotic Drugs signed at New York, New York, on March 30, 1961. 

(32)(A) Except as provided in subparagraph (C), the term ‘‘con- trolled substance analogue’’ means a substance— 

(i) the chemical structure of which is substantially similar to the chemical structure of a controlled substance in schedule I or II; 

(ii) which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially simi- lar to or greater than the stimulant, depressant, or hallucino- genic effect on the central nervous system of a controlled sub- stance in schedule I or II; or 

(iii) with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallu- cinogenic effect on the central nervous system that is substan- tially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a con- trolled substance in schedule I or II. 

(B) The designation of gamma butyrolactone or any other chemical as a listed chemical pursuant to paragraph (34) or (35) does not preclude a finding pursuant to subparagraph (A) of this paragraph that the chemical is a controlled substance analogue. 

11 Indentation so in law. See section 607(j)(1) of Public Law 104–294. 

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9 TITLES II AND III OF THE COMPREHENSIVE DRUG ABUSE... Sec. 102 

(C) Such term does not include—
(i) a controlled substance;
(ii) any substance for which there is an approved new drug 

application;
(iii) with respect to a particular person any substance, if 

an exemption is in effect for investigational use, for that per- son, under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) to the extent conduct with respect to such substance is pursuant to such exemption; or 

(iv) any substance to the extent not intended for human consumption before such an exemption takes effect with re- spect to that substance.
(33) The term ‘‘listed chemical’’ means any list I chemical or 

any list II chemical.
(34) The term ‘‘list I chemical’’ means a chemical specified by 

regulation to the Attorney General as a chemical that is used in manufacturing a controlled substance in violation of this title and is important to the manufacture of the controlled substances, and such term includes (until otherwise specified by regulation of the Attorney General, as considered appropriate by the Attorney Gen- eral or upon petition to the Attorney General by any person) the following: 

(A) Anthranilic acid, its esters, and its salts.
(B) Benzyl cyanide.
(C) Ephedrine, its salts, optical isomers, and salts of opti- 

cal isomers.
(D) Ergonovine and its salts.
(E) Ergotamine and its salts.
(F) N-Acetylanthranilic acid, its esters, and its salts.
(G) Norpseudoephedrine, its salts, optical isomers, and 

salts of
(H) Phenylacetic acid, its esters, and its salts.
(I) Phenylpropanolamine, its salts, optical isomers, and 

salts of optical isomers.
(J) Piperidine and its salts.
(K) Pseudoephedrine, its salts, optical isomers, and salts of 

optical isomers.
(L) 3,4-Methylenedioxyphenyl-2-propanone. (M) Methylamine.
(N) Ethylamine.
(O) Propionic anhydride. 

(P) Isosafrole. 12 (Q) Safrole. 

(R) Piperonal.
(S) N-Methylephedrine. 13 

(T) N-methylpseudoephedrine. (U) Hydriodic acid. 13 

(V) Benzaldehyde.
(W) Nitroethane.
(X) Gamma butyrolactone. 

12 Indentation so in law. See section 209 of Public Law 104–237. 13 Indentation so in law. See section 209 of Public Law 104–237. 

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Sec. 102 TITLES II AND III OF THE COMPREHENSIVE DRUG ABUSE... 10 

(Y) Any salt, optical isomer, or salt of an optical isomer of the chemicals listed in subparagraphs (M) through (U) of this paragraph.
(35) The term ‘‘list II chemical’’ means a chemical (other than 

a list I chemical) specified by regulation of the Attorney General as a chemical that is used in manufacturing a controlled substance in violation of this title, and such term includes (until otherwise specified by regulation of the Attorney General, as considered ap- propriate by the Attorney General or upon petition to the Attorney General by any person) the following chemicals: 

(A) Acetic anhydride. (B) Acetone.
(C) Benzyl chloride. (D) Ethyl ether. 

(F) 14 Potassium permanaganate.
(G) 2-Butanone (or Methyl Ethyl Ketone). 15 

(H) Toluene.
(I) Iodine. 15 

(J) Hydrochloric gas. 15
(36) The term ‘‘regular customer’’ means, with respect to a reg- 

ulated person, a customer with whom the regulated person has an established business relationship that is reported to the Attorney General. 

(37) The term ‘‘regular importer’’ means, with respect to a list- ed chemical, a person that has an established record as an im- porter of that listed chemical that is reported to the Attorney Gen- eral. 

(38) The term ‘‘regulated person’’ means a person who manu- factures, distributes, imports, or exports a listed chemical, a tableting machine, or an encapsulating machine or who acts as a broker or trader for an international transaction involving a listed chemical, a tableting machine, or an encapsulating machine. 

(39) The term ‘‘regulated transaction’’ means—
(A) a distribution, receipt, sale, importation, or exportation 

of, or an international transaction involving shipment of, a list- ed chemical, or if the Attorney General establishes a threshold amount for a specific listed chemical, a threshold amount, in- cluding a cumulative threshold amount for multiple trans- actions (as determined by the Attorney General, in consulta- tion with the chemical industry and taking into consideration the quantities normally used for lawful purposes), of a listed chemical, except that such term does not include— 

(i) a domestic lawful distribution in the usual course of business between agents or employees of a single regu- lated person; 

(ii) a delivery of a listed chemical to or by a common or contract carrier for carriage in the lawful and usual course of the business of the common or contract carrier, or to or by a warehouseman for storage in the lawful and usual course of the business of the warehouseman, except that if the carriage or storage is in connection with the dis- 

14 Subparagraph (E) was repealed by section 2301(b) of Public Law 101–647 (104 Stat. 4858). 15 Indentation so in law. See sections 204(a) and 209 of Public Law 104–237. 

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TITLES II AND III OF THE COMPREHENSIVE DRUG ABUSE... Sec. 102 

tribution, importation, or exportation of a listed chemical to a third person, this clause does not relieve a distributor, importer, or exporter from compliance with section 310; 

(iii) any category of transaction or any category of transaction for a specific listed chemical or chemicals spec- ified by regulation of the Attorney General as excluded from this definition as unnecessary for enforcement of this title or title III; 

(iv) any transaction in a listed chemical that is con- tained in a drug that may be marketed or distributed law- fully in the United States under the Federal Food, Drug, and Cosmetic Act, subject to clause (v), unless— 

(I) the Attorney General has determined under section 204 that the drug or group of drugs is being diverted to obtain the listed chemical for use in the il- licit production of a controlled substance; and 

(II) the quantity of the listed chemical contained in the drug included in the transaction or multiple transactions equals or exceeds the threshold estab- lished for that chemical by the Attorney General;
(v) any transaction in a scheduled listed chemical 

product that is a sale at retail by a regulated seller or a distributor required to submit reports under section 310(b)(3); or 

(vi) any transaction in a chemical mixture which the Attorney General has by regulation designated as exempt from the application of this title and title III based on a finding that the mixture is formulated in such a way that it cannot be easily used in the illicit production of a con- trolled substance and that the listed chemical or chemicals contained in the mixture cannot be readily recovered; and (B) a distribution, importation, or exportation of a 

tableting machine or encapsulating machine. 

January 16, 2018 

(40) The term ‘‘chemical mixture’’ means a combination of two or more chemical substances, at least one of which is not a list I chemical or a list II chemical, except that such term does not in- clude any combination of a list I chemical or a list II chemical with another chemical that is present solely as an impurity. 

(41)(A) The term ‘‘anabolic steroid’’ means any drug or hor- monal substance, chemically and pharmacologically related to tes- tosterone (other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone), and includes— 

(i) androstanediol—
(I) 3β,17β-dihydroxy-5α-androstane; and (II) 3α,17β-dihydroxy-5α-androstane; 

(ii) androstanedione (5α-androstan-3,17-dione); (iii) androstenediol— 

(I) 1-androstenediol (3β,17β-dihydroxy-5α-androst-1- ene); 

(II) 1-androstenediol (3α,17β-dihydroxy-5α-androst-1- ene); 

(III) 4-androstenediol (3β,17β-dihydroxy-androst-4- ene); and 

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Sec. 102 

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TITLES II AND III OF THE COMPREHENSIVE DRUG ABUSE... 12 

(IV) 5-androstenediol (3β,17β-dihydroxy-androst-5- ene); 

(iv) androstenedione—
(I) 1-androstenedione ([5α]-androst-1-en-3,17-dione); (II) 4-androstenedione (androst-4-en-3,17-dione); and (III) 5-androstenedione (androst-5-en-3,17-dione); 

(v) bolasterone (7α,17α-dimethyl-17β-hydroxyandrost-4-en- 3-one); 

(vi) boldenone (17β-hydroxyandrost-1,4,-diene-3-one); 

(vii) calusterone (7β,17α-dimethyl-17β-hydroxyandrost-4- en-3-one); 

(viii) clostebol (4-chloro-17β-hydroxyandrost-4-en-3-one); 

(ix) dehydrochloromethyltestosterone (4-chloro-17β-hy- droxy-17α-methyl-androst-1,4-dien-3-one); 

(x) >1-dihydrotestosterone (a.k.a. ‘‘1-testosterone’’) (17β- hydroxy-5α-androst-1-en-3-one); 

(xi) 4-dihydrotestosterone (17β-hydroxy-androstan-3-one); 

(xii) drostanolone (17β-hydroxy-2α-methyl-5α-androstan-3- one); 

(xiii) ethylestrenol (17α-ethyl-17β-hydroxyestr-4-ene); 

(xiv) fluoxymesterone (9-fluoro-17α-methyl-11β,17β- dihydroxyandrost-4-en-3-one); 

(xv) formebolone (2-formyl-17α-methyl-11α,17β- dihydroxyandrost-1,4-dien-3-one); 

(xvi) furazabol (17α-methyl-17β-hydroxyandrostano[2,3-c]- furazan); 

(xvii) 13β-ethyl-17β-hydroxygon-4-en-3-one; 

(xviii) 4-hydroxytestosterone (4,17β-dihydroxy-androst-4- en-3-one); 

(xix) 4-hydroxy-19-nortestosterone (4,17β-dihydroxy-estr-4- en-3-one); 

(xx) mestanolone (17α-methyl-17β-hydroxy-5α-androstan-3- one); 

(xxi) mesterolone (1α-methyl-17β-hydroxy-[5α]-androstan- 3-one); 

(xxii) methandienone (17α-methyl-17β-hydroxyandrost-1,4- dien-3-one); 

(xxiii) methandriol (17α-methyl-3β,17β-dihydroxyandrost-5- ene); 

(xxiv) methenolone (1-methyl-17β-hydroxy-5α-androst-1-en- 3-one); 

(xxv) 17α-methyl-3β, 17β-dihydroxy-5α-androstane;
(xxvi) 17α-methyl-3α,17β-dihydroxy-5α-androstane;
(xxvii) 17α-methyl-3β,17β-dihydroxyandrost-4-ene.
(xxviii) 17α-methyl-4-hydroxynandrolone (17α-methyl-4-hy- 

droxy-17β-hydroxyestr-4-en-3-one);
(xxix) methyldienolone (17α-methyl-17β-hydroxyestra- 

4,9(10)-dien-3-one);
(xxx) methyltrienolone (17α-methyl-17β-hydroxyestra-4,9- 

11-trien-3-one);
(xxxi) methyltestosterone (17α-methyl-17β-hydroxyandrost- 

4-en-3-one);
(xxxii) mibolerone (7α,17α-dimethyl-17β-hydroxyestr-4-en- 

3-one); 

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TITLES II AND III OF THE COMPREHENSIVE DRUG ABUSE... Sec. 102 

(xxxiii) 17α-methyl-Δ1-dihydrotestosterone (17β-hydroxy- 17α-methyl-5α-androst-1-en-3-one) (a.k.a. ‘‘17-α-methyl-1-tes- tosterone’’); 

(xxxiv) nandrolone (17β-hydroxyestr-4-en-3-one); (xxxv) norandrostenediol— 

(I) 19-nor-4-androstenediol (3β, 17β-dihydroxyestr-4- ene); 

(II) 19-nor-4-androstenediol (3α, 17β-dihydroxyestr-4- ene); 

(III) 19-nor-5-androstenediol (3β, 17β-dihydroxyestr-5- ene); and 

(IV) 19-nor-5-androstenediol (3α, 17β-dihydroxyestr-5- ene); 

(xxxvi) norandrostenedione—
(I) 19-nor-4-androstenedione (estr-4-en-3,17-dione); 

and
(II) 19-nor-5-androstenedione (estr-5-en-3,17-dione; 

(xxxvii) norbolethone (13β,17α-diethyl-17β-hydroxygon-4- en-3-one); 

(xxxviii) norclostebol (4-chloro-17β-hydroxyestr-4-en-3-one); 

(xxxix) norethandrolone (17α-ethyl-17β-hydroxyestr-4-en-3- one); 

(xl) normethandrolone (17α-methyl-17β-hydroxyestr-4-en-3- one); 

(xli) oxandrolone (17α-methyl-17β-hydroxy-2-oxa-[5α]- androstan-3-one); 

(xlii) oxymesterone (17α-methyl-4,17β-dihydroxyandrost-4- en-3-one); 

(xliii) oxymetholone (17α-methyl-2-hydroxymethylene-17β- hydroxy-[5α]-androstan-3-one); 

(xliv) stanozolol (17α-methyl-17β-hydroxy-[5α]-androst-2- eno[3,2-c]-pyrazole); 

(xlv) stenbolone (17β-hydroxy-2-methyl-[5α]-androst-1-en-3- one); 

(xlvi) testolactone (13-hydroxy-3-oxo-13,17-secoandrosta- 1,4-dien-17-oic acid lactone); 

(xlvii) testosterone (17β-hydroxyandrost-4-en-3-one); 

(xlviii) tetrahydrogestrinone (13β,17α-diethyl-17β- hydroxygon-4,9,11-trien-3-one); 

(xlix) trenbolone (17β-hydroxyestr-4,9,11-trien-3-one); (l) 5α-Androstan-3,6,17-trione;
(li) 6-bromo-androstan-3,17-dione;
(lii) 6-bromo-androsta-1,4-diene-3,17-dione; 

(liii) 4-chloro-17α-methyl-androsta-1,4-diene-3,17β-diol; (liv) 4-chloro-17α-methyl-androst-4-ene-3β,17β-diol;
(lv) 4-chloro-17α-methyl-17β-hydroxy-androst-4-en-3-one; (lvi) 4-chloro-17α-methyl-17β-hydroxy-androst-4-ene-3,11- 

dione;
(lvii) 4-chloro-17α-methyl-androsta-1,4-diene-3,17β-diol; (lviii) 2α,17α-dimethyl-17β-hydroxy-5α-androstan-3-one; (lix) 2α,17α-dimethyl-17β-hydroxy-5β-androstan-3-one; (lx) 2α,3α-epithio-17α-methyl-5α-androstan-17β-ol;
(lxi) [3,2-c]-furazan-5α-androstan-17β-ol;
(lxii) 3β-hydroxy-estra-4,9,11-trien-17-one; 

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(lxiii) 17α-methyl-androst-2-ene-3,17β-diol;
(lxiv) 17α-methyl-androsta-1,4-diene-3,17β-diol;
(lxv) Estra-4,9,11-triene-3,17-dione;
(lxvi) 18a-Homo-3-hydroxy-estra-2,5(10)-dien-17-one;
(lxvii) 6α-Methyl-androst-4-ene-3,17-dione;
(lxviii) 17α-Methyl-androstan-3-hydroxyimine-17β-ol;
(lxix) 17α-Methyl-5α-androstan-17β-ol;
(lxx) 17β-Hydroxy-androstano[2,3-d]isoxazole;
(lxxi) 17β-Hydroxy-androstano[3,2-c]isoxazole;
(lxxii) 4-Hydroxy-androst-4-ene-3,17-dione[3,2-c]pyrazole- 

January 16, 2018 

5α-androstan-17β-ol;
(lxxiii) [3,2-c]pyrazole-androst-4-en-17β-ol;
(lxxiv) [3,2-c]pyrazole-5α-androstan-17β-ol; and
(lxxv) any salt, ester, or ether of a drug or substance de- 

scribed in this paragraph.
The substances excluded under this subparagraph may at any time be scheduled by the Attorney General in accordance with the au- thority and requirements of subsections (a) through (c) of section 201. 

(B)(i) Except as provided in clause (ii), such term does not include an anabolic steroid which is expressly intended for ad- ministration through implants to cattle or other nonhuman species and which has been approved by the Secretary of Health and Human Services for such administration. 

(ii) If any person prescribes, dispenses, or distributes such steroid for human use, such person shall be considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of subparagraph (A).
(C)(i) Subject to clause (ii), a drug or hormonal substance 

(other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone) that is not listed in subparagraph (A) and is derived from, or has a chemical structure substantially similar to, 1 or more anabolic steroids listed in subparagraph (A) shall be considered to be an anabolic steroid for purposes of this Act if— 

(I) the drug or substance has been created or manufac- tured with the intent of producing a drug or other substance that either— 

(aa) promotes muscle growth; or 

(bb) otherwise causes a pharmacological effect similar to that of testosterone; or
(II) the drug or substance has been, or is intended to be, 

marketed or otherwise promoted in any manner suggesting that consuming it will promote muscle growth or any other pharmacological effect similar to that of testosterone.
(ii) A substance shall not be considered to be a drug or hor- 

monal substance for purposes of this subparagraph if it— (I) is— 

(aa) an herb or other botanical; 

(bb) a concentrate, metabolite, or extract of, or a con- stituent isolated directly from, an herb or other botanical; or 

(cc) a combination of 2 or more substances described in item (aa) or (bb); 

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(II) is a dietary ingredient for purposes of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); and 

(III) is not anabolic or androgenic.
(iii) In accordance with section 515(a), any person claiming the 

benefit of an exemption or exception under clause (ii) shall bear the burden of going forward with the evidence with respect to such ex- emption or exception. 

(42) The term ‘‘international transaction’’ means a transaction involving the shipment of a listed chemical across an international border (other than a United States border) in which a broker or trader located in the United States participates. 

(43) The terms ‘‘broker’’ and ‘‘trader’’ mean a person that as- sists in arranging an international transaction in a listed chemical by— 

(A) negotiating contracts;
(B) serving as an agent or intermediary; or
(C) bringing together a buyer and seller, a buyer and 

transporter, or a seller and transporter. 

(44)16 The term ‘‘felony drug offense’’ means an offense that is punishable by imprisonment for more than one year under any law of the United States or of a State or foreign country that prohibits or restricts conduct relating to narcotic drugs, marihuana, anabolic steroids, or depressant or stimulant substances. 

(45)(A) The term ‘‘scheduled listed chemical product’’ means, subject to subparagraph (B), a product that— 

(i) contains ephedrine, pseudoephedrine, or phenyl- propanolamine; and 

(ii) may be marketed or distributed lawfully in the United States under the Federal, Food, Drug, and Cosmetic Act as a nonprescription drug. 

Each reference in clause (i) to ephedrine, pseudoephedrine, or phenylpropanolamine includes each of the salts, optical isomers, and salts of optical isomers of such chemical. 

(B) Such term does not include a product described in subpara- graph (A) if the product contains a chemical specified in such sub- paragraph that the Attorney General has under section 201(a) added to any of the schedules under section 202(c). In the absence of such scheduling by the Attorney General, a chemical specified in such subparagraph may not be considered to be a controlled sub- stance. 

(46) The term ‘‘regulated seller’’ means a retail distributor (in- cluding a pharmacy or a mobile retail vendor), except that such term does not include an employee or agent of such distributor. 

(47) The term ‘‘mobile retail vendor’’ means a person or entity that makes sales at retail from a stand that is intended to be tem- porary, or is capable of being moved from one location to another, whether the stand is located within or on the premises of a fixed facility (such as a kiosk at a shopping center or an airport) or whether the stand is located on unimproved real estate (such as a lot or field leased for retail purposes). 

16 Paragraph (44) as shown above reflects the amendment made by subsection (a)(2) of section 2 of Public Law 108–358 (118 Stat. 1663). Subsection (d) of such section provides that ‘‘the amendments made by this section shall take effect 90 days after the date of enactment of this Act’’. Such Public Law was enacted October 22, 2004. 

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Sec. 102 TITLES II AND III OF THE COMPREHENSIVE DRUG ABUSE... 16 

(48) The term ‘‘at retail’’, with respect to the sale or purchase of a scheduled listed chemical product, means a sale or purchase for personal use, respectively. 

(49)(A)17 The term ‘‘retail distributor’’ means a grocery store, general merchandise store, drug store, or other entity or person whose activities as a distributor relating to ephedrine, pseudoephedrine, or phenylpropanolamine products are limited almost exclusively to sales for personal use, both in number of sales and volume of sales, either directly to walk-in customers or in face-to-face transactions by direct sales. 

(B) For purposes of this paragraph, entities are defined by reference to the Standard Industrial Classification (SIC) code, as follows: 

(i) A grocery store is an entity within SIC code 5411. 

(ii) A general merchandise store is an entity within SIC codes 5300 through 5399 and 5499. 

(iii) A drug store is an entity within SIC code 5912. (50) The term ‘‘Internet’’ means collectively the myriad of com- puter and telecommunications facilities, including equipment and operating software, which comprise the interconnected worldwide network of networks that employ the Transmission Control Pro- tocol/Internet Protocol, or any predecessor or successor protocol to such protocol, to communicate information of all kinds by wire or 

radio.
(51) The term ‘‘deliver, distribute, or dispense by means of the 

Internet’’ refers, respectively, to any delivery, distribution, or dis- pensing of a controlled substance that is caused or facilitated by means of the Internet. 

(52) The term ‘‘online pharmacy’’—
(A) means a person, entity, or Internet site, whether in the 

United States or abroad, that knowingly or intentionally deliv- ers, distributes, or dispenses, or offers or attempts to deliver, distribute, or dispense, a controlled substance by means of the Internet; and 

(B) does not include—
(i) manufacturers or distributors registered under sub- 

section (a), (b), (d), or (e) of section 303 who do not dis- pense controlled substances to an unregistered individual or entity; 

(ii) nonpharmacy practitioners who are registered under section 303(f) and whose activities are authorized by that registration; 

(iii) any hospital or other medical facility that is oper- ated by an agency of the United States (including the Armed Forces), provided such hospital or other facility is registered under section 303(f); 

(iv) a health care facility owned or operated by an In- dian tribe or tribal organization, only to the extent such fa- cility is carrying out a contract or compact under the In- dian Self-Determination and Education Assistance Act; 

(v) any agent or employee of any hospital or facility re- ferred to in clause (iii) or (iv), provided such agent or em- 

17 Indentation so in law. See section 401(b)(4) of Public Law 104–237. 

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