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S. 1322 (113th): SALTS Act

The text of the bill below is as of Jul 18, 2013 (Introduced).


II

113th CONGRESS

1st Session

S. 1322

IN THE SENATE OF THE UNITED STATES

July 18, 2013

(for herself, Mr. Graham, and Mrs. Feinstein) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To amend the Controlled Substances Act relating to controlled substance analogues.

1.

Short title

This Act may be cited as the Synthetic Abuse and Labeling of Toxic Substances Act of 2013 or the SALTS Act.

2.

Controlled substance analogues

Section 203 of the Controlled Substances Act ( 21 U.S.C. 813 ) is amended—

(1)

by striking A controlled and inserting (a) In general.—A controlled; and

(2)

by adding at the end the following:

(b)

Determination

In determining whether a controlled substance analogue was intended for human consumption under subsection (a), the following factors may be considered, along with any other relevant factors:

(1)

The marketing, advertising, and labeling of the substance.

(2)

The known efficacy or usefulness of the substance for the marketed, advertised or labeled purpose.

(3)

The difference between the price at which the substance is sold and the price at which the substance it is purported to be or advertised as is normally sold.

(4)

The diversion of the substance from legitimate channels and the clandestine importation, manufacture, or distribution of the substance.

(5)

Whether the defendant knew or should have known the substance was intended to be consumed by injection, inhalation, ingestion, or any other immediate means.

(c)

Limitation

For purposes of this section, evidence that a substance was not marketed, advertised, or labeled for human consumption, by itself, shall not be sufficient to establish that the substance was not intended for human consumption.

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