Rules - 2012
[Federal Register Volume 77, Number 40 (Wednesday, February 29, 2012)]
[Rules and Regulations]
[Page 12201]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4916]
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1308
[Docket No. DEA-345]
Schedules of Controlled Substances: Extension of Temporary
Placement of Five Synthetic Cannabinoids Into Schedule I of the
Controlled Substances Act
AGENCY: Drug Enforcement Administration, Department of Justice.
ACTION: Final order.
SUMMARY: This Final Order is issued by the Administrator of the Drug
Enforcement Administration (DEA) to extend the temporary scheduling of
the five synthetic cannabinoids 1-pentyl-3-(1-naphthoyl)indole (JWH-
018), 1-butyl-3-(1-naphthoyl)indole (JWH-073), 1-[2-(4-
morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200), 5-(1,1-
dimethylheptyl)-2-(3-hydroxycyclohexyl)-phenol (CP-47,497), and 5-(1,1-
dimethyloctyl)-2-(3-hydroxycyclohexyl)-phenol (cannabicyclohexanol, CP-
47,497 C8 homologue) including their salts, isomers, and salts of
isomers whenever the existence of such salts, isomers, and salts of
isomers is possible, into Schedule I of the Controlled Substances Act
(CSA). The temporary scheduling of these five synthetic cannabinoids is
due to expire on February 29, 2012. This document will extend the
temporary scheduling of these five synthetic cannabinoids to August 29,
2012 or until rulemaking proceedings are completed, whichever comes
first.
DATES: Effective Date: February 29, 2012.
FOR FURTHER INFORMATION CONTACT: Alan G. Santos, Associate Deputy
Assistant Administrator, Office of Diversion Control, Drug Enforcement
Administration; Mailing Address: 8701 Morrissette Drive, Springfield,
Virginia 22152; Telephone: (202) 307-7165.
SUPPLEMENTARY INFORMATION: On March 1, 2011, the Administrator of the
DEA published a Final Order in the Federal Register (76 FR 11075)
amending 21 CFR 1308.11(g) to temporarily place these five synthetic
cannabinoids into Schedule I of the CSA pursuant to the temporary
scheduling provisions of 21 U.S.C. 811(h). This Final Order, which
became effective on the date of publication, was based on findings by
the Administrator of the DEA that the temporary scheduling of these
five synthetic cannabinoids was necessary to avoid an imminent hazard
to the public safety pursuant to 21 U.S.C. 811(h)(1). Section 201(h)(2)
of the CSA (21 U.S.C. 811(h)(2)) requires that the temporary scheduling
of a substance expire at the end of one year from the date of issuance
of the order. However, during the pendency of proceedings under 21
U.S.C. 811(a)(1) with respect to the substance, temporary scheduling of
that substance may be extended for up to six months. Proceedings for
the scheduling of a substance under 21 U.S.C. 811(a) may be initiated
by the Attorney General (delegated to the Administrator of the DEA
pursuant to 28 CFR 0.100) on his own motion, at the request of the
Secretary of Health and Human Services,\1\ or on the petition of any
interested party.
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\1\ Because the Secretary of the Department of Health and Human
Services has delegated to the Assistant Secretary for Health of the
Department of Health and Human Services the authority to make
domestic drug scheduling recommendations, for purposes of this Final
Order, all subsequent references to "Secretary" have been replaced
with "Assistant Secretary."
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The DEA has gathered and reviewed the available information
regarding the pharmacology, chemistry, trafficking, actual abuse,
pattern of abuse and the relative potential for abuse for these five
synthetic cannabinoids. On June 21, 2011 the Administrator of the DEA
submitted a letter to the Assistant Secretary, requesting scientific
and medical evaluations and scheduling recommendations for these five
synthetic cannabinoids. In response to this letter, on the following
dates the Assistant Secretary provided to DEA scientific and medical
evaluations and recommendations that all five of these synthetic
cannabinoids be placed in Schedule I: January 5, 2012 (1-pentyl-3-(1-
naphthoyl)indole (JWH-018)); February 6, 2012 (1-butyl-3-(1-
naphthoyl)indole (JWH-073)) and (1-[2-(4-morpholinyl)ethyl]-3-(1-
naphthoyl)indole (JWH-200)); February 13, 2012 5-(1,1-dimethylheptyl)-
2-(3-hydroxycyclohexyl)-phenol (CP-47,497), and 5-(1,1-dimethyloctyl)-
2-(3-hydroxycyclohexyl)-phenol (cannabicyclohexanol, CP-47,497 C8
homologue). Proceedings regarding these five synthetic cannabinoids
have been initiated in accordance with 21 U.S.C. 811(a)(1). Therefore,
pursuant to 21 U.S.C. 811(h)(2), the Administrator of the DEA hereby
orders that the temporary scheduling of 1-pentyl-3-(1-naphthoyl)indole
(JWH-018), 1-butyl-3-(1-naphthoyl)indole (JWH-073), 1-[2-(4-
morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200), 5-(1,1-
dimethylheptyl)-2-(3-hydroxycyclohexyl)-phenol (CP-47,497), and 5-(1,1-
dimethyloctyl)-2-(3-hydroxycyclohexyl)-phenol (cannabicyclohexanol, CP-
47,497 C8 homologue) including their salts, isomers, and salts of
isomers whenever the existence of such salts, isomers, and salts of
isomers is possible, is extended to August 29, 2012, or until
rulemaking proceedings are completed, whichever comes first.
In accordance with this Final Order, the Schedule I requirements
for handling (1-pentyl-3-(1-naphthoyl)indole (JWH-018), 1-butyl-3-(1-
naphthoyl)indole (JWH-073), 1-[2-(4-morpholinyl)ethyl]-3-(1-
naphthoyl)indole (JWH-200), 5-(1,1-dimethylheptyl)-2-(3-
hydroxycyclohexyl)-phenol (CP-47,497), and 5-(1,1-dimethyloctyl)-2-(3-
hydroxycyclohexyl)-phenol (cannabicyclohexanol, CP-47,497 C8
homologue)) including their salts, isomers, and salts of isomers
whenever the existence of such salts, isomers, and salts of isomers is
possible, will remain in effect after February 29, 2012.
Pursuant to the Small Business Regulatory Enforcement Fairness Act
of 1996 (Congressional Review Act) (5 U.S.C. 801-808), DEA has
submitted a copy of this Final Order to both Houses of Congress and to
the Comptroller General.
Dated: February 24, 2012.
Michele M. Leonhart,
Administrator.
[FR Doc. 2012-4916 Filed 2-28-12; 8:45 am]
BILLING CODE 4410-09-P
NOTICE: This is an unofficial version. An official version of this publication may be obtained
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