Federal Analogue Act (FAA)
Definition
21 USC 813; a provision of the US Controlled Substances Act declaring substances 'substantially similar' in structure or pharmacology to Schedule I or II drugs to be treated as Schedule I when intended for human consumption. Requires structural/pharmacological expert testimony and proof of consumption intent.
- Citation
- 21 USC 813
- Jurisdiction
- United States
- Trigger
- Structural or pharmacological similarity to Sched. I/II
- Requires
- Expert testimony plus intent for human consumption
Common questions
Why does the FAA require proof of intended human consumption when the substance itself is already chemically similar to a scheduled drug?+
Structural similarity alone does not automatically make a substance illegal; many research chemicals and industrial compounds share structural features with controlled drugs but are not sold for use as drugs. The intent element separates a genuine novel-drug prosecution from legitimate chemical products with coincidental structural overlap.
What makes analogue-based prosecutions harder to sustain than prosecutions for explicitly scheduled substances?+
Because 'substantially similar' is not a precise chemical threshold, prosecutions typically hinge on expert testimony comparing molecular structure and pharmacological effect, and defense experts frequently contest that similarity, making these cases more litigation-intensive than straightforward Schedule I possession charges.
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