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when a chemical is deemed to be a danger to public health, or whatever, which organization makes the decision to write an application for it to be a controlled substance? is it the DEA, FDA, FBI, NSA, CIA, WHO, NRA, ATF....etc. basically, i'd just like to know the process of determining a previously legal chemical to be controlled, such as the case with GHB and GBL (by the analogue rules GBL is also controlled like GHB).
i think the fda is the one that does all that shit
GHB is now a class 1 drug in Sweden, right up there with cocaine, H and the other shit.
I would also guess FDA, the approve or disaprove of products.
think about on your supplment labels
"the FDA has not approve of this to treat, cure, or prevent and disease or illnesses"
Quote:
Originally posted by Iron horse
I would also guess FDA, the approve or disaprove of products.
think about on your supplment labels
"the FDA has not approve of this to treat, cure, or prevent and disease or illnesses"
Ye but you can have products not approved by the fda so i am not sure they would determine if it should be a controlled substance...
I bet william wallace would have the best idea on this ????
My guess is dea ???
Who knows ???:unsure:
I got this from the DEA website:
I know it's kind of long but it will answer all your q's I hope..
Controlled Substances Act
The Controlled Substances Act (CSA), Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970, is the legal foundation of the government's fight against the abuse of drugs and other substances. This law is a consolidation of numerous laws regulating the manufacture and distribution of narcotics, stimulants, depressants, hallucinogens, anabolic steroids, and chemicals used in the illicit production of controlled substances.
The CSA places all substances that are regulated under existing federal law into one of five schedules. This placement is based upon the substance's medicinal value, harmfulness, and potential for abuse or addiction. Schedule I is reserved for the most dangerous drugs that have no recognized medical use, while Schedule V is the classification used for the least dangerous drugs. The act also provides a mechanism for substances to be controlled, added to a schedule, decontrolled, removed from control, rescheduled, or transferred from one schedule to another.
Proceedings to add, delete, or change the schedule of a drug or other substance may be initiated by the Drug Enforcement Administration (DEA), the Department of Health and Human Services (HHS), or by petition from any interested party, including the manufacturer of a drug, a medical society or association, a pharmacy association, a public interest group concerned with drug abuse, a state or local government agency, or an individual citizen. When a petition is received by the DEA, the agency begins its own investigation of the drug.
The DEA also may begin an investigation of a drug at any time based upon information received from law enforcement laboratories, state and local law enforcement and regulatory agencies, or other sources of information.
Once the DEA has collected the necessary data, the DEA Administrator, by authority of the Attorney General, requests from the HHS a scientific and medical evaluation and recommendation as to whether the drug or other substance should be controlled or removed from control. This request is sent to the Assistant Secretary of Health of the HHS. Then, the HHS solicits information from the Commissioner of the Food and Drug Administration and evaluations and recommendations from the National Institute on Drug Abuse, and on occasion, from the scientific and medical community at large. The Assistant Secretary, by authority of the Secretary, compiles the information and transmits back to the DEA a medical and scientific evaluation regarding the drug or other substance, a recommendation as to whether the drug should be controlled, and in what schedule it should be placed.
The medical and scientific evaluations are binding to the DEA with respect to scientific and medical matters. The recommendation on scheduling is binding only to the extent that if HHS recommends that the substance not be controlled, the DEA may not control the substance.
Once the DEA has received the scientific and medical evaluation from HHS, the Administrator will evaluate all available data and make a final decision whether to propose that a drug or other substance be controlled and into which schedule it should be placed.
The Drug Abuse Regulation and Control Act of 1970 replaced the Harrison Narcotic act which preceeded it.
It states that the FDA decides which drugs are prescription and the DEA decides which drugs are controlled substances.
ok that definitely answered the question. thanks vegas kid
there are a few tidbits to also be considered. FDA gets first crack. If somebody files a New Drug Application then it will automatically come under FDA rules. As stated before FDA only has authority over the prescription of drugs. this means they determine whether a new substance (or new formulation of an existing substance) that is intended for medical use (the manufacturere claims that is cures or treats a condition) is prescription only or OTC. IF no specific claims are made and It is naturally occuring then is is a "supplement" unless it is deemed a dangerous substance.
Since DEA is bound by scientific review (much as the EPA and the courts are in Clean Air and Clean Water Act cases), sometimes it takes an act of Congress to reclassify a substance. Does it have medical value? Does it provide a unique property? Is it addictive? Is it dangerous? These are scientific questions that are readily answered. Of course it is much easier to play politics and install cronies in the administration to direct the research. this is why there is no funding for pot smoking and LSD. Both have been used to treat various illness successfully (regardless of politics.. THIS IS FACT! Look it up), but as DEA is bound by science as long as the admin controls the purse strings they can control policy.
A few other interesting tidbits: Last I checked about 2 years ago: San Pedro cactus was legal to own just not use (as it is very common and is a garden plant). It just happens to be hallucinogenic.
Diviner's sage is pefectly legal to own and use, as it is neither scheduled nor is its active ingrediant an analogue of anything scheduled.
what's diviner's sage and is any type of its use or sale illegal?
jeffylyte, you got mail.