,i  #aacth ,,congress  #b;d ,session    
,h4 ,r4 #dige  ,,in ,,the ,,house ,,of  
,,representatives  ,june #be1 #bjad ,mr4
 ,thornberry 7for himself and ,mr4      
,smith of ,texas7 introduced the        
following bill2 which was referred to   
the ,committee on ,energy and ,commerce1
 and in addition to the ,committee on   
the ,judiciary1 for a period to be      
subsequently determined by the ,speaker1
 in each case for consideration of such 
provisions as fall within the           
jurisdiction of the committee concerned 
,a ,,bill  ,to amend the ,controlled    
,substances ,act relating to controlled 
substance analogues4  #a4 ,short title  
,this ,act may be cited as the          
,synthetic ,abuse and ,labeling of      
,toxic ,substances ,act of #bjad or the 
,,salts ,act4  #b4 ,controlled substance
 analogues ,section #bjc of the         
,controlled ,substances ,act 7#ba       
,u4,s4,c4 #hac7 is amended--  7#a7 by   
striking ,a controlled and inserting 7a7
 ,in general4--,a controlled2 and  7#b7 

by adding at the end the following3  7b7
 ,determination ,in determining whether 
a controlled substance analogue was     
intended for human consumption under    
subsection 7a71 the following factors   
may be considered1 along with any other 
relevant factors3  7#a7 ,the marketing1 
advertising1 and labeling of the        
substance4  7#b7 ,the known efficacy or 
usefulness of the substance for the     
marketed1 advertised or labeled purpose4
  7#c7 ,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 sold4  7#d7 ,the diversion of  
the substance from legitimate channels  
and the clandestine importation1        
manufacture1 or distribution of the     
substance4  7#e7 ,whether the defendant 
knew or should have known the substance 
was intended to be consumed by          
injection1 inhalation1 ingestion1 or any
 other immediate means4  7c7 ,limitation
 ,for purposes of this section1 evidence

 that a substance was not marketed1     
advertised1 or labeled for human        
consumption1 by itself1 shall not be    
sufficient to establish that the        
substance was not intended for human    
consumption4  4