(a) A controlled substances analogue shall, to the extent intended for human consumption, be treated for the purposes of any District of Columbia law as a controlled substance in Schedule I.

(b) Except as provided in subsection (c) of this section, the term “controlled analogue” means:

(1) a substance with a chemical structure that is substantially similar to the chemical structure of a controlled substance in Schedule I or II;

(2) A substance that has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central system of a controlled substance in Schedule I or II; or

(3) A substance that, with respect to a particular person, is represented to have or is intended to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to, or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II.

(c) Such term does not include:

(1) A controlled substance;

(2) Any substance for which there is an approved new drug application;

(3) With respect to a particular person any substance, if an exemption is in effect for investigational use, for that person, under § 505 of the Federal Food, Drug, and Cosmetic Act, approved June 25, 1938 (52 Stat. 1052, 21 U.S.C. § 355) to the extent conduct with respect to such substance is pursuant to such exemption; or

(4) Any substance to the extent not intended for human consumption before such an exemption takes effect with respect to that substance.

(August 5, 1981, D.C. Law 4-29, § 214; as added May 9, 2000, D.C. Law 13-99, § 2(b), 47 DCR 791.)