A little known list of non controlled substances, which are technically included in the CSA, are growing increasingly important in the fight against illicit drug production. Although not controlled, it is illegal to supply them ‘with reckless disregard for the illegal use’ they could be put to, with very significant civil fines and penalties imposed. This list has come into focus as the DEA has recently been given the power to directly update the list allowing them to more easily target drug precursor chemicals. This has been combined with recent investigations and enforcement actions against companies supplying these chemicals.
Since 1999, a list created by the Attorney General called the ‘Special Surveillance List’ for drug precursors has largely gone under the radar. It doesn’t directly control the listed chemicals (like with actual List 1 and List 2 drug precursors in the Controlled Substances Act), but it does place the risk of civil fines for supplying these substances recklessly
“…The Controlled Substances Act provides for civil penalties for the distribution of a laboratory supply to a person who uses, or attempts to use, that laboratory supply to manufacture a controlled substance or a listed chemical, if that distribution was made with reckless disregard for the illegal uses to which such laboratory supply will be put. The term laboratory supply is defined as a listed chemical or any chemical, substance, or item on a special surveillance list published by the Attorney General which contains chemicals, products, materials, or equipment used in the manufacture of controlled substances and listed chemicals”
For 20 years the list has been static and quite small, however recently the ability to update the list has been transferred directly to the DEA which is now extending it.
“The Attorney General has delegated authority under the CSA and all subsequent amendments to the CSA to the Administrator of the DEA pursuant to 28 CFR 0.100. The Special Surveillance List may be updated as needed to reflect changes in the chemicals, products, materials, or equipment used in the manufacture of controlled substances and listed”
Although technically not controlled and not illegal to use or supply these chemicals, given that the DEA (Drug Enforcement Agency) has now been given direct authority to update the list and has done so twice in 2 years, it suggests an increase in the use and importance of this list in the DEA compliance efforts.
Since these substances are not actually controlled and some are fairly common, previously we have not included them in Controlled Substances Squared detection and coverage.
After recent discussions with several customers and given that the DEA now has authority to update the list, with updates occurring more regularly, combined with the DEA starting to take enforcement action, including financial settlements, the Special Surveillance List will now be covered in Controlled Substances Squared to further aid and ease compliance efforts. They will appear as “Not Controlled” in the system, but flagged as special surveillance chemicals with information on what this means.
Do you want to be able to easily and automatically check if your chemicals are controlled and regulated around the world - even for novel and propriatory chemicals - then you need Controlled Substances Squared.
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