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Is an additional waiting period required after the DEA publishes its notice of emergency scheduling?
| Q: |
When the DEA declares its intent to emergency schedule a substance (as they did with 2C-T-7 on July 18, 2002), they must then wait 30 days before publishing their official notice of emergency scheduling in the Federal Register.
When they DO publish that second notice, do they have to provide any sort of additional waiting period or advance notice before the scheduling takes effect? Or can they publish the second notice at 8am and arrest someone at 8:05am? |
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| A: |
This answer won't go into the complexities of emergency scheduling, but will answer the specific question above.
The "intent to schedule" notice that is published first in the Federal Register serves as the advance notice. The emergency scheduling process is defined in the Controlled Substances Act (21 CFR 1308.49) and it includes nothing which requires them to give any advance warning once
they publish the second notice (official notice of emergency scheduling) in the Federal Register.
When 4-methylaminorex was emergency scheduled in 1987, the official notice of emergency scheduling became effective immediately. That said, when Ketamine was emergency scheduled in 1999, they gave an effective date of one month later...so it's possible that they COULD give a short
additional waiting period before a substance is emergency scheduled,
but they don't have to.
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