[Federal Register: July 18, 2002 (Volume 67, Number 138)]
[Proposed Rules]               
[Page 47343-47345]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jy02-24]                         

-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1308

[DEA-227N]


Schedules of Controlled Substances: Temporary Placement of 2,5- Dimethoxy-4-(n)-
propylthiophenethylamine Into Schedule I

AGENCY: Drug Enforcement Administration (DEA), Justice.

ACTION: Notice of intent.

-----------------------------------------------------------------------

SUMMARY: The Deputy Administrator of the Drug Enforcement Administration (DEA) is issuing 
this notice of intent to temporarily place 2,5-Dimethoxy-4-(n)-propylthiophenethylamine 
(2C-T-7) into Schedule I of the Controlled Substances Act (CSA) pursuant to the temporary 
scheduling provisions of the CSA. This intended action is based on a finding by the DEA 
Deputy Administrator that the placement of 2C-T-7 into Schedule I of the CSA is necessary 
to avoid an imminent hazard to the public safety. Finalization of this action will impose 
the criminal sanctions and regulatory controls of a Schedule I substance on the 
manufacture, distribution, and possession of 2C-T-7.

FOR FURTHER INFORMATION CONTACT: Frank Sapienza, Chief, Drug and Chemical Evaluation 
Section, Office of Diversion Control, Drug Enforcement Administration, Washington, DC 
20537, Telephone (202) 307- 7183.

SUPPLEMENTARY INFORMATION:

What Is Temporary Scheduling?

The Comprehensive Crime Control Act of 1984 (Pub. L. 98-473), which was signed into law 
on October 12, 1984, amended section 201 of the Controlled Substances Act (CSA) (21 U.S.C. 
811) to give the Attorney General the authority to temporarily place a substance into 
Schedule I of the CSA for one year without regard to the requirements of 21 U.S.C. 811(b) 
if he finds that such action is necessary to avoid an imminent hazard to the public 
safety. The Attorney General may extend the temporary scheduling up to 6 months. A 
substance may be temporarily scheduled under the emergency provisions of the CSA if that 
substance is not listed in any other schedule under section 202 of the CSA (21 U.S.C. 
812) or if there is no exemption or approval in effect under 21 U.S.C. 355 for the 
substance. The Attorney General has delegated his authority under 21 U.S.C. 811 to the 
Deputy Administrator of DEA (28 CFR 0.100).

What Criteria Must Be Considered in Determining Temporary Scheduling?

In making a finding that placing a substance temporarily into Schedule I of the CSA is 
necessary to avoid an imminent hazard to the public safety, the Deputy Administrator is 
required to consider three of the eight factors set forth in section 201(c) of the CSA 
(21 U.S.C. 811(c)). These factors are as follows: (4) History and current pattern of 
abuse; (5) The scope, duration and significance of abuse; and (6) What, if any, risk there 
is to the public health.

What Is 2,5-Dimethoxy-4-(n)-propylthiophenethylamine?

2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7), a phenethylamine, is structurally 
related to the Schedule I phenethylamine 4-bromo-2,5-dimethoxyphenethylamine (2C-B), and 
other hallucinogens (e.g., 2,5-dimethoxy-4-methylamphetamine (DOM), and 1-(4- bromo-2,5-
dimethoxyphenyl-2-aminopropane (DOB)) in Schedule I of the CSA. 2C-T-7 has those 
structural features of phenethylamines which are necessary for stimulant and/or 
hallucinogenic activity; 2C-T-7 is a sulfur analogue of 2CB. Based on these structural 
features. 2C-T-7 is likely to have a pharmacological profile similar to 2CB and other 
Schedule I hallucinogens. The similarity in the effects of 2C-T-7 and 2CB has been 
supported by Shulgin and Shulgin (Pikal: A Chemical Love Story; pp. 569-570, 1991) and by 
"self-reports'' on the Internet. Shulgin and Shulgin (1991) reported that at an oral 
dose of 20 mg or 30 mg, 2C-T-7 produced visual hallucinations. They concluded that in 
terms of being an acceptable hallucinogen, 2C-T-7 was comparable to 2CB and mescaline. 
Self-reports on the Internet have described the hallucinations resulting from the self-
administration of 2C-T-7 as being very 2CB-like; consisting of persistent multiple 
images, overlaid patterns, and trails. The subjective effects of 2C-T-7 have also been 
described as being similar to those of 2CB; mood lifting, sense of well being, 
emotionally, volatility, increased appreciation of music, and psychedelic ideation.

DEA is not aware of any approved therapeutic use of 2C-T-7 in the United States. The 
safety of this substance for use in humans has never been demonstrated.

What Information Was Considered in Respect to Making the Finding of Imminent Hazard to 
the Public Health?

DEA, as required by 21 U.S.C. 811(h)(3), considered the following three factors set forth 
in paragraphs (4), (5) and (6) of 21 U.S.C. 811(c) in its decision to temporarily 
schedule 2C-T-7. The information relevant to the three factors is summarized below.

21 U.S.C. 811(c)(4) Its History and Current Pattern of Abuse

The abuse of stimulant/hallucinogenic substances in popular all night dance parties 
(raves) and in other venues has been a major problem in Europe since the 1990s. In the 
past several years, this activity has spread to the United States. The Schedule I 
controlled substance MDMA and its analogues, collectively known as ecstasy, are the most 
popular drugs abused at these raves. Their abuse has been associated with both acute and 
long-term public health and safety problems. These raves have also become venues for the 
trafficking and abuse of "new non-controlled'' substances in place of or in addition to 
"Ecstasy.'' 2C-T-7 is one such substance.

Illicit use of 2C-T-7 was first reported in Germany in 1997. 2C-T-7 was placed under the 
control of German law on January 20, 1998. In October of 1999, 2C-T-7 tablets were being 
sold in the Netherlands under the trade name "Blue Mystic''. Illicit use of 2C-T-7 was 
reported in Sweden in January of 2000. Currently 2C-T-7 is controlled under the Swedish 
law pertaining to goods which are dangerous to the public. French Customs authorities 
reported seizing tablets in 2001 that contained 10 mg of 2C-T-7.

Abuse of 2C-T-7 in the United States was first reported in 1997; an individual posted his 
experience associated with the oral ingestion of 20 mg of 2C-T-7 on the Lycaeum website 
on the Internet. In the year 2000, the abuse of 2C-T-7 by young adults began to spread in 
the United States as evidenced by widespread discussion on drug website forums and the 
sale of the substance from an Internet company. The information being discussed on these 
websites includes the route of administration, recommended doses, and narratives from 
individuals describing their experiences and effects after self-administering 2C-T-7.

Self-reported experiences and other information posted on these websites indicate that 2C-
T-7 is being abused orally (10-50 mg) or intranasally; the

[[Page 47344]]

oral route is the most common route of abuse. The powder is being mixed in liquids or 
placed in gelatin capsules. Information posted on these websites indicates that 2C-T-7 is 
being taken alone or with other drugs; such as MDMA, ketamine, cannabis, N,N-disopropyl-5-
 methoxytryptamine ("Foxy Methoxy'') and N,N-dipropyltryptamine (DPT).

Information gathered by DEA indicates that 2C-T-7 has been purchased in powder form over 
the Internet and distributed as such. In the United States, capsules containing 2C-T-7 
powder also have been encountered; whereas in the Netherlands ("Blue Mystics''), and in 
Canada ("Red Raspberry'') the bulk powder is being processed into tablets.

21 U.S.C. 811(c)(5) the Scope, Duration and Significance of Abuse

State and local law enforcement agencies reported 2C-T-7 exhibits seized in the states of 
Texas and Wisconsin. In Wisconsin, two unrelated exhibits were submitted to the Wisconsin 
State Crime Laboratory for analysis; the first exhibit consisted of two clear capsules 
containing 16 to 18 milligrams of white powder and two paper packets. One packet 
contained 450 milligrams of tan powder and the other paper packet contained 869 milligrams.
 The powder in these exhibits was identified as 2C-T-7. These two capsules were sold to an 
informant as "Tweety-Bird Mescaline.'' The second exhibit analyzed by the Wisconsin 
State Crime Laboratory was shown to be a mixture of 2C-T- 7 and N,N-dipropyltryptamine 
(DPT). 2C-T-7 has also appeared in illicit traffic in Tennessee, Washington, and 
Oklahoma, as evidenced by the 2C- T-7 related deaths in these states. It is being sold 
under the "street names'' Blue Mystic, T7, Beautiful, Tweety-Bird Mescaline or Tripstay. 
To date, DEA has not identified a clandestine laboratory synthesizing 2C-T-7.

21 U.S.C. 811(c)(6) What, If Any, Risk There Is to Public Health

2C-T-7 shares those structural similarities with 2CB and other phenethylamines (i.e., 
DOB, and DOM), which makes it likely to produce similar public health risks. Sensory 
distortion and impaired judgment can lead to serious consequences for both the user and 
the general public. 2C-T-7 can have lethal effects when abused alone or in combination 
with other illicit drugs. To date, three deaths have been associated with the abuse of 2C-
T-7. The first death occurred in Oklahoma during April of 2000; a young healthy male 
overdosed on 2C-T-7 following intranasal administration. The co-abuse of 2C-T-7 with MDMA 
will pose a significant health risk if 2C-T-7 popularity increases in the same venues as 
with MDMA. The co-abuse of 2C-T-7 with MDMA has resulted in lethal effects. The other two 
2C-T-7 related deaths resulted from the co-abuse of 2C-T-7 with MDMA. They both occurred 
in April of 2001. One young man died in Tennessee while another man died in the state of 
Washington.

What Other Factors Were Taken Into Consideration?

Additionally, DEA has considered the three criteria for placing a substance into Schedule 
I of the CSA (21 U.S.C. 812). The data available and reviewed for 2C-T-7 indicate that it 
has a high potential for abuse, no currently accepted medical use in treatment in the 
United States and is not safe for use under medical supervision.

What Is The Role of the Assistant Secretary for Health in Temporary Scheduling?

As required by section 201(h)(4) of the CSA (21 U.S.C. 811(h)(4)), the Deputy 
Administrator has notified the Assistant Secretary for Health, delegate of the Secretary 
of Health and Human Services, of his intention to temporarily place 2C-T-7 into Schedule 
I of the CSA. Comments submitted by the Assistant Secretary for Health in response to this 
notification, including whether there is an exemption or approval in effect for 2C-T-7 
under the Federal Food, Drug and Cosmetic Act, shall be taken into consideration before a 
final order is published.

Based on the above data, the continued distribution and abuse of 2C-T-7 poses an imminent 
risk to the public safety. There are no recognized therapeutic uses of this substance in 
the United States.

In accordance with the provisions of section 201(h) of the CSA (21 U.S.C. 811(h)) and 28 
CFR 0.100, the Deputy Administrator has considered the available data and the three 
factors required for a determination to temporarily schedule 2C-T-7 under the CSA and 
finds that placement of 2C-T-7 into Schedule I of the CSA is necessary to avoid an 
imminent hazard to the public safety.

Because the Deputy Administrator finds that it is necessary to temporarily place 2C-T-7 
into Schedule I to avoid an imminent hazard to the public safety, the final order, if 
issued, will be effective on the date of publication in the Federal Register. 2C-T-7 will 
be subject to the regulatory controls and administrative, civil and criminal sanctions 
applicable to the manufacture, distribution, possession, importing and exporting of a 
Schedule I controlled substance under the CSA. Further, it is the intention of the Deputy 
Administrator to issue such a final order as soon as possible after the expiration of 
thirty days from the date of publication of this notice and the date that notification 
was transmitted to the Assistant Secretary for Health.

Regulatory Certifications

Regulatory Flexibility Act

The Deputy Administrator hereby certifies that this rulemaking has been drafted in 
accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this 
regulation, and by approving it certifies that this regulation will not have a 
significant economic impact on a substantial number of small entities. This action 
provides a notice of intent to temporarily place 2C-T-7 into Schedule I of the Controlled 
Substances Act.

Executive Order 12988

This regulation meets the applicable standards set forth in Sections 3(a) and 3(b)(2) of 
Executive Order 12988 Civil Justice Reform.

Executive Order 13132 Federalism

This rule will not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in accordance with 
Executive Order 13132, it is determined that this rule will not have sufficient 
federalism implications to warrant the preparation of a Federalism Assessment.

Unfunded Mandates Reform Act

This rule will not result in the expenditure by State, local and tribal governments, in 
the aggregate, or by the private sector, of $100,000,000 or more in any one year, and it 
will not significantly or uniquely affect small governments. Therefore, no actions were 
deemed necessary under provisions of the Unfunded Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

This rule is not a major rule as defined by Sec. 804 of the Small Business Regulatory 
Enforcement Fairness Act of 1996. This rule will not result in an annual effect on the 
economy of $100,000,000 or more; a major increase in costs or prices; or significant 
adverse

[[Page 47345]]

effects on competition, employment, investment, productivity, innovation, or on the 
ability of United States-based companies to compete with foreign-based companies in 
domestic and export markets.

List of Subjects in 21 CFR part 1308

Administrative practice and procedure, Drug traffic control, Narcotics, Prescription 
drugs, Reporting and Recordkeeping requirements.

Under the authority vested in the Attorney General by Section 201(h) of the CSA (21 U.S.C.
 811(h)), and delegated to the Deputy Administrator of the DEA by Department of Justice 
regulations (28 CFR 0.100), the Department Administrator hereby intends to order that 21 
CFR Part 1308 be amended as follows: 

PART 1308--SCHEDULES OF CONTROLLED SUBSTANCES

1. The authority citation for 21 CFR Part 1308 continues to read as follows:

Authority: 21 U.S.C. 811, 812, 871b, unless otherwise noted.

2. Section 1308.11 is to be amended by adding paragraph (g)(5) to read as follows:


Sec. 1308.11  Schedule I.
* * * * *

(g) * * *

(5) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7), 
its optical isomers, salts and salts of isomers--7348.
* * * * *

Dated: July 9, 2002.
John B. Brown, III,
Deputy Administrator.
[FR Doc. 02-17902 Filed 7-17-02; 8:45 am]
BILLING CODE 4410-09-M