For purposes of this section, evidence that a substance was not marketed, advertised, or labeled for human consumption, by itself, shall not be sufficient to establish that the substance was not intended for human consumption.
21 U.S. Code § 813 - Treatment of controlled substance analogues
(a) In general
(b) DeterminationIn determining whether a controlled substance analogue was intended for human consumption under subsection (a), the following factors may be considered, along with any other relevant factors:
The known efficacy or usefulness of the substance for the marketed, advertised, or labeled purpose.
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 sold.
The diversion of the substance from legitimate channels and the clandestine importation, manufacture, or distribution of the substance.
Whether the defendant knew or should have known the substance was intended to be consumed by injection, inhalation, ingestion, or any other immediate means.
References in Text
Schedule I, referred to in subsec. (a), is set out in section 812(c) of this title.