controlled substance analogue
A controlled substance analogue is a drug that is, or is represented to be, substantially similar in structure or function to a Schedule I or II controlled substance. See 21 U.S. Code § 802(32)(A) for more information.
In criminal law, an analogue is treated equivalently to a Schedule I controlled substance. While 21 U.S. Code § 802(32)(A) has three prongs that can each be independently satisfied, courts have found that to be held criminally liable for crimes associated with a controlled substance analogue, merely representing a substance to be analogous to a controlled substance is not criminal without satisfying another of the three prongs.
To be prosecuted for an analogue, the drugs must be intended for human consumption. However, just disclaiming that a substance is “not for human consumption” is not sufficient to avoid criminal liability. Following 21 U.S.C. 813(b), courts will look to considerations such as the marketing, advertising, labeling, and other factors to determine whether the analogue was intended for human consumption. If a case goes to trial, an expert witness is often necessary to determine whether two drugs are sufficiently similar.
See: McFadden v. United States, 576 U.S. 186 (2015) and United States v. McCray, 346 F.Supp.3d 363 (2018).
[Last reviewed in March of 2026 by the Wex Definitions Team]
Wex