Official US DEA postion on JWH-018, JWH-073 and CP 47,497: not analogs
I thought I'd post this as I've seen a great deal of speculation here and other places about the legality in the US of these substances, with a fair number of people arguing that parts 2&3:
"(ii) which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulent, [sic] depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II; or
"(iii) with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II.
would qualify these substances as analogs even without meeting part 1:
"(i) the chemical structure of which is substantially similar to the chemical structure of a controlled substance in schedule I or II;
predominantly because of the lack of an "and" following the first portion of the definition. Others have argued that no matter the structural similarity, prosecutors would be easily able to confuse a judge no matter what the law was, and there have also been instances of DEA personnel seeming to broaden the CSA through their own interpretation during public speaking.
Anyway, no matter all of this, I thought folks might be interested that the DEA itself lists all three of these chemicals as not fitting the CSA at this time, essentially calling them legal. If this has been discussed before I apologize, but I must have missed it (and search did too). These "Drugs and Chemicals of Concern" documents are dated February 2009.
JWH-018 is not currently controlled under the CSA.
ref:
http://www.deadiversion.usdoj.gov/drugs_concern/spice/spice_jwh018.htm
JWH-073 is not currently controlled under the CSA.
ref:
http://www.deadiversion.usdoj.gov/drugs_concern/spice/spice_jwh073.htm
CP 47,497 and its homologues are not currently controlled under the CSA.
ref:
http://www.deadiversion.usdoj.gov/drugs_concern/spice/spice_cp47497.htm
In contrast, they do list HU-210 and HU-211 as being analogs under the CSA (navigate up from one of the previous links if you'd like to see their reports), though that has always been assumed as far as I know.
Anyway, not surprising to me as I've always read the analogue act as requiring part 1 no matter what was said, but perhaps that will put that little side of the argument to rest. It is interesting to note though, as it officially means that even if you were selling JWH-018 or JWH-073 etc. openly for human consumption in the US you'd to my understanding only run afoul of the FDA, and agency that is notoriously lax or slow moving in most cases.