Specific Listing for Dipentylone, a Currently Controlled Schedule I Substance

<RULE> DEPARTMENT OF JUSTICE <SUBAGY>Drug Enforcement Administration</SUBAGY> <CFR>21 CFR Part 1308</CFR> <DEPDOC>[Docket No. DEA-1390]</DEPDOC> <SUBJECT>Specific Listing for Dipentylone, a Currently Controlled Schedule I Substance</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Drug Enforcement Administration, Department of Justice. <HD SOURCE="HED">ACTION:</HD> Final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Drug Enforcement Administration (DEA) is establishing a specific listing and DEA Controlled Substances Code Number (drug code) for 1-(1,3-benzodioxol-5-yl)-2-(dimethylamino)pentan-1-one (dipentylone; <E T="03">N,N</E> -dimethylpentylone) in schedule I of the Controlled Substances Act (CSA). Although dipentylone is not specifically listed in schedule I of the CSA with its own unique drug code, it is a schedule I controlled substances in the United States because it is a positional isomer of <E T="03">N</E> -ethylpenthylone (controlled August 31, 2018), which is a schedule I hallucinogen. Therefore, DEA is simply amending the schedule I hallucinogenic substances list in its regulations to separately include dipentylone. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> Effective August 8, 2025. </EFFDATE> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Dr. Terrence L. Boos, Drug and Chemical Evaluation, Diversion Control Division, Drug Enforcement Administration; Telephone: (571) 362-3249. As required by 5 U.S.C. 553(b)(4), a summary of this rule may be found in the docket for this rulemaking at <E T="03">www.regulations.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Dipentylone Control</HD> Dipentylone (also known as, 1-(1,3-benzodioxol-5-yl)-2-(dimethylamino)pentan-1-one and <E T="03">N,N</E> -dimethylpentylone) is a chemical substance that is structurally related to <E T="03">N</E> -ethylpentylone (also known as, 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)pentan-1-one). <E T="03">N</E> -Ethylpentylone is listed as a hallucinogenic substance in schedule I at 21 CFR 1308.11(d)(86). As stated in subsection 1308.11(d), a listed hallucinogenic substance includes “any of its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation,” and the term “isomer” includes the “optical, position[al,] and geometric isomers.” When compared to the chemical structure of <E T="03">N</E> -ethylpentylone, dipentylone meets the definition of a “positional isomer” in 21 CFR 1300.01(b), which cross-references the term “positional isomer” in 21 CFR 1308.11(d). Both <E T="03">N</E> -ethylpentylone and dipentylone possess the same molecular formula and core structure, and they have the same functional groups. They only differ from one another by a rearrangement of an alkyl moiety between functional groups that does not create new chemical functionalities or destroy existing chemical functionalities. Accordingly, under 21 CFR 1308.11(d), dipentylone, as a positional isomer of <E T="03">N</E> -ethylpentylone, has been and continues to be a schedule I controlled substance. <SU>1</SU> <FTREF/> <FTNT> <SU>1</SU>   <E T="03">N</E> -Ethylpentylone (and its isomers) has been subject to schedule I controls since August 31, 2018, <E T="03">see</E> Schedules of Controlled Substances: Temporary Placement of N-Ethylpentylone in Schedule I, 83 FR 44474 (Aug. 31, 2018), a one-year extension of that order, <E T="03">see</E> Schedules of Controlled Substances: Extension of Temporary Placement of N-Ethylpentylone in Schedule I of the Controlled Substances Act, 85 FR 52915 (Aug. 31, 2020), and then permanently placed under schedule I, <E T="03">see</E> Schedules of Controlled Substances: Placement of N-Ethylpentylone in Schedule I, 86 FR 31427-31429 (June 14, 2021). </FTNT> <HD SOURCE="HD1">Legal Authority</HD> This rule is prompted by a letter dated June 6, 2024, in which the Secretariat of the United Nations informed the United States government that dipentylone had been added to Schedule II of the Convention on Psychotropic Substances of 1971 (1971 Convention), February 21, 1971, 32 U.S.T. 543, 1019 U.N.T.S. 175, as amended. This letter was provoked by a decision at the 67th Session of the Commission on Narcotic Drugs (CND) in March 2024 to schedule dipentylone under Schedule II of the 1971 Convention (CND Decision 67/3). Preceding this decision, the Food and Drug Administration (FDA), on behalf of the Secretary of Health and Human Services and pursuant to 21 U.S.C. 811(d)(2), published two notices in the <E T="04">Federal Register</E> with an opportunity to submit domestic information and opportunity to comment on this action. <SU>2</SU> <FTREF/> In the February 8, 2024 notice, FDA noted that dipentylone was already controlled in schedule I of the Controlled Substances Act (CSA) as a positional isomer, <SU>3</SU> <FTREF/> and the February 2024 notice stated that no additional permanent controls for dipentylone under the CSA would be necessary to fulfill the United States' obligations as a party to the 1971 Convention. <FTNT> <SU>2</SU>   <E T="03">See</E> International Drug Scheduling; Convention on Psychotropic Substances; Single Convention on Narcotic Drugs; Bromazolam; Flubromazepam; Butonitazene; 3-Chloromethcathinone (3-CMC); Dipentylone; 2-Fluorodeschloroketamine (2-FDCK); Nitrous Oxide (N2O); Carisoprodol; Request for Comments, 88 FR 52179 (Aug. 7, 2023); International Drug Scheduling; Convention on Psychotropic Substances; Single Convention on Narcotic Drugs; World Health Organization; Scheduling Recommendations; Butonitazene; 3-Chloromethcathinone; Dipentylone; 2-Fluorodeschloroketamine; Bromazolam; Request for Comments, 89 FR 8683 (Feb. 8, 2024). </FTNT> <FTNT> <SU>3</SU>  In the Feb. 8, 2024 notice (89 FR 8683), dipentylone was incorrectly identified as a positional isomer of Pentylone. </FTNT> As discussed above in this final rule, dipentylone—by virtue of being a positional isomer of <E T="03">N</E> -ethylpentylone—has been controlled in schedule I of the CSA temporarily since August 31, 2018, <SU>4</SU> <FTREF/> and permanently since June 14, 2021. <SU>5</SU> <FTREF/> Therefore, all regulations and criminal sanctions applicable to schedule I substances have been and remain applicable to dipentylone. Drugs controlled in schedule I of the CSA satisfy and exceed the required domestic controls of Schedule II under Article 2 of the 1971 Convention. <FTNT> <SU>4</SU>   <E T="03">See</E> Schedules of Controlled Substances: Temporary Placement of N-Ethylpentylone in Schedule I, 83 FR 44474 (Aug. 31, 2018). </FTNT> <FTNT> <SU>5</SU>   <E T="03">See</E> Schedules of Controlled Substances: Placement of N-Ethylpentylone in Schedule I, 86 FR 31427 (June 14, 2021). </FTNT> <HD SOURCE="HD1">Effect of Action</HD> As discussed above, this rule does not affect the continuing status of dipentylone as a schedule I controlled substance in any way. This action, as an administrative matter, establishes a separate, specific listing for dipentylone in schedule I of the CSA and assigns a DEA controlled substances code number (drug code) for this substance. This action will allow DEA to establish an aggregate production quota and grant individual manufacturing and procurement quotas to DEA-registered manufacturers of dipentylone, who had previously been granted individual quotas for such purposes under the drug code for <E T="03">N</E> -ethylpentylone. <HD SOURCE="HD1">Regulatory Analyses</HD> <HD SOURCE="HD2">Administrative Procedure Act</HD> An agency may find good cause to exempt a rule from certain provisions of the Administrative Procedure Act (APA), including notice of proposed rulemaking and the opportunity for public comment, if it is determined to be unnecessary, impracticable, or contrary to the public interest. <SU>6</SU> <FTREF/> <FTNT> <SU>6</SU>  5 U.S.C. 553. </FTNT> Pursuant to 5 U.S.C. 553(b)(B), DEA finds that notice-and-comment rulemaking is unnecessary as dipentylone is currently controlled in schedule I as a positional isomer of <E T="03">N</E> -ethylpentylone. The addition of a separate listing for dipentylone and its DEA controlled substances code number in the list of schedule I substances in 21 CFR 1308.11(d) makes no substantive difference in the status of this drug as a schedule I controlled substance, but instead is “a minor or merely technical amendment in which the public is not particularly interested.”  <SU>7</SU> <FTREF/> This rule is a “technical amendment” to 21 CFR 1308.11(d) as it is “insignificant in nature and impact, and inconsequential to the industry and public.” Therefore, DEA finds that publishing a notice of proposed rulemaking and soliciting public comment are unnecessary and good cause exists to dispense with these procedures. <FTNT> <SU>7</SU>   <E T="03">National Nutritional Foods Ass'n</E> v. <E T="03">Kennedy,</E> 572 F.2d 377, 385 (2d Cir. 1978) (quoting S. Rep. No. 79-752, at 200 (1945)). <E T="03">See also Utility Solid Waste Activities Group</E> v. <E T="03">E.P.A.,</E> 236 F.3d 749, 755 (D.C. Cir. 2001) (the “unnecessary” prong “is confined to those situations in which the administrative rule is a routine determination, insignificant in nature and impact, and inconsequential to the industry and public”) (internal quotations and citation omitted). </FTNT> In addition, DEA is concerned that delaying the effective date of this rule potentially could cause confusion regarding the regulatory status of dipentylone. With dipentylone currently controlled as a schedule I controlled substance as a positional isomer, and with no additional requirements being imposed through this action, DEA finds good cause exists to make this rule ef ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 17k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━