Proposed Rule2025-22963

Schedules of Controlled Substances: Placement of 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-FUBICA in Schedule I

Primary source

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Published
December 16, 2025

Issuing agencies

Justice DepartmentDrug Enforcement Administration

Abstract

The Drug Enforcement Administration proposes placing methyl 2- [[1-(4-fluorobutyl)indole-3-carbonyl]amino]-3,3-dimethylbutanoate (other names: 4F-MDMB-BUTICA; 4F-MDMB-BICA), N-(1-amino-3,3-dimethyl-1- oxobutan-2-yl)-1-(pent-4-en-1-yl)-1H-indazole-3-carboxamide (other name: ADB-4en-PINACA), ethyl 2-[[1-(5-fluoropentyl)indole-3- carbonyl]amino]-3,3-dimethyl-butanoate (other names: 5F-EDMB-PICA; 5F- EDMB-2201), and methyl 2-(1-(4-fluorobenzyl)-1H-indole-3-carboxamido)- 3-methyl butanoate (other name: MMB-FUBICA), including their salts, isomers (including optical, positional, and geometric isomers), and salts of isomers, in schedule I of the Controlled Substances Act. 4F- MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-FUBICA were temporarily scheduled in an order dated December 12, 2023. If finalized, this action would make permanent the existing regulatory controls and administrative, civil, and criminal sanctions applicable to schedule I controlled substances on persons who handle (manufacture, distribute, reverse distribute, import, export, engage in research, conduct instructional activities or chemical analysis with, or possess) or propose to handle 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, or MMB-FUBICA.

Full Text

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<title>Federal Register, Volume 90 Issue 239 (Tuesday, December 16, 2025)</title>
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<body><pre>
[Federal Register Volume 90, Number 239 (Tuesday, December 16, 2025)]
[Proposed Rules]
[Pages 58174-58181]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-22963]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 90, No. 239 / Tuesday, December 16, 2025 / 
Proposed Rules

[[Page 58174]]



DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1308

[Docket No. DEA1604]


Schedules of Controlled Substances: Placement of 4F-MDMB-BUTICA, 
ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-FUBICA in Schedule I

AGENCY: Drug Enforcement Administration, Department of Justice.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Drug Enforcement Administration proposes placing methyl 2-
[[1-(4-fluorobutyl)indole-3-carbonyl]amino]-3,3-dimethylbutanoate 
(other names: 4F-MDMB-BUTICA; 4F-MDMB-BICA), N-(1-amino-3,3-dimethyl-1-
oxobutan-2-yl)-1-(pent-4-en-1-yl)-1H-indazole-3-carboxamide (other 
name: ADB-4en-PINACA), ethyl 2-[[1-(5-fluoropentyl)indole-3-
carbonyl]amino]-3,3-dimethyl-butanoate (other names: 5F-EDMB-PICA; 5F-
EDMB-2201), and methyl 2-(1-(4-fluorobenzyl)-1H-indole-3-carboxamido)-
3-methyl butanoate (other name: MMB-FUBICA), including their salts, 
isomers (including optical, positional, and geometric isomers), and 
salts of isomers, in schedule I of the Controlled Substances Act. 4F-
MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-FUBICA were 
temporarily scheduled in an order dated December 12, 2023. If 
finalized, this action would make permanent the existing regulatory 
controls and administrative, civil, and criminal sanctions applicable 
to schedule I controlled substances on persons who handle (manufacture, 
distribute, reverse distribute, import, export, engage in research, 
conduct instructional activities or chemical analysis with, or possess) 
or propose to handle 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, or 
MMB-FUBICA.

DATES: Comments must be submitted electronically or postmarked on or 
before January 15, 2026. The electronic Federal Docket Management 
System will not accept comments after 11:59 p.m. Eastern Time on the 
last day of the comment period.
    Interested persons may file a request for a hearing or waiver of 
hearing pursuant to 21 CFR 1308.44 and in accordance with 21 CFR 
1316.47 and/or 1316.49, as applicable. Requests for a hearing and 
waivers of an opportunity for a hearing or to participate in a hearing, 
together with a written statement of position on the matters of fact 
and law asserted in the hearing, must be received or postmarked on or 
before January 15, 2026.

ADDRESSES: Interested persons may file written comments on this 
proposal in accordance with 21 CFR 1308.43(g). To ensure proper 
handling of comments, please reference ``Docket No. DEA1064'' on all 
electronic and written correspondence, including any attachments.
    <bullet> Electronic comments: The Drug Enforcement Administration 
(DEA) encourages commenters to submit comments electronically through 
the Federal eRulemaking Portal, which provides the ability to type 
short comments directly into the comment field on the web page or 
attach a file for lengthier comments. Please go to <a href="http://www.regulations.gov">http://www.regulations.gov</a> and follow the online instructions at that site for 
submitting comments. Upon completion of your submission, you will 
receive a Comment Tracking Number. If you have received a Comment 
Tracking Number, your comment has been successfully submitted and there 
is no need to resubmit the same comment. Commenters should be aware 
that the electronic Federal Docket Management System will not accept 
comments after 11:59 p.m. Eastern Time on the last day of the comment 
period.
    <bullet> Paper comments: Paper comments that duplicate the 
electronic submissions are not necessary and are discouraged. Should 
you wish to mail a paper comment in lieu of an electronic comment, it 
should be sent via regular or express mail to: Drug Enforcement 
Administration, Attn: DEA Federal Register Representative/DPW, 8701 
Morrissette Drive, Springfield, Virginia 22152.
    <bullet> Hearing requests: All requests for a hearing and waivers 
of participation, together with a written statement of position on the 
matters of fact and law asserted in the hearing, must be filed with the 
DEA Administrator, who will make the determination of whether a hearing 
will be needed to address such matters of fact and law in the 
rulemaking. Such requests must be sent to: Drug Enforcement 
Administration, Attn: Administrator, 8701 Morrissette Drive, 
Springfield, Virginia 22152. For informational purposes, a courtesy 
copy of requests for hearing and waivers of participation should also 
be sent to: (1) Drug Enforcement Administration, Attn: Hearing Clerk/
OALJ, 8701 Morrissette Drive, Springfield, Virginia 22152; and (2) Drug 
Enforcement Administration, Attn: DEA Federal Register Representative/
DPW, 8701 Morrissette Drive, Springfield, Virginia 22152.

FOR FURTHER INFORMATION CONTACT: Dr. Terrence L. Boos, Drug and 
Chemical Evaluation Section, Diversion Control Division, Drug 
Enforcement Administration; Telephone: (571) 362-3249.
    As required by 5 U.S.C. 553(b)(4), a summary of this proposed rule 
may be found in the docket for this rulemaking at <a href="http://www.regulations.gov">www.regulations.gov</a>.

SUPPLEMENTARY INFORMATION: The Drug Enforcement Administration (DEA) 
proposes to permanently schedule the following four controlled 
substances in schedule I of the Controlled Substances Act (CSA), 
including their salts, isomers (including optical, positional, and 
geometric isomers), and salts of isomers whenever the existence of such 
salts, isomers, and salts of isomers is possible within the specific 
chemical designation:
    <bullet> methyl 2-[[1-(4-fluorobutyl)indole-3-carbonyl]amino]-3,3-
dimethylbutanoate (other names: 4F-MDMB-BUTICA; 4F-MDMB-BICA),
    <bullet> N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(pent-4-en-1-
yl)-1H-indazole-3-carboxamide (other name: ADB-4en-PINACA),
    <bullet> ethyl 2-[[1-(5-fluoropentyl)indole-3-carbonyl]amino]-3,3-
dimethyl-butanoate (other names: 5F-EDMB-PICA; 5F-EDMB-2201), and,
    <bullet> methyl 2-(1-(4-fluorobenzyl)-1H-indole-3-carboxamido)-3-
methyl butanoate (other name: MMB-FUBICA).

Posting of Public Comments

    All comments received in response to this docket are considered 
part of the public record. DEA will make comments available for public 
inspection online at

[[Page 58175]]

<a href="http://www.regulations.gov">http://www.regulations.gov</a>, unless reasonable cause is given. Such 
information includes personal or business identifiers (such as name, 
address, state of federal identifiers, etc.) voluntarily submitted by 
the commenter.
    Commenters submitting comments which include personal identifying 
information (PII), confidential, or proprietary business information 
that the commenter does not want to be made publicly available should 
submit two copies of the comment. One copy must be marked ``CONTAINS 
CONFIDENTIAL INFORMATION'' and should clearly identify all PII or 
business information the commenter does not want to be made publicly 
available, including any supplemental materials. DEA will review this 
copy, including the claimed PII and confidential business information, 
in its consideration of comments. The second copy should be marked ``TO 
BE PUBLICLY POSTED'' and must have all claimed confidential PII and 
business information already redacted. DEA will post only the redacted 
comment on <a href="http://www.regulations.gov">http://www.regulations.gov</a> for public inspection. DEA 
generally will not redact additional information contained in the 
comment marked ``TO BE PUBLICLY POSTED.'' The Freedom of Information 
Act applies to all comments received.
    For easy reference, an electronic copy of this document and 
supplemental information to this proposed scheduling action are 
available at <a href="http://www.regulations.gov">http://www.regulations.gov</a>.

Request for Hearing or Appearance; Waiver

    Pursuant to 21 U.S.C. 811(a), this action is a formal rulemaking 
``on the record after opportunity for a hearing.'' Such proceedings are 
conducted pursuant to the provisions of the Administrative Procedure 
Act (APA).\1\ Interested persons, as defined in 21 CFR 1300.01(b), may 
file requests for a hearing in conformity with the requirements of 21 
CFR 1308.44(a) and 1316.47(a), and such requests must:
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    \1\ 5 U.S.C. 551-559; 21 CFR 1308.41-1308.45; 21 CFR part 1316, 
subpart D.
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    (1) state with particularity the interest of the person in the 
proceeding;
    (2) state with particularity the objections or issues concerning 
which the person desires to be heard; and
    (3) state briefly the position of the person regarding the 
objections or issues.
    Any interested person may file a waiver of an opportunity for a 
hearing or to participate in a hearing in conformity with the 
requirements of 21 CFR 1308.44(c), together with a written statement of 
position on the matters of fact and law involved in any hearing.\2\
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    \2\ 21 CFR 1316.49.
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    All requests for a hearing and waivers of participation, together 
with a written statement of position on the matters of fact and law 
involved in such hearing, must be sent to DEA using the address 
information provided above. The decision whether a hearing will be 
needed to address such matters of fact and law in the rulemaking will 
be made by the Administrator. If a hearing is needed, DEA will publish 
a notice of hearing on the proposed rulemaking in the Federal 
Register.\3\ Further, once the Administrator determines a hearing is 
needed to address such matters of fact and law in rulemaking, he will 
then designate an Administrative Law Judge (ALJ) to preside over the 
hearing. The ALJ's functions shall commence upon designation, as 
provided in 21 CFR 1316.52.
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    \3\ 21 CFR 1308.44(b), 1316.53.
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    In accordance with 21 U.S.C. 811 and 812, the purpose of a hearing 
would be to determine whether 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-
PICA, or MMB-FUBICA meet the statutory criteria for placement in 
schedule I, as proposed in this rulemaking.

Legal Authority

    The CSA provides that proceedings for the issuance, amendment, or 
repeal of the scheduling of any drug or other substance may be 
initiated by the Attorney General (delegated to the Administrator of 
DEA pursuant to 28 CFR 0.100) on her own motion, at the request of the 
Secretary of Health and Human Services (HHS), or on the petition of an 
interested party.\4\ This proposed action is initiated on the 
Administrator's own motion and supported by, inter alia, a 
recommendation from the then-Assistant Secretary for Health of the HHS 
(Assistant Secretary) and an evaluation of all other relevant data by 
DEA. If finalized, this action would make permanent the existing 
temporary regulatory controls and administrative, civil, and criminal 
sanctions of schedule I controlled substances on any person who handles 
or proposes to handle 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and 
MMB-FUBICA.
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    \4\ 21 U.S.C. 811(a).
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Background

    On December 12, 2023, pursuant to 21 U.S.C. 811(h)(1), the previous 
Administrator published an order in the Federal Register temporarily 
placing six synthetic cannabinoids (SCs) in schedule I of the CSA based 
on the finding that these substances pose an imminent threat to public 
safety.\5\ The six SCs temporarily controlled under the CSA included 
the four SCs that are the subject of this proposed rulemaking, as well 
as methyl 3,3-dimethyl-2-(1-(pent-4-en-1-yl)-1H-indazole-3-
carboxamido)butanoate (other name: MDMB-4en-PINACA), and 5-pentyl-2-(2-
phenylpropan-2-yl)pyrido[4,3-b]indol-1-one (other names: CUMYL-
PEGACLONE; SGT-151). These six SCs have not been investigated for 
medical use. Nor are they intended for human use. This proposed 
rulemaking focuses on 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and 
MMB-FUBICA only.
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    \5\ Schedules of Controlled Substances: Temporary Placement of 
MDMB-4en-PINACA, 4F-MDMB-BUTICA, ADB-4en-PINACA, CUMYL-PEGACLONE, 
5F-EDMB-PICA, and MMB-FUBICA into Schedule I, 88 FR 86040 (Dec. 12, 
2023).
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    Pursuant to 21 U.S.C. 811(b), DEA gathered the necessary data on 
4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-FUBICA and, on 
April 15, 2025, submitted it to the then-Assistant Secretary for Health 
of HHS with a request for a scientific and medical evaluation of 
available information and a scheduling recommendation for 4F-MDMB-
BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-FUBICA.
    On December 3, 2025, HHS provided DEA a scientific and medical 
evaluation entitled, ``Basis for the Recommendation to Place 4F-MDMB-
BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-FUBICA and their salts in 
Schedule I of the Controlled Substances Act,'' and a scheduling 
recommendation. Pursuant to 21 U.S.C. 811(b), following consideration 
of the eight factors and findings related to the substance's abuse 
potential, legitimate medical use, and dependence liability, HHS 
recommended that 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-
FUBICA be controlled in schedule I of the CSA under 21 U.S.C. 812(b). 
HHS noted that 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-
FUBICA are full agonists at the cannabinoid type 1 (CB1) receptor, have 
no known medical use in the United States, have no approved new drug 
applications, and are not known to be marketed anywhere in the world as 
an approved drug product. HHS also noted that health care practitioners 
and medical examiners have reported cases of severe clinical adverse 
events and even death when 4F-MDMB-BUTICA and 5F-EDMB-PICA was 
ingested.

[[Page 58176]]

Proposed Determination To Permanently Schedule 4F-MDMB-BUTICA, ADB-4en-
PINACA, 5F-EDMB-PICA, and MMB-FUBICA

    As discussed above in the background section, the Administrator is 
initiating proceedings, pursuant to 21 U.S.C. 811(a), to permanently 
add 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-FUBICA to 
schedule I. DEA reviewed the scientific and medical evaluation and 
scheduling recommendation provided by HHS, all other relevant data, and 
conducted its own eight-factor analysis in accordance with 21 U.S.C. 
811(c). Included below is a brief summary of each factor as analyzed by 
HHS and DEA in their respective eight-factor analyses, and as 
considered by DEA in this proposed scheduling determination. Please 
note that both the DEA and HHS analyses, including the evaluation of 
the eight factors determinative of control along with their supporting 
data and citations, are available in their entirety under the tab 
``Supporting Documents'' of the public docket of this proposed rule at 
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, under docket number ``DEA1064.''

1. The Drug's Actual or Relative Potential for Abuse

    In addition to considering the information HHS provided in its 
scientific and medical evaluation document for 4F-MDMB-BUTICA, ADB-4en-
PINACA, 5F-EDMB-PICA, and MMB-FUBICA, DEA also considered all other 
relevant data regarding actual or relative potential for abuse of 4F-
MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-FUBICA. The term 
``abuse'' is not defined in the CSA; however, the legislative history 
of the CSA suggests the following four prongs in determining whether a 
particular drug or substances has a potential for abuse: \6\
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    \6\ Comprehensive Drug Abuse Prevention and Control Act of 1970, 
H.R. Rep. No. 91-1444, 91st Cong., Sess. 1 (1970); reprinted in 1970 
U.S.C.C.A.N. 4566, 4603.
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    a. There is evidence that individuals are taking the drug or drugs 
containing such a substance in amounts sufficient to create a hazard to 
their health or to the safety of other individuals or of the community; 
or
    b. There is a significant diversion of the drug or substance from 
legitimate drug channels; or
    c. Individuals are taking the drug or drugs containing such a 
substance on their own initiative rather than on the basis of medical 
advice from a practitioner licensed by law to administer such drugs in 
the course of his professional practice; or
    d. The drug or drugs containing such a substance are new drugs so 
related in their action to a drug or drugs already listed as having a 
potential for abuse to make it likely that the drug will have the same 
potentiality for abuse as such drugs, thus making it reasonable to 
assume that there may be significant diversions from legitimate 
channels, significant use contrary to or without medical advice, or 
that it has a substantial capability of creating hazards to the health 
of the user or to the safety of the community.
    Both DEA and HHS eight-factor analyses found that the abuse of 4F-
MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-FUBICA is creating a 
hazard to the health and safety of both the individual users and others 
within the community. These four SCs produce pharmacological effects, 
including adverse effects, that are similar to those produced by other 
schedule I SCs, such as JWH-018, FUB-AMB, and ADB-PINACA. In its letter 
dated March 7, 2022, HHS stated that there are no Food and Drug 
Administration (FDA)-approved drug products containing 4F-MDMB-BUTICA, 
ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-FUBICA in the United States, and 
there appear to be no legitimate sources for these substances as 
marketed drugs.
    Overall, data demonstrate that 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-
EDMB-PICA, and MMB-FUBICA have a high potential for abuse. Thus, based 
on these data, it is reasonable to conclude that 4F-MDMB-BUTICA, ADB-
4en-PINACA, 5F-EDMB-PICA, and MMB-FUBICA, having no medical use, and 
thus no therapeutic value, present a hazard to the health and safety of 
individuals and the community.

2. Scientific Evidence of the Drug's Pharmacological Effects, if Known

    As explained in HHS's and DEA's respective eight-factor analyses, 
the available data indicate that 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-
EDMB-PICA, and MMB-FUBICA produce pharmacological effects that are 
similar to those produced by schedule I SCs, such as JWH-018, FUB-AMB, 
and ADB-PINACA. Scientific studies demonstrate that, similar to other 
schedule I SCs, 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-
FUBICA bind to cannabinoid subtype 1 (CB1) receptors and act as 
agonists at CB1 receptors. Data also demonstrates that 4F-MDMB-BUTICA, 
ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-FUBICA produce discriminative 
stimulus effects that are similar to SCs that have been encountered 
within the United States. SCs are substances synthesized in 
laboratories that mimic the biological effects of the schedule I 
hallucinogen delta-9-tetrahydrocannabinol (THC), the main psychoactive 
component in marijuana (schedule I). SCs were introduced to the 
designer drug market in several European countries as ``herbal 
incense'' before the initial encounter in the United States by U.S. 
Customs and Border Protection in November 2008. From 2009 to the 
present, misuse of SCs has increased in the United States. Law 
enforcement has encountered SCs applied onto plant material and in 
other designer drug products intended for human consumption.
    4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-FUBICA have 
not been investigated for medical use, and they are not intended for 
human use. With no known legitimate use and safety information, 
manufacturers are surreptitiously adulterating plant material with 4F-
MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and/or MMB-FUBICA, and 
distributors are selling the associated products which pose potentially 
dangerous consequences to the consumer. The adulterated products, such 
as ``Spice,'' ``K2,'' and many others, are marketed under the guise of 
``herbal incense'' or ``potpourri'' products and as ``legal 
alternatives to marijuana'' or ``legal high.'' Data from law 
enforcement, health care practitioners, and scientific and medical 
literature indicate that SC products are being abused for their 
psychoactive properties in the absence of information regarding their 
safety. There have been reports of adverse effects following abuse of 
4F-MDMB-BUTICA and 5F-EDMB-PICA, similar to schedule I SCs (e.g., JWH-
018, FUB-AMB, and ADB-PINACA). These pharmacological characteristics of 
4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-FUBICA are 
predictive of substances that have a high potential for abuse. Overall, 
these data indicate that 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, 
and MMB-FUBICA produces pharmacological effects and that are similar to 
those of the JWH-018, FUB-AMB, and ADB-PINACA.

3. The State of Current Scientific Knowledge Regarding the Drug or 
Other Substance

    4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-FUBICA are 
structurally unrelated to THC, the principle psychoactive chemical in 
marijuana. Rather, 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-

[[Page 58177]]

EDMB-PICA, and MMB-FUBICA are potent SCs that are reported to be smoked 
for recreational purposes. 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-
PICA, and MMB-FUBICA are CB1 receptor agonists that are 
pharmacologically similar to THC. Neither DEA nor HHS is aware of any 
currently accepted medical use for 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-
EDMB-PICA, or MMB-FUBICA. There are no well-controlled clinical studies 
showing safety or efficacy for these substances. In addition, there is 
no evidence by qualified experts that 4F-MDMB-BUTICA, ADB-4en-PINACA, 
5F-EDMB-PICA, or MMB-FUBICA are accepted as having therapeutic uses.

4. History and Current Pattern of Abuse

    SCs were developed by researchers over the last 30 years as tools 
for investigating the endocannabinoid system. Since this first 
encounter, law enforcement seizures, public health and published case 
reports, and media reporting have demonstrated an increase in the use 
and abuse of SCs. Law enforcement and public health officials in the 
United States continue to encounter synthetic cannabinoids, including 
4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-FUBICA. According 
to the National Forensic Laboratory Information System (NFLIS) data, 
4F-MDMB-BUTICA was first identified in July 2020 within drug seizure 
evidence, which was followed by 5F-EDMB-PICA (in December 2020), 4F-
MDMB-BUTICA (in February 2021), and ADB-4en-PINACA (in March 2021).\7\ 
The drug seizures reported by DEA, state and local laboratories, and 
other federal agencies demonstrate that the four SCs are available for 
illicit use. In its review, HHS concluded that law enforcement data are 
suggestive of the illicit availability of the four SCs, which 
demonstrates that there is a history and current pattern of abuse of 
these drugs.
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    \7\ NFLIS represents an important resource in monitoring illicit 
drug trafficking, including the diversion of legally manufactured 
pharmaceuticals into illegal markets. NFLIS is a comprehensive 
information system that includes data from forensic laboratories 
that handle more than 96% of an estimated 1.0 million distinct 
annual State and local drug analysis cases. NFLIS includes drug 
chemistry results from completed analyses only. While NFLIS data is 
not direct evidence of abuse, it can lead to an inference that a 
drug has been diverted and abused. See Schedules of Controlled 
Substances: Placement of Carisoprodol Into Schedule IV, 76 FR 77330, 
77332 (Dec. 12, 2011).
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5. Scope, Duration and Significance of Abuse

    Evidence shows that 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, 
and MMB-FUBICA are recreational drugs of abuse. HHS noted in its 
recommendation that SCs continue to be encountered on the illicit 
market despite scheduling actions that attempt to safeguard the public 
from the adverse effects and safety issues associated with these 
substances. Novel substances continue to be encountered that differ 
only by small chemical structural modifications intended to avoid 
prosecution, while maintaining the pharmacological effects. Law 
enforcement and health care professionals continue to report the abuse 
of these substances and their associated products. According to NFLIS, 
there have been 568 encounters with 4F-MDMB-BUTICA, 403 encounters with 
ADB-4en-PINACA, 130 encounters with 5F-EDMB-PICA, and 417 encounters 
with MMB-FUBICA.\8\ Despite attempts to control SCs, illicit 
manufacturers continue to make small chemical modifications to 
substances that retain pharmacological activity at the CB1 receptor; 
thus, they continue to be encountered on the illicit drug market. These 
encounters of 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-
FUBICA by law enforcement indicate that these substances are being 
trafficked and abused in the United States.
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    \8\ NFLIS data were quired on October 22, 2025.
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6. What, if Any, Risk There Is to the Public Health

    Available evidence on the overall public health risks associated 
with the use of SCs demonstrate that their use can cause acute health 
problems leading to emergency department admissions and death. Case 
reports detailing serious adverse effects have been reported in the 
literature (see additional details at <a href="https://www.regulations.gov">https://www.regulations.gov</a> 
contained within DEA's eight-factor analysis at docket DEA-1604). 
According to HHS, 4F-MDMB-BICA is reported to produce symptoms that are 
similar to other SCs. In case reports of abusers that were tested and 
found positive for SCs, 4F-MDMB-BICA was identified as contributing to 
the reported SC-like adverse symptoms. Adverse health symptoms reported 
from incidents involving 4F-MDMB-BICA include chest pain, respiratory 
problems, tremor, and seizures. Multiple deaths have also been reported 
following the ingestion of products containing 4F-MDMB-BICA or 5F-EDMB-
PICA. While no case reports have been identified regarding ADB-4en-
PINACA or MMB-FUBICA, due to their similar pharmacology to other 
schedule I SCs, it is likely that they would share a similar adverse 
effect profile.

7. Its Psychic or Physiological Dependence Liability

    In its evaluation and recommendation, HHS noted that there are no 
clinical studies evaluating dependence liabilities specific for 4F-
MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-FUBICA. However, 
scientific data indicate that 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-
PICA, and MMB-FUBICA have a pharmacological profile that is similar to 
other schedule I SCs. 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and 
MMB-FUBICA bind to the CB1 receptor, function as agonists at the CB1 
receptor, and have been shown to produce discriminative stimulus 
effects that are similar to other schedule I SCs. Thus, it is 
reasonable to conclude that the cannabinoid-like properties of 4F-MDMB-
BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-FUBICA may produce a 
psychic and/or physiological dependence liability that is similar to 
other SCs already controlled in schedule I under the CSA, such as JWH-
018, FUB-AMB, and ADB-PINACA.

8. Whether the Substance is an Immediate Precursor of a Substance 
Already Controlled Under the CSA

    4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-FUBICA are 
not immediate precursors of any substance controlled under the CSA, as 
defined in 21 U.S.C. 802(23).

Conclusion

    After considering the scientific and medical evaluation conducted 
by HHS, HHS's accompanying scheduling recommendation, and DEA's own 
eight-factor analysis, DEA finds that these facts and all relevant data 
constitute substantial evidence of the potential for abuse of 4F-MDMB-
BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-FUBICA. As such, DEA 
proposes to permanently schedule 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-
EDMB-PICA, and MMB-FUBICA as schedule I controlled substances under the 
CSA.

Proposed Determination of Appropriate Schedule

    The CSA establishes five schedules of controlled substances known 
as schedules I, II, III, IV, and V. The CSA also outlines the findings 
required to place a drug or other substance in any particular 
schedule.\9\ After consideration of the analysis and recommendation of 
the Assistant Secretary for Health of HHS and review of all other 
available data, the

[[Page 58178]]

Administrator of DEA, pursuant to 21 U.S.C. 811(a) and 812(b)(1), finds 
that:
---------------------------------------------------------------------------

    \9\ 21 U.S.C. 812(b).
---------------------------------------------------------------------------

    (1) 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-FUBICA 
have a high potential for abuse, evidenced in part by data from in 
vitro binding affinity and functional activity studies, as well as by 
data from in vivo drug discrimination tests in animals. In these 
studies, 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-FUBICA 
were demonstrated to be agonists at CB1 receptors, which is a mechanism 
of action shared with other SCs substances with a high potential for 
abuse and controlled in schedule I under the CSA. In summary, 4F-MDMB-
BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-FUBICA have similar 
patterns of drug abuse, as well as similar adverse outcomes as other 
SCs currently controlled in schedule I of the CSA.
    (2) 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-FUBICA 
are not legally marketed in the United States, and FDA has not approved 
a marketing application for a drug product containing 4F-MDMB-BUTICA, 
ADB-4en-PINACA, 5F-EDMB-PICA, or MMB-FUBICA for any indication. There 
are no known medically approved uses worldwide at this time for these 
substances. Moreover, there are no adequate and well-controlled 
clinical studies or petitioners, that claim an accepted medical use for 
these substances in the United States. Thus, there is no evidence that 
4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, or MMB-FUBICA has a 
currently accepted medical use in treatment in the United States.\10\
---------------------------------------------------------------------------

    \10\ Pursuant to 21 U.S.C. 812(b)(1)(B), when placing a drug or 
substance in schedule I of the CSA, DEA must consider whether the 
substance has a currently accepted medical use in treatment in the 
United States. First, DEA looks to whether the drug or substance has 
FDA approval. When no FDA approval exists, DEA has traditionally 
applied a five-part test to a drug or substance to determine whether 
a drug or substance has a currently medical use: (1) the drug's 
chemistry must be known and reproducible; (2) there must be adequate 
safety studies; (3) there must be adequate and well-controlled 
studies proving efficacy; (4) the drug must be accepted by qualified 
experts; and (5) the scientific evidence must be widely available. 
See Marijuana Scheduling Petition; Denial of Petition; Remand, 57 FR 
10499 (Mar. 26, 1992), pet. for rev. denied, Alliance for Cannabis 
Therapeutics v. Drug Enforcement Admin., 15 F.3d 1131, 1135 (D.C. 
Cir. 1994). DEA and HHS applied the traditional five-part test for 
currently accepted medical use in this matter and concluded the test 
was not satisfied. In a recent published letter in a different 
context, HHS applied an additional two-part test to determine 
currently accepted medical use for substances that do not satisfy 
the five-part test: (1) whether there exists widespread, current 
experience with medical use of the substance by licensed health care 
practitioners operating in accordance with implemented jurisdiction-
authorized programs, where medical use is recognized by entities 
that regulate the practice of medicine, and, if so, (2) whether 
there exists some credible scientific support for at least one of 
the medical conditions for which part (1) is satisfied. On April 11, 
2024, the Department of Justice's Office of Legal Counsel (OLC) 
issued an opinion, which, among other things, concluded that HHS's 
two-part test would be sufficient to establish that a drug has a 
currently accepted medical use. Office of Legal Counsel, Memorandum 
for Merrick B. Garland Attorney General Re: Questions Related to the 
Potential Rescheduling of Marijuana at 3 (April 11, 2024). For 
purposes of this proposal, there is no evidence that health care 
providers have widespread experience with medical use of 4F-MDMB-
BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, or MMB-FUBICA, or that the use 
of these substances is recognized by entities that regulate the 
practice of medicine, so the two-part test also is not satisfied.
---------------------------------------------------------------------------

    (3) Because 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-
FUBICA have no approved medical use and have not been thoroughly 
investigated as new drugs, their safety for use under medical 
supervision has not been determined. Thus, there is a lack of accepted 
safety for use of these substances under medical supervision.
    Based on these findings, the Administrator concludes that 4F-MDMB-
BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-FUBICA, including their 
salts, isomers (including optical, positional, and geometric isomers), 
and salts of isomers, warrant control in schedule I of the CSA.

Requirements for Handling 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, 
and MMB-FUBICA

    As discussed above, 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, 
and MMB-FUBICA are currently subject to a temporary scheduling order, 
which added them to schedule I. If this rule is finalized as proposed, 
4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-FUBICA would be 
subject, on a permanent basis, to the CSA's schedule I regulatory 
controls and administrative, civil, and criminal sanctions applicable 
to the manufacture, distribution, reverse distribution, dispensing, 
import, export, engagement in research, conduct of instructional 
activities or chemical analysis with, and possession of schedule I 
controlled substances, including the following:
    1. Registration. Any person who handles (manufactures, distributes, 
dispenses, imports, exports, engages in research, or conducts 
instructional activities or chemical analysis with, or possesses) 4F-
MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, or MMB-FUBICA must be 
registered with DEA to conduct such activities pursuant to 21 U.S.C. 
822, 823, 957, and 958, and in accordance with 21 CFR parts 1301 and 
1312.
    2. Security. 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-
FUBICA are subject to schedule I security requirements and must be 
handled and stored pursuant to 21 U.S.C. 821, 823, and in accordance 
with 21 CFR 1301.71-1301.76. Non-practitioners handling these three 
substances also must comply with the screening requirements of 21 CFR 
1301.90-1301.93.
    3. Labeling and Packaging. All labels and labeling for commercial 
containers of 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-
FUBICA must comply with 21 U.S.C. 825 and 958(e), and be in accordance 
with 21 CFR part 1302.
    4. Quota. Only registered manufacturers would be permitted to 
manufacture 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-
FUBICA in accordance with a quota assigned, pursuant to 21 U.S.C. 826, 
and in accordance with 21 CFR part 1303.
    5. Inventory. Any person registered with DEA to handle 4F-MDMB-
BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-FUBICA must have an 
initial inventory of all stocks of controlled substances (including 
these substances) on hand on the date the registrant first engages in 
the handling of controlled substances pursuant to 21 U.S.C. 827 and 
958(e), and in accordance with 21 CFR 1304.03, 1304.04, and 1304.11.
    After the initial inventory, every DEA registrant must take a new 
inventory of all stocks of controlled substances (including 4F-MDMB-
BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-FUBICA) on hand every two 
years pursuant to 21 U.S.C. 827 and 958(e), and in accordance with 21 
CFR 1304.03, 1304.04, and 1304.11.
    6. Records and Reports. Every DEA registrant must maintain records 
and submit reports with respect to 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-
EDMB-PICA, and MMB-FUBICA, pursuant to 21 U.S.C. 827, 832(a), and 
958(e), and in accordance with 21 CFR 1301.74(b) and (c) and 
1301.76(b), and parts 1304, 1312, and 1317. Manufacturers and 
distributors would be required to submit reports regarding 4F-MDMB-
BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-FUBICA to the Automation 
of Reports and Consolidated Order System pursuant 21 U.S.C. 827, and in 
accordance with 21 CFR parts 1304 and 1312.
    7. Order Forms. Every DEA registrant who distributes 4F-MDMB-
BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-FUBICA must comply with 
the order form requirements, pursuant to 21 U.S.C. 828 and 21 CFR part 
1305.

[[Page 58179]]

    8. Importation and Exportation. All importation and exportation of 
4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-FUBICA must be in 
compliance with 21 U.S.C. 952, 953, 957, and 958, and in accordance 
with 21 CFR part 1312.
    9. Liability. Any activity involving 4F-MDMB-BUTICA, ADB-4en-
PINACA, 5F-EDMB-PICA, and MMB-FUBICA not authorized by, or in violation 
of, the CSA or its implementing regulations would be unlawful, and may 
subject the person to administrative, civil, and/or criminal sanctions.

Regulatory Analyses

Executive Orders 12866, 13563, 14192, and 14294

    In accordance with 21 U.S.C. 811(a), this proposed scheduling 
action is subject to formal rulemaking procedures done ``on the record 
after opportunity for a hearing,'' which are conducted pursuant to the 
provisions of 5 U.S.C. 556 and 557. The CSA sets forth the criteria for 
scheduling a drug or other substance. Such actions are exempt from 
review by the Office of Management and Budget (OMB) pursuant to section 
3(d)(1) of Executive Order (E.O.) 12866 and the principles reaffirmed 
in E.O. 13563. DEA scheduling actions are not subject to either E.O. 
14192, Unleashing Prosperity Through Deregulation, or E.O. 14294, 
Fighting Overcriminalization in Federal Regulations.

Executive Order 12988, Civil Justice Reform

    This proposed regulation meets the applicable standards set forth 
in sections 3(a) and 3(b)(2) of E.O. 12988 to eliminate drafting errors 
and ambiguity, minimize litigation, provide a clear legal standard for 
affected conduct, and promote simplification and burden reduction.

Executive Order 13132, Federalism

    This proposed rulemaking does not have federalism implications 
warranting the application of E.O. 13132. The proposed rule does not 
have substantial direct effects on the States, on the relationship 
between the National Government and the States, or the distribution of 
power and responsibilities among the various levels of government.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    This proposed rule does not have Tribal implications warranting the 
application of E.O. 13175. It does not have substantial direct effects 
on one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

Regulatory Flexibility Act

    The Administrator, in accordance with the Regulatory Flexibility 
Act, 5 U.S.C. 601-602, has reviewed this proposed rule and, by 
approving it, certifies that it will not have a significant economic 
impact on a substantial number of small entities.
    On December 12, 2023, DEA published an order to temporarily place 
4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-FUBICA, including 
their salts, isomers (including optical, positional, and geometric 
isomers), and salts of isomers, in schedule I of the CSA pursuant to 
the temporary scheduling provisions of 21 U.S.C. 811(h). DEA estimates 
that all entities handling or planning to handle 4F-MDMB-BUTICA, ADB-
4en-PINACA, 5F-EDMB-PICA, and MMB-FUBICA have already established and 
implemented systems and processes required to handle these substances. 
If finalized, this action would make permanent the existing regulatory 
controls and administrative, civil, and criminal sanctions applicable 
to schedule I controlled substances on persons who handle (manufacture, 
distribute, reverse distribute, dispense, import, export, engage in 
research, conduct instructional activities or chemical analysis with, 
or possess), or propose to handle 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-
EDMB-PICA, and MMB-FUBICA.
    According to HHS, 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and 
MMB-FUBICA have a high potential for abuse, have no currently accepted 
medical use in treatment in the United States, and lacks accepted 
safety for use under medical supervision. There appear to be no 
legitimate sources for 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, 
and MMB-FUBICA as marketed drug in the United States, but DEA notes 
that these substances are available for purchase from legitimate 
suppliers for scientific research. There is no evidence of significant 
diversion of 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, or MMB-
FUBICA from legitimate suppliers. Therefore, DEA has concluded that 
this proposed rule, if finalized, will not have a significant economic 
impact on a substantial number of small entities.
---------------------------------------------------------------------------

    \11\ Executive Office of the President Office of Management and 
Budget, North American Industry Classification System, United 
States, 2022, <a href="https://www.census.gov/naics/reference_files_tools/2022_NAICS_Manual.pdf">https://www.census.gov/naics/reference_files_tools/2022_NAICS_Manual.pdf</a>. (Accessed 9/25/2025).
---------------------------------------------------------------------------

    The entities affected by this proposed rule include the 
manufacturers, distributors, importers, exporters, and researchers of 
4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-FUBICA. DEA 
determines the North American Industry Classification System (NAICS) 
industries that best represent these business activities. Table 1 lists 
the business activities and corresponding NAICS industries.\11\

[[Page 58180]]



                          Table 1--Business Activity and Corresponding NAICS Industries
----------------------------------------------------------------------------------------------------------------
               Business activity                  NAICS code               NAICS industry description
----------------------------------------------------------------------------------------------------------------
Manufacturer..................................          325412  Pharmaceutical Preparation Manufacturing.
Distributor, Importer, Exporter...............          424210  Drugs and Druggists' Sundries Merchant
                                                        424690   Wholesalers. Other Chemical and Allied Products
                                                                 Merchant Wholesalers.
Researcher....................................          541715  Research and Development in Physical,
                                                        611310   Engineering, and Life Sciences (except
                                                                 Nanotechnology and Biotechnology) Colleges,
                                                                 Universities and Professional Schools.
----------------------------------------------------------------------------------------------------------------

    From Statistics of U.S. Businesses (SUSB) data, DEA determined the 
number of firms and small firms for each of the affected industries, 
and by comparing the number of affected small entities to the number of 
small entities for each industry, DEA determined whether a substantial 
number of small entities are affected in any of the industries. Table 2 
lists the number of firms, small firms, and percent small firms in each 
affected industry.

                              Table 2--Percent Affected Small Entities by Industry
----------------------------------------------------------------------------------------------------------------
                                                                                                      Percent of
                                                                                        Small firms     small
            NAICS industry               Firms \12\        SBA size standard \13\           \14\       entities
                                                                                                         (%)
----------------------------------------------------------------------------------------------------------------
325412--Pharmaceutical Preparation            1,179  1,300 employees..................        1,099         93.2
 Manufacturing.
424210--Drugs and Druggists' Sundries         7,012  250 employees....................        6,760         96.4
 Merchant Wholesalers.
424690--Other Chemical and Allied             5,487  175 employees....................        5,197         94.7
 Products Merchant Wholesalers.
541715--Research and Development in          10,042  1,000 employees..................        9,599         95.6
 the Physical, Engineering, and Life
 Sciences (except Nanotechnology and
 Biotechnology).
611310--Colleges, Universities and            2,494  $34.5 million....................        1,515         60.8
 Professional Schools.
----------------------------------------------------------------------------------------------------------------

    Based on the American Chemical Society's SciFinder database,\15\ 
DEA identified 11 entities supplying 4F-MDMB-BUTICA, ADB-4en-PINACA, 
5F-EDMB-PICA, or MMB-FUBICA across the industries 325412, 424210, and 
424690. However, one entity has already registered with DEA to handle 
controlled substances. Hence, DEA expects only 10 of the entities in 
the 325412, 424210, and 424690 industries will be affected by this 
rule. Assuming that all affected suppliers were small entities and 
concentrated in the smallest NAICS industry, 325412--Pharmaceutical 
Preparation Manufacturing, they would account for insubstantial number 
of small entities in that industry, 0.91 percent.\16\
---------------------------------------------------------------------------

    \12\ Statistics of U.S. Businesses, 2022 SUSB Annual Data Tables 
by Establishment Industry, <a href="https://www.census.gov/data/tables/2021/econ/susb/2021-susb-annual.html">https://www.census.gov/data/tables/2021/econ/susb/2021-susb-annual.html</a> (Accessed 9/25/2025).
    \13\ U.S. Small Business Administration, Table of size 
standards, Version March 2023, Effective: March 17, 2023, <a href="https://www.sba.gov/sites/default/files/2023-06/Table%20of%20Size%20Standards_Effective%20March%2017%2C%202023%20%282%29.pdf">https://www.sba.gov/sites/default/files/2023-06/Table%20of%20Size%20Standards_Effective%20March%2017%2C%202023%20%282%29.pdf</a> (Accessed 9/25/2025).
    \14\ Based on the estimated number of firms below the SBA size 
standard for each industry.
    \15\ SciFinder; Chemical Abstracts Service: Columbus, OH; CAS 
2504100-70-1; <a href="https://scifinder.cas.org">https://scifinder.cas.org</a> (accessed September 24, 
2025).
    \16\ 10/1,099 = 0.91%.
---------------------------------------------------------------------------

    Additionally, DEA expects that the number of researchers working 
with 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and/or MMB-FUBICA is 
small, because 4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and MMB-
FUBICA are not approved for medical use and have a substantial 
capability to be a hazard to the health of the user and to the safety 
of the community. Also, DEA believes that the researchers working with 
4F-MDMB-BUTICA, ADB-4en-PINACA, 5F-EDMB-PICA, and/or MMB-FUBICA may 
also work with other controlled substances; hence, these researchers 
are likely already registered with DEA and are qualified to handle 
controlled substances. For these reasons, DEA believes the number of 
affected researchers that are small entities is not a substantial 
number of small entities in 541715 and 611310 industries.
    In summary, the small entities affected by this proposed rule are 
those in 325412--Pharmaceutical Preparation Manufacturing, 424210--
Drugs and Druggists' Sundries Merchant Wholesalers, and 424690--Other 
Chemical and Allied Products Merchant Wholesalers. The affected small 
entities account for less than 0.91 percent of small businesses and are 
not likely to manufacture or carry inventory of 4F-MDMB-BUTICA, ADB-
4en-PINACA, 5F-EDMB-PICA, or MMB-FUBICA. As such, the proposed rule, if 
finalized, is not expected to result in a significant economic impact 
on a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

    In accordance with the Unfunded Mandates Reform Act (UMRA) of 1995, 
2 U.S.C. 1532, DEA has determined and certifies that this action would 
not result in any Federal mandate that may result ``in the expenditure 
by State, local, and Tribal governments, in the aggregate, or by the 
private sector, of $100,000,000 or more (adjusted annually for 
inflation) in any 1 year. . . .'' Therefore, neither a Small Government 
Agency Plan nor any other action is required under UMRA of 1995.

Paperwork Reduction Act of 1995

    This proposed rule would not impose a new collection or modify an 
existing collection of information under the Paperwork Reduction Act of 
1995.\17\ Also, this proposed rule would not impose new or modify 
existing recordkeeping or reporting requirements on State or local 
governments, individuals, businesses, or organizations. However, this 
proposed rule would require compliance with the following existing OMB 
collections: 1117-0003, 1117-0004, 1117-0006, 1117-0008, 1117-0009, 
1117-0010, 1117-0012, 1117-0014, 1117-0021, 1117-0023, 1117-0029, and 
1117-0056. An agency may not conduct or sponsor, and a person is not 
required to respond to a collection of information unless it displays a 
currently valid OMB control number.
---------------------------------------------------------------------------

    \17\ 44 U.S.C. 3501-3521.
---------------------------------------------------------------------------

List of Subjects in 21 CFR Part 1308

    Administrative practice and procedure, Drug traffic control,

[[Page 58181]]

Reporting and recordkeeping requirements.

    For the reasons set out above, DEA proposes to amend 21 CFR part 
1308 as follows:

PART 1308--SCHEDULES OF CONTROLLED SUBSTANCES

0
1. The authority citation for part 1308 continues to read as follows:

    Authority: 21 U.S.C. 811, 812, 871(b), 956(b), unless otherwise 
noted.

0
2. In Sec.  1308.11:
0
a. Add new paragraphs (d)(106-109) to read as follows:
0
b. Remove and reserve paragraphs (h)(63), (64), (66) and (67):


Sec.  1308.11  Schedule I.

* * * * *
    (d) * * *

------------------------------------------------------------------------
 
------------------------------------------------------------------------
 
                              * * * * * * *
(106) Methyl 2-[[1-(4-fluorobutyl)indole-3-carbonyl]amino]-3,3-     7091
 dimethyl-butanoate (other names: 4F-MDMB-BUTICA; 4F-MDMB-BICA)
(107) N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(pent-4-en-1-      7092
 yl)-1H-indazole-3-carboxamide) (other name: ADB-4en-PINACA)...
(108) Ethyl 2-[[1-(5-fluoropentyl)indole-3-carbonyl]amino]-3,3-     7094
 dimethyl-butanoate) (other names: 5F-EDMB-PICA; 5F-EDMB-2201).
(109) Methyl 2-(1-(4-fluorobenzyl)-1H-indole-3-carboxamido)-3-      7095
 methyl butanoate) (other name: MMB-FUBICA)....................
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

Signing Authority

    This document of the Drug Enforcement Administration was signed on 
December 10, 2025, by Administrator Terrance C. Cole. That document 
with the original signature and date is maintained by DEA. For 
administrative purposes only, and in compliance with requirements of 
the Office of the Federal Register, the undersigned DEA Federal 
Register Liaison Officer has been authorized to sign and submit the 
document in electronic format for publication, as an official document 
of DEA. This administrative process in no way alters the legal effect 
of this document upon publication in the Federal Register.

Heather Achbach,
Federal Register Liaison Officer, Drug Enforcement Administration.
[FR Doc. 2025-22963 Filed 12-15-25; 8:45 am]
BILLING CODE 4410-09-P


</pre></body>
</html>
Indexed from Federal Register on December 16, 2025.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.