Notice2026-03914

International Drug Scheduling; Convention on Psychotropic Substances; Single Convention on Narcotic Drugs; Scheduling Recommendations; N-Pyrrolidino Isotonitazene; N-Desethyl Etonitazene; Coca Leaf; MDMB-FUBINACA; Request for Comments

Primary source

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Published
February 27, 2026

Issuing agencies

Health and Human Services DepartmentFood and Drug Administration

Abstract

The Food and Drug Administration (FDA or Agency) is providing interested persons with the opportunity to submit written comments concerning recommendations to impose international manufacturing and distributing restrictions on certain drug substances, under international drug control treaties. The comments received in response to this notice will be considered in preparing the United States' position on these proposals for a meeting of the United Nations Commission on Narcotic Drugs (CND) in Vienna, Austria, in March 9-13, 2026. This notice is issued under the Controlled Substances Act (CSA).

Full Text

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<title>Federal Register, Volume 91 Issue 39 (Friday, February 27, 2026)</title>
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[Federal Register Volume 91, Number 39 (Friday, February 27, 2026)]
[Notices]
[Pages 9865-9870]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03914]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2026-N-1628]


International Drug Scheduling; Convention on Psychotropic 
Substances; Single Convention on Narcotic Drugs; Scheduling 
Recommendations; N-Pyrrolidino Isotonitazene; N-Desethyl Etonitazene; 
Coca Leaf; MDMB-FUBINACA; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; request for comments.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is providing 
interested persons with the opportunity to submit written comments 
concerning recommendations to impose international manufacturing and 
distributing restrictions on certain drug substances, under 
international drug control treaties. The comments received in response 
to this notice will be considered in preparing the United States' 
position on these proposals for a meeting of the United Nations 
Commission on Narcotic Drugs (CND) in Vienna, Austria, in March 9-13, 
2026. This notice is issued under the Controlled Substances Act (CSA).

DATES: Submit either electronic or written comments by March 5, 2026.

ADDRESSES: You may submit comments as follows. Please note that late, 
untimely filed comments will not be considered. Electronic comments 
must be submitted on or before March 5, 2026. The <a href="https://www.regulations.gov">https://www.regulations.gov</a> electronic filing system will accept comments until 
11:59 p.m. Eastern Time at the end of March 5, 2026. Comments received 
by mail/hand delivery/courier (for written/paper submissions) will be 
considered timely if they are received on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
    <bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to <a href="https://www.regulations.gov">https://www.regulations.gov</a> 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
    <bullet> If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
    <bullet> Mail/Hand Delivery/Courier (for written/paper 
submissions): Dockets Management Staff (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
    <bullet> For written/paper comments submitted to the Dockets 
Management Staff, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2026-N-1628 for ``International Drug Scheduling; Convention on 
Psychotropic Substances; Single Convention on Narcotic Drugs; 
Scheduling Recommendations; N-Pyrrolidino isotonitazene; N-Desethyl 
etonitazene; Coca leaf; MDMB-FUBINACA; Request for Comments.'' Received 
comments, those filed in a timely manner (see ), will be placed in the 
docket and, except for those submitted as ``Confidential Submissions,'' 
publicly viewable at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or at the Dockets 
Management Staff between 9 a.m. and 4 p.m., Monday through Friday, 240-
402-7500.
    <bullet> Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 
Submit both copies to the Dockets Management Staff. If you do not wish 
your name and contact information to be made publicly available, you 
can provide this information on the cover sheet and not in the body of 
your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: <a href="https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf">https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf</a>.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and insert the docket number, found in brackets in 
the heading of this document, into the

[[Page 9866]]

``Search'' box and follow the prompts and/or go to the Dockets 
Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, 
240-402-7500.

FOR FURTHER INFORMATION CONTACT: Edward (Greg) Hawkins, Center for Drug 
Evaluation and Research, Controlled Substance Staff, Food and Drug 
Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 5110, Silver 
Spring, MD 20993-0002, 301-796-0727, <a href="/cdn-cgi/l/email-protection#ca8faebdabb8aee4a2abbda1a3a4b98aacaeabe4a2a2b9e4ada5bc"><span class="__cf_email__" data-cfemail="8dc8e9faecffe9a3e5ecfae6e4e3fecdebe9eca3e5e5fea3eae2fb">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    The United States is a party to the 1971 Convention on Psychotropic 
Substances (1971 Convention). Section 201(d)(2)(B) of the CSA (21 
U.S.C. 811(d)(2)(B)) provides that when the United States is notified 
under Article 2 of the 1971 Convention that the CND proposes to decide 
whether to add a drug or other substance to one of the schedules of the 
1971 Convention, transfer a drug or substance from one schedule to 
another, or delete it from the schedules, the Secretary of State must 
transmit notice of such information to the Secretary of Health and 
Human Services (Secretary of HHS). The Secretary of HHS must then 
publish a summary of such information in the Federal Register and 
provide opportunity for interested persons to submit comments. The 
Secretary of HHS must then evaluate the proposal and the comments 
received from interested persons, and furnish a recommendation to the 
Secretary of State that shall be binding on the representative of the 
United States in discussions and negotiations relating to the proposal.
    As detailed in the following paragraphs, the Secretary of State has 
received notification from the Secretary-General of the United Nations 
(the Secretary-General) regarding one substance to be considered for 
control under the 1971 Convention. Section 201(d)(2)(B) of the CSA 
requires the Secretary of HHS, after receiving a notification proposing 
scheduling, to publish a notice in the Federal Register to provide the 
opportunity for interested persons to submit information and comments 
on the proposed scheduling action.
    The United States is also a party to the 1961 Single Convention on 
Narcotic Drugs (1961 Convention). The Secretary of State has received a 
notification from the Secretary-General regarding three substances to 
be considered for control under this convention. The CSA does not 
require HHS to publish a summary of such information in the Federal 
Register. Nevertheless, to provide interested and affected persons an 
opportunity to submit comments regarding the recommendations for drugs 
under the 1961 Convention, the notification regarding these substances 
is also included in this Federal Register notice. The comments will be 
shared with other relevant Agencies to assist the Secretary of State in 
formulating the position of the United States on the control of these 
substances. The HHS recommendations are not binding on the 
representative of the United States in discussions and negotiations 
relating to the proposal regarding control of substances under the 1961 
Convention.

II. United Nations Notification

    The United Nations identified the drug substances and explains the 
basis for the scheduling recommendations as follows:

Substances Recommended To Be Added to Schedule I of the Single 
Convention (1961)

--N-Pyrrolidino isotonitazene
    IUPAC name: 5-Nitro-2-[4-(2-propoxy)benzyl]-1-[2-pyrrolidin-1-
yl]-1H-benzo[d]imidazole
    Alternate names: Isotonitazepyne
--N-Desethyl etonitazene
    IUPAC name: 2-[(4-Ethoxyphenyl)methyl]-N-ethyl-5-nitro-1H-
benzimidazole-1-ethanamine

Substance Recommended To Be Retained in Schedule I of the Single 
Convention (1961)

--Coca leaf
    IUPAC name: n/a

Substance Recommended To Be Added to Schedule II of the 
Psychotropic Convention (1971)

--MDMB-FUBINACA
    UPAC name: Methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-
carboxamido)-3,3-dimethylbutanoate

Additional Information Regarding Substances To Be Added to Schedule 
I of the Single Convention on Narcotic Drugs (1961)

N-Pyrrolidino Isotonitazene

Substance Identification

    N-Pyrrolidino isotonitazene (IUPAC name: 5-nitro-2-(4-(2-
propoxy)benzyl]-1-[2-(pyrrolidin-1-yl)ethyl]lH-benzo[d] imidazole, 
also known as isotonitazepyne) is a 5-nitro-2-benzylbenzimidazole 
synthetic opioid.
    N-Pyrrolidino isotonitazene has been described as a crystalline 
solid and has also been detected in falsified pharmaceuticals, 
appearing as coloured tablets.

Review History

    N-Pyrrolidino isotonitazene has not previously been reviewed and 
is not currently under international control. Information was 
brought to the review committees' the attention that the substance 
is manufactured clandestinely, poses a risk to public health and has 
no recognized therapeutic use.

Similarity to Known Substances and Effects on the Central Nervous 
System

    The chemical structure and pharmacological effects of N-
pyrrolidino isotonitazene closely resemble those of N-pyrrolidino 
protonitazene, which is controlled under Schedule I of the Single 
Convention on Narcotic Drugs of 1961.
    Studies in animals have demonstrated that N-pyrrolidino 
isotonitazene is a full agonist at [mu]-opioid receptors, with 
greater potency than morphine and fentanyl. Its effects are blocked 
by the opioid antagonist, naltrexone.

Convertibility Into Controlled Substances

    It is not known whether N-pyrrolidino isotonitazene can be 
converted into a controlled substance.

Dependence Potential

    No controlled studies of the dependence potential N-pyrrolidino 
isotonitazene in animals or humans have been reported. As it is a 
potent [mu]-opioid receptor agonist, it would be expected to produce 
dependence similar to that of other opioids, such as morphine and 
fentanyl.

Actual Abuse and/or Evidence of Likelihood of Abuse

    In animals, N-pyrrolidino isotonitazene had effects suggestive 
of an abuse potential similar to that of morphine and fentanyl. Its 
potency was greater than that of morphine and fentanyl. These 
effects were blocked by the opioid antagonist naltrexone. Euphoria 
and self-management of opioid withdrawal have been described by 
people who report its use.

Other Health Harms

    The presence of N-pyrrolidino isotonitazene has been reported in 
many countries in many regions, although the extent of use is 
unknown. N-Pyrrolidino isotonitazene has been analytically confirmed 
in fatal and non-fatal cases of overdose, including in cases in 
which it was the only substance detected.
    Detection of N-pyrrolidino isotonitazene in falsified 
pharmaceutical drugs in many countries and regions indicates a risk 
of unintentional use and harm.

Therapeutic Usefulness

    N-Pyrrolidino isotonitazene is not known to have any therapeutic 
use.

Recommendation

    N-Pyrrolidino isotonitazene, also referred to as 
isotonitazepyne, is a synthetic opioid that is liable to abuse and 
produces effects similar to those of other opioids that are 
controlled under Schedule I of the 1961 Single Convention on 
Narcotic Drugs. Its use causes substantial harm, including death. It 
has no known therapeutic use.
    Recommendation: The Committee recommended that N-pyrrolidino 
isotonitazene, also referred to as isotonitazepyne, be added to 
Schedule I of the 1961 Single Convention on Narcotic Drugs.

N-Desethyl Etonitazene

Substance Identification

    N-Desethyl etonitazene (IUPAC name: 2-[(4-ethoxyphenyl)methyl]-
N-ethyl-5-nitro-lH-

[[Page 9867]]

benzimidazole-1-ethana mine) is a 5-nitro-2-benzylbenzimidazole 
synthetic opioid. N-Desethyl etonitazene has been described as a 
crystalline solid and as a yellow or beige powder. It has been found 
in falsified pharmaceutical opioid tablets.

Review History

    N-Desethyl etonitazene has not previously been reviewed and is 
not currently under international control. Information was brought 
to the attention of the reviewers that the substance is manufactured 
clandestinely, poses a risk to public health and has no recognized 
therapeutic use.

Similarity to Known Substances and Effects on the Central Nervous 
System

    N-Desethyl etonitazene is a metabolite of etonitazene, which is 
controlled under Schedule I of the 1961 Convention on Narcotic 
Drugs.
    Studies of receptor binding indicate that N-desethyl etonitazene 
is a full agonist at [mu]-opioid receptors, with greater potency 
than morphine and fentanyl.

Convertibility Into Controlled Substances

    It is not known whether N-desethyl etonitazene can be converted 
into a controlled substance, although this is theoretically 
possible.

Dependence Potential

    No controlled studies of the dependence potential of N-desethyl 
etonitazene in animals or humans have been reported. As it is a 
potent [mu]-opioid receptor agonist, it would be expected to produce 
dependence similar to that produced by other opioids, such as 
morphine and fentanyl.

Actual Abuse and/or Evidence of Likelihood of Abuse

    The presence of N-desethyl etonitazene has been reported in at 
least 10 countries, although the extent of use is unknown.

Other Health Harms

    At least three deaths have been reported in which N-desethyl 
etonitazene was analytically confirmed, including when no other 
opioids were involved. N-Pyrrolidino etonitazene has also been 
analytically confirmed in non-fatal overdoses. The detection of N-
pyrrolidino etonitazene in falsified pharmaceutical drugs indicates 
a risk of unintentional use and harm.

Therapeutic Usefulness

    N-Desethyl etonitazene is not known to have any therapeutic use.

Recommendation

    N-Desethyl etonitazene is a synthetic opioid that is liable to 
abuse and produces ill effects similar to those produced by other 
opioids that are controlled under Schedule I of the 1961 Single 
Convention on Narcotic Drugs. It could theoretically be converted 
into a controlled substance, although this has not been 
demonstrated. Its use causes substantial harm, including death. It 
has no known therapeutic use.
    Recommendation: The Committee recommended that N-desethyl 
etonitazene be added to Schedule I of the 1961Single Convention on 
Narcotic Drugs.

Substances To Remain in Schedule I of the Single Convention on 
Narcotic Drugs (1961)

Coca Leaf

Substance Identification

    Coca leaf is defined in the 1961 United Nations Single 
Convention on Narcotic Drugs as the leaf of the coca bush, except 
when all ecgonine, cocaine and any other ecgonine alkaloid have been 
removed. ``Coca bush'' refers to the plant of any species of the 
genus Erythroxylon. ``Coca leaf preparations'' refer to mixtures or 
products containing the coca leaf (in whole or in part). This 
excludes isolated alkaloids such as cocaine and ecgonine, which are 
controlled separately under the Convention.
    More than 250 Erythroxylum species exist, including four primary 
cultivated varieties. Coca leaf cultivation is most prevalent at 
high altitudes in the Andean region and in the Amazon basin but is 
increasingly being reported in other parts of the Region of the 
Americas. Coca leaf is cultivated from plants grown from seeds or 
cuttings. Plants can produce leaves for 20-30 years.
    Coca leaves are similar in appearance to those of Laurus 
nobilis, the most common characteristic trait in all species being a 
darker color on the upper than on the underside of the leaf and two 
lines parallel to the midrib of the leaf.
    Coca leaf preparations are marketed as branded products. They 
include teas, nutritional supplements, and essential oil. Coca 
leaves can be pulverized finely into a greenish powder.
    Coca leaf products are traditionally administered by two primary 
routes: chewing and infusion. Chewing of coca leaves is widespread 
and culturally accepted in the Andean highlands. The process 
involves placing a wad of dried leaves in the buccal cavity, either 
alone or with an alkaline substance such as lime or sodium 
bicarbonate to enhance extraction of alkaloids into the oral mucosa. 
Coca leaves are also infused in water and consumed as tea. Coca leaf 
flour (finely ground coca leaves) can be used to make a strong tea 
and is sold as a nutritional supplement.

Review History

    Coca-leaf chewing was discussed at the 3rd (1952) and 4th (1954) 
meetings of the Expert Committee on Drugs Liable to Produce 
Addiction, which concluded that it was a form of addiction. Coca 
leaf was subsequently placed under Schedule I of the 1961 Single 
Convention on Narcotic Drugs.
    In 1992, a pre-review of coca leaf was conducted and the 
reviewers considered that coca leaf was appropriately scheduled 
under the 1961 Convention, as cocaine is readily extractable from 
the leaf.
    In 2023, an official request from a Member State for a critical 
review of coca leaf. A critical review was initiated, for conclusion 
in 2025.

Similarity to Known Substances and Effects on the Central Nervous 
System

    Coca leaf contains a mix of alkaloids, flavonoids, terpenes, 
tannins, and phenols. Cocaine and ecgonine are naturally occurring 
alkaloids of note in the coca leaf. The total alkaloid content is 
0.5-2.4%, depending on the species, growth environment, and stage of 
leaf development. Cocaine, one alkaloid in the leaf, is produced in 
significant amounts in cultivated varieties of the Erythroxylum 
species, whereas wild species contain either none or only small 
quantities of this alkaloid. When present, the cocaine content of 
cultivated species varies among regions from 0.11% to 1.02% of the 
weight of dried coca leaf. Absorption of alkaloids from coca leaf 
depends on the route of administration, the quantity of leaves used, 
the type of alkali added, and if masticated, the duration of 
mastication. The plasma concentrations of cocaine resulting from 
coca leaf chewing or ingestion may overlap with plasma 
concentrations of cocaine resulting from cocaine use by inhalation 
or injection.
    It has been demonstrated in animal models that coca leaf 
alkaloids affect the central nervous system, including decreasing 
food intake. Some coca leaf extracts increase locomotor activity, 
while others do not. The stimulant effects of coca leaf in animal 
models may be due to inhibition of monoamine re-uptake. Local 
anesthetic effects have also been observed in animal models.
    People who chew coca leaf report mild psychostimulant effects, 
including euphoria, and have described it as an ``energizer''. 
Increased heart rate and blood pressure and vasoconstriction have 
also been reported. Analgesic effects of high-dose coca leaf 
preparations have been attributed to a local anesthetic effect.

Convertibility Into Controlled Substances

    Coca leaf contains cocaine, a naturally occurring alkaloid that 
can be processed to obtain coca paste. Coca paste is filtered and 
dried to obtain cocaine base, which is further processed to obtain 
cocaine hydrochloride. By chemical definition, the manufacture of 
cocaine from coca leaf is an extraction; however, the reference in 
the Guidance document for the understanding of this term reads as 
follows:
    A substance is convertible if it is of such a kind as to make 
it, by the ease of the process and by the yield, practicable and 
profitable for a clandestine manufacturer to transform the substance 
in question into controlled drugs.
    Obtaining coca paste from coca leaf and purification of 
different forms of cocaine from coca paste are straightforward and 
do not require special expertise or equipment. Except for kerosene, 
the chemicals and reagents used in these processes are listed in the 
United Nations Convention against Illicit Traffic in Narcotic Drugs 
and Psychotropic Substances of 1988.
    Most coca leaf is used for clandestine manufacture of cocaine in 
at least some countries. It is estimated that 1 ha of coca bush 
cultivation produces approximately 4.2 tons of fresh coca leaves per 
year; 1 ton of fresh leaves produces approximately 1.5 kg of coca 
paste or 1.4 kg of cocaine base; 1 kg of cocaine base results in 
roughly 0.9 kg of cocaine hydrochloride, which typically contains 
about 85% pure cocaine. Cocaine production has increased 
significantly in several countries, in parallel with increased coca 
bush cultivation. Some countries have reported historically high 
levels in recent

[[Page 9868]]

years. Globally, a 34% increase in cocaine production was reported 
in 2023 over the previous year.
    The 1961 Convention lists both coca leaf and cocaine as 
controlled substances under Schedule 1. Accordingly, as coca leaf is 
used to manufacture cocaine, one controlled substance (cocaine) is 
made from another (coca leaf), thereby meeting the Convention's 
criterion for convertibility.

Dependence Potential

    No controlled studies in animal models of the dependence 
potential of coca leaf were identified.
    A few studies in humans assessed development of a dependence 
syndrome with coca leaf. Older ethnographic studies did not describe 
tolerance, withdrawal symptoms, or compulsive patterns of use; 
however, a recent epidemiological study of more than 1300 people who 
chewed coca leaf found that 2.3% of those who reported ever chewing 
coca leaf met the ICD-10 criterion for dependence.
    People who met the criterion had a lower quality of life than 
people who did not. Two countries in different geographical regions 
reported presentations for drug dependence treatment related to coca 
leaf use. No studies were available that provided robust evidence to 
determine the prevalence of coca leaf dependence.

Actual Abuse and/or Evidence of Likelihood of Abuse

    In a model of drug discrimination in animals, high-dose 
preparations of coca leaf produced effects that closely resembled 
those of cocaine.
    Many countries in various regions have reported nonmedical use 
of coca leaf and increasing numbers of seizures of coca leaf.

Other Health Harms

    Few high-quality data are available on the acute toxicity 
associated with coca leaf. No fatal overdoses have been documented 
after traditional use of coca leaf, although coca leaf may not 
readily be differentiated from cocaine in biological samples from 
such cases.
    Reported adverse effects of chewing coca leaf appear to be 
limited. They include oral problems (including risk of oral 
carcinoma) and cardiovascular, intestinal, hormonal, and 
neurological issues.

Therapeutic Usefulness

    The potential therapeutic effects of various Erythroxylum 
species have been investigated in vitro and in animal models. Recent 
investigations have been conducted of its antioxidant, antibiotic, 
anticancer, antihypertensive, antidiabetic, and neuroprotective 
effects. For example, some Erythroxylum species may have anticancer 
effects, comparable to those of standard chemotherapy agents in some 
cases; however, the activity varies with different extracts and cell 
lines. Similarly, studies in vitro and in vivo show variable but 
sometimes strong antioxidant and anti-inflammatory effects. In 
humans, use of E. coca by chewing and drinking tea reduced post-meal 
glucose in people with no underlying metabolic disorder. Overall, 
studies in animals and humans suggest that coca leaf may have some 
therapeutic applications, although the evidence is limited.
    Traditional use of coca leaf in Andean regions includes chewing 
and infusion to increase energy and prevent altitude sickness, 
although evidence of its usefulness for treating altitude sickness 
is mixed. Its use as a nutritional supplement is limited by its 
cocaine content. Use of coca leaf for the manufacture of 
pharmaceutical and industrial products has decreased with time. In a 
few countries, preparations of coca leaf are used as traditional 
herbal medicines. Use of coca leaf is permitted under national 
legislation in some countries when practiced within traditional or 
cultural contexts.

Recommendation

    The Expert Committee, when deciding whether to recommend 
international control, decides whether a substance: ``{l) is liable 
to similar abuse and productive of similar ill-effects as the 
substances in Schedule I or Schedule II; or (2) is convertible into 
a substance already in Schedule I or Schedule II.'' The reference in 
the Guidance document for the understanding of this term reads as 
follows:
    A substance is convertible if it is of such a kind as to make 
it, by the ease of the process and by the yield, practicable and 
profitable for a clandestine manufacturer to transform the substance 
in question into controlled drugs.
    In the 1961 Single Convention on Narcotic Drugs, coca leaf is 
defined as the leaf of the coca bush, except when all ecgonine, 
cocaine, and any other ecgonine alkaloids have been removed. Coca 
leaf and cocaine are classified as distinct substances under 
Schedule I of the 1961 Single Convention. The simplicity of 
extracting cocaine from coca leaf and its high yield and 
profitability are well known.
    Accordingly, conversion of coca leaf into cocaine constitutes 
production of one substance (cocaine) in Schedule I from another 
substance in Schedule I (coca leaf), thereby meeting the 
Convention's criterion for convertibility. The Committee also 
reviewed evidence of a marked increase in coca leaf cultivation and 
in the production of cocaine-related substances, in the context of 
significant, increasing public health concern about cocaine use. In 
that context, the Committee considered that reducing or removing 
existing international controls on coca leaf could pose an 
especially serious risk to public health.
    The evidence presented in the critical review and other 
information considered by the Committee indicate that traditional 
coca leaf use by chewing or in tea does not appear to pose a 
particularly serious public health risk, although the safety of 
long-term use is not well documented. In addition, it was recognized 
that coca leaf has an important cultural and therapeutic 
significance for Indigenous peoples and other communities and that 
there are exemptions for traditional use of coca leaf in certain 
national frameworks. Emerging research may support the therapeutic 
applications of coca leaf; however, the current body of evidence 
does not provide a robust basis for such use.
    Recommendation: The Committee recommended that coca leaf be 
retained in Schedule I of the 1961 Single Convention on Narcotic 
Drugs.

Substances To Be Added to Schedule IV of the Psychotropic 
Convention (1971)

MDMB-FUBINACA

Substance Identification

    MDMB-FUBINACA {IUPAC name: Methyl 2-{[1-{4-
fluorobenzyl)indazole-3-carbonyl]amino{time} -3,3-dimethylbutanoate) 
is a synthetic cannabinoid with a stereogenic centre (C2), which can 
exist as two stereoisomers (enantiomers): methyl (25)-2-{[1-(4-
fluorobenzyl)indazole-3-carbonyl]amino{time} -3,3-dimethylbutanoate 
and methyl (2R)-2-{[1-{ 4-fluorobenzyl)i ndazole-3-
carbonyl]amino{time} -3,3-dimethylbutanoate.
    MDMB-FUBINACA has been described as a powder (usually white) and 
has been found sprayed onto herbal products. It is often marketed as 
dried leaves or powder and sold in e-liquids for vaping.

Review History

    MDMB-FUBINACA has not previously been reviewed and is not 
currently under international control. Information was brought to 
the reviewers attention that this substance is manufactured 
clandestinely, poses a risk to public health and has no recognized 
therapeutic use.

Similarity to Known Substances and Effects on the Central Nervous 
System

    MDMB-FUBINACA is a synthetic cannabinoid that binds to CBl and 
CB2 receptors with high affinity and is a potent full agonist at 
both receptors. Its effects are similar to those of other potent CBl 
agonists that are currently controlled under Schedule II of the 
Convention on Psychotropic Substances of 1971. No controlled studies 
of the effects of MDMB-FUBINACA have been reported. In animals, it 
has been shown to produce behavioral effects consistent with delta-
9-THC, with the effects lasting many hours. In humans, it produces 
symptoms typical of high doses of cannabinoids, including agitation 
or sedation, vomiting, short-term memory loss, salivation, 
rhinorrhoea, mydriasis, tachycardia and anxiety.

Convertibility Into Controlled Substances

    MDMB-FUBINACA can be chemically modified to produce structurally 
related synthetic cannabinoids such as ADB-FUBINACA. The yields and 
prevalence of such conversions are, however, uncertain.

Dependence Potential

    No studies of the dependence potential of MDMB-FUBINACA in 
animals or humans have been reported. Its effects at CB1 receptors 
suggest that it would produce dependence similar to that produced by 
delta-9-THC and other synthetic cannabinoid receptor agonists. 
Countries in two regions reported presentations for treatment of 
drug dependence due to the use of MDMB-FUBINACA.
    Actual abuse and/or evidence of likelihood of abuse:
    In an animal model predictive of abuse potential, MDMB-FUBINACA 
had effects

[[Page 9869]]

similar to delta-9-THC. No studies have been conducted to determine 
the likelihood of abuse of MDMB-FUBINACA in humans.

Other Health Harms

    MDMB-FUBINACA use has been associated with mortality and 
morbidity in several countries, including a large number of non-
fatal poisonings. Documented adverse effects include agitation or 
sedation, vomiting, short-term memory loss, salivation, rhinorrhoea, 
mydriasis, tachycardia and anxiety, similar to those seen with 
delta-9-THC and other synthetic cannabinoid receptor agonists. The 
increased detection of MDMB-FUBINACA has been linked to emergence of 
a simplified one-step synthesis method, which requires readily 
available precursor chemicals.

Therapeutic Usefulness

    MDMB-FUBINACA is not known to have any therapeutic use.

Recommendation

    MDMB-FUBINACA is a synthetic cannabinoid receptor agonist 
administered by smoking plant material sprayed with the substance or 
inhaling vapor after heating. Its mode of action suggests the 
potential for dependence and the likelihood of abuse. Its use has 
been associated with a range of severe adverse effects, including 
death. These effects are similar to those produced by other 
synthetic cannabinoids that are placed in Schedule II of the 
Convention on Psychotropic Substances of 1971.
    MDMB-FUBINACA has no therapeutic use.
    Recommendation: The Committee recommended that MDMB-FUBINACA be 
added to Schedule II of the Convention on Psychotropic Substances of 
1971.

III. Discussion

    Although specific scheduling recommendations for each of the drug 
substances have been made, the CND is not obliged to follow those 
recommendations. Options available to the CND for substances considered 
for control under the 1971 Convention include the following: (1) accept 
the recommendations; (2) accept the recommendations to control but 
control the drug substance in a schedule other than that recommended; 
or (3) reject the recommendations entirely.
    N-Pyrrolidino isotonitazene (isotonitazepyne) is a synthetic opioid 
of the benzimidazole class that is similar in structure to 
isotonitazene. In vitro binding and activity data indicate that 
isotonitazepyne is approximately 10-fold more potent at the mu opioid 
receptor than fentanyl. Isotonitazepyne has been detected in several 
toxicology cases in the United States, Europe, and Australia. Common 
adverse events of opioid agonists include nausea, vomiting, 
constipation, pruritus, dizziness, sedation, and respiratory 
depression, where significant respiratory depression can lead to death. 
Based on in vitro pharmacology and case reports, substances in the 
nitazepyne class are expected to produce euphoria and have a high 
potential for abuse and physical dependence. Repeated non-medical use 
would likely result in tolerance, physical dependence, and withdrawal 
effects consistent with other potent opioids. There are no commercial 
uses or approved medical uses for isotonitazepyne in the United States. 
Isotonitazepyne is controlled in Schedule I under the CSA and will not 
require additional permanent controls domestically if it is placed in 
Schedule I of the 1961 Single Convention.
    N-Desethyl etonitazene is a synthetic opioid of the nitazene class 
that is similar in structure to etonitazene. In vitro binding and 
activity data indicate that N-desethyl etonitazene is approximately 10-
fold more potent at the mu opioid receptor than fentanyl. In animal 
behavior studies it produced subjective effects that were 
indistinguishable from morphine. As a result, it is assumed that 
metonitazepyne will have an abuse potential similar to that of other 
opioid agonists and produce adverse events that include nausea, 
vomiting, constipation, pruritus, dizziness, sedation, and respiratory 
depression, where significant respiratory depression can lead to death. 
In the United States, N-Desethyl etonitazene was detected in 2 
toxicology cases; however, other NPS or other drugs of abuse were 
detected in these individuals and could have been a contributing factor 
to the fatality. According to the NFLIS database, N-Desethyl 
etonitazene was first detected in 2023, and there have been seven 
confirmed law enforcement seizures to date. There are no commercial 
uses or approved medical uses for N-Desethyl etonitazene in the United 
States. N-Desethyl etonitazene is controlled in Schedule I under the 
CSA and will not require additional permanent controls domestically if 
it is placed in Schedule I of the 1961 Single Convention.
    Coca leaf is defined by the 1961 United Nations Single Convention 
on Narcotic Drugs as the leaf of the coca bush, except when all 
ecgonine, cocaine, and any other ecgonine alkaloids have been removed. 
Coca leaf is consumed through two primary mechanisms (1) direct chewing 
of the leaves, which also involves placing the leaves in the buccal 
cavity, and (2) extraction of the alkaloids for oral consumption as 
through a tea. The coca leaf contains several substances; alkaloids, 
flavonoids, terpenes, and phenols, several of which either are, or can 
be easily converted, into substances with known abuse potential and 
physical dependence. People who chew coca leaves have reported 
psychostimulant effects such as euphoria and increased energy. The coca 
leaf contains cocaine, a known stimulant with a high potential for 
abuse. The coca leaf is used to clandestinely manufacture cocaine which 
is illicitly distributed throughout the world. In the U.S., federal law 
enforcement reported seizing more than 91,600 kg of cocaine in the 
first half of 2025 alone. According to the National Survey on Drug Use 
and Health, approximately 470,000 U.S. residents age 12 or older 
reported past-year use of cocaine in 2023, with the National Center for 
Health Statistics reporting 29,918 overdose deaths involving cocaine in 
the same year. Cocaine is approved as a nasal and topical analgesic in 
the U.S., and is controlled in schedule II under the CSA. Coca leaf 
(leaves), which contains cocaine, is also controlled in Schedule II 
under the CSA. Domestic scheduling actions on the coca leaf will not be 
necessary regardless of the outcome of the vote for coca leaf to remain 
in Schedule I of the 1961 Convention.
    MDMB-FUBINACA is a semi-synthetic cannabinoid which functions as an 
agonist of the cannabinoid 1 (CB1) receptor. MDMB-FUBINACA is reported 
to produce similar effects as tetrahydrocannabinol (THC) after smoking 
or oral administration. In animals, MDMB-FUBINACA produced suppression 
of locomotor activity, analgesia, hypothermia, and ring mobility 
similar to delta-9-THC. MDMB-FUBINACA also fully substituted for the 
effects of THC in a drug discrimination study. It was first identified 
in law enforcement seizures in the U.S. in 2017 and has since been 
identified in 824 drug seizures. There are no commercial or approved 
medical uses for MDMB-FUBINACA. MDMB-FUBINACA is controlled in Schedule 
I under the CSA and will not require additional permanent controls 
domestically if it is placed in Schedule II of the 1971 Psychotropic 
Convention.
    FDA, on behalf of the Secretary of HHS, invites interested persons 
to submit comments on the recommendations from the United Nations 
concerning these drug substances. FDA, in cooperation with the National 
Institute on Drug Abuse, will consider the comments on behalf of HHS in 
evaluating the scheduling recommendations. Then, under section 
201(d)(2)(B) of the CSA, HHS will recommend to the Secretary of State 
what position the United States should take when voting on the 
recommendations for control of

[[Page 9870]]

substances under the 1971 Convention at the CND meeting in March 2025.
    Comments regarding the recommendations for control of N-pyrrolidino 
isotonitazene, N-desethyl etonitazene, and coca leaf under the 1961 
Single Convention will also be forwarded to the relevant Agencies for 
consideration in developing the U.S. position regarding narcotic 
substances at the CND meeting.

Grace R. Graham,
Deputy Commissioner for Policy, Legislation, and International Affairs.
[FR Doc. 2026-03914 Filed 2-26-26; 8:45 am]
BILLING CODE 4164-01-P


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Indexed from Federal Register on February 27, 2026.

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.