Rule2026-09566
Schedules of Controlled Substances: Placement of CUMYL-PEGACLONE in Schedule I
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 13, 2026
Effective
May 13, 2026
Issuing agencies
Justice DepartmentDrug Enforcement Administration
Abstract
With the issuance of this final rule, the Drug Enforcement Administration places 5-pentyl-2-(2-phenylpropan-2-yl)pyrido[4,3- b]indol-1-one (other names: CUMYL-PEGACLONE; SGT-151), including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible, in schedule I of the Controlled Substances Act. This action is being taken, in part, to enable the United States to meet its obligations under the 1971 Convention on Psychotropic Substances. This action imposes 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 CUMYL-PEGACLONE.
Full Text
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<title>Federal Register, Volume 91 Issue 92 (Wednesday, May 13, 2026)</title>
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[Federal Register Volume 91, Number 92 (Wednesday, May 13, 2026)]
[Rules and Regulations]
[Pages 26913-26917]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09566]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1308
[Docket No. DEA-1511]
Schedules of Controlled Substances: Placement of CUMYL-PEGACLONE
in Schedule I
AGENCY: Drug Enforcement Administration, Department of Justice.
ACTION: Final rule.
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SUMMARY: With the issuance of this final rule, the Drug Enforcement
Administration places 5-pentyl-2-(2-phenylpropan-2-yl)pyrido[4,3-
b]indol-1-one (other names: CUMYL-PEGACLONE; SGT-151), including its
salts, isomers, and salts of isomers whenever the existence of such
salts, isomers, and salts of isomers is possible, in schedule I of the
Controlled Substances Act. This action is being taken, in part, to
enable the United States to meet its obligations under the 1971
Convention on Psychotropic Substances. This action imposes 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 CUMYL-PEGACLONE.
DATES: Effective date: May 13, 2026.
FOR FURTHER INFORMATION CONTACT: Dr. Terrence L. Boos, Drug and
Chemical Evaluation Section, Diversion Control Division, Drug
Enforcement Administration; Telephone: (571) 362-3249.
SUPPLEMENTARY INFORMATION: In this final rule, the Drug Enforcement
Administration (DEA) permanently places CUMYL-PEGACLONE and its salts,
isomers, and salts of isomers, whenever the existence of such salts,
isomers, and salts of isomers is possible within the specific chemical
designation, in schedule I of the Controlled Substances Act (CSA).
Legal Authority
The United States is a party to the 1971 United Nations Convention
on Psychotropic Substances (1971 Convention), Feb. 21, 1971, 32 U.S.T.
543, 1019 U.N.T.S. 175, as amended. Procedures respecting changes in
drug schedules under the 1971 Convention are governed domestically by
21 U.S.C. 811(d)(2)-(4). When the United States receives notification
of a scheduling decision pursuant to Article 2 of the 1971 Convention
indicating that a drug or other substance has been added to a schedule
specified in the notification, the Secretary of Health and Human
Services (Secretary),\1\ after consultation with the Attorney General,
shall first determine whether existing legal controls under subchapter
I of the CSA and the Federal Food, Drug, and Cosmetic Act meet the
requirements of the schedule specified in the notification with respect
to the specific
[[Page 26914]]
drug or substance.\2\ In the event that the Secretary did not consult
with the Attorney General, and the Attorney General did not issue a
temporary order, as provided under 21 U.S.C. 811(d)(4), the procedures
for permanent scheduling set forth in 21 U.S.C. 811(a) and (b) control.
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\1\ As discussed in a memorandum of understanding entered into
by the FDA and the National Institute on Drug Abuse (NIDA), FDA acts
as the lead agency within HHS in carrying out the Secretary's
scheduling responsibilities under the CSA, with the concurrence of
NIDA. 50 FR 9518 (Mar. 8, 1985). The Secretary has delegated to the
Assistant Secretary for Health of HHS the authority to make domestic
drug scheduling recommendations. 58 FR 35460 (July 1, 1993).
\2\ 21 U.S.C. 811(d)(3).
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Pursuant to 21 U.S.C. 811(a)(1) and (2), the Attorney General (as
delegated to the Administrator of the DEA pursuant to 28 CFR 0.100)
may, by rule, and upon the recommendation of the Secretary, add to such
a schedule or transfer between such schedules any drug or other
substance, if she finds that such drug or other substance has a
potential for abuse, and makes with respect to such drug or other
substance the findings prescribed by 21 U.S.C. 812(b) for the schedule
in which such drug or other substance is to be placed.
Background
The neurochemical effects of CUMYL-PEGACLONE occur primarily
through cannabinoid receptor systems in the brain. CUMYL-PEGACLONE
binds to cannabinoid subtype 1 (CB1) receptors, functions as a full
agonist, and has a binding affinity and functional activity profile
that is similar to that of other schedule I cannabinoids, including
[Delta]9-THC, JWH-018, XLR11, and AKB-48. On June 10, 2021, the
Secretary-General of the United Nations advised the Secretary of State
of the United States that the Commission on Narcotic Drugs voted to
place CUMYL-PEGACLONE in Schedule II of the 1971 Convention during its
64th Session held on April 14, 2021.
As a signatory to this international treaty, the United States is
required, by scheduling under the CSA, to place appropriate controls on
CUMYL-PEGACLONE to meet the minimum requirements of the treaty. Because
the procedures in 21 U.S.C. 811(d)(3) and (4) for consultation and
issuance of a temporary order, discussed in the above legal authority
section, were not followed for CUMYL-PEGACLONE, DEA is utilizing the
procedures for permanent scheduling set forth in 21 U.S.C. 811(a) and
(b) to control CUMYL-PEGACLONE. Such scheduling would satisfy the
United States' international obligations.
To meet the minimum requirements of this treaty and to confront
this emerging substance, DEA published an order in the Federal Register
on December 12, 2023, temporarily placing CUMYL-PEGACLONE in schedule I
of the CSA based upon a finding that this substance poses an imminent
hazard to the public safety under 21 U.S.C. 811(h)(1).\3\ That
temporary order was effective upon the date of publication. On December
11, 2025, DEA published a temporary scheduling order to extend the
temporary schedule I status of CUMYL-PEGACLONE for one year, or until
the permanent scheduling action for this substance is completed,
whichever occurs first.\4\
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\3\ 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).
\4\ Schedules of Controlled Substances: Extension of Temporary
Placement of CUMYL-PEGACLONE in Schedule I of the Controlled
Substances Act, 90 FR 57542 (Dec. 11, 2025).
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DEA and HHS Eight-Factor Analyses
In a letter dated December 11, 2024, in accordance with 21 U.S.C.
811(b), and in response to DEA's June 12, 2023 request, the Department
of Health and Human Services (HHS) provided to DEA a scientific and
medical evaluation and scheduling recommendation for CUMYL-PEGACLONE.
DEA reviewed the scientific and medical evaluation and scheduling
recommendation for schedule I placement provided by HHS, and all other
relevant data, pursuant to 21 U.S.C. 811(b) and (c), and conducted its
own analysis under the eight factors stipulated in 21 U.S.C. 811(c).
DEA found, under 21 U.S.C. 811(b)(1), that CUMYL-PEGACLONE warrants
control in schedule I. Both the DEA and HHS's Eight-Factor Analyses are
available in their entirety under the tab Supporting Documents of the
public docket for this action at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under
docket number DEA-1356.
Notice of Proposed Rulemaking To Schedule CUMYL-PEGACLONE
On December 11, 2025, DEA published a notice of proposed rulemaking
(NPRM) to permanently control CUMYL-PEGACLONE in schedule I.\5\
Specifically, DEA proposed to add CUMYL-PEGACLONE to the list of
hallucinogenic substances under 21 CFR 1308.11(d). The NPRM provided an
opportunity for interested persons to file a request for hearing in
accordance with DEA regulations on or before January 12, 2026. DEA did
not receive any requests for a hearing. The NPRM also provided an
opportunity for interested persons to submit comments on or before
January 12, 2026.
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\5\ Schedules of Controlled Substances: Placement of CUMYL-
PEGACLONE in Schedule I, 90 FR 57534 (Dec. 11, 2025).
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Comments Received
DEA received one comment in response to the NPRM in support of the
rulemaking for the placement of CUMYL-PEGACLONE into schedule I of the
CSA.
Comment in support of the rulemaking: One comment was in support of
the rulemaking. The response specifically noted the serious adverse
effects following the ingestion of CUMYL-PEGACLONE and described how
this rule will help to decrease the availability of CUMYL-PEGACLONE to
the general public to decrease dependence and addiction to this
substance.
DEA Response: DEA appreciates the comment in support of this
rulemaking.
Scheduling Conclusion
After consideration of the public comment, scientific and medical
evaluation and accompanying scheduling recommendation from HHS, and
after its own eight-factor evaluation, DEA finds that these facts and
all relevant data constitute substantial evidence of potential for
abuse of CUMYL-PEGACLONE. As such, DEA is permanently scheduling CUMYL-
PEGACLONE as a controlled substance under schedule I of the CSA. The
permanent scheduling of CUMYL-PEGACLONE fulfills the United States'
obligations as a party to the 1971 Convention.
Determination of Appropriate Schedule
The CSA establishes five schedules of controlled substances known
as schedules I, II, II, IV, and V. The CSA also specifies the findings
requires to place a drug or other substance in any particular schedule,
21 U.S.C. 812(b). After consideration of the analysis and
recommendation of the then Assistant Secretary for Health of HHS and
review of all other available data, the Administrator of DEA, pursuant
to 21 U.S.C. 812(b)(1), finds that:
(1) CUMYL-PEGACLONE has a high potential for abuse that is
comparable to other scheduled synthetic cannabinoids, such as JWH-018,
XLR11, and ABKB-48. In vitro studies demonstrate that CUMYL-PEGACLONE
binds to CB1 receptors and functions as a full agonist. In drug
discrimination studies conducted in animals to evaluate its
discriminative stimulus effects, CUMYL-PEGACLONE was shown to fully
substitute for the discriminative stimulus effects produced by delta 9-
THC. The ingestion of CUMYL-PEGACLONE has been documented to result in
serious adverse effects including seizures, sudden collapse of the
user, and death.
(2) CUMYL-PEGACLONE has no currently accepted medical use in
treatment in the United States. In HHS's
[[Page 26915]]
2024 recommendation to control CUMYL-PEGACLONE, it was noted there are
no approved New Drug Applications for CUMYL-PEGACLONE and no known
therapeutic applications for CUMYL-PEGACLONE in the United States. DEA
is not aware of any other evidence suggesting that CUMYL-PEGACLONE has
a currently accepted medical use in treatment in the United States.\6\
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\6\ To place a drug or other substance in schedule I under the
CSA, DEA must consider whether the substance has a currently
accepted medical use in treatment in the United States. 21 U.S.C.
812(b)(1)(B). 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 that has not been
approved by the FDA: (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 final rule, there is no evidence that health care
providers have widespread experience with medical use of CUMYL-
PEGACLONE, or that the use of CUMYL-PEGACLONE is recognized by
entities that regulate the practice of medicine, so the two-part
test also is not satisfied.
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(3) There is a lack of accepted safety for use of CUMYL-PEGACLONE
under medical supervision. Because CUMYL-PEGACLONE has no approved
medical use and has not been investigated as a new drug, its safety for
use under medical supervision has not been determined.
Based on these findings, the Administrator of DEA concludes that
CUMYL-PEGACLONE, as well as its salts, isomers, and salts of isomers
whenever the existence of such salts, isomers, and salts of isomers is
possible, warrants control in schedule I of the CSA.
Requirements for Handling CUMYL-PEGACLONE
CUMYL-PEGACLONE is subject to the CSA's schedule I regulatory
controls and administrative, civil, and criminal sanctions applicable
to the manufacture, distribution, reverse distribution, import, export,
engagement in research, conduct instructional activities or chemical
analysis with, and possession of schedule I controlled substances,
including the following:
1. Registration. Any person who handles (manufactures, distributes,
reverse distributes, imports, exports, engages in research, or conducts
instructional activities or chemical analysis with, or possesses), or
who desires to handle, CUMYL-PEGACLONE must register 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.
Any person who currently handles CUMYL-PEGACLONE and is not
registered with DEA to conduct research with a schedule I controlled
substance must submit an application for registration and may not
continue to handle CUMYL-PEGACLONE as of May 13, 2026, unless DEA has
approved that application for registration pursuant to 21 U.S.C. 822,
823, 957, and 958, and in accordance with 21 CFR parts 1301 and 1312.
Notwithstanding the foregoing, pursuant to 21 U.S.C. 822(h), if, on
May 13, 2026, a person is conducting research on CUMYL-PEGACLONE and is
already registered to conduct research with another controlled
substance in schedule I, the person may continue to conduct research on
CUMYL-PEGACLONE if they submit a completed application for registration
or modification of existing registration, as applicable, to conduct
research with CUMYL-PEGACLONE not later than 90 calendar days after May
13, 2026. The person may continue to conduct such research until the
person withdraws the application or the Administrator serves on the
person an order to show cause proposing denial of the application
pursuant to 21 U.S.C. 824(c) and in accordance with 21 CFR 1301.37. If
the Administrator serves an order to show cause proposing denial of the
application or modification, the person may not continue to conduct
research with CUMYL-PEGACLONE and may not receive or otherwise obtain
additional CUMYL-PEGACLONE. If an order to show cause is served and the
person requests a hearing in accordance with 21 CFR 1301.37(d), the
hearing shall be held in accordance with 21 CFR 1301.41-1301.46 on an
expedited basis and not later than 45 calendar days after the request
is made, except that the hearing may be held at a later time if so
requested by the person. If the person sends a copy of the application
to a manufacturer or distributor of CUMYL-PEGACLONE, receipt of the
copy by the manufacturer or distributor constitutes sufficient evidence
that the person is authorized to receive CUMYL-PEGACLONE pursuant to 21
U.S.C. 822(h)(4). Continuation of research under 21 U.S.C. 822(h) does
not authorize any other handling (e.g., distribution) of CUMYL-
PEGACLONE. Retail sales of schedule I controlled substances to the
general public are not allowed under the CSA. Possession of any
quantity in a manner not authorized by the CSA is unlawful and those in
possession of any quantity may be subject to prosecution pursuant to
the CSA.
2. Disposal of stocks. Any person unwilling or unable to obtain a
schedule I registration must surrender or transfer all quantities of
currently held CUMYL-PEGACLONE to a person registered with DEA before
the effective date of the final scheduling action in accordance with
all applicable Federal, State, local, and Tribal laws. CUMYL-PEGACLONE
must be disposed of in accordance with 21 CFR part 1317, in addition to
all other applicable Federal, State, local, and Tribal laws
3. Security. CUMYL-PEGACLONE is subject to schedule I security
requirements and must be handled and stored pursuant to 21 U.S.C. 823,
and in accordance with 21 CFR 1301.71-1301.76. Non-practitioners
handling CUMYL-PEGACLONE must comply with the employee screening
requirements of 21 CFR 1301.90 through 1301.93.
4. Labeling and Packaging. All labels, labeling, and packaging for
commercial containers of CUMYL-PEGACLONE must comply with 21 U.S.C. 825
and be in accordance with 21 CFR part 1302.
5. Quota. Generally, only registered manufacturers are permitted to
manufacture CUMYL-PEGACLONE in accordance with a quota assigned
pursuant to 21 U.S.C. 826, and in accordance with 21 CFR part 1303.
6. Inventory. Every DEA registrant who possesses any quantity of
CUMYL-PEGACLONE must take an inventory of CUMYL-PEGACLONE on hand,
pursuant to 21 U.S.C. 827 and in accordance with 21 CFR 1304.03,
1304.04, and 1304.11(a) and (d).
Any person who registers with DEA must take an initial inventory of
all stocks of controlled substances (including CUMYL-PEGACLONE) on
[[Page 26916]]
hand on the date the registrant first engages in the handling of
controlled substances, pursuant to 21 U.S.C. 827 and in accordance with
21 CFR 1304.03, 1304.04, and 1304.11(a) and (b).
After the initial inventory, every DEA registrant must take an
inventory of all controlled substances (including CUMYL-PEGACLONE) on
hand every two years, pursuant to 21 U.S.C. 827 and in accordance with
21 CFR 1304.03, 1304.04, and 1304.11.
7. Records and Reports. Every DEA registrant must maintain records
and submit reports for CUMYL-PEGACLONE, or products containing CUMYL-
PEGACLONE, pursuant to 21 U.S.C. 827 and in accordance with 21 CFR
1301.74(b) and (c), 1301.76(b), and parts 1304, 1312 and 1317.
Manufacturers and distributors must submit reports regarding CUMYL-
PEGACLONE to the Automation of Reports and Consolidated Order System
pursuant to 21 U.S.C. 827 and in accordance with 21 CFR parts 1304 and
1312.
8. Order Forms. Every DEA registrant who distributes CUMYL-
PEGACLONE must comply with the order form requirements, pursuant to 21
U.S.C. 828 and 21 CFR part 1305.
9. Importation and Exportation. All importation and exportation of
CUMYL-PEGACLONE must comply with 21 U.S.C. 952, 953, 957, and 958, and
in accordance with 21 CFR parts 1304 and 1312.
10. Liability. Any activity involving CUMYL-PEGACLONE not
authorized by, or in violation of, the CSA or its implementing
regulations, is 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 final scheduling action
is subject to formal rulemaking procedures performed ``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 procedures
and 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, Overcriminalization in Federal
Regulations.
Executive Order 12988, Civil Justice Reform
This 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 rulemaking does not have federalism implications warranting
the application of E.O. 13132. The rule does not have substantial
direct effects on the states, on the relationship between the National
Government and the States, or on the distribution of power and
responsibilities among the various levels of government.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
This 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.
Paperwork Reduction Act of 1995
This action does not impose a new collection or modify an existing
collection of information under the Paperwork Reduction Act of 1995.\7\
Also, this rule does not impose new or modify existing recordkeeping or
reporting requirements on state or local governments, individuals,
businesses, or organizations. However, this 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.
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\7\ 44 U.S.C. 3501-3521.
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Regulatory Flexibility Act
The Administrator of DEA, in accordance with the Regulatory
Flexibility Act, 5 U.S.C. 601-612, has reviewed this final rule, and by
approving it, certifies that it will not have a significant economic
impact on a substantial number of small entities.
DEA is placing the substance CUMYL-PEGACLONE (chemical name: methyl
3,3-dimethyl-2-(1-(pent-4-en-1-yl)-1H-indazole-3-
carboxamido)butanoate), including its salts, isomers, and salts of
isomers, in schedule I of the CSA to enable the United States to meet
its obligations under the 1971 Convention. This action imposes the
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 CUMYL-PEGACLONE.
Based on the review of HHS's scientific and medical evaluation and
all other relevant data, DEA determined that CUMYL-PEGACLONE has high
potential for abuse, has 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 CUMYL-
PEGACLONE as a marketed drug in the United States, but DEA notes that
this substance is available for purchase from legitimate suppliers for
scientific research. There is no evidence of significant diversion of
CUMYL-PEGACLONE from legitimate suppliers. Therefore, this final rule
will not have 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 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.
Congressional Review Act
This rule is not a major rule as defined by the Congressional
Review Act (CRA), 5 U.S.C. 804(2). However, pursuant to the CRA, DEA is
submitting a copy of this rule to both Houses of Congress and to the
Comptroller General.
Determination To Make Rule Effective Immediately
The Administrative Procedure Act (APA) generally requires that
rules enacted in accordance with the procedures of 5 U.S.C. 553 to be
effective not less than 30 days after publication of the proposed
rule.\8\ However, the APA provides three
[[Page 26917]]
exceptions for when an agency may make a rule effective sooner than 30
days after publication, including if the agency finds for good cause
why the rule should be effective sooner and publishes those reasons
with the rule.\9\
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\8\ 5 U.S.C. 553(d).
\9\ 5 U.S.C. 553(d)(3).
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DEA finds that there is good cause for this scheduling action to be
immediately effective upon publication because a delay in the effective
date is unnecessary and contrary to the public interest. First, it is
unnecessary because CUMYL-PEGACLONE is currently listed in schedule I
of the CSA under 21 U.S.C. 811(h).\10\ Second, as discussed in the
temporary scheduling order and NPRM, CUMYL-PEGACLONE poses imminent
hazard to public safety. Therefore, DEA believes it is unnecessary and
contrary to the public interest to delay the effectiveness of this
final rule by 30 days.\11\
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\10\ Schedules of Controlled Substances: Temporary Placement of
CUMYL-PEGACLONE, 4F-MDMB-BUTICA, ADB-4en-PINACA, CUMYL-PEGACLONE,
5F-EDMB-PICA, and MMB-FUBICA into Schedule I, 88 FR 86040 (Dec. 12,
2023); Schedules of Controlled Substances: Extension of Temporary
Placement of CUMYL-PEGACLONE in Schedule I of the Controlled
Substances Act, 90 FR 57356 (Dec. 11, 2025).
\11\ See, e.g., Schedules of Controlled Substances: Placement of
beta-Hydroxythiofentanyl in Schedule I, 84 FR 20023, 20027 (May 8,
2019); Schedules of Controlled Substances: Placement of UR-144,
XLR11, and AKB48 into Schedule I, 81 FR 29142, 29144 (May 11, 2016);
accord Schedules of Controlled Substances: Placement of Seven
Specific Fentanyl-Related Substances in Schedule I, 90 FR 44979
(Sept. 18, 2025); Schedules of Controlled Substances: Placement of
Nine Specific Fentanyl-Related Substances in Schedule I, 88 FR 85104
(Dec. 7, 2023).
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List of Subjects in 21 CFR Part 1308
Administrative practice and procedure, Drug traffic control,
Reporting and record keeping requirements.
For the reasons set out above, DEA amends 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. Amend Sec. 1308.11 by adding the new paragraph (d)(116) to read as
follows:
Sec. 1308.11 Schedule I.
* * * * *
(d) * * *
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* * * * * * *
(116) 5-Pentyl-2-(2-phenylpropan-2-yl)pyrido[4,3-b]indol- 7093
1-one (other names: CUMYL-PEGACLONE; SGT-151)..........
* * * * * * *
------------------------------------------------------------------------
* * * * *
Signing Authority
This document of the Drug Enforcement Administration was signed on
May 6, 2026, by DEA 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. 2026-09566 Filed 5-12-26; 8:45 am]
BILLING CODE 4410-09-P
</pre></body>
</html>Indexed from Federal Register on May 13, 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.