Specific Listing for 3-Chloromethcathinone, A Currently Controlled Schedule I Substance

Issuing agencies

Abstract

The Drug Enforcement Administration (DEA) is establishing a specific listing and DEA Controlled Substances Code Number (drug code) for 1-(3-chlorophenyl)-2-(methylamino)propan-1-one (3- chloromethcathinone; 3-CMC) in schedule I of the Controlled Substances Act (CSA). Although 3-chloromethcathinone is not specifically listed in schedule I of the CSA with its own unique drug code, it is a schedule I controlled substances in the United States because it is a positional isomer of 4-chloromethcathinone, which is a schedule I hallucinogen. Therefore, DEA is simply amending the schedule I hallucinogenic substances list in its regulations to separately include 3- chloromethcathinone.

Full Text

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<title>Federal Register, Volume 91 Issue 214 (Friday, November 6, 2026)</title>
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[Federal Register Volume 91, Number 214 (Friday, November 6, 2026)]
[Rules and Regulations]
[Pages 70009-70011]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22717]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1308

[Docket No. DEA-1768]


Specific Listing for 3-Chloromethcathinone, A Currently 
Controlled Schedule I Substance

AGENCY: Drug Enforcement Administration, Department of Justice.

ACTION: Final rule.

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SUMMARY: The Drug Enforcement Administration (DEA) is establishing a 
specific listing and DEA Controlled Substances Code Number (drug code) 
for 1-(3-chlorophenyl)-2-(methylamino)propan-1-one (3-
chloromethcathinone; 3-CMC) in schedule I of the Controlled Substances 
Act (CSA). Although 3-chloromethcathinone is not specifically listed in 
schedule I of the CSA with its own unique drug code, it is a schedule I 
controlled substances in the United States because it is a positional 
isomer of 4-chloromethcathinone, which is a schedule I hallucinogen. 
Therefore, DEA is simply amending the schedule I hallucinogenic 
substances list in its regulations to separately include 3-
chloromethcathinone.

DATES: Effective November 6, 2026.

FOR FURTHER INFORMATION CONTACT: Dr. Terrence L. Boos, Drug and 
Chemical Evaluation, Diversion Control Division, Drug Enforcement 
Administration; Telephone: (571) 362-3249.

SUPPLEMENTARY INFORMATION:

3-Chloromethcathinone Control

    3-Chloromethcathinone (also known as, 1-(3-chlorophenyl)-2-
(methylamino)propan-1-one; and 3-CMC) is a chemical substance that is 
structurally related to 4-chloromethcathinone (also known as, 1-

[[Page 70010]]

(4-chlorophenyl)-2-(methylamino)propan-1-one; and 4-CMC). 4-
Chloromethcathinone is listed as a hallucinogenic substance in schedule 
I at 21 CFR 1308.11(d)(106). As stated in subsection 21 CFR 1308.11(d), 
a listed hallucinogenic substance includes ``any of its salts, isomers, 
and salts of isomers whenever the existence of such salts, isomers, and 
salts of isomers is possible within the specific chemical 
designation,'' and the term ``isomer'' includes the ``optical, 
position[al], and geometric isomers.''
    When compared to the chemical structure of 4-chloromethcathinone, 
3-chloromethcathinone meets the definition of a ``positional isomer'' 
in 21 CFR 1300.01(b), which cross-references the term ``positional 
isomer'' in 21 CFR 1308.11(d). Both 4-chloromethcathinone and 3-
chloromethcathinone possess the same molecular formula and core 
structure, and they have the same functional groups. 4-
Chloromethcathinone and 3-chloromethcathinone differ from one another 
by the position of the chloride atom on the same functional group 
(phenyl ring). This does not create new chemical functionalities or 
destroy existing chemical functionalities. Accordingly, under 21 CFR 
1308.11(d), 3-chloromethcathinone, as a positional isomer of 4-
chloromethcathinone, has been and continues to be a schedule I 
controlled substance.\1\
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    \1\ 4-Chloromethcathinone (and its isomers) has been subject to 
schedule I controls since December 17, 2025. See Schedules of 
Controlled Substances: Placement of 4-Chloromethcathinone in 
Schedule I, 90 FR 51102 (Nov. 11, 2025).
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Legal Authority

    This rule is prompted by a letter dated June 6, 2024, in which the 
Secretariat of the United Nations informed the United States government 
that 3-chloromethcathinone have been added to Schedule II of the 
Convention on Psychotropic Substances of 1971 (1971 Convention), 
February 21, 1971, 32 U.S.T. 543, 1019 U.N.T.S. 175, as amended. This 
letter was prompted by decisions at the 67th Session of the Commission 
on Narcotic Drugs (CND) in March 2024 to schedule 3-chloromethcathinone 
under Schedule II of the 1971 Convention (CND Decision 67/2). Preceding 
these decisions, the Food and Drug Administration (FDA), on behalf of 
the Secretary of Health and Human Services and pursuant to 21 U.S.C. 
811(d)(2), published two notices in the Federal Register with an 
opportunity to submit domestic information and opportunity to comment 
on this action.\2\
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    \2\ See International Drug Scheduling; Convention on 
Psychotropic Substances; Single Convention on Narcotic Drugs; 
Bromazolam; Flubromazepam; Butonitazene; 3-Chloromethcathinone (3-
CMC); Dipentylone; 2-Fluorodeschloroketamine (2-FDCK); Nitrous Oxide 
(N2O); Carisoprodol; Request for Comments, 88 FR 52179 (Aug. 7, 
2023); International Drug Scheduling; Convention on Psychotropic 
Substances; Single Convention on Narcotic Drugs; World Health 
Organization; Scheduling Recommendations; Butonitazene; 3-
Chloromethcathinone; Dipentylone; 2-Fluorodeschloroketamine; 
Bromazolam; Request for Comments, 89 FR 8683 (Feb. 8, 2024).
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    As discussed above in this final rule, 3-chloromethcathinone, by 
virtue of being a positional isomer of 4-chloromethcathinone, has been 
controlled in schedule I of the CSA since December 17, 2025.\3\ 
Therefore, all regulations and criminal sanctions applicable to 
schedule I substances have been and remain applicable to 3-
chloromethcathinone. Drugs controlled in schedule I of the CSA satisfy 
and exceed the required domestic controls of Schedule II under Article 
2 of the 1971 Convention.
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    \3\ Schedules of Controlled Substances: Placement of 4-
Chloromethcathinone in Schedule I, 90 FR 51102 (Nov. 17, 2025).
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Effect of Action

    As discussed above, this rule does not affect the continuing status 
of 3-chloromethcathinone as a schedule I controlled substances in any 
way. This action, as an administrative matter, merely establishes a 
separate, specific listing for 3-chloromethcathinone in schedule I of 
the CSA and assigns a DEA controlled substances code number (drug code) 
for this substance. This action will allow DEA to establish an 
aggregate production quota and grant individual manufacturing and 
procurement quotas to DEA-registered manufacturers of 3-
chloromethcathinone, who had previously been granted individual quotas 
for such purposes under the drug code for 4-chloromethcathinone.

Regulatory Analyses

Administrative Procedure Act

    An agency may find good cause to exempt a rule from certain 
provisions of the Administrative Procedure Act (APA) including notice 
of proposed rulemaking and the opportunity for public comment, if it is 
determined to be unnecessary, impracticable, or contrary to the public 
interest.\4\
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    \4\ 5 U.S.C. 553(b)(B).
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    Pursuant to 5 U.S.C. 553(b)(B), DEA finds that notice-and-comment 
rulemaking is unnecessary, and that good cause exists to dispense with 
these procedures, as 3-chloromethcathinone is currently controlled in 
schedule I as a positional isomer of 4-chloromethcathinone. The 
addition of a separate listing for 3-chloromethcathinone and its DEA 
controlled substances code number in the list of schedule I substances 
in 21 CFR 1308.11(d) makes no substantive difference in the status of 
this drug as a schedule I controlled substance, but instead is ``a 
minor or merely technical amendment in which the public is not 
particularly interested.'' \5\ This rule is a ``technical amendment'' 
to 21 CFR 1308.11(d) as it is ``insignificant in nature and impact, and 
inconsequential to the industry and public.'' Therefore, DEA finds that 
publishing a notice of proposed rulemaking and soliciting public 
comment are unnecessary and good cause exists to dispense with these 
procedures.
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    \5\ National Nutritional Foods Ass'n v. Kennedy, 572 F.2d 377, 
385 (2d Cir. 1978) (quoting S. Rep. No. 79-752, at 200 (1945)). See 
also Utility Solid Waste Activities Group v. E.P.A., 236 F.3d 749, 
755 (D.C. Cir. 2001) (the ``unnecessary'' prong ``is confined to 
those situations in which the administrative rule is a routine 
determination, insignificant in nature and impact, and 
inconsequential to the industry and public'') (internal quotations 
and citation omitted).
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    In addition, DEA is concerned that delaying the effective date of 
this rule potentially could cause confusion regarding the regulatory 
status of 3-chloromethcathinone. With 3-chloromethcathinone currently 
controlled under schedule I as a positional isomer, and with no 
additional requirements being imposed through this action, DEA finds 
good cause exists to make this rule effective immediately upon 
publication in accordance with 5 U.S.C. 553(d)(3).

Executive Orders 12866, 13563, 14192, and 14294 (Regulatory Review).

    This regulation has been drafted and reviewed in accordance with 
the principles of Executive Orders (E.O.) 12866, 13563, and 14192. This 
rule is not a significant regulatory action under section 3(f) of E.O. 
12866. 3-Chloromethcathinone is already a controlled substance in the 
United States under schedule I, as it is a positional isomer of the 
schedule I hallucinogen 4-chloromethcathinone. In this final rule, DEA 
is merely making an administrative change by amending its regulations 
to separately list 3-chloromethcathinone in schedule I and to assign a 
DEA controlled substances code number to this substance. A separate 
listing for 3-chloromethcathinone and its DEA controlled substances 
code number will not alter the status of this substance as a schedule I 
controlled substance. DEA scheduling actions are not subject to E.O. 
14192, Unleashing Prosperity Through Deregulation, or E.O. 14294, 
Fighting Overcriminalization in Federal Regulations.

[[Page 70011]]

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, 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.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) applies to rules that are 
subject to the notice-and-comment requirements under the APA or other 
laws.\6\ As noted in the above section regarding the applicability of 
the APA, DEA determined that there was good cause to exempt this final 
rule from notice and comment. Consequently, the RFA does not apply.
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    \6\ 5 U.S.C. 601-612.
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Paperwork Reduction Act of 1995

    This action does not impose a new collection of information 
requirement under the Paperwork Reduction Act of 1995.\7\ This action 
would not impose recordkeeping or reporting requirements on State or 
local governments, individuals, businesses, or organizations. 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 Office 
of Management and Budget control number.
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    \7\ 44 U.S.C. 3501-3521.
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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. However, pursuant to the CRA, DEA is 
submitting a copy of this rule to both Houses of Congress and to the 
Comptroller General.

List of Subjects in 21 CFR Part 1308

    Administrative practice and procedure, Drug traffic control, 
Reporting and recordkeeping 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)(118) to read as 
follows:


Sec.  1308.11  Schedule I.

* * * * *
    (d) * * *

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                              * * * * * * *
(118) 3-Chloromethcathinone (3-CMC, 1-(3-chlorophenyl)-2-           1241
 (methylamino)propan-1-one).............................
 
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Signing Authority

    This document of the Drug Enforcement Administration was signed on 
November 2, 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. 2026-22717 Filed 11-5-26; 8:45 am]
BILLING CODE 4410-09-P


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