Controlled Substances Act Clarification in Sciences Act of 2026

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9186 Introduced in House (IH)]

<DOC>

119th CONGRESS
  2d Session
                                H. R. 9186

 To amend the Controlled Substances Act to more closely align the Act
  with modern medical knowledge, terminology, and practices, and for
                            other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 8, 2026

  Mr. Cohen introduced the following bill; which was referred to the
 Committee on Energy and Commerce, and in addition to the Committee on
   the Judiciary, for a period to be subsequently determined by the
  Speaker, in each case for consideration of such provisions as fall
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 To amend the Controlled Substances Act to more closely align the Act
  with modern medical knowledge, terminology, and practices, and for
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Controlled Substances Act
Clarification in Sciences Act of 2026''.

SEC. 2. AMENDMENTS TO CONTROLLED SUBSTANCES ACT.

    (a) Definitions.--Section 102 of the Controlled Substances Act (21
U.S.C. 802) is amended by adding at the end the following:
    ``(61) The term `accepted medical use' means the use of a drug or
other substance--
            ``(A) in accordance with an approval under the Federal
        Food, Drug, and Cosmetic Act or licensure under section 351 of
        the Public Health Service Act;
            ``(B) to conduct scientific research to advance the
        understanding of human biology, develop new therapies, or
        research animal or human models of disease, syndrome, or
        disorder; or
            ``(C) in accordance with a recognized legitimate medical
        use if--
                    ``(i) a jurisdiction has authorized the drug or
                substance for medical use;
                    ``(ii) the drug or substance is widely used in such
                jurisdiction by health care practitioners; and
                    ``(iii) such legitimate medical use is recognized
                by the entities that regulate the practice of medicine
                in such jurisdiction through evidence-based scientific
                evaluation that employs rigorous and generally accepted
                methodologies.
    ``(62) The term `dependence liability' means, with respect to a
drug or other substance that could contribute to a substance use
disorder, the actual propensity for physical dependence or
psychological dependence to the drug or substance.
    ``(63) The term `physical dependence' means, with respect to a drug
or other substance, a state that develops as a result of physiological
adaptation in response to repeated, chronic use of the drug or
substance, manifested by withdrawal signs and symptoms after abrupt
discontinuation or a significant dose reduction of the drug or
substance.
    ``(64) The term `psychological dependence' means, with respect to a
drug or other substance, a state in which an individual's use of the
drug or substance is compromised by--
            ``(A) the rewarding effects of the drug or substance, thus
        increasing the likelihood of chronic use; or
            ``(B) psychological distress (including craving) that
        occurs in the absence of the drug or substance and contributes
        to compulsive drug seeking, regardless of whether such use is
        indicative of abuse or misuse of the drug or substance.
    ``(65) The term `lack of accepted safety for use of the drug or
other substance under medical supervision' means, with respect to a
drug or other substance, that based on the accepted medical use of the
drug or substance, a reasonable health care practitioner would
determine that the potential risk of death or significant and
irreversible harm to the user would clearly outweigh any medical
benefit to the user.
    ``(66) The term `abuse' means, with respect to a drug or other
substance, the intentional use of the drug or substance in a manner
that will lead to a substance use disorder.
    ``(67) The term `potential for abuse' means, with respect to a drug
or other substance, the relative likelihood that use of the drug or
substance will result in abuse of the drug or substance.
    ``(68) The term `misuse' means--
            ``(A) the use by an individual of a drug or other substance
        that is not intended for human consumption (determined in the
        same manner as such a determination would be made under section
        203); or
            ``(B) the use by an individual of a drug or other substance
        in a way--
                    ``(i) that was not directed by the individual's
                health care practitioner; or
                    ``(ii) that is not in accordance with the
                instructions for use on the labeling of such drug or
                substance.
    ``(69) The term `potential benefits to society' means, with respect
to a drug or other substance, any medical, scientific, or other use of
the drug or substance that may improve public health or quality of
life.''.
    (b) Clarification of Roles in Scheduling.--Section 201(a) of the
Controlled Substances Act (21 U.S.C. 811(a)) is amended by inserting
before ``Rules of the Attorney General'' the following: ``In carrying
out paragraph (1), the Attorney General shall (1) defer to the
Secretary's scientific and medical evaluation of a drug or other
substance, and (2) add or transfer a drug or other substance to a
schedule only if such schedule best corresponds to controls reasonably
tailored to protect public health and safety (including the potential
for abuse and dependence liability of the drug or substance) while
preserving access for accepted medical uses, and recognizing the
potential benefits to society, of the drug or substance.''.
                                 <all>