The Attorney General may publish a list, and absence from it does not free a substance
What the document says“``(4)(A) The Attorney General may by order publish in the Federal Register a list of substances that satisfy the definition of the term `fentanyl-related substance' in paragraph (2). ``(B) The absence of a substance from a list published under subparagraph (A) does not negate the control status of the substance under this schedule if the substance satisfies the definition of the term `fentanyl-related substance' in paragraph (2).''.”
The Attorney General may, by order published in the Federal Register, publish a list of substances that satisfy the definition. Publication is optional, and the paragraph states that a substance left off such a list is still controlled under this schedule entry if it satisfies the definition.
What the document actually says“``(4)(A) The Attorney General may by order publish in the Federal Register a list of substances that satisfy the definition of the term `fentanyl-related substance' in paragraph (2). ``(B) The absence of a substance from a list published under subparagraph (A) does not negate the control status of the substance under this schedule if the substance satisfies the definition of the term `fentanyl-related substance' in paragraph (2).''.”
The Attorney General can print a list of these drugs. Leaving a drug off the list does not free it. If it fits the group, it is still on schedule I.
The list is not the test. The test is the wording of the group. A drug can be off the list and still be covered.
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