[Docket No. DEA-XXX]

  21 CFR Part 1308

  Schedules of Controlled Substances: Placement of Jump and Fly in Schedule I

  AGENCY: Drug Enforcement Administration, Department of Justice.

  ACTION: Final Rule.

  SUMMARY: With this final rule, the Drug Enforcement Administration places the substances known as "Jump" (including all formulations) and "Fly" (including all delivery methods and formulations) into Schedule I of the Controlled Substances Act. This scheduling action is pursuant to the Controlled Substances Act and follows the completion of the emergency scheduling period initiated on April 22, 2024. The formal findings indicate these substances have high potential for abuse, no currently accepted medical use in treatment in the United States, lack accepted safety standards for use under medical supervision, and pose an imminent hazard to public safety and national security.

  DATES: Effective December 1, 2024.

  SUPPLEMENTARY INFORMATION:

  Legal Authority

  The Controlled Substances Act (CSA) provides that proceedings to add a drug or substance to those controlled under the Act may be initiated by the Attorney General (delegated to the Administrator of the DEA) on his own motion, at the request of the Secretary of Health and Human Services (HHS), or on the petition of any interested party (21 U.S.C. 811(a)). This action was initiated by the Administrator of the DEA after consultation with the Secretary of HHS and the National Security Council following major incidents in Philadelphia and other metropolitan areas involving these substances.

  Background and Findings

  On April 22, 2024, the DEA published a Notice of Intent to temporarily place Jump and Fly into Schedule I pursuant to the temporary scheduling provisions of the CSA (21 U.S.C. 811(h)). On May 22, 2024, the DEA published a temporary scheduling order which placed Jump and Fly in Schedule I of the CSA for two years. This action was based on findings that these substances pose an imminent hazard to public safety and security.

  Following completion of the scientific and medical evaluation by the FDA and the DEA, and after consideration of all other relevant data, the DEA has determined that:

  (1) Jump and Fly have high potential for abuse. Evidence demonstrates these substances induce temporary or permanent physiological changes in human subjects, including enhanced strength, speed, sensory abilities, or other abnormal capabilities. Widespread abuse has been documented across multiple states, with particular concentration in urban centers.

  (2) Jump and Fly have no currently accepted medical use in treatment in the United States. There are no FDA-approved drug products containing any component of Jump or Fly. There are no approved New Drug Applications or Investigational New Drug Applications for these substances.

  (3) There is a lack of accepted safety for use of Jump and Fly under medical supervision. The substances produce unpredictable physiological responses, including documented cases of severe organ damage, neural disruption, and catastrophic physiological failure. At least 87 deaths have been attributed to Jump and 126 deaths to Fly between January and October 2024.

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  (4) These substances pose unique national security concerns. The ability to temporarily or permanently induce superhuman capabilities presents unprecedented risks to critical infrastructure, governmental institutions, and civilian populations.

  Chemical Analysis

  Jump and Fly present unique challenges for scheduling due to their variable compositions. Scientific analysis by DEA laboratories has identified core compounds (referred to as "Anomalous Compound Alpha-Delta" and related derivatives) present in all variants, alongside variable pharmacological elements that appear to determine the specific physiological effects. For purposes of this scheduling:

  - "Jump" refers to any substance containing Anomalous Compound Alpha-Delta or its derivatives in oral dosage form, typically presented as green colored pills.

  - "Fly" refers to any substance containing Anomalous Compound Alpha-Delta or its derivatives in injectable form, regardless of color or specific formulation.

  While complete reverse engineering of these substances has not been achieved due to their novel chemical structure and apparent instability during analysis, the consistent presence of Compound A and its derivatives provides sufficient identification markers for enforcement purposes.

  Comments and Responses

  The DEA received 163 comments on the Notice of Proposed Rulemaking published on August 15, 2024. These included:

  - 142 comments supporting permanent scheduling

  - 12 comments from research institutions requesting exemptions for controlled study

  - 9 comments opposing scheduling, primarily citing concerns about individual liberty

  Responses to significant comments are detailed in the supplementary materials.

  Regulatory Actions

  Based on these findings, the Administrator of the DEA concludes that Jump and Fly warrant control in Schedule I of the CSA (21 U.S.C. 812(b)(1)). With publication of this final rule, Jump and Fly are permanently placed in Schedule I.

  Regulatory Requirements

  This final rule imposes stringent handling requirements for Jump and Fly, including:

  1. Registration requirements for anyone handling these substances

  2. Security requirements for storage

  3. Specific record-keeping requirements

  4. Import/export restrictions

  5. Severe criminal penalties for unauthorized manufacture, distribution, or possession

  Law enforcement officers should be aware that due to the unusual properties of these substances, specialized containment procedures must be followed during seizure operations.

  FOR FURTHER INFORMATION CONTACT:

  Jonathan M. Richards,

  Diversion Control Division,

  Drug Enforcement Administration

  SIGNED:

  Marcus A. Thompkins

  Administrator

  Drug Enforcement Administration

  November 1, 2024