In order for the chemical to be considered a controlled substance, intent for consumption must be established.
No a chemical is a controlled substance due to what it is not because of what you plan to do with it
I would also like to point out that it's not controlled in the UK either.
As a phenylethylamine derivative it IS a controlled substance in the UK. You might not be chemically savvy enough to know that but the regulators do know it.
There is no doubt that there are similarities here, I know this. What I don't know, from a chemist's perspective is, are they SUBSTANTIALLY similar? To me it looks like there are substantial differences!!!
How many chemists will it take telling you the they are similar before you believe us?
I'm sorry, what I meant to say is... In order for a chemical to be considered an analogue of a controlled substance, it must produce a similar effect in humans and/or be sold for consumption.
See the US code 802 (32)
(32)(A) Except as provided in subparagraph (C), the term "controlled substance analogue" means a substance--
(i) the chemical structure of which is substantially similar to the chemical structure of a controlled substance in schedule I or II;
(ii) which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II; or
(iii) with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II.
(B) The designation of gamma butyrolactone or any other chemical as a listed chemical pursuant to paragraph (34) or (35) does not preclude a finding pursuant to subparagraph (A) of this paragraph that the chemical is a controlled substance analogue.
(C) Such term does not include--
(i) a controlled substance;
(ii) any substance for which there is an approved new drug application;
(iii) with respect to a particular person any substance, if an exemption is in effect for investigational use, for that person, under section 355 of this title to the extent conduct with respect to such substance is pursuant to such exemption; or
(iv) any substance to the extent not intended for human consumption before such an exemption takes effect with respect to that substance.