controlled substances

[Skeptic23]

Lets just say that I’m walking through the woods and I come upon a plant. Upon eating the fruit of this plant I become highly “stoned”. After collecting all that I can carry, I head back home. Upon research of this botanical wonder I find that there is no record of its existance.
The question: Would it be legal for me to go around eating/selling this stuff? Also, who and decides to make it an illegal drug?

[Otto]

From United States Code, chapter 21, Section 802(6):

The term ‘‘controlled substance’’ means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1986.

From Chapter 21, Section 811(a):

The Attorney General shall apply the provisions of this subchapter to the controlled substances listed in the schedules established by section 812 of this title and to any other drug or other substance added to such schedules under this subchapter. Except as provided in subsections (d) and (e) of this section, the Attorney General may by rule -

• (1) add to such a schedule or transfer between such schedules any drug or other substance if he -

• (A) finds that such drug or other substance has a potential for abuse, and

(B) makes with respect to such drug or other substance the findings prescribed by subsection (b) of section 812 of this title for the schedule in which such drug is to be placed; or

• (2) remove any drug or other substance from the schedules if he finds that the drug or other substance does not meet the requirements for inclusion in any schedule. Rules of the Attorney General under this subsection shall be made on the record after opportunity for a hearing pursuant to the rulemaking procedures prescribed by subchapter II of chapter 5 of title 5. Proceedings for the issuance, amendment, or repeal of such rules may be initiated by the Attorney General (1) on his own motion, (2) at the request of the Secretary, or (3) on the petition of any interested party.

So depending on the active ingredient in your mystery plant, it may or may not be OK for you to consume and sell it.

[KalEl]

Skeptic, to answer your question, I’ll need to know the exact location of the woods and a precise description of the plant and its fruit.