Pagoclone

Pagoclone is not individually named in the current revised Schedule 2 to the Misuse of Drugs Act 1971. It falls within the effect-based definition of a psychoactive substance under the Psychoactive Substances Act 2016 when it is capable of affecting mental functioning or emotional state by stimulating or depressing the central nervous system and is not an exempted substance. Since 26 May 2016, the Act has prohibited production, supply or an offer to supply, possession with intent to supply, and import or export where the applicable knowledge and psychoactive-consumption elements are met. Ordinary personal possession outside a custodial institution is not an offence under the Act, while possession in a custodial institution for psychoactive consumption is; medicinal products, including qualifying investigational medicinal products, and activities exempted by section 11 and Schedule 2 remain outside or exempt from these offences.

Section 320.1 of the Criminal Code Act 1995 defines a psychoactive substance by its capacity to stimulate or depress the central nervous system so as to cause specified effects, or to cause physical or psychological dependence; in controlled human studies, pagoclone produces effects relevant to that definition. Section 320.2 makes importation of a psychoactive substance an offence punishable by up to five years' imprisonment, 300 penalty units, or both. The offence is subject to exclusions for specified food and tobacco products, therapeutic goods, agricultural and veterinary chemicals, industrial chemicals, plants and fungi, substances already controlled under drug or customs law, and prescribed imports made under the licensing, eligible-purpose and advance-notice conditions in the Criminal Code Regulations 2019; an exclusion does not apply if the substance contains another psychoactive substance outside the excluded classes, and the defendant bears an evidential burden for the exclusions. The controlled-drug and customs exclusions do not make those substances freely importable under other provisions; this Commonwealth offence concerns importation only and does not establish a uniform national prohibition on domestic possession, production or sale.

Pagoclone is not listed in Schedules I through V of 21 CFR Part 1308 or in the DEA's List I and II regulated-chemicals compilation dated 27 August 2026. It is therefore unscheduled under federal controlled-substance law, although an unlisted substance may be treated case-specifically as a Schedule I controlled-substance analogue under 21 U.S.C. §§ 802(32) and 813 when the statutory conditions are met and it is intended for human consumption. This classification addresses only federal controlled-substance and listed-chemical status, not state or other local law or compliance with federal food-and-drug, prescription, import, or investigational-use requirements.

Pagoclone is not expressly named in Schedules I through IV or Part 1 of Schedule V of the Controlled Drugs and Substances Act, which defines a controlled substance by inclusion in those schedules. Pagoclone's structure lacks the diazepine ring required by Health Canada's published structural test for benzodiazepines under Schedule IV item 18. Pagoclone is therefore unscheduled under the Controlled Drugs and Substances Act; this classification does not address whether a pagoclone product may be imported, sold, or marketed under food-and-drug law.