However, the Federal Analog Act has been notably tested twice in court to criminalize new substances and the Act was not upheld the first time and was upheld the second time. So it is not of yet well established and it is suppliers that are at risk of prosecution, not consumers.
A lot of designer drugs are synthesized in places like Israel, which has no law prohibiting drug analogs. Mephedrone started to become widely popularized in the Middle East and Europe because of an Israeli manufacturer/online distributor.
Quote from the pharma crime director of Israel's Ministry of Health: "Israel, to my sad dismay, is a major leader in designer drugs for this reason."
Isn't the federal analog act what they use to bust people who are selling fake drugs? The reasoning being, well you said it was the same as illegal drug x so we're busting you as if you were selling illegal drug x (even if what you were selling is perfectly legal oregano). It's a really kind of Alice in Wonderland war on drugs reality but it actually happens all the time. Just put into google news "busted for selling fake drugs" or something like that and you'll get tons of stories.
Not knowing enough about chemistry: what are the chances of people with medicine bought in another country being stopped as carrying something "substantially similar" to a drug?
However, the Federal Analog Act has been notably tested twice in court to criminalize new substances and the Act was not upheld the first time and was upheld the second time. So it is not of yet well established and it is suppliers that are at risk of prosecution, not consumers.