DEA weighs limits on drug at center of Jackson case

WASHINGTON — Federal authorities are considering making the potent anesthetic propofol — one of the drugs found in Michael Jackson's home — a controlled substance, which would put new limits on its distribution.

The Drug Enforcement Administration was petitioned two years ago to make propofol a scheduled drug under the Controlled Substances Act. That designation is used to impose restrictions on distributing and prescribing certain drugs prone to abuse and addiction.

DEA spokesman Rusty Payne confirmed Wednesday that the agency is considering adding propofol to the list of controlled substances. The brand-name version of propofol is called Diprivan. A nurse who provided nutritional therapy for Jackson, Cherilynn Lee, has said he asked her for Diprivan to treat insomnia. Propofol is not recommended for such use and Lee said she refused the star's request.

Until Jackson's death, the main concern about propofol was its potential for abuse by medical staff, because it is usually administered intravenously in hospitals to patients who need to be unconscious for surgery or other procedures.

The Food and Drug Administration has received an increasing number of reports about fatalities linked to propofol in recent years: 43 in 2008 and 35 in 2007, up from an average of 22 per year over the decade before that, according to FDA data. The increase may be due to increasing use of propofol over older barbiturates.

A central question in the Jackson investigation is who provided that drug and other prescription medications found at his rented Beverly Hills mansion. Investigators are talking to doctors who treated Jackson.

Investigators obtained a search warrant and removed several bottles of propofol from Jackon's home, according to a person with knowledge of the investigation. The person is not authorized to speak publicly and requested anonymity.

Adding a drug to the federal list of controlled substances is a lengthy process. As part of its review, the DEA asks for a recommendation from officials at the Department of Health and Human Services. HHS experts can stop a drug from being added to the list if they recommend against doing so. Congress can also add specific drugs to the list through legislation.