Title 21, Chapter 13
As of January 2001
From uscode.house.gov, as of Oct 2002
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21 USC CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL 01/02/01
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TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
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CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
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SUBCHAPTER I - CONTROL AND ENFORCEMENT
PART A - INTRODUCTORY PROVISIONS
Sec.
801. Congressional findings and declarations: controlled
substances.
801a. Congressional findings and declarations: psychotropic
substances.
802. Definitions.
803. Repealed.
PART B - AUTHORITY TO CONTROL; STANDARDS AND SCHEDULES
811. Authority and criteria for classification of substances.
(a) Rules and regulations of Attorney General;
hearing.
(b) Evaluation of drugs and other substances.
(c) Factors determinative of control or removal from
schedules.
(d) International treaties, conventions, and
protocols requiring control; procedures
respecting changes in drug schedules of
Convention on Psychotropic Substances.
(e) Immediate precursors.
(f) Abuse potential.
(g) Exclusion of non-narcotic substances sold over
the counter without a prescription;
dextromethorphan; exemption of substances
lacking abuse potential.
(h) Temporary scheduling to avoid imminent hazards to
public safety.
812. Schedules of controlled substances.
(a) Establishment.
(b) Placement on schedules; findings required.
(c) Initial schedules of controlled substances.
813. Treatment of controlled substance analogues.
814. Removal of exemption of certain drugs.
(a) Removal of exemption.
(b) Factors to be considered.
(c) Specificity of designation.
(d) Reinstatement of exemption with respect to
particular drug products.
(e) Reinstatement of exemption with respect to
ephedrine, pseudoephedrine, and
phenylpropanolamine drug products.
PART C - REGISTRATION OF MANUFACTURERS, DISTRIBUTORS, AND
DISPENSERS OF CONTROLLED SUBSTANCES
821. Rules and regulations.
822. Persons required to register.
(a) Period of registration.
(b) Authorized activities.
(c) Exceptions.
(d) Waiver.
(e) Separate registration.
(f) Inspection.
823. Registration requirements.
(a) Manufacturers of controlled substances in
schedule I or II.
(b) Distributors of controlled substances in schedule
I or II.
(c) Limits of authorized activities.
(d) Manufacturers of controlled substances in
schedule III, IV, or V.
(e) Distributors of controlled substances in schedule
III, IV, or V.
(f) Research by practitioners; pharmacies; research
applications; construction of Article 7 of the
Convention on Psychotropic Substances.
(g) Practitioners dispensing narcotic drugs for
narcotic treatment; annual registration;
separate registration; qualifications; waiver.
(h) Applicants for distribution of list I chemicals.
824. Denial, revocation, or suspension of registration.
(a) Grounds.
(b) Limits of revocation or suspension.
(c) Service of show cause order; proceedings.
(d) Suspension of registration in cases of imminent
danger.
(e) Suspension and revocation of quotas.
(f) Disposition of controlled substances or list I
chemicals.
(g) Seizure or placement under seal of controlled
substances or list I chemicals.
825. Labeling and packaging.
(a) Symbol.
(b) Unlawful distribution without identifying symbol.
(c) Warning on label.
(d) Containers to be securely sealed.
826. Production quotas for controlled substances.
(a) Establishment of total annual needs.
(b) Individual production quotas; revised quotas.
(c) Manufacturing quotas for registered
manufacturers.
(d) Quotas for registrants who have not manufactured
controlled substance during one or more
preceding years.
(e) Quota increases.
(f) Incidental production exception.
827. Records and reports of registrants.
(a) Inventory.
(b) Availability of records.
(c) Nonapplicability.
(d) Periodic reports to Attorney General.
(e) Reporting and recordkeeping requirements of drug
conventions.
(f) Investigational uses of drugs; procedures.
(g) Change of address.
(h) Reporting requirements for GHB.
828. Order forms.
(a) Unlawful distribution of controlled substances.
(b) Nonapplicability of provisions.
(c) Preservation and availability.
(d) Issuance.
(e) Unlawful acts.
829. Prescriptions.
(a) Schedule II substances.
(b) Schedule III and IV substances.
(c) Schedule V substances.
(d) Non-prescription drugs with abuse potential.
830. Regulation of listed chemicals and certain machines.
(a) Record of regulated transactions.
(b) Reports to Attorney General.
(c) Confidentiality of information obtained by
Attorney General; non-disclosure; exceptions.
PART D - OFFENSES AND PENALTIES
841. Prohibited acts A.
(a) Unlawful acts.
(b) Penalties.
(c) Offenses involving listed chemicals.
(d) Boobytraps on Federal property; penalties;
"boobytrap" defined.
(e) Ten-year injunction as additional penalty.
(f) Wrongful distribution or possession of listed
chemicals.
842. Prohibited acts B.
(a) Unlawful acts.
(b) Manufacture.
(c) Penalties.
843. Prohibited acts C.
(a) Unlawful acts.
(b) Communication facility.
(c) Advertisement.
(d) Penalties.
(e) Additional penalties.
(f) Injunctions.
844. Penalties for simple possession.
(a) Unlawful acts; penalties.
(b) Repealed.
(c) "Drug, narcotic, or chemical offense" defined.
844a. Civil penalty for possession of small amounts of certain
controlled substances.
(a) In general.
(b) Income and net assets.
(c) Prior conviction.
(d) Limitation on number of assessments.
(e) Assessment.
(f) Compromise.
(g) Judicial review.
(h) Civil action.
(i) Limitation.
(j) Expungement procedures.
845 to 845b. Transferred.
846. Attempt and conspiracy.
847. Additional penalties.
848. Continuing criminal enterprise.
(a) Penalties; forfeitures.
(b) Life imprisonment for engaging in continuing
criminal enterprise.
(c) "Continuing criminal enterprise" defined.
(d) Suspension of sentence and probation prohibited.
(e) Death penalty.
(g) Hearing required with respect to death penalty.
(h) Notice by Government in death penalty cases.
(i) Hearing before court or jury.
(j) Proof of aggravating and mitigating factors.
(k) Return of findings.
(l) Imposition of sentence.
(m) Mitigating factors.
(n) Aggravating factors for homicide.
(o) Right of defendant to justice without
discrimination.
(p) Sentencing in capital cases in which death
penalty is not sought or imposed.
(q) Appeal in capital cases; counsel for financially
unable defendants.
(r) Refusal to participate by State and Federal
correctional employees.
849. Transportation safety offenses.
(a) Definitions.
(b) First offense.
(c) Subsequent offense.
850. Information for sentencing.
851. Proceedings to establish prior convictions.
(a) Information filed by United States Attorney.
(b) Affirmation or denial of previous conviction.
(c) Denial; written response; hearing.
(d) Imposition of sentence.
(e) Statute of limitations.
852. Application of treaties and other international agreements.
853. Criminal forfeitures.
(a) Property subject to criminal forfeiture.
(b) Meaning of term "property".
(c) Third party transfers.
(d) Rebuttable presumption.
(e) Protective orders.
(f) Warrant of seizure.
(g) Execution.
(h) Disposition of property.
(i) Authority of the Attorney General.
(j) Applicability of civil forfeiture provisions.
(k) Bar on intervention.
(l) Jurisdiction to enter orders.
(m) Depositions.
(n) Third party interests.
(o) Construction.
(p) Forfeiture of substitute property.
(q) Restitution for cleanup of clandestine laboratory
sites.
853a. Transferred.
854. Investment of illicit drug profits.
(a) Prohibition.
(b) Penalty.
(c) "Enterprise" defined.
(d) Construction.
855. Alternative fine.
856. Establishment of manufacturing operations.
(a) Unlawful acts.
(b) Penalties.
(c) Violation as offense against property.
857. Repealed.
858. Endangering human life while illegally manufacturing
controlled substance.
859. Distribution to persons under age twenty-one.
(a) First offense.
(b) Second offense.
860. Distribution or manufacturing in or near schools and colleges.
(a) Penalty.
(b) Second offenders.
(c) Employing children to distribute drugs near
schools or playgrounds.
(d) Suspension of sentence; probation; parole.
(e) Definitions.
861. Employment or use of persons under 18 years of age in drug
operations.
(a) Unlawful acts.
(b) Penalty for first offense.
(c) Penalty for subsequent offenses.
(d) Penalty for providing or distributing controlled
substance to underage person.
(e) Suspension of sentence; probation; parole.
(f) Distribution of controlled substance to pregnant
individual.
862. Denial of Federal benefits to drug traffickers and possessors.
(a) Drug traffickers.
(b) Drug possessors.
(c) Suspension of period of ineligibility.
(d) Definitions.
(e) Inapplicability of this section to Government
witnesses.
(f) Indian provision.
(g) Presidential report.
(h) Effective date.
862a. Denial of assistance and benefits for certain drug-related
convictions.
(a) In general.
(b) Effects on assistance and benefits for others.
(c) Enforcement.
(d) Limitations.
(e) "State" defined.
(f) Rule of interpretation.
862b. Sanctioning for testing positive for controlled substances.
863. Drug paraphernalia.
(a) In general.
(b) Penalties.
(c) Seizure and forfeiture.
(d) "Drug paraphernalia" defined.
(e) Matters considered in determination of what
constitutes drug paraphernalia.
(f) Exemptions.
864. Anhydrous ammonia.
PART E - ADMINISTRATIVE AND ENFORCEMENT PROVISIONS
871. Attorney General.
(a) Delegation of functions.
(b) Rules and regulations.
(c) Acceptance of devises, bequests, gifts, and
donations.
872. Education and research programs of Attorney General.
(a) Authorization.
(b) Contracts.
(c) Identification of research populations;
authorization to withhold.
(d) Affect of treaties and other international
agreements on confidentiality.
(e) Use of controlled substances in research.
(f) Program to curtail diversion of precursor and
essential chemicals.
872a. Public-private education program.
(a) Advisory panel.
(b) Continuation of current efforts.
873. Cooperative arrangements.
(a) C ooperation of Attorney General with local,
State, and Federal agencies.
(b) Requests by Attorney General for assistance from
Federal agencies or instrumentalities.
(c) Descriptive and analytic reports by Attorney
General to State agencies of distribution
patterns of schedule II substances having
highest rates of abuse.
(d) Grants by Attorney General.
874. Advisory committees.
875. Administrative hearings.
(a) Power of Attorney General.
(b) Procedures applicable.
876. Subpenas.
(a) Authorization of use by Attorney General.
(b) Service.
(c) Enforcement.
877. Judicial review.
878. Powers of enforcement personnel.
879. Search warrants.
880. Administrative inspections and warrants.
(a) "Controlled premises" defined.
(b) Grant of authority; scope of inspections.
(c) Situations not requiring warrants.
(d) Administrative inspection warrants; issuance;
execution; probable cause.
881. Forfeitures.
(a) Subject property.
(b) Seizure procedures.
(c) Custody of Attorney General.
(d) Other laws and proceedings applicable.
(e) Disposition of forfeited property.
(f) Forfeiture and destruction of schedule I and II
substances.
(g) Plants.
(h) Vesting of title in United States.
(i) Stay of civil forfeiture proceedings.
(j) Venue.
(l) Agreement between Attorney General and Postal
Service for performance of functions.
881-1, 881a. Transferred.
882. Injunctions.
(a) Jurisdiction.
(b) Jury trial.
883. Enforcement proceedings.
884. Immunity and privilege.
(a) Refusal to testify.
(b) Order of United States district court.
(c) Request by United States attorney.
885. Burden of proof; liabilities.
(a) Exemptions and exceptions; presumption in simple
possession offenses.
(b) Registration and order forms.
(c) Use of vehicles, vessels, and aircraft.
(d) Immunity of Federal, State, local and other
officials.
886. Payments and advances.
(a) Payment to informers.
(b) Reimbursement for purchase of controlled
substances.
(c) Advance of funds for enforcement purposes.
(d) Drug Pollution Fund.
886a. Diversion Control Fee Account.
887. Coordination and consolidation of post-seizure administration.
888. Repealed.
889. Production control of controlled substances.
(a) Definitions.
(b) Persons ineligible for Federal agricultural
program benefits.
(c) Regulations.
890. Review of Federal sales of chemicals usable to manufacture
controlled substances.
PART F - GENERAL PROVISIONS
901. Severability.
902. Savings provisions.
903. Application of State law.
904. Payment of tort claims.
SUBCHAPTER II - IMPORT AND EXPORT
951. Definitions.
952. Importation of controlled substances.
(a) Controlled substances in schedule I or II and
narcotic drugs in schedule III, IV, or V;
exceptions.
(b) Nonnarcotic controlled substances in schedule
III, IV, or V.
(c) Coca leaves.
953. Exportation of controlled substances.
(a) Narcotic drugs in schedule I, II, III, or IV.
(b) Exception for exportation for special scientific
purposes.
(c) Nonnarcotic controlled substances in schedule I
or II.
(d) Exception for exportation for special scientific
purposes.
(e) Nonnarcotic controlled substances in schedule III
or IV; controlled substances in schedule V.
954. Transshipment and in-transit shipment of controlled
substances.
955. Possession on board vessels, etc., arriving in or departing
from United States.
955a to 955d. Transferred.
956. Exemption authority.
(a) Individual possessing controlled substance.
(b) Compound, mixture, or preparation.
957. Persons required to register.
(a) Coverage.
(b) Exemptions.
958. Registration requirements.
(a) Applicants to import or export controlled
substances in schedule I or II.
(b) Activity limited to specified substances.
(c) Applicants to import controlled substances in
schedule III, IV, or V or to export controlled
substances in schedule III or IV; applicants to
import or export list I chemicals.
(d) Denial of applications.
(e) Registration period.
(f) Rules and regulations.
(g) Scope of authorized activity.
(h) Separate registrations for each principal place
of business.
(i) Emergency situations.
959. Possession, manufacture, or distribution of controlled
substance.
(a) Manufacture or distribution for purpose of
unlawful importation.
(b) Possession, manufacture, or distribution by
person on board aircraft.
(c) Acts committed outside territorial jurisdiction
of United States; venue.
960. Prohibited acts A.
(a) Unlawful acts.
(b) Penalties.
(c) Repealed.
(d) Penalty for importation or exportation.
961. Prohibited acts B.
962. Second or subsequent offenses.
(a) Term of imprisonment and fine.
(b) Determination of status.
(c) Procedures applicable.
963. Attempt and conspiracy.
964. Additional penalties.
965. Applicability of part E of subchapter I.
966. Authority of Secretary of the Treasury.
967. Smuggling of controlled substances; investigations; oaths;
subpenas; witnesses; evidence; production of records; territorial
limits; fees and mileage of witnesses.
968. Service of subpena; proof of service.
969. Contempt proceedings.
970. Criminal forfeitures.
971. Notification, suspension of shipment, and penalties with
respect to importation and exportation of listed chemicals.
(a) Notification prior to transaction.
(b) Regular customers or importers.
(c) Suspension of importation or exportation;
disqualification of regular customers or
importers; hearing.
(d) Broker or trader for international transaction in
listed chemical.
(e) Application of notification requirement to
exports of listed chemical; waiver.
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CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in section 801a of this title; title
10 section 374; title 18 section 3582; title 19 section 1595a;
title 22 sections 283s, 284k, 285p; title 28 section 524; title 42
section 2000e-2; title 46 App. section 1903.
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21 USC SUBCHAPTER I - CONTROL AND ENFORCEMENT 01/02/01
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TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
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SUBCHAPTER I - CONTROL AND ENFORCEMENT
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SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 333, 951, 952, 958,
960, 965, 971 of this title; title 12 section 3420; title 15
section 5110; title 16 section 559d; title 18 sections 924, 929,
981, 986, 1864, 1956, 3142, 3554, 3592, 3663; title 20 section
1415; title 22 section 2714; title 23 section 159; title 28 section
524; title 29 section 705; title 40 section 304m; title 42 sections
242, 261, 3751, 12111, 12210.
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21 USC Part A - Introductory Provisions 01/02/01
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TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part A - Introductory Provisions
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Part A - Introductory Provisions
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21 USC Sec. 801 01/02/01
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TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part A - Introductory Provisions
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Sec. 801. Congressional findings and declarations: controlled
substances
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The Congress makes the following findings and declarations:
(1) Many of the drugs included within this subchapter have a
useful and legitimate medical purpose and are necessary to maintain
the health and general welfare of the American people.
(2) The illegal importation, manufacture, distribution, and
possession and improper use of controlled substances have a
substantial and detrimental effect on the health and general
welfare of the American people.
(3) A major portion of the traffic in controlled substances flows
through interstate and foreign commerce. Incidents of the traffic
which are not an integral part of the interstate or foreign flow,
such as manufacture, local distribution, and possession,
nonetheless have a substantial and direct effect upon interstate
commerce because -
(A) after manufacture, many controlled substances are
transported in interstate commerce,
(B) controlled substances distributed locally usually have been
transported in interstate commerce immediately before their
distribution, and
(C) controlled substances possessed commonly flow through
interstate commerce immediately prior to such possession.
(4) Local distribution and possession of controlled substances
contribute to swelling the interstate traffic in such substances.
(5) Controlled substances manufactured and distributed intrastate
cannot be differentiated from controlled substances manufactured
and distributed interstate. Thus, it is not feasible to
distinguish, in terms of controls, between controlled substances
manufactured and distributed interstate and controlled substances
manufactured and distributed intrastate.
(6) Federal control of the intrastate incidents of the traffic in
controlled substances is essential to the effective control of the
interstate incidents of such traffic.
(7) The United States is a party to the Single Convention on
Narcotic Drugs, 1961, and other international conventions designed
to establish effective control over international and domestic
traffic in controlled substances.
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(Pub. L. 91-513, title II, Sec. 101, Oct. 27, 1970, 84 Stat. 1242.)
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REFERENCES IN TEXT
This subchapter, referred to in par. (1), was in the original
"this title", meaning title II of Pub. L. 91-513, Oct. 27, 1970,
84 Stat. 1242, as amended, and is popularly known as the
"Controlled Substances Act". For complete classification of title
II to the Code, see second paragraph of Short Title note set out
below and Tables.
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EFFECTIVE DATE
Section 704 of title II of Pub. L. 91-513 provided that:
"(a) Except as otherwise provided in this section, this title
(see Short Title note below) shall become effective on the first
day of the seventh calendar month that begins after the day
immediately preceding the date of enactment (Oct. 27, 1970).
"(b) Parts A, B, E, and F of this title (Parts A, B, E, and F of
this subchapter), section 702 (set out as a note under section 321
of this title), this section, and sections 705 through 709
(sections 901 to 904 of this title and note set out below), shall
become effective upon enactment (Oct. 27, 1970).
"(c) Sections 305 (relating to labels and labeling) (section 825
of this title), and 306 (relating to manufacturing quotas) (section
826 of this title) shall become effective on the date specified in
subsection (a) of this section, except that the Attorney General
may by order published in the Federal Register postpone the
effective date of either or both of these sections for such period
as he may determine to be necessary for the efficient
administration of this title (see Short Title note below)."
SHORT TITLE OF 2000 AMENDMENTS
Pub. L. 106-310, div. B, title XXXV, Sec. 3501, Oct. 17, 2000,
114 Stat. 1222, provided that: "This title (amending sections 823
and 824 of this title) may be cited as the 'Drug Addiction
Treatment Act of 2000'."
Pub. L. 106-310, div. B, title XXXVI, Sec. 3601, Oct. 17, 2000,
114 Stat. 1227, provided that: "This title (enacting section 864
of this title and sections 290aa-5b and 290bb-9 of Title 42, The
Public Health and Welfare, amending sections 802, 830, 853, 856,
and 863 of this title, sections 3663 and 3663A of Title 18, Crimes
and Criminal Procedure, section 524 of Title 28, Judiciary and
Judicial Procedure, and sections 285o-2 and 3751 of Title 42, and
enacting provisions set out as notes under this section and
sections 802, 872, 873, 886, and 1706 of this title, sections 524
and 994 of Title 28, and sections 201, 290aa-4, 290aa-5b and 3751
of Title 42) may be cited as the 'Methamphetamine
Anti-Proliferation Act of 2000'."
Pub. L. 106-172, Sec. 1, Feb. 18, 2000, 114 Stat. 7, provided
that: "This Act (amending sections 802, 827, 841 and 960 of this
title and enacting provisions set out as notes under this section
and section 812 of this title) may be cited as the 'Hillory J.
Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000'."
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105-277, div. C, title VIII, Sec. 801(a), Oct. 21, 1998,
112 Stat. 2681-693, provided that: "This title (enacting section
1713 of this title and section 2291-5 of Title 22, Foreign
Relations and Intercourse, amending section 956 of this title, and
enacting provisions set out as notes under sections 801 and 956 of
this title and section 2291 of Title 22) may be cited as the
'Western Hemisphere Drug Elimination Act'."
Pub. L. 105-277, div. C, title VIII, subtitle G (Sec. 871, 872),
Sec. 871, Oct. 21, 1998, 112 Stat. 2681-707, and Pub. L. 105-357,
Sec. 1, Nov. 10, 1998, 112 Stat. 3271, provided that such subtitle
and such Act, which amended section 956 of this title and enacted
provisions set out as notes under section 956 of this title "may
be cited as the 'Controlled Substances Trafficking Prohibition
Act'."
Pub. L. 105-277, div. E, Sec. 1, Oct. 21, 1998, 112 Stat.
2681-759, provided that: "This division (amending sections 841 and
960 of this title and section 13705 of Title 42, The Public Health
and Welfare) may be cited as the 'Methamphetamine Trafficking
Penalty Enhancement Act of 1998'."
SHORT TITLE OF 1996 AMENDMENTS
Pub. L. 104-305, Sec. 1, Oct. 13, 1996, 110 Stat. 3807, provided
that: "This Act (amending sections 841, 844, 959, and 960 of this
title and enacting provisions set out as notes under section 872 of
this title and section 994 of Title 28, Judiciary and Judicial
Procedure) may be cited as the 'Drug-Induced Rape Prevention and
Punishment Act of 1996'."
Pub. L. 104-237, Sec. 1(a), Oct. 3, 1996, 110 Stat. 3099,
provided that: "This Act (enacting section 872a of this title,
amending sections 802, 814, 830, 841 to 844, 853, 881, 959, and 960
of this title and section 1607 of Title 19, Customs Duties, and
enacting provisions set out as notes under this section and
sections 802, 872, and 971 of this title, section 994 of Title 28,
Judiciary and Judicial Procedure, and section 290aa-4 of Title 42,
The Public Health and Welfare) may be cited as the 'Comprehensive
Methamphetamine Control Act of 1996'."
SHORT TITLE OF 1994 AMENDMENT
Pub. L. 103-322, title XVIII, Sec. 180201(a), Sept. 13, 1994, 108
Stat. 2046, provided that: "This section (enacting section 849 of
this title, amending section 841 of this title, and enacting
provisions set out as a note under section 994 of Title 28,
Judiciary and Judicial Procedure) may be cited as the 'Drug Free
Truck Stop Act'."
SHORT TITLE OF 1993 AMENDMENT
Pub. L. 103-200, Sec. 1, Dec. 17, 1993, 107 Stat. 2333, provided
that: "This Act (enacting section 814 of this title, amending
sections 802, 821 to 824, 830, 843, 880, 957, 958, 960, and 971 of
this title, and enacting provisions set out as a note under section
802 of this title) may be cited as the 'Domestic Chemical Diversion
Control Act of 1993'."
SHORT TITLE OF 1990 AMENDMENT
Pub. L. 101-647, title XIX, Sec. 1901, Nov. 29, 1990, 104 Stat.
4851, provided that: "This Act (probably means title XIX of Pub.
L. 101-647, which amended sections 333, 802, 812, and 844 of this
title and section 290aa-6 of Title 42, The Public Health and
Welfare, repealed section 333a of this title, and enacted
provisions set out as notes under sections 802 and 829 of this
title) may be cited as the 'Anabolic Steroids Control Act of
1990'."
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100-690, title VI, Sec. 6001, Nov. 18, 1988, 102 Stat.
4312, provided that: "This title (see Tables for classification)
may be cited as the 'Anti-Drug Abuse Amendments Act of 1988'."
Pub. L. 100-690, title VI, Sec. 6051, Nov. 18, 1988, 102 Stat.
4312, provided that: "This subtitle (subtitle A (Sec. 6051-6061)
of title VI of Pub. L. 100-690, enacting section 971 of this title,
amending sections 802, 830, 841 to 843, 872, 876, 881, 960, and 961
of this title, and enacting provisions set out as notes under
sections 802 and 971 of this title) may be cited as the 'Chemical
Diversion and Trafficking Act of 1988'."
Pub. L. 100-690, title VI, Sec. 6071, Nov. 18, 1988, 102 Stat.
4320, provided that: "This subtitle (subtitle B (Sec. 6071-6080)
of title VI of Pub. L. 100-690, enacting sections 881-1, 887, and
1509 of this title, amending section 881 of this title, section
1594 of Title 19, Customs Duties, section 524 of Title 28,
Judiciary and Judicial Procedure, and section 782 of former Title
49, Transportation, and enacting provisions set out as notes under
section 881 of this title) may be cited as the 'Asset Forfeiture
Amendments Act of 1988'."
SHORT TITLE OF 1986 AMENDMENT
Pub. L. 99-570, Sec. 1, Oct. 27, 1986, 100 Stat. 3207, provided
that: "This Act (see Tables for classification) may be cited as
the 'Anti-Drug Abuse Act of 1986'."
Pub. L. 99-570, title I, Sec. 1001, Oct. 27, 1986, 100 Stat.
3207-2, provided that: "This subtitle (subtitle A (Sec. 1001-1009)
of title I of Pub. L. 99-570, amending sections 802, 841, 845,
845a, 848, 881, 960, and 962 of this title, sections 3553 and 3583
of Title 18, Crimes and Criminal Procedure, rule 35 of the Federal
Rules of Criminal Procedure, Title 18, Appendix, and section 994 of
Title 28, Judiciary and Judicial Procedure, and enacting provisions
set out as notes under section 841 of this title, sections 3553 and
3583 of Title 18, and rule 35 of the Federal Rules of Criminal
Procedure) may be cited as the 'Narcotics Penalties and Enforcement
Act of 1986'."
Pub. L. 99-570, title I, Sec. 1051, Oct. 27, 1986, 100 Stat.
3207-8, provided that: "This subtitle (subtitle B (Sec. 1051,
1052) of title I of Pub. L. 99-570, amending section 844 of this
title) may be cited as the 'Drug Possession Penalty Act of 1986'."
Pub. L. 99-570, title I, Sec. 1101, Oct. 27, 1986, 100 Stat.
3207-10, provided that: "This subtitle (subtitle C (Sec.
1101-1105) of title I of Pub. L. 99-570, enacting section 845b of
this title and amending sections 841, 845, and 845a of this title)
may be cited as the 'Juvenile Drug Trafficking Act of 1986'."
Pub. L. 99-570, title I, Sec. 1201, Oct. 27, 1986, 100 Stat.
3207-13, provided that: "This subtitle (subtitle E (Sec.
1201-1204) of title I of Pub. L. 99-570, enacting section 813 of
this title and amending section 802 of this title) may be cited as
the 'Controlled Substance Analogue Enforcement Act of 1986'."
Pub. L. 99-570, title I, Sec. 1251, Oct. 27, 1986, 100 Stat.
3207-14, provided that: "This subtitle (subtitle F (Sec.
1251-1253) of title I of Pub. L. 99-570, amending section 848 of
this title) may be cited as the 'Continuing Drug Enterprises Act of
1986'."
Pub. L. 99-570, title I, Sec. 1301, Oct. 27, 1986, 100 Stat.
3207-15, provided that: "This subtitle (subtitle G (Sec. 1301,
1302) of title I of Pub. L. 99-570, amending section 960 of this
title) may be cited as the 'Controlled Substances Import and Export
Penalties Enhancement Act of 1986'."
Pub. L. 99-570, title I, Sec. 1821, Oct. 27, 1986, 100 Stat.
3207-51, which provided that subtitle O (Sec. 1821-1823) of title I
of Pub. L. 99-570, enacting section 857 of this title and
provisions set out as a note under section 857 of this title, was
to be cited as the "Mail Order Drug Paraphernalia Control Act",
was repealed by Pub. L. 101-647, title XXIV, Sec. 2401(d), Nov. 29,
1990, 104 Stat. 4859.
Pub. L. 99-570, title I, Sec. 1991, Oct. 27, 1986, 100 Stat.
3207-59, provided that: "This subtitle (subtitle U (Sec. 1991,
1992) of title I of Pub. L. 99-570, amending section 881 of this
title) may be cited as the 'Federal Drug Law Enforcement Agent
Protection Act of 1986'."
SHORT TITLE OF 1984 AMENDMENT
Pub. L. 98-473, title II, Sec. 501, Oct. 12, 1984, 98 Stat. 2068,
provided that: "This chapter (chapter V (Sec. 501-525) of title II
of Pub. L. 98-473, enacting section 845a of this title, amending
sections 802, 811, 812, 822-824, 827, 841, 843, 845, 873, 881, 952,
953, 957, 958, 960, and 962 of this title, and enacting provisions
set out as a note under this section) may be cited as the
'Controlled Substances Penalties Amendments Act of 1984'."
Pub. L. 98-473, title II, Sec. 506(a), Oct. 12, 1984, 98 Stat.
2070, provided that: "This part (part B of chapter V (Sec.
506-525) of title II of Pub. L. 98-473, amending sections 802, 811,
812, 822-824, 827, 843, 873, 881, 952, 953, 957, and 958 of this
title) may be cited as the 'Dangerous Drug Diversion Control Act of
1984'."
SHORT TITLE OF 1978 AMENDMENT
Pub. L. 95-633, Sec. 1, Nov. 10, 1978, 92 Stat. 3768, provided:
"That this Act (enacting sections 801a, 830, and 852 of this
title, amending sections 352, 802, 811, 812, 823, 827, 841 to 843,
872, 881, 952, 953, and 965 of this title and section 242a of Title
42, The Public Health and Welfare, repealing section 830 of this
title (effective Jan. 1, 1981), and enacting provisions set out as
notes under sections 801a, 812, and 830 of this title) may be cited
as the 'Psychotropic Substances Act of 1978'."
SHORT TITLE OF 1974 AMENDMENT
Pub. L. 93-281, Sec. 1, May 14, 1974, 88 Stat. 124, provided:
"That this Act (amending sections 802, 823, 824, and 827 of this
title) may be cited as the 'Narcotic Addict Treatment Act of
1974'."
SHORT TITLE
Pub. L. 91-513, in the provisions preceding section 1 immediately
following the enacting clause, provided: "That this Act (enacting
this chapter and sections 257a, 2688l-1, 2688n-1, and 3509 of Title
42, The Public Health and Welfare, amending sections 162, 198a,
321, 331, 333, 334, 360, 372, and 381 of this title, sections 1114,
1952, and 4251 of Title 18, Crimes and Criminal Procedure, sections
1584, 2078, 2079, and 2080 of Title 19, Customs Duties, sections
4901, 4905, 6808, 7012, 7103, 7326, 7607, 7609, 7641, 7651, and
7655 of Title 26, Internal Revenue Code, section 2901 of Title 28,
Judiciary and Judicial Procedure, section 304m of Title 40, Public
Buildings, Property, and Works, sections 201, 225a, 242, 242a, 246,
257, 258, 259, 260, 261, 261a, 2688k, 2688l, 2688m, 2688n, 2688o,
2688r, and 3411 of Title 42, The Public Health and Welfare, section
239a of former Title 46, Shipping, and section 787 of Title 49,
Appendix, Transportation, repealing sections 171 to 174, 176 to
185, 188 to 188n, 191 to 193, 197, 198, 199, 360a, and 501 to 517
of this title, sections 1401 to 1407 and 3616 of Title 18, sections
4701 to 4707, 4711 to 4716, 4721 to 4726, 4731 to 4736, 4741 to
4746, 4751 to 4757, 4761, 4762, 4771 to 4776, 7237, 7238, and 7491
of Title 26, sections 529a and 529g of former Title 31, Money and
Finance, and section 1421m of Title 48, Territories and Insular
Possessions, and enacting provisions set out as notes under this
section and sections 171, 321, 822, 951, and 957 of this title) may
be cited as the 'Comprehensive Drug Abuse Prevention and Control
Act of 1970'."
Section 100 of title II of Pub. L. 91-513 provided that: "This
title (enacting this subchapter, repealing section 360a of this
title, amending sections 321, 331, 333, 334, 360, 372, and 381 of
this title, sections 1114 and 1952 of Title 18, Crimes and Criminal
Procedure, and section 242 of Title 42, The Public Health and
Welfare, and enacting provisions set out as notes under this
section and sections 321 and 822 of this title) may be cited as the
'Controlled Substances Act'."
For short title and complete classification of title III of Pub.
L. 91-513, which enacted subchapter II of this chapter, as the
"Controlled Substances Import and Export Act", see section 1000
of Pub. L. 91-513, set out as a note under section 951 of this
title.
SEVERABILITY
Pub. L. 106-310, div. B, title XXXVI, Sec. 3673, Oct. 17, 2000,
114 Stat. 1246, provided that: "Any provision of this title (see
Short Title of 2000 Amendments note above) held to be invalid or
unenforceable by its terms, or as applied to any person or
circumstance, shall be construed as to give the maximum effect
permitted by law, unless such provision is held to be utterly
invalid or unenforceable, in which event such provision shall be
severed from this title and shall not affect the applicability of
the remainder of this title, or of such provision, to other persons
not similarly situated or to other, dissimilar circumstances."
CONTINUATION OF ORDERS, RULES, AND REGULATIONS
Section 705 of title II of Pub. L. 91-513 provided that: "Any
orders, rules, and regulations which have been promulgated under
any law affected by this title (see Short Title note above) and
which are in effect on the day preceding enactment of this title
(Oct. 27, 1970) shall continue in effect until modified,
superseded, or repealed."
ANTI-DRUG MESSAGES ON FEDERAL GOVERNMENT INTERNET SITES
Pub. L. 106-391, title III, Sec. 320, Oct. 30, 2000, 114 Stat.
1597, provided that: "Not later than 90 days after the date of the
enactment of this Act (Oct. 30, 2000), the Administrator (of the
National Aeronautics and Space Administration), in consultation
with the Director of the Office of National Drug Control Policy,
shall place anti-drug messages on Internet sites controlled by the
National Aeronautics and Space Administration."
Pub. L. 106-310, div. B, title XXXVI, Sec. 3671, Oct. 17, 2000,
114 Stat. 1245, provided that: "Not later than 90 days after the
date of the enactment of this Act (Oct. 17, 2000), the head of each
department, agency, and establishment of the Federal Government
shall, in consultation with the Director of the Office of National
Drug Control Policy, place antidrug messages on appropriate
Internet websites controlled by such department, agency, or
establishment which messages shall, where appropriate, contain an
electronic hyperlink to the Internet website, if any, of the
Office."
PROTOCOLS FOR INVESTIGATIONS AND PROSECUTIONS RELATING TO DATE-RAPE
DRUGS AND OTHER CONTROLLED SUBSTANCES; ANNUAL REPORT; NATIONAL
AWARENESS CAMPAIGN
Pub. L. 106-172, Sec. 6, 7, Feb. 18, 2000, 114 Stat. 11, provided
that:
"SEC. 6. DEVELOPMENT OF MODEL PROTOCOLS, TRAINING MATERIALS,
FORENSIC FIELD TESTS, AND COORDINATION MECHANISM FOR
INVESTIGATIONS AND PROSECUTIONS RELATING TO GAMMA
HYDROXYBUTYRIC ACID, OTHER CONTROLLED SUBSTANCES, AND DESIGNER
DRUGS.
"(a) In General. - The Attorney General, in consultation with
the Administrator of the Drug Enforcement Administration and the
Director of the Federal Bureau of Investigation, shall -
"(1) develop -
"(A) model protocols for the collection of toxicology
specimens and the taking of victim statements in connection
with investigations into and prosecutions related to possible
violations of the Controlled Substances Act (21 U.S.C. 801 et
seq.) or other Federal or State laws that result in or
contribute to rape, other crimes of violence, or other crimes
involving abuse of gamma hydroxybutyric acid, other controlled
substances, or so-called 'designer drugs'; and
"(B) model training materials for law enforcement personnel
involved in such investigations; and
"(2) make such protocols and training materials available to
Federal, State, and local personnel responsible for such
investigations.
"(b) Grant. -
"(1) In general. - The Attorney General shall make a grant, in
such amount and to such public or private person or entity as the
Attorney General considers appropriate, for the development of
forensic field tests to assist law enforcement officials in
detecting the presence of gamma hydroxybutyric acid and related
substances.
"(2) Authorization of appropriations. - There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
"(c) Report. - Not later than 180 days after the date of the
enactment of this Act (Feb. 18, 2000), the Attorney General shall
submit to the Committees on the Judiciary of the Senate and House
of Representatives a report on current mechanisms for coordinating
Federal, State, and local investigations into and prosecutions
related to possible violations of the Controlled Substances Act (21
U.S.C. 801 et seq.) or other Federal or State laws that result in
or contribute to rape, other crimes of violence, or other crimes
involving the abuse of gamma hydroxybutyric acid, other controlled
substances, or so-called 'designer drugs'. The report shall also
include recommendations for the improvement of such mechanisms.
"SEC. 7. ANNUAL REPORT REGARDING DATE-RAPE DRUGS; NATIONAL
AWARENESS CAMPAIGN.
"(a) Annual Report. - The Secretary of Health and Human Services
(in this section referred to as the 'Secretary') shall periodically
submit to Congress reports each of which provides an estimate of
the number of incidents of the abuse of date-rape drugs (as defined
in subsection (c)) that occurred during the most recent 1-year
period for which data are available. The first such report shall
be submitted not later than January 15, 2000, and subsequent
reports shall be submitted annually thereafter.
"(b) National Awareness Campaign. -
"(1) Development of plan; recommendations of advisory
committee. -
"(A) In general. - The Secretary, in consultation with the
Attorney General, shall develop a plan for carrying out a
national campaign to educate individuals described in
subparagraph (B) on the following:
"(i) The dangers of date-rape drugs.
"(ii) The applicability of the Controlled Substances Act
(21 U.S.C. 801 et seq.) to such drugs, including penalties
under such Act.
"(iii) Recognizing the symptoms that indicate an
individual may be a victim of such drugs, including symptoms
with respect to sexual assault.
"(iv) Appropriately responding when an individual has such
symptoms.
"(B) Intended population. - The individuals referred to in
subparagraph (A) are young adults, youths, law enforcement
personnel, educators, school nurses, counselors of rape
victims, and emergency room personnel in hospitals.
"(C) Advisory committee. - Not later than 180 days after the
date of the enactment of this Act (Feb. 18, 2000), the
Secretary shall establish an advisory committee to make
recommendations to the Secretary regarding the plan under
subparagraph (A). The committee shall be composed of
individuals who collectively possess expertise on the effects
of date-rape drugs and on detecting and controlling the drugs.
"(2) Implementation of plan. - Not later than 180 days after
the date on which the advisory committee under paragraph (1) is
established, the Secretary, in consultation with the Attorney
General, shall commence carrying out the national campaign under
such paragraph in accordance with the plan developed under such
paragraph. The campaign may be carried out directly by the
Secretary and through grants and contracts.
"(3) Evaluation by general accounting office. - Not later than
2 years after the date on which the national campaign under
paragraph (1) is commenced, the Comptroller General of the United
States shall submit to Congress an evaluation of the effects with
respect to date-rape drugs of the national campaign.
"(c) Definition. - For purposes of this section, the term
'date-rape drugs' means gamma hydroxybutyric acid and its salts,
isomers, and salts of isomers and such other drugs or substances as
the Secretary, after consultation with the Attorney General,
determines to be appropriate."
CONGRESSIONAL FINDINGS REGARDING METHAMPHETAMINE MANUFACTURE AND
ABUSE
Pub. L. 104-237, Sec. 2, Oct. 3, 1996, 110 Stat. 3100, provided
that: "The Congress finds the following:
"(1) Methamphetamine is a very dangerous and harmful drug. It
is highly addictive and is associated with permanent brain damage
in long-term users.
"(2) The abuse of methamphetamine has increased dramatically
since 1990. This increased use has led to devastating effects on
individuals and the community, including -
"(A) a dramatic increase in deaths associated with
methamphetamine ingestion;
"(B) an increase in the number of violent crimes associated
with methamphetamine ingestion; and
"(C) an increase in criminal activity associated with the
illegal importation of methamphetamine and precursor compounds
to support the growing appetite for this drug in the United
States.
"(3) Illegal methamphetamine manufacture and abuse presents an
imminent public health threat that warrants aggressive law
enforcement action, increased research on methamphetamine and
other substance abuse, increased coordinated efforts to prevent
methamphetamine abuse, and increased monitoring of the public
health threat methamphetamine presents to the communities of the
United States."
SUPPORT FOR INTERNATIONAL EFFORTS TO CONTROL METHAMPHETAMINE AND
PRECURSORS
Pub. L. 104-237, title I, Sec. 101, Oct. 3, 1996, 110 Stat. 3100,
provided that: "The Attorney General, in consultation with the
Secretary of State, shall coordinate international drug enforcement
efforts to decrease the movement of methamphetamine and
methamphetamine precursors into the United States."
INTERAGENCY METHAMPHETAMINE TASK FORCE
Pub. L. 104-237, title V, Sec. 501, Oct. 3, 1996, 110 Stat. 3111,
provided that:
"(a) Establishment. - There is established a 'Methamphetamine
Interagency Task Force' (referred to as the 'interagency task
force') which shall consist of the following members:
"(1) The Attorney General, or a designee, who shall serve as
chair.
"(2) 2 representatives selected by the Attorney General.
"(3) The Secretary of Education or a designee.
"(4) The Secretary of Health and Human Services or a designee.
"(5) 2 representatives of State and local law enforcement and
regulatory agencies, to be selected by the Attorney General.
"(6) 2 representatives selected by the Secretary of Health and
Human Services.
"(7) 5 nongovernmental experts in drug abuse prevention and
treatment to be selected by the Attorney General.
"(b) Responsibilities. - The interagency task force shall be
responsible for designing, implementing, and evaluating the
education and prevention and treatment practices and strategies of
the Federal Government with respect to methamphetamine and other
synthetic stimulants.
"(c) Meetings. - The interagency task force shall meet at least
once every 6 months.
"(d) Funding. - The administrative expenses of the interagency
task force shall be paid out of existing Department of Justice
appropriations.
"(e) FACA. - The Federal Advisory Committee Act (5 U.S.C. App.
2) (5 U.S.C. App.) shall apply to the interagency task force.
"(f) Termination. - The interagency task force shall terminate 4
years after the date of enactment of this Act (Oct. 3, 1996)."
SUSPICIOUS ORDERS TASK FORCE
Pub. L. 104-237, title V, Sec. 504, Oct. 3, 1996, 110 Stat. 3112,
provided that:
"(a) In General. - The Attorney General shall establish a
'Suspicious Orders Task Force' (the 'Task Force') which shall
consist of -
"(1) appropriate personnel from the Drug Enforcement
Administration (the 'DEA') and other Federal, State, and local
law enforcement and regulatory agencies with the experience in
investigating and prosecuting illegal transactions of listed
chemicals and supplies; and
"(2) representatives from the chemical and pharmaceutical
industry.
"(b) Responsibilities. - The Task Force shall be responsible for
developing proposals to define suspicious orders of listed
chemicals, and particularly to develop quantifiable parameters
which can be used by registrants in determining if an order is a
suspicious order which must be reported to DEA. The quantifiable
parameters to be addressed will include frequency of orders,
deviations from prior orders, and size of orders. The Task Force
shall also recommend provisions as to what types of payment
practices or unusual business practices shall constitute prima
facie suspicious orders. In evaluating the proposals, the Task
Force shall consider effectiveness, cost and feasibility for
industry and government, and other relevant factors.
"(c) Meetings. - The Task Force shall meet at least two times
per year and at such other times as may be determined necessary by
the Task Force.
"(d) Report. - The Task Force shall present a report to the
Attorney General on its proposals with regard to suspicious orders
and the electronic reporting of suspicious orders within one year
of the date of enactment of this Act (Oct. 3, 1996). Copies of the
report shall be forwarded to the Committees of the Senate and House
of Representatives having jurisdiction over the regulation of
listed chemical and controlled substances.
"(e) Funding. - The administrative expenses of the Task Force
shall be paid out of existing Department of Justice funds or
appropriations.
"(f) FACA. - The Federal Advisory Committee Act (5 U.S.C. App.
2) (5 U.S.C. App.) shall apply to the Task Force.
"(g) Termination. - The Task Force shall terminate upon
presentation of its report to the Attorney General, or two years
after the date of enactment of this Act (Oct. 3, 1996), whichever
is sooner."
JOINT FEDERAL TASK FORCE ON ILLEGAL DRUG LABORATORIES
Pub. L. 100-690, title II, Sec. 2405, Nov. 18, 1988, 102 Stat.
4231, provided that:
"(a) Establishment of Task Force. - There is established the
Joint Federal Task Force on Illegal Drug Laboratories (hereafter in
this section referred to as the 'Task Force').
"(b) Appointment and Membership of Task Force. - The members of
the Task Force shall be appointed by the Administrators of the
Environmental Protection Agency and the Drug Enforcement
Administration (hereafter in this section referred to as the
'Administrators'). The Task Force shall consist of at least 6 and
not more than 20 members. Each Administrator shall appoint
one-half of the members as follows: (1) the Administrator of the
Environmental Protection Agency shall appoint members from among
Emergency Response Technicians and other appropriate employees of
the Agency; and (2) the Administrator of the Drug Enforcement
Administration shall appoint members from among Special Agents
assigned to field divisions and other appropriate employees of the
Administration.
"(c) Duties of Task Force. - The Task Force shall formulate,
establish, and implement a program for the cleanup and disposal of
hazardous waste produced by illegal drug laboratories. In
formulating such program, the Task Force shall consider the
following factors:
"(1) The volume of hazardous waste produced by illegal drug
laboratories.
"(2) The cost of cleaning up and disposing of hazardous waste
produced by illegal drug laboratories.
"(3) The effectiveness of the various methods of cleaning up
and disposing of hazardous waste produced by illegal drug
laboratories.
"(4) The coordination of the efforts of the Environmental
Protection Agency and the Drug Enforcement Administration in
cleaning up and disposing of hazardous waste produced by illegal
drug laboratories.
"(5) The dissemination of information to law enforcement
agencies that have responsibility for enforcement of drug laws.
"(d) Guidelines. - The Task Force shall recommend to the
Administrators guidelines for cleanup of illegal drug laboratories
to protect the public health and environment. Not later than 180
days after the date of the enactment of this subtitle (Nov. 18,
1988), the Administrators shall formulate and publish such
guidelines.
"(e) Demonstration Projects. -
"(1) The Attorney General shall make grants to, and enter into
contracts with, State and local governments for demonstration
projects to clean up and safely dispose of substances associated
with illegal drug laboratories which may present a danger to
public health or the environment.
"(2) The Attorney General may not under this subsection make a
grant or enter into a contract unless the applicant for such
assistance agrees to comply with the guidelines issued pursuant
to subsection (d).
"(3) The Attorney General shall, through grant or contract,
provide for independent evaluations of the activities carried out
pursuant to this subsection and shall recommend appropriate
legislation to the Congress.
"(f) Funding. - Of the amounts made available to carry out the
Controlled Substances Act (21 U.S.C. 801 et seq.) for fiscal year
1989, not less than $5,000,000 shall be made available to carry out
subsections (d) and (e).
"(g) Reports. - After consultation with the Task Force, the
Administrators shall -
"(1) transmit to the President and to each House of Congress
not later than 270 days after the date of the enactment of this
subtitle (Nov. 18, 1988) a report describing the program
established by the Task Force under subsection (c) (including an
analysis of the factors specified in paragraphs (1) through (5)
of that subsection);
"(2) periodically transmit to the President and to each House
of Congress reports describing the implementation of the program
established by the Task Force under subsection (c) (including an
analysis of the factors specified in paragraphs (1) through (5)
of that subsection) and the progress made in the cleanup and
disposal of hazardous waste produced by illegal drug
laboratories; and
"(3) transmit to each House of Congress a report describing
the findings made as a result of the evaluations referred to in
subsection (e)(3)."
GREAT LAKES DRUG INTERDICTION
Pub. L. 100-690, title VII, Sec. 7404, Nov. 18, 1988, 102 Stat.
4484, provided that:
"(a) Interagency Agreement. - The Secretary of Transportation
and the Secretary of the Treasury shall enter into an agreement for
the purpose of increasing the effectiveness of maritime drug
interdiction activities of the Coast Guard and the Customs Service
in the Great Lakes area.
"(b) Negotiations With Canada on Drug Enforcement Cooperation. -
The Secretary of State is encouraged to enter into negotiations
with appropriate officials of the Government of Canada for the
purpose of establishing an agreement between the United States and
Canada which provides for increased cooperation and sharing of
information between United States and Canadian law enforcement
officials with respect to law enforcement efforts conducted on the
Great Lakes between the United States and Canada."
GAO STUDY OF CAPABILITIES OF UNITED STATES TO CONTROL DRUG
SMUGGLING INTO UNITED STATES
Pub. L. 100-180, div. A, title XII, Sec. 1241, Dec. 4, 1987, 101
Stat. 1162, directed Comptroller General of the United States to
conduct a comprehensive study regarding smuggling of illegal drugs
into United States and current capabilities of United States to
deter such smuggling, with special consideration given to issues
involving use of military and National Guard units along with
Customs Service in cooperative drug smuggling interdiction efforts,
and to issue, not later than Apr. 30, 1988, and Mar. 31, 1989,
reports to Congress outlining results of this study.
COMPLIANCE WITH BUDGET ACT
Pub. L. 99-570, Sec. 3, Oct. 27, 1986, 100 Stat. 3207-1, provided
that: "Notwithstanding any other provision of this Act (see Tables
for classification), any spending authority and any credit
authority provided under this Act shall be effective for any fiscal
year only to such extent or in such amounts as are provided in
appropriation Acts. For purposes of this Act, the term 'spending
authority' has the meaning provided in section 401(c)(2) of the
Congressional Budget Act of 1974 (2 U.S.C. 651(c)(2)) and the term
'credit authority' has the meaning provided in section 3(10) of the
Congresssional (sic) Budget Act of 1974 (2 U.S.C. 622(10))."
DRUG INTERDICTION
Pub. L. 99-570, title III, Sec. 3001-3003, 3301, Oct. 27, 1986,
100 Stat. 3207-73, 3207-74, 3207-98, as amended by Pub. L. 104-66,
title I, Sec. 1091(a), Dec. 21, 1995, 109 Stat. 722, provided that:
"SEC. 3001. SHORT TITLE.
"This title (enacting section 379 of Title 10, Armed Forces,
sections 1590, 1628, 1629, and 2081 of Title 19, Customs Duties,
and section 312a of Title 47, Telegraphs, Telephones, and
Radiotelegraphs, amending section 959 of this title, sections 374
and 911 of Title 10, sections 507, 1401, 1433, 1436, 1454, 1459,
1497, 1509, 1584 to 1586, 1594 to 1595a, 1613, 1613b, 1619, and
1622 of Title 19, section 5316 of Title 31, Money and Finance,
section 12109 of Title 46, Shipping, sections 1901 to 1904 of Title
46, Appendix, Shipping, and sections 1401, 1472, 1474, and 1509 of
former Title 49, Transportation, repealing section 1460 of Title
19, enacting provisions set out as notes under section 801 of this
title, sections 371, 374, 525, and 9441 of Title 10, sections 1613b
and 1654 of Title 19, section 403 of Title 23, Highways, section
1901 of Title 46, Appendix, section 11344 of Title 49, and section
1509 of former Title 49, and repealing provisions set out as a note
under section 89 of Title 14, Coast Guard) may be cited as the
'National Drug Interdiction Improvement Act of 1986'.
"SEC. 3002. FINDINGS.
"The Congress hereby finds that -
"(1) a balanced, coordinated, multifaceted strategy for
combating the growing drug abuse and drug trafficking problem in
the United States is essential in order to stop the flow and
abuse of drugs within our borders;
"(2) a balanced, coordinated, multifaceted strategy for
combating the narcotics drug abuse and trafficking in the United
States should include -
"(A) increased investigations of large networks of drug
smuggler organizations;
"(B) source country drug eradication;
"(C) increased emphasis on stopping narcotics traffickers in
countries through which drugs are transshipped;
"(D) increased emphasis on drug education programs in the
schools and workplace;
"(E) increased Federal Government assistance to State and
local agencies, civic groups, school systems, and officials in
their efforts to combat the drug abuse and trafficking problem
at the local level; and
"(F) increased emphasis on the interdiction of drugs and
drug smugglers at the borders of the United States, in the air,
at sea, and on the land;
"(3) funds to support the interdiction of narcotics smugglers
who threaten the transport of drugs through the air, on the sea,
and across the land borders of the United States should be
emphasized in the Federal Government budget process to the same
extent as the other elements of a comprehensive antidrug effort
are emphasized;
"(4) the Department of Defense and the use of its resources
should be an integral part of a comprehensive, natonal (national)
drug interdiction program;
"(5) the Federal Government civilian agencies engaged in drug
interdiction, particularly the United States Customs Service and
the Coast Guard, currently lack the aircraft, ships, radar,
command, control, communications, and intelligence (C3I) system,
and manpower resources necessary to mount a comprehensive attack
on the narcotics traffickers who threaten the United States;
"(6) the civilian drug interdiction agencies of the United
States are currently interdicting only a small percentage of the
illegal, drug smuggler penetrations in the United States every
year;
"(7) the budgets for our civilian drug interdiction agencies,
primarily the United States Customs Service and the Coast Guard,
have not kept pace with those of the traditional investigative
law enforcement agencies of the Department of Justice; and
"(8) since the amendment of the Posse Comitatus Act (18 U.S.C.
1385) in 1981, the Department of Defense has assisted in the
effort to interdict drugs, but they can do more.
"SEC. 3003. PURPOSES.
"It is the purpose of this title -
"(1) to increase the level of funding and resources available
to civilian drug interdiction agencies of the Federal Government;
"(2) to increase the level of support from the Department of
Defense as consistent with the Posse Comitatus Act (18 U.S.C.
1385), for interdiction of the narcotics traffickers before such
traffickers penetrate the borders of the United States; and
"(3) to improve other drug interdiction programs of the
Federal Government.
"SEC. 3301. ESTABLISHMENT OF A UNITED STATES-BAHAMAS DRUG
INTERDICTION TASK FORCE
"(a) Authorization of Appropriations. -
"(1) Establishment of a united states-bahamas drug
interdiction task force. - (A) There is authorized to be
established a United States-Bahamas Drug Interdiction Task Force
to be operated jointly by the United States Government and the
Government of the Bahamas.
"(B) The Secretary of State, the Commandant of the Coast
Guard, the Commissioner of Customs, the Attorney General, and the
head of the National Narcotics Border Interdiction System
(NNBIS), shall upon enactment of this Act (Oct. 27, 1986),
immediately commence negotiations with the Government of the
Bahamas to enter into a detailed agreement for the establishment
and operation of a new drug interdiction task force, including
plans for (i) the joint operation and maintenance of any drug
interdiction assets authorized for the task force in this section
and section 3141 (see 19 U.S.C. 2075), and (ii) any training and
personnel enhancements authorized in this section and section
3141.
"(2) Amounts authorized. - There are authorized to be
appropriated, in addition to any other amounts authorized to be
appropriated in this title (see section 3001 of Pub. L. 99-570
set out above), $10,000,000 for the following:
"(A) $9,000,000 for 3 drug interdiction pursuit helicopters
for use primarily for operations of the United States-Bahamas
Drug Interdiction Task Force established under this section;
and
"(B) $1,000,000 to enhance communications capabilities for
the operation of a United States-Bahamas Drug Interdiction Task
Force established under this section.
"(3) Coast guard-bahamas drug interdiction docking facility. -
(A) There is authorized to be appropriated for acquisition,
construction, and improvements for the Coast Guard for fiscal
year 1987, $5,000,000, to be used for initial design engineering,
and other activities for construction of a drug interdiction
docking facility in the Bahamas to facilitate Coast Guard and
Bahamian drug interdiction operations in and through the Bahama
Islands. Of the amounts authorized to be appropriated in this
subsection, such sums as may be necessary shall be available for
necessary communication and air support.
"(B) The Commandant of the Coast Guard shall use such amounts
appropriated pursuant to the authorization in this paragraph as
may be necessary to establish a repair, maintenance, and boat
lift facility to provide repair and maintenance services for both
Coast Guard and Bahamian marine drug interdiction equipment,
vessels, and related assets.
"(b) Concurrence by Secretary of State. - Programs authorized by
this section may be carried out only with the concurrence of the
Secretary of State."
INFORMATION ON DRUG ABUSE AT THE WORKPLACE
Pub. L. 99-570, title IV, Sec. 4303, Oct. 27, 1986, 100 Stat.
3207-154, directed Secretary of Labor to collect such information
as is available on the incidence of drug abuse in the workplace and
efforts to assist workers, including counseling, rehabilitation and
employee assistance programs, to conduct such additional research
as is necessary to assess the impact and extent of drug abuse and
remediation efforts, and submit the findings of such collection and
research to Congress no later than two years from Oct. 27, 1986.
INTERAGENCY COORDINATION
Pub. L. 99-570, title IV, Sec. 4304, Oct. 27, 1986, 100 Stat.
3207-154, provided that:
"(a) The Secretary of Education, the Secretary of Health and
Human Services, and the Secretary of Labor shall each designate an
officer or employee of the Departments of Education, Health and
Human Services, and Labor, respectively, to coordinate interagency
drug abuse prevention activities to prevent duplication of effort.
"(b) Within one year after enactment of this Act (Oct. 27,
1986), a report shall be jointly submitted to the Congress by such
Secretaries concerning the extent to which States and localities
have been able to implement non-duplicative drug abuse prevention
activities."
SUBSTANCE ABUSE COVERAGE STUDY
Pub. L. 99-570, title VI, Sec. 6005, Oct. 27, 1986, 100 Stat.
3207-160, as amended by Pub. L. 100-690, title II, Sec. 2058(c),
Nov. 18, 1988, 102 Stat. 4214, directed Secretary of Health and
Human Services to contract with Institute of Medicine of National
Academy of Sciences to conduct a study of extent to which cost of
drug abuse treatment is covered by private insurance, public
programs, and other sources of payment, and adequacy of such
coverage for the rehabilitation of drug abusers, and not later than
18 months after execution of such contract to transmit to Congress
a report of results of study, including recommendations of means to
meet the needs identified in such study.
HEALTH INSURANCE COVERAGE FOR DRUG AND ALCOHOL TREATMENT
Pub. L. 99-570, title VI, Sec. 6006, Oct. 27, 1986, 100 Stat.
3207-160, provided that:
"(a) Findings. - The Congress finds that -
"(1) drug and alcohol abuse are problems of grave concern and
consequence in American society;
"(2) over 500,000 individuals are known heroin addicts; 5
million individuals use cocaine; and at least 7 million
individuals regularly use prescription drugs, mostly addictive
ones, without medical supervision;
"(3) 10 million adults and 3 million children and adolescents
abuse alcohol, and an additional 30 to 40 million people are
adversely affected because of close family ties to alcoholics;
"(4) the total cost of drug abuse to the Nation in 1983 was
over $60,000,000,000; and
"(5) the vast majority of health benefits plans provide only
limited coverage for treatment of drug and alcohol addiction,
which is a fact that can discourage the abuser from seeking
treatment or, if the abuser does seek treatment, can cause the
abuser to face significant out of pocket expenses for the
treatment.
"(b) Sense of Congress. - It is the sense of Congress that -
"(1) all employers providing health insurance policies should
ensure that the policies provide adequate coverage for treatment
of drug and alcohol addiction in recognition that the health
consequences and costs for individuals and society can be as
formidable as those resulting from other diseases and illnesses
for which insurance coverage is much more adequate; and
"(2) State insurance commissioners should encourage employers
providing health benefits plans to ensure that the policies
provide more adequate coverage for treatment of drug and alcohol
addiction."
COMMISSION ON MARIHUANA AND DRUG ABUSE
Section 601 of Pub. L. 91-513, as amended by Pub. L. 92-13, May
14, 1971, 85 Stat. 37, provided that:
"(a) (Establishment; composition) There is established a
commission to be known as the Commission on Marihuana and Drug
Abuse (hereafter in this section referred to as the 'Commission').
The Commission shall be composed of -
"(1) two Members of the Senate appointed by the President of
the Senate;
"(2) two Members of the House of Representatives appointed by
the Speaker of the House of Representatives; and
"(3) nine members appointed by the President of the United
States.
At no time shall more than one of the members appointed under
paragraph (1), or more than one of the members appointed under
paragraph (2), or more than five of the members appointed under
paragraph (3) be members of the same political party.
"(b) (Chairman; Vice Chairman; compensation of members;
meetings) (1) The President shall designate one of the members of
the Commission as Chairman and one as Vice Chairman. Seven members
of the Commission shall constitute a quorum, but a lesser number
may conduct hearings.
"(2) Members of the Commission who are Members of Congress or
full-time officers or employees of the United States shall serve
without additional compensation but shall be reimbursed for travel,
subsistence, and other necessary expenses incurred in the
performance of the duties vested in the Commission. Members of the
Commission from private life shall receive $100 per diem while
engaged in the actual performance of the duties vested in the
Commission, plus reimbursement for travel, subsistence, and other
necessary expenses incurred in the performance of such duties.
"(3) The Commission shall meet at the call of the Chairman or at
the call of a majority of the members thereof.
"(c) (Personnel; experts; information from departments and
agencies) (1) The Commission shall have the power to appoint and
fix the compensation of such personnel as it deems advisable,
without regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and the
provisions of chapter 51 and subchapter III of chapter 53 of such
title, relating to classification and General Schedule pay rates.
"(2) The Commission may procure, in accordance with the
provisions of section 3109 of title 5, United States Code, the
temporary or intermittent services of experts or consultants.
Persons so employed shall receive compensation at a rate to be
fixed by the Commission, but not in excess of $75 per diem,
including traveltime. While away from his home or regular place of
business in the performance of services for the Commission, any
such person may be allowed travel expenses, including per diem in
lieu of subsistence, as authorized by section 5703(b) of title 5,
United States Code, for persons in the Government service employed
intermittently.
"(3) The Commission may secure directly from any department or
agency of the United States information necessary to enable it to
carry out its duties under this section. Upon request of the
Chairman of the Commission, such department or agency shall furnish
such information to the Commission.
"(d) (Marihuana study; report to the President and the Congress)
(1) The Commission shall conduct a study of marihuana including,
but not limited to, the following areas:
"(A) the extent of use of marihuana in the United States to
include its various sources of users, number of arrests, number
of convictions, amount of marihuana seized, type of user, nature
of use;
"(B) an evaluation of the efficacy of existing marihuana laws;
"(C) a study of the pharmacology of marihuana and its
immediate and long-term effects, both physiological and
psychological;
"(D) the relationship of marihuana use to aggressive behavior
and crime;
"(E) the relationship between marihuana and the use of other
drugs; and
"(F) the international control of marihuana.
"(2) Within one year after the date on which funds first become
available to carry out this section, the Commission shall submit to
the President and the Congress a comprehensive report on its study
and investigation under this subsection which shall include its
recommendations and such proposals for legislation and
administrative action as may be necessary to carry out its
recommendations.
"(e) (Study and investigation of causes of drug abuse; report to
the President and the Congress; termination of Commission) The
Commission shall conduct a comprehensive study and investigation of
the causes of drug abuse and their relative significance. The
Commission shall submit to the President and the Congress such
interim reports as it deems advisable and shall within two years
after the date on which funds first become available to carry out
this section submit to the President and the Congress a final
report which shall contain a detailed statement of its findings and
conclusions and also such recommendations for legislation and
administrative actions as it deems appropriate. The Commission
shall cease to exist sixty days after the final report is submitted
under this subsection.
"(f) (Limitation on expenditures) Total expenditures of the
Commission shall not exceed $4,000,000."
-EXEC-
EXECUTIVE ORDER NO. 11599
Ex. Ord. No. 11599, June 17, 1971, 36 F.R. 11793, which
established the Special Action Office for Drug Abuse Prevention,
was superseded. See Prior Provisions notes set out under section
1111 of this title.
EXECUTIVE ORDER NO. 11641
Ex. Ord. No. 11641, Jan. 28, 1972, 37 F.R. 2421, which
established the Office for Drug Abuse Law Enforcement, was revoked
by Ex. Ord. No. 11727, July 6, 1973, 38 F.R. 18357, set out below.
EXECUTIVE ORDER NO. 11676
Ex. Ord. No. 11676, July 27, 1972, 37 F.R. 15125, which
established the Office of National Narcotics Intelligence, was
revoked by Ex. Ord. No. 11727, July 6, 1973, 38 F.R. 18357, set out
below.
EX. ORD. NO. 11727. DRUG LAW ENFORCEMENT
Ex. Ord. No. 11727, July 6, 1973, 38 F.R. 18357, provided:
Reorganization Plan No. 2 of 1973 (set out in the Appendix to
Title 5, Government Organization and Employees), which becomes
effective on July 1, 1973, among other things establishes a Drug
Enforcement Administration in the Department of Justice. In my
message to the Congress transmitting that plan, I stated that all
functions of the Office for Drug Abuse Law Enforcement (established
pursuant to Executive Order No. 11641 of January 28, 1972) and the
Office of National Narcotics Intelligence (established pursuant to
Executive Order No. 11676 of July 27, 1972) would, together with
other related functions, be merged in the new Drug Enforcement
Administration.
NOW, THEREFORE, by virtue of the authority vested in me by the
Constitution and laws of the United States, including section 5317
of title 5 of the United States Code, as amended, it is hereby
ordered as follows:
Section 1. The Attorney General, to the extent permitted by law,
is authorized to coordinate all activities of executive branch
departments and agencies which are directly related to the
enforcement of laws respecting narcotics and dangerous drugs. Each
department and agency of the Federal Government shall, upon request
and to the extent permitted by law, assist the Attorney General in
the performance of functions assigned to him pursuant to this
order, and the Attorney General may, in carrying out those
functions, utilize the services of any other agencies, Federal and
State, as may be available and appropriate.
Sec. 2. Executive Order No. 11641 of January 28, 1972, is revoked
and the Attorney General shall provide for the reassignment of the
functions of the Office for Drug Abuse Law Enforcement and for the
abolishment of that Office.
Sec. 3. Executive Order No. 11676 of July 27, 1972, is hereby
revoked and the Attorney General shall provide for the reassignment
of the functions of the Office of National Narcotics Intelligence
and for the abolishment of that Office.
Sec. 4. Section 1 of Executive Order No. 11708 of March 23, 1973,
as amended (set out as a note under section 5317 of Title 5,
Government Organization and Employees), placing certain positions
in level IV of the Executive Schedule is hereby further amended by
deleting -
(1) "(6) Director, Office for Drug Abuse Law Enforcement,
Department of Justice."; and
(2) "(7) Director, Office of National Narcotics Intelligence,
Department of Justice."
Sec. 5. The Attorney General shall provide for the winding up of
the affairs of the two offices and for the reassignment of their
functions.
Sec. 6. This order shall be effective as of July 1, 1973.
Richard Nixon.
-SECREF-
ACT REFERRED TO IN OTHER SECTIONS
The Chemical Diversion and Trafficking Act of 1988 is referred to
in title 18 section 1956.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 15 section 1456.
-CITE-
21 USC Sec. 801a 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part A - Introductory Provisions
-HEAD-
Sec. 801a. Congressional findings and declarations: psychotropic
substances
-STATUTE-
The Congress makes the following findings and declarations:
(1) The Congress has long recognized the danger involved in the
manufacture, distribution, and use of certain psychotropic
substances for nonscientific and nonmedical purposes, and has
provided strong and effective legislation to control illicit
trafficking and to regulate legitimate uses of psychotropic
substances in this country. Abuse of psychotropic substances has
become a phenomenon common to many countries, however, and is not
confined to national borders. It is, therefore, essential that
the United States cooperate with other nations in establishing
effective controls over international traffic in such substances.
(2) The United States has joined with other countries in
executing an international treaty, entitled the Convention on
Psychotropic Substances and signed at Vienna, Austria, on
February 21, 1971, which is designed to establish suitable
controls over the manufacture, distribution, transfer, and use of
certain psychotropic substances. The Convention is not
self-executing, and the obligations of the United States
thereunder may only be performed pursuant to appropriate
legislation. It is the intent of the Congress that the
amendments made by this Act, together with existing law, will
enable the United States to meet all of its obligations under the
Convention and that no further legislation will be necessary for
that purpose.
(3) In implementing the Convention on Psychotropic Substances,
the Congress intends that, consistent with the obligations of the
United States under the Convention, control of psychotropic
substances in the United States should be accomplished within the
framework of the procedures and criteria for classification of
substances provided in the Comprehensive Drug Abuse Prevention
and Control Act of 1970 (21 U.S.C. 801 et seq.). This will
insure that (A) the availability of psychotropic substances to
manufacturers, distributors, dispensers, and researchers for
useful and legitimate medical and scientific purposes will not be
unduly restricted; (B) nothing in the Convention will interfere
with bona fide research activities; and (C) nothing in the
Convention will interfere with ethical medical practice in this
country as determined by the Secretary of Health and Human
Services on the basis of a consensus of the views of the American
medical and scientific community.
-SOURCE-
(Pub. L. 95-633, title I, Sec. 101, Nov. 10, 1978, 92 Stat. 3768;
Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in par. (2), is Pub. L. 95-633, Nov. 10,
1978, 92 Stat. 2768, as amended, known as the Psychotropic
Substances Act of 1978, which enacted sections 801a, 830, and 852
of this title, amended sections 352, 802, 811, 812, 823, 827, 841
to 843, 872, 881, 952, 953, and 965 of this title and section 242a
of Title 42, The Public Health and Welfare, repealed section 830 of
this title effective Jan. 1, 1981, and enacted provisions set out
as notes under sections 801, 801a, 812, and 830 of this title. For
complete classification of this Act to the Code, see Short Title of
1978 Amendment note set out under section 801 of this title and
Tables.
The Comprehensive Drug Abuse Prevention and Control Act of 1970,
referred to in par. (3), is Pub. L. 91-513, Oct. 27, 1970, 84 Stat.
1236, as amended, which is classified principally to this chapter
(Sec. 801 et seq.). For complete classification of this Act to the
Code, see Short Title note set out under section 801 of this title
and Tables.
-COD-
CODIFICATION
Section was enacted as a part of the Psychotropic Substances Act
of 1978, and not as a part of the Controlled Substances Act which
comprises this subchapter.
-CHANGE-
CHANGE OF NAME
"Secretary of Health and Human Services" substituted for
"Secretary of Health, Education, and Welfare" in par. (3)
pursuant to section 509(b) of Pub. L. 96-88, which is classified to
section 3508(b) of Title 20, Education.
-MISC4-
EFFECTIVE DATE
Section 112 of title I of Pub. L. 95-633 provided that: "This
title (enacting this section and section 852 of this title,
amending sections 352, 802, 811, 812, 823, 827, 872, 952, and 953
of this title and section 242a of Title 42, The Public Health and
Welfare, and enacting provisions set out as notes under sections
801 and 812 of this title) and the amendments made by this title
shall take effect on the date the Convention on Psychotropic
Substances, signed at Vienna, Austria on February 21, 1971, enters
into force in respect to the United States." (The Convention
entered into force in respect to the United States on July 15,
1980.)
-CITE-
21 USC Sec. 802 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part A - Introductory Provisions
-HEAD-
Sec. 802. Definitions
-STATUTE-
As used in this subchapter:
(1) The term "addict" means any individual who habitually uses
any narcotic drug so as to endanger the public morals, health,
safety, or welfare, or who is so far addicted to the use of
narcotic drugs as to have lost the power of self-control with
reference to his addiction.
(2) The term "administer" refers to the direct application of a
controlled substance to the body of a patient or research subject
by -
(A) a practitioner (or, in his presence, by his authorized
agent), or
(B) the patient or research subject at the direction and in the
presence of the practitioner,
whether such application be by injection, inhalation, ingestion, or
any other means.
(3) The term "agent" means an authorized person who acts on
behalf of or at the direction of a manufacturer, distributor, or
dispenser; except that such term does not include a common or
contract carrier, public warehouseman, or employee of the carrier
or warehouseman, when acting in the usual and lawful course of the
carrier's or warehouseman's business.
(4) The term "Drug Enforcement Administration" means the Drug
Enforcement Administration in the Department of Justice.
(5) The term "control" means to add a drug or other substance,
or immediate precursor, to a schedule under part B of this
subchapter, whether by transfer from another schedule or otherwise.
(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.
(7) The term "counterfeit substance" means a controlled
substance which, or the container or labeling of which, without
authorization, bears the trademark, trade name, or other
identifying mark, imprint, number, or device, or any likeness
thereof, of a manufacturer, distributor, or dispenser other than
the person or persons who in fact manufactured, distributed, or
dispensed such substance and which thereby falsely purports or is
represented to be the product of, or to have been distributed by,
such other manufacturer, distributor, or dispenser.
(8) The terms "deliver" or "delivery" mean the actual,
constructive, or attempted transfer of a controlled substance or a
listed chemical, whether or not there exists an agency
relationship.
(9) The term "depressant or stimulant substance" means -
(A) a drug which contains any quantity of barbituric acid or
any of the salts of barbituric acid; or
(B) a drug which contains any quantity of (i) amphetamine or
any of its optical isomers; (ii) any salt of amphetamine or any
salt of an optical isomer of amphetamine; or (iii) any substance
which the Attorney General, after investigation, has found to be,
and by regulation designated as, habit forming because of its
stimulant effect on the central nervous systems; or
(C) lysergic acid diethylamide; or
(D) any drug which contains any quantity of a substance which
the Attorney General, after investigation, has found to have, and
by regulation designated as having, a potential for abuse because
of its depressant or stimulant effect on the central nervous
system or its hallucinogenic effect.
(10) The term "dispense" means to deliver a controlled
substance to an ultimate user or research subject by, or pursuant
to the lawful order of, a practitioner, including the prescribing
and administering of a controlled substance and the packaging,
labeling or compounding necessary to prepare the substance for such
delivery. The term "dispenser" means a practitioner who so
delivers a controlled substance to an ultimate user or research
subject.
(11) The term "distribute" means to deliver (other than by
administering or dispensing) a controlled substance or a listed
chemical. The term "distributor" means a person who so delivers
a controlled substance or a listed chemical.
(12) The term "drug" has the meaning given that term by section
321(g)(1) of this title.
(13) The term "felony" means any Federal or State offense
classified by applicable Federal or State law as a felony.
(14) The term "isomer" means the optical isomer, except as used
in schedule I(c) and schedule II(a)(4). As used in schedule I(c),
the term "isomer" means any optical, positional, or geometric
isomer. As used in schedule II(a)(4), the term "isomer" means
any optical or geometric isomer.
(15) The term "manufacture" means the production, preparation,
propagation, compounding, or processing of a drug or other
substance, either directly or indirectly or by extraction from
substances of natural origin, or independently by means of chemical
synthesis or by a combination of extraction and chemical synthesis,
and includes any packaging or repackaging of such substance or
labeling or relabeling of its container; except that such term does
not include the preparation, compounding, packaging, or labeling of
a drug or other substance in conformity with applicable State or
local law by a practitioner as an incident to his administration or
dispensing of such drug or substance in the course of his
professional practice. The term "manufacturer" means a person
who manufactures a drug or other substance.
(16) The term "marihuana" means all parts of the plant Cannabis
sativa L., whether growing or not; the seeds thereof; the resin
extracted from any part of such plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of such
plant, its seeds or resin. Such term does not include the mature
stalks of such plant, fiber produced from such stalks, oil or cake
made from the seeds of such plant, any other compound, manufacture,
salt, derivative, mixture, or preparation of such mature stalks
(except the resin extracted therefrom), fiber, oil, or cake, or the
sterilized seed of such plant which is incapable of germination.
(17) The term "narcotic drug" means any of the following
whether produced directly or indirectly by extraction from
substances of vegetable origin, or independently by means of
chemical synthesis, or by a combination of extraction and chemical
synthesis:
(A) Opium, opiates, derivatives of opium and opiates, including
their isomers, esters, ethers, salts, and salts of isomers,
esters, and ethers, whenever the existence of such isomers,
esters, ethers, and salts is possible within the specific
chemical designation. Such term does not include the
isoquinoline alkaloids of opium.
(B) Poppy straw and concentrate of poppy straw.
(C) Coca leaves, except coca leaves and extracts of coca leaves
from which cocaine, ecgonine, and derivatives of ecgonine or
their salts have been removed.
(D) Cocaine, its salts, optical and geometric isomers, and
salts of isomers.
(E) Ecgonine, its derivatives, their salts, isomers, and salts
of isomers.
(F) Any compound, mixture, or preparation which contains any
quantity of any of the substances referred to in subparagraphs
(A) through (E).
(18) The term "opiate" means any drug or other substance having
an addiction-forming or addiction-sustaining liability similar to
morphine or being capable of conversion into a drug having such
addiction-forming or addiction-sustaining liability.
(19) The term "opium poppy" means the plant of the species
Papaver somniferum L., except the seed thereof.
(20) The term "poppy straw" means all parts, except the seeds,
of the opium poppy, after mowing.
(21) The term "practitioner" means a physician, dentist,
veterinarian, scientific investigator, pharmacy, hospital, or other
person licensed, registered, or otherwise permitted, by the United
States or the jurisdiction in which he practices or does research,
to distribute, dispense, conduct research with respect to,
administer, or use in teaching or chemical analysis, a controlled
substance in the course of professional practice or research.
(22) The term "production" includes the manufacture, planting,
cultivation, growing, or harvesting of a controlled substance.
(23) The term "immediate precursor" means a substance -
(A) which the Attorney General has found to be and by
regulation designated as being the principal compound used, or
produced primarily for use, in the manufacture of a controlled
substance;
(B) which is an immediate chemical intermediary used or likely
to be used in the manufacture of such controlled substance; and
(C) the control of which is necessary to prevent, curtail, or
limit the manufacture of such controlled substance.
(24) The term "Secretary", unless the context otherwise
indicates, means the Secretary of Health and Human Services.
(25) The term "serious bodily injury" means bodily injury which
involves -
(A) a substantial risk of death;
(B) protracted and obvious disfigurement; or
(C) protracted loss or impairment of the function of a bodily
member, organ, or mental faculty.
(26) The term "State" means a State of the United States, the
District of Columbia, and any commonwealth, territory, or
possession of the United States.
(27) The term "ultimate user" means a person who has lawfully
obtained, and who possesses, a controlled substance for his own use
or for the use of a member of his household or for an animal owned
by him or by a member of his household.
(28) The term "United States", when used in a geographic sense,
means all places and waters, continental or insular, subject to the
jurisdiction of the United States.
(29) The term "maintenance treatment" means the dispensing, for
a period in excess of twenty-one days, of a narcotic drug in the
treatment of an individual for dependence upon heroin or other
morphine-like drugs.
(30) The term "detoxification treatment" means the dispensing,
for a period not in excess of one hundred and eighty days, of a
narcotic drug in decreasing doses to an individual in order to
alleviate adverse physiological or psychological effects incident
to withdrawal from the continuous or sustained use of a narcotic
drug and as a method of bringing the individual to a narcotic
drug-free state within such period.
(31) The term "Convention on Psychotropic Substances" means the
Convention on Psychotropic Substances signed at Vienna, Austria, on
February 21, 1971; and the term "Single Convention on Narcotic
Drugs" means the Single Convention on Narcotic Drugs signed at New
York, New York, on March 30, 1961.
(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.
(33) The term "listed chemical" means any list I chemical or
any list II chemical.
(34) The term "list I chemical" means a chemical specified by
regulation of the Attorney General as a chemical that is used in
manufacturing a controlled substance in violation of this
subchapter and is important to the manufacture of the controlled
substances, and such term includes (until otherwise specified by
regulation of the Attorney General, as considered appropriate by
the Attorney General or upon petition to the Attorney General by
any person) the following:
(A) Anthranilic acid, its esters, and its salts.
(B) Benzyl cyanide.
(C) Ephedrine, its salts, optical isomers, and salts of optical
isomers.
(D) Ergonovine and its salts.
(E) Ergotamine and its salts.
(F) N-Acetylanthranilic acid, its esters, and its salts.
(G) Norpseudoephedrine, its salts, optical isomers, and salts
of optical isomers.
(H) Phenylacetic acid, its esters, and its salts.
(I) Phenylpropanolamine, its salts, optical isomers, and salts
of optical isomers.
(J) Piperidine and its salts.
(K) Pseudoephedrine, its salts, optical isomers, and salts of
optical isomers.
(L) 3,4-Methylenedioxyphenyl-2-propanone.
(M) Methylamine.
(N) Ethylamine.
(O) Propionic anhydride.
(P) Isosafrole.
(Q) Safrole.
(R) Piperonal.
(S) N-Methylephedrine.
(T) N-methylpseudoephedrine.
(U) Hydriodic acid.
(V) Benzaldehyde.
(W) Nitroethane.
(X) Gamma butyrolactone.
(Y) Any salt, optical isomer, or salt of an optical isomer of
the chemicals listed in subparagraphs (M) through (U) of this
paragraph.
(35) The term "list II chemical" means a chemical (other than a
list I chemical) specified by regulation of the Attorney General as
a chemical that is used in manufacturing a controlled substance in
violation of this subchapter, and such term includes (until
otherwise specified by regulation of the Attorney General, as
considered appropriate by the Attorney General or upon petition to
the Attorney General by any person) the following chemicals:
(A) Acetic anhydride.
(B) Acetone.
(C) Benzyl chloride.
(D) Ethyl ether.
(E) Repealed. Pub. L. 101-647, title XXIII, Sec. 2301(b), Nov.
29, 1990, 104 Stat. 4858.
(F) Potassium permanganate.
(G) 2-Butanone (or Methyl Ethyl Ketone).
(H) Toluene.
(I) Iodine.
(J) Hydrochloric gas.
(36) The term "regular customer" means, with respect to a
regulated person, a customer with whom the regulated person has an
established business relationship that is reported to the Attorney
General.
(37) The term "regular importer" means, with respect to a
listed chemical, a person that has an established record as an
importer of that listed chemical that is reported to the Attorney
General.
(38) The term "regulated person" means a person who
manufactures, distributes, imports, or exports a listed chemical, a
tableting machine, or an encapsulating machine or who acts as a
broker or trader for an international transaction involving a
listed chemical, a tableting machine, or an encapsulating machine.
(39) The term "regulated transaction" means -
(A) a distribution, receipt, sale, importation, or exportation
of, or an international transaction involving shipment of, a
listed chemical, or if the Attorney General establishes a
threshold amount for a specific listed chemical, a threshold
amount, including a cumulative threshold amount for multiple
transactions (as determined by the Attorney General, in
consultation with the chemical industry and taking into
consideration the quantities normally used for lawful purposes),
of a listed chemical, except that such term does not include -
(i) a domestic lawful distribution in the usual course of
business between agents or employees of a single regulated
person;
(ii) a delivery of a listed chemical to or by a common or
contract carrier for carriage in the lawful and usual course of
the business of the common or contract carrier, or to or by a
warehouseman for storage in the lawful and usual course of the
business of the warehouseman, except that if the carriage or
storage is in connection with the distribution, importation, or
exportation of a listed chemical to a third person, this clause
does not relieve a distributor, importer, or exporter from
compliance with section 830 of this title;
(iii) any category of transaction or any category of
transaction for a specific listed chemical or chemicals
specified by regulation of the Attorney General as excluded
from this definition as unnecessary for enforcement of this
subchapter or subchapter II of this chapter;
(iv) any transaction in a listed chemical that is contained
in a drug that may be marketed or distributed lawfully in the
United States under the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 301 et seq.) unless -
(I)(aa) the drug contains ephedrine or its salts, optical
isomers, or salts of optical isomers, pseudoephedrine or its
salts, optical isomers, or salts of optical isomers, or
phenylpropanolamine or its salts, optical isomers, or salts
of optical isomers unless otherwise provided by regulation of
the Attorney General issued pursuant to section 814(e) of
this title, except that any sale of ordinary over-the-counter
pseudoephedrine or phenylpropanolamine products by retail
distributors shall not be a regulated transaction (except as
provided in section 401(d) of the Comprehensive
Methamphetamine Control Act of 1996); or
(bb) the Attorney General has determined under section 814
of this title that the drug or group of drugs is being
diverted to obtain the listed chemical for use in the illicit
production of a controlled substance; and
(II) the quantity of ephedrine, pseudoephedrine,
phenylpropanolamine, or other listed chemical contained in
the drug included in the transaction or multiple transactions
equals or exceeds the threshold established for that chemical
by the Attorney General, except that the threshold for any
sale of products containing pseudoephedrine or
phenylpropanolamine products by retail distributors or by
distributors required to submit reports by section 830(b)(3)
of this title shall be 9 grams of pseudoephedrine or 9 grams
of phenylpropanolamine in a single transaction and sold in
package sizes of not more than 3 grams of pseudoephedrine
base or 3 grams of phenylpropanolamine base; or
(v) any transaction in a chemical mixture which the Attorney
General has by regulation designated as exempt from the
application of this subchapter and subchapter II of this
chapter based on a finding that the mixture is formulated in
such a way that it cannot be easily used in the illicit
production of a controlled substance and that the listed
chemical or chemicals contained in the mixture cannot be
readily recovered; and
(B) a distribution, importation, or exportation of a tableting
machine or encapsulating machine.
(40) The term "chemical mixture" means a combination of two or
more chemical substances, at least one of which is not a list I
chemical or a list II chemical, except that such term does not
include any combination of a list I chemical or a list II chemical
with another chemical that is present solely as an impurity.
(41)(A) The term "anabolic steroid" means any drug or hormonal
substance, chemically and pharmacologically related to testosterone
(other than estrogens, progestins, and corticosteroids) that
promotes muscle growth, and includes -
(i) boldenone,
(ii) chlorotestosterone,
(iii) clostebol,
(iv) dehydrochlormethyltestosterone,
(v) dihydrotestosterone,
(vi) drostanolone,
(vii) ethylestrenol,
(viii) fluoxymesterone,
(ix) formebulone,
(x) mesterolone,
(xi) methandienone,
(xii) methandranone,
(xiii) methandriol,
(xiv) methandrostenolone,
(xv) methenolone,
(xvi) methyltestosterone,
(xvii) mibolerone,
(xviii) nandrolone,
(xix) norethandrolone,
(xx) oxandrolone,
(xxi) oxymesterone,
(xxii) oxymetholone,
(xxiii) stanolone,
(xxiv) stanozolol,
(xxv) testolactone,
(xxvi) testosterone,
(xxvii) trenbolone, and
(xxviii) any salt, ester, or isomer of a drug or substance
described or listed in this paragraph, if that salt, ester, or
isomer promotes muscle growth.
(B)(i) Except as provided in clause (ii), such term does not
include an anabolic steroid which is expressly intended for
administration through implants to cattle or other nonhuman species
and which has been approved by the Secretary of Health and Human
Services for such administration.
(ii) If any person prescribes, dispenses, or distributes such
steroid for human use, such person shall be considered to have
prescribed, dispensed, or distributed an anabolic steroid within
the meaning of subparagraph (A).
(42) The term "international transaction" means a transaction
involving the shipment of a listed chemical across an international
border (other than a United States border) in which a broker or
trader located in the United States participates.
(43) The terms "broker" and "trader" mean a person that
assists in arranging an international transaction in a listed
chemical by -
(A) negotiating contracts;
(B) serving as an agent or intermediary; or
(C) bringing together a buyer and seller, a buyer and
transporter, or a seller and transporter.
(44) The term "felony drug offense" means an offense that is
punishable by imprisonment for more than one year under any law of
the United States or of a State or foreign country that prohibits
or restricts conduct relating to narcotic drugs, marihuana, or
depressant or stimulant substances.
(45) The term "ordinary over-the-counter pseudoephedrine or
phenylpropanolamine product" means any product containing
pseudoephedrine or phenylpropanolamine that is -
(A) regulated pursuant to this subchapter; and
(B)(i) except for liquids, sold in package sizes of not more
than 3.0 grams of pseudoephedrine base or 3.0 grams of
phenylpropanolamine base, and that is packaged in blister packs,
each blister containing not more than two dosage units, or where
the use of blister packs is technically infeasible, that is
packaged in unit dose packets or pouches; and
(ii) for liquids, sold in package sizes of not more than 3.0
grams of pseudoephedrine base or 3.0 grams of phenylpropanolamine
base.
(46)(A) The term "retail distributor" means a grocery store,
general merchandise store, drug store, or other entity or person
whose activities as a distributor relating to pseudoephedrine or
phenylpropanolamine products are limited almost exclusively to
sales for personal use, both in number of sales and volume of
sales, either directly to walk-in customers or in face-to-face
transactions by direct sales.
(B) For purposes of this paragraph, sale for personal use means
the sale of below-threshold quantities in a single transaction to
an individual for legitimate medical use.
(C) For purposes of this paragraph, entities are defined by
reference to the Standard Industrial Classification (SIC) code, as
follows:
(i) A grocery store is an entity within SIC code 5411.
(ii) A general merchandise store is an entity within SIC codes
5300 through 5399 and 5499.
(iii) A drug store is an entity within SIC code 5912.
-SOURCE-
(Pub. L. 91-513, title II, Sec. 102, Oct. 27, 1970, 84 Stat. 1242;
Pub. L. 93-281, Sec. 2, May 14, 1974, 88 Stat. 124; Pub. L. 95-633,
title I, Sec. 102(b), Nov. 10, 1978, 92 Stat. 3772; Pub. L. 96-88,
title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 96-132,
Sec. 16(a), Nov. 30, 1979, 93 Stat. 1049; Pub. L. 98-473, title II,
Sec. 507(a), (b), Oct. 12, 1984, 98 Stat. 2071; Pub. L. 98-509,
title III, Sec. 301(a), Oct. 19, 1984, 98 Stat. 2364; Pub. L.
99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99-570,
title I, Sec. 1003(b), 1203, 1870, Oct. 27, 1986, 100 Stat. 3207-6,
3207-13, 3207-56; Pub. L. 99-646, Sec. 83, Nov. 10, 1986, 100 Stat.
3619; Pub. L. 100-690, title VI, Sec. 6054, Nov. 18, 1988, 102
Stat. 4316; Pub. L. 101-647, title XIX, Sec. 1902(b), title XXIII,
Sec. 2301, title XXXV, Sec. 3599I, Nov. 29, 1990, 104 Stat. 4852,
4858, 4932; Pub. L. 103-200, Sec. 2(a), 7-9(a), Dec. 17, 1993, 107
Stat. 2333, 2340; Pub. L. 103-322, title IX, Sec. 90105(d), title
XXXIII, Sec. 330024(a), (b), (d)(1), Sept. 13, 1994, 108 Stat.
1988, 2150; Pub. L. 104-237, title II, Sec. 204(a), 209, title IV,
Sec. 401(a), (b), Oct. 3, 1996, 110 Stat. 3102, 3104, 3106, 3107;
Pub. L. 104-294, title VI, Sec. 604(b)(4), 607(j), Oct. 11, 1996,
110 Stat. 3506, 3512; Pub. L. 105-115, title I, Sec. 126(c)(3),
Nov. 21, 1997, 111 Stat. 2328; Pub. L. 106-172, Sec. 3(c), 5(a),
Feb. 18, 2000, 114 Stat. 9, 10; Pub. L. 106-310, div. B, title
XXXVI, Sec. 3622(a), Oct. 17, 2000, 114 Stat. 1231.)
-REFTEXT-
REFERENCES IN TEXT
This subchapter, referred to in introductory provisions and in
par. (39)(A)(iii), (v), was in the original "this title", meaning
title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as
amended, and is popularly known as the "Controlled Substances
Act". For complete classification of title II to the Code, see
second paragraph of Short Title note set out under section 801 of
this title and Tables.
Schedules I, II, III, IV, and V, referred to in pars. (6), (14),
and (32)(A), are set out in section 812(c) of this title.
Subchapter II of this chapter, referred to in par. (39)(A)(iii),
(v), was in the original "title III", meaning title III of Pub.
L. 91-513, Oct. 27, 1970, 84 Stat. 1285. Part A of title III
comprises subchapter II of this chapter. For classification of
Part B, consisting of sections 1101 to 1105 of title III, see
Tables.
The Federal Food, Drug, and Cosmetic Act, referred to in par.
(39)(A)(iv), is act June 25, 1938, ch. 675, 52 Stat. 1040, as
amended, which is classified generally to chapter 9 (Sec. 301 et
seq.) of this title. For complete classification of this Act to
the Code, see section 301 of this title and Tables.
Section 401(d) of the Comprehensive Methamphetamine Control Act
of 1996, referred to in par. (39)(A)(iv)(I)(aa), is section 401(d)
of Pub. L. 104-237, which is set out below.
-MISC2-
AMENDMENTS
2000 - Par. (32)(A). Pub. L. 106-172, Sec. 5(a)(1), substituted
"subparagraph (C)" for "subparagraph (B)" in introductory
provisions.
Par. (32)(B), (C). Pub. L. 106-172, Sec. 5(a)(2), (3), added
subpar. (B) and redesignated former subpar. (B) as (C).
Par. (34)(X), (Y). Pub. L. 106-172, Sec. 3(c), added subpar. (X)
and redesignated former subpar. (X) as (Y).
Par. (39)(A)(iv)(II). Pub. L. 106-310 substituted "9 grams" for
"24 grams" in two places and inserted before semicolon at end
"and sold in package sizes of not more than 3 grams of
pseudoephedrine base or 3 grams of phenylpropanolamine base".
1997 - Par. (9)(A). Pub. L. 105-115 redesignated cl. (i) as
subpar. (A) and struck out cl. (ii) which read as follows: "any
derivative of barbituric acid which has been designated by the
Secretary as habit forming under section 352(d) of this title;
or".
1996 - Par. (26). Pub. L. 104-294, Sec. 607(j)(1), amended par.
(26) generally. Prior to amendment, par. (26) read as follows:
"The term 'State' means any State, territory, or possession of the
United States, the District of Columbia, the Commonwealth of Puerto
Rico, the Trust Territory of the Pacific Islands, and the Canal
Zone."
Par. (34)(P), (S), (U). Pub. L. 104-237, Sec. 209(1), substituted
"Isosafrole" for "Insosafrole" in subpar. (P),
"N-Methylephedrine" for "N-Methylepherdrine" in subpar. (S),
and "Hydriodic acid" for "Hydriotic acid" in subpar. (U).
Par. (35)(G). Pub. L. 104-237, Sec. 209(2), amended subpar. (G)
generally, inserting "(or Methyl Ethyl Ketone)" before period at
end.
Par. (35)(I), (J). Pub. L. 104-237, Sec. 204(a), added subpars.
(I) and (J).
Par. (39)(A)(iv)(I)(aa). Pub. L. 104-237, Sec. 401(a)(1), (b)(1),
substituted ", pseudoephedrine or its salts, optical isomers, or
salts of optical isomers, or phenylpropanolamine or its salts,
optical isomers, or salts of optical isomers unless otherwise
provided by regulation of the Attorney General issued pursuant to
section 814(e) of this title, except that any sale of ordinary
over-the-counter pseudoephedrine or phenylpropanolamine products by
retail distributors shall not be a regulated transaction (except as
provided in section 401(d) of the Comprehensive Methamphetamine
Control Act of 1996);" for "as the only active medicinal
ingredient or contains ephedrine or its salts, optical isomers, or
salts of optical isomers and therapeutically insignificant
quantities of another active medicinal ingredient;".
Par. (39)(A)(iv)(II). Pub. L. 104-237, Sec. 401(a)(2), (b)(2),
inserted ", pseudoephedrine, phenylpropanolamine," after
"ephedrine" and inserted before semicolon ", except that the
threshold for any sale of products containing pseudoephedrine or
phenylpropanolamine products by retail distributors or by
distributors required to submit reports by section 830(b)(3) of
this title shall be 24 grams of pseudoephedrine or 24 grams of
phenylpropanolamine in a single transaction".
Pars. (43), (44). Pub. L. 104-237, Sec. 401(b)(3), and Pub. L.
104-294, Sec. 604(b)(4), 607(j)(2), amended section identically,
redesignating par. (43), relating to felony drug offense, as (44).
Pars. (45), (46). Pub. L. 104-237, Sec. 401(b)(4), added pars.
(45) and (46).
1994 - Par. (34)(V), (W). Pub. L. 103-322, Sec. 330024(b),
realigned margins and capitalized first letter.
Par. (35). Pub. L. 103-322, Sec. 330024(d)(1), made technical
correction to directory language of Pub. L. 103-200, Sec.
2(a)(4)(B). See 1993 Amendment note b