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 Repealed.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 below.
Par. (39)(A)(iv)(II). Pub. L. 103-322, Sec. 330024(a),
substituted "; or" for period at end.
Par. (43). Pub. L. 103-322, Sec. 90105(d), added par. (43)
defining "felony drug offense".
1993 - Par. (33). Pub. L. 103-200, Sec. 2(a)(1), substituted
"any list I chemical or any list II chemical" for "any listed
precursor chemical or listed essential chemical".
Par. (34). Pub. L. 103-200, Sec. 2(a)(2), substituted "list I
chemical" for "listed precursor chemical" and "important to the
manufacture" for "critical to the creation" in introductory
provisions.
Par. (34)(A), (F), (H). Pub. L. 103-200, Sec. 2(a)(3), inserted
", its esters," before "and".
Par. (34)(O). Pub. L. 103-200, Sec. 8(1), (2), redesignated
subpar. (P) as (O) and struck out former subpar. (O) which read as
follows: "D-lysergic acid."
Par. (34)(P) to (S). Pub. L. 103-200, Sec. 8(2), redesignated
subpars. (Q) to (T) as (P) to (S), respectively. Former subpar.
(P) redesignated (O).
Par. (34)(T). Pub. L. 103-200, Sec. 8(2), redesignated subpar.
(V) as (T). Former subpar. (T) redesignated (S).
Par. (34)(U). Pub. L. 103-200, Sec. 8(1), (2), redesignated
subpar. (X) as (U) and struck out former subpar. (U) which read as
follows: "N-ethylephedrine."
Par. (34)(V). Pub. L. 103-200, Sec. 8(2), (4), added subpar. (V)
and redesignated former subpar. (V) as (T).
Par. (34)(W). Pub. L. 103-200, Sec. 8(1), (4), added subpar. (W)
and struck out former subpar. (W) which read as follows:
"N-ethylpseudoephedrine."
Par. (34)(X). Pub. L. 103-200, Sec. 8(2), (3), redesignated
subpar. (Y) as (X) and substituted "through (U)" for "through
(X)".
Par. (34)(Y). Pub. L. 103-200, Sec. 8(2), redesignated subpar.
(Y) as (X).
Par. (35). Pub. L. 103-200, Sec. 2(a)(4)(A), (C), substituted
"list II chemical" for "listed essential chemical" and struck
out "as a solvent, reagent, or catalyst" before "in
manufacturing".
Pub. L. 103-200, Sec. 2(a)(4)(B), as amended by Pub. L. 103-322,
Sec. 330024(d)(1), inserted "(other than a list I chemical)"
before "specified" the first time appearing.
Par. (37). Pub. L. 103-200, Sec. 9(a), amended par. (37)
generally. Prior to amendment, par. (37) read as follows: "The
term 'regular supplier' means, with respect to a regulated person,
a supplier with whom the regulated person has an established
business relationship that is reported to the Attorney General."
Par. (38). Pub. L. 103-200, Sec. 2(a)(5), inserted before period
at end "or who acts as a broker or trader for an international
transaction involving a listed chemical, a tableting machine, or an
encapsulating machine".
Par. (39)(A). Pub. L. 103-200, Sec. 2(a)(6)(A), 7, in
introductory provisions, substituted "importation, or exportation
of, or an international transaction involving shipment of," for
"importation or exportation of" and inserted "a listed chemical,
or if the Attorney General establishes a threshold amount for a
specific listed chemical," before "a threshold amount,".
Par. (39)(A)(iii). Pub. L. 103-200, Sec. 2(a)(6)(B), inserted
"or any category of transaction for a specific listed chemical or
chemicals" after "transaction".
Par. (39)(A)(iv). Pub. L. 103-200, Sec. 2(a)(6)(C), amended cl.
(iv) generally. Prior to amendment, cl. (iv) read as follows:
"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; or".
Par. (39)(A)(v). Pub. L. 103-200, Sec. 2(a)(6)(D), inserted
before semicolon at end "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".
Par. (40). Pub. L. 103-200, Sec. 2(a)(7), substituted "list I
chemical or a list II chemical" for "listed precursor chemical or
a listed essential chemical" in two places.
Pars. (42), (43). Pub. L. 103-200, Sec. 2(a)(8), added pars. (42)
and (43).
1990 - Par. (32)(A). Pub. L. 101-647, Sec. 3599I, substituted
"the stimulant" for "the stimulent" in cl. (ii) and "a
stimulant" for "a stimulent" in cl. (iii).
Par. (34)(M) to (Y). Pub. L. 101-647, Sec. 2301(a), added
subpars. (M) to (Y).
Par. (35)(E). Pub. L. 101-647, Sec. 2301(b), struck out subpar.
(E) "Hydriodic acid."
Par. (41). Pub. L. 101-647, Sec. 1902(b), added par. (41).
1988 - Par. (8). Pub. L. 100-690, Sec. 6054(1), inserted "or a
listed chemical" after "a controlled substance".
Par. (11). Pub. L. 100-690, Sec. 6054(2), inserted "or a listed
chemical" after "a controlled substance" in two places.
Pars. (33) to (40). Pub. L. 100-690, Sec. 6054(3), added pars.
(33) to (40).
1986 - Par. (6). Pub. L. 99-514 substituted "Internal Revenue
Code of 1986" for "Internal Revenue Code of 1954".
Par. (14). Pub. L. 99-570, Sec. 1870, and Pub. L. 99-646 amended
par. (14) identically, substituting "any optical" for "the
optical" in second and third sentences.
Par. (25). Pub. L. 99-570, Sec. 1003(b)(1), added par. (25).
Former par. (25) redesignated (26).
Pars. (26) to (31). Pub. L. 99-570, Sec. 1003(b)(2), redesignated
pars. (25) to (30) as (26) to (31), respectively.
Par. (32). Pub. L. 99-570, Sec. 1203, added par. (32).
1984 - Pars. (14) to (16). Pub. L. 98-473, Sec. 507(a), added
par. (14) and redesignated former pars. (14) to (16) as (15) to
(17), respectively.
Par. (17). Pub. L. 98-473, Sec. 507, redesignated former par.
(16) as (17), and expanded and revised definition of "narcotic
drug", including within term poppy straw, cocaine, and ecgonine.
Former par. (17) redesignated (18).
Pars. (18) to (28). Pub. L. 98-473, Sec. 507(a), redesignated
former pars. (17) to (27) as (18) to (28), respectively.
Par. (29). Pub. L. 98-509 which directed the substitution of
"one hundred and eighty" for "twenty-one" in par. (28), was
executed to par. (29) in view of the redesignation of par. (28) as
par. (29) by Pub. L. 98-473.
Pub. L. 98-473, Sec. 507(a), redesignated former par. (28) as
(29). Former par. (29) redesignated (30).
Par. (30). Pub. L. 98-473, Sec. 507(a), redesignated former par.
(29) as (30).
1979 - Par. (4). Pub. L. 96-132 substituted provisions defining
"Drug Enforcement Administration" for provisions defining
"Bureau of Narcotics and Dangerous Drugs".
1978 - Par. (29). Pub. L. 95-633 added par. (29).
1974 - Pars. (27), (28). Pub. L. 93-281 added pars. (27) and
(28).
-CHANGE-
CHANGE OF NAME
"Secretary of Health and Human Services" substituted for
"Secretary of Health, Education, and Welfare" in par. (24)
pursuant to section 509(b) of Pub. L. 96-88, which is classified to
section 3508(b) of Title 20, Education.
-MISC4-
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106-310, div. B, title XXXVI, Sec. 3622(b), Oct. 17,
2000, 114 Stat. 1231, provided that: "The amendments made by
subsection (a) (amending this section) shall take effect 1 year
after the date of the enactment of this Act (Oct. 17, 2000)."
EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by Pub. L. 105-115 effective 90 days after Nov. 21,
1997, except as otherwise provided, see section 501 of Pub. L.
105-115, set out as a note under section 321 of this title.
EFFECTIVE DATE OF 1996 AMENDMENTS
Amendment by section 604(b)(4) of Pub. L. 104-294 effective Sept.
13, 1994, see section 604(d) of Pub. L. 104-294, set out as a note
under section 13 of Title 18, Crimes and Criminal Procedure.
Section 401(g) of Pub. L. 104-237 provided that:
"Notwithstanding any other provision of this Act (see section 1(a)
of Pub. L. 104-237, set out as a Short Title of 1996 Amendments
note under section 801 of this title), this section (amending this
section and section 814 of this title and enacting provisions set
out as a note below) shall not apply to the sale of any
pseudoephedrine or phenylpropanolamine product prior to 12 months
after the date of enactment of this Act (Oct. 3, 1996), except
that, on application of a manufacturer of a particular
pseudoephedrine or phenylpropanolamine drug product, the Attorney
General may, in her sole discretion, extend such effective date up
to an additional six months. Notwithstanding any other provision
of law, the decision of the Attorney General on such an application
shall not be subject to judicial review."
EFFECTIVE DATE OF 1994 AMENDMENT
Section 330024(f) of Pub. L. 103-322 provided that: "The
amendments made by this section (amending this section and sections
824, 960, and 971 of this title) shall take effect as of the date
that is 120 days after the date of enactment of the Domestic
Chemical Diversion Control Act of 1993 (Dec. 17, 1993)."
EFFECTIVE DATE OF 1993 AMENDMENT
Section 11 of Pub. L. 103-200 provided that: "This Act (enacting
section 814 of this title, amending this section and sections 821
to 824, 830, 843, 880, 957, 958, 960, and 971 of this title, and
enacting provisions set out as a note under section 801 of this
title) and the amendments made by this Act shall take effect on the
date that is 120 days after the date of enactment of this Act (Dec.
17, 1993)."
EFFECTIVE DATE OF 1990 AMENDMENT
Section 1902(d) of Pub. L. 101-647 provided that: "This section
(amending this section and section 812 of this title and enacting
provisions set out as a note under section 829 of this title) and
the amendment made by this section shall take effect 90 days after
the date of enactment of this Act (Nov. 29, 1990)."
EFFECTIVE DATE OF 1988 AMENDMENT
Section 6061 of title VI of Pub. L. 100-690 provided that:
"Except as otherwise provided in this subtitle, this subtitle
(subtitle A (Sec. 6051-6061) of title VI of Pub. L. 100-690,
enacting section 971 of this title, amending this section and
sections 830, 841 to 843, 872, 876, 881, 960, and 961 of this
title, and enacting provisions set out as notes under this section
and section 971 of this title) shall take effect 120 days after the
enactment of this Act (Nov. 18, 1988)."
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-633 effective on date the Convention on
Psychotropic Substances enters into force in the United States
(July 15, 1980), see section 112 of Pub. L. 95-633, set out as an
Effective Date note under section 801a of this title.
REGULATIONS
Section 301(b) of Pub. L. 98-509 provided that: "The Secretary
of Health and Human Services shall, within ninety days of the date
of the enactment of this Act (Oct. 19, 1984), promulgate
regulations for the administration of section 102(28) of the
Controlled Substances Act (21 U.S.C. 802(29)) as amended by
subsection (a) and shall include in the first report submitted
under section 505(b) (now 503(b)) of the Public Health Service Act
(42 U.S.C. 290aa-2(b)) after the expiration of such ninety days the
findings of the Secretary with respect to the effect of the
amendment made by subsection (a)."
REPORT ON DIVERSION OF ORDINARY, OVER-THE-COUNTER PSEUDOEPHEDRINE
AND PHENYLPROPANOLAMINE PRODUCTS
Pub. L. 106-310, div. B, title XXXVI, Sec. 3642, Oct. 17, 2000,
114 Stat. 1237, provided that:
"(a) Study. - The Attorney General shall conduct a study of the
use of ordinary, over-the-counter pseudoephedrine and
phenylpropanolamine products in the clandestine production of
illicit drugs. Sources of data for the study shall include the
following:
"(1) Information from Federal, State, and local clandestine
laboratory seizures and related investigations identifying the
source, type, or brand of drug products being utilized and how
they were obtained for the illicit production of methamphetamine
and amphetamine.
"(2) Information submitted voluntarily from the pharmaceutical
and retail industries involved in the manufacture, distribution,
and sale of drug products containing ephedrine, pseudoephedrine,
and phenylpropanolamine, including information on changes in the
pattern, volume, or both, of sales of ordinary, over-the-counter
pseudoephedrine and phenylpropanolamine products.
"(b) Report. -
"(1) Requirement. - Not later than 1 year after the date of
the enactment of this Act (Oct. 17, 2000), the Attorney General
shall submit to Congress a report on the study conducted under
subsection (a).
"(2) Elements. - The report shall include -
"(A) the findings of the Attorney General as a result of the
study; and
"(B) such recommendations on the need to establish
additional measures to prevent diversion of ordinary,
over-the-counter pseudoephedrine and phenylpropanolamine (such
as a threshold on ordinary, over-the-counter pseudoephedrine
and phenylpropanolamine products) as the Attorney General
considers appropriate.
"(3) Matters considered. - In preparing the report, the
Attorney General shall consider the comments and recommendations
including the comments on the Attorney General's proposed
findings and recommendations, of State and local law enforcement
and regulatory officials and of representatives of the industry
described in subsection (a)(2).
"(c) Regulation of Retail Sales. -
"(1) In general. - Notwithstanding section 401(d) of the
Comprehensive Methamphetamine Control Act of 1996 (Pub. L.
104-237) (21 U.S.C. 802 note) and subject to paragraph (2), the
Attorney General shall establish by regulation a
single-transaction limit of not less than 24 grams of ordinary,
over-the-counter pseudoephedrine or phenylpropanolamine (as the
case may be) for retail distributors, if the Attorney General
finds, in the report under subsection (b), that -
"(A) there is a significant number of instances (as set
forth in paragraph (3)(A) of such section 401(d) for purposes
of such section) where ordinary, over-the-counter
pseudoephedrine products, phenylpropanolamine products, or both
such products that were purchased from retail distributors were
widely used in the clandestine production of illicit drugs; and
"(B) the best practical method of preventing such use is the
establishment of single-transaction limits for retail
distributors of either or both of such products.
"(2) Due process. - The Attorney General shall establish the
single-transaction limit under paragraph (1) only after notice,
comment, and an informal hearing."
REGULATION OF RETAIL SALES OF CERTAIN PRECURSOR CHEMICALS; EFFECT
ON THRESHOLDS; COMBINATION EPHEDRINE PRODUCTS
Section 401(d)-(f) of Pub. L. 104-237 provided that:
"(d) Regulation of Retail Sales. -
"(1) Pseudoephedrine. -
"(A) Limit. -
"(i) In general. - Not sooner than the effective date of
this section (see Effective Date of 1996 Amendments note
above) and subject to the requirements of clause (ii), the
Attorney General may establish by regulation a
single-transaction limit of 24 grams of pseudoephedrine base
for retail distributors. Notwithstanding any other provision
of law, the single-transaction threshold quantity for
pseudoephedrine-containing compounds may not be lowered
beyond that established in this paragraph.
"(ii) Conditions. - In order to establish a
single-transaction limit of 24 grams of pseudoephedrine base,
the Attorney General shall establish, following notice,
comment, and an informal hearing that since the date of
enactment of this Act (Oct. 3, 1996) there are a significant
number of instances where ordinary over-the-counter
pseudoephedrine products as established in paragraph (45) of
section 102 of the Controlled Substances Act (21 U.S.C.
802(45)), as added by this Act, sold by retail distributors
as established in paragraph (46) in section 102 of the
Controlled Substances Act (21 U.S.C. 802(46)), are being
widely used as a significant source of precursor chemicals
for illegal manufacture of a controlled substance for
distribution or sale.
"(B) Violation. - Any individual or business that violates
the thresholds established in this paragraph shall, with
respect to the first such violation, receive a warning letter
from the Attorney General and, if a business, the business
shall be required to conduct mandatory education of the sales
employees of the firm with regard to the legal sales of
pseudoephedrine. For a second violation occurring within 2
years of the first violation, the business or individual shall
be subject to a civil penalty of not more than $5,000. For any
subsequent violation occurring within 2 years of the previous
violation, the business or individual shall be subject to a
civil penalty not to exceed the amount of the previous civil
penalty plus $5,000.
"(2) Phenylpropanolamine. -
"(A) Limit. -
"(i) In general. - Not sooner than the effective date of
this section and subject to the requirements of clause (ii),
the Attorney General may establish by regulation a
single-transaction limit of 24 grams of phenylpropanolamine
base for retail distributors. Notwithstanding any other
provision of law, the single-transaction threshold quantity
for phenylpropanolamine-containing compounds may not be
lowered beyond that established in this paragraph.
"(ii) Conditions. - In order to establish a
single-transaction limit of 24 grams of phenylpropanolamine
base, the Attorney General shall establish, following notice,
comment, and an informal hearing, that since the date of
enactment of this Act there are a significant number of
instances where ordinary over-the-counter phenylpropanolamine
products as established in paragraph (45) of section 102 of
the Controlled Substances Act (21 U.S.C. 802(45)), as added
by this Act, sold by retail distributors as established in
paragraph (46) in section 102 of the Controlled Substances
Act (21 U.S.C. 802(46)), are being used as a significant
source of precursor chemicals for illegal manufacture of a
controlled substance in bulk.
"(B) Violation. - Any individual or business that violates
the thresholds established in this paragraph shall, with
respect to the first such violation, receive a warning letter
from the Attorney General and, if a business, the business
shall be required to conduct mandatory education of the sales
employees of the firm with regard to the legal sales of
pseudoephedrine. For a second violation occurring within 2
years of the first violation, the business or individual shall
be subject to a civil penalty of not more than $5,000. For any
subsequent violation occurring within 2 years of the previous
violation, the business or individual shall be subject to a
civil penalty not to exceed the amount of the previous civil
penalty plus $5,000.
"(3) Significant number of instances. -
"(A) In general. - For purposes of this subsection, isolated
or infrequent use, or use in insubstantial quantities, of
ordinary over-the-counter pseudoephedrine or
phenylpropanolamine, as defined in section 102(45) of the
Controlled Substances Act, as added by section 401(b) of this
Act, and sold at the retail level for the illicit manufacture
of methamphetamine or amphetamine may not be used by the
Attorney General as the basis for establishing the conditions
under paragraph (1)(A)(ii) of this subsection, with respect to
pseudoephedrine, and paragraph (2)(A)(ii) of this subsection,
with respect to phenylpropanolamine.
"(B) Considerations and report. - The Attorney General shall
-
"(i) in establishing a finding under paragraph (1)(A)(ii)
or (2)(A)(ii) of this subsection, consult with the Secretary
of Health and Human Services in order to consider the effects
on public health that would occur from the establishment of
new single transaction limits as provided in such paragraph;
and
"(ii) upon establishing a finding, transmit a report to
the Committees on the Judiciary in both, respectively, the
House of Representatives and the Senate in which the Attorney
General will provide the factual basis for establishing the
new single transaction limits.
"(4) Definition of business. - For purposes of this
subsection, the term 'business' means the entity that makes the
direct sale and does not include the parent company of a business
not involved in a direct sale regulated by this subsection.
"(5) Judicial review. - Any regulation promulgated by the
Attorney General under this section shall be subject to judicial
review pursuant to section 507 of the Controlled Substances Act
(21 U.S.C. 877).
"(e) Effect on Thresholds. - Nothing in the amendments made by
subsection (b) (amending this section) or the provisions of
subsection (d) shall affect the authority of the Attorney General
to modify thresholds (including cumulative thresholds) for retail
distributors for products other than ordinary over-the-counter
pseudoephedrine or phenylpropanolamine products (as defined in
section 102(45) of the Controlled Substances Act (21 U.S.C.
802(45)), as added by this section) or for non-retail distributors,
importers, or exporters.
"(f) Combination Ephedrine Products. -
"(1) In general. - For the purposes of this section,
combination ephedrine products shall be treated the same as
pseudoephedrine products, except that -
"(A) a single transaction limit of 24 grams shall be
effective as of the date of enactment of this Act (Oct. 3,
1996) and shall apply to sales of all combination ephedrine
products, notwithstanding the form in which those products are
packaged, made by retail distributors or distributors required
to submit a report under section 310(b)(3) of the Controlled
Substances Act (21 U.S.C. 830(b)(3)) (as added by section 402
of this Act);
"(B) for regulated transactions for combination ephedrine
products other than sales described in subparagraph (A), the
transaction limit shall be -
"(i) 1 kilogram of ephedrine base, effective on the date
of enactment of this Act; or
"(ii) a threshold other than the threshold described in
clause (i), if established by the Attorney General not
earlier than 1 year after the date of enactment of this Act;
and
"(C) the penalties provided in subsection (d)(1)(B) of this
section shall take effect on the date of enactment of this Act
for any individual or business that violates the single
transaction limit of 24 grams for combination ephedrine
products.
"(2) Definition. - For the purposes of this section, the term
'combination ephedrine product' means a drug product containing
ephedrine or its salts, optical isomers, or salts of optical
isomers and therapeutically significant quantities of another
active medicinal ingredient."
EXEMPTION FOR SUBSTANCES IN PARAGRAPH (41)
Section 1903 of Pub. L. 101-647 provided that:
"(a) Abuse Potential. - The Attorney General, upon the
recommendation of the Secretary of Health and Human Services, may,
by regulation, exempt any compound, mixture, or preparation
containing a substance in paragraph (41) of section 102 of the
Controlled Substances Act (21 U.S.C. 802(41)) (as added by section
2 (1902) of this Act) from the application of all or any part of
the Controlled Substances Act (21 U.S.C. 801 et seq.) if, because
of its concentration, preparation, mixture or delivery system, it
has no significant potential for abuse.
"(b) Drugs for Treatment of Rare Diseases. - If the Attorney
General finds that a drug listed in paragraph (41) of section 102
of the Controlled Substances Act (as added by section 2 (1902) of
this Act) is -
"(1) approved by the Food and Drug Administration as an
accepted treatment for a rare disease or condition, as defined in
section 526 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360bb); and
"(2) does not have a significant potential for abuse, the
Attorney General may exempt such drug from any production
regulations otherwise issued under the Controlled Substances Act
as may be necessary to ensure adequate supplies of such drug for
medical purposes.
"(c) Date of Issuance of Regulations. - The Attorney General
shall issue regulations implementing this section not later than 45
days after the date of enactment of this Act (Nov. 29, 1990),
except that the regulations required under section 3(a) (1903(a))
shall be issued not later than 180 days after the date of enactment
of this Act."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 814, 822, 823, 830, 862a,
889, 951, 956, 957, 958, 967, 1115, 1701, 1907 of this title; title
7 sections 2015, 2021; title 8 sections 1101, 1182, 1227; title 10
section 986; title 16 section 559b; title 18 sections 342, 521,
842, 922, 924, 1791, 1952, 1961, 2118, 3142, 3563, 3592; title 19
sections 1401, 1584, 1607; title 20 section 1091; title 22 sections
2291, 2708, 2714; title 23 section 410; title 25 section 4103;
title 29 sections 1111, 1854, 2892; title 42 sections 201, 1437a,
1437d, 1437f, 1786, 2000e-2, 2473c, 3411, 3602, 3607, 5667, 5667a,
9919, 11851, 11905, 11924, 12602; title 46 section 2101; title 46
App. section 1903; title 48 sections 1902, 1903; title 49 sections
5331, 20140, 30301, 31102, 31301, 31306, 44106, 44111, 44703,
44710, 44713, 45101, 46306, 80302; title 50 section 404i.
-CITE-
21 USC Sec. 803 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. 803. Repealed. Pub. L. 95-137, Sec. 1(b), Oct. 18, 1977, 91
Stat. 1169
-MISC1-
Section, Pub. L. 91-513, title II, Sec. 103, Oct. 27, 1970, 84
Stat. 1245, authorized Bureau of Narcotics and Dangerous Drugs to
add, during fiscal year 1971, 300 agents, together with necessary
supporting personnel, and provided for appropriations of $6,000,000
to carry out such addition.
-CITE-
21 USC Part B - Authority To Control; Standards and
Schedules 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part B - Authority To Control; Standards and Schedules
.
-HEAD-
Part B - Authority To Control; Standards and Schedules
-SECREF-
PART REFERRED TO IN OTHER SECTIONS
This part is referred to in title 50 section 404i.
-CITE-
21 USC Sec. 811 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part B - Authority To Control; Standards and Schedules
-HEAD-
Sec. 811. Authority and criteria for classification of substances
-STATUTE-
(a) Rules and regulations of Attorney General; hearing
The Attorney General shall apply the provisions of this
subchapter to the controlled substances listed in the schedules
established by section 812 of this title and to any other drug or
other substance added to such schedules under this subchapter.
Except as provided in subsections (d) and (e) of this section, the
Attorney General may by rule -
(1) add to such a schedule or transfer between such schedules
any drug or other substance if he -
(A) finds that such drug or other substance has a potential
for abuse, and
(B) makes with respect to such drug or other substance the
findings prescribed by subsection (b) of section 812 of this
title for the schedule in which such drug is to be placed; or
(2) remove any drug or other substance from the schedules if he
finds that the drug or other substance does not meet the
requirements for inclusion in any schedule.
Rules of the Attorney General under this subsection shall be made
on the record after opportunity for a hearing pursuant to the
rulemaking procedures prescribed by subchapter II of chapter 5 of
title 5. Proceedings for the issuance, amendment, or repeal of such
rules may be initiated by the Attorney General (1) on his own
motion, (2) at the request of the Secretary, or (3) on the petition
of any interested party.
(b) Evaluation of drugs and other substances
The Attorney General shall, before initiating proceedings under
subsection (a) of this section to control a drug or other substance
or to remove a drug or other substance entirely from the schedules,
and after gathering the necessary data, request from the Secretary
a scientific and medical evaluation, and his recommendations, as to
whether such drug or other substance should be so controlled or
removed as a controlled substance. In making such evaluation and
recommendations, the Secretary shall consider the factors listed in
paragraphs (2), (3), (6), (7), and (8) of subsection (c) of this
section and any scientific or medical considerations involved in
paragraphs (1), (4), and (5) of such subsection. The
recommendations of the Secretary shall include recommendations with
respect to the appropriate schedule, if any, under which such drug
or other substance should be listed. The evaluation and the
recommendations of the Secretary shall be made in writing and
submitted to the Attorney General within a reasonable time. The
recommendations of the Secretary to the Attorney General shall be
binding on the Attorney General as to such scientific and medical
matters, and if the Secretary recommends that a drug or other
substance not be controlled, the Attorney General shall not control
the drug or other substance. If the Attorney General determines
that these facts and all other relevant data constitute substantial
evidence of potential for abuse such as to warrant control or
substantial evidence that the drug or other substance should be
removed entirely from the schedules, he shall initiate proceedings
for control or removal, as the case may be, under subsection (a) of
this section.
(c) Factors determinative of control or removal from schedules
In making any finding under subsection (a) of this section or
under subsection (b) of section 812 of this title, the Attorney
General shall consider the following factors with respect to each
drug or other substance proposed to be controlled or removed from
the schedules:
(1) Its actual or relative potential for abuse.
(2) Scientific evidence of its pharmacological effect, if
known.
(3) The state of current scientific knowledge regarding the
drug or other substance.
(4) Its history and current pattern of abuse.
(5) The scope, duration, and significance of abuse.
(6) What, if any, risk there is to the public health.
(7) Its psychic or physiological dependence liability.
(8) Whether the substance is an immediate precursor of a
substance already controlled under this subchapter.
(d) International treaties, conventions, and protocols requiring
control; procedures respecting changes in drug schedules of
Convention on Psychotropic Substances
(1) If control is required by United States obligations under
international treaties, conventions, or protocols in effect on
October 27, 1970, the Attorney General shall issue an order
controlling such drug under the schedule he deems most appropriate
to carry out such obligations, without regard to the findings
required by subsection (a) of this section or section 812(b) of
this title and without regard to the procedures prescribed by
subsections (a) and (b) of this section.
(2)(A) Whenever the Secretary of State receives notification from
the Secretary-General of the United Nations that information has
been transmitted by or to the World Health Organization, pursuant
to article 2 of the Convention on Psychotropic Substances, which
may justify adding a drug or other substance to one of the
schedules of the Convention, transferring a drug or substance from
one schedule to another, or deleting it from the schedules, the
Secretary of State shall immediately transmit the notice to the
Secretary of Health and Human Services who shall publish it in the
Federal Register and provide opportunity to interested persons to
submit to him comments respecting the scientific and medical
evaluations which he is to prepare respecting such drug or
substance. The Secretary of Health and Human Services shall
prepare for transmission through the Secretary of State to the
World Health Organization such medical and scientific evaluations
as may be appropriate regarding the possible action that could be
proposed by the World Health Organization respecting the drug or
substance with respect to which a notice was transmitted under this
subparagraph.
(B) Whenever the Secretary of State receives information that the
Commission on Narcotic Drugs of the United Nations proposes to
decide whether to add a drug or other substance to one of the
schedules of the Convention, transfer a drug or substance from one
schedule to another, or delete it from the schedules, the Secretary
of State shall transmit timely notice to the Secretary of Health
and Human Services of such information who shall publish a summary
of such information in the Federal Register and provide opportunity
to interested persons to submit to him comments respecting the
recommendation which he is to furnish, pursuant to this
subparagraph, respecting such proposal. The Secretary of Health
and Human Services shall evaluate the proposal and furnish a
recommendation to the Secretary of State which shall be binding on
the representative of the United States in discussions and
negotiations relating to the proposal.
(3) When the United States receives notification of a scheduling
decision pursuant to article 2 of the Convention on Psychotropic
Substances that a drug or other substance has been added or
transferred to a schedule specified in the notification or receives
notification (referred to in this subsection as a "schedule
notice") that existing legal controls applicable under this
subchapter to a drug or substance and the controls required by the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) do not
meet the requirements of the schedule of the Convention in which
such drug or substance has been placed, the Secretary of Health and
Human Services after consultation with the Attorney General, shall
first determine whether existing legal controls under this
subchapter applicable to the drug or substance and the controls
required by the Federal Food, Drug, and Cosmetic Act, meet the
requirements of the schedule specified in the notification or
schedule notice and shall take the following action:
(A) If such requirements are met by such existing controls but
the Secretary of Health and Human Services nonetheless believes
that more stringent controls should be applied to the drug or
substance, the Secretary shall recommend to the Attorney General
that he initiate proceedings for scheduling the drug or
substance, pursuant to subsections (a) and (b) of this section,
to apply to such controls.
(B) If such requirements are not met by such existing controls
and the Secretary of Health and Human Services concurs in the
scheduling decision or schedule notice transmitted by the
notification, the Secretary shall recommend to the Attorney
General that he initiate proceedings for scheduling the drug or
substance under the appropriate schedule pursuant to subsections
(a) and (b) of this section.
(C) If such requirements are not met by such existing controls
and the Secretary of Health and Human Services does not concur in
the scheduling decision or schedule notice transmitted by the
notification, the Secretary shall -
(i) if he deems that additional controls are necessary to
protect the public health and safety, recommend to the Attorney
General that he initiate proceedings for scheduling the drug or
substance pursuant to subsections (a) and (b) of this section,
to apply such additional controls;
(ii) request the Secretary of State to transmit a notice of
qualified acceptance, within the period specified in the
Convention, pursuant to paragraph 7 of article 2 of the
Convention, to the Secretary-General of the United Nations;
(iii) request the Secretary of State to transmit a notice of
qualified acceptance as prescribed in clause (ii) and request
the Secretary of State to ask for a review by the Economic and
Social Council of the United Nations, in accordance with
paragraph 8 of article 2 of the Convention, of the scheduling
decision; or
(iv) in the case of a schedule notice, request the Secretary
of State to take appropriate action under the Convention to
initiate proceedings to remove the drug or substance from the
schedules under the Convention or to transfer the drug or
substance to a schedule under the Convention different from the
one specified in the schedule notice.
(4)(A) If the Attorney General determines, after consultation
with the Secretary of Health and Human Services, that proceedings
initiated under recommendations made under paragraph (FOOTNOTE 1)
(B) or (C)(i) of paragraph (3) will not be completed within the
time period required by paragraph 7 of article 2 of the Convention,
the Attorney General, after consultation with the Secretary and
after providing interested persons opportunity to submit comments
respecting the requirements of the temporary order to be issued
under this sentence, shall issue a temporary order controlling the
drug or substance under schedule IV or V, whichever is most
appropriate to carry out the minimum United States obligations
under paragraph 7 of article 2 of the Convention. As a part of such
order, the Attorney General shall, after consultation with the
Secretary, except such drug or substance from the application of
any provision of part C of this subchapter which he finds is not
required to carry out the United States obligations under paragraph
7 of article 2 of the Convention. In the case of proceedings
initiated under subparagraph (B) of paragraph (3), the Attorney
General, concurrently with the issuance of such order, shall
request the Secretary of State to transmit a notice of qualified
acceptance to the Secretary-General of the United Nations pursuant
to paragraph 7 of article 2 of the Convention. A temporary order
issued under this subparagraph controlling a drug or other
substance subject to proceedings initiated under subsections (a)
and (b) of this section shall expire upon the effective date of the
application to the drug or substance of the controls resulting from
such proceedings.
(FOOTNOTE 1) So in original. Probably should be
"subparagraph".
(B) After a notice of qualified acceptance of a scheduling
decision with respect to a drug or other substance is transmitted
to the Secretary-General of the United Nations in accordance with
clause (ii) or (iii) of paragraph (3)(C) or after a request has
been made under clause (iv) of such paragraph with respect to a
drug or substance described in a schedule notice, the Attorney
General, after consultation with the Secretary of Health and Human
Services and after providing interested persons opportunity to
submit comments respecting the requirements of the order to be
issued under this sentence, shall issue an order controlling the
drug or substance under schedule IV or V, whichever is most
appropriate to carry out the minimum United States obligations
under paragraph 7 of article 2 of the Convention in the case of a
drug or substance for which a notice of qualified acceptance was
transmitted or whichever the Attorney General determines is
appropriate in the case of a drug or substance described in a
schedule notice. As a part of such order, the Attorney General
shall, after consultation with the Secretary, except such drug or
substance from the application of any provision of part C of this
subchapter which he finds is not required to carry out the United
States obligations under paragraph 7 of article 2 of the
Convention. If, as a result of a review under paragraph 8 of
article 2 of the Convention of the scheduling decision with respect
to which a notice of qualified acceptance was transmitted in
accordance with clause (ii) or (iii) of paragraph (3)(C) -
(i) the decision is reversed, and
(ii) the drug or substance subject to such decision is not
required to be controlled under schedule IV or V to carry out the
minimum United States obligations under paragraph 7 of article 2
of the Convention,
the order issued under this subparagraph with respect to such drug
or substance shall expire upon receipt by the United States of the
review decision. If, as a result of action taken pursuant to
action initiated under a request transmitted under clause (iv) of
paragraph (3)(C), the drug or substance with respect to which such
action was taken is not required to be controlled under schedule IV
or V, the order issued under this paragraph with respect to such
drug or substance shall expire upon receipt by the United States of
a notice of the action taken with respect to such drug or substance
under the Convention.
(C) An order issued under subparagraph (A) or (B) may be issued
without regard to the findings required by subsection (a) of this
section or by section 812(b) of this title and without regard to
the procedures prescribed by subsection (a) or (b) of this section.
(5) Nothing in the amendments made by the Psychotropic Substances
Act of 1978 or the regulations or orders promulgated thereunder
shall be construed to preclude requests by the Secretary of Health
and Human Services or the Attorney General through the Secretary of
State, pursuant to article 2 or other applicable provisions of the
Convention, for review of scheduling decisions under such
Convention, based on new or additional information.
(e) Immediate precursors
The Attorney General may, without regard to the findings required
by subsection (a) of this section or section 812(b) of this title
and without regard to the procedures prescribed by subsections (a)
and (b) of this section, place an immediate precursor in the same
schedule in which the controlled substance of which it is an
immediate precursor is placed or in any other schedule with a
higher numerical designation. If the Attorney General designates a
substance as an immediate precursor and places it in a schedule,
other substances shall not be placed in a schedule solely because
they are its precursors.
(f) Abuse potential
If, at the time a new-drug application is submitted to the
Secretary for any drug having a stimulant, depressant, or
hallucinogenic effect on the central nervous system, it appears
that such drug has an abuse potential, such information shall be
forwarded by the Secretary to the Attorney General.
(g) Exclusion of non-narcotic substances sold over the counter
without a prescription; dextromethorphan; exemption of
substances lacking abuse potential
(1) The Attorney General shall by regulation exclude any
non-narcotic substance from a schedule if such substance may, under
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.),
be lawfully sold over the counter without a prescription.
(2) Dextromethorphan shall not be deemed to be included in any
schedule by reason of enactment of this subchapter unless
controlled after October 27, 1970 pursuant to the foregoing
provisions of this section.
(3) The Attorney General may, by regulation, exempt any compound,
mixture, or preparation containing a controlled substance from the
application of all or any part of this subchapter if he finds such
compound, mixture, or preparation meets the requirements of one of
the following categories:
(A) A mixture, or preparation containing a nonnarcotic
controlled substance, which mixture or preparation is approved
for prescription use, and which contains one or more other active
ingredients which are not listed in any schedule and which are
included therein in such combinations, quantity, proportion, or
concentration as to vitiate the potential for abuse.
(B) A compound, mixture, or preparation which contains any
controlled substance, which is not for administration to a human
being or animal, and which is packaged in such form or
concentration, or with adulterants or denaturants, so that as
packaged it does not present any significant potential for abuse.
(h) Temporary scheduling to avoid imminent hazards to public safety
(1) If the Attorney General finds that the scheduling of a
substance in schedule I on a temporary basis is necessary to avoid
an imminent hazard to the public safety, he may, by order and
without regard to the requirements of subsection (b) of this
section relating to the Secretary of Health and Human Services,
schedule such substance in schedule I if the substance is not
listed in any other schedule in section 812 of this title or if no
exemption or approval is in effect for the substance under section
505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355).
Such an order may not be issued before the expiration of thirty
days from -
(A) the date of the publication by the Attorney General of a
notice in the Federal Register of the intention to issue such
order and the grounds upon which such order is to be issued, and
(B) the date the Attorney General has transmitted the notice
required by paragraph (4).
(2) The scheduling of a substance under this subsection shall
expire at the end of one year from the date of the issuance of the
order scheduling such substance, except that the Attorney General
may, during the pendency of proceedings under subsection (a)(1) of
this section with respect to the substance, extend the temporary
scheduling for up to six months.
(3) When issuing an order under paragraph (1), the Attorney
General shall be required to consider, with respect to the finding
of an imminent hazard to the public safety, only those factors set
forth in paragraphs (4), (5), and (6) of subsection (c) of this
section, including actual abuse, diversion from legitimate
channels, and clandestine importation, manufacture, or
distribution.
(4) The Attorney General shall transmit notice of an order
proposed to be issued under paragraph (1) to the Secretary of
Health and Human Services. In issuing an order under paragraph (1),
the Attorney General shall take into consideration any comments
submitted by the Secretary in response to a notice transmitted
pursuant to this paragraph.
(5) An order issued under paragraph (1) with respect to a
substance shall be vacated upon the conclusion of a subsequent
rulemaking proceeding initiated under subsection (a) of this
section with respect to such substance.
(6) An order issued under paragraph (1) is not subject to
judicial review.
-SOURCE-
(Pub. L. 91-513, title II, Sec. 201, Oct. 27, 1970, 84 Stat. 1245;
Pub. L. 95-633, title I, Sec. 102(a), Nov. 10, 1978, 92 Stat. 3769;
Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695;
Pub. L. 98-473, title II, Sec. 508, 509(a), Oct. 12, 1984, 98 Stat.
2071, 2072.)
-REFTEXT-
REFERENCES IN TEXT
This subchapter, referred to in subsecs. (a), (c)(8), (d)(3),
(4)(A), (B), and (g)(2), (3), 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.
The Federal Food, Drug, and Cosmetic Act, referred to in subsecs.
(d)(3) and (g)(1), 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.
Schedules I, IV, and V, referred to in subsecs. (d)(4)(A), (B),
and (h)(1), are set out in section 812(c) of this title.
The Psychotropic Substances Act of 1978, referred to in subsec.
(d)(5), is Pub. L. 95-633, Nov. 10, 1978, 92 Stat. 3768, 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.
-MISC2-
AMENDMENTS
1984 - Subsec. (g)(3). Pub. L. 98-473, Sec. 509(a), added par.
(3).
Subsec. (h). Pub. L. 98-473, Sec. 508, added subsec. (h).
1978 - Subsec. (d). Pub. L. 95-633 designated existing provisions
as par. (1) and added pars. (2) to (5).
-CHANGE-
CHANGE OF NAME
"Secretary of Health and Human Services" substituted for
"Secretary of Health, Education, and Welfare" in subsec. (d)(2),
(3), (4)(A), (B), (5) pursuant to section 509(b) of Pub. L. 96-88
which is classified to section 3508(b) of Title 20, Education.
-MISC4-
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-633 effective on date the Convention on
Psychotropic Substances enters into force in the United States
(July 15, 1980), see section 112 of Pub. L. 95-633, set out as an
Effective Date note under section 801a of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 812, 872, 1115 of this
title.
-CITE-
21 USC Sec. 812 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part B - Authority To Control; Standards and Schedules
-HEAD-
Sec. 812. Schedules of controlled substances
-STATUTE-
(a) Establishment
There are established five schedules of controlled substances, to
be known as schedules I, II, III, IV, and V. Such schedules shall
initially consist of the substances listed in this section. The
schedules established by this section shall be updated and
republished on a semiannual basis during the two-year period
beginning one year after October 27, 1970, and shall be updated and
republished on an annual basis thereafter.
(b) Placement on schedules; findings required
Except where control is required by United States obligations
under an international treaty, convention, or protocol, in effect
on October 27, 1970, and except in the case of an immediate
precursor, a drug or other substance may not be placed in any
schedule unless the findings required for such schedule are made
with respect to such drug or other substance. The findings
required for each of the schedules are as follows:
(1) Schedule I. -
(A) The drug or other substance has a high potential for abuse.
(B) The drug or other substance has no currently accepted
medical use in treatment in the United States.
(C) There is a lack of accepted safety for use of the drug or
other substance under medical supervision.
(2) Schedule II. -
(A) The drug or other substance has a high potential for abuse.
(B) The drug or other substance has a currently accepted
medical use in treatment in the United States or a currently
accepted medical use with severe restrictions.
(C) Abuse of the drug or other substances may lead to severe
psychological or physical dependence.
(3) Schedule III. -
(A) The drug or other substance has a potential for abuse less
than the drugs or other substances in schedules I and II.
(B) The drug or other substance has a currently accepted
medical use in treatment in the United States.
(C) Abuse of the drug or other substance may lead to moderate
or low physical dependence or high psychological dependence.
(4) Schedule IV. -
(A) The drug or other substance has a low potential for abuse
relative to the drugs or other substances in schedule III.
(B) The drug or other substance has a currently accepted
medical use in treatment in the United States.
(C) Abuse of the drug or other substance may lead to limited
physical dependence or psychological dependence relative to the
drugs or other substances in schedule III.
(5) Schedule V. -
(A) The drug or other substance has a low potential for abuse
relative to the drugs or other substances in schedule IV.
(B) The drug or other substance has a currently accepted
medical use in treatment in the United States.
(C) Abuse of the drug or other substance may lead to limited
physical dependence or psychological dependence relative to the
drugs or other substances in schedule IV.
(c) Initial schedules of controlled substances
Schedules I, II, III, IV, and V shall, unless and until amended
(FOOTNOTE 1) pursuant to section 811 of this title, consist of the
following drugs or other substances, by whatever official name,
common or usual name, chemical name, or brand name designated:
(FOOTNOTE 1) Revised schedules are published in the Code of
Federal Regulations, Part 1308 of Title 21, Food and Drugs.
SCHEDULE I
(a) Unless specifically excepted or unless listed in another
schedule, any of the following 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:
(1) Acetylmethadol.
(2) Allylprodine.
(3) Alphacetylmathadol. (FOOTNOTE 2)
(FOOTNOTE 2) So in original. Probably should be
"Alphacetylmethadol."
(4) Alphameprodine.
(5) Alphamethadol.
(6) Benzethidine.
(7) Betacetylmethadol.
(8) Betameprodine.
(9) Betamethadol.
(10) Betaprodine.
(11) Clonitazene.
(12) Dextromoramide.
(13) Dextrorphan.
(14) Diampromide.
(15) Diethylthiambutene.
(16) Dimenoxadol.
(17) Dimepheptanol.
(18) Dimethylthiambutene.
(19) Dioxaphetyl butyrate.
(20) Dipipanone.
(21) Ethylmethylthiambutene.
(22) Etonitazene.
(23) Etoxeridine.
(24) Furethidine.
(25) Hydroxypethidine.
(26) Ketobemidone.
(27) Levomoramide.
(28) Levophenacylmorphan.
(29) Morpheridine.
(30) Noracymethadol.
(31) Norlevorphanol.
(32) Normethadone.
(33) Norpipanone.
(34) Phenadoxone.
(35) Phenampromide.
(36) Phenomorphan.
(37) Phenoperidine.
(38) Piritramide.
(39) Propheptazine.
(40) Properidine.
(41) Racemoramide.
(42) Trimeperidine.
(b) Unless specifically excepted or unless listed in another
schedule, any of the following opium derivatives, their salts,
isomers, and salt of isomers whenever the existence of such salts,
isomers, and salts of isomers is possible within the specific
chemical designation:
(1) Acetorphine.
(2) Acetyldihydrocodeine.
(3) Benzylmorphine.
(4) Codeine methylbromide.
(5) Codeine-N-Oxide.
(6) Cyprenorphine.
(7) Desomorphine.
(8) Dihydromorphine.
(9) Etorphine.
(10) Heroin.
(11) Hydromorphinol.
(12) Methyldesorphine.
(13) Methylhydromorphine.
(14) Morphine methylbromide.
(15) Morphine methylsulfonate.
(16) Morphine-N-Oxide.
(17) Myrophine.
(18) Nicocodeine.
(19) Nicomorphine.
(20) Normorphine.
(21) Pholcodine.
(22) Thebacon.
(c) Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation, which
contains any quantity of the following hallucinogenic substances,
or which contains any of their salts, isomers, and salts of isomers
whenever the existence of such salts, isomers, and salts of isomers
is possible within the specific chemical designation:
(1) 3,4-methylenedioxy amphetamine.
(2) 5-methoxy-3,4-methylenedioxy amphetamine.
(3) 3,4,5-trimethoxy amphetamine.
(4) Bufotenine.
(5) Diethyltryptamine.
(6) Dimethyltryptamine.
(7) 4-methyl-2,5-diamethoxyamphetamine.
(8) Ibogaine.
(9) Lysergic acid diethylamide.
(10) Marihuana.
(11) Mescaline.
(12) Peyote.
(13) N-ethyl-3-piperidyl benzilate.
(14) N-methyl-3-piperidyl benzilate.
(15) Psilocybin.
(16) Psilocyn.
(17) Tetrahydrocannabinols.
SCHEDULE II
(a) Unless specifically excepted or unless listed in another
schedule, any of the following substances 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:
(1) Opium and opiate, and any salt, compound, derivative, or
preparation of opium or opiate.
(2) Any salt, compound, derivative, or preparation thereof
which is chemically equivalent or identical with any of the
substances referred to in clause (1), except that these
substances shall not include the isoquinoline alkaloids of opium.
(3) Opium poppy and poppy straw.
(4) coca (FOOTNOTE 3) leaves, except coca leaves and extracts
of coca leaves from which cocaine, ecgonine, and derivatives of
ecgonine or their salts have been removed; cocaine, its salts,
optical and geometric isomers, and salts of isomers; ecgonine,
its derivatives, their salts, isomers, and salts of isomers; or
any compound, mixture, or preparation which contains any quantity
of any of the substances referred to in this paragraph.
(FOOTNOTE 3) So in original. Probably should be capitalized.
(b) Unless specifically excepted or unless listed in another
schedule, any of the following 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:
(1) Alphaprodine.
(2) Anileridine.
(3) Bezitramide.
(4) Dihydrocodeine.
(5) Diphenoxylate.
(6) Fentanyl.
(7) Isomethadone.
(8) Levomethorphan.
(9) Levorphanol.
(10) Metazocine.
(11) Methadone.
(12) Methadone-Intermediate,
4-cyano-2-dimethylamino-4,4-diphenyl butane.
(13) Moramide-Intermediate, 2-methyl-3-morpholino-1,
1-diphenylpropane-carboxylic acid.
(14) Pethidine.
(15) Pethidine-Intermediate-A,
4-cyano-1-methyl-4-phenylpiperidine.
(16) Pethidine-Intermediate-B,
ethyl-4-phenylpiperidine-4-carboxylate.
(17) Pethidine-Intermediate-C,
1-methyl-4-phenylpiperidine-4-carboxylic acid.
(18) Phenazocine.
(19) Piminodine.
(20) Racemethorphan.
(21) Racemorphan.
(c) Unless specifically excepted or unless listed in another
schedule, any injectable liquid which contains any quantity of
methamphetamine, including its salts, isomers, and salts of
isomers.
SCHEDULE III
(a) Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation which
contains any quantity of the following substances having a
stimulant effect on the central nervous system:
(1) Amphetamine, its salts, optical isomers, and salts of its
optical isomers.
(2) Phenmetrazine and its salts.
(3) Any substance (except an injectable liquid) which contains
any quantity of methamphetamine, including its salts, isomers,
and salts of isomers.
(4) Methylphenidate.
(b) Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation which
contains any quantity of the following substances having a
depressant effect on the central nervous system:
(1) Any substance which contains any quantity of a derivative
of barbituric acid, or any salt of a derivative of barbituric
acid.
(2) Chorhexadol.
(3) Glutehimide.
(4) Lysergic acid.
(5) Lysergic acid amide.
(6) Methyprylon.
(7) Phencyclidine.
(8) Sulfondiethylmethane.
(9) Sulfonethylmethane.
(10) Sulfonmethane.
(c) Nalorphine.
(d) Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation
containing limited quantities of any of the following narcotic
drugs, or any salts thereof:
(1) Not more than 1.8 grams of codeine per 100 milliliters or
not more than 90 milligrams per dosage unit, with an equal or
greater quantity of an isoquinoline alkaloid of opium.
(2) Not more than 1.8 grams of codeine per 100 milliliters or
not more than 90 milligrams per dosage unit, with one or more
active, non-narcotic ingredients in recognized therapeutic
amounts.
(3) Not more than 300 milligrams of dihydrocodeinone per 100
milliliters or not more than 15 milligrams per dosage unit, with
a fourfold or greater quantity of an isoquinoline alkaloid of
opium.
(4) Not more than 300 milligrams of dihydrocodeinone per 100
milliliters or not more than 15 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized
therapeutic amounts.
(5) Not more than 1.8 grams of dihydrocodeine per 100
milliliters or not more than 90 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized
therapeutic amounts.
(6) Not more than 300 milligrams of ethylmorphine per 100
milliliters or not more than 15 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized
therapeutic amounts.
(7) Not more than 500 milligrams of opium per 100 milliliters
or per 100 grams, or not more than 25 milligrams per dosage unit,
with one or more active, nonnarcotic ingredients in recognized
therapeutic amounts.
(8) Not more than 50 milligrams of morphine per 100 milliliters
or per 100 grams with one or more active, nonnarcotic ingredients
in recognized therapeutic amounts.
(e) Anabolic steroids.
SCHEDULE IV
(1) Barbital.
(2) Chloral betaine.
(3) Chloral hydrate.
(4) Ethchlorvynol.
(5) Ethinamate.
(6) Methohexital.
(7) Meprobamate.
(8) Methylphenobarbital.
(9) Paraldehyde.
(10) Petrichloral.
(11) Phenobarbital.
SCHEDULE V
Any compound, mixture, or preparation containing any of the
following limited quantities of narcotic drugs, which shall include
one or more nonnarcotic active medicinal ingredients in sufficient
proportion to confer upon the compound, mixture, or preparation
valuable medicinal qualities other than those possessed by the
narcotic drug alone:
(1) Not more than 200 milligrams of codeine per 100 milliliters
or per 100 grams.
(2) Not more than 100 milligrams of dihydrocodeine per 100
milliliters or per 100 grams.
(3) Not more than 100 milligrams of ethylmorphine per 100
milliliters or per 100 grams.
(4) Not more than 2.5 milligrams of diphenoxylate and not less
than 25 micrograms of atropine sulfate per dosage unit.
(5) Not more than 100 milligrams of opium per 100 milliliters
or per 100 grams.
-SOURCE-
(Pub. L. 91-513, title II, Sec. 202, Oct. 27, 1970, 84 Stat. 1247;
Pub. L. 95-633, title I, Sec. 103, Nov. 10, 1978, 92 Stat. 3772;
Pub. L. 98-473, title II, Sec. 507(c), 509(b), Oct. 12, 1984, 98
Stat. 2071, 2072; Pub. L. 99-570, title I, Sec. 1867, Oct. 27,
1986, 100 Stat. 3207-55; Pub. L. 99-646, Sec. 84, Nov. 10, 1986,
100 Stat. 3619; Pub. L. 101-647, title XIX, Sec. 1902(a), Nov. 29,
1990, 104 Stat. 4851.)
-MISC1-
AMENDMENTS
1990 - Subsec. (c). Pub. L. 101-647 added item (e) at end of
schedule III.
1986 - Subsec. (c). Pub. L. 99-646 amended schedule II(a)(4)
generally. Prior to amendment, schedule II(a)(4) read as follows:
"Coca leaves (except coca leaves and extracts of coca leaves from
which cocaine, ecgonine, and derivatives of ecgonine or their salts
have been removed); cocaine, its salts, optical and geometric
isomers, and salts of isomers; and ecgonine, its derivatives, their
salts, isomers, and salts of isomers."
Pub. L. 99-570 amended schedule II(a)(4) generally. Prior to
amendment, schedule II(a)(4) read as follows: "Coca leaves and any
salt, compound, derivative, or preparation of coca leaves
(including cocaine and ecgonine and their salts, isomers,
derivatives, and salts of isomers and derivatives), and any salt,
compound, derivative, or preparation thereof which is chemically
equivalent or identical with any of these substances, except that
the substances shall not include decocainized coca leaves or
extraction of coca leaves, which extractions do not contain cocaine
or ecgonine."
1984 - Subsec. (c). Pub. L. 98-473, Sec. 507(c), in schedule
II(a)(4) added applicability to cocaine and ecgonine and their
salts, isomers, etc.
Subsec. (d). Pub. L. 98-473, Sec. 509(b), struck out subsec. (d)
which related to authority of Attorney General to except stimulants
or depressants containing active medicinal ingredients.
1978 - Subsec. (d)(3). Pub. L. 95-633 added cl. (3).
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-647 effective 90 days after Nov. 29,
1990, see section 1902(d) of Pub. L. 101-647, set out as a note
under section 802 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-633 effective on date the Convention on
Psychotropic Substances enters into force in the United States
(July 15, 1980), see section 112 of Pub. L. 95-633, set out as an
Effective Date note under section 801a of this title.
CONGRESSIONAL FINDING; EMERGENCY SCHEDULING OF GHB IN CONTROLLED
SUBSTANCES ACT
Pub. L. 106-172, Sec. 2, 3(a), Feb. 18, 2000, 114 Stat. 7, 8,
provided that:
"SEC. 2. FINDINGS.
"Congress finds as follows:
"(1) Gamma hydroxybutyric acid (also called G, Liquid X,
Liquid Ecstasy, Grievous Bodily Harm, Georgia Home Boy, Scoop)
has become a significant and growing problem in law enforcement.
At least 20 States have scheduled such drug in their drug laws
and law enforcement officials have been experiencing an increased
presence of the drug in driving under the influence, sexual
assault, and overdose cases especially at night clubs and
parties.
"(2) A behavioral depressant and a hypnotic, gamma
hydroxybutyric acid ('GHB') is being used in conjunction with
alcohol and other drugs with detrimental effects in an increasing
number of cases. It is difficult to isolate the impact of such
drug's ingestion since it is so typically taken with an
ever-changing array of other drugs and especially alcohol which
potentiates its impact.
"(3) GHB takes the same path as alcohol, processes via alcohol
dehydrogenase, and its symptoms at high levels of intake and as
impact builds are comparable to alcohol ingestion/intoxication.
Thus, aggression and violence can be expected in some individuals
who use such drug.
"(4) If taken for human consumption, common industrial
chemicals such as gamma butyrolactone and 1.4-butanediol are
swiftly converted by the body into GHB. Illicit use of these and
other GHB analogues and precursor chemicals is a significant and
growing law enforcement problem.
"(5) A human pharmaceutical formulation of gamma
hydroxybutyric acid is being developed as a treatment for
cataplexy, a serious and debilitating disease. Cataplexy, which
causes sudden and total loss of muscle control, affects about 65
percent of the estimated 180,000 Americans with narcolepsy, a
sleep disorder. People with cataplexy often are unable to work,
drive a car, hold their children or live a normal life.
"(6) Abuse of illicit GHB is an imminent hazard to public
safety that requires immediate regulatory action under the
Controlled Substances Act (21 U.S.C. 801 et seq.).
"SEC. 3. EMERGENCY SCHEDULING OF GAMMA HYDROXYBUTYRIC ACID AND
LISTING OF GAMMA BUTYROLACTONE AS LIST I CHEMICAL.
"(a) Emergency Scheduling of GHB. -
"(1) In general. - The Congress finds that the abuse of
illicit gamma hydroxybutyric acid is an imminent hazard to the
public safety. Accordingly, the Attorney General,
notwithstanding sections 201(a), 201(b), 201(c), and 202 of the
Controlled Substances Act (21 U.S.C. 811(a)-(c), 812), shall
issue, not later than 60 days after the date of the enactment of
this Act (Feb. 18, 2000), a final order that schedules such drug
(together with its salts, isomers, and salts of isomers) in the
same schedule under section 202(c) of the Controlled Substances
Act as would apply to a scheduling of a substance by the Attorney
General under section 201(h)(1) of such Act (relating to imminent
hazards to the public safety), except as follows:
"(A) For purposes of any requirements that relate to the
physical security of registered manufacturers and registered
distributors, the final order shall treat such drug, when the
drug is manufactured, distributed, or possessed in accordance
with an exemption under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355(i)) (whether the
exemption involved is authorized before, on, or after the date
of the enactment of this Act (Feb. 18, 2000)), as being in the
same schedule as that recommended by the Secretary of Health
and Human Services for the drug when the drug is the subject of
an authorized investigational new drug application (relating to
such section 505(i)). The recommendation referred to in the
preceding sentence is contained in the first paragraph of the
letter transmitted on May 19, 1999, by such Secretary (acting
through the Assistant Secretary for Health) to the Attorney
General (acting through the Deputy Administrator of the Drug
Enforcement Administration), which letter was in response to
the letter transmitted by the Attorney General (acting through
such Deputy Administrator) on September 16, 1997. In publishing
the final order in the Federal Register, the Attorney General
shall publish a copy of the letter that was transmitted by the
Secretary of Health and Human Services.
"(B) In the case of gamma hydroxybutyric acid that is
contained in a drug product for which an application is
approved under section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355) (whether the application involved
is approved before, on, or after the date of the enactment of
this Act (Feb. 18, 2000)), the final order shall schedule such
drug in the same schedule as that recommended by the Secretary
of Health and Human Services for authorized formulations of the
drug. The recommendation referred to in the preceding sentence
is contained in the last sentence of the fourth paragraph of
the letter referred to in subparagraph (A) with respect to May
19, 1999.
"(2) Failure to issue order. - If the final order is not
issued within the period specified in paragraph (1), gamma
hydroxybutyric acid (together with its salts, isomers, and salts
of isomers) is deemed to be scheduled under section 202(c) of the
Controlled Substances Act (21 U.S.C. 812(c)) in accordance with
the policies described in paragraph (1), as if the Attorney
General had issued a final order in accordance with such
paragraph."
PLACEMENT OF PIPRADROL AND SPA IN SCHEDULE IV TO CARRY OUT
OBLIGATION UNDER CONVENTION ON PSYCHOTROPIC SUBSTANCES
Section 102(c) of Pub. L. 95-633 provided that: "For the purpose
of carrying out the minimum United States obligations under
paragraph 7 of article 2 of the Convention on Psychotropic
Substances, signed at Vienna, Austria, on February 21, 1971, with
respect to pipradrol and SPA (also known as
(-)-1-dimethylamino-1,2-diphenylethane), the Attorney General shall
by order, made without regard to sections 201 and 202 of the
Controlled Substances Act (this section and section 811 of this
title), place such drugs in schedule IV of such Act (see subsec.
(c) of this section)."
Provision of section 102(c) of Pub. L. 95-633, set out above,
effective on the date the Convention on Psychotropic Substances
enters into force in the United States (July 15, 1980), see section
112 of Pub. L. 95-633, set out as an Effective Date note under
section 801a of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 384, 811, 1115, 1523,
1703 of this title; title 10 section 912a; title 19 section 2484;
title 20 section 1415; title 29 sections 705, 2006; title 41
section 706; title 42 sections 12111, 12210.
-CITE-
21 USC Sec. 813 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part B - Authority To Control; Standards and Schedules
-HEAD-
Sec. 813. Treatment of controlled substance analogues
-STATUTE-
A controlled substance analogue shall, to the extent intended for
human consumption, be treated, for the purposes of any Federal law
as a controlled substance in schedule I.
-SOURCE-
(Pub. L. 91-513, title II, Sec. 203, as added Pub. L. 99-570, title
I, Sec. 1202, Oct. 27, 1986, 100 Stat. 3207-13; amended Pub. L.
100-690, title VI, Sec. 6470(c), Nov. 18, 1988, 102 Stat. 4378.)
-REFTEXT-
REFERENCES IN TEXT
Schedule I, referred to in text, is set out in section 812(c) of
this title.
-MISC2-
AMENDMENTS
1988 - Pub. L. 100-690 substituted "any Federal law" for "this
subchapter and subchapter II of this chapter".
-CITE-
21 USC Sec. 814 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part B - Authority To Control; Standards and Schedules
-HEAD-
Sec. 814. Removal of exemption of certain drugs
-STATUTE-
(a) Removal of exemption
The Attorney General shall by regulation remove from exemption
under section 802(39)(A)(iv) of this title a drug or group of drugs
that the Attorney General finds is being diverted to obtain a
listed chemical for use in the illicit production of a controlled
substance.
(b) Factors to be considered
In removing a drug or group of drugs from exemption under
subsection (a) of this section, the Attorney General shall
consider, with respect to a drug or group of drugs that is proposed
to be removed from exemption -
(1) the scope, duration, and significance of the diversion;
(2) whether the drug or group of drugs is formulated in such a
way that it cannot be easily used in the illicit production of a
controlled substance; and
(3) whether the listed chemical can be readily recovered from
the drug or group of drugs.
(c) Specificity of designation
The Attorney General shall limit the designation of a drug or a
group of drugs removed from exemption under subsection (a) of this
section to the most particularly identifiable type of drug or group
of drugs for which evidence of diversion exists unless there is
evidence, based on the pattern of diversion and other relevant
factors, that the diversion will not be limited to that particular
drug or group of drugs.
(d) Reinstatement of exemption with respect to particular drug
products
(1) Reinstatement
On application by a manufacturer of a particular drug product
that has been removed from exemption under subsection (a) of this
section, the Attorney General shall by regulation reinstate the
exemption with respect to that particular drug product if the
Attorney General determines that the particular drug product is
manufactured and distributed in a manner that prevents diversion.
(2) Factors to be considered
In deciding whether to reinstate the exemption with respect to
a particular drug product under paragraph (1), the Attorney
General shall consider -
(A) the package sizes and manner of packaging of the drug
product;
(B) the manner of distribution and advertising of the drug
product;
(C) evidence of diversion of the drug product;
(D) any actions taken by the manufacturer to prevent
diversion of the drug product; and
(E) such other factors as are relevant to and consistent with
the public health and safety, including the factors described
in subsection (b) of this section as applied to the drug
product.
(3) Status pending application for reinstatement
A transaction involving a particular drug product that is the
subject of a bona fide pending application for reinstatement of
exemption filed with the Attorney General not later than 60 days
after a regulation removing the exemption is issued pursuant to
subsection (a) of this section shall not be considered to be a
regulated transaction if the transaction occurs during the
pendency of the application and, if the Attorney General denies
the application, during the period of 60 days following the date
on which the Attorney General denies the application, unless -
(A) the Attorney General has evidence that, applying the
factors described in subsection (b) of this section to the drug
product, the drug product is being diverted; and
(B) the Attorney General so notifies the applicant.
(4) Amendment and modification
A regulation reinstating an exemption under paragraph (1) may
be modified or revoked with respect to a particular drug product
upon a finding that -
(A) applying the factors described in subsection (b) of this
section to the drug product, the drug product is being
diverted; or
(B) there is a significant change in the data that led to the
issuance of the regulation.
(e) Reinstatement of exemption with respect to ephedrine,
pseudoephedrine, and phenylpropanolamine drug products
Pursuant to subsection (d)(1) of this section, the Attorney
General shall by regulation reinstate the exemption with respect to
a particular ephedrine, pseudoephedrine, or phenylpropanolamine
drug product if the Attorney General determines that the drug
product is manufactured and distributed in a manner that prevents
diversion. In making this determination the Attorney General shall
consider the factors listed in subsection (d)(2) of this section.
Any regulation issued pursuant to this subsection may be amended or
revoked based on the factors listed in subsection (d)(4) of this
section.
-SOURCE-
(Pub. L. 91-513, title II, Sec. 204, as added Pub. L. 103-200, Sec.
2(b)(1), Dec. 17, 1993, 107 Stat. 2334; amended Pub. L. 104-237,
title IV, Sec. 401(c), Oct. 3, 1996, 110 Stat. 3108.)
-MISC1-
AMENDMENTS
1996 - Subsec. (e). Pub. L. 104-237 added subsec. (e).
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-237 not applicable to sale of any
pseudoephedrine or phenylpropanolamine product prior to 12 months
after Oct. 3, 1996, except that, on application of manufacturer of
particular drug product, Attorney General may exercise sole and
judicially unreviewable discretion to extend such effective date up
to additional 6 months, see section 401(g) of Pub. L. 104-237, set
out as a note under section 802 of this title.
EFFECTIVE DATE
Section effective on date that is 120 days after Dec. 17, 1993,
see section 11 of Pub. L. 103-200, set out as an Effective Date of
1993 Amendment note under section 802 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 802 of this title.
-CITE-
21 USC Part C - Registration of Manufacturers,
Distributors, and Dispensers of Controlled
Substances 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part C - Registration of Manufacturers, Distributors, and
Dispensers of Controlled Substances
.
-HEAD-
Part C - Registration of Manufacturers, Distributors, and
Dispensers of Controlled Substances
-SECREF-
PART REFERRED TO IN OTHER SECTIONS
This part is referred to in section 811 of this title; title 48
section 1972.
-CITE-
21 USC Sec. 821 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part C - Registration of Manufacturers, Distributors, and
Dispensers of Controlled Substances
-HEAD-
Sec. 821. Rules and regulations
-STATUTE-
The Attorney General is authorized to promulgate rules and
regulations and to charge reasonable fees relating to the
registration and control of the manufacture, distribution, and
dispensing of controlled substances and to the registration and
control of regulated persons and of regulated transactions.
-SOURCE-
(Pub. L. 91-513, title II, Sec. 301, Oct. 27, 1970, 84 Stat. 1253;
Pub. L. 103-200, Sec. 3(a), Dec. 17, 1993, 107 Stat. 2336.)
-MISC1-
AMENDMENTS
1993 - Pub. L. 103-200 inserted before period at end "and to the
registration and control of regulated persons and of regulated
transactions".
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103-200 effective on date that is 120 days
after Dec. 17, 1993, see section 11 of Pub. L. 103-200, set out as
a note under section 802 of this title.
-CITE-
21 USC Sec. 822 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part C - Registration of Manufacturers, Distributors, and
Dispensers of Controlled Substances
-HEAD-
Sec. 822. Persons required to register
-STATUTE-
(a) Period of registration
(1) Every person who manufactures or distributes any controlled
substance or list I chemical, or who proposes to engage in the
manufacture or distribution of any controlled substance or list I
chemical, shall obtain annually a registration issued by the
Attorney General in accordance with the rules and regulations
promulgated by him.
(2) Every person who dispenses, or who proposes to dispense, any
controlled substance, shall obtain from the Attorney General a
registration issued in accordance with the rules and regulations
promulgated by him. The Attorney General shall, by regulation,
determine the period of such registrations. In no event, however,
shall such registrations be issued for less than one year nor for
more than three years.
(b) Authorized activities
Persons registered by the Attorney General under this subchapter
to manufacture, distribute, or dispense controlled substances or
list I chemicals are authorized to possess, manufacture,
distribute, or dispense such substances or chemicals (including any
such activity in the conduct of research) to the extent authorized
by their registration and in conformity with the other provisions
of this subchapter.
(c) Exceptions
The following persons shall not be required to register and may
lawfully possess any controlled substance or list I chemical under
this subchapter:
(1) An agent or employee of any registered manufacturer,
distributor, or dispenser of any controlled substance or list I
chemical if such agent or employee is acting in the usual course
of his business or employment.
(2) A common or contract carrier or warehouseman, or an
employee thereof, whose possession of the controlled substance or
list I chemical is in the usual course of his business or
employment.
(3) An ultimate user who possesses such substance for a purpose
specified in section 802(25) (FOOTNOTE 1) of this title.
(FOOTNOTE 1) See References in Text note below.
(d) Waiver
The Attorney General may, by regulation, waive the requirement
for registration of certain manufacturers, distributors, or
dispensers if he finds it consistent with the public health and
safety.
(e) Separate registration
A separate registration shall be required at each principal place
of business or professional practice where the applicant
manufactures, distributes, or dispenses controlled substances or
list I chemicals.
(f) Inspection
The Attorney General is authorized to inspect the establishment
of a registrant or applicant for registration in accordance with
the rules and regulations promulgated by him.
-SOURCE-
(Pub. L. 91-513, title II, Sec. 302, Oct. 27, 1970, 84 Stat. 1253;
Pub. L. 98-473, title II, Sec. 510, Oct. 12, 1984, 98 Stat. 2072;
Pub. L. 103-200, Sec. 3(b), Dec. 17, 1993, 107 Stat. 2336.)
-REFTEXT-
REFERENCES IN TEXT
This subchapter, referred to in subsecs. (b) and (c), 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.
Section 802(25) of this title, referred to in subsec. (c)(3), was
redesignated section 802(26) of this title by Pub. L. 98-473, title
II, Sec. 507(a), Oct. 12, 1984, 98 Stat. 2071, and was further
redesignated section 802(27) of this title by Pub. L. 99-570, title
I, Sec. 1003(b)(2), Oct. 27, 1986, 100 Stat. 3207-6.
-MISC2-
AMENDMENTS
1993 - Subsec. (a)(1). Pub. L. 103-200, Sec. 3(b)(1), inserted
"or list I chemical" after "controlled substance" in two
places.
Subsec. (b). Pub. L. 103-200, Sec. 3(b)(2), inserted "or list I
chemicals" after "controlled substances" and "or chemicals"
after "such substances".
Subsec. (c). Pub. L. 103-200, Sec. 3(b)(3), inserted "or list I
chemical" after "controlled substance" wherever appearing.
Subsec. (e). Pub. L. 103-200, Sec. 3(b)(4), inserted "or list I
chemicals" after "controlled substances".
1984 - Subsec. (a). Pub. L. 98-473 designated existing provisions
as par. (1), struck out provisions relating to dispensing
controlled substances, and added par. (2).
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103-200 effective on date that is 120 days
after Dec. 17, 1993, see section 11 of Pub. L. 103-200, set out as
a note under section 802 of this title.
PROVISIONAL REGISTRATION
Section 703 of Pub. L. 91-513, as amended by Pub. L. 99-514, Sec.
2, Oct. 22, 1986, 100 Stat. 2095, provided that:
"(a)(1) Any person who -
"(A) is engaged in manufacturing, distributing, or dispensing
any controlled substance on the day before the effective date of
section 302 (this section), and
"(B) is registered on such day under section 510 of the
Federal Food, Drug, and Cosmetic Act (section 360 of this title)
or under section 4722 of the Internal Revenue Code of 1986
(formerly I.R.C. 1954, section 4722 of Title 26),
shall, with respect to each establishment for which such
registration is in effect under any such section, be deemed to have
a provisional registration under section 303 (section 823 of this
title) for the manufacture, distribution, or dispensing (as the
case may be) of controlled substances.
"(2) During the period his provisional registration is in effect
under this section, the registration number assigned such person
under such section 510 (section 360 of this title) or under such
section 4722 (section 4722 of Title 26) (as the case may be) shall
be his registration number for purposes of section 303 of this
title (section 823 of this title).
"(b) The provisions of section 304 (section 824 of this title),
relating to suspension and revocation of registration, shall apply
to a provisional registration under this section.
"(c) Unless sooner suspended or revoked under subsection (b), a
provisional registration of a person under subsection (a)(1) of
this section shall be in effect until -
"(1) the date on which such person has registered with the
Attorney General under section 303 (section 823 of this title) or
has had his registration denied under such section, or
"(2) such date as may be prescribed by the Attorney General
for registration of manufacturers, distributors, or dispensers,
as the case may be,
whichever occurs first."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 827, 828, 880, 958, 965
of this title; title 18 section 2118.
-CITE-
21 USC Sec. 823 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part C - Registration of Manufacturers, Distributors, and
Dispensers of Controlled Substances
-HEAD-
Sec. 823. Registration requirements
-STATUTE-
(a) Manufacturers of controlled substances in schedule I or II
The Attorney General shall register an applicant to manufacture
controlled substances in schedule I or II if he determines that
such registration is consistent with the public interest and with
United States obligations under international treaties,
conventions, or protocols in effect on May 1, 1971. In determining
the public interest, the following factors shall be considered:
(1) maintenance of effective controls against diversion of
particular controlled substances and any controlled substance in
schedule I or II compounded therefrom into other than legitimate
medical, scientific, research, or industrial channels, by
limiting the importation and bulk manufacture of such controlled
substances to a number of establishments which can produce an
adequate and uninterrupted supply of these substances under
adequately competitive conditions for legitimate medical,
scientific, research, and industrial purposes;
(2) compliance with applicable State and local law;
(3) promotion of technical advances in the art of manufacturing
these substances and the development of new substances;
(4) prior conviction record of applicant under Federal and
State laws relating to the manufacture, distribution, or
dispensing of such substances;
(5) past experience in the manufacture of controlled
substances, and the existence in the establishment of effective
control against diversion; and
(6) such other factors as may be relevant to and consistent
with the public health and safety.
(b) Distributors of controlled substances in schedule I or II
The Attorney General shall register an applicant to distribute a
controlled substance in schedule I or II unless he determines that
the issuance of such registration is inconsistent with the public
interest. In determining the public interest, the following
factors shall be considered:
(1) maintenance of effective control against diversion of
particular controlled substances into other than legitimate
medical, scientific, and industrial channels;
(2) compliance with applicable State and local law;
(3) prior conviction record of applicant under Federal or State
laws relating to the manufacture, distribution, or dispensing of
such substances;
(4) past experience in the distribution of controlled
substances; and
(5) such other factors as may be relevant to and consistent
with the public health and safety.
(c) Limits of authorized activities
Registration granted under subsections (a) and (b) of this
section shall not entitle a registrant to (1) manufacture or
distribute controlled substances in schedule I or II other than
those specified in the registration, or (2) manufacture any
quantity of those controlled substances in excess of the quota
assigned pursuant to section 826 of this title.
(d) Manufacturers of controlled substances in schedule III, IV, or
V
The Attorney General shall register an applicant to manufacture
controlled substances in schedule III, IV, or V, unless he
determines that the issuance of such registration is inconsistent
with the public interest. In determining the public interest, the
following factors shall be considered:
(1) maintenance of effective controls against diversion of
particular controlled substances and any controlled substance in
schedule III, IV, or V compounded therefrom into other than
legitimate medical, scientific, or industrial channels;
(2) compliance with applicable State and local law;
(3) promotion of technical advances in the art of manufacturing
these substances and the development of new substances;
(4) prior conviction record of applicant under Federal or State
laws relating to the manufacture, distribution, or dispensing of
such substances;
(5) past experience in the manufacture, distribution, and
dispensing of controlled substances, and the existence in the
establishment of effective controls against diversion; and
(6) such other factors as may be relevant to and consistent
with the public health and safety.
(e) Distributors of controlled substances in schedule III, IV, or V
The Attorney General shall register an applicant to distribute
controlled substances in schedule III, IV, or V, unless he
determines that the issuance of such registration is inconsistent
with the public interest. In determining the public interest, the
following factors shall be considered:
(1) maintenance of effective controls against diversion of
particular controlled substances into other than legitimate
medical, scientific, and industrial channels;
(2) compliance with applicable State and local law;
(3) prior conviction record of applicant under Federal or State
laws relating to the manufacture, distribution, or dispensing of
such substances;
(4) past experience in the distribution of controlled
substances; and
(5) such other factors as may be relevant to and consistent
with the public health and safety.
(f) Research by practitioners; pharmacies; research applications;
construction of Article 7 of the Convention on Psychotropic
Substances
The Attorney General shall register practitioners (including
pharmacies, as distinguished from pharmacists) to dispense, or
conduct research with, controlled substances in schedule II, III,
IV, or V, if the applicant is authorized to dispense, or conduct
research with respect to, controlled substances under the laws of
the State in which he practices. The Attorney General may deny an
application for such registration if he determines that the
issuance of such registration would be inconsistent with the public
interest. In determining the public interest, the following
factors shall be considered:
(1) The recommendation of the appropriate State licensing board
or professional disciplinary authority.
(2) The applicant's experience in dispensing, or conducting
research with respect to controlled substances.
(3) The applicant's conviction record under Federal or State
laws relating to the manufacture, distribution, or dispensing of
controlled substances.
(4) Compliance with applicable State, Federal, or local laws
relating to controlled substances.
(5) Such other conduct which may threaten the public health and
safety.
Separate registration under this part for practitioners engaging in
research with controlled substances in schedule II, III, IV, or V,
who are already registered under this part in another capacity,
shall not be required. Registration applications by practitioners
wishing to conduct research with controlled substances in schedule
I shall be referred to the Secretary, who shall determine the
qualifications and competency of each practitioner requesting
registration, as well as the merits of the research protocol. The
Secretary, in determining the merits of each research protocol,
shall consult with the Attorney General as to effective procedures
to adequately safeguard against diversion of such controlled
substances from legitimate medical or scientific use. Registration
for the purpose of bona fide research with controlled substances in
schedule I by a practitioner deemed qualified by the Secretary may
be denied by the Attorney General only on a ground specified in
section 824(a) of this title. Article 7 of the Convention on
Psychotropic Substances shall not be construed to prohibit, or
impose additional restrictions upon, research involving drugs or
other substances scheduled under the convention which is conducted
in conformity with this subsection and other applicable provisions
of this subchapter.
(g) Practitioners dispensing narcotic drugs for narcotic treatment;
annual registration; separate registration; qualifications;
waiver
(1) Except as provided in paragraph (2), practitioners who
dispense narcotic drugs to individuals for maintenance treatment or
detoxification treatment shall obtain annually a separate
registration for that purpose. The Attorney General shall register
an applicant to dispense narcotic drugs to individuals for
maintenance treatment or detoxification treatment (or both)
(A) if the applicant is a practitioner who is determined by the
Secretary to be qualified (under standards established by the
Secretary) to engage in the treatment with respect to which
registration is sought;
(B) if the Attorney General determines that the applicant will
comply with standards established by the Attorney General
respecting (i) security of stocks of narcotic drugs for such
treatment, and (ii) the maintenance of records (in accordance
with section 827 of this title) on such drugs; and
(C) if the Secretary determines that the applicant will comply
with standards established by the Secretary (after consultation
with the Attorney General) respecting the quantities of narcotic
drugs which may be provided for unsupervised use by individuals
in such treatment.
(2)(A) Subject to subparagraphs (D) and (J), the requirements of
paragraph (1) are waived in the case of the dispensing (including
the prescribing), by a practitioner, of narcotic drugs in schedule
III, IV, or V or combinations of such drugs if the practitioner
meets the conditions specified in subparagraph (B) and the narcotic
drugs or combinations of such drugs meet the conditions specified
in subparagraph (C).
(B) For purposes of subparagraph (A), the conditions specified in
this subparagraph with respect to a practitioner are that, before
the initial dispensing of narcotic drugs in schedule III, IV, or V
or combinations of such drugs to patients for maintenance or
detoxification treatment, the practitioner submit to the Secretary
a notification of the intent of the practitioner to begin
dispensing the drugs or combinations for such purpose, and that the
notification contain the following certifications by the
practitioner:
(i) The practitioner is a qualifying physician (as defined in
subparagraph (G)).
(ii) With respect to patients to whom the practitioner will
provide such drugs or combinations of drugs, the practitioner has
the capacity to refer the patients for appropriate counseling and
other appropriate ancillary services.
(iii) In any case in which the practitioner is not in a group
practice, the total number of such patients of the practitioner
at any one time will not exceed the applicable number. For
purposes of this clause, the applicable number is 30, except that
the Secretary may by regulation change such total number.
(iv) In any case in which the practitioner is in a group
practice, the total number of such patients of the group practice
at any one time will not exceed the applicable number. For
purposes of this clause, the applicable number is 30, except that
the Secretary may by regulation change such total number, and the
Secretary for such purposes may by regulation establish different
categories on the basis of the number of practitioners in a group
practice and establish for the various categories different
numerical limitations on the number of such patients that the
group practice may have.
(C) For purposes of subparagraph (A), the conditions specified in
this subparagraph with respect to narcotic drugs in schedule III,
IV, or V or combinations of such drugs are as follows:
(i) The drugs or combinations of drugs have, under the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or section
262 of title 42, been approved for use in maintenance or
detoxification treatment.
(ii) The drugs or combinations of drugs have not been the
subject of an adverse determination. For purposes of this
clause, an adverse determination is a determination published in
the Federal Register and made by the Secretary, after
consultation with the Attorney General, that the use of the drugs
or combinations of drugs for maintenance or detoxification
treatment requires additional standards respecting the
qualifications of practitioners to provide such treatment, or
requires standards respecting the quantities of the drugs that
may be provided for unsupervised use.
(D)(i) A waiver under subparagraph (A) with respect to a
practitioner is not in effect unless (in addition to conditions
under subparagraphs (B) and (C)) the following conditions are met:
(I) The notification under subparagraph (B) is in writing and
states the name of the practitioner.
(II) The notification identifies the registration issued for
the practitioner pursuant to subsection (f) of this section.
(III) If the practitioner is a member of a group practice, the
notification states the names of the other practitioners in the
practice and identifies the registrations issued for the other
practitioners pursuant to subsection (f) of this section.
(ii) Upon receiving a notification under subparagraph (B), the
Attorney General shall assign the practitioner involved an
identification number under this paragraph for inclusion with the
registration issued for the practitioner pursuant to subsection (f)
of this section. The identification number so assigned shall be
appropriate to preserve the confidentiality of patients for whom
the practitioner has dispensed narcotic drugs under a waiver under
subparagraph (A).
(iii) Not later than 45 days after the date on which the
Secretary receives a notification under subparagraph (B), the
Secretary shall make a determination of whether the practitioner
involved meets all requirements for a waiver under subparagraph
(B). If the Secretary fails to make such determination by the end
of the such 45-day period, the Attorney General shall assign the
physician an identification number described in clause (ii) at the
end of such period.
(E)(i) If a practitioner is not registered under paragraph (1)
and, in violation of the conditions specified in subparagraphs (B)
through (D), dispenses narcotic drugs in schedule III, IV, or V or
combinations of such drugs for maintenance treatment or
detoxification treatment, the Attorney General may, for purposes of
section 824(a)(4) of this title, consider the practitioner to have
committed an act that renders the registration of the practitioner
pursuant to subsection (f) of this section to be inconsistent with
the public interest.
(ii)(I) Upon the expiration of 45 days from the date on which the
Secretary receives a notification under subparagraph (B), a
practitioner who in good faith submits a notification under
subparagraph (B) and reasonably believes that the conditions
specified in subparagraphs (B) through (D) have been met shall, in
dispensing narcotic drugs in schedule III, IV, or V or combinations
of such drugs for maintenance treatment or detoxification
treatment, be considered to have a waiver under subparagraph (A)
until notified otherwise by the Secretary, except that such a
practitioner may commence to prescribe or dispense such narcotic
drugs for such purposes prior to the expiration of such 45-day
period if it facilitates the treatment of an individual patient and
both the Secretary and the Attorney General are notified by the
practitioner of the intent to commence prescribing or dispensing
such narcotic drugs.
(II) For purposes of subclause (I), the publication in the
Federal Register of an adverse determination by the Secretary
pursuant to subparagraph (C)(ii) shall (with respect to the
narcotic drug or combination involved) be considered to be a
notification provided by the Secretary to practitioners, effective
upon the expiration of the 30-day period beginning on the date on
which the adverse determination is so published.
(F)(i) With respect to the dispensing of narcotic drugs in
schedule III, IV, or V or combinations of such drugs to patients
for maintenance or detoxification treatment, a practitioner may, in
his or her discretion, dispense such drugs or combinations for such
treatment under a registration under paragraph (1) or a waiver
under subparagraph (A) (subject to meeting the applicable
conditions).
(ii) This paragraph may not be construed as having any legal
effect on the conditions for obtaining a registration under
paragraph (1), including with respect to the number of patients who
may be served under such a registration.
(G) For purposes of this paragraph:
(i) The term "group practice" has the meaning given such term
in section 1395nn(h)(4) of title 42.
(ii) The term "qualifying physician" means a physician who is
licensed under State law and who meets one or more of the
following conditions:
(I) The physician holds a subspecialty board certification in
addiction psychiatry from the American Board of Medical
Specialties.
(II) The physician holds an addiction certification from the
American Society of Addiction Medicine.
(III) The physician holds a subspecialty board certification
in addiction medicine from the American Osteopathic
Association.
(IV) The physician has, with respect to the treatment and
management of opiate-dependent patients, completed not less
than eight hours of training (through classroom situations,
seminars at professional society meetings, electronic
communications, or otherwise) that is provided by the American
Society of Addiction Medicine, the American Academy of
Addiction Psychiatry, the American Medical Association, the
American Osteopathic Association, the American Psychiatric
Association, or any other organization that the Secretary
determines is appropriate for purposes of this subclause.
(V) The physician has participated as an investigator in one
or more clinical trials leading to the approval of a narcotic
drug in schedule III, IV, or V for maintenance or
detoxification treatment, as demonstrated by a statement
submitted to the Secretary by the sponsor of such approved
drug.
(VI) The physician has such other training or experience as
the State medical licensing board (of the State in which the
physician will provide maintenance or detoxification treatment)
considers to demonstrate the ability of the physician to treat
and manage opiate-dependent patients.
(VII) The physician has such other training or experience as
the Secretary considers to demonstrate the ability of the
physician to treat and manage opiate-dependent patients. Any
criteria of the Secretary under this subclause shall be
established by regulation. Any such criteria are effective
only for 3 years after the date on which the criteria are
promulgated, but may be extended for such additional discrete
3-year periods as the Secretary considers appropriate for
purposes of this subclause. Such an extension of criteria may
only be effectuated through a statement published in the
Federal Register by the Secretary during the 30-day period
preceding the end of the 3-year period involved.
(H)(i) In consultation with the Administrator of the Drug
Enforcement Administration, the Administrator of the Substance
Abuse and Mental Health Services Administration, the Director of
the National Institute on Drug Abuse, and the Commissioner of Food
and Drugs, the Secretary shall issue regulations (through notice
and comment rulemaking) or issue practice guidelines to address the
following:
(I) Approval of additional credentialing bodies and the
responsibilities of additional credentialing bodies.
(II) Additional exemptions from the requirements of this
paragraph and any regulations under this paragraph.
Nothing in such regulations or practice guidelines may authorize
any Federal official or employee to exercise supervision or control
over the practice of medicine or the manner in which medical
services are provided.
(ii) Not later than 120 days after October 17, 2000, the
Secretary shall issue a treatment improvement protocol containing
best practice guidelines for the treatment and maintenance of
opiate-dependent patients. The Secretary shall develop the
protocol in consultation with the Director of the National
Institute on Drug Abuse, the Administrator of the Drug Enforcement
Administration, the Commissioner of Food and Drugs, the
Administrator of the Substance Abuse and Mental Health Services
Administration and other substance abuse disorder professionals.
The protocol shall be guided by science.
(I) During the 3-year period beginning on October 17, 2000, a
State may not preclude a practitioner from dispensing or
prescribing drugs in schedule III, IV, or V, or combinations of
such drugs, to patients for maintenance or detoxification treatment
in accordance with this paragraph unless, before the expiration of
that 3-year period, the State enacts a law prohibiting a
practitioner from dispensing such drugs or combinations of drug.
(FOOTNOTE 1)
(FOOTNOTE 1) So in original. Probably should be "plural".
(J)(i) This paragraph takes effect on October 17, 2000, and
remains in effect thereafter except as provided in clause (iii)
(relating to a decision by the Secretary or the Attorney General
that this paragraph should not remain in effect).
(ii) For purposes relating to clause (iii), the Secretary and the
Attorney General may, during the 3-year period beginning on October
17, 2000, make determinations in accordance with the following:
(I) The Secretary may make a determination of whether
treatments provided under waivers under subparagraph (A) have
been effective forms of maintenance treatment and detoxification
treatment in clinical settings; may make a determination of
whether such waivers have significantly increased (relative to
the beginning of such period) the availability of maintenance
treatment and detoxification treatment; and may make a
determination of whether such waivers have adverse consequences
for the public health.
(II) The Attorney General may make a determination of the
extent to which there have been violations of the numerical
limitations established under subparagraph (B) for the number of
individuals to whom a practitioner may provide treatment; may
make a determination of whether waivers under subparagraph (A)
have increased (relative to the beginning of such period) the
extent to which narcotic drugs in schedule III, IV, or V or
combinations of such drugs are being dispensed or possessed in
violation of this chapter; and may make a determination of
whether such waivers have adverse consequences for the public
health.
(iii) If, before the expiration of the period specified in clause
(ii), the Secretary or the Attorney General publishes in the
Federal Register a decision, made on the basis of determinations
under such clause, that this paragraph should not remain in effect,
this paragraph ceases to be in effect 60 days after the date on
which the decision is so published. The Secretary shall in making
any such decision consult with the Attorney General, and shall in
publishing the decision in the Federal Register include any
comments received from the Attorney General for inclusion in the
publication. The Attorney General shall in making any such
decision consult with the Secretary, and shall in publishing the
decision in the Federal Register include any comments received from
the Secretary for inclusion in the publication.
(h) Applicants for distribution of list I chemicals
The Attorney General shall register an applicant to distribute a
list I chemical unless the Attorney General determines that
registration of the applicant is inconsistent with the public
interest. Registration under this subsection shall not be required
for the distribution of a drug product that is exempted under
section 802(39)(A)(iv) of this title. In determining the public
interest for the purposes of this subsection, the Attorney General
shall consider -
(1) maintenance by the applicant of effective controls against
diversion of listed chemicals into other than legitimate
channels;
(2) compliance by the applicant with applicable Federal, State,
and local law;
(3) any prior conviction record of the applicant under Federal
or State laws relating to controlled substances or to chemicals
controlled under Federal or State law;
(4) any past experience of the applicant in the manufacture and
distribution of chemicals; and
(5) such other factors as are relevant to and consistent with
the public health and safety.
-SOURCE-
(Pub. L. 91-513, title II, Sec. 303, Oct. 27, 1970, 84 Stat. 1253;
Pub. L. 93-281, Sec. 3, May 14, 1974, 88 Stat. 124; Pub. L. 95-633,
title I, Sec. 109, Nov. 10, 1978, 92 Stat. 3773; Pub. L. 98-473,
title II, Sec. 511, Oct. 12, 1984, 98 Stat. 2073; Pub. L. 103-200,
Sec. 3(c), Dec. 17, 1993, 107 Stat. 2336; Pub. L. 106-310, div. B,
title XXXV, Sec. 3502(a), Oct. 17, 2000, 114 Stat. 1222.)
-REFTEXT-
REFERENCES IN TEXT
Schedules I, II, III, IV, and V, referred to in subsecs. (a) to
(f) and (g)(2), are set out in section 812(c) of this title.
The Federal Food, Drug, and Cosmetic Act, referred to in subsec.
(g)(2)(C)(i), 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.
This chapter, referred to in subsec.(g)(2)(J)(ii)(II), was in the
original "this Act", meaning Pub. L. 91-513, Oct. 27, 1970, 84
Stat. 1236, as amended. For complete classification of this Act to
the Code, see Short Title note set out under section 801 of this
title and Tables.
-MISC2-
AMENDMENTS
2000 - Subsec. (g). Pub. L. 106-310 designated existing
provisions as par. (1), substituted "Except as provided in
paragraph (2), practitioners who dispense" for "Practitioners who
dispense", redesignated former pars. (1) to (3) as subpars. (A) to
(C), respectively, of par. (1) and redesignated former subpars. (A)
and (B) of former par. (2) as cls. (i) and (ii), respectively, of
subpar. (B) of par. (1), and added par. (2).
1993 - Subsec. (h). Pub. L. 103-200 added subsec. (h).
1984 - Subsec. (f). Pub. L. 98-473 amended subsec. (f) generally,
substituting provisions relating to registration authority of
Attorney General respecting dispensation or conduct of research
with controlled research, and separate authority of Secretary
respecting registration, for provisions relating to general
registration requirements respecting dispensation or conduct of
research with controlled or nonnarcotic controlled substances.
1978 - Subsec. (f). Pub. L. 95-633 inserted provision relating to
the construction of the Convention on Psychotropic Substances.
1974 - Subsec. (g). Pub. L. 93-281 added subsec. (g).
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103-200 effective on date that is 120 days
after Dec. 17, 1993, see section 11 of Pub. L. 103-200, set out as
a note under section 802 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-633 effective on date the Convention on
Psychotropic Substances enters into force in the United States
(July 15, 1980), see section 112 of Pub. L. 95-633, set out as an
Effective Date note under section 801a of this title.
PROVISIONAL REGISTRATION
For provisional registration of persons engaged in manufacturing,
distributing, or dispensing of controlled substances on the day
before the effective date of section 822 of this title who are
registered on such date under section 360 of this title or section
4722 of Title 26, Internal Revenue Code, see section 703 of Pub. L.
91-513, set out as a note under section 822 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 824, 827, 828, 844, 880,
952, 958, 965 of this title.
-CITE-
21 USC Sec. 824 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part C - Registration of Manufacturers, Distributors, and
Dispensers of Controlled Substances
-HEAD-
Sec. 824. Denial, revocation, or suspension of registration
-STATUTE-
(a) Grounds
A registration pursuant to section 823 of this title to
manufacture, distribute, or dispense a controlled substance or a
list I chemical may be suspended or revoked by the Attorney General
upon a finding that the registrant -
(1) has materially falsified any application filed pursuant to
or required by this subchapter or subchapter II of this chapter;
(2) has been convicted of a felony under this subchapter or
subchapter II of this chapter or any other law of the United
States, or of any State, relating to any substance defined in
this subchapter as a controlled substance or a list I chemical;
(3) has had his State license or registration suspended,
revoked, or denied by competent State authority and is no longer
authorized by State law to engage in the manufacturing,
distribution, or dispensing of controlled substances or list I
chemicals or has had the suspension, revocation, or denial of his
registration recommended by competent State authority;
(4) has committed such acts as would render his registration
under section 823 of this title inconsistent with the public
interest as determined under such section; or
(5) has been excluded (or directed to be excluded) from
participation in a program pursuant to section 1320a-7(a) of
title 42.
A registration pursuant to section 823(g)(1) of this title to
dispense a narcotic drug for maintenance treatment or
detoxification treatment may be suspended or revoked by the
Attorney General upon a finding that the registrant has failed to
comply with any standard referred to in section 823(g)(1) of this
title.
(b) Limits of revocation or suspension
The Attorney General may limit revocation or suspension of a
registration to the particular controlled substance or list I
chemical with respect to which grounds for revocation or suspension
exist.
(c) Service of show cause order; proceedings
Before taking action pursuant to this section, or pursuant to a
denial of registration under section 823 of this title, the
Attorney General shall serve upon the applicant or registrant an
order to show cause why registration should not be denied, revoked,
or suspended. The order to show cause shall contain a statement of
the basis thereof and shall call upon the applicant or registrant
to appear before the Attorney General at a time and place stated in
the order, but in no event less than thirty days after the date of
receipt of the order. Proceedings to deny, revoke, or suspend
shall be conducted pursuant to this section in accordance with
subchapter II of chapter 5 of title 5. Such proceedings shall be
independent of, and not in lieu of, criminal prosecutions or other
proceedings under this subchapter or any other law of the United
States.
(d) Suspension of registration in cases of imminent danger
The Attorney General may, in his discretion, suspend any
registration simultaneously with the institution of proceedings
under this section, in cases where he finds that there is an
imminent danger to the public health or safety. A failure to
comply with a standard referred to in section 823(g)(1) of this
title may be treated under this subsection as grounds for immediate
suspension of a registration granted under such section. A
suspension under this subsection shall continue in effect until the
conclusion of such proceedings, including judicial review thereof,
unless sooner withdrawn by the Attorney General or dissolved by a
court of competent jurisdiction.
(e) Suspension and revocation of quotas
The suspension or revocation of a registration under this section
shall operate to suspend or revoke any quota applicable under
section 826 of this title.
(f) Disposition of controlled substances or list I chemicals
In the event the Attorney General suspends or revokes a
registration granted under section 823 of this title, all
controlled substances or list I chemicals owned or possessed by the
registrant pursuant to such registration at the time of suspension
or the effective date of the revocation order, as the case may be,
may, in the discretion of the Attorney General, be placed under
seal. No disposition may be made of any controlled substances or
list I chemicals under seal until the time for taking an appeal has
elapsed or until all appeals have been concluded except that a
court, upon application therefor, may at any time order the sale of
perishable controlled substances or list I chemicals. Any such
order shall require the deposit of the proceeds of the sale with
the court. Upon a revocation order becoming final, all such
controlled substances or list I chemicals (or proceeds of sale
deposited in court) shall be forfeited to the United States; and
the Attorney General shall dispose of such controlled substances or
list I chemicals in accordance with section 881(e) of this title.
All right, title, and interest in such controlled substances or
list I chemicals shall vest in the United States upon a revocation
order becoming final.
(g) Seizure or placement under seal of controlled substances or
list I chemicals
The Attorney General may, in his discretion, seize or place under
seal any controlled substances or list I chemicals owned or
possessed by a registrant whose registration has expired or who has
ceased to practice or do business in the manner contemplated by his
registration. Such controlled substances or list I chemicals shall
be held for the benefit of the registrant, or his successor in
interest. The Attorney General shall notify a registrant, or his
successor in interest, who has any controlled substance or list I
chemical seized or placed under seal of the procedures to be
followed to secure the return of the controlled substance or list I
chemical and the conditions under which it will be returned. The
Attorney General may not dispose of any controlled substance or
list I chemical seized or placed under seal under this subsection
until the expiration of one hundred and eighty days from the date
such substance or chemical was seized or placed under seal.
-SOURCE-
(Pub. L. 91-513, title II, Sec. 304, Oct. 27, 1970, 84 Stat. 1255;
Pub. L. 93-281, Sec. 4, May 14, 1974, 88 Stat. 125; Pub. L. 98-473,
title II, Sec. 304, 512, 513, Oct. 12, 1984, 98 Stat. 2050, 2073;
Pub. L. 100-93, Sec. 8(j), Aug. 18, 1987, 101 Stat. 695; Pub. L.
103-200, Sec. 3(d), Dec. 17, 1993, 107 Stat. 2337; Pub. L. 103-322,
title XXXIII, Sec. 330024(e), Sept. 13, 1994, 108 Stat. 2151; Pub.
L. 106-310, div. B, title XXXV, Sec. 3502(b), Oct. 17, 2000, 114
Stat. 1227.)
-REFTEXT-
REFERENCES IN TEXT
This subchapter, referred to in subsec. (a)(1), (2), 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.
Subchapter II of this chapter, referred to in subsec. (a)(1),
(2), 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.
-MISC2-
AMENDMENTS
2000 - Subsec. (a). Pub. L. 106-310, Sec. 3502(b)(1), substituted
"section 823(g)(1) of this title" for "section 823(g) of this
title" in two places in concluding provisions.
Subsec. (d). Pub. L. 106-310, Sec. 3502(b)(2), substituted
"section 823(g)(1) of this title" for "section 823(g) of this
title".
1994 - Subsec. (g). Pub. L. 103-322 inserted "or chemical"
after "such substance" in last sentence.
1993 - Subsec. (a). Pub. L. 103-200, Sec. 3(d)(1), inserted "or
a list I chemical" after "controlled substance" in introductory
provisions and par. (2) and inserted "or list I chemicals" after
"controlled substances" in par. (3).
Subsec. (b). Pub. L. 103-200, Sec. 3(d)(2), inserted "or list I
chemical" after "controlled substance".
Subsec. (f). Pub. L. 103-200, Sec. 3(d)(3), inserted "or list I
chemicals" after "controlled substances" wherever appearing.
Subsec. (g). Pub. L. 103-200, Sec. 3(d)(4), inserted "or list I
chemicals" after "controlled substances" in two places and "or
list I chemical" after "controlled substance" wherever
appearing.
1987 - Subsec. (a)(5). Pub. L. 100-93 added par. (5).
1984 - Subsec. (a)(3). Pub. L. 98-473, Sec. 512(1), inserted
provisions relating to suspension, etc., recommended by competent
State authority.
Subsec. (a)(4). Pub. L. 98-473, Sec. 512(2), added par. (4).
Subsec. (f). Pub. L. 98-473, Sec. 304, inserted provisions
relating to vesting of right, title, and interest in the United
States.
Subsec. (g). Pub. L. 98-473, Sec. 513, added subsec. (g).
1974 - Subsec. (a). Pub. L. 93-281, Sec. 4(a), provided for
revocation or suspension of a registration pursuant to section
823(g) of this title for failure of a registrant to comply with
standards referred to in such section 823(g).
Subsec. (d). Pub. L. 93-281, Sec. 4(b), substituted "A
suspension under this subsection" for "Such suspension" in third
sentence.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103-322 effective 120 days after Dec. 17,
1993, see section 330024(f) of Pub. L. 103-322, set out as a note
under section 802 of this title.
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103-200 effective on date that is 120 days
after Dec. 17, 1993, see section 11 of Pub. L. 103-200, set out as
a note under section 802 of this title.
EFFECTIVE DATE OF 1987 AMENDMENT
Amendment by Pub. L. 100-93 effective at end of fourteen-day
period beginning Aug. 18, 1987, and inapplicable to administrative
proceedings commenced before end of such period, see section 15(a)
of Pub. L. 100-93, set out as a note under section 1320a-7 of Title
42, The Public Health and Welfare.
PROVISIONAL REGISTRATION
Applicability of this section to provisional registrations, see
section 703 of Pub. L. 91-513, set out as a note under section 822
of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 823, 842 of this title;
title 42 sections 1320a-7, 11152.
-CITE-
21 USC Sec. 825 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part C - Registration of Manufacturers, Distributors, and
Dispensers of Controlled Substances
-HEAD-
Sec. 825. Labeling and packaging
-STATUTE-
(a) Symbol
It shall be unlawful to distribute a controlled substance in a
commercial container unless such container, when and as required by
regulations of the Attorney General, bears a label (as defined in
section 321(k) of this title) containing an identifying symbol for
such substance in accordance with such regulations. A different
symbol shall be required for each schedule of controlled
substances.
(b) Unlawful distribution without identifying symbol
It shall be unlawful for the manufacturer of any controlled
substance to distribute such substance unless the labeling (as
defined in section 321(m) of this title) of such substance
contains, when and as required by regulations of the Attorney
General, the identifying symbol required under subsection (a) of
this section.
(c) Warning on label
The Secretary shall prescribe regulations under section 353(b) of
this title which shall provide that the label of a drug listed in
schedule II, III, or IV shall, when dispensed to or for a patient,
contain a clear, concise warning that it is a crime to transfer the
drug to any person other than the patient.
(d) Containers to be securely sealed
It shall be unlawful to distribute controlled substances in
schedule I or II, and narcotic drugs in schedule III or IV, unless
the bottle or other container, stopper, covering, or wrapper
thereof is securely sealed as required by regulations of the
Attorney General.
-SOURCE-
(Pub. L. 91-513, title II, Sec. 305, Oct. 27, 1970, 84 Stat. 1256.)
-REFTEXT-
REFERENCES IN TEXT
Schedules I, II, III, and IV, referred to in subsecs. (c) and
(d), are set out in section 812(c) of this title.
-MISC2-
EFFECTIVE DATE
Section effective on first day of seventh calendar month that
begins after Oct. 26, 1970, but with Attorney General authorized to
postpone such effective date for such period as he might determine
to be necessary for the efficient administration of this
subchapter, see section 704(c) of Pub. L. 91-513, set out as a note
under section 801 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 842, 958 of this title.
-CITE-
21 USC Sec. 826 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part C - Registration of Manufacturers, Distributors, and
Dispensers of Controlled Substances
-HEAD-
Sec. 826. Production quotas for controlled substances
-STATUTE-
(a) Establishment of total annual needs
The Attorney General shall determine the total quantity and
establish production quotas for each basic class of controlled
substance in schedules I and II to be manufactured each calendar
year to provide for the estimated medical, scientific, research,
and industrial needs of the United States, for lawful export
requirements, and for the establishment and maintenance of reserve
stocks. Production quotas shall be established in terms of
quantities of each basic class of controlled substance and not in
terms of individual pharmaceutical dosage forms prepared from or
containing such a controlled substance.
(b) Individual production quotas; revised quotas
The Attorney General shall limit or reduce individual production
quotas to the extent necessary to prevent the aggregate of
individual quotas from exceeding the amount determined necessary
each year by the Attorney General under subsection (a) of this
section. The quota of each registered manufacturer for each basic
class of controlled substance in schedule I or II shall be revised
in the same proportion as the limitation or reduction of the
aggregate of the quotas. However, if any registrant, before the
issuance of a limitation or reduction in quota, has manufactured in
excess of his revised quota, the amount of the excess shall be
subtracted from his quota for the following year.
(c) Manufacturing quotas for registered manufacturers
On or before October 1 of each year, upon application therefor by
a registered manufacturer, the Attorney General shall fix a
manufacturing quota for the basic classes of controlled substances
in schedules I and II that the manufacturer seeks to produce. The
quota shall be subject to the provisions of subsections (a) and (b)
of this section. In fixing such quotas, the Attorney General shall
determine the manufacturer's estimated disposal, inventory, and
other requirements for the calendar year; and, in making his
determination, the Attorney General shall consider the
manufacturer's current rate of disposal, the trend of the national
disposal rate during the preceding calendar year, the
manufacturer's production cycle and inventory position, the
economic availability of raw materials, yield and stability
problems, emergencies such as strikes and fires, and other factors.
(d) Quotas for registrants who have not manufactured controlled
substance during one or more preceding years
The Attorney General shall, upon application and subject to the
provisions of subsections (a) and (b) of this section, fix a quota
for a basic class of controlled substance in schedule I or II for
any registrant who has not manufactured that basic class of
controlled substance during one or more preceding calendar years.
In fixing such quota, the Attorney General shall take into account
the registrant's reasonably anticipated requirements for the
current year; and, in making his determination of such
requirements, he shall consider such factors specified in
subsection (c) of this section as may be relevant.
(e) Quota increases
At any time during the year any registrant who has applied for or
received a manufacturing quota for a basic class of controlled
substance in schedule I or II may apply for an increase in that
quota to meet his estimated disposal, inventory, and other
requirements during the remainder of that year. In passing upon
the application the Attorney General shall take into consideration
any occurrences since the filing of the registrant's initial quota
application that may require an increased manufacturing rate by the
registrant during the balance of the year. In passing upon the
application the Attorney General may also take into account the
amount, if any, by which the determination of the Attorney General
under subsection (a) of this section exceeds the aggregate of the
quotas of all registrants under this section.
(f) Incidental production exception
Notwithstanding any other provisions of this subchapter, no
registration or quota may be required for the manufacture of such
quantities of controlled substances in schedules I and II as
incidentally and necessarily result from the manufacturing process
used for the manufacture of a controlled substance with respect to
which its manufacturer is duly registered under this subchapter.
The Attorney General may, by regulation, prescribe restrictions on
the retention and disposal of such incidentally produced
substances.
-SOURCE-
(Pub. L. 91-513, title II, Sec. 306, Oct. 27, 1970, 84 Stat. 1257;
Pub. L. 94-273, Sec. 3(16), Apr. 21, 1976, 90 Stat. 377.)
-REFTEXT-
REFERENCES IN TEXT
Schedules I and II, referred to in text, are set out in section
812(c) of this title.
-MISC2-
AMENDMENTS
1976 - Subsec. (c). Pub. L. 94-273 substituted "October" for
"July".
EFFECTIVE DATE
Section effective on first day of seventh calendar month that
begins after Oct. 26, 1970, but with Attorney General authorized to
postpone such effective date for such period as he might determine
to be necessary for the efficient administration of this
subchapter, see section 704(c) of Pub. L. 91-513, set out as a note
under section 801 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 823, 824, 842 of this
title.
-CITE-
21 USC Sec. 827 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part C - Registration of Manufacturers, Distributors, and
Dispensers of Controlled Substances
-HEAD-
Sec. 827. Records and reports of registrants
-STATUTE-
(a) Inventory
Except as provided in subsection (c) of this section -
(1) every registrant under this subchapter shall, on May 1,
1971, or as soon thereafter as such registrant first engages in
the manufacture, distribution, or dispensing of controlled
substances, and every second year thereafter, make a complete and
accurate record of all stocks thereof on hand, except that the
regulations prescribed under this section shall permit each such
biennial inventory (following the initial inventory required by
this paragraph) to be prepared on such registrant's regular
general physical inventory date (if any) which is nearest to and
does not vary by more than six months from the biennial date that
would otherwise apply;
(2) on the effective date of each regulation of the Attorney
General controlling a substance that immediately prior to such
date was not a controlled substance, each registrant under this
subchapter manufacturing, distributing, or dispensing such
substance shall make a complete and accurate record of all stocks
thereof on hand; and
(3) on and after May 1, 1971, every registrant under this
subchapter manufacturing, distributing, or dispensing a
controlled substance or substances shall maintain, on a current
basis, a complete and accurate record of each such substance
manufactured, received, sold, delivered, or otherwise disposed of
by him, except that this paragraph shall not require the
maintenance of a perpetual inventory.
(b) Availability of records
Every inventory or other record required under this section (1)
shall be in accordance with, and contain such relevant information
as may be required by, regulations of the Attorney General, (2)
shall (A) be maintained separately from all other records of the
registrant, or (B) alternatively, in the case of nonnarcotic
controlled substances, be in such form that information required by
the Attorney General is readily retrievable from the ordinary
business records of the registrant, and (3) shall be kept and be
available, for at least two years, for inspection and copying by
officers or employees of the United States authorized by the
Attorney General.
(c) Nonapplicability
The foregoing provisions of this section shall not apply -
(1)(A) to the prescribing of controlled substances in schedule
II, III, IV, or V by practitioners acting in the lawful course of
their professional practice unless such substance is prescribed
in the course of maintenance or detoxification treatment of an
individual; or
(B) to the administering of a controlled substance in schedule
II, III, IV, or V unless the practitioner regularly engages in
the dispensing or administering of controlled substances and
charges his patients, either separately or together with charges
for other professional services, for substances so dispensed or
administered or unless such substance is administered in the
course of maintenance treatment or detoxification treatment of an
individual;
(2)(A) to the use of controlled substances, at establishments
registered under this subchapter which keep records with respect
to such substances, in research conducted in conformity with an
exemption granted under section 355(i) or 360b(j) of this title;
(B) to the use of controlled substances, at establishments
registered under this subchapter which keep records with respect
to such substances, in preclinical research or in teaching; or
(3) to the extent of any exemption granted to any person, with
respect to all or part of such provisions, by the Attorney
General by or pursuant to regulation on the basis of a finding
that the application of such provisions (or part thereof) to such
person is not necessary for carrying out the purposes of this
subchapter.
Nothing in the Convention on Psychotropic Substances shall be
construed as superseding or otherwise affecting the provisions of
paragraph (1)(B), (2), or (3) of this subsection.
(d) Periodic reports to Attorney General
Every manufacturer registered under section 823 of this title
shall, at such time or times and in such form as the Attorney
General may require, make periodic reports to the Attorney General
of every sale, delivery or other disposal by him of any controlled
substance, and each distributor shall make such reports with
respect to narcotic controlled substances, identifying by the
registration number assigned under this subchapter the person or
establishment (unless exempt from registration under section 822(d)
of this title) to whom such sale, delivery, or other disposal was
made.
(e) Reporting and recordkeeping requirements of drug conventions
In addition to the reporting and recordkeeping requirements under
any other provision of this subchapter, each manufacturer
registered under section 823 of this title shall, with respect to
narcotic and nonnarcotic controlled substances manufactured by it,
make such reports to the Attorney General, and maintain such
records, as the Attorney General may require to enable the United
States to meet its obligations under articles 19 and 20 of the
Single Convention on Narcotic Drugs and article 16 of the
Convention on Psychotropic Substances. The Attorney General shall
administer the requirements of this subsection in such a manner as
to avoid the unnecessary imposition of duplicative requirements
under this subchapter on manufacturers subject to the requirements
of this subsection.
(f) Investigational uses of drugs; procedures
Regulations under sections 355(i) and 360(j) of this title,
relating to investigational use of drugs, shall include such
procedures as the Secretary, after consultation with the Attorney
General, determines are necessary to insure the security and
accountability of controlled substances used in research to which
such regulations apply.
(g) Change of address
Every registrant under this subchapter shall be required to
report any change of professional or business address in such
manner as the Attorney General shall by regulation require.
(h) Reporting requirements for GHB
In the case of a drug product containing gamma hydroxybutyric
acid for which an application has been approved under section 355
of this title, the Attorney General may, in addition to any other
requirements that apply under this section with respect to such a
drug product, establish any of the following as reporting
requirements:
(1) That every person who is registered as a manufacturer of
bulk or dosage form, as a packager, repackager, labeler,
relabeler, or distributor shall report acquisition and
distribution transactions quarterly, not later than the 15th day
of the month succeeding the quarter for which the report is
submitted, and annually report end-of-year inventories.
(2) That all annual inventory reports shall be filed no later
than January 15 of the year following that for which the report
is submitted and include data on the stocks of the drug product,
drug substance, bulk drug, and dosage forms on hand as of the
close of business December 31, indicating whether materials
reported are in storage or in process of manufacturing.
(3) That every person who is registered as a manufacturer of
bulk or dosage form shall report all manufacturing transactions
both inventory increases, including purchases, transfers, and
returns, and reductions from inventory, including sales,
transfers, theft, destruction, and seizure, and shall provide
data on material manufactured, manufactured from other material,
use in manufacturing other material, and use in manufacturing
dosage forms.
(4) That all reports under this section must include the
registered person's registration number as well as the
registration numbers, names, and other identifying information of
vendors, suppliers, and customers, sufficient to allow the
Attorney General to track the receipt and distribution of the
drug.
(5) That each dispensing practitioner shall maintain for each
prescription the name of the prescribing practitioner, the
prescribing practitioner's Federal and State registration
numbers, with the expiration dates of these registrations,
verification that the prescribing practitioner possesses the
appropriate registration to prescribe this controlled substance,
the patient's name and address, the name of the patient's
insurance provider and documentation by a medical practitioner
licensed and registered to prescribe the drug of the patient's
medical need for the drug. Such information shall be available
for inspection and copying by the Attorney General.
(6) That section 830(b)(3) of this title (relating to mail
order reporting) applies with respect to gamma hydroxybutyric
acid to the same extent and in the same manner as such section
applies with respect to the chemicals and drug products specified
in subparagraph (A)(i) of such section.
-SOURCE-
(Pub. L. 91-513, title II, Sec. 307, Oct. 27, 1970, 84 Stat. 1258;
Pub. L. 93-281, Sec. 5, May 14, 1974, 88 Stat. 125; Pub. L. 95-633,
title I, Sec. 104, 110, Nov. 10, 1978, 92 Stat. 3772, 3773; Pub. L.
98-473, title II, Sec. 514, 515, Oct. 12, 1984, 98 Stat. 2074; Pub.
L. 106-172, Sec. 4, Feb. 18, 2000, 114 Stat. 9.)
-REFTEXT-
REFERENCES IN TEXT
Schedules II, III, IV, and V, referred to in subsec. (c), are set
out in section 812(c) of this title.
-MISC2-
AMENDMENTS
2000 - Subsec. (h). Pub. L. 106-172 added subsec. (h).
1984 - Subsec. (c)(1)(A). Pub. L. 98-473, Sec. 514(a),
substituted "to the prescribing of controlled substances in
schedule II, III, IV, or V by practitioners acting in the lawful
course of their professional practice unless such substance is
prescribed in the course of maintenance or detoxification treatment
of an individual" for "with respect to any narcotic controlled
substance in schedule II, III, IV, or V, to the prescribing or
administering of such substance by a practitioner in the lawful
course of his professional practice unless such substance was
prescribed or administered in the course of maintenance treatment
or detoxification treatment of an individual".
Subsec. (c)(1)(B). Pub. L. 98-473, Sec. 514(b), substituted "to
the administering of a controlled substance in schedule II, III,
IV, or V unless the practitioner regularly engages in the
dispensing or administering of controlled substances and charges
his patients, either separately or together with charges for other
professional services, for substances so dispensed or administered
or unless such substance is administered in the course of
maintenance treatment or detoxification treatment of an
individual" for "with respect to nonnarcotic controlled
substances in schedule II, III, IV, or V, to any practitioner who
dispenses such substances to his patients, unless the practitioner
is regularly engaged in charging his patients, either separately or
together with charges for other professional services, for
substances so dispensed".
Subsec. (g). Pub. L. 98-473, Sec. 515, added subsec. (g).
1978 - Subsec. (c). Pub. L. 95-633, Sec. 110, inserted provision
following par. (3) relating to the construction of the Convention
on Psychotropic Substances.
Subsecs. (e), (f). Pub. L. 95-633 added subsec. (e) and
redesignated former subsec. (e) as (f).
1974 - Subsec. (c)(1)(A). Pub. L. 93-281 substituted "any
narcotic controlled substance" for "narcotic controlled
substances" and made section applicable to any narcotic controlled
substance prescribed or administered in the course of maintenance
treatment or detoxification treatment of an individual.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-633 effective on date the Convention on
Psychotropic Substances enters into force in the United States
(July 15, 1980), see section 112 of Pub. L. 95-633, set out as an
Effective Date note under section 801a of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 823, 829, 902, 958 of
this title.
-CITE-
21 USC Sec. 828 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part C - Registration of Manufacturers, Distributors, and
Dispensers of Controlled Substances
-HEAD-
Sec. 828. Order forms
-STATUTE-
(a) Unlawful distribution of controlled substances
It shall be unlawful for any person to distribute a controlled
substance in schedule I or II to another except in pursuance of a
written order of the person to whom such substance is distributed,
made on a form to be issued by the Attorney General in blank in
accordance with subsection (d) of this section and regulations
prescribed by him pursuant to this section.
(b) Nonapplicability of provisions
Nothing in subsection (a) of this section shall apply to -
(1) the exportation of such substances from the United States
in conformity with subchapter II of this chapter;
(2) the delivery of such a substance to or by a common or
contract carrier for carriage in the lawful and usual course of
its business, or to or by a warehouseman for storage in the
lawful and usual course of its business; but where such carriage
or storage is in connection with the distribution by the owner of
the substance to a third person, this paragraph shall not relieve
the distributor from compliance with subsection (a) of this
section.
(c) Preservation and availability
(1) Every person who in pursuance of an order required under
subsection (a) of this section distributes a controlled substance
shall preserve such order for a period of two years, and shall make
such order available for inspection and copying by officers and
employees of the United States duly authorized for that purpose by
the Attorney General, and by officers or employees of States or
their political subdivisions who are charged with the enforcement
of State or local laws regulating the production, or regulating the
distribution or dispensing, of controlled substances and who are
authorized under such laws to inspect such orders.
(2) Every person who gives an order required under subsection (a)
of this section shall, at or before the time of giving such order,
make or cause to be made a duplicate thereof on a form to be issued
by the Attorney General in blank in accordance with subsection (d)
of this section and regulations prescribed by him pursuant to this
section, and shall, if such order is accepted, preserve such
duplicate for a period of two years and make it available for
inspection and copying by the officers and employees mentioned in
paragraph (1) of this subsection.
(d) Issuance
(1) The Attorney General shall issue forms pursuant to
subsections (a) and (c)(2) of this section only to persons validly
registered under section 823 of this title (or exempted from
registration under section 822(d) of this title). Whenever any
such form is issued to a person, the Attorney General shall, before
delivery thereof, insert therein the name of such person, and it
shall be unlawful for any other person (A) to use such form for the
purpose of obtaining controlled substances or (B) to furnish such
form to any person with intent thereby to procure the distribution
of such substances.
(2) The Attorney General may charge reasonable fees for the
issuance of such forms in such amounts as he may prescribe for the
purpose of covering the cost to the United States of issuing such
forms, and other necessary activities in connection therewith.
(e) Unlawful acts
It shall be unlawful for any person to obtain by means of order
forms issued under this section controlled substances for any
purpose other than their use, distribution, dispensing, or
administration in the conduct of a lawful business in such
substances or in the course of his professional practice or
research.
-SOURCE-
(Pub. L. 91-513, title II, Sec. 308, Oct. 27, 1970, 84 Stat. 1259.)
-REFTEXT-
REFERENCES IN TEXT
Schedules I and II, referred to in subsec. (a), are set out in
section 812(c) of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 843 of this title.
-CITE-
21 USC Sec. 829 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part C - Registration of Manufacturers, Distributors, and
Dispensers of Controlled Substances
-HEAD-
Sec. 829. Prescriptions
-STATUTE-
(a) Schedule II substances
Except when dispensed directly by a practitioner, other than a
pharmacist, to an ultimate user, no controlled substance in
schedule II, which is a prescription drug as determined under the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), may
be dispensed without the written prescription of a practitioner,
except that in emergency situations, as prescribed by the Secretary
by regulation after consultation with the Attorney General, such
drug may be dispensed upon oral prescription in accordance with
section 503(b) of that Act (21 U.S.C. 353(b)). Prescriptions shall
be retained in conformity with the requirements of section 827 of
this title. No prescription for a controlled substance in schedule
II may be refilled.
(b) Schedule III and IV substances
Except when dispensed directly by a practitioner, other than a
pharmacist, to an ultimate user, no controlled substance in
schedule III or IV, which is a prescription drug as determined
under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.), may be dispensed without a written or oral prescription in
conformity with section 503(b) of that Act (21 U.S.C. 353(b)). Such
prescriptions may not be filled or refilled more than six months
after the date thereof or be refilled more than five times after
the date of the prescription unless renewed by the practitioner.
(c) Schedule V substances
No controlled substance in schedule V which is a drug may be
distributed or dispensed other than for a medical purpose.
(d) Non-prescription drugs with abuse potential
Whenever it appears to the Attorney General that a drug not
considered to be a prescription drug under the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 301 et seq.) should be so considered
because of its abuse potential, he shall so advise the Secretary
and furnish to him all available data relevant thereto.
-SOURCE-
(Pub. L. 91-513, title II, Sec. 309, Oct. 27, 1970, 84 Stat. 1260.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Food, Drug, and Cosmetic Act, referred to in subsecs.
(a), (b), and (d), 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.
Schedules II, III, IV, and V, referred to in subsecs. (a) to (c),
are set out in section 812(c) of this title.
-MISC2-
EFFECT OF SCHEDULING ON PRESCRIPTIONS
Pub. L. 101-647, title XIX, Sec. 1902(c), Nov. 29, 1990, 104
Stat. 4852, provided that: "Any prescription for anabolic steroids
subject to refill on or after the date of enactment of the
amendments made by this section (Nov. 29, 1990) may be refilled
without restriction under section 309(a) of the Controlled
Substances Act (21 U.S.C. 829(a))."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 842, 902 of this title.
-CITE-
21 USC Sec. 830 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part C - Registration of Manufacturers, Distributors, and
Dispensers of Controlled Substances
-HEAD-
Sec. 830. Regulation of listed chemicals and certain machines
-STATUTE-
(a) Record of regulated transactions
(1) Each regulated person who engages in a regulated transaction
involving a listed chemical, a tableting machine, or an
encapsulating machine shall keep a record of the transaction for
two years after the date of the transaction.
(2) A record under this subsection shall be retrievable and shall
include the date of the regulated transaction, the identity of each
party to the regulated transaction, a statement of the quantity and
form of the listed chemical, a description of the tableting machine
or encapsulating machine, and a description of the method of
transfer. Such record shall be available for inspection and
copying by the Attorney General.
(3) It is the duty of each regulated person who engages in a
regulated transaction to identify each other party to the
transaction. It is the duty of such other party to present proof
of identity to the regulated person. The Attorney General shall
specify by regulation the types of documents and other evidence
that constitute proof of identity for purposes of this paragraph.
(b) Reports to Attorney General
(1) Each regulated person shall report to the Attorney General,
in such form and manner as the Attorney General shall prescribe by
regulation -
(A) any regulated transaction involving an extraordinary
quantity of a listed chemical, an uncommon method of payment or
delivery, or any other circumstance that the regulated person
believes may indicate that the listed chemical will be used in
violation of this subchapter;
(B) any proposed regulated transaction with a person whose
description or other identifying characteristic the Attorney
General furnishes in advance to the regulated person;
(C) any unusual or excessive loss or disappearance of a listed
chemical under the control of the regulated person; and
(D) any regulated transaction in a tableting machine or an
encapsulating machine.
Each report under subparagraph (A) shall be made at the earliest
practicable opportunity after the regulated person becomes aware of
the circumstance involved. A regulated person may not complete a
transaction with a person whose description or identifying
characteristic is furnished to the regulated person under
subparagraph (B) unless the transaction is approved by the Attorney
General. The Attorney General shall make available to regulated
persons guidance documents describing transactions and
circumstances for which reports are required under subparagraph (A)
and subparagraph (C).
(2) A regulated person that manufactures a listed chemical shall
report annually to the Attorney General, in such form and manner
and containing such specific data as the Attorney General shall
prescribe by regulation, information concerning listed chemicals
manufactured by the person. The requirement of the preceding
sentence shall not apply to the manufacture of a drug product that
is exempted under section 802(39)(A)(iv) of this title.
(3) Mail order reporting. - (A) As used in this paragraph:
(i) The term "drug product" means an active ingredient in
dosage form that has been approved or otherwise may be lawfully
marketed under the Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.) for distribution in the United States.
(ii) The term "valid prescription" means a prescription which
is issued for a legitimate medical purpose by an individual
practitioner licensed by law to administer and prescribe the
drugs concerned and acting in the usual course of the
practitioner's professional practice.
(B) Each regulated person who engages in a transaction with a
nonregulated person or who engages in an export transaction which -
(i) involves ephedrine, pseudoephedrine, or phenylpropanolamine
(including drug products containing these chemicals); and
(ii) uses or attempts to use the Postal Service or any private
or commercial carrier;
shall, on a monthly basis, submit a report of each such transaction
conducted during the previous month to the Attorney General in such
form, containing such data, and at such times as the Attorney
General shall establish by regulation.
(C) The data required for such reports shall include -
(i) the name of the purchaser;
(ii) the quantity and form of the ephedrine, pseudoephedrine,
or phenylpropanolamine purchased; and
(iii) the address to which such ephedrine, pseudoephedrine, or
phenylpropanolamine was sent.
(D) Except as provided in subparagraph (E), the following
distributions to a nonregulated person, and the following export
transactions, shall not be subject to the reporting requirement in
subparagraph (B):
(i) Distributions of sample packages of drug products when such
packages contain not more than two solid dosage units or the
equivalent of two dosage units in liquid form, not to exceed 10
milliliters of liquid per package, and not more than one package
is distributed to an individual or residential address in any
30-day period.
(ii) Distributions of drug products by retail distributors that
may not include face-to-face transactions to the extent that such
distributions are consistent with the activities authorized for a
retail distributor as specified in section 802(46) of this title.
(iii) Distributions of drug products to a resident of a long
term care facility (as that term is defined in regulations
prescribed by the Attorney General) or distributions of drug
products to a long term care facility for dispensing to or for
use by a resident of that facility.
(iv) Distributions of drug products pursuant to a valid
prescription.
(v) Exports which have been reported to the Attorney General
pursuant to section 954 or 971 of this title or which are subject
to a waiver granted under section 971(e)(2) of this title.
(vi) Any quantity, method, or type of distribution or any
quantity, method, or type of distribution of a specific listed
chemical (including specific formulations or drug products) or of
a group of listed chemicals (including specific formulations or
drug products) which the Attorney General has excluded by
regulation from such reporting requirement on the basis that such
reporting is not necessary for the enforcement of this subchapter
or subchapter II of this chapter.
(E) The Attorney General may revoke any or all of the exemptions
listed in subparagraph (D) for an individual regulated person if he
finds that drug products distributed by the regulated person are
being used in violation of this subchapter or subchapter II of this
chapter. The regulated person shall be notified of the revocation,
which will be effective upon receipt by the person of such notice,
as provided in section 971(c)(1) of this title, and shall have the
right to an expedited hearing as provided in section 971(c)(2) of
this title.
(c) Confidentiality of information obtained by Attorney General;
non-disclosure; exceptions
(1) Except as provided in paragraph (2), any information obtained
by the Attorney General under this section which is exempt from
disclosure under section 552(a) of title 5, by reason of section
552(b)(4) of such title, is confidential and may not be disclosed
to any person.
(2) Information referred to in paragraph (1) may be disclosed
only -
(A) to an officer or employee of the United States engaged in
carrying out this subchapter, subchapter II of this chapter, or
the customs laws;
(B) when relevant in any investigation or proceeding for the
enforcement of this subchapter, subchapter II of this chapter, or
the customs laws;
(C) when necessary to comply with an obligation of the United
States under a treaty or other international agreement; or
(D) to a State or local official or employee in conjunction
with the enforcement of controlled substances laws or chemical
control laws.
(3) The Attorney General shall -
(A) take such action as may be necessary to prevent
unauthorized disclosure of information by any person to whom such
information is disclosed under paragraph (2); and
(B) issue guidelines that limit, to the maximum extent
feasible, the disclosure of proprietary business information,
including the names or identities of United States exporters of
listed chemicals, to any person to whom such information is
disclosed under paragraph (2).
(4) Any person who is aggrieved by a disclosure of information in
violation of this section may bring a civil action against the
violator for appropriate relief.
(5) Notwithstanding paragraph (4), a civil action may not be
brought under such paragraph against investigative or law
enforcement personnel of the Drug Enforcement Administration.
-SOURCE-
(Pub. L. 91-513, title II, Sec. 310, as added Pub. L. 95-633, title
II, Sec. 202(a), Nov. 10, 1978, 92 Stat. 3774; amended Pub. L.
100-690, title VI, Sec. 6052(a), Nov. 18, 1988, 102 Stat. 4312;
Pub. L. 103-200, Sec. 2(c), 10, Dec. 17, 1993, 107 Stat. 2336,
2341; Pub. L. 104-237, title II, Sec. 208, title IV, Sec. 402, Oct.
3, 1996, 110 Stat. 3104, 3111; Pub. L. 106-310, div. B, title
XXXVI, Sec. 3652, Oct. 17, 2000, 114 Stat. 1239.)
-REFTEXT-
REFERENCES IN TEXT
The Food, Drug, and Cosmetic Act, referred to in subsec.
(b)(3)(A)(i), probably means the Federal Food, Drug, and Cosmetic
Act, 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.
This subchapter, referred to in subsec. (b)(3)(D)(vi), (E), 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.
Subchapter II of this chapter, referred to in subsecs.
(b)(3)(D)(iv), (E) and (c)(2)(A), (B), was in the original "title
III", meaning title III of Pub. L. 91-513, Oct. 27, 1970, 84 Stat.
1285, as amended. 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 customs laws, referred to in subsec. (c)(2)(A), (B), are
classified generally to Title 19, Customs Duties.
-MISC2-
AMENDMENTS
2000 - Subsec. (b)(3). Pub. L. 106-310 added subpars. (A), (D),
and (E), redesignated former subpars. (A) and (B) as (B) and (C),
respectively, and inserted "or who engages in an export
transaction" after "nonregulated person" in introductory
provisions of subpar. (B).
1996 - Subsec. (a)(1). Pub. L. 104-237, Sec. 208, substituted
"for two years after the date of the transaction." for the dash
after "record of the transaction" and struck out subpars. (A) and
(B) which read as follows:
"(A) for 4 years after the date of the transaction, if the
listed chemical is a list I chemical or if the transaction involves
a tableting machine or an encapsulating machine; and
"(B) for 2 years after the date of the transaction, if the
listed chemical is a list II chemical."
Subsec. (b)(3). Pub. L. 104-237, Sec. 402, added par. (3).
1993 - Subsec. (a)(1). Pub. L. 103-200, Sec. 2(c)(1), substituted
"list I chemical" for "precursor chemical" in subpar. (A) and
"a list II chemical" for "an essential chemical" in subpar.
(B).
Subsec. (b). Pub. L. 103-200, Sec. 10, designated existing
provisions as par. (1), redesignated former pars. (1) to (4) as
subpars. (A) to (D), respectively, in concluding provisions,
substituted "subparagraph (A)" for "paragraph (1)" in two
places, "subparagraph (B)" for "paragraph (2)", and
"subparagraph (C)" for "paragraph (3)", and added par. (2).
Subsec. (c)(2)(D). Pub. L. 103-200, Sec. 2(c)(2), substituted
"chemical control laws" for "precursor chemical laws".
1988 - Pub. L. 100-690 amended section generally, substituting
provisions relating to regulation of listed chemicals and certain
machines for provisions relating to reporting by any person who
distributes, sells, or imports any piperidine.
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103-200 effective on date that is 120 days
after Dec. 17, 1993, see section 11 of Pub. L. 103-200, set out as
a note under section 802 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-690 effective 120 days after Nov. 18,
1988, see section 6061 of Pub. L. 100-690, set out as a note under
section 802 of this title.
EFFECTIVE DATE; TIME TO SUBMIT PIPERIDINE REPORT; REQUIRED
INFORMATION
Section 203(a) of title II of Pub. L. 95-633 provided that:
"(1) Except as provided under paragraph (2), the amendments made
by this title (enacting this section and amending sections 841 to
843 of this title) shall take effect on the date of the enactment
of this Act (Nov. 10, 1978).
"(2) Any person required to submit a report under section
310(a)(1) of the Controlled Substances Act (subsec. (a)(1) of this
section) respecting a distribution, sale, or importation of
piperidine during the 90 days after the date of the enactment of
this Act (Nov. 10, 1978) may submit such report any time up to 97
days after such date of enactment.
"(3) Until otherwise provided by the Attorney General by
regulation, the information required to be reported by a person
under section 310(a)(1) of the Controlled Substances Act (as added
by section 202(a)(2) of this title) (subsec. (a)(1) of this
section) with respect to the person's distribution, sale, or
importation of piperidine shall -
"(A) be the information described in subparagraphs (A) and (B)
of such section, and
"(B) except as provided in paragraph (2) of this subsection,
be reported not later than seven days after the date of such
distribution, sale, or importation."
REPEALS
Pub. L. 96-359, Sec. 8(b), Sept. 26, 1980, 94 Stat. 1194,
repealed section 203(d) of Pub. L. 95-633, which had provided for
the repeal of this section effective Jan. 1, 1981.
REGULATIONS FOR PIPERIDINE REPORTING
Section 203(b) of Pub. L. 95-633 required the Attorney General to
publish proposed interim regulations for piperidine reporting under
section 830(a) of this title not later than 30 days after
enactment, and final interim regulations not later than 75 days
after enactment, such final interim regulations to be effective on
and after the ninety-first day after enactment.
REPORT TO PRESIDENT AND CONGRESS ON EFFECTIVENESS OF TITLE II OF
PUB. L. 95-633
Section 203(c) of Pub. L. 95-633 required the Attorney General to
analyze and evaluate the impact and effectiveness of the amendments
made by title II of Pub. L. 95-633, and report to the President and
Congress not later than Mar. 1, 1980.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 802, 827, 841, 842, 843,
958 of this title.
-CITE-
21 USC Part D - Offenses and Penalties 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part D - Offenses and Penalties
.
-HEAD-
Part D - Offenses and Penalties
-CITE-
21 USC Sec. 841 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part D - Offenses and Penalties
-HEAD-
Sec. 841. Prohibited acts A
-STATUTE-
(a) Unlawful acts
Except as authorized by this subchapter, it shall be unlawful for
any person knowingly or intentionally -
(1) to manufacture, distribute, or dispense, or possess with
intent to manufacture, distribute, or dispense, a controlled
substance; or
(2) to create, distribute, or dispense, or possess with intent
to distribute or dispense, a counterfeit substance.
(b) Penalties
Except as otherwise provided in section 849, 859, 860, or 861 of
this title, any person who violates subsection (a) of this section
shall be sentenced as follows:
(1)(A) In the case of a violation of subsection (a) of this
section involving -
(i) 1 kilogram or more of a mixture or substance containing a
detectable amount of heroin;
(ii) 5 kilograms or more of a mixture or substance containing a
detectable amount of -
(I) coca leaves, except coca leaves and extracts of coca
leaves from which cocaine, ecgonine, and derivatives of
ecgonine or their salts have been removed;
(II) cocaine, its salts, optical and geometric isomers, and
salts of isomers;
(III) ecgonine, its derivatives, their salts, isomers, and
salts of isomers; or
(IV) any compound, mixture, or preparation which contains any
quantity of any of the substances referred to in subclauses (I)
through (III);
(iii) 50 grams or more of a mixture or substance described in
clause (ii) which contains cocaine base;
(iv) 100 grams or more of phencyclidine (PCP) or 1 kilogram or
more of a mixture or substance containing a detectable amount of
phencyclidine (PCP);
(v) 10 grams or more of a mixture or substance containing a
detectable amount of lysergic acid diethylamide (LSD);
(vi) 400 grams or more of a mixture or substance containing a
detectable amount of N-phenyl-N- ( 1- ( 2-phenylethyl )
-4-piperidinyl ) propanamide or 100 grams or more of a mixture or
substance containing a detectable amount of any analogue of N-pheny
propanamide;
(vii) 1000 kilograms or more of a mixture or substance
containing a detectable amount of marihuana, or 1,000 or more
marihuana plants regardless of weight; or
(viii) 50 grams or more of methamphetamine, its salts, isomers,
and salts of its isomers or 500 grams or more of a mixture or
substance containing a detectable amount of methamphetamine, its
salts, isomers, or salts of its isomers;
such person shall be sentenced to a term of imprisonment which may
not be less than 10 years or more than life and if death or serious
bodily injury results from the use of such substance shall be not
less than 20 years or more than life, a fine not to exceed the
greater of that authorized in accordance with the provisions of
title 18 or $4,000,000 if the defendant is an individual or
$10,000,000 if the defendant is other than an individual, or both.
If any person commits such a violation after a prior conviction for
a felony drug offense has become final, such person shall be
sentenced to a term of imprisonment which may not be less than 20
years and not more than life imprisonment and if death or serious
bodily injury results from the use of such substance shall be
sentenced to life imprisonment, a fine not to exceed the greater of
twice that authorized in accordance with the provisions of title 18
or $8,000,000 if the defendant is an individual or $20,000,000 if
the defendant is other than an individual, or both. If any person
commits a violation of this subparagraph or of section 849, 859,
860, or 861 of this title after two or more prior convictions for a
felony drug offense have become final, such person shall be
sentenced to a mandatory term of life imprisonment without release
and fined in accordance with the preceding sentence. Any sentence
under this subparagraph shall, in the absence of such a prior
conviction, impose a term of supervised release of at least 5 years
in addition to such term of imprisonment and shall, if there was
such a prior conviction, impose a term of supervised release of at
least 10 years in addition to such term of imprisonment.
Notwithstanding any other provision of law, the court shall not
place on probation or suspend the sentence of any person sentenced
under this subparagraph. No person sentenced under this
subparagraph shall be eligible for parole during the term of
imprisonment imposed therein.
(B) In the case of a violation of subsection (a) of this section
involving -
(i) 100 grams or more of a mixture or substance containing a
detectable amount of heroin;
(ii) 500 grams or more of a mixture or substance containing a
detectable amount of -
(I) coca leaves, except coca leaves and extracts of coca
leaves from which cocaine, ecgonine, and derivatives of
ecgonine or their salts have been removed;
(II) cocaine, its salts, optical and geometric isomers, and
salts of isomers;
(III) ecgonine, its derivatives, their salts, isomers, and
salts of isomers; or
(IV) any compound, mixture, or preparation which contains any
quantity of any of the substances referred to in subclauses (I)
through (III);
(iii) 5 grams or more of a mixture or substance described in
clause (ii) which contains cocaine base;
(iv) 10 grams or more of phencyclidine (PCP) or 100 grams or
more of a mixture or substance containing a detectable amount of
phencyclidine (PCP);
(v) 1 gram or more of a mixture or substance containing a
detectable amount of lysergic acid diethylamide (LSD);
(vi) 40 grams or more of a mixture or substance containing a
detectable amount of N-phenyl-N- ( 1- ( 2-phenylethyl )
-4-piperidinyl ) propanamide or 10 grams or more of a mixture or
substance containing a detectable amount of any analogue of N-pheny
propanamide;
(vii) 100 kilograms or more of a mixture or substance
containing a detectable amount of marihuana, or 100 or more
marihuana plants regardless of weight; or
(viii) 5 grams or more of methamphetamine, its salts, isomers,
and salts of its isomers or 50 grams or more of a mixture or
substance containing a detectable amount of methamphetamine, its
salts, isomers, or salts of its isomers;
such person shall be sentenced to a term of imprisonment which may
not be less than 5 years and not more than 40 years and if death or
serious bodily injury results from the use of such substance shall
be not less than 20 years or more than life, a fine not to exceed
the greater of that authorized in accordance with the provisions of
title 18 or $2,000,000 if the defendant is an individual or
$5,000,000 if the defendant is other than an individual, or both.
If any person commits such a violation after a prior conviction for
a felony drug offense has become final, such person shall be
sentenced to a term of imprisonment which may not be less than 10
years and not more than life imprisonment and if death or serious
bodily injury results from the use of such substance shall be
sentenced to life imprisonment, a fine not to exceed the greater of
twice that authorized in accordance with the provisions of title 18
or $4,000,000 if the defendant is an individual or $10,000,000 if
the defendant is other than an individual, or both. Any sentence
imposed under this subparagraph shall, in the absence of such a
prior conviction, include a term of supervised release of at least
4 years in addition to such term of imprisonment and shall, if
there was such a prior conviction, include a term of supervised
release of at least 8 years in addition to such term of
imprisonment. Notwithstanding any other provision of law, the
court shall not place on probation or suspend the sentence of any
person sentenced under this subparagraph. No person sentenced
under this subparagraph shall be eligible for parole during the
term of imprisonment imposed therein.
(C) In the case of a controlled substance in schedule I or II,
gamma hydroxybutyric acid (including when scheduled as an approved
drug product for purposes of section 3(a)(1)(B) of the Hillory J.
Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000),
or 1 gram of flunitrazepam, except as provided in subparagraphs
(A), (B), and (D), such person shall be sentenced to a term of
imprisonment of not more than 20 years and if death or serious
bodily injury results from the use of such substance shall be
sentenced to a term of imprisonment of not less than twenty years
or more than life, a fine not to exceed the greater of that
authorized in accordance with the provisions of title 18 or
$1,000,000 if the defendant is an individual or $5,000,000 if the
defendant is other than an individual, or both. If any person
commits such a violation after a prior conviction for a felony drug
offense has become final, such person shall be sentenced to a term
of imprisonment of not more than 30 years and if death or serious
bodily injury results from the use of such substance shall be
sentenced to life imprisonment, a fine not to exceed the greater of
twice that authorized in accordance with the provisions of title 18
or $2,000,000 if the defendant is an individual or $10,000,000 if
the defendant is other than an individual, or both. Any sentence
imposing a term of imprisonment under this paragraph shall, in the
absence of such a prior conviction, impose a term of supervised
release of at least 3 years in addition to such term of
imprisonment and shall, if there was such a prior conviction,
impose a term of supervised release of at least 6 years in addition
to such term of imprisonment. Notwithstanding any other provision
of law, the court shall not place on probation or suspend the
sentence of any person sentenced under the provisions of this
subparagraph which provide for a mandatory term of imprisonment if
death or serious bodily injury results, nor shall a person so
sentenced be eligible for parole during the term of such a
sentence.
(D) In the case of less than 50 kilograms of marihuana, except in
the case of 50 or more marihuana plants regardless of weight, 10
kilograms of hashish, or one kilogram of hashish oil or in the case
of any controlled substance in schedule III (other than gamma
hydroxybutyric acid), or 30 milligrams of flunitrazepam, such
person shall, except as provided in paragraphs (4) and (5) of this
subsection, be sentenced to a term of imprisonment of not more than
5 years, a fine not to exceed the greater of that authorized in
accordance with the provisions of title 18 or $250,000 if the
defendant is an individual or $1,000,000 if the defendant is other
than an individual, or both. If any person commits such a
violation after a prior conviction for a felony drug offense has
become final, such person shall be sentenced to a term of
imprisonment of not more than 10 years, a fine not to exceed the
greater of twice that authorized in accordance with the provisions
of title 18 or $500,000 if the defendant is an individual or
$2,000,000 if the defendant is other than an individual, or both.
Any sentence imposing a term of imprisonment under this paragraph
shall, in the absence of such a prior conviction, impose a term of
supervised release of at least 2 years in addition to such term of
imprisonment and shall, if there was such a prior conviction,
impose a term of supervised release of at least 4 years in addition
to such term of imprisonment.
(2) In the case of a controlled substance in schedule IV, such
person shall be sentenced to a term of imprisonment of not more
than 3 years, a fine not to exceed the greater of that authorized
in accordance with the provisions of title 18 or $250,000 if the
defendant is an individual or $1,000,000 if the defendant is other
than an individual, or both. If any person commits such a
violation after one or more prior convictions of him for an offense
punishable under this paragraph, or for a felony under any other
provision of this subchapter or subchapter II of this chapter or
other law of a State, the United States, or a foreign country
relating to narcotic drugs, marihuana, or depressant or stimulant
substances, have become final, such person shall be sentenced to a
term of imprisonment of not more than 6 years, a fine not to exceed
the greater of twice that authorized in accordance with the
provisions of title 18 or $500,000 if the defendant is an
individual or $2,000,000 if the defendant is other than an
individual, or both. Any sentence imposing a term of imprisonment
under this paragraph shall, in the absence of such a prior
conviction, impose a term of supervised release of at least one
year in addition to such term of imprisonment and shall, if there
was such a prior conviction, impose a term of supervised release of
at least 2 years in addition to such term of imprisonment.
(3) In the case of a controlled substance in schedule V, such
person shall be sentenced to a term of imprisonment of not more
than one year, a fine not to exceed the greater of that authorized
in accordance with the provisions of title 18 or $100,000 if the
defendant is an individual or $250,000 if the defendant is other
than an individual, or both. If any person commits such a
violation after one or more convictions of him for an offense
punishable under this paragraph, or for a crime under any other
provision of this subchapter or subchapter II of this chapter or
other law of a State, the United States, or a foreign country
relating to narcotic drugs, marihuana, or depressant or stimulant
substances, have become final, such person shall be sentenced to a
term of imprisonment of not more than 2 years, a fine not to exceed
the greater of twice that authorized in accordance with the
provisions of title 18 or $200,000 if the defendant is an
individual or $500,000 if the defendant is other than an
individual, or both.
(4) Notwithstanding paragraph (1)(D) of this subsection, any
person who violates subsection (a) of this section by distributing
a small amount of marihuana for no remuneration shall be treated as
provided in section 844 of this title and section 3607 of title 18.
(5) Any person who violates subsection (a) of this section by
cultivating a controlled substance on Federal property shall be
imprisoned as provided in this subsection and shall be fined any
amount not to exceed -
(A) the amount authorized in accordance with this section;
(B) the amount authorized in accordance with the provisions of
title 18;
(C) $500,000 if the defendant is an individual; or
(D) $1,000,000 if the defendant is other than an individual;
or both.
(6) Any person who violates subsection (a) of this section, or
attempts to do so, and knowingly or intentionally uses a poison,
chemical, or other hazardous substance on Federal land, and, by
such use -
(A) creates a serious hazard to humans, wildlife, or domestic
animals,
(B) degrades or harms the environment or natural resources, or
(C) pollutes an aquifer, spring, stream, river, or body of
water,
shall be fined in accordance with title 18 or imprisoned not more
than five years, or both.
(7) Penalties for distribution. -
(A) In general. - Whoever, with intent to commit a crime of
violence, as defined in section 16 of title 18 (including rape),
against an individual, violates subsection (a) of this section by
distributing a controlled substance or controlled substance
analogue to that individual without that individual's knowledge,
shall be imprisoned not more than 20 years and fined in
accordance with title 18.
(B) Definition. - For purposes of this paragraph, the term
"without that individual's knowledge" means that the individual
is unaware that a substance with the ability to alter that
individual's ability to appraise conduct or to decline
participation in or communicate unwillingness to participate in
conduct is administered to the individual.
(c) Offenses involving listed chemicals
Any person who knowingly or intentionally -
(1) possesses a listed chemical with intent to manufacture a
controlled substance except as authorized by this subchapter;
(2) possesses or distributes a listed chemical knowing, or
having reasonable cause to believe, that the listed chemical will
be used to manufacture a controlled substance except as
authorized by this subchapter; or
(3) with the intent of causing the evasion of the recordkeeping
or reporting requirements of section 830 of this title, or the
regulations issued under that section, receives or distributes a
reportable amount of any listed chemical in units small enough so
that the making of records or filing of reports under that
section is not required;
shall be fined in accordance with title 18 or imprisoned not more
than 20 years in the case of a violation of paragraph (1) or (2)
involving a list I chemical or not more than 10 years in the case
of a violation of this subsection other than a violation of
paragraph (1) or (2) involving a list I chemical, or both.
(d) Boobytraps on Federal property; penalties; "boobytrap"
defined
(1) Any person who assembles, maintains, places, or causes to be
placed a boobytrap on Federal property where a controlled substance
is being manufactured, distributed, or dispensed shall be sentenced
to a term of imprisonment for not more than 10 years and shall be
fined not more than $10,000.
(2) If any person commits such a violation after 1 or more prior
convictions for an offense punishable under this subsection, such
person shall be sentenced to a term of imprisonment of not more
than 20 years and shall be fined not more than $20,000.
(3) For the purposes of this subsection, the term "boobytrap"
means any concealed or camouflaged device designed to cause bodily
injury when triggered by any action of any unsuspecting person
making contact with the device. Such term includes guns,
ammunition, or explosive devices attached to trip wires or other
triggering mechanisms, sharpened stakes, and lines or wires with
hooks attached.
(e) Ten-year injunction as additional penalty
In addition to any other applicable penalty, any person convicted
of a felony violation of this section relating to the receipt,
distribution, manufacture, exportation, or importation of a listed
chemical may be enjoined from engaging in any transaction involving
a listed chemical for not more than ten years.
(f) Wrongful distribution or possession of listed chemicals
(1) Whoever knowingly distributes a listed chemical in violation
of this subchapter (other than in violation of a recordkeeping or
reporting requirement of section 830 of this title) shall be fined
under title 18 or imprisoned not more than 5 years, or both.
(2) Whoever possesses any listed chemical, with knowledge that
the recordkeeping or reporting requirements of section 830 of this
title have not been adhered to, if, after such knowledge is
acquired, such person does not take immediate steps to remedy the
violation shall be fined under title 18 or imprisoned not more than
one year, or both.
-SOURCE-
(Pub. L. 91-513, title II, Sec. 401, Oct. 27, 1970, 84 Stat. 1260;
Pub. L. 95-633, title II, Sec. 201, Nov. 10, 1978, 92 Stat. 3774;
Pub. L. 96-359, Sec. 8(c), Sept. 26, 1980, 94 Stat. 1194; Pub. L.
98-473, title II, Sec. 224(a), 502, 503(b)(1), (2), Oct. 12, 1984,
98 Stat. 2030, 2068, 2070; Pub. L. 99-570, title I, Sec. 1002,
1003(a), 1004(a), 1005(a), 1103, title XV, Sec. 15005, Oct. 27,
1986, 100 Stat. 3207-2, 3207-5, 3207-6, 3207-11, 3702-192; Pub. L.
100-690, title VI, Sec. 6055, 6254(h), 6452(a), 6470(g), (h), 6479,
Nov. 18, 1988, 102 Stat. 4318, 4367, 4371, 4378, 4381; Pub. L.
101-647, title X, Sec. 1002(e), title XII, Sec. 1202, title XXXV,
Sec. 3599K, Nov. 29, 1990, 104 Stat. 4828, 4830, 4932; Pub. L.
103-322, title IX, Sec. 90105(a), (c), title XVIII, Sec.
180201(b)(2)(A), Sept. 13, 1994, 108 Stat. 1987, 1988, 2047; Pub.
L. 104-237, title II, Sec. 206(a), title III, Sec. 302(a), Oct. 3,
1996, 110 Stat. 3103, 3105; Pub. L. 104-305, Sec. 2(a), (b)(1),
Oct. 13, 1996, 110 Stat. 3807; Pub. L. 105-277, div. E, Sec. 2(a),
Oct. 21, 1998, 112 Stat. 2681-759; Pub. L. 106-172, Sec. 3(b)(1),
5(b), 9, Feb. 18, 2000, 114 Stat. 9, 10, 13.)
-REFTEXT-
REFERENCES IN TEXT
This subchapter, referred to in subsecs. (a), (b)(1) to (3),
(c)(1), (2), and (f)(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 under section 801 of
this title and Tables.
Schedules I, II, III, IV, and V, referred to in subsec. (b), are
set out in section 812(c) of this title.
Subchapter II of this chapter, referred to in subsec. (b)(1) to
(3), was in the original "title III", meaning title III of Pub.
L. 91-513, Oct. 27, 1970, 84 Stat. 1285, as amended. 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.
Section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid
Date-Rape Prohibition Act of 2000, referred to in subsec.
(b)(1)(C), is section 3(a)(1)(B) of Pub. L. 106-172, which is set
out in a note under section 812 of this title.
-MISC2-
AMENDMENTS
2000 - Subsec. (b)(1)(C). Pub. L. 106-172, Sec. 3(b)(1)(A),
inserted "gamma hydroxybutyric acid (including when scheduled as
an approved drug product for purposes of section 3(a)(1)(B) of the
Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act
of 2000)," after "schedule I or II," in first sentence.
Subsec. (b)(1)(D). Pub. L. 106-172, Sec. 3(b)(1)(B), substituted
"(other than gamma hydroxybutyric acid), or 30" for ", or 30".
Subsec. (b)(7)(A). Pub. L. 106-172, Sec. 5(b), inserted "or
controlled substance analogue" after "distributing a controlled
substance".
Subsecs. (c) to (g). Pub. L. 106-172, Sec. 9, redesignated
subsecs. (d) to (g) as (c) to (f), respectively.
1998 - Subsec. (b)(1). Pub. L. 105-277 in subpar. (A)(viii)
substituted "50 grams" and "500 grams" for "100 grams" and
"1 kilogram", respectively, and in subpar. (B)(viii) substituted
"5 grams" and "50 grams" for "10 grams" and "100 grams",
respectively.
1996 - Subsec. (b)(1)(C). Pub. L. 104-305, Sec. 2(b)(1)(A),
inserted ", or 1 gram of flunitrazepam," after "schedule I or
II".
Subsec. (b)(1)(D). Pub. L. 104-305, Sec. 2(b)(1)(B), inserted
"or 30 milligrams of flunitrazepam," after "schedule III,".
Subsec. (b)(7). Pub. L. 104-305, Sec. 2(a), added par. (7).
Subsec. (d). Pub. L. 104-237, Sec. 302(a), in concluding
provisions, substituted "not more than 20 years in the case of a
violation of paragraph (1) or (2) involving a list I chemical or
not more than 10 years in the case of a violation of this
subsection other than a violation of paragraph (1) or (2) involving
a list I chemical," for "not more than 10 years,".
Subsec. (f). Pub. L. 104-237, Sec. 206(a), inserted
"manufacture, exportation," after "distribution," and struck
out "regulated" after "engaging in any".
1994 - Subsec. (b). Pub. L. 103-322, Sec. 180201(b)(2)(A),
inserted "849," before "859," in introductory provisions.
Subsec. (b)(1)(A). Pub. L. 103-322, Sec. 90105(c),
180201(b)(2)(A), in concluding provisions, inserted "849," before
"859," and struck out "For purposes of this subparagraph, the
term 'felony drug offense' means an offense that is a felony under
any provision of this subchapter or any other Federal law that
prohibits or restricts conduct relating to narcotic drugs,
marihuana, or depressant or stimulant substances or a felony under
any law of a State or a foreign country that prohibits or restricts
conduct relating to narcotic drugs, marihuana, or depressant or
stimulant substances." before "Any sentence under this
subparagraph".
Subsec. (b)(1)(B). Pub. L. 103-322, Sec. 90105(a), in sentence in
concluding provisions beginning "If any person commits",
substituted "a prior conviction for a felony drug offense has
become final" for "one or more prior convictions for an offense
punishable under this paragraph, or for a felony under any other
provision of this subchapter or subchapter II of this chapter or
other law of a State, the United States, or a foreign country
relating to narcotic drugs, marihuana, or depressant or stimulant
substances, have become final".
Subsec. (b)(1)(C). Pub. L. 103-322, Sec. 90105(a), in sentence
beginning "If any person commits", substituted "a prior
conviction for a felony drug offense has become final" for "one
or more prior convictions for an offense punishable under this
paragraph, or for a felony under any other provision of this
subchapter or subchapter II of this chapter or other law of a
State, the United States or a foreign country relating to narcotic
drugs, marihuana, or depressant or stimulant substances, have
become final".
Subsec. (b)(1)(D). Pub. L. 103-322, Sec. 90105(a), in sentence
beginning "If any person commits", substituted "a prior
conviction for a felony drug offense has become final" for "one
or more prior convictions of him for an offense punishable under
this paragraph, or for a felony under any other provision of this
subchapter or subchapter II of this chapter or other law of a
State, the United States, or a foreign country relating to narcotic
drugs, marihuana, or depressant or stimulant substances, have
become final".
1990 - Subsec. (b). Pub. L. 101-647, Sec. 1002(e)(1), substituted
"section 859, 860, or 861" for "section 845, 845a, or 845b" in
introductory provisions.
Subsec. (b)(1)(A). Pub. L. 101-647, Sec. 1002(e)(1), substituted
"section 859, 860, or 861" for "section 845, 845a, or 845b" in
concluding provisions.
Subsec. (b)(1)(A)(ii)(IV). Pub. L. 101-647, Sec. 3599K,
substituted "any of the substances" for "any of the substance".
Subsec. (b)(1)(A)(viii). Pub. L. 101-647, Sec. 1202, substituted
"or 1 kilogram or more of a mixture or substance containing a
detectable amount of methamphetamine" for "or 100 grams or more
of a mixture or substance containing a detectable amount of
methamphetamine".
Subsec. (b)(1)(B)(ii)(IV). Pub. L. 101-647, Sec. 3599K,
substituted "any of the substances" for "any of the substance".
Subsec. (c). Pub. L. 101-647, Sec. 1002(e)(2), directed amendment
of subsec. (c) by substituting "section 859, 860, or 861 of this
title" for "section 845, 845a, or 845b of this title". Subsec.
(c) was previously repealed by Pub. L. 98-473, Sec. 224(a)(2), as
renumbered by Pub. L. 99-570, Sec. 1005(a), effective Nov. 1, 1987,
and applicable only to offenses committed after the taking effect
of such amendment. See 1984 Amendment note and Effective Date of
1984 Amendment note below.
1988 - Subsec. (b)(1)(A). Pub. L. 100-690, Sec. 6452(a), 6470(g),
6479(1), inserted ", or 1,000 or more marihuana plants regardless
of weight" in cl. (vii), added cl. (viii), substituted "a prior
conviction for a felony drug offense has become final" for "one
or more prior convictions for an offense punishable under this
paragraph, or for a felony under any other provision of this
subchapter or subchapter II of this chapter or other law of a
State, the United States, or a foreign country relating to narcotic
drugs, marihuana, or depressant or stimulant substances, have
become final" in second sentence, and added provisions relating to
sentencing for a person who violates this subpar. or section 485,
485a, or 485b of this title after two or more prior convictions for
a felony drug offense have become final and defining "felony drug
offense".
Subsec. (b)(1)(B). Pub. L. 100-690, Sec. 6470(h), 6479(2),
inserted ", or 100 or more marihuana plants regardless of weight"
in cl. (vii) and added cl. (viii).
Subsec. (b)(1)(D). Pub. L. 100-690, Sec. 6479(3), substituted
"50 or more marihuana plants" for "100 or more marihuana
plants".
Subsec. (b)(6). Pub. L. 100-690, Sec. 6254(h), added par. (6).
Subsec. (d). Pub. L. 100-690, Sec. 6055(a), amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as follows: "Any
person who knowingly or intentionally -
"(1) possesses any piperidine with intent to manufacture
phencyclidine except as authorized by this subchapter, or
"(2) possesses any piperidine knowing, or having reasonable
cause to believe, that the piperidine will be used to manufacture
phencyclidine except as authorized by this subchapter,
shall be sentenced to a term of imprisonment of not more than 5
years, a fine not to exceed the greater of that authorized in
accordance with the provisions of title 18 or $250,000 if the
defendant is an individual or $1,000,000 if the defendant is other
than an individual, or both."
Subsecs. (f), (g). Pub. L. 100-690, Sec. 6055(b), added subsecs.
(f) and (g).
1986 - Pub. L. 99-570, Sec. 1005(a), amended Pub. L. 98-473, Sec.
224(a). See 1984 Amendment note below.
Subsec. (b). Pub. L. 99-570, Sec. 1103(a), substituted ", 845a,
or 845b" for "or 845a" in introductory provisions.
Subsec. (b)(1)(A). Pub. L. 99-570, Sec. 1002(2), amended subpar.
(A) generally. Prior to amendment, subpar. (A) read as follows:
"In the case of a violation of subsection (a) of this section
involving -
"(i) 100 grams or more of a controlled substance in schedule I
or II which is a mixture or substance containing a detectable
amount of a narcotic drug other than a narcotic drug consisting
of -
"(I) coca leaves;
"(II) a compound, manufacture, salt, derivative, or
preparation of coca leaves; or
"(III) a substance chemically identical thereto;
"(ii) a kilogram or more of any other controlled substance in
schedule I or II which is a narcotic drug;
"(iii) 500 grams or more of phencyclidine (PCP); or
"(iv) 5 grams or more of lysergic acid diethylamide (LSD);
such person shall be sentenced to a term of imprisonment of not
more than 20 years, a fine of not more than $250,000, or both. If
any person commits such a violation after one or more prior
convictions of him for an offense punishable under this paragraph,
or for a felony under any other provision of this subchapter or
subchapter II of this chapter or other law of a State, the United
States, or a foreign country relating to narcotic drugs, marihuana,
or depressant or stimulant substances, have become final, such
person shall be sentenced to a term of imprisonment of not more
than 40 years, a fine of not more than $500,000, or both".
Subsec. (b)(1)(B). Pub. L. 99-570, Sec. 1002(2), amended subpar.
(B) generally. Prior to amendment, subpar. (B) read as follows:
"In the case of a controlled substance in schedule I or II except
as provided in subparagraphs (A) and (C),, such person shall be
sentenced to a term of imprisonment of not more than 15 years, a
fine of not more than $125,000, or both. If any person commits
such a violation after one or more prior convictions of him for an
offense punishable under this paragraph, or for a felony under any
other provision of this subchapter or subchapter II of this chapter
or other law of a State, the United States, or a foreign country
relating to narcotic drugs, marihuana, or depressant or stimulant
substances, have become final, such person shall be sentenced to a
term of imprisonment of not more than 30 years, a fine of not more
than $250,000, or both. Any sentence imposing a term of
imprisonment under this paragraph shall, in the absence of such a
prior conviction, impose a special parole term of at least 3 years
in addition to such term of imprisonment and shall, if there was
such a prior conviction, impose a special parole term of at least 6
years in addition to such term of imprisonment."
Subsec. (b)(1)(C). Pub. L. 99-570, Sec. 1002(2), added subpar.
(C). Former subpar. (C) redesignated (D).
Subsec. (b)(1)(D). Pub. L. 99-570, Sec. 1004(a), substituted
"term of supervised release" for "special parole term" in two
places.
Pub. L. 99-570, Sec. 1002(1), 1003(a)(1), redesignated former
subpar. (C) as (D), substituted "a fine not to exceed the greater
of that authorized in accordance with the provisions of title 18 or
$250,000 if the defendant is an individual or $1,000,000 if the
defendant is other than an individual" for "a fine of not more
than $50,000" and "a fine not to exceed the greater of twice that
authorized in accordance with the provisions of title 18 or
$500,000 if the defendant is an individual or $2,000,000 if the
defendant is other than an individual" for "a fine of not more
than $100,000", and inserted "except in the case of 100 or more
marihuana plants regardless of weight,".
Subsec. (b)(2). Pub. L. 99-570, Sec. 1004(a), substituted "term
of supervised release" for "special parole term" in two places.
Pub. L. 99-570, Sec. 1003(a)(2), substituted "a fine not to
exceed the greater of that authorized in accordance with the
provisions of title 18 or $250,000 if the defendant is an
individual or $1,000,000 if the defendant is other than an
individual" for "a fine of not more than $25,000" and "a fine
not to exceed the greater of twice that authorized in accordance
with the provisions of title 18 or $500,000 if the defendant is an
individual or $2,000,000 if the defendant is other than an
individual" for "a fine of not more than $50,000".
Subsec. (b)(3). Pub. L. 99-570, Sec. 1003(a)(3), substituted "a
fine not to exceed the greater of that authorized in accordance
with the provisions of title 18 or $100,000 if the defendant is an
individual or $250,000 if the defendant is other than an
individual" for "a fine of not more than $10,000" and "a fine
not to exceed the greater of twice that authorized in accordance
with the provisions of title 18 or $200,000 if the defendant is an
individual or $500,000 if the defendant is other than an
individual" for "a fine of not more than $20,000".
Subsec. (b)(4). Pub. L. 99-570, Sec. 1003(a)(4), which directed
the substitution of "1(D)" for "1(C)" was executed by
substituting "(1)(D)" for "(1)(C)" as the probable intent of
Congress.
Subsec. (b)(5). Pub. L. 99-570, Sec. 1003(a)(5), amended par. (5)
generally. Prior to amendment, par. (5) read as follows:
"Notwithstanding paragraph (1), any person who violates subsection
(a) of this section by cultivating a controlled substance on
Federal property shall be fined not more than -
"(A) $500,000 if such person is an individual; and
"(B) $1,000,000 if such person is not an individual."
Subsec. (c). Pub. L. 99-570, Sec. 1004(a), substituted "term of
supervised release" for "special parole term" wherever
appearing, effective Nov. 1, 1987, the effective date of the repeal
of subsec. (c) by Pub. L. 98-473, Sec. 224(a)(2). See 1984
Amendment note below.
Pub. L. 99-570, Sec. 1103(b), substituted ", 845a, or 845b" for
"845a" in two places.
Subsec. (d). Pub. L. 99-570, Sec. 1003(a)(6), substituted "a
fine not to exceed the greater of that authorized in accordance
with the provisions of title 18 or $250,000 if the defendant is an
individual or $1,000,000 if the defendant is other than an
individual" for "a fine of not more than $15,000".
Subsec. (e). Pub. L. 99-570, Sec. 15005, added subsec. (e).
1984 - Subsec. (b). Pub. L. 98-473, Sec. 503(b)(1), inserted
reference to section 845a of this title in provisions preceding
par. (1)(A).
Pub. L. 98-473, Sec. 224(a)(1)-(3), (5), which directed amendment
of this subsection effective Nov. 1, 1987 (see section 235(a)(1) of
Pub. L. 98-473 set out as an Effective Date note under section 3551
of Title 18, Crimes and Criminal Procedure) was repealed by Pub. L.
99-570, Sec. 1005(a), and the remaining pars. (4) and (6) of Pub.
L. 98-473, Sec. 224(a), were redesignated as pars. (1) and (2),
respectively.
Subsec. (b)(1)(A). Pub. L. 98-473, Sec. 502(1)(A), added subpar.
(A). Former subpar. (A) redesignated (B).
Subsec. (b)(1)(B). Pub. L. 98-473, Sec. 502(1)(A), (B),
redesignated former subpar. (A) as (B), substituted "except as
provided in subparagraphs (A) and (C)," for "which is a narcotic
drug", "$125,000" for "$25,000", and "$250,000" for
"$50,000", and inserted references to laws of a State and a
foreign country. Former subpar. (B) redesignated (C).
Subsec. (b)(1)(C). Pub. L. 98-473, Sec. 502(1)(A), (C),
redesignated former subpar. (B) as (C), substituted "less than 50
kilograms of marihuana, 10 kilograms of hashish, or one kilogram of
hashish oil" for "a controlled substance in schedule I or II
which is not a narcotic drug", "and (5)" for ", (5), and (6)",
"$50,000" for "$15,000", and "$100,000" for "$30,000", and
inserted references to laws of a State and a foreign country.
Subsec. (b)(2). Pub. L. 98-473, Sec. 502(2), substituted
"$25,000" for "$10,000" and "$50,000" for "$20,000", and
inserted references to laws of a State or of a foreign country.
Subsec. (b)(3). Pub. L. 98-473, Sec. 502(3), substituted
"$10,000" for "$5,000" and "$20,000" for "$10,000", and
inserted references to laws of a State or of a foreign country.
Subsec. (b)(4). Pub. L. 98-473, Sec. 502(4), substituted
"(1)(C)" for "(1)(B)".
Pub. L. 98-473, Sec. 224(a)(1), as renumbered by Pub. L. 99-570,
Sec. 1005(a), substituted "in section 844 of this title and
section 3607 of title 18" for "in subsections (a) and (b) of
section 844 of this title".
Subsec. (b)(5). Pub. L. 98-473, Sec. 502(5), (6), added par. (5)
and struck out former par. (5) which related to penalties for
manufacturing, etc., phencyclidine.
Subsec. (b)(6). Pub. L. 98-473, Sec. 502(5), struck out par. (6)
which related to penalties for violations involving a quantity of
marihuana exceeding 1,000 pounds.
Subsec. (c). Pub. L. 98-473, Sec. 224(a)(2), as renumbered by
Pub. L. 99-570, Sec. 1005(a), struck out subsec. (c) which read as
follows: "A special parole term imposed under this section or
section 845, 845a, or 845b of this title may be revoked if its
terms and conditions are violated. In such circumstances the
original term of imprisonment shall be increased by the period of
the special parole term and the resulting new term of imprisonment
shall not be diminished by the time which was spent on special
parole. A person whose special parole term has been revoked may be
required to serve all or part of the remainder of the new term of
imprisonment. A special parole term provided for in this section
or section 845, 845a, or 845b of this title shall be in addition
to, and not in lieu of, any other parole provided for by law."
Pub. L. 98-473, Sec. 503(b)(2), inserted reference to section
845a of this title in two places.
1980 - Subsec. (b)(1)(B). Pub. L. 96-359, Sec. 8(c)(1), inserted
reference to par. (6) of this subsection.
Subsec. (b)(6). Pub. L. 96-359, Sec. 8(c)(2), added par. (6).
1978 - Subsec. (b)(1)(B). Pub. L. 95-633, Sec. 201(1), inserted
", except as provided in paragraphs (4) and (5) of this
subsection," after "such person shall".
Subsec. (b)(5). Pub. L. 95-633, Sec. 201(2), added par. (5).
Subsec. (d). Pub. L. 95-633, Sec. 201(3), added subsec. (d).
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by section 6055 of Pub. L. 100-690 effective 120 days
after Nov. 18, 1988, see section 6061 of Pub. L. 100-690, set out
as a note under section 802 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Section 1004(b) of Pub. L. 99-570 provided that: "The amendments
made by this section (amending this section and sections 845, 845a,
960, and 962 of this title) shall take effect on the date of the
taking effect of section 3583 of title 18, United States Code (Nov.
1, 1987)."
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by section 224(a) of Pub. L. 98-473 effective Nov. 1,
1987, and applicable only to offenses committed after the taking
effect of such amendment, see section 235(a)(1) of Pub. L. 98-473,
set out as an Effective Date note under section 3551 of Title 18,
Crimes and Criminal Procedure.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-633 effective Nov. 10, 1978, see section
203(a) of Pub. L. 95-633 set out as an Effective Date note under
section 830 of this title.
REPEALS
Pub. L. 96-359, Sec. 8(b), Sept. 26, 1980, 94 Stat. 1194,
repealed section 203(d) of Pub. L. 95-633, which had provided for
the repeal of subsec. (d) of this section effective Jan. 1, 1981.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 844a, 848, 849, 859, 860,
861, 886 of this title; title 16 sections 559c, 559d; title 18
sections 36, 3553, 3599, 3663, 5032, 5038; title 28 section 994;
title 42 section 14052.
-CITE-
21 USC Sec. 842 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part D - Offenses and Penalties
-HEAD-
Sec. 842. Prohibited acts B
-STATUTE-
(a) Unlawful acts
It shall be unlawful for any person -
(1) who is subject to the requirements of part C to distribute
or dispense a controlled substance in violation of section 829 of
this title;
(2) who is a registrant to distribute or dispense a controlled
substance not authorized by his registration to another
registrant or other authorized person or to manufacture a
controlled substance not authorized by his registration;
(3) who is a registrant to distribute a controlled substance in
violation of section 825 of this title;
(4) to remove, alter, or obliterate a symbol or label required
by section 825 of this title;
(5) to refuse or negligently fail to make, keep, or furnish any
record, report, notification, declaration, order or order form,
statement, invoice, or information required under this subchapter
or subchapter II of this chapter;
(6) to refuse any entry into any premises or inspection
authorized by this subchapter or subchapter II of this chapter;
(7) to remove, break, injure, or deface a seal placed upon
controlled substances pursuant to section 824(f) or 881 of this
title or to remove or dispose of substances so placed under seal;
(8) to use, to his own advantage, or to reveal, other than to
duly authorized officers or employees of the United States, or to
the courts when relevant in any judicial proceeding under this
subchapter or subchapter II of this chapter, any information
acquired in the course of an inspection authorized by this
subchapter concerning any method or process which as a trade
secret is entitled to protection, or to use to his own advantage
or reveal (other than as authorized by section 830 of this title)
any information that is confidential under such section;
(9) who is a regulated person to engage in a regulated
transaction without obtaining the identification required by
830(a)(3) of this title;
(10) negligently to fail to keep a record or make a report
under section 830 of this title; or
(11) to distribute a laboratory supply to a person who uses, or
attempts to use, that laboratory supply to manufacture a
controlled substance or a listed chemical, in violation of this
subchapter or subchapter II of this chapter, with reckless
disregard for the illegal uses to which such a laboratory supply
will be put.
As used in paragraph (11), the term "laboratory supply" means a
listed chemical or any chemical, substance, or item on a special
surveillance list published by the Attorney General, which contains
chemicals, products, materials, or equipment used in the
manufacture of controlled substances and listed chemicals. For
purposes of paragraph (11), there is a rebuttable presumption of
reckless disregard at trial if the Attorney General notifies a firm
in writing that a laboratory supply sold by the firm, or any other
person or firm, has been used by a customer of the notified firm,
or distributed further by that customer, for the unlawful
production of controlled substances or listed chemicals a firm
distributes and 2 weeks or more after the notification the notified
firm distributes a laboratory supply to the customer.
(b) Manufacture
It shall be unlawful for any person who is a registrant to
manufacture a controlled substance in schedule I or II which is -
(1) not expressly authorized by his registration and by a quota
assigned to him pursuant to section 826 of this title; or
(2) in excess of a quota assigned to him pursuant to section
826 of this title.
(c) Penalties
(1)(A) Except as provided in subparagraph (B) of this paragraph
and paragraph (2), any person who violates this section shall, with
respect to any such violation, be subject to a civil penalty of not
more than $25,000. The district courts of the United States (or,
where there is no such court in the case of any territory or
possession of the United States, then the court in such territory
or possession having the jurisdiction of a district court of the
United States in cases arising under the Constitution and laws of
the United States) shall have jurisdiction in accordance with
section 1355 of title 28 to enforce this paragraph.
(B) In the case of a violation of paragraph (5) or (10) of
subsection (a) of this section, the civil penalty shall not exceed
$10,000.
(2)(A) If a violation of this section is prosecuted by an
information or indictment which alleges that the violation was
committed knowingly and the trier of fact specifically finds that
the violation was so committed, such person shall, except as
otherwise provided in subparagraph (B) of this paragraph, be
sentenced to imprisonment of not more than one year or a fine of
not more than $25,000, or both.
(B) If a violation referred to in subparagraph (A) was committed
after one or more prior convictions of the offender for an offense
punishable under this paragraph (2), or for a crime under any other
provision of this subchapter or subchapter II of this chapter or
other law of the United States relating to narcotic drugs,
marihuana, or depressant or stimulant substances, have become
final, such person shall be sentenced to a term of imprisonment of
not more than 2 years, a fine of $50,000, or both.
(C) In addition to the penalties set forth elsewhere in this
subchapter or subchapter II of this chapter, any business that
violates paragraph (11) of subsection (a) of this section shall,
with respect to the first such violation, be subject to a civil
penalty of not more than $250,000, but shall not be subject to
criminal penalties under this section, and shall, for any
succeeding violation, be subject to a civil fine of not more than
$250,000 or double the last previously imposed penalty, whichever
is greater.
(3) Except under the conditions specified in paragraph (2) of
this subsection, a violation of this section does not constitute a
crime, and a judgment for the United States and imposition of a
civil penalty pursuant to paragraph (1) shall not give rise to any
disability or legal disadvantage based on conviction for a criminal
offense.
-SOURCE-
(Pub. L. 91-513, title II, Sec. 402, Oct. 27, 1970, 84 Stat. 1262;
Pub. L. 95-633, title II, Sec. 202(b)(1), (2), Nov. 10, 1978, 92
Stat. 3776; Pub. L. 100-690, title VI, Sec. 6056, Nov. 18, 1988,
102 Stat. 4318; Pub. L. 104-237, title II, Sec. 205, Oct. 3, 1996,
110 Stat. 3103; Pub. L. 105-277, div. A, Sec. 101(b) (title I,
Sec. 117), Oct. 21, 1998, 112 Stat. 2681-50, 2681-68.)
-REFTEXT-
REFERENCES IN TEXT
Schedules I and II, referred to in subsec. (b), are set out in
section 812(c) of this title.
-MISC2-
AMENDMENTS
1998 - Subsec. (a)(5). Pub. L. 105-277, Sec. 101(b) (title I,
Sec. 117(1)), inserted "negligently" before "fail".
Subsec. (a)(10). Pub. L. 105-277, Sec. 101(b) (title I, Sec.
117(2)), inserted "negligently" before "to fail".
Subsec. (c)(1). Pub. L. 105-277, Sec. 101(b) (title I, Sec.
117(3)), designated existing provisions as subpar. (A), inserted
"subparagraph (B) of this paragraph and" before "paragraph
(2)", and added subpar. (B).
1996 - Subsec. (a). Pub. L. 104-237, Sec. 205(a), added par. (11)
and closing provisions.
Subsec. (c)(2)(C). Pub. L. 104-237, Sec. 205(b), added subpar.
(C).
1988 - Subsec. (a)(8). Pub. L. 100-690, Sec. 6056(a), inserted
", or to use to his own advantage or reveal (other than as
authorized by section 830 of this title) any information that is
confidential under such section" after "protection".
Subsec. (a)(9). Pub. L. 100-690, Sec. 6056(b), amended par. (9)
generally. Prior to amendment, par. (9) read as follows: "to
distribute or sell piperidine in violation of regulations
established under section 830(a)(2) of this title, respecting
presentation of identification."
Subsec. (a)(10). Pub. L. 100-690, Sec. 6056(d), added par. (10).
Subsec. (c)(2)(C). Pub. L. 100-690, Sec. 6056(c), struck out
subpar. (C) which read as follows: "Subparagraphs (A) and (B)
shall not apply to a violation of subsection (a)(5) of this section
with respect to a refusal or failure to make a report required
under section 830(a) of this title (relating to piperidine
reporting)."
1978 - Subsec. (a)(9). Pub. L. 95-633, Sec. 202(b)(1), added par.
(9).
Subsec. (c)(2)(C). Pub. L. 95-633, Sec. 202(b)(2), added subpar.
(C).
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-690 effective 120 days after Nov. 18,
1988, see section 6061 of Pub. L. 100-690, set out as a note under
section 802 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-633 effective Nov. 10, 1978, see section
203(a) of Pub. L. 95-633 set out as an Effective Date note under
section 830 of this title.
REPEALS
Pub. L. 96-359, Sec. 8(b), Sept. 26, 1980, 94 Stat. 1194,
repealed section 203(d) of Pub. L. 95-633, which had provided for
the repeal of subsecs. (a)(9) and (c)(2)(C) of this section
effective Jan. 1, 1981.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 843, 961 of this title.
-CITE-
21 USC Sec. 843 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part D - Offenses and Penalties
-HEAD-
Sec. 843. Prohibited acts C
-STATUTE-
(a) Unlawful acts
It shall be unlawful for any person knowingly or intentionally -
(1) who is a registrant to distribute a controlled substance
classified in schedule I or II, in the course of his legitimate
business, except pursuant to an order or an order form as
required by section 828 of this title;
(2) to use in the course of the manufacture, distribution, or
dispensing of a controlled substance, or to use for the purpose
of acquiring or obtaining a controlled substance, a registration
number which is fictitious, revoked, suspended, expired, or
issued to another person;
(3) to acquire or obtain possession of a controlled substance
by misrepresentation, fraud, forgery, deception, or subterfuge;
(4)(A) to furnish false or fraudulent material information in,
or omit any material information from, any application, report,
record, or other document required to be made, kept, or filed
under this subchapter or subchapter II of this chapter, or (B) to
present false or fraudulent identification where the person is
receiving or purchasing a listed chemical and the person is
required to present identification under section 830(a) of this
title;
(5) to make, distribute, or possess any punch, die, plate,
stone, or other thing designed to print, imprint, or reproduce
the trademark, trade name, or other identifying mark, imprint, or
device of another or any likeness of any of the foregoing upon
any drug or container or labeling thereof so as to render such
drug a counterfeit substance;
(6) to possess any three-neck round-bottom flask, tableting
machine, encapsulating machine, or gelatin capsule, or any
equipment, chemical, product, or material which may be used to
manufacture a controlled substance or listed chemical, knowing,
intending, or having reasonable cause to believe, that it will be
used to manufacture a controlled substance or listed chemical in
violation of this subchapter or subchapter II of this chapter;
(7) to manufacture, distribute, export, or import any
three-neck round-bottom flask, tableting machine, encapsulating
machine, or gelatin capsule, or any equipment, chemical, product,
or material which may be used to manufacture a controlled
substance or listed chemical, knowing, intending, or having
reasonable cause to believe, that it will be used to manufacture
a controlled substance or listed chemical in violation of this
subchapter or subchapter II of this chapter or, in the case of an
exportation, in violation of this subchapter or subchapter II of
this chapter or of the laws of the country to which it is
exported;
(8) to create a chemical mixture for the purpose of evading a
requirement of section 830 of this title or to receive a chemical
mixture created for that purpose; or
(9) to distribute, import, or export a list I chemical without
the registration required by this subchapter or subchapter II of
this chapter.
(b) Communication facility
It shall be unlawful for any person knowingly or intentionally to
use any communication facility in committing or in causing or
facilitating the commission of any act or acts constituting a
felony under any provision of this subchapter or subchapter II of
this chapter. Each separate use of a communication facility shall
be a separate offense under this subsection. For purposes of this
subsection, the term "communication facility" means any and all
public and private instrumentalities used or useful in the
transmission of writing, signs, signals, pictures, or sounds of all
kinds and includes mail, telephone, wire, radio, and all other
means of communication.
(c) Advertisement
It shall be unlawful for any person to place in any newspaper,
magazine, handbill, or other publications, any written
advertisement knowing that it has the purpose of seeking or
offering illegally to receive, buy, or distribute a Schedule
(FOOTNOTE 1) I controlled substance. As used in this section the
term "advertisement" includes, in addition to its ordinary
meaning, such advertisements as those for a catalog of Schedule
(FOOTNOTE 1) I controlled substances and any similar written
advertisement that has the purpose of seeking or offering illegally
to receive, buy, or distribute a Schedule (FOOTNOTE 1) I controlled
substance. The term "advertisement" does not include material
which merely advocates the use of a similar material, which
advocates a position or practice, and does not attempt to propose
or facilitate an actual transaction in a Schedule (FOOTNOTE 1) I
controlled substance.
(FOOTNOTE 1) So in original. Probably should not be
capitalized.
(d) Penalties
(1) Except as provided in paragraph (2), any person who violates
this section shall be sentenced to a term of imprisonment of not
more than 4 years, a fine of not more than $30,000, or both; except
that if any person commits such a violation after one or more prior
convictions of him for violation of this section, or for a felony
under any other provision of this subchapter or subchapter II of
this chapter or other law of the United States relating to narcotic
drugs, marihuana, or depressant or stimulant substances, have
become final, such person shall be sentenced to a term of
imprisonment of not more than 8 years, a fine of not more than
$60,000, or both.
(2) Any person who, with the intent to manufacture or to
facilitate the manufacture of methamphetamine, violates paragraph
(6) or (7) of subsection (a) of this section, shall be sentenced to
a term of imprisonment of not more than 10 years, a fine of not
more than $30,000, or both; except that if any person commits such
a violation after one or more prior convictions of that person -
(A) for a violation of paragraph (6) or (7) of subsection (a)
of this section;
(B) for a felony under any other provision of this subchapter
or subchapter II of this chapter; or
(C) under any other law of the United States or any State
relating to controlled substances or listed chemicals,
has become final, such person shall be sentenced to a term of
imprisonment of not more than 20 years, a fine of not more than
$60,000, or both.
(e) Additional penalties
In addition to any other applicable penalty, any person convicted
of a felony violation of this section relating to the receipt,
distribution, manufacture, exportation, or importation of a listed
chemical may be enjoined from engaging in any transaction involving
a listed chemical for not more than ten years.
(f) Injunctions
(1) In addition to any penalty provided in this section, the
Attorney General is authorized to commence a civil action for
appropriate declaratory or injunctive relief relating to violations
of this section or section 842 of this title.
(2) Any action under this subsection may be brought in the
district court of the United States for the district in which the
defendant is located or resides or is doing business.
(3) Any order or judgment issued by the court pursuant to this
subsection shall be tailored to restrain violations of this section
or section 842 of this title.
(4) The court shall proceed as soon as practicable to the hearing
and determination of such an action. An action under this
subsection is governed by the Federal Rules of Civil Procedure
except that, if an indictment has been returned against the
respondent, discovery is governed by the Federal Rules of Criminal
Procedure.
-SOURCE-
(Pub. L. 91-513, title II, Sec. 403, Oct. 27, 1970, 84 Stat. 1263;
Pub. L. 95-633, title II, Sec. 202(b)(3), Nov. 10, 1978, 92 Stat.
3776; Pub. L. 98-473, title II, Sec. 516, Oct. 12, 1984, 98 Stat.
2074; Pub. L. 99-570, title I, Sec. 1866(a), Oct. 27, 1986, 100
Stat. 3207-54; Pub. L. 100-690, title VI, Sec. 6057, Nov. 18, 1988,
102 Stat. 4319; Pub. L. 103-200, Sec. 3(g), Dec. 17, 1993, 107
Stat. 2337; Pub. L. 103-322, title IX, Sec. 90106, Sept. 13, 1994,
108 Stat. 1988; Pub. L. 104-237, title II, Sec. 203(a), 206(b),
Oct. 3, 1996, 110 Stat. 3102, 3103.)
-REFTEXT-
REFERENCES IN TEXT
Schedules I and II, referred to in subsecs. (a)(1) and (c), are
set out in section 812(c) of this title.
The Federal Rules of Civil Procedure, referred to in subsec.
(f)(4), are set out in the Appendix to Title 28, Judiciary and
Judicial Procedure.
The Federal Rules of Criminal Procedure, referred to in subsec.
(f)(4), are set out in the Appendix to Title 18, Crimes and
Criminal Procedure.
-MISC2-
AMENDMENTS
1996 - Subsec. (d). Pub. L. 104-237, Sec. 203(a), inserted par.
(1) designation, substituted "Except as provided in paragraph (2),
any person" for "Any person", and added par. (2).
Subsec. (e). Pub. L. 104-237, Sec. 206(b)(1), inserted
"manufacture, exportation," after "distribution," and struck
out "regulated" after "engaging in any".
Subsec. (f). Pub. L. 104-237, Sec. 206(b)(2), added subsec. (f).
1994 - Subsecs. (c) to (e). Pub. L. 103-322 added subsec. (c) and
redesignated former subsecs. (c) and (d) as (d) and (e),
respectively.
1993 - Subsec. (a)(6), (7). Pub. L. 103-200, Sec. 3(g)(1),
amended pars. (6) and (7) generally. Prior to amendment, pars. (6)
and (7) read as follows:
"(6) to possess any three-neck round-bottom flask, tableting
machine, encapsulating machine, gelatin capsule, or equipment
specially designed or modified to manufacture a controlled
substance, with intent to manufacture a controlled substance except
as authorized by this subchapter;
"(7) to manufacture, distribute, or import any three-neck
round-bottom flask, tableting machine, encapsulating machine,
gelatin capsule, or equipment specially designed or modified to
manufacture a controlled substance, knowing that it will be used to
manufacture a controlled substance except as authorized by this
subchapter; or".
Subsec. (a)(9). Pub. L. 103-200, Sec. 3(g)(2), (3), added par.
(9).
1988 - Subsec. (a)(4)(B). Pub. L. 100-690, Sec. 6057(a)(1),
substituted "a listed chemical" for "piperidine".
Subsec. (a)(6) to (8). Pub. L. 100-690, Sec. 6057(a)(2)-(4),
added pars. (6) to (8).
Subsec. (d). Pub. L. 100-690, Sec. 6057(b), added subsec. (d).
1986 - Subsec. (a)(2). Pub. L. 99-570 substituted a semicolon for
the period at end.
1984 - Subsec. (a)(2). Pub. L. 98-473 added applicability to
dispensing, acquiring, or obtaining a controlled substance, and
applicability to an expired number.
1978 - Subsec. (a)(4). Pub. L. 95-633, Sec. 202(b)(3), designated
existing provisions as subpar. (A) and added subpar. (B).
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103-200 effective on date that is 120 days
after Dec. 17, 1993, see section 11 of Pub. L. 103-200, set out as
a note under section 802 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-690 effective 120 days after Nov. 18,
1988, see section 6061 of Pub. L. 100-690, set out as a note under
section 802 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-633 effective Nov. 10, 1978, except as
otherwise provided, see section 203(a) of Pub. L. 95-633, set out
as an Effective Date note under section 830 of this title.
REPEALS
Pub. L. 96-359, Sec. 8(b), Sept. 26, 1980, 94 Stat. 1194,
repealed section 203(d) of Pub. L. 95-633, which had provided for
the repeal of subsec. (a)(4)(B) of this section effective Jan. 1,
1981.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 864 of this title.
-CITE-
21 USC Sec. 844 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part D - Offenses and Penalties
-HEAD-
Sec. 844. Penalties for simple possession
-STATUTE-
(a) Unlawful acts; penalties
It shall be unlawful for any person knowingly or intentionally to
possess a controlled substance unless such substance was obtained
directly, or pursuant to a valid prescription or order, from a
practitioner, while acting in the course of his professional
practice, or except as otherwise authorized by this subchapter or
subchapter II of this chapter. It shall be unlawful for any person
knowingly or intentionally to possess any list I chemical obtained
pursuant to or under authority of a registration issued to that
person under section 823 of this title or section 958 of this title
if that registration has been revoked or suspended, if that
registration has expired, or if the registrant has ceased to do
business in the manner contemplated by his registration. Any
person who violates this subsection may be sentenced to a term of
imprisonment of not more than 1 year, and shall be fined a minimum
of $1,000, or both, except that if he commits such offense after a
prior conviction under this subchapter or subchapter II of this
chapter, or a prior conviction for any drug, narcotic, or chemical
offense chargeable under the law of any State, has become final, he
shall be sentenced to a term of imprisonment for not less than 15
days but not more than 2 years, and shall be fined a minimum of
$2,500, except, further, that if he commits such offense after two
or more prior convictions under this subchapter or subchapter II of
this chapter, or two or more prior convictions for any drug,
narcotic, or chemical offense chargeable under the law of any
State, or a combination of two or more such offenses have become
final, he shall be sentenced to a term of imprisonment for not less
than 90 days but not more than 3 years, and shall be fined a
minimum of $5,000. Notwithstanding the preceding sentence, a person
convicted under this subsection for the possession of a mixture or
substance which contains cocaine base shall be imprisoned not less
than 5 years and not more than 20 years, and fined a minimum of
$1,000, if the conviction is a first conviction under this
subsection and the amount of the mixture or substance exceeds 5
grams, if the conviction is after a prior conviction for the
possession of such a mixture or substance under this subsection
becomes final and the amount of the mixture or substance exceeds 3
grams, or if the conviction is after 2 or more prior convictions
for the possession of such a mixture or substance under this
subsection become final and the amount of the mixture or substance
exceeds 1 gram. Notwithstanding any penalty provided in this
subsection, any person convicted under this subsection for the
possession of flunitrazepam shall be imprisoned for not more than 3
years, shall be fined as otherwise provided in this section, or
both. The imposition or execution of a minimum sentence required
to be imposed under this subsection shall not be suspended or
deferred. Further, upon conviction, a person who violates this
subsection shall be fined the reasonable costs of the investigation
and prosecution of the offense, including the costs of prosecution
of an offense as defined in sections 1918 and 1920 of title 28,
except that this sentence shall not apply and a fine under this
section need not be imposed if the court determines under the
provision of title 18 that the defendant lacks the ability to pay.
(b) Repealed. Pub. L. 98-473, title II, Sec. 219(a), Oct. 12, 1984,
98 Stat. 2027
(c) "Drug, narcotic, or chemical offense" defined
As used in this section, the term "drug, narcotic, or chemical
offense" means any offense which proscribes the possession,
distribution, manufacture, cultivation, sale, transfer, or the
attempt or conspiracy to possess, distribute, manufacture,
cultivate, sell or transfer any substance the possession of which
is prohibited under this subchapter.
-SOURCE-
(Pub. L. 91-513, title II, Sec. 404, Oct. 27, 1970, 84 Stat. 1264;
Pub. L. 98-473, title II, Sec. 219, Oct. 12, 1984, 98 Stat. 2027;
Pub. L. 99-570, title I, Sec. 1052, Oct. 27, 1986, 100 Stat.
3207-8; Pub. L. 100-690, title VI, Sec. 6371, 6480, Nov. 18, 1988,
102 Stat. 4370, 4382; Pub. L. 101-647, title XII, Sec. 1201, title
XIX, Sec. 1907, Nov. 29, 1990, 104 Stat. 4829, 4854; Pub. L.
104-237, title II, Sec. 201(a), Oct. 3, 1996, 110 Stat. 3101; Pub.
L. 104-305, Sec. 2(c), Oct. 13, 1996, 110 Stat. 3808.)
-MISC1-
AMENDMENTS
1996 - Subsec. (a). Pub. L. 104-305 inserted "Notwithstanding
any penalty provided in this subsection, any person convicted under
this subsection for the possession of flunitrazepam shall be
imprisoned for not more than 3 years, shall be fined as otherwise
provided in this section, or both." after "mixture or substance
exceeds 1 gram."
Pub. L. 104-237, Sec. 201(a)(1), inserted after first sentence
"It shall be unlawful for any person knowingly or intentionally to
possess any list I chemical obtained pursuant to or under authority
of a registration issued to that person under section 823 of this
title or section 958 of this title if that registration has been
revoked or suspended, if that registration has expired, or if the
registrant has ceased to do business in the manner contemplated by
his registration." and substituted "drug, narcotic, or chemical"
for "drug or narcotic" in two places.
Subsec. (c). Pub. L. 104-237, Sec. 201(a)(2), substituted "drug,
narcotic, or chemical" for "drug or narcotic".
1990 - Subsec. (a). Pub. L. 101-647, Sec. 1907, inserted subsec.
(a) designation.
Pub. L. 101-647, Sec. 1201, substituted "shall be imprisoned not
less than 5 years and not more than 20 years, and fined a minimum
of $1,000" for "shall be fined under title 18 or imprisoned not
less than 5 years and not more than 20 years, or both".
1988 - Subsec. (a). Pub. L. 100-690, Sec. 6480(1)(A)-(C), struck
out "but not more than $5,000" after "$1,000", "but not more
than $10,000" after "$2,500", and "but not more than $25,000"
after "$5,000" in second sentence.
Pub. L. 100-690, Sec. 6371, inserted provisions relating to
increased penalties in cases of certain serious crack possession
offenses, making offenders subject to fines under title 18 or
imprisonment to terms not less than 5 years nor more than 20 years,
or both.
1986 - Subsec. (a). Pub. L. 99-570 amended subsec. (a)
generally. Prior to amendment, subsec. (a) read as follows: "It
shall be unlawful for any person knowingly or intentionally to
possess a controlled substance unless such substance was obtained
directly, or pursuant to a valid prescription or order, from a
practitioner, while acting in the course of his professional
practice, or except as otherwise authorized by this subchapter or
subchapter II of this chapter. Any person who violates this
subsection shall be sentenced to a term of imprisonment of not more
than one year, a fine of not more than $5,000, or both, except that
if he commits such offense after a prior conviction or convictions
under this subsection have become final, he shall be sentenced to a
term of imprisonment of not more than 2 years, a fine of not more
than $10,000 or both."
Subsec. (b). Pub. L. 99-570, in amending subsec. (b) generally,
substituted "Upon the discharge of such person and dismissal of
the proceedings" for "Upon the dismissal of such person and
discharge of the proceedings" in par. (2).
Subsec. (c). Pub. L. 99-570, in amending section generally, added
subsec. (c).
1984 - Pub. L. 98-473 struck out subsec. (a) designation and
struck out subsec. (b) which related to probation before judgment
and expunging of records for first offense.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and
applicable only to offenses committed after the taking effect of
such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as
an Effective Date note under section 3551 of Title 18, Crimes and
Criminal Procedure.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 841, 844a, 885 of this
title; title 18 sections 3553, 3607; title 42 section 14052.
-CITE-
21 USC Sec. 844a 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part D - Offenses and Penalties
-HEAD-
Sec. 844a. Civil penalty for possession of small amounts of certain
controlled substances
-STATUTE-
(a) In general
Any individual who knowingly possesses a controlled substance
that is listed in section 841(b)(1)(A) of this title in violation
of section 844 of this title in an amount that, as specified by
regulation of the Attorney General, is a personal use amount shall
be liable to the United States for a civil penalty in an amount not
to exceed $10,000 for each such violation.
(b) Income and net assets
The income and net assets of an individual shall not be relevant
to the determination whether to assess a civil penalty under this
section or to prosecute the individual criminally. However, in
determining the amount of a penalty under this section, the income
and net assets of an individual shall be considered.
(c) Prior conviction
A civil penalty may not be assessed under this section if the
individual previously was convicted of a Federal or State offense
relating to a controlled substance.
(d) Limitation on number of assessments
A civil penalty may not be assessed on an individual under this
section on more than two separate occasions.
(e) Assessment
A civil penalty under this section may be assessed by the
Attorney General only by an order made on the record after
opportunity for a hearing in accordance with section 554 of title
5. The Attorney General shall provide written notice to the
individual who is the subject of the proposed order informing the
individual of the opportunity to receive such a hearing with
respect to the proposed order. The hearing may be held only if the
individual makes a request for the hearing before the expiration of
the 30-day period beginning on the date such notice is issued.
(f) Compromise
The Attorney General may compromise, modify, or remit, with or
without conditions, any civil penalty imposed under this section.
(g) Judicial review
If the Attorney General issues an order pursuant to subsection
(e) of this section after a hearing described in such subsection,
the individual who is the subject of the order may, before the
expiration of the 30-day period beginning on the date the order is
issued, bring a civil action in the appropriate district court of
the United States. In such action, the law and the facts of the
violation and the assessment of the civil penalty shall be
determined de novo, and shall include the right of a trial by jury,
the right to counsel, and the right to confront witnesses. The
facts of the violation shall be proved beyond a reasonable doubt.
(h) Civil action
If an individual does not request a hearing pursuant to
subsection (e) of this section and the Attorney General issues an
order pursuant to such subsection, or if an individual does not
under subsection (g) of this section seek judicial review of such
an order, the Attorney General may commence a civil action in any
appropriate district court of the United States for the purpose of
recovering the amount assessed and an amount representing interest
at a rate computed in accordance with section 1961 of title 28.
Such interest shall accrue from the expiration of the 30-day period
described in subsection (g) of this section. In such an action,
the decision of the Attorney General to issue the order, and the
amount of the penalty assessed by the Attorney General, shall not
be subject to review.
(i) Limitation
The Attorney General may not under this subsection (FOOTNOTE 1)
commence proceeding against an individual after the expiration of
the 5-year period beginning on the date on which the individual
allegedly violated subsection (a) of this section.
(FOOTNOTE 1) So in original. Probably should be "section".
(j) Expungement procedures
The Attorney General shall dismiss the proceedings under this
section against an individual upon application of such individual
at any time after the expiration of 3 years if -
(1) the individual has not previously been assessed a civil
penalty under this section;
(2) the individual has paid the assessment;
(3) the individual has complied with any conditions imposed by
the Attorney General;
(4) the individual has not been convicted of a Federal or State
offense relating to a controlled substance; and
(5) the individual agrees to submit to a drug test, and such
test shows the individual to be drug free.
A nonpublic record of a disposition under this subsection shall be
retained by the Department of Justice solely for the purpose of
determining in any subsequent proceeding whether the person
qualified for a civil penalty or expungement under this section.
If a record is expunged under this subsection, an individual
concerning whom such an expungement has been made shall not be held
thereafter under any provision of law to be guilty of perjury,
false swearing, or making a false statement by reason of his
failure to recite or acknowledge a proceeding under this section or
the results thereof in response to an inquiry made of him for any
purpose.
-SOURCE-
(Pub. L. 91-513, title II, Sec. 405, formerly Pub. L. 100-690,
title VI, Sec. 6486, Nov. 18, 1988, 102 Stat. 4384, renumbered Sec.
405 of Pub. L. 91-513, and amended Pub. L. 101-647, title X, Sec.
1002(g)(1), (2), Nov. 29, 1990, 104 Stat. 4828.)
-MISC1-
PRIOR PROVISIONS
A prior section 405 of Pub. L. 91-513 was renumbered section 418
and is classified to section 859 of this title.
AMENDMENTS
1990 - Subsec. (a). Pub. L. 101-647, Sec. 1002(g)(2)(A), made
technical amendments to references to sections 841(b)(1)(A) and 844
of this title to correct references to corresponding provisions of
original act.
Subsecs. (c), (j)(4). Pub. L. 101-647, Sec. 1002(g)(2)(B), (C),
struck out "as defined in section 802 of this title" after
"controlled substance".
-CITE-
21 USC Sec. 845 to 845b 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part D - Offenses and Penalties
-HEAD-
Sec. 845 to 845b. Transferred
-COD-
CODIFICATION
Section 845, Pub. L. 91-513, title II, Sec. 405, Oct. 27, 1970,
84 Stat. 1265, as amended, which related to distribution of
controlled substances to persons under age twenty-one, was
renumbered Sec. 418 of Pub. L. 91-513 by Pub. L. 101-647, title X,
Sec. 1002(a)(1), Nov. 29, 1990, 104 Stat. 4827, and transferred to
section 859 of this title.
Section 845a, Pub. L. 91-513, title II, Sec. 405A, as added Pub.
L. 98-473, title II, Sec. 503(a), Oct. 12, 1984, 98 Stat. 2069, and
amended, which related to distribution or manufacturing of
controlled substances in or near schools and colleges, was
renumbered Sec. 419 of Pub. L. 91-513 by Pub. L. 101-647, title X,
Sec. 1002(b), Nov. 29, 1990, 104 Stat. 4827, and transferred to
section 860 of this title.
Section 845b, Pub. L. 91-513, title II, Sec. 405B, as added Pub.
L. 99-570, title I, Sec. 1102, Oct. 27, 1986, 100 Stat. 3207-10,
and amended, which related to employment or use of persons under 18
years of age in drug operations, was renumbered Sec. 420 of Pub. L.
91-513 by Pub. L. 101-647, title X, Sec. 1002(c), Nov. 29, 1990,
104 Stat. 4827, and transferred to section 861 of this title.
-CITE-
21 USC Sec. 846 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part D - Offenses and Penalties
-HEAD-
Sec. 846. Attempt and conspiracy
-STATUTE-
Any person who attempts or conspires to commit any offense
defined in this subchapter shall be subject to the same penalties
as those prescribed for the offense, the commission of which was
the object of the attempt or conspiracy.
-SOURCE-
(Pub. L. 91-513, title II, Sec. 406, Oct. 27, 1970, 84 Stat. 1265;
Pub. L. 100-690, title VI, Sec. 6470(a), Nov. 18, 1988, 102 Stat.
4377.)
-MISC1-
AMENDMENTS
1988 - Pub. L. 100-690 substituted "shall be subject to the same
penalties as those prescribed for the offense" for "is punishable
by imprisonment or fine or both which may not exceed the maximum
punishment prescribed for the offense".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 18 sections 36, 3553.
-CITE-
21 USC Sec. 847 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part D - Offenses and Penalties
-HEAD-
Sec. 847. Additional penalties
-STATUTE-
Any penalty imposed for violation of this subchapter shall be in
addition to, and not in lieu of, any civil or administrative
penalty or sanction authorized by law.
-SOURCE-
(Pub. L. 91-513, title II, Sec. 407, Oct. 27, 1970, 84 Stat. 1265.)
-CITE-
21 USC Sec. 848 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part D - Offenses and Penalties
-HEAD-
Sec. 848. Continuing criminal enterprise
-STATUTE-
(a) Penalties; forfeitures
Any person who engages in a continuing criminal enterprise shall
be sentenced to a term of imprisonment which may not be less than
20 years and which may be up to life imprisonment, to a fine not to
exceed the greater of that authorized in accordance with the
provisions of title 18 or $2,000,000 if the defendant is an
individual or $5,000,000 if the defendant is other than an
individual, and to the forfeiture prescribed in section 853 of this
title; except that if any person engages in such activity after one
or more prior convictions of him under this section have become
final, he shall be sentenced to a term of imprisonment which may
not be less than 30 years and which may be up to life imprisonment,
to a fine not to exceed the greater of twice the amount authorized
in accordance with the provisions of title 18 or $4,000,000 if the
defendant is an individual or $10,000,000 if the defendant is other
than an individual, and to the forfeiture prescribed in section 853
of this title.
(b) Life imprisonment for engaging in continuing criminal
enterprise
Any person who engages in a continuing criminal enterprise shall
be imprisoned for life and fined in accordance with subsection (a)
of this section, if -
(1) such person is the principal administrator, organizer, or
leader of the enterprise or is one of several such principal
administrators, organizers, or leaders; and
(2)(A) the violation referred to in subsection (c)(1) of this
section involved at least 300 times the quantity of a substance
described in subsection 841(b)(1)(B) of this title, or
(B) the enterprise, or any other enterprise in which the
defendant was the principal or one of several principal
administrators, organizers, or leaders, received $10 million
dollars in gross receipts during any twelve-month period of its
existence for the manufacture, importation, or distribution of a
substance described in section 841(b)(1)(B) of this title.
(c) "Continuing criminal enterprise" defined
For purposes of subsection (a) of this section, a person is
engaged in a continuing criminal enterprise if -
(1) he violates any provision of this subchapter or subchapter
II of this chapter the punishment for which is a felony, and
(2) such violation is a part of a continuing series of
violations of this subchapter or subchapter II of this chapter -
(A) which are undertaken by such person in concert with five
or more other persons with respect to whom such person occupies
a position of organizer, a supervisory position, or any other
position of management, and
(B) from which such person obtains substantial income or
resources.
(d) Suspension of sentence and probation prohibited
In the case of any sentence imposed under this section,
imposition or execution of such sentence shall not be suspended,
probation shall not be granted, and the Act of July 15, 1932 (D.C.
Code, secs. 24-203 - 24-207), shall not apply.
(e) Death penalty
(1) In addition to the other penalties set forth in this section
-
(A) any person engaging in or working in furtherance of a
continuing criminal enterprise, or any person engaging in an
offense punishable under section 841(b)(1)(A) of this title or
section 960(b)(1) of this title who intentionally kills or
counsels, commands, induces, procures, or causes the intentional
killing of an individual and such killing results, shall be
sentenced to any term of imprisonment, which shall not be less
than 20 years, and which may be up to life imprisonment, or may
be sentenced to death; and
(B) any person, during the commission of, in furtherance of, or
while attempting to avoid apprehension, prosecution or service of
a prison sentence for, a felony violation of this subchapter or
subchapter II of this chapter who intentionally kills or
counsels, commands, induces, procures, or causes the intentional
killing of any Federal, State, or local law enforcement officer
engaged in, or on account of, the performance of such officer's
official duties and such killing results, shall be sentenced to
any term of imprisonment, which shall not be less than 20 years,
and which may be up to life imprisonment, or may be sentenced to
death.
(2) As used in paragraph (1)(b), (FOOTNOTE 1) the term "law
enforcement officer" means a public servant authorized by law or
by a Government agency or Congress to conduct or engage in the
prevention, investigation, prosecution or adjudication of an
offense, and includes those engaged in corrections, probation, or
parole functions.
(FOOTNOTE 1) So in original. Probably should be paragraph
"(1)(B),".
(g) (FOOTNOTE 2) Hearing required with respect to death penalty
(FOOTNOTE 2) So in original. Section does not contain a subsec.
(f), see 1988 Amendment note below.
A person shall be subjected to the penalty of death for any
offense under this section only if a hearing is held in accordance
with this section.
(h) Notice by Government in death penalty cases
(1) Whenever the Government intends to seek the death penalty for
an offense under this section for which one of the sentences
provided is death, the attorney for the Government, a reasonable
time before trial or acceptance by the court of a plea of guilty,
shall sign and file with the court, and serve upon the defendant, a
notice -
(A) that the Government in the event of conviction will seek
the sentence of death; and
(B) setting forth the aggravating factors enumerated in
subsection (n) of this section and any other aggravating factors
which the Government will seek to prove as the basis for the
death penalty.
(2) The court may permit the attorney for the Government to amend
this notice for good cause shown.
(i) Hearing before court or jury
(1) When the attorney for the Government has filed a notice as
required under subsection (h) of this section and the defendant is
found guilty of or pleads guilty to an offense under subsection (e)
of this section, the judge who presided at the trial or before whom
the guilty plea was entered, or any other judge if the judge who
presided at the trial or before whom the guilty plea was entered is
unavailable, shall conduct a separate sentencing hearing to
determine the punishment to be imposed. The hearing shall be
conducted -
(A) before the jury which determined the defendant's guilt;
(B) before a jury impaneled for the purpose of the hearing if -
(i) the defendant was convicted upon a plea of guilty;
(ii) the defendant was convicted after a trial before the
court sitting without a jury;
(iii) the jury which determined the defendant's guilt has
been discharged for good cause; or
(iv) after initial imposition of a sentence under this
section, redetermination of the sentence under this section is
necessary; or
(C) before the court alone, upon the motion of the defendant
and with the approval of the Government.
(2) A jury impaneled under paragraph (1)(B) shall consist of 12
members, unless, at any time before the conclusion of the hearing,
the parties stipulate with the approval of the court that it shall
consist of any number less than 12.
(j) Proof of aggravating and mitigating factors
Notwithstanding rule 32(c) of the Federal Rules of Criminal
Procedure, when a defendant is found guilty of or pleads guilty to
an offense under subsection (e) of this section, no presentence
report shall be prepared. In the sentencing hearing, information
may be presented as to matters relating to any of the aggravating
or mitigating factors set forth in subsections (m) and (n) of this
section, or any other mitigating factor or any other aggravating
factor for which notice has been provided under subsection
(h)(1)(B) of this section. Where information is presented relating
to any of the aggravating factors set forth in subsection (n) of
this section, information may be presented relating to any other
aggravating factor for which notice has been provided under
subsection (h)(1)(B) of this section. Information presented may
include the trial transcript and exhibits if the hearing is held
before a jury or judge not present during the trial, or at the
trial judge's discretion. Any other information relevant to such
mitigating or aggravating factors may be presented by either the
Government or the defendant, regardless of its admissibility under
the rules governing admission of evidence at criminal trials,
except that information may be excluded if its probative value is
substantially outweighed by the danger of unfair prejudice,
confusion of the issues, or misleading the jury. The Government
and the defendant shall be permitted to rebut any information
received at the hearing and shall be given fair opportunity to
present argument as to the adequacy of the information to establish
the existence of any of the aggravating or mitigating factors and
as to appropriateness in that case of imposing a sentence of
death. The Government shall open the argument. The defendant
shall be permitted to reply. The Government shall then be
permitted to reply in rebuttal. The burden of establishing the
existence of any aggravating factor is on the Government, and is
not satisfied unless established beyond a reasonable doubt. The
burden of establishing the existence of any mitigating factor is on
the defendant, and is not satisfied unless established by a
preponderance of the evidence.
(k) Return of findings
The jury, or if there is no jury, the court, shall consider all
the information received during the hearing. It shall return
special findings identifying any aggravating factors set forth in
subsection (n) of this section, found to exist. If one of the
aggravating factors set forth in subsection (n)(1) of this section
and another of the aggravating factors set forth in paragraphs (2)
through (12) of subsection (n) of this section is found to exist, a
special finding identifying any other aggravating factor for which
notice has been provided under subsection (h)(1)(B) of this
section, may be returned. A finding with respect to a mitigating
factor may be made by one or more of the members of the jury, and
any member of the jury who finds the existence of a mitigating
factor may consider such a factor established for purposes of this
subsection, regardless of the number of jurors who concur that the
factor has been established. A finding with respect to any
aggravating factor must be unanimous. If an aggravating factor set
forth in subsection (n)(1) of this section is not found to exist or
an aggravating factor set forth in subsection (n)(1) of this
section is found to exist but no other aggravating factor set forth
in subsection (n) of this section is found to exist, the court
shall impose a sentence, other than death, authorized by law. If
an aggravating factor set forth in subsection (n)(1) of this
section and one or more of the other aggravating factors set forth
in subsection (n) of this section are found to exist, the jury, or
if there is no jury, the court, shall then consider whether the
aggravating factors found to exist sufficiently outweigh any
mitigating factor or factors found to exist, or in the absence of
mitigating factors, whether the aggravating factors are themselves
sufficient to justify a sentence of death. Based upon this
consideration, the jury by unanimous vote, or if there is no jury,
the court, shall recommend that a sentence of death shall be
imposed rather than a sentence of life imprisonment without
possibility of release or some other lesser sentence. The jury or
the court, regardless of its findings with respect to aggravating
and mitigating factors, is never required to impose a death
sentence and the jury shall be so instructed.
(l) Imposition of sentence
Upon the recommendation that the sentence of death be imposed,
the court shall sentence the defendant to death. Otherwise the
court shall impose a sentence, other than death, authorized by
law. A sentence of death shall not be carried out upon a person
who is under 18 years of age at the time the crime was committed.
A sentence of death shall not be carried out upon a person who is
mentally retarded. A sentence of death shall not be carried out
upon a person who, as a result of mental disability -
(1) cannot understand the nature of the pending proceedings,
what such person was tried for, the reason for the punishment, or
the nature of the punishment; or
(2) lacks the capacity to recognize or understand facts which
would make the punishment unjust or unlawful, or lacks the
ability to convey such information to counsel or to the court.
(m) Mitigating factors
In determining whether a sentence of death is to be imposed on a
defendant, the finder of fact shall consider mitigating factors,
including the following:
(1) The defendant's capacity to appreciate the wrongfulness of
the defendant's conduct or to conform conduct to the requirements
of law was significantly impaired, regardless of whether the
capacity was so impaired as to constitute a defense to the
charge.
(2) The defendant was under unusual and substantial duress,
regardless of whether the duress was of such a degree as to
constitute a defense to the charge.
(3) The defendant is punishable as a principal (as defined in
section 2 of title 18) in the offense, which was committed by
another, but the defendant's participation was relatively minor,
regardless of whether the participation was so minor as to
constitute a defense to the charge.
(4) The defendant could not reasonably have foreseen that the
defendant's conduct in the course of the commission of murder, or
other offense resulting in death for which the defendant was
convicted, would cause, or would create a grave risk of causing,
death to any person.
(5) The defendant was youthful, although not under the age of
18.
(6) The defendant did not have a significant prior criminal
record.
(7) The defendant committed the offense under severe mental or
emotional disturbance.
(8) Another defendant or defendants, equally culpable in the
crime, will not be punished by death.
(9) The victim consented to the criminal conduct that resulted
in the victim's death.
(10) That other factors in the defendant's background or
character mitigate against imposition of the death sentence.
(n) Aggravating factors for homicide
If the defendant is found guilty of or pleads guilty to an
offense under subsection (e) of this section, the following
aggravating factors are the only aggravating factors that shall be
considered, unless notice of additional aggravating factors is
provided under subsection (h)(1)(B) of this section:
(1) The defendant -
(A) intentionally killed the victim;
(B) intentionally inflicted serious bodily injury which
resulted in the death of the victim;
(C) intentionally engaged in conduct intending that the
victim be killed or that lethal force be employed against the
victim, which resulted in the death of the victim;
(D) intentionally engaged in conduct which -
(i) the defendant knew would create a grave risk of death
to a person, other than one of the participants in the
offense; and
(ii) resulted in the death of the victim.
(2) The defendant has been convicted of another Federal
offense, or a State offense resulting in the death of a person,
for which a sentence of life imprisonment or a sentence of death
was authorized by statute.
(3) The defendant has previously been convicted of two or more
State or Federal offenses punishable by a term of imprisonment of
more than one year, committed on different occasions, involving
the infliction of, or attempted infliction of, serious bodily
injury upon another person.
(4) The defendant has previously been convicted of two or more
State or Federal offenses punishable by a term of imprisonment of
more than one year, committed on different occasions, involving
the distribution of a controlled substance.
(5) In the commission of the offense or in escaping
apprehension for a violation of subsection (e) of this section,
the defendant knowingly created a grave risk of death to one or
more persons in addition to the victims of the offense.
(6) The defendant procured the commission of the offense by
payment, or promise of payment, of anything of pecuniary value.
(7) The defendant committed the offense as consideration for
the receipt, or in the expectation of the receipt, of anything of
pecuniary value.
(8) The defendant committed the offense after substantial
planning and premeditation.
(9) The victim was particularly vulnerable due to old age,
youth, or infirmity.
(10) The defendant had previously been convicted of violating
this subchapter or subchapter II of this chapter for which a
sentence of five or more years may be imposed or had previously
been convicted of engaging in a continuing criminal enterprise.
(11) The violation of this subchapter in relation to which the
conduct described in subsection (e) of this section occurred was
a violation of section 859 of this title.
(12) The defendant committed the offense in an especially
heinous, cruel, or depraved manner in that it involved torture or
serious physical abuse to the victim.
(o) Right of defendant to justice without discrimination
(1) In any hearing held before a jury under this section, the
court shall instruct the jury that in its consideration of whether
the sentence of death is justified it shall not consider the race,
color, religious beliefs, national origin, or sex of the defendant
or the victim, and that the jury is not to recommend a sentence of
death unless it has concluded that it would recommend a sentence of
death for the crime in question no matter what the race, color,
religious beliefs, national origin, or sex of the defendant, or the
victim, may be. The jury shall return to the court a certificate
signed by each juror that consideration of the race, color,
religious beliefs, national origin, or sex of the defendant or the
victim was not involved in reaching his or her individual decision,
and that the individual juror would have made the same
recommendation regarding a sentence for the crime in question no
matter what the race, color, religious beliefs, national origin, or
sex of the defendant, or the victim, may be.
(2) Not later than one year from November 18, 1988, the
Comptroller General shall conduct a study of the various procedures
used by the several States for determining whether or not to impose
the death penalty in particular cases, and shall report to the
Congress on whether or not any or all of the various procedures
create a significant risk that the race of a defendant, or the race
of a victim against whom a crime was committed, influence the
likelihood that defendants in those States will be sentenced to
death. In conducting the study required by this paragraph, the
General Accounting Office shall -
(A) use ordinary methods of statistical analysis, including
methods comparable to those ruled admissible by the courts in
race discrimination cases under title VII of the Civil Rights Act
of 1964 (42 U.S.C. 2000e et seq.);
(B) study only crimes occurring after January 1, 1976; and
(C) determine what, if any, other factors, including any
relation between any aggravating or mitigating factors and the
race of the victim or the defendant, may account for any evidence
that the race of the defendant, or the race of the victim,
influences the likelihood that defendants will be sentenced to
death. In addition, the General Accounting Office shall examine
separately and include in the report, death penalty cases
involving crimes similar to those covered under this section.
(p) Sentencing in capital cases in which death penalty is not
sought or imposed
If a person is convicted for an offense under subsection (e) of
this section and the court does not impose the penalty of death,
the court may impose a sentence of life imprisonment without the
possibility of parole.
(q) Appeal in capital cases; counsel for financially unable
defendants
(1) In any case in which the sentence of death is imposed under
this section, the sentence of death shall be subject to review by
the court of appeals upon appeal by the defendant. Notice of
appeal must be filed within the time prescribed for appeal of
judgment in section 2107 of title 28. An appeal under this section
may be consolidated with an appeal of the judgment of conviction.
Such review shall have priority over all other cases.
(2) On review of the sentence, the court of appeals shall
consider the record, the evidence submitted during the trial, the
information submitted during the sentencing hearing, the procedures
employed in the sentencing hearing, and the special findings
returned under this section.
(3) The court shall affirm the sentence if it determines that -
(A) the sentence of death was not imposed under the influence
of passion, prejudice, or any other arbitrary factor; and
(B) the information supports the special finding of the
existence of every aggravating factor upon which the sentence was
based, together with, or the failure to find, any mitigating
factors as set forth or allowed in this section.
In all other cases the court shall remand the case for
reconsideration under this section. The court of appeals shall
state in writing the reasons for its disposition of the review of
the sentence.
(4)(A) Notwithstanding any other provision of law to the
contrary, in every criminal action in which a defendant is charged
with a crime which may be punishable by death, a defendant who is
or becomes financially unable to obtain adequate representation or
investigative, expert, or other reasonably necessary services at
any time either -
(i) before judgment; or
(ii) after the entry of a judgment imposing a sentence of death
but before the execution of that judgment;
shall be entitled to the appointment of one or more attorneys and
the furnishing of such other services in accordance with paragraphs
(5), (6), (7), (8), and (9).
(B) In any post conviction proceeding under section 2254 or 2255
of title 28 seeking to vacate or set aside a death sentence, any
defendant who is or becomes financially unable to obtain adequate
representation or investigative, expert, or other reasonably
necessary services shall be entitled to the appointment of one or
more attorneys and the furnishing of such other services in
accordance with paragraphs (5), (6), (7), (8), and (9).
(5) If the appointment is made before judgment, at least one
attorney so appointed must have been admitted to practice in the
court in which the prosecution is to be tried for not less than
five years, and must have had not less than three years experience
in the actual trial of felony prosecutions in that court.
(6) If the appointment is made after judgment, at least one
attorney so appointed must have been admitted to practice in the
court of appeals for not less than five years, and must have had
not less than three years experience in the handling of appeals in
that court in felony cases.
(7) With respect to paragraphs (5) and (6), the court, for good
cause, may appoint another attorney whose background, knowledge, or
experience would otherwise enable him or her to properly represent
the defendant, with due consideration to the seriousness of the
possible penalty and to the unique and complex nature of the
litigation.
(8) Unless replaced by similarly qualified counsel upon the
attorney's own motion or upon motion of the defendant, each
attorney so appointed shall represent the defendant throughout
every subsequent stage of available judicial proceedings, including
pretrial proceedings, trial, sentencing, motions for new trial,
appeals, applications for writ of certiorari to the Supreme Court
of the United States, and all available post-conviction process,
together with applications for stays of execution and other
appropriate motions and procedures, and shall also represent the
defendant in such competency proceedings and proceedings for
executive or other clemency as may be available to the defendant.
(9) Upon a finding that investigative, expert, or other services
are reasonably necessary for the representation of the defendant,
whether in connection with issues relating to guilt or the
sentence, the court may authorize the defendant's attorneys to
obtain such services on behalf of the defendant and, if so
authorized, shall order the payment of fees and expenses therefor
under paragraph (10). No ex parte proceeding, communication, or
request may be considered pursuant to this section unless a proper
showing is made concerning the need for confidentiality. Any such
proceeding, communication, or request shall be transcribed and made
a part of the record available for appellate review.
(10)(A) Compensation shall be paid to attorneys appointed under
this subsection at a rate of not more than $125 per hour for
in-court and out-of-court time. Not less than 3 years after April
24, 1996, the Judicial Conference is authorized to raise the
maximum for hourly payment specified in the paragraph up to the
aggregate of the overall average percentages of the adjustments in
the rates of pay for the General Schedule made pursuant to section
5305 of title 5 on or after April 24, 1996. After the rates are
raised under the preceding sentence, such hourly range may be
raised at intervals of not less than one year, up to the aggregate
of the overall average percentages of such adjustments made since
the last raise under this paragraph.
(B) Fees and expenses paid for investigative, expert, and other
reasonably necessary services authorized under paragraph (9) shall
not exceed $7,500 in any case, unless payment in excess of that
limit is certified by the court, or by the United States magistrate
judge, if the services were rendered in connection with the case
disposed of entirely before such magistrate judge, as necessary to
provide fair compensation for services of an unusual character or
duration, and the amount of the excess payment is approved by the
chief judge of the circuit. The chief judge of the circuit may
delegate such approval authority to an active circuit judge.
(C) The amounts paid under this paragraph for services in any
case shall be disclosed to the public, after the disposition of the
petition.
(r) Refusal to participate by State and Federal correctional
employees
No employee of any State department of corrections or the Federal
Bureau of Prisons and no employee providing services to that
department or bureau under contract shall be required, as a
condition of that employment, or contractual obligation to be in
attendance at or to participate in any execution carried out under
this section if such participation is contrary to the moral or
religious convictions of the employee. For purposes of this
subsection, the term "participation in executions" includes
personal preparation of the condemned individual and the apparatus
used for execution and supervision of the activities of other
personnel in carrying out such activities.
-SOURCE-
(Pub. L. 91-513, title II, Sec. 408, Oct. 27, 1970, 84 Stat. 1265;
Pub. L. 98-473, title II, Sec. 224(b), formerly Sec. 224(c), 305,
Oct. 12, 1984, 98 Stat. 2030, 2050; Pub. L. 99-570, title I, Sec.
1005(b)(2), 1252, 1253, Oct. 27, 1986, 100 Stat. 3207-6, 3207-14;
Pub. L. 100-690, title VI, Sec. 6481, title VII, Sec. 7001, Nov.
18, 1988, 102 Stat. 4382, 4387; Pub. L. 103-322, title XXXIII, Sec.
330003(e), 330009(d), 330014, Sept. 13, 1994, 108 Stat. 2141, 2143,
2146; Pub. L. 104-132, title I, Sec. 108, title IX, Sec. 903(b),
Apr. 24, 1996, 110 Stat. 1226, 1318.)
-REFTEXT-
REFERENCES IN TEXT
Act of July 15, 1932 (D.C. Code, secs. 24-203 - 24-207), referred
to in subsec. (d), is act July 15, 1932, ch. 492, 47 Stat. 696, as
amended, which is not classified to the Code.
The Federal Rules of Criminal Procedure, referred to in subsec.
(j), are set out in the Appendix to Title 18, Crimes and Criminal
Procedure.
The Civil Rights Act of 1964, referred to in subsec. (o)(2)(A),
is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title
VII of the Civil Rights Act of 1964 is classified generally to
subchapter VI (Sec. 2000e et seq.) of chapter 21 of Title 42, The
Public Health and Welfare. For complete classification of this Act
to the Code, see Short Title note set out under section 2000a of
Title 42 and Tables.
-MISC2-
AMENDMENTS
1996 - Subsec. (q)(9). Pub. L. 104-132, Sec. 108, amended par.
(9) generally. Prior to amendment, par. (9) read as follows:
"Upon a finding in ex parte proceedings that investigative, expert
or other services are reasonably necessary for the representation
of the defendant, whether in connection with issues relating to
guilt or sentence, the court shall authorize the defendant's
attorneys to obtain such services on behalf of the defendant and
shall order the payment of fees and expenses therefore, under
paragraph (10). Upon a finding that timely procurement of such
services could not practicably await prior authorization, the court
may authorize the provision of and payment for such services nunc
pro tunc."
Subsec. (q)(10). Pub. L. 104-132, Sec. 903(b), amended par. (10)
generally. Prior to amendment, par. (10) read as follows:
"Notwithstanding the rates and maximum limits generally applicable
to criminal cases and any other provision of law to the contrary,
the court shall fix the compensation to be paid to attorneys
appointed under this subsection and the fees and expenses to be
paid for investigative, expert, and other reasonably necessary
services authorized under paragraph (9), at such rates or amounts
as the court determines to be reasonably necessary to carry out the
requirements of paragraphs (4) through (9)."
1994 - Subsec. (b)(2)(A). Pub. L. 103-322, Sec. 330003(e),
substituted "subsection (c)(1) of this section" for "subsection
(d)(1) of this section".
Subsec. (n)(11). Pub. L. 103-322, Sec. 330014, made technical
amendment to reference to section 859 of this title to correct
reference to corresponding section of original act.
Subsec. (q)(8). Pub. L. 103-322, Sec. 330009(d), substituted
"applications for writ" for "applications, for writ".
1988 - Subsec. (a). Pub. L. 100-690, Sec. 6481(a), increased
minimum term of imprisonment for first violations to 20 from 10
years and for subsequent violations to 30 from 20 years.
Subsecs. (c), (d). Pub. L. 100-690, Sec. 6481(b), redesignated
subsecs. (d) and (e) as (c) and (d), respectively.
Subsec. (e). Pub. L. 100-690, Sec. 7001(a)(2), added subsec. (e).
Former subsec. (e) redesignated (d).
Pub. L. 100-690, Sec. 7001(a)(1), which directed redesignation of
former subsec. (e) as (f), could not be executed because of prior
redesignation of former subsec. (e) as (d) by Pub. L. 100-690, Sec.
6481(b), which resulted in there not being a subsec. (f).
Subsecs. (g) to (r). Pub. L. 100-690, Sec. 7001(b), added
subsecs. (g) to (r).
1986 - Subsec. (a). Pub. L. 99-570, Sec. 1252, substituted "to a
fine not to exceed the greater of that authorized in accordance
with the provisions of title 18 or $2,000,000 if the defendant is
an individual or $5,000,000 if the defendant is other than an
individual," for "to a fine of not more than $100,000," and "to
a fine not to exceed the greater of twice the amount authorized in
accordance with the provisions of title 18 or $4,000,000 if the
defendant is an individual or $10,000,000 if the defendant is other
than an individual," for "to a fine of not more than $200,000,".
Subsecs. (b) to (e). Pub. L. 99-570, Sec. 1253, added subsec. (b)
and redesignated former subsecs. (b) and (c) as (d) and (e),
respectively, which resulted in there not being a subsec. (c).
1984 - Subsec. (a). Pub. L. 98-473, Sec. 305, struck out par. (1)
designation, substituted references to section 853 of this title
for references to paragraph (2) in two places, and struck out par.
(2) which related to forfeitures to the United States by any person
convicted under par. (1).
Subsec. (d). Pub. L. 98-473, Sec. 305(b), struck out subsec. (d)
relating to jurisdiction of courts of the United States.
Subsec. (e). Pub. L. 98-473, Sec. 224(b), as renumbered by Pub.
L. 99-570, Sec. 1005(b)(2), which directed the amendment of subsec.
(c) of this section by striking out "and section 4202 of title 18
of the United States Code", was executed by striking out that
language in subsec. (e) to reflect the probable intent of Congress
and the intervening amendment by Pub. L. 99-570, Sec. 1253, which
redesignated subsec. (c) as (e). See 1986 Amendment note above.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 903(b) of Pub. L. 104-132 effective as to
cases commenced or appeals perfected on or after Apr. 24, 1996, see
section 903(c) of Pub. L. 104-132, set out as a note under section
3006A of Title 18, Crimes and Criminal Procedure.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by section 224(b) of Pub. L. 98-473 effective Nov. 1,
1987, and applicable only to offenses committed after the taking
effect of such amendment, see section 235(a)(1) of Pub. L. 98-473,
set out as an Effective Date note under section 3551 of Title 18,
Crimes and Criminal Procedure.
GAO STUDY OF COST OF EXECUTIONS
Section 7002 of title VII of Pub. L. 100-690, directed
Comptroller General to conduct a study of cost of executions and
report to Congress, prior to repeal by Pub. L. 104-66, title I,
Sec. 1091(d), Dec. 21, 1995, 109 Stat. 722.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 853 of this title; title
18 sections 36, 1956, 3553, 3559, 3591, 3592, 3663; title 28
sections 2254, 2255.
-CITE-
21 USC Sec. 849 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part D - Offenses and Penalties
-HEAD-
Sec. 849. Transportation safety offenses
-STATUTE-
(a) Definitions
In this section -
"safety rest area" means a roadside facility with parking
facilities for the rest or other needs of motorists.
"truck stop" means a facility (including any parking lot
appurtenant thereto) that -
(A) has the capacity to provide fuel or service, or both, to
any commercial motor vehicle (as defined in section 31301 of
title 49), operating in commerce (as defined in that section);
and
(B) is located within 2,500 feet of the National System of
Interstate and Defense Highways or the Federal-Aid Primary
System.
(b) First offense
A person who violates section 841(a)(1) of this title or section
856 of this title by distributing or possessing with intent to
distribute a controlled substance in or on, or within 1,000 feet
of, a truck stop or safety rest area is (except as provided in
subsection (b) (FOOTNOTE 1) of this section) subject to -
(FOOTNOTE 1) So in original. Probably should be subsection
"(c)".
(1) twice the maximum punishment authorized by section 841(b)
of this title; and
(2) twice any term of supervised release authorized by section
841(b) of this title for a first offense.
(c) Subsequent offense
A person who violates section 841(a)(1) of this title or section
856 of this title by distributing or possessing with intent to
distribute a controlled substance in or on, or within 1,000 feet
of, a truck stop or a safety rest area after a prior conviction or
convictions under subsection (a) (FOOTNOTE 2) of this section have
become final is subject to -
(FOOTNOTE 2) So in original. Probably should be subsection
"(b)".
(1) 3 times the maximum punishment authorized by section 841(b)
of this title; and
(2) 3 times any term of supervised release authorized by
section 841(b) of this title for a first offense.
-SOURCE-
(Pub. L. 91-513, title II, Sec. 409, as added Pub. L. 103-322,
title XVIII, Sec. 180201(b)(1), Sept. 13, 1994, 108 Stat. 2046.)
-MISC1-
PRIOR PROVISIONS
A prior section 849, Pub. L. 91-513, title II, Sec. 409, Oct. 27,
1970, 84 Stat. 1266; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100
Stat. 2095, related to dangerous special drug offender sentencing,
prior to repeal by Pub. L. 98-473, title II, Sec. 219(a),
235(a)(1), Oct. 12, 1984, 98 Stat. 2027, 2031, eff. Nov. 1, 1987,
and applicable only to offenses committed after the taking effect
of such repeal.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 841 of this title; title
18 section 3663.
-CITE-
21 USC Sec. 850 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part D - Offenses and Penalties
-HEAD-
Sec. 850. Information for sentencing
-STATUTE-
Except as otherwise provided in this subchapter or section
242a(a) (FOOTNOTE 1) of title 42, no limitation shall be placed on
the information concerning the background, character, and conduct
of a person convicted of an offense which a court of the United
States may receive and consider for the purpose of imposing an
appropriate sentence under this subchapter or subchapter II of this
chapter.
(FOOTNOTE 1) See References in Text note below.
-SOURCE-
(Pub. L. 91-513, title II, Sec. 410, Oct. 27, 1970, 84 Stat. 1269.)
-REFTEXT-
REFERENCES IN TEXT
Section 242a of title 42, referred to in text, was repealed by
Pub. L. 106-310, div. B, title XXXII, Sec. 3201(b)(1), Oct. 17,
2000, 114 Stat. 1190.
-CITE-
21 USC Sec. 851 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part D - Offenses and Penalties
-HEAD-
Sec. 851. Proceedings to establish prior convictions
-STATUTE-
(a) Information filed by United States Attorney
(1) No person who stands convicted of an offense under this part
shall be sentenced to increased punishment by reason of one or more
prior convictions, unless before trial, or before entry of a plea
of guilty, the United States attorney files an information with the
court (and serves a copy of such information on the person or
counsel for the person) stating in writing the previous convictions
to be relied upon. Upon a showing by the United States attorney
that facts regarding prior convictions could not with due diligence
be obtained prior to trial or before entry of a plea of guilty, the
court may postpone the trial or the taking of the plea of guilty
for a reasonable period for the purpose of obtaining such facts.
Clerical mistakes in the information may be amended at any time
prior to the pronouncement of sentence.
(2) An information may not be filed under this section if the
increased punishment which may be imposed is imprisonment for a
term in excess of three years unless the person either waived or
was afforded prosecution by indictment for the offense for which
such increased punishment may be imposed.
(b) Affirmation or denial of previous conviction
If the United States attorney files an information under this
section, the court shall after conviction but before pronouncement
of sentence inquire of the person with respect to whom the
information was filed whether he affirms or denies that he has been
previously convicted as alleged in the information, and shall
inform him that any challenge to a prior conviction which is not
made before sentence is imposed may not thereafter be raised to
attack the sentence.
(c) Denial; written response; hearing
(1) If the person denies any allegation of the information of
prior conviction, or claims that any conviction alleged is invalid,
he shall file a written response to the information. A copy of the
response shall be served upon the United States attorney. The
court shall hold a hearing to determine any issues raised by the
response which would except the person from increased punishment.
The failure of the United States attorney to include in the
information the complete criminal record of the person or any facts
in addition to the convictions to be relied upon shall not
constitute grounds for invalidating the notice given in the
information required by subsection (a)(1) of this section. The
hearing shall be before the court without a jury and either party
may introduce evidence. Except as otherwise provided in paragraph
(2) of this subsection, the United States attorney shall have the
burden of proof beyond a reasonable doubt on any issue of fact. At
the request of either party, the court shall enter findings of fact
and conclusions of law.
(2) A person claiming that a conviction alleged in the
information was obtained in violation of the Constitution of the
United States shall set forth his claim, and the factual basis
therefor, with particularity in his response to the information.
The person shall have the burden of proof by a preponderance of the
evidence on any issue of fact raised by the response. Any
challenge to a prior conviction, not raised by response to the
information before an increased sentence is imposed in reliance
thereon, shall be waived unless good cause be shown for failure to
make a timely challenge.
(d) Imposition of sentence
(1) If the person files no response to the information, or if the
court determines, after hearing, that the person is subject to
increased punishment by reason of prior convictions, the court
shall proceed to impose sentence upon him as provided by this part.
(2) If the court determines that the person has not been
convicted as alleged in the information, that a conviction alleged
in the information is invalid, or that the person is otherwise not
subject to an increased sentence as a matter of law, the court
shall, at the request of the United States attorney, postpone
sentence to allow an appeal from that determination. If no such
request is made, the court shall impose sentence as provided by
this part. The person may appeal from an order postponing sentence
as if sentence had been pronounced and a final judgment of
conviction entered.
(e) Statute of limitations
No person who stands convicted of an offense under this part may
challenge the validity of any prior conviction alleged under this
section which occurred more than five years before the date of the
information alleging such prior conviction.
-SOURCE-
(Pub. L. 91-513, title II, Sec. 411, Oct. 27, 1970, 84 Stat. 1269.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 962 of this title; title
18 section 3559.
-CITE-
21 USC Sec. 852 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part D - Offenses and Penalties
-HEAD-
Sec. 852. Application of treaties and other international
agreements
-STATUTE-
Nothing in the Single Convention on Narcotic Drugs, the
Convention on Psychotropic Substances, or other treaties or
international agreements shall be construed to limit the provision
of treatment, education, or rehabilitation as alternatives to
conviction or criminal penalty for offenses involving any drug or
other substance subject to control under any such treaty or
agreement.
-SOURCE-
(Pub. L. 91-513, title II, Sec. 412, as added Pub. L. 95-633, title
I, Sec. 107(a), Nov. 10, 1978, 92 Stat. 3773.)
-MISC1-
EFFECTIVE DATE
Section effective on date the Convention on Psychotropic
Substances enters into force in the United States (July 15, 1980),
see section 112 of Pub. L. 95-633, set out as a note under section
801a of this title.
-CITE-
21 USC Sec. 853 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part D - Offenses and Penalties
-HEAD-
Sec. 853. Criminal forfeitures
-STATUTE-
(a) Property subject to criminal forfeiture
Any person convicted of a violation of this subchapter or
subchapter II of this chapter punishable by imprisonment for more
than one year shall forfeit to the United States, irrespective of
any provision of State law -
(1) any property constituting, or derived from, any proceeds
the person obtained, directly or indirectly, as the result of
such violation;
(2) any of the person's property used, or intended to be used,
in any manner or part, to commit, or to facilitate the commission
of, such violation; and
(3) in the case of a person convicted of engaging in a
continuing criminal enterprise in violation of section 848 of
this title, the person shall forfeit, in addition to any property
described in paragraph (1) or (2), any of his interest in, claims
against, and property or contractual rights affording a source of
control over, the continuing criminal enterprise.
The court, in imposing sentence on such person, shall order, in
addition to any other sentence imposed pursuant to this subchapter
or subchapter II of this chapter, that the person forfeit to the
United States all property described in this subsection. In lieu
of a fine otherwise authorized by this part, a defendant who
derives profits or other proceeds from an offense may be fined not
more than twice the gross profits or other proceeds.
(b) Meaning of term "property"
Property subject to criminal forfeiture under this section
includes -
(1) real property, including things growing on, affixed to, and
found in land; and
(2) tangible and intangible personal property, including
rights, privileges, interests, claims, and securities.
(c) Third party transfers
All right, title, and interest in property described in
subsection (a) of this section vests in the United States upon the
commission of the act giving rise to forfeiture under this
section. Any such property that is subsequently transferred to a
person other than the defendant may be the subject of a special
verdict of forfeiture and thereafter shall be ordered forfeited to
the United States, unless the transferee establishes in a hearing
pursuant to subsection (n) of this section that he is a bona fide
purchaser for value of such property who at the time of purchase
was reasonably without cause to believe that the property was
subject to forfeiture under this section.
(d) Rebuttable presumption
There is a rebuttable presumption at trial that any property of a
person convicted of a felony under this subchapter or subchapter II
of this chapter is subject to forfeiture under this section if the
United States establishes by a preponderance of the evidence that -
(1) such property was acquired by such person during the period
of the violation of this subchapter or subchapter II of this
chapter or within a reasonable time after such period; and
(2) there was no likely source for such property other than the
violation of this subchapter or subchapter II of this chapter.
(e) Protective orders
(1) Upon application of the United States, the court may enter a
restraining order or injunction, require the execution of a
satisfactory performance bond, or take any other action to preserve
the availability of property described in subsection (a) of this
section for forfeiture under this section -
(A) upon the filing of an indictment or information charging a
violation of this subchapter or subchapter II of this chapter for
which criminal forfeiture may be ordered under this section and
alleging that the property with respect to which the order is
sought would, in the event of conviction, be subject to
forfeiture under this section; or
(B) prior to the filing of such an indictment or information,
if, after notice to persons appearing to have an interest in the
property and opportunity for a hearing, the court determines that
-
(i) there is a substantial probability that the United States
will prevail on the issue of forfeiture and that failure to
enter the order will result in the property being destroyed,
removed from the jurisdiction of the court, or otherwise made
unavailable for forfeiture; and
(ii) the need to preserve the availability of the property
through the entry of the requested order outweighs the hardship
on any party against whom the order is to be entered:
Provided, however, That an order entered pursuant to subparagraph
(B) shall be effective for not more than ninety days, unless
extended by the court for good cause shown or unless an indictment
or information described in subparagraph (A) has been filed.
(2) A temporary restraining order under this subsection may be
entered upon application of the United States without notice or
opportunity for a hearing when an information or indictment has not
yet been filed with respect to the property, if the United States
demonstrates that there is probable cause to believe that the
property with respect to which the order is sought would, in the
event of conviction, be subject to forfeiture under this section
and that provision of notice will jeopardize the availability of
the property for forfeiture. Such a temporary order shall expire
not more than ten days after the date on which it is entered,
unless extended for good cause shown or unless the party against
whom it is entered consents to an extension for a longer period. A
hearing requested concerning an order entered under this paragraph
shall be held at the earliest possible time and prior to the
expiration of the temporary order.
(3) The court may receive and consider, at a hearing held
pursuant to this subsection, evidence and information that would be
inadmissible under the Federal Rules of Evidence.
(f) Warrant of seizure
The Government may request the issuance of a warrant authorizing
the seizure of property subject to forfeiture under this section in
the same manner as provided for a search warrant. If the court
determines that there is probable cause to believe that the
property to be seized would, in the event of conviction, be subject
to forfeiture and that an order under subsection (e) of this
section may not be sufficient to assure the availability of the
property for forfeiture, the court shall issue a warrant
authorizing the seizure of such property.
(g) Execution
Upon entry of an order of forfeiture under this section, the
court shall authorize the Attorney General to seize all property
ordered forfeited upon such terms and conditions as the court shall
deem proper. Following entry of an order declaring the property
forfeited, the court may, upon application of the United States,
enter such appropriate restraining orders or injunctions, require
the execution of satisfactory performance bonds, appoint receivers,
conservators, appraisers, accountants, or trustees, or take any
other action to protect the interest of the United States in the
property ordered forfeited. Any income accruing to or derived from
property ordered forfeited under this section may be used to offset
ordinary and necessary expenses to the property which are required
by law, or which are necessary to protect the interests of the
United States or third parties.
(h) Disposition of property
Following the seizure of property ordered forfeited under this
section, the Attorney General shall direct the disposition of the
property by sale or any other commercially feasible means, making
due provision for the rights of any innocent persons. Any property
right or interest not exercisable by, or transferable for value to,
the United States shall expire and shall not revert to the
defendant, nor shall the defendant or any person acting in concert
with him or on his behalf be eligible to purchase forfeited
property at any sale held by the United States. Upon application of
a person, other than the defendant or a person acting in concert
with him or on his behalf, the court may restrain or stay the sale
or disposition of the property pending the conclusion of any appeal
of the criminal case giving rise to the forfeiture, if the
applicant demonstrates that proceeding with the sale or disposition
of the property will result in irreparable injury, harm, or loss to
him.
(i) Authority of the Attorney General
With respect to property ordered forfeited under this section,
the Attorney General is authorized to -
(1) grant petitions for mitigation or remission of forfeiture,
restore forfeited property to victims of a violation of this
subchapter, or take any other action to protect the rights of
innocent persons which is in the interest of justice and which is
not inconsistent with the provisions of this section;
(2) compromise claims arising under this section;
(3) award compensation to persons providing information
resulting in a forfeiture under this section;
(4) direct the disposition by the United States, in accordance
with the provisions of section 881(e) of this title, of all
property ordered forfeited under this section by public sale or
any other commercially feasible means, making due provision for
the rights of innocent persons; and
(5) take appropriate measures necessary to safeguard and
maintain property ordered forfeited under this section pending
its disposition.
(j) Applicability of civil forfeiture provisions
Except to the extent that they are inconsistent with the
provisions of this section, the provisions of section 881(d) of
this title shall apply to a criminal forfeiture under this section.
(k) Bar on intervention
Except as provided in subsection (n) of this section, no party
claiming an interest in property subject to forfeiture under this
section may -
(1) intervene in a trial or appeal of a criminal case involving
the forfeiture of such property under this section; or
(2) commence an action at law or equity against the United
States concerning the validity of his alleged interest in the
property subsequent to the filing of an indictment or information
alleging that the property is subject to forfeiture under this
section.
(l) Jurisdiction to enter orders
The district courts of the United States shall have jurisdiction
to enter orders as provided in this section without regard to the
location of any property which may be subject to forfeiture under
this section or which has been ordered forfeited under this
section.
(m) Depositions
In order to facilitate the identification and location of
property declared forfeited and to facilitate the disposition of
petitions for remission or mitigation of forfeiture, after the
entry of an order declaring property forfeited to the United
States, the court may, upon application of the United States, order
that the testimony of any witness relating to the property
forfeited be taken by deposition and that any designated book,
paper, document, record, recording, or other material not
privileged be produced at the same time and place, in the same
manner as provided for the taking of depositions under Rule 15 of
the Federal Rules of Criminal Procedure.
(n) Third party interests
(1) Following the entry of an order of forfeiture under this
section, the United States shall publish notice of the order and of
its intent to dispose of the property in such manner as the
Attorney General may direct. The Government may also, to the
extent practicable, provide direct written notice to any person
known to have alleged an interest in the property that is the
subject of the order of forfeiture as a substitute for published
notice as to those persons so notified.
(2) Any person, other than the defendant, asserting a legal
interest in property which has been ordered forfeited to the United
States pursuant to this section may, within thirty days of the
final publication of notice or his receipt of notice under
paragraph (1), whichever is earlier, petition the court for a
hearing to adjudicate the validity of his alleged interest in the
property. The hearing shall be held before the court alone,
without a jury.
(3) The petition shall be signed by the petitioner under penalty
of perjury and shall set forth the nature and extent of the
petitioner's right, title, or interest in the property, the time
and circumstances of the petitioner's acquisition of the right,
title, or interest in the property, any additional facts supporting
the petitioner's claim, and the relief sought.
(4) The hearing on the petition shall, to the extent practicable
and consistent with the interests of justice, be held within thirty
days of the filing of the petition. The court may consolidate the
hearing on the petition with a hearing on any other petition filed
by a person other than the defendant under this subsection.
(5) At the hearing, the petitioner may testify and present
evidence and witnesses on his own behalf, and cross-examine
witnesses who appear at the hearing. The United States may present
evidence and witnesses in rebuttal and in defense of its claim to
the property and cross-examine witnesses who appear at the
hearing. In addition to testimony and evidence presented at the
hearing, the court shall consider the relevant portions of the
record of the criminal case which resulted in the order of
forfeiture.
(6) If, after the hearing, the court determines that the
petitioner has established by a preponderance of the evidence that
-
(A) the petitioner has a legal right, title, or interest in the
property, and such right, title, or interest renders the order of
forfeiture invalid in whole or in part because the right, title,
or interest was vested in the petitioner rather than the
defendant or was superior to any right, title, or interest of the
defendant at the time of the commission of the acts which gave
rise to the forfeiture of the property under this section; or
(B) the petitioner is a bona fide purchaser for value of the
right, title, or interest in the property and was at the time of
purchase reasonably without cause to believe that the property
was subject to forfeiture under this section;
the court shall amend the order of forfeiture in accordance with
its determination.
(7) Following the court's disposition of all petitions filed
under this subsection, or if no such petitions are filed following
the expiration of the period provided in paragraph (2) for the
filing of such petitions, the United States shall have clear title
to property that is the subject of the order of forfeiture and may
warrant good title to any subsequent purchaser or transferee.
(o) Construction
The provisions of this section shall be liberally construed to
effectuate its remedial purposes.
(p) Forfeiture of substitute property
If any of the property described in subsection (a) of this
section, as a result of any act or omission of the defendant -
(1) cannot be located upon the exercise of due diligence;
(2) has been transferred or sold to, or deposited with, a third
party;
(3) has been placed beyond the jurisdiction of the court;
(4) has been substantially diminished in value; or
(5) has been commingled with other property which cannot be
divided without difficulty;
the court shall order the forfeiture of any other property of the
defendant up to the value of any property described in paragraphs
(1) through (5).
(q) Restitution for cleanup of clandestine laboratory sites
The court, when sentencing a defendant convicted of an offense
under this subchapter or subchapter II of this chapter involving
the manufacture of amphetamine or methamphetamine, shall -
(1) order restitution as provided in sections 3612 and 3664 of
title 18;
(2) order the defendant to reimburse the United States, the
State or local government concerned, or both the United States
and the State or local government concerned for the costs
incurred by the United States or the State or local government
concerned, as the case may be, for the cleanup associated with
the manufacture of amphetamine or methamphetamine by the
defendant; and
(3) order restitution to any person injured as a result of the
offense as provided in section 3663A of title 18.
-SOURCE-
(Pub. L. 91-513, title II, Sec. 413, as added and amended Pub. L.
98-473, title II, Sec. 303, 2301(d)-(f), Oct. 12, 1984, 98 Stat.
2044, 2192, 2193; Pub. L. 99-570, title I, Sec. 1153(b), 1864, Oct.
27, 1986, 100 Stat. 3207-13, 3207-54; Pub. L. 104-237, title II,
Sec. 207, Oct. 3, 1996, 110 Stat. 3104; Pub. L. 106-310, div. B,
title XXXVI, Sec. 3613(a), Oct. 17, 2000, 114 Stat. 1229.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Rules of Evidence, referred to in subsec. (e)(3), are
set out in the Appendix to Title 28, Judiciary and Judicial
Procedure.
The Federal Rules of Criminal Procedure, referred to in subsec.
(m), are set out in the Appendix to Title 18, Crimes and Criminal
Procedure.
-MISC2-
AMENDMENTS
2000 - Subsec. (q). Pub. L. 106-310, Sec. 3613(a)(1), (2), in
introductory provisions, inserted "amphetamine or" before
"methamphetamine" and substituted "shall" for "may".
Subsec. (q)(2). Pub. L. 106-310, Sec. 3613(a)(2), (3), inserted
", the State or local government concerned, or both the United
States and the State or local government concerned" after "to
reimburse the United States", "or the State or local government
concerned, as the case may be," after "costs incurred by the
United States", and "amphetamine or" before "methamphetamine".
Subsec. (q)(3). Pub. L. 106-310, Sec. 3613(a)(4), substituted
"section 3663A of title 18" for "section 3663 of title 18".
1996 - Subsec. (q). Pub. L. 104-237 added subsec. (q).
1986 - Subsec. (c). Pub. L. 99-570, Sec. 1864(1), substituted
"subsection (n)" for "subsection (o)".
Subsec. (f). Pub. L. 99-570, Sec. 1864(2), substituted
"subsection (e)" for "subsection (f)".
Subsec. (i)(1). Pub. L. 99-570, Sec. 1864(3), substituted "this
subchapter" for "this chapter".
Subsec. (k). Pub. L. 99-570, Sec. 1864(1), (4), which directed
the substitution of "subsection (n)" for "subsection (o)" in
"the second subsection (h)", and directed the redesignation of
"the second subsection (h)" as subsection (k), were executed to
this subsection because the "second subsection (h)" had been
editorially redesignated subsec. (k) to reflect the probable intent
of Congress. See 1984 Amendment note below.
Subsec. (p). Pub. L. 99-570, Sec. 1153(b), which directed that
"section 413 of title II of the Comprehensive Drug Abuse
Prevention and Control Act of 1975" be amended "by redesignating
subsection '(p)' as subsection '(q)' " and adding subsec. (p) was
executed to this section, which is section 413 of the Comprehensive
Drug Abuse Prevention and Control Act of 1970, as the probable
intent of Congress, by adding a subsec. (p) in view of the prior
redesignation of subsec. (p) as (o) by Pub. L. 98-473, Sec.
2301(e)(2). See 1984 Amendment note below.
1984 - Subsec. (a). Pub. L. 98-473, Sec. 2301(d), inserted "In
lieu of a fine otherwise authorized by this part, a defendant who
derives profits or other proceeds from an offense may be fined not
more than twice the gross profits or other proceeds."
Subsec. (d). Pub. L. 98-473, Sec. 2301(e), struck out subsec. (d)
which related to forfeiture of property other than that described
in subsec. (a) and the conditions therefor, and redesignated former
subsec. (e) as (d).
Subsecs. (e) to (p). Pub. L. 98-473, Sec. 2301(e)(2), which
directed that this section be amended by redesignating subsecs.
(e), (f), (g), (h), (i), (l), (m), (n), (o), and (p) as subsecs.
(d), (e), (f), (g), (h), (i), (j), (h), (l), (m), (n), and (o),
respectively, was executed by redesignating subsecs. (e) to (p) as
(d) to (o), respectively, to give effect to the probable intent of
Congress.
Subsec. (n)(1). Pub. L. 98-473, Sec. 2301(f), struck out "for at
least seven successive court days" after "to dispose of the
property".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 333, 848, 970 of this
title; title 18 sections 38, 229B, 793, 794, 798, 982, 986, 1028,
1029, 1834, 3554; title 28 section 2461; title 33 section 1415;
title 42 section 1786; title 50 section 783.
-CITE-
21 USC Sec. 853a 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part D - Offenses and Penalties
-HEAD-
Sec. 853a. Transferred
-COD-
CODIFICATION
Section, Pub. L. 100-690, title V, Sec. 5301, Nov. 18, 1988, 102
Stat. 4310, which related to denial of Federal benefits to drug
traffickers and possessors, was renumbered section 421 of the
Controlled Substances Act by Pub. L. 101-647, title X, Sec.
1002(d)(1), Nov. 29, 1990, 104 Stat. 4827, and is classified to
section 862 of this title.
-CITE-
21 USC Sec. 854 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part D - Offenses and Penalties
-HEAD-
Sec. 854. Investment of illicit drug profits
-STATUTE-
(a) Prohibition
It shall be unlawful for any person who has received any income
derived, directly or indirectly, from a violation of this
subchapter or subchapter II of this chapter punishable by
imprisonment for more than one year in which such person has
participated as a principal within the meaning of section 2 of
title 18, to use or invest, directly or indirectly, any part of
such income, or the proceeds of such income, in acquisition of any
interest in, or the establishment or operation of, any enterprise
which is engaged in, or the activities of which affect interstate
or foreign commerce. A purchase of securities on the open market
for purposes of investment, and without the intention of
controlling or participating in the control of the issuer, or of
assisting another to do so, shall not be unlawful under this
section if the securities of the issuer held by the purchaser, the
members of his immediate family, and his or their accomplices in
any violation of this subchapter or subchapter II of this chapter
after such purchase do not amount in the aggregate to 1 per centum
of the outstanding securities of any one class, and do not confer,
either in law or in fact, the power to elect one or more directors
of the issuer.
(b) Penalty
Whoever violates this section shall be fined not more than
$50,000 or imprisoned not more than ten years, or both.
(c) "Enterprise" defined
As used in this section, the term "enterprise" includes any
individual, partnership, corporation, association, or other legal
entity, and any union or group of individuals associated in fact
although not a legal entity.
(d) Construction
The provisions of this section shall be liberally construed to
effectuate its remedial purposes.
-SOURCE-
(Pub. L. 91-513, title II, Sec. 414, as added Pub. L. 98-473, title
II, Sec. 303, Oct. 12, 1984, 98 Stat. 2049.)
-CITE-
21 USC Sec. 855 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part D - Offenses and Penalties
-HEAD-
Sec. 855. Alternative fine
-STATUTE-
In lieu of a fine otherwise authorized by this part, a defendant
who derives profits or other proceeds from an offense may be fined
not more than twice the gross profits or other proceeds.
-SOURCE-
(Pub. L. 91-513, title II, Sec. 415, as added Pub. L. 98-473, title
II, Sec. 2302, Oct. 12, 1984, 98 Stat. 2193.)
-CITE-
21 USC Sec. 856 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part D - Offenses and Penalties
-HEAD-
Sec. 856. Establishment of manufacturing operations
-STATUTE-
(a) Unlawful acts
Except as authorized by this subchapter, it shall be unlawful to
-
(1) knowingly open or maintain any place for the purpose of
manufacturing, distributing, or using any controlled substance;
(2) manage or control any building, room, or enclosure, either
as an owner, lessee, agent, employee, or mortgagee, and knowingly
and intentionally rent, lease, or make available for use, with or
without compensation, the building, room, or enclosure for the
purpose of unlawfully manufacturing, storing, distributing, or
using a controlled substance.
(b) Penalties
Any person who violates subsection (a) of this section shall be
sentenced to a term of imprisonment of not more than 20 years or a
fine of not more than $500,000, or both, or a fine of $2,000,000
for a person other than an individual.
(c) Violation as offense against property
A violation of subsection (a) of this section shall be considered
an offense against property for purposes of section
3663A(c)(1)(A)(ii) of title 18.
-SOURCE-
(Pub. L. 91-513, title II, Sec. 416, as added Pub. L. 99-570, title
I, Sec. 1841(a), Oct. 27, 1986, 100 Stat. 3207-52; amended Pub. L.
106-310, div. B, title XXXVI, Sec. 3613(e), Oct. 17, 2000, 114
Stat. 1230.)
-MISC1-
AMENDMENTS
2000 - Subsec. (c). Pub. L. 106-310 added subsec. (c).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 849, 860 of this title;
title 18 sections 3663, 3663A.
-CITE-
21 USC Sec. 857 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part D - Offenses and Penalties
-HEAD-
Sec. 857. Repealed. Pub. L. 101-647, title XXIV, Sec. 2401(d), Nov.
29, 1990, 104 Stat. 4859
-MISC1-
Section, Pub. L. 99-570, title I, Sec. 1822, Oct. 27, 1986, 100
Stat. 3207-51; Pub. L. 100-690, title VI, Sec. 6485, Nov. 18, 1988,
102 Stat. 4384; Pub. L. 101-647, title XXIV, Sec. 2401(b), Nov. 29,
1990, 104 Stat. 4859, related to interstate and foreign sale and
transportation of drug paraphernalia.
Subsec. (a), which related to unlawful acts, was repealed.
Subsecs. (b) to (f) were redesignated as subsecs. (b) to (f) of
section 422 of the Controlled Substances Act by section 2401(b) of
Pub. L. 101-647 and transferred to section 863(b) to (f) of this
title.
EFFECTIVE DATE
Section 1823 of Pub. L. 99-570 which provided that subtitle O
(Sec. 1821-1823) of title I of Pub. L. 99-570, enacting this
section and provisions set out as a note under section 801 of this
title, was to become effective 90 days after Oct. 27, 1986, was
repealed by Pub. L. 101-647, title XXIV, Sec. 2401(d), Nov. 29,
1990, 104 Stat. 4859.
-CITE-
21 USC Sec. 858 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part D - Offenses and Penalties
-HEAD-
Sec. 858. Endangering human life while illegally manufacturing
controlled substance
-STATUTE-
Whoever, while manufacturing a controlled substance in violation
of this subchapter, or attempting to do so, or transporting or
causing to be transported materials, including chemicals, to do so,
creates a substantial risk of harm to human life shall be fined in
accordance with title 18 or imprisoned not more than 10 years, or
both.
-SOURCE-
(Pub. L. 91-513, title II, Sec. 417, as added Pub. L. 100-690,
title VI, Sec. 6301(a), Nov. 18, 1988, 102 Stat. 4370.)
-CITE-
21 USC Sec. 859 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part D - Offenses and Penalties
-HEAD-
Sec. 859. Distribution to persons under age twenty-one
-STATUTE-
(a) First offense
Except as provided in section 860 of this title, any person at
least eighteen years of age who violates section 841(a)(1) of this
title by distributing a controlled substance to a person under
twenty-one years of age is (except as provided in subsection (b) of
this section) subject to (1) twice the maximum punishment
authorized by section 841(b) of this title, and (2) at least twice
any term of supervised release authorized by section 841(b) of this
title, for a first offense involving the same controlled substance
and schedule. Except to the extent a greater minimum sentence is
otherwise provided by section 841(b) of this title, a term of
imprisonment under this subsection shall be not less than one
year. The mandatory minimum sentencing provisions of this
subsection shall not apply to offenses involving 5 grams or less of
marihuana.
(b) Second offense
Except as provided in section 860 of this title, any person at
least eighteen years of age who violates section 841(a)(1) of this
title by distributing a controlled substance to a person under
twenty-one years of age after a prior conviction under subsection
(a) of this section (or under section 333(b) of this title as in
effect prior to May 1, 1971) has become final, is subject to (1)
three times the maximum punishment authorized by section 841(b) of
this title, and (2) at least three times any term of supervised
release authorized by section 841(b) of this title, for a second or
subsequent offense involving the same controlled substance and
schedule. Except to the extent a greater minimum sentence is
otherwise provided by section 841(b) of this title, a term of
imprisonment under this subsection shall be not less than one
year. Penalties for third and subsequent convictions shall be
governed by section 841(b)(1)(A) of this title.
-SOURCE-
(Pub. L. 91-513, title II, Sec. 418, formerly Sec. 405, Oct. 27,
1970, 84 Stat. 1265; Pub. L. 98-473, title II, Sec. 224(b),
503(b)(3), Oct. 12, 1984, 98 Stat. 2030, 2070; Pub. L. 99-570,
title I, Sec. 1004(a), 1005(b)(1), 1105(a), (b), Oct. 27, 1986, 100
Stat. 3207-6, 3207-11; Pub. L. 100-690, title VI, Sec. 6452(b),
6455, 6456, Nov. 18, 1988, 102 Stat. 4371, 4372; renumbered Sec.
418 and amended Pub. L. 101-647, title X, Sec. 1002(a), 1003(a),
title XXXV, Sec. 3599L, Nov. 29, 1990, 104 Stat. 4827, 4828, 4932.)
-COD-
CODIFICATION
Section was classified to section 845 of this title prior to
renumbering by Pub. L. 101-647.
-MISC3-
AMENDMENTS
1990 - Subsec. (a). Pub. L. 101-647, Sec. 1003(a)(1), substituted
"subject to (1) twice the maximum punishment authorized by section
841(b) of this title" for "punishable by (1) a term of
imprisonment, or a fine, or both, up to twice that authorized by
section 841(b) of this title".
Pub. L. 101-647, Sec. 1002(a)(2)(A), substituted "section 860"
for "section 845a".
Subsec. (b). Pub. L. 101-647, Sec. 3599L, substituted "has
become final" for "have become final".
Pub. L. 101-647, Sec. 1003(a)(2), substituted "subject to (1)
three times the maximum punishment authorized by section 841(b) of
this title" for "punishable by (1) a term of imprisonment, or a
fine, or both, up to three times that authorized by section 841(b)
of this title".
Pub. L. 101-647, Sec. 1002(a)(2)(B), substituted "section 860"
for "section 845a".
1988 - Subsec. (a). Pub. L. 100-690, Sec. 6455, inserted at end
"The mandatory minimum sentencing provisions of this subsection
shall not apply to offenses involving 5 grams or less of
marihuana."
Subsec. (b). Pub. L. 100-690, Sec. 6452(b), struck out "or
subsequent" after "Second" in heading, and in text struck out
"or convictions" after "a prior conviction", and inserted at
end "Penalties for third and subsequent convictions shall be
governed by section 841(b)(1)(A) of this title."
Pub. L. 100-690, Sec. 6456, struck out "The mandatory minimum
sentencing provisions of this paragraph shall not apply to offenses
involving 5 grams or less of marihuana."
1986 - Subsec. (a). Pub. L. 99-570, Sec. 1105(a), inserted
"Except to the extent a greater minimum sentence is otherwise
provided by section 841(b) of this title, a term of imprisonment
under this subsection shall be not less than one year."
Pub. L. 99-570, Sec. 1004(a), substituted "term of supervised
release" for "special parole term".
Subsec. (b). Pub. L. 99-570, Sec. 1105(b), inserted "Except to
the extent a greater minimum sentence is otherwise provided by
section 841(b) of this title, a term of imprisonment under this
subsection shall be not less than one year. The mandatory minimum
sentencing provisions of this paragraph shall not apply to offenses
involving 5 grams or less of marihuana."
Pub. L. 99-570, Sec. 1004(a), substituted "term of supervised
release" for "special parole term".
1984 - Subsecs. (a), (b). Pub. L. 98-473, Sec. 503(b)(3),
substituted "Except as provided in section 845a of this title,
any" for "Any".
Pub. L. 98-473, Sec. 224(b), which directed amendment of this
section effective Nov. 1, 1987 (see section 235(a)(1) of Pub. L.
98-473 set out as an Effective Date note under section 3551 of
Title 18, Crimes and Criminal Procedure) was repealed by Pub. L.
99-570, Sec. 1005(b)(1).
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by section 1004(a) of Pub. L. 99-570 effective on date
of taking effect of section 3583 of Title 18, Crimes and Criminal
Procedure (Nov. 1, 1987), see section 1004(b) of Pub. L. 99-570 set
out as a note under section 841 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 841 of this title; title
18 section 3592.
-CITE-
21 USC Sec. 860 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part D - Offenses and Penalties
-HEAD-
Sec. 860. Distribution or manufacturing in or near schools and
colleges
-STATUTE-
(a) Penalty
Any person who violates section 841(a)(1) of this title or
section 856 of this title by distributing, possessing with intent
to distribute, or manufacturing a controlled substance in or on, or
within one thousand feet of, the real property comprising a public
or private elementary, vocational, or secondary school or a public
or private college, junior college, or university, or a playground,
or housing facility owned by a public housing authority, or within
100 feet of a public or private youth center, public swimming pool,
or video arcade facility, is (except as provided in subsection (b)
of this section) subject to (1) twice the maximum punishment
authorized by section 841(b) of this title; and (2) at least twice
any term of supervised release authorized by section 841(b) of this
title for a first offense. A fine up to twice that authorized by
section 841(b) of this title may be imposed in addition to any term
of imprisonment authorized by this subsection. Except to the
extent a greater minimum sentence is otherwise provided by section
841(b) of this title, a person shall be sentenced under this
subsection to a term of imprisonment of not less than one year.
The mandatory minimum sentencing provisions of this paragraph shall
not apply to offenses involving 5 grams or less of marihuana.
(b) Second offenders
Any person who violates section 841(a)(1) of this title or
section 856 of this title by distributing, possessing with intent
to distribute, or manufacturing a controlled substance in or on, or
within one thousand feet of, the real property comprising a public
or private elementary, vocational, or secondary school or a public
or private college, junior college, or university, or a playground,
or housing facility owned by a public housing authority, or within
100 feet of a public or private youth center, public swimming pool,
or video arcade facility, after a prior conviction under subsection
(a) of this section has become final is punishable (1) by the
greater of (A) a term of imprisonment of not less than three years
and not more than life imprisonment or (B) three times the maximum
punishment authorized by section 841(b) of this title for a first
offense, and (2) at least three times any term of supervised
release authorized by section 841(b) of this title for a first
offense. A fine up to three times that authorized by section
841(b) of this title may be imposed in addition to any term of
imprisonment authorized by this subsection. Except to the extent a
greater minimum sentence is otherwise provided by section 841(b) of
this title, a person shall be sentenced under this subsection to a
term of imprisonment of not less than three years. Penalties for
third and subsequent convictions shall be governed by section
841(b)(1)(A) of this title.
(c) Employing children to distribute drugs near schools or
playgrounds
Notwithstanding any other law, any person at least 21 years of
age who knowingly and intentionally -
(1) employs, hires, uses, persuades, induces, entices, or
coerces a person under 18 years of age to violate this section;
or
(2) employs, hires, uses, persuades, induces, entices, or
coerces a person under 18 years of age to assist in avoiding
detection or apprehension for any offense under this section by
any Federal, State, or local law enforcement official,
is punishable by a term of imprisonment, a fine, or both, up to
triple those authorized by section 841 of this title.
(d) Suspension of sentence; probation; parole
In the case of any mandatory minimum sentence imposed under this
section, imposition or execution of such sentence shall not be
suspended and probation shall not be granted. An individual
convicted under this section shall not be eligible for parole until
the individual has served the mandatory minimum term of
imprisonment as provided by this section.
(e) Definitions
For the purposes of this section -
(1) The term "playground" means any outdoor facility
(including any parking lot appurtenant thereto) intended for
recreation, open to the public, and with any portion thereof
containing three or more separate apparatus intended for the
recreation of children including, but not limited to, sliding
boards, swingsets, and teeterboards.
(2) The term "youth center" means any recreational facility
and/or gymnasium (including any parking lot appurtenant thereto),
intended primarily for use by persons under 18 years of age,
which regularly provides athletic, civic, or cultural activities.
(3) The term "video arcade facility" means any facility,
legally accessible to persons under 18 years of age, intended
primarily for the use of pinball and video machines for amusement
containing a minimum of ten pinball and/or video machines.
(4) The term "swimming pool" includes any parking lot
appurtenant thereto.
-SOURCE-
(Pub. L. 91-513, title II, Sec. 419, formerly Sec. 405A, as added
Pub. L. 98-473, title II, Sec. 503(a), Oct. 12, 1984, 98 Stat.
2069; amended Pub. L. 99-570, title I, Sec. 1004(a), 1104, 1105(c),
1841(b), 1866(b), (c), Oct. 27, 1986, 100 Stat. 3207-6, 3207-11,
3207-52, 3207-55; Pub. L. 99-646, Sec. 28, Nov. 10, 1986, 100 Stat.
3598; Pub. L. 100-690, title VI, Sec. 6452(b)(1), 6457, 6458, Nov.
18, 1988, 102 Stat. 4371, 4373; renumbered Sec. 419 and amended
Pub. L. 101-647, title X, Sec. 1002(b), 1003(b), title XII, Sec.
1214, title XV, Sec. 1502, title XXXV, Sec. 3599L, Nov. 29, 1990,
104 Stat. 4827, 4829, 4833, 4836, 4932; Pub. L. 103-322, title XIV,
Sec. 140006, title XXXII, Sec. 320107, title XXXIII, Sec.
330009(a), Sept. 13, 1994, 108 Stat. 2032, 2111, 2143.)
-COD-
CODIFICATION
Section was classified to section 845a of this title prior to
renumbering by Pub. L. 101-647.
-MISC3-
AMENDMENTS
1994 - Subsec. (a). Pub. L. 103-322, Sec. 320107, substituted
"playground, or housing facility owned by a public housing
authority, or within" for "playground, or within".
Subsec. (b). Pub. L. 103-322, Sec. 320107, 330009(a), substituted
"playground, or housing facility owned by a public housing
authority, or within" for "playground, or within" and inserted a
period at end of penultimate sentence.
Subsecs. (c) to (e). Pub. L. 103-322, Sec. 140006, added subsec.
(c) and redesignated former subsecs. (c) and (d) as (d) and (e),
respectively.
1990 - Subsec. (a). Pub. L. 101-647, Sec. 1502(1), inserted "or
a playground," after "university," and struck out
"playground," after "within 100 feet of a".
Pub. L. 101-647, Sec. 1214(1)(C), substituted "a person shall be
sentenced under this subsection to a term of imprisonment of not
less than one year" for "a term of imprisonment under this
subsection shall be not less than one year".
Pub. L. 101-647, Sec. 1214(1)(B), inserted "A fine up to twice
that authorized by section 841(b) of this title may be imposed in
addition to any term of imprisonment authorized by this
subsection."
Pub. L. 101-647, Sec. 1214(1)(A), which directed the amendment of
par. (1) by striking out ", or a fine, or both," could not be
executed because those words did not appear. See note below.
Pub. L. 101-647, Sec. 1003(b)(1), which directed the substitution
of "subject to (1) twice the maximum punishment authorized by
section 841(b) of this title" for "punishable (1) by a term of
imprisonment, or a fine, or both, up to twice that authorized by
section 841(b) of this title", was executed by making the
substitution for "punishable (1) by a term of imprisonment, or
fine, or both, up to twice that authorized by section 841(b) of
this title" to reflect the probable intent of Congress.
Subsec. (b). Pub. L. 101-647, Sec. 3599L, substituted "has
become final" for "have become final".
Pub. L. 101-647, Sec. 1502(2), inserted "or a playground,"
after "university," and struck out "playground," after "within
100 feet of a".
Pub. L. 101-647, Sec. 1214(2)(B), inserted after first sentence
"A fine up to three times that authorized by section 841(b) of
this title may be imposed in addition to any term of imprisonment
authorized by this subsection. Except to the extent a greater
minimum sentence is otherwise provided by section 841(b) of this
title, a person shall be sentenced under this subsection to a term
of imprisonment of not less than three years".
Subsec. (b)(1)(B). Pub. L. 101-647, Sec. 1214(2)(A), which
directed the amendment of subpar. (B) by striking ", or a fine up
to three times that" through "or both", could not be executed
because the language did not appear after execution of the
intervening amendment by Pub. L. 101-647, Sec. 1003(b)(2). See
below.
Pub. L. 101-647, Sec. 1003(b)(2), substituted "three times the
maximum punishment authorized by section 841(b) of this title for a
first offense" for "a term of imprisonment of up to three times
that authorized by section 841(b) of this title for a first
offense, or a fine up to three times that authorized by section
841(b) of this title for a first offense, or both".
Subsec. (c). Pub. L. 101-647, Sec. 1214(3), inserted "mandatory
minimum" after "In the case of any", struck out "subsection (b)
of" after "imposed under", and substituted "An individual
convicted under this section shall not be eligible for parole until
the individual has served the mandatory minimum term of
imprisonment as provided by this section" for "An individual
convicted under subsection (b) of this section shall not be
eligible for parole under chapter 311 of title 18 until the
individual has served the minimum sentence required by such
subsection".
1988 - Subsec. (a). Pub. L. 100-690, Sec. 6457, 6458(a), inserted
", possessing with intent to distribute," after "distributing"
and ", or within 100 feet of a playground, public or private youth
center, public swimming pool, or video arcade facility," after
"university".
Subsec. (b). Pub. L. 100-690, Sec. 6452(b)(1), 6457, 6458(a),
inserted ", possessing with intent to distribute," after
"distributing", and ", or within 100 feet of a playground,
public or private youth center, public swimming pool, or video
arcade facility," after "university", substituted "a prior
conviction" for "a prior conviction or convictions", and
inserted at end "Penalties for third and subsequent convictions
shall be governed by section 841(b)(1)(A) of this title."
Subsec. (d). Pub. L. 100-690, Sec. 6458(b), added subsec. (d).
1986 - Subsec. (a). Pub. L. 99-570, Sec. 1104(a), (b), 1105(c),
1841(b)(1), inserted "or section 856 of this title" and "or
manufacturing", substituted "a public or private elementary,
vocational, or secondary school or a public or private college,
junior college, or university" for "a public or private
elementary or secondary school", struck out "involving the same
controlled substance and schedule" after "for a first offense",
and inserted "Except to the extent a greater minimum sentence is
otherwise provided by section 841(b) of this title, a term of
imprisonment under this subsection shall be not less than one
year. The mandatory minimum sentencing provisions of this
paragraph shall not apply to offenses involving 5 grams or less of
marihuana."
Pub. L. 99-570, Sec. 1004(a), substituted "term of supervised
release" for "special parole term".
Subsec. (b). Pub. L. 99-646 which directed that "parole" be
inserted after "(2) at least three times any special" could not
be executed in view of prior amendment by Pub. L. 99-570, Sec.
1104(c) below.
Pub. L. 99-570, Sec. 1166(b), which directed that "term of
supervised release" be substituted for "special term" could not
be executed in view of prior amendment by Pub. L. 99-570, Sec.
1104(c) below.
Pub. L. 99-570, Sec. 1104(a), 1841(b)(2), inserted reference to
section 856 of this title, inserted "or manufacturing" after
"distributing" and substituted "a public or private elementary,
vocational, or secondary school or a public or private college,
junior college, or university" for "a public or private
elementary or secondary school".
Pub. L. 99-570, Sec. 1104(c), amended cls. (1) and (2)
generally. Prior to amendment, cls. (1) and (2) read as follows:
"(1) by a term of imprisonment of not less than three years and
not more than life imprisonment and (2) at least three times any
special term authorized by section 841(b) of this title for a
second or subsequent offense involving the same controlled
substance and schedule."
Subsec. (c). Pub. L. 99-570, Sec. 1866(c), substituted reference
to chapter 311 of title 18 for reference to section 4202 of that
title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by section 1004(a) of Pub. L. 99-570 effective on date
of taking effect of section 3583 of Title 18, Crimes and Criminal
Procedure (Nov. 1, 1987), see section 1004(b) of Pub. L. 99-570 set
out as a note under section 841 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 841, 859 of this title;
title 18 section 3592; title 42 section 14051.
-CITE-
21 USC Sec. 861 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part D - Offenses and Penalties
-HEAD-
Sec. 861. Employment or use of persons under 18 years of age in
drug operations
-STATUTE-
(a) Unlawful acts
It shall be unlawful for any person at least eighteen years of
age to knowingly and intentionally -
(1) employ, hire, use, persuade, induce, entice, or coerce, a
person under eighteen years of age to violate any provision of
this subchapter or subchapter II of this chapter;
(2) employ, hire, use, persuade, induce, entice, or coerce, a
person under eighteen years of age to assist in avoiding
detection or apprehension for any offense of this subchapter or
subchapter II of this chapter by any Federal, State, or local law
enforcement official; or
(3) receive a controlled substance from a person under 18 years
of age, other than an immediate family member, in violation of
this subchapter or subchapter II of this chapter.
(b) Penalty for first offense
Any person who violates subsection (a) of this section is subject
to twice the maximum punishment otherwise authorized and at least
twice any term of supervised release otherwise authorized for a
first offense. Except to the extent a greater minimum sentence is
otherwise provided, a term of imprisonment under this subsection
shall not be less than one year.
(c) Penalty for subsequent offenses
Any person who violates subsection (a) of this section after a
prior conviction under subsection (a) of this section has become
final, is subject to three times the maximum punishment otherwise
authorized and at least three times any term of supervised release
otherwise authorized for a first offense. Except to the extent a
greater minimum sentence is otherwise provided, a term of
imprisonment under this subsection shall not be less than one
year. Penalties for third and subsequent convictions shall be
governed by section 841(b)(1)(A) of this title.
(d) Penalty for providing or distributing controlled substance to
underage person
Any person who violates subsection (a)(1) or (2) of this section
(FOOTNOTE 1)
(FOOTNOTE 1) So in original. Probably should be followed by a
dash.
(1) by knowingly providing or distributing a controlled
substance or a controlled substance analogue to any person under
eighteen years of age; or
(2) if the person employed, hired, or used is fourteen years of
age or younger,
shall be subject to a term of imprisonment for not more than five
years or a fine of not more than $50,000, or both, in addition to
any other punishment authorized by this section.
(e) Suspension of sentence; probation; parole
In any case of any sentence imposed under this section,
imposition or execution of such sentence shall not be suspended and
probation shall not be granted. An individual convicted under this
section of an offense for which a mandatory minimum term of
imprisonment is applicable shall not be eligible for parole under
section 4202 of title 18 (FOOTNOTE 2) until the individual has
served the mandatory term of imprisonment as enhanced by this
section.
(FOOTNOTE 2) See References in Text note below.
(f) Distribution of controlled substance to pregnant individual
Except as authorized by this subchapter, it shall be unlawful for
any person to knowingly or intentionally provide or distribute any
controlled substance to a pregnant individual in violation of any
provision of this subchapter. Any person who violates this
subsection shall be subject to the provisions of subsections (b),
(c), and (e) of this section.
-SOURCE-
(Pub. L. 91-513, title II, Sec. 420, formerly Sec. 405B, as added
Pub. L. 99-570, title I, Sec. 1102, Oct. 27, 1986, 100 Stat.
3207-10; amended Pub. L. 100-690, title VI, Sec. 6452(b)(1), 6459,
6470(d), Nov. 18, 1988, 102 Stat. 4371, 4373, 4378; renumbered Sec.
420 and amended Pub. L. 101-647, title X, Sec. 1002(c), 1003(c),
title XXXV, Sec. 3599L, Nov. 29, 1990, 104 Stat. 4827, 4829, 4932.)
-REFTEXT-
REFERENCES IN TEXT
Section 4202 of title 18, referred to in subsec. (e), which, as
originally enacted in Title 18, Crimes and Criminal Procedure,
related to eligibility of prisoners for parole, was repealed and a
new section 4202 enacted as part of the repeal and enactment of a
new chapter 311 (Sec. 4201 et seq.) of Title 18, by Pub. L. 94-233,
Sec. 2, Mar. 15, 1976, 90 Stat. 219. For provisions relating to the
eligibility of prisoners for parole, see section 4205 of Title 18.
Pub. L. 98-473, title II, Sec. 218(a)(5), 235(a)(1), (b)(1), Oct.
12, 1984, 98 Stat. 2027, 2031, 2032, as amended, provided that,
effective on the first day of the first calendar month beginning 36
months after Oct. 12, 1984 (Nov. 1, 1987), chapter 311 of Title 18
is repealed, subject to remaining effective for five years after
Nov. 1, 1987, in certain circumstances. See Effective Date note
set out under section 3551 of Title 18.
-COD-
CODIFICATION
Section was classified to section 845b of this title prior to
renumbering by Pub. L. 101-647.
-MISC3-
AMENDMENTS
1990 - Subsec. (b). Pub. L. 101-647, Sec. 1003(c)(1), which
directed the substitution of "is subject to twice the maximum
punishment otherwise authorized" for "is punishable by a term of
imprisonment up to twice that authorized, or up to twice the fine
authorized, or both," was executed by making the substitution for
"is punishable by a term of imprisonment up to twice that
otherwise authorized, or up to twice the fine otherwise authorized,
or both," to reflect the probable intent of Congress.
Subsec. (c). Pub. L. 101-647, Sec. 3599L, substituted "has
become final" for "have become final".
Pub. L. 101-647, Sec. 1003(c)(2), which directed the substitution
of "is subject to three times the maximum punishment otherwise
authorized" for "is punishable by a term of imprisonment up to
three times that authorized, or up to three times the fine
authorized, or both," was executed by making the substitution for
"is punishable by a term of imprisonment up to three times that
otherwise authorized, or up to three times the fine otherwise
authorized, or both," to reflect the probable intent of Congress.
1988 - Subsec. (a)(3). Pub. L. 100-690, Sec. 6459, added par.
(3).
Subsec. (c). Pub. L. 100-690, Sec. 6452(b)(1), struck out "or
convictions" after "a prior conviction" and inserted at end
"Penalties for third and subsequent convictions shall be governed
by section 841(b)(1)(A) of this title."
Subsec. (e). Pub. L. 100-690, Sec. 6470(d), struck out "required
by section 841(b) of this title" after "mandatory term of
imprisonment".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 841 of this title; title
18 sections 3592, 3663.
-CITE-
21 USC Sec. 862 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part D - Offenses and Penalties
-HEAD-
Sec. 862. Denial of Federal benefits to drug traffickers and
possessors
-STATUTE-
(a) Drug traffickers
(1) Any individual who is convicted of any Federal or State
offense consisting of the distribution of controlled substances
shall -
(A) at the discretion of the court, upon the first conviction
for such an offense be ineligible for any or all Federal benefits
for up to 5 years after such conviction;
(B) at the discretion of the court, upon a second conviction
for such an offense be ineligible for any or all Federal benefits
for up to 10 years after such conviction; and
(C) upon a third or subsequent conviction for such an offense
be permanently ineligible for all Federal benefits.
(2) The benefits which are denied under this subsection shall not
include benefits relating to long-term drug treatment programs for
addiction for any person who, if there is a reasonable body of
evidence to substantiate such declaration, declares himself to be
an addict and submits himself to a long-term treatment program for
addiction, or is deemed to be rehabilitated pursuant to rules
established by the Secretary of Health and Human Services.
(b) Drug possessors
(1) Any individual who is convicted of any Federal or State
offense involving the possession of a controlled substance (as such
term is defined for purposes of this subchapter) shall -
(A) upon the first conviction for such an offense and at the
discretion of the court -
(i) be ineligible for any or all Federal benefits for up to
one year;
(ii) be required to successfully complete an approved drug
treatment program which includes periodic testing to insure
that the individual remains drug free;
(iii) be required to perform appropriate community service;
or
(iv) any combination of clause (i), (ii), or (iii); and
(B) upon a second or subsequent conviction for such an offense
be ineligible for all Federal benefits for up to 5 years after
such conviction as determined by the court. The court shall
continue to have the discretion in subparagraph (A) above. In
imposing penalties and conditions under subparagraph (A), the
court may require that the completion of the conditions imposed
by clause (ii) or (iii) be a requirement for the reinstatement of
benefits under clause (i).
(2) The penalties and conditions which may be imposed under this
subsection shall be waived in the case of a person who, if there is
a reasonable body of evidence to substantiate such declaration,
declares himself to be an addict and submits himself to a long-term
treatment program for addiction, or is deemed to be rehabilitated
pursuant to rules established by the Secretary of Health and Human
Services.
(c) Suspension of period of ineligibility
The period of ineligibility referred to in subsections (a) and
(b) of this section shall be suspended if the individual -
(A) completes a supervised drug rehabilitation program after
becoming ineligible under this section;
(B) has otherwise been rehabilitated; or
(C) has made a good faith effort to gain admission to a
supervised drug rehabilitation program, but is unable to do so
because of inaccessibility or unavailability of such a program,
or the inability of the individual to pay for such a program.
(d) Definitions
As used in this section -
(1) the term "Federal benefit" -
(A) means the issuance of any grant, contract, loan,
professional license, or commercial license provided by an
agency of the United States or by appropriated funds of the
United States; and
(B) does not include any retirement, welfare, Social
Security, health, disability, veterans benefit, public housing,
or other similar benefit, or any other benefit for which
payments or services are required for eligibility; and
(2) the term "veterans benefit" means all benefits provided
to veterans, their families, or survivors by virtue of the
service of a veteran in the Armed Forces of the United States.
(e) Inapplicability of this section to Government witnesses
The penalties provided by this section shall not apply to any
individual who cooperates or testifies with the Government in the
prosecution of a Federal or State offense or who is in a Government
witness protection program.
(f) Indian provision
Nothing in this section shall be construed to affect the
obligation of the United States to any Indian or Indian tribe
arising out of any treaty, statute, Executive order, or the trust
responsibility of the United States owing to such Indian or Indian
tribe. Nothing in this subsection shall exempt any individual
Indian from the sanctions provided for in this section, provided
that no individual Indian shall be denied any benefit under Federal
Indian programs comparable to those described in subsection
(d)(1)(B) or (d)(2) of this section.
(g) Presidential report
(1) On or before May 1, 1989, the President shall transmit to the
Congress a report -
(A) delineating the role of State courts in implementing this
section;
(B) describing the manner in which Federal agencies will
implement and enforce the requirements of this section;
(C) detailing the means by which Federal and State agencies,
courts, and law enforcement agencies will exchange and share the
data and information necessary to implement and enforce the
withholding of Federal benefits; and
(D) recommending any modifications to improve the
administration of this section or otherwise achieve the goal of
discouraging the trafficking and possession of controlled
substances.
(2) No later than September 1, 1989, the Congress shall consider
the report of the President and enact such changes as it deems
appropriate to further the goals of this section.
(h) Effective date
The denial of Federal benefits set forth in this section shall
take effect for convictions occurring after September 1, 1989.
-SOURCE-
(Pub. L. 91-513, title II, Sec. 421, formerly Pub. L. 100-690,
title V, Sec. 5301, Nov. 18, 1988, 102 Stat. 4310; renumbered Sec.
421 of Pub. L. 91-513 and amended Pub. L. 101-647, title X, Sec.
1002(d), Nov. 29, 1990, 104 Stat. 4827.)
-COD-
CODIFICATION
Section was classified to section 853a of this title prior to
renumbering by Pub. L. 101-647.
-MISC3-
AMENDMENTS
1990 - Pub. L. 101-647, Sec. 1002(d)(1), renumbered section 853a
of this title as this section.
Subsec. (a)(1). Pub. L. 101-647, Sec. 1002(d)(2), struck out
"(as such terms are defined for purposes of the Controlled
Substances Act)" after "controlled substances" in introductory
provisions.
-CITE-
21 USC Sec. 862a 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part D - Offenses and Penalties
-HEAD-
Sec. 862a. Denial of assistance and benefits for certain
drug-related convictions
-STATUTE-
(a) In general
An individual convicted (under Federal or State law) of any
offense which is classified as a felony by the law of the
jurisdiction involved and which has as an element the possession,
use, or distribution of a controlled substance (as defined in
section 802(6) of this title) shall not be eligible for -
(1) assistance under any State program funded under part A of
title IV of the Social Security Act (42 U.S.C. 601 et seq.), or
(2) benefits under the food stamp program (as defined in
section 3(h) of the Food Stamp Act of 1977 (7 U.S.C. 2012(h))) or
any State program carried out under the Food Stamp Act of 1977 (7
U.S.C. 2011 et seq.).
(b) Effects on assistance and benefits for others
(1) Program of temporary assistance for needy families
The amount of assistance otherwise required to be provided
under a State program funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.) to the family members
of an individual to whom subsection (a) of this section applies
shall be reduced by the amount which would have otherwise been
made available to the individual under such part.
(2) Benefits under the Food Stamp Act of 1977
The amount of benefits otherwise required to be provided to a
household under the food stamp program (as defined in section
3(h) of the Food Stamp Act of 1977 (7 U.S.C. 2012(h))), or any
State program carried out under the Food Stamp Act of 1977 (7
U.S.C. 2011 et seq.), shall be determined by considering the
individual to whom subsection (a) of this section applies not to
be a member of such household, except that the income and
resources of the individual shall be considered to be income and
resources of the household.
(c) Enforcement
A State that has not exercised its authority under subsection
(d)(1)(A) of this section shall require each individual applying
for assistance or benefits referred to in subsection (a) of this
section, during the application process, to state, in writing,
whether the individual, or any member of the household of the
individual, has been convicted of a crime described in subsection
(a) of this section.
(d) Limitations
(1) State elections
(A) Opt out
A State may, by specific reference in a law enacted after
August 22, 1996, exempt any or all individuals domiciled in the
State from the application of subsection (a) of this section.
(B) Limit period of prohibition
A State may, by law enacted after August 22, 1996, limit the
period for which subsection (a) of this section shall apply to
any or all individuals domiciled in the State.
(2) Inapplicability to convictions occurring on or before August
22, 1996
Subsection (a) of this section shall not apply to a conviction
if the conviction is for conduct occurring on or before August
22, 1996.
(e) "State" defined
For purposes of this section, the term "State" has the meaning
given it -
(1) in section 419(5) of the Social Security Act (42 U.S.C.
619(5)), when referring to assistance provided under a State
program funded under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.), and
(2) in section 3(m) of the Food Stamp Act of 1977 (7 U.S.C.
2012(m)), when referring to the food stamp program (as defined in
section 3(h) of the Food Stamp Act of 1977 (7 U.S.C. 2012(h))) or
any State program carried out under the Food Stamp Act of 1977 (7
U.S.C. 2011 et seq.).
(f) Rule of interpretation
Nothing in this section shall be construed to deny the following
Federal benefits:
(1) Emergency medical services under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.).
(2) Short-term, noncash, in-kind emergency disaster relief.
(3)(A) Public health assistance for immunizations.
(B) Public health assistance for testing and treatment of
communicable diseases if the Secretary of Health and Human
Services determines that it is necessary to prevent the spread of
such disease.
(4) Prenatal care.
(5) Job training programs.
(6) Drug treatment programs.
-SOURCE-
(Pub. L. 104-193, title I, Sec. 115, Aug. 22, 1996, 110 Stat. 2180;
Pub. L. 105-33, title V, Sec. 5516(a), Aug. 5, 1997, 111 Stat.
620.)
-REFTEXT-
REFERENCES IN TEXT
The Social Security Act, referred to in subsecs. (a)(1), (b)(1),
(e)(1), and (f)(1), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as
amended. Part A of title IV of the Act is classified generally to
part A (Sec. 601 et seq.) of subchapter IV of chapter 7 of Title
42, The Public Health and Welfare. Title XIX of the Act is
classified generally to subchapter XIX (Sec. 1396 et seq.) of
chapter 7 of Title 42. For complete classification of this Act to
the Code, see section 1305 of Title 42 and Tables.
The Food Stamp Act of 1977, referred to in subsecs. (a)(2),
(b)(2), and (e)(2), is Pub. L. 88-525, Aug. 31, 1964, 78 Stat. 703,
as amended, which is classified generally to chapter 51 (Sec. 2011
et seq.) of Title 7, Agriculture. For complete classification of
this Act to the Code, see Short Title note set out under section
2011 of Title 7 and Tables.
-COD-
CODIFICATION
Section was enacted as part of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996, and not as part of the
Controlled Substances Act which comprises this subchapter.
-MISC3-
AMENDMENTS
1997 - Subsec. (d)(2). Pub. L. 105-33 substituted "a conviction
if the conviction is for conduct" for "convictions".
EFFECTIVE DATE OF 1997 AMENDMENT
Section 5518(d) of title V of Pub. L. 105-33 provided that: "The
amendments made by this chapter to a provision of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(Pub. L. 104-193) that have not become part of another statute
(chapter 1 (Sec. 5501-5518) of subtitle F of title V of Pub. L.
105-33, amending this section, sections 601 to 603, 604 to 608, 609
to 611, and 612 to 617 of Title 42, The Public Health and Welfare,
and provisions set out as notes under section 612c of Title 7,
Agriculture, and sections 601 and 613 of Title 42) shall take
effect as if the amendments had been included in the provision at
the time the provision became law."
EFFECTIVE DATE
Section effective July 1, 1997, with transition rules relating to
State options to accelerate such date, rules relating to claims,
actions, and proceedings commenced before such date, rules relating
to closing out of accounts for terminated or substantially modified
programs and continuance in office of Assistant Secretary for
Family Support, and provisions relating to termination of
entitlement under AFDC program, see section 116 of Pub. L. 104-193,
as amended, set out as an Effective Date note under section 601 of
Title 42, The Public Health and Welfare.
-CITE-
21 USC Sec. 862b 01/02/01
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part D - Offenses and Penalties
-HEAD-
Sec. 862b. Sanctioning for testing positive for controlled
substances
-STATUTE-
Notwithstanding any other provision of law, States shall not be
prohibited by the Federal Government from testing welfare