CONTROLLED SUBSTANCES ACT (References in brackets [ ] are to title 21, United States Code) [Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970] TABLE OF CONTENTS TITLE II-CONTROL AND ENFORCEMENT PART A-SHORT TITLE; FINDINGS AND DECLARATION; DEFINITIONS Sec. 100. Short title. Sec. 101. Findings and declarations. Sec. 102. Definitions. Sec. 103. Increased numbers of enforcement personnel. 1 PART B-AUTHORITY TO CONTROL; STANDARDS AND SCHEDULES Sec. 201. Authority and criteria for classification of substances. Sec. 202. Schedules of controlled substances. Sec. 203. Treatment of controlled substances analogues. PART C-REGISTRATION OF MANUFACTURERS, DISTRIBUTORS, AND DISPENSERS OF CONTROLLED SUBSTANCES; PIPERIDINE REPORTING Sec. 301. Rules and regulations. Sec. 302. Persons required to register. Sec. 303. Registration requirements. Sec. 304. Denial, revocation, or suspension of registration. Sec. 305. Labeling and packaging requirements. Sec. 306. Quotas applicable to certain substances. Sec. 307. Records and reports of registrants. Sec. 308. Order forms. Sec. 309. Prescriptions. 310.2 Regulation of listed chemicals and certain machines. PART D-OFFENSES AND PENALTIES Sec. 401. Prohibited acts A-penalties. Sec. 403. Prohibited acts C-penalties. Sec. 404. Penalty for simple possession; conditional discharge and expunging of records for first offense. 3 405.2 Civil penalty for possession of small amounts of certain controlled substances.. Sec. 406. Attempt and conspiracy. Sec. 407. Additional penalties. Sec. 408. Continuing criminal enterprise. Sec. 409. Dangerous special drug offender sentencing. 4 Sec. 410. Information for sentencing. Sec. 411. Proceedings to establish previous convictions. Sec. 412. Application of treaties and other international agreements. 1 Section 103 was repealed by section 1(b) of Public Law 95-137 without a corresponding amendment to the table of contents. 2 So in law, the word "Sec." was omitted. 3 Probably should be "Penalty for simple possession." 4 Section 409 was repealed by section 219 of Public Law 98-473 without a corresponding amendment to the table of contents. Sec. 413. Criminal forfeitures. Sec. 414. Investment of illicit drug profits. Sec. 415. Alternative fine. 416.1 Establishment of manufacturing operations. 417.1 Endangering human life while illegally manufacturing a controlled substance. 418.1 Distribution to persons under age twenty-one. 419.1 Distribution or manufacturing in or near schools and colleges. 420.1 Employment of persons under 18 years of age. 2 421.1 Denial of Federal benefits to drug traffickers and possessors. Sec. 422. Drug paraphernalia. 3 TITLE II-CONTROL AND ENFORCEMENT CONTINUED PART E-ADMINISTRATIVE AND ENFORCEMENT PROVISIONS Sec. 501. Procedures. Sec. 502. Education and research programs of the Attorney General. Sec. 504. Advisory committees. Sec. 505. Administration hearings. Sec. 506. Subpenas. Sec. 507. Judicial review. Sec. 508. Powers of enforcement personnel. Sec. 509. Search warrants. Sec. 510. Administrative inspections and warrants. Sec. 511. Forfeitures. Sec. 512. Injunctions. Sec. 513. Enforcement proceedings. Sec. 514. Immunity and privilege. Sec. 515. Burden of proof; liabilities. Sec. 516. Payments and advances. 517.1 Coordination and consolidation of post-seizure administration. 518.1 Expedited procedures for seized conveyances. 519.1 Production control of controlled substances.4 PART F-ADVISORY COMMISSION Sec. 601. Establishment of Commission on Marihuana and Drug Abuse. PART G-CONFORMING, TRANSITIONAL, AND EFFECTIVE DATE, AND GENERAL PROVISIONS Sec. 701. Repeals and conforming amendments. Sec. 702. Pending proceedings. Sec. 703. Provisional registration. Sec. 704. Effective dates and other transitional provisions. Sec. 705. Continuation of regulations. Sec. 706. Severability. Sec. 707. Saving provision. Sec. 708. Application of State law. Sec. 709. Payment of tort claims. 1 So in law, the word "Sec." was omitted. 2 Probably should be "Employment or use of persons under 18 years of age in drug operations.". Editorially supplied. *So in law, the new table of content sec. 519 doesn't read same as head of new section 519, which was added by P.L. 101-647, Nov. 19, 1990, sec. 1001(h)(1), probably should read "Controlled substances production control”. TITLE II-CONTROL AND ENFORCEMENT PART A SHORT TITLE; FINDINGS AND DECLARATION; DEFINITIONS SHORT TITLE SEC. 100. [801n] This title may be cited as the "Controlled Substances Act". FINDINGS AND DECLARATIONS SEC. 101. [801] The Congress makes the following findings and declarations: (1) Many of the drugs included within this title 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 |