CONTROLLED SUBSTANCES ACT 1 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. 2 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. Sec. 204. Removal of exemption of certain drugs. PART C-REGISTRATION OF MANUFACTURERS, DISTRIBUTORS, AND DISPENSERS OF CONTROLLED SUBSTANCES; PIPERIDINE REPORTING 3 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. 310.4 Regulation of listed chemicals and certain machines. PART D-OFFENSES AND PENALTIES Sec. 401. Prohibited acts A-penalties. Sec. 404. Penalty for simple possession; conditional discharge and expunging of records for first offense. 5 405.4 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. Transportation safety offenses. Sec. 410. Information for sentencing. Sec. 411. Proceedings to establish previous convictions. Sec. 412. Application of treaties and other international agreements. Sec. 413. Criminal forfeitures. Sec. 414. Investment of illicit drug profits. Sec. 415. Alternative fine. 1Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public Law 91-513). 2 Section 103 was repealed by section 1(b) of Public Law 95-137 without a corresponding amendment to the table of contents. 3 See footnote to part C set out below. 4 So in law. Probably should be preceded by "Sec." 5 So in law. Probably should be "Penalty for simple possession." See the heading for section 404 set out below. Sec. 416. Maintaining drug-involved premises. 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. Sec. 423. Anhydrous ammonia. 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. 517.1 Coordination and consolidation of post-seizure administration. 518.1 Expedited procedures for seized conveyances. 519.1 Production control of controlled substances. 4 3 Sec. 520. Review of Federal sales of chemicals usable to manufacture controlled substances. 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. Probably should be preceded by "Sec.". 2 So in law. Probably should be "Employment or use of persons under 18 years of age in drug operations." See the heading for section 420 set out below. Section 2(c)(3) of Public Law 106-185 (114 Stat. 21) repealed section 518, but did not make a conforming amendment to the table of contents. 4 So in law. Probably should be "Controlled substances production control.". See the heading for section 519 set out below. TITLE II-CONTROL AND ENFORCEMENT 1 PART A SHORT TITLE; FINDINGS AND DECLARATION; DEFINITIONS SHORT TITLE SEC. 100. [21 U.S.C. 801 note] This title may be cited as the "Controlled Substances Act". FINDINGS AND DECLARATIONS SEC. 101. [21 U.S.C. 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. 1 Section 4 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (42 U.S.C. 290bb-2a) provides as follows: "The Secretary of Health, Education, and Welfare, after consultation with the Attorney General and with national organizations representative of persons with knowledge and experience in the treatment of narcotic addicts, shall determine the appropriate methods of professional practice in the medical treatment of the narcotic addiction of various classes of narcotic addicts, and shall report thereon from time to time to the Congress.". Section 602 of Public Law 89-793 (42 U.S.C. 3402) provides as follows: "The Surgeon General and the Attorney General are authorized to give representatives of States and local subdivisions thereof the benefit of their experience in the care, treatment, and rehabilitation of narcotic addicts so that each State may be encouraged to provide adequate facilities and personnel for the care and treatment of narcotic addicts in its jurisdiction.". Reorganization Plan No. 3 of 1966 transferred all statutory powers and functions of the Surgeon General, and other officers of the Public Health Service, to the Secretary of Health, Education, and Welfare. Section 509(b) of the Department of Education Organization Act (20 U.S.C. 3508(b)) provides that_references to the Secretary of Health, Education, and Welfare shall be deemed to refer to the Secretary of Health and Human Services. (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. DEFINITIONS SEC. 102. [21 U.S.C. 802] As used in this title: (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 title, 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 title. 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 1954. (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 system; 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 201(g)(1) of the Federal Food, Drug, and Cosmetic Act. (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. |