October 27, 1970 - 5 Pub. Law 91-513 rehabilitation of narcotic addicts and drug dependent persons, through such latter agency, which shall submit to the Secretary such comments as it deems appropriate. No application for a grant under this section for a program to provide services for persons in an area in which is located a facility constructed as a new facility after the date of enactment of this section with funds provided under a grant under part A or this part shall be approved unless such application contains satisfactory assurance that, to the extent feasible, such program will be included as part of the programs conducted in or through such facility. 84 STAT. 1240 "(d) The Secretary shall make grants under this section for projects Criteria. within the States in accordance with criteria determined by him designed to provide priority for grant applications in States, and in areas within the States, having the higher percentages of population who are narcotic addicts or drug dependent persons. "(e) There are authorized to be appropriated to carry out this Appropriation. section not to exceed $20,000,000 for the fiscal year ending June 30, 1971; $30,000,000 for the fiscal year ending June 30, 1972; and $35,000,000 for the fiscal year ending June 30, 1973." BROADER TREATMENT AUTHORITY IN PUBLIC HEALTH SERVICE HOSPITALS SEC. 2. (a) Part E of title III of the Public Health Service Act is amended as follows: (1) Section 341 (a) of such part is amended by adding immediately 80 Stat. 1449. after "addicts" the second time it appears the following: "and other 42 USC 257. persons with drug abuse and drug dependence problems". (2)(A) Sections 342, 343, 344, and 346 of such part are each 58 Stat. 699; amended by inserting "or other persons with drug abuse and drug 68 Stat. 79. dependence problems" immediately after "addicts" each place it 261. appears in those sections. (B) The section heading of section 342 of such part is amended by inserting "OR OTHER PERSONS WITH DRUG ABUSE AND DRUG DEPENDENCE PROBLEMS" after "ADDICTS". (3) Sections 343 and 344 of such part are each amended by inserting "or other person with a drug abuse or other drug dependence problem immediately after "addict" each place it appears in those sections. 42 USC 258-260, (4) Sections 343, 344, and 347 of such part are each amended by 42 USC 261a. inserting ", drug abuse, or drug dependence" immediately after "addiction" each place it appears in those sections. (5) Section 346 of such part is amended by inserting "or substance controlled under the Controlled Substances Act" immediately after Post, p. 1242. "habit-forming narcotic drug". (6) The heading for such part is amended to read as follows: "PART E-NARCOTIC ADDICTS AND OTHER DRUG ABUSERS". (b) Section 2 of the Public Health Service Act (42 U.S.C. 201) is 58 Stat. 682; amended by adding after paragraph (p) the following new paragraph: 74 Stat. 34. "(q) The term 'drug dependent person' means a person who is using a controlled substance (as defined in section 102 of the Con trolled Substances Act) and who is in a state of psychic or physical Post, p. 1243. dependence, or both, arising from the use of that substance on a continuous basis. Drug dependence is characterized by behavioral and other responses which include a strong compulsion to take the substance on a continuous basis in order to experience its psychic effects or to avoid the discomfort caused by its absence." Pub. Law 91-513 84 STAT. 1241 - 6 October 27, 1970 Research populations, protection of identity. 70 Stat. 929. 80 Stat. 1184. 42 USC 246. 81 Stat. 79. 77 Stat. 190. 42 USC 2681 note. Report to RESEARCH UNDER THE PUBLIC HEALTH SERVICE ACT IN DRUG USE, SEC. 3. (a) Section 303(a) of the Public Health Service Act (42 U.S.C. 242a (a)) is amended by adding after and below paragraph (2) the following: "The Secretary may authorize persons engaged in research on the use and effect of drugs to protect the privacy of individuals who are the subject of such research by withholding from all persons not connected with the conduct of such research the names or other identifying characteristics of such individuals. Persons so authorized to protect the privacy of such individuals may not be compelled in any Federal, State, or local civil, criminal, administrative, legislative, or other proceedings to identify such individuals.” (b) Section 314(d)(2) of the Public Health Service Act is amended (1) by striking out "and" at the end of subparagraph (I); (2) by striking out the period at the end of subparagraph (J) and inserting in lieu thereof "; and"; and (3) by adding after subparagraph (J) the following new subparagraph: "(K) provide for services for the prevention and treatment of drug abuse and drug dependence, commensurate with the extent of the problem." (c) Section 507 of the Public Health Service Act (42 U.S.C. 225a) is amended (1) by striking out "available for research, training, or demonstration project grants pursuant to this Act" and inserting in lieu thereof "available under this Act for research, training, or demonstration project grants or for grants to expand existing treatment and research programs and facilities for alcoholism, narcotic addiction, drug abuse, and drug dependence, and appropriations available under the Community Mental Health Centers Act for construction and staffing of community mental health centers and alcoholism and narcotic addiction, drug abuse, and drug dependence facilities", and (2) by inserting immediately before the period at the end thereof the following: ", except that grants to such Federal institutions may be funded at 100 per centum of the costs”. MEDICAL TREATMENT OF NARCOTIC ADDICTION SEC. 4. 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. October 27, 1970 - 7 Pub. Law 91-513 84 STAT. 1242 TITLE II-CONTROL AND ENFORCEMENT PART A-SHORT TITLE; FINDINGS AND DECLARATION; DEFINITIONS SHORT TITLE SEC. 100. This title may be cited as the "Controlled Substances Act". Citation of FINDINGS AND DECLARATIONS SEC. 101. 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. title. (7) The United States is a party to the Single Convention on Narcotic Drugs, 1961, and other international conventions designed to 18 UST 1407. establish effective control over international and domestic traffic in controlled substances. DEFINITIONS SEC. 102. 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, 84 STAT. 1243 Post, p. 1247. 68A Stat. 595. 26 USC 5001. 52 Stat. 1050. Pub. Law 91-513 - 8 October 27, 1970 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 "Bureau of Narcotics and Dangerous Drugs" means the Bureau of Narcotics and Dangerous Drugs 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, whether or not there exists an agency relationship. (9) The term "depressant or stimulant substance" means (A) a drug which contains any quantity of (i) barbituric acid or any of the salts of barbituric acid; or (ii) any derivative of barbituric acid which has been designated by the Secretary as habit forming under section 502(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352(d)); 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. The term "distributor" means a person who so delivers a controlled substance. October 27, 1970 - 9 Pub. Law 91-513 84 STAT. 1244 52 Stat. 1041; (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 clas- 79 Stat. 234. sified by applicable Federal or State law as a felony. (14) 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. (15) 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. (16) 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, coca leaves, and opiates. (B) A compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or opiates. (C) A substance (and any compound, manufacture, salt, derivative, or preparation thereof) which is chemically identical with any of the substances referred to in clause (A) or (B). Such term does not include decocainized coca leaves or extracts of coca leaves, which extracts do not contain cocaine or ecgonine. (17) 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. (18) The term "opium poppy" means the plant of the species Papaver somniferum L., except the seed thereof. (19) The term "poppy straw" means all parts, except the seeds, of the opium poppy, after mowing. (20) 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. (21) The term "production" includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. 21 USC 321. 91-486 0-73- -3 |