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October 27, 1970

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Pub. Law 91-513

SCHEDULE II

84 STAT. 1250

or chemical synthesis.

(a) Unless specifically excepted or unless listed in another Substances, schedule, any of the following substances whether produced vegetable origin 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 leaves and any salt, compound, deriva-
tive, or preparation of coca leaves, and any salt, com-
pound, 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.

(b) Unless specifically excepted or unless listed in another Opiates.
schedule, any of the following opiates, including their iso-
mers, 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-4phenylpiperidine.

(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 Methampheta

schedule, any injectable liquid which contains any quantity

of methamphetamine, including its salts, isomers, and salts
of isomers.

mine.

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Sec. 501. Procedures.

Sec. 502. Education and research programs of the Attorney General.

Sec. 503. Cooperative arrangements.

Sec. 504. Advisory committees.

Sec. 505. Administrative hearings.

Sec. 506. Subpenas.

Sec. 507. Judicial review.

Sec. 508. Powers of enforcement personnel.

Sec. 509. Search warrants.

Sec. 510. Administrative inspections and warrants.

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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. Appropriations authorizations.

TITLE III-IMPORTATION AND EXPORTATION; AMENDMENTS AND
REPEALS OF REVENUE LAWS

Sec. 1000. Short title.

PART A-IMPORTATION AND EXPORTATION

Sec. 1001. Definitions.

Sec. 1002. Importation of controlled substances.
Sec. 1003. Exportation of controlled substances.

Sec. 1004. Transshipment and in-transit shipment of controlled substances.

Sec. 1005. Possession on board vessels, etc., arriving in or departing from United

States.

Sec. 1006. Exemption authority.

Sec. 1007. Persons required to register.

Sec. 1008. Registration requirements.

Sec. 1009. Manufacture or distribution for purposes of unlawful importation.

Sec. 1010. Prohibited acts A-penalties.

Sec. 1011. Prohibited acts B-penalties.

Sec. 1012. Second or subsequent offenses.

Sec. 1013. Attempt and conspiracy.

Sec. 1014. Additional penalties.

Sec. 1015. Applicability of part E of title II.

Sec. 1016. Authority of Secretary of Treasury.

PART B-AMENDMENTS AND REPEALS, TRANSITIONAL AND EFFECTIVE DATE

Sec. 1101. Repeals.

PROVISIONS

Sec. 1102. Conforming amendments.

Sec. 1103. Pending proceedings.

Sec. 1104. Provisional registration.

Sec. 1105. Effective dates and other transitional provisions.

TITLE IV-REPORT ON ADVISORY COUNCILS

Sec. 1200. Report on advisory councils.

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PROGRAMS UNDER COMMUNITY MENTAL HEALTH CENTERS ACT RELATING
TO DRUG ABUSE

SECTION 1. (a) Part D of the Community Mental Health Centers
Act is amended as follows:

(1) Sections 251, 252, and 253 of such part (42 U.S.C. 2688k, 26881, and 2688m) are each amended by inserting "and other persons with 82 Stat. 1009. drug abuse and drug dependence problems" immediately after "nar

cotic addicts" each place those words appear in those sections.

(2) Clauses (A) and (C) of section 252 of such part are each amended by inserting ", drug abuse, and drug dependence" immediately after "narcotic addiction".

(3) The heading for such part is amended to read as follows:

"PART D-NARCOTIC ADDICTION, Drug Abuse, and Drug DepeNDENCE PREVENTION AND REHABILITATION”.

(b) Part E of such Act is amended as follows:

(1) Section 261(a) of such part (42 U.S.C. 26880) is amended by 82 Stat. 1010; striking out "$30,000,000 for the fiscal year ending June 30, 1971, Ante, p. 57. $35,000,000 for the fiscal year ending June 30, 1972, and $40,000,000 for the fiscal year ending June 30, 1973” and inserting in lieu thereof $40,000,000 for the fiscal year ending June 30, 1971, $60,000,000 for the fiscal year ending June 30, 1972, and $80,000,000 for the fiscal year ending June 30, 1973".

(2) Section 261 (a) of such part is further amended by inserting ", drug abuse, and drug dependence" immediately after "narcotic

addiction".

(3) Sections 261 (c) and 264 are each amended by inserting "and Ante, pp. 58, other persons with drug abuse and drug dependence problems" imme- 61. diately after "narcotic addicts".

(4) The section headings for sections 261 and 263 are each amended by striking out "AND NARCOTIC ADDICTS" and inserting in lieu thereof

*, NARCOTIC ADDICTS, AND OTHER PERSONS WITH DRUG ABUSE AND DRUG DEPENDENCE PROBLEMS".

(c) Part D of such Act is further amended by redesignating sections

253 and 254 as sections 254 and 255, respectively, and by adding after 42 USC 2688n. section 252 the following new section:

"DRUG ABUSE EDUCATION

"SEC. 253. (a) The Secretary is authorized to make grants to States Grants. and political subdivisions thereof and to public or nonprofit private Contract auagencies and organizations, and to enter into contracts with other pri- thority. vate agencies and organizations, for

(1) the collection, preparation, and dissemination of educational materials dealing with the use and abuse of drugs and the prevention of drug abuse, and

(2) the development and evaluation of programs of drug abuse education directed at the general public, school-age children, and special high-risk groups.

(b) The Secretary, acting through the National Institute of Mental Health, shall (1) serve as a focal point for the collection and dissemination of information related to drug abuse; (2) collect, prepare, and disseminate materials (including films and other educational devices) dealing with the abuse of drugs and the prevention of drug

Pub. Law 91-513

84 STAT. 1239

Personnel training.

Appropriation.

82 Stat. 1009; Ante, p.1238. 42 USC 2688k.

Grants, treatment and rehabilitation.

Conditions.

Limitation.

77 Stat. 291; 81 Stat. 79. 42 USC 2684.

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abuse; (3) provide for the preparation, production, and conduct of programs of public education (including those using films and other educational devices); (4) train professional and other persons to organize and participate in programs of public education in relation to drug abuse; (5) coordinate activities carried on by such departments, agencies, and instrumentalities of the Federal Government as he shall designate with respect to health education aspects of drug abuse; (6) provide technical assistance to State and local health and educational agencies with respect to the establishment and implementation of programs and procedures for public education on drug abuse; and (7) undertake other activities essential to a national program for drug abuse education.

"(c) The Secretary, acting through the National Institute of Mental Health, is authorized to develop and conduct workshops, institutes, and other activities for the training of professional and other personnel to work in the area of drug abuse education.

"(d) To carry out the purposes of this section, there are authorized to be appropriated $3,000,000 for the fiscal year ending June 30, 1971, $12,000,000 for the fiscal year ending June 30, 1972, and $14,000,000 for the fiscal year ending June 30, 1973.”

(d) Such part D is further amended by adding at the end thereof the following new section:

"SPECIAL PROJECTS FOR NARCOTIC ADDICTS AND DRUG DEPENDENT PERSONS

"SEC. 256. (a) The Secretary is authorized to make grants to public or nonprofit private agencies and organizations to cover a portion of the costs of programs for treatment and rehabilitation of narcotic addicts or drug dependent persons which include one or more of the following: (1) Detoxification services or (2) institutional services (including medical, psychological, educational, or counseling services) or (3) community-based aftercare services.

"(b) Grants under this section for the costs of any treatment and rehabilitation program

"(1) may be made only for the period beginning with the first day of the first month for which such a grant is made and ending with the close of eight years after such first day; and

"(2)(A) except as provided in subparagraph (B), may not exceed 80 per centum of such costs for each of the first two years after such first day, 75 per centum of such costs for the third year after such first day, 60 per centum of such costs for the fourth year after such first day, 45 per centum of such costs for the fifth year after such first day, and 30 per centum of such costs for each of the next three years after such first day; and

"(B) in the case of any such program providing services for persons in an area designated by the Secretary as an urban or rural poverty area, such grants may not exceed 90 per centum of such costs for each of the first two years after such first day, 80 per centum of such costs for the third year after such first day, 75 per centum of such costs for the fourth and fifth years after such first day, and 70 per centum of such costs for each of the next three years after such first day.

"(c) No application for a grant authorized by this section shall be approved by the Secretary unless such application is forwarded through the State agency responsible for administering the plan submitted pursuant to section 204 of this Act or, if there be a separate State agency, designated by the Governor as responsible for planning, coordinating, and executing the State's efforts in the treatment and

October 27, 1970

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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
FOR PERSONS WITH DRUG ABUSE AND OTHER DRUG DEPENDENCE PROBLEMS

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 42 USC 258-260, 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.

261.

(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".

1243.

(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 Controlled Substances Act) and who is in a state of psychic or physical Post, p. 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."

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