84 STAT. 1279 Order. (b) In the case of any individual who has been or may be called to testify or provide other information at any proceeding before a court or grand jury of the United States, the United States district court for the judicial district in which the proceeding is or may be held shall issue, upon the request of the United States attorney for such district, an order requiring such individual to give any testimony or provide any other information which he refuses to give or provide on the basis of his privilege against self-incrimination. (c) A United States attorney may, with the approval of the Attorney General or the Deputy Attorney General, or any Assistant Attorney General designated by the Attorney General, request an order under subsection (b) when in his judgment— (1) the testimony or other information from such individual may be necessary to the public interest; and (2) such individual has refused or is likely to refuse to testify or provide other information on the basis of his privilege against self-incrimination. Ante, p. 1264. 65 Stat. 648. 21 USC 353. Criminal liability, prohibition, exoeption. 62 Stat. 803. Informers, payment. BURDEN OF PROOF; LIABILITIES SEC. 515. (a) (1) It shall not be necessary for the United States to negative any exemption or exception set forth in this title in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this title, and the burden of going forward with the evidence with respect to any such exemption or exception shall be upon the person claiming its benefit. (2) In the case of a person charged under section 404 (a) with the possession of a controlled substance, any label identifying such substance for purposes of section 503(b) (2) of the Federal Food, Drug, and Cosmetic Act shall be admissible in evidence and shall be prima facie evidence that such substance was obtained pursuant to a valid prescription from a practitioner while acting in the course of his professional practice. (b) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this title, he shall be presumed not to be the holder of such registration or form, and the burden of going forward with the evidence with respect to such registration or form shall be upon him. (c) The burden of going forward with the evidence to establish that a vehicle, vessel, or aircraft used in connection with controlled substances in schedule I was used in accordance with the provisions of this title shall be on the persons engaged in such use. (d) Except as provided in sections 2234 and 2235 of title 18, United States Code, no civil or criminal liability shall be imposed by virtue of this title upon any duly authorized Federal officer lawfully engaged in the enforcement of this title, or upon any duly authorized officer of any State, territory, political subdivision thereof, the District of Columbia, or any possession of the United States, who shall be lawfully engaged in the enforcement of any law or municipal ordinance relating to controlled substances. PAYMENTS AND ADVANCES SEC. 516. (a) The Attorney General is authorized to pay any person, from funds appropriated for the Bureau of Narcotics and Dangerous Drugs, for information concerning a violation of this title, such sum or sums of money as he may deem appropriate, without reference to any moieties or rewards to which such person may otherwise be entitled by law. (b) Moneys expended from appropriations of the Bureau of Narcotics and Dangerous Drugs for purchase of controlled substances and subsequently recovered shall be reimbursed to the current appropriation for the Bureau. (c) The Attorney General is authorized to direct the advance of Funds, advancefunds by the Treasury Department in connection with the enforcement ment, authority of this title. of Attorney General. PART F-ADVISORY COMMISSION ESTABLISHMENT OF COMMISSION ON MARIHUANA AND DRUG ABUSE SEC. 601. (a) 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 Membership. 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) (1) The President shall designate one of the members of the Commission as Chairman, and one as Vice Chairman. Seven members Quorum. 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 Travel exfull-time officers or employees of the United States shall serve without penses, etc. 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 pri- Compensation. vate 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 Meetings. the call of a majority of the members thereof. (c) (1) The Commission shall have the power to appoint and fix Personnel. 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. 80 Stat. 443, 5 USC 5101, (2) The Commission may procure, in accordance with the provi- 467. sions of section 3109 of title 5, United States Code, the temporary or 5331. intermittent services of experts or consultants. Persons so employed 35 F. R. 6247. shall receive compensation at a rate to be fixed by the Commission, Experts and but not in excess of $75 per diem, including traveltime. While away consultants. from his home or regular place of business in the performance of 80 Stat. 416. services for the Commission, any such person may be allowed travel Travel expenses, expenses, including per diem in lieu of subsistence, as authorized by etc. section 5703(b) of title 5, United States Code, for persons in the 80 Stat. 499; Government service employed intermittently. 83 Stat. 190. (3) The Commission may secure directly from any department or Information, agency of the United States information necessary to enable it to availability. 84 STAT. 1281 Marihuana, study. Report to President and Drug abuse, and Congress. Expenditures, limitation. Repeals. 79 Stat. 227, 232, 228; 82 Stat. 1361. Penalties. 82 Stat. 1361. 79 Stat. 233. Pub. Law 91-513 - 46 October 27, 1970 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) (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, the number 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) 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) Total expenditures of the Commission shall not exceed $1,000,000. PART G-CONFORMING, TRANSITIONAL AND EFFECTIVE DATE, AND REPEALS AND CONFORMING AMENDMENTS SEC. 701. (a) Sections 201 (v), 301 (q), and 511 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(v), 331(q), 360 (a) are repealed. (b) Subsections (a) and (b) of section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333) are amended to read as follows: "SEC. 303. (a) Any person who violates a provision of section 301 shall be imprisoned for not more than one year or fined not more than $1,000, or both. "(b) Notwithstanding the provisions of subsection (a) of this section, if any person commits such a violation after a conviction of him under this section has become final, or commits such a violation with the intent to defraud or mislead, such person shall be imprisoned for not more than three years or fined not more than $10,000 or both.” (c) Section 304 (a) (2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 334(a) (2)) is amended (1) by striking out clauses (A) and (D), (2) by striking out "of such depressant or stimulant October 27, 1970 47 Pub. Law 91-513 drug or" in clause (C), (3) by adding "and" after the comma at the end of clause (C), and (4) by redesignating clauses (B), (C), and (E) as clauses (A), (B), and (C), respectively. 84 STAT. 1282 (d) Section 304(d) (3) (iii) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 334(d) (3) (iii)) is amended by striking out 79 Stat. 233. "depressant or stimulant drugs or". (e) Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360) is amended (1) in subsection (a) by striking out para- 76 Stat. 794; graph (2), by inserting "and" at the end of paragraph (1), and by 79 Stat. 231. redesignating paragraph (3) as paragraph (2); (2) by striking out "or in the wholesaling, jobbing, or distributing of any depressant or stimulant drug" in the first sentence of subsection (b); (3) by striking out the last sentence of subsection (b); (4) by striking out "or in the wholesaling, jobbing, or distributing of any depressant or stimulant drug" in the first sentence of subsection (c); (5) by striking out the last sentence of subsection (c); (6) by striking out "(1)" in subsection (d) and by inserting a period after "drug or drugs" in that subsection and deleting the remainder of that subsection; and (7) by striking out “AND CERTAIN WHOLESALERS" in the section heading. (f) Section 702 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 372) is amended by striking out "to depressant or stimulant 79 Stat. 234. drugs or" in subsection (e). (g) Section 201 (a) (2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(a)(2)) is amended by inserting a period after 76 Stat. 796; "Canal Zone" the first time these words appear and deleting all there- 82 Stat. 1362. after in such section 201 (a) (2). (h) The last sentence of section 801 (a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(a)) is amended (1) by striking out 52 Stat. 1058. "This paragraph" and inserting in lieu thereof "Clause (2) of the third sentence of this paragraph,", and (2) by striking out "section 2 of the Act of May 26, 1922, as amended (U.S.C. 1934, edition, title 21, sec. 173)" and inserting in lieu thereof "the Controlled Substances Import and Export Act". (i) (1) Section 1114 of title 18, United States Code, is amended by 65 Stat. 721. striking out "the Bureau of Narcotics" and inserting in lieu thereof "the Bureau of Narcotics and Dangerous Drugs". (2) Section 1952 of such title is amended 75 Stat. 498. (A) by inserting in subsection (b) (1) "or controlled substances 18 USC 1952. (as defined in section 102(6) of the Controlled Substances Act)" immediately following "narcotics"; and (B) by striking out "or narcotics" in subsection (c). (j) Subsection (a) of section 302 of the Public Health Service Act Drugs, study. (42 U.S.C. 242 (a)) is amended to read as follows: 58 Stat. 692. "SEC. 302. (a) In carrying out the purposes of section 301 with respect to drugs the use or misuse of which might result in drug abuse or dependency, the studies and investigations authorized therein shall include the use and misuse of narcotic drugs and other drugs. Such studies and investigations shall further include the quantities of crude opium, coca leaves, and their salts, derivatives, and preparations, and other drugs subject to control under the Controlled Substances Act and Controlled Substances Import and Export Act, together with re- Post, p. 1285. serves thereof, necessary to supply the normal and emergency medicinal and scientific requirements of the United States. The results Report to of studies and investigations of the quantities of narcotic drugs or Attorney General. other drugs subject to control under such Acts, together with reserves of such drugs, that are necessary to supply the normal and emergency medicinal and scientific requirements of the United States, shall be Ante, p. 1242. 95-295 - 73 - 5 84 STAT. 1283 Ante, p. 1281. Ante, p. 1247. Ante, p. 1282. 68A Stat. 555. Pub. Law 91-513 · . 48 October 27, 1970 reported not later than the first day of April of each year to the Attorney General, to be used at his discretion in determining manufacturing quotas or importation requirements under such Acts." PENDING PROCEEDINGS SEC. 702. (a) Prosecutions for any violation of law occurring prior to the effective date of section 701 shall not be affected by the repeals or amendments made by such section, or abated by reason thereof. (b) Civil seizures or forfeitures and injunctive proceedings commenced prior to the effective date of section 701 shall not be affected by the repeals or amendments made by such section, or abated by reason thereof. (c) All administrative proceedings pending before the Bureau of Narcotics and Dangerous Drugs on the date of enactment of this Act shall be continued and brought to final determination in accord with laws and regulations in effect prior to such date of enactment. Where a drug is finally determined under such proceedings to be a depressant or stimulant drug, as defined in section 201 (v) of the Federal Food, Drug, and Cosmetic Act, such drug shall automatically be controlled under this title by the Attorney General without further proceedings and listed in the appropriate schedule after he has obtained the recommendation of the Secretary. Any drug with respect to which such a final determination has been made prior to the date of enactment of this Act which is not listed in section 202 within schedules I through V shall automatically be controlled under this title by the Attorney General without further proceedings, and be listed in the appropriate schedule, after he has obtained the recommendations of the Secretary. PROVISIONAL REGISTRATION SEC. 703. (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, and (B) is registered on such day under section 510 of the Federal Food, Drug, and Cosmetic Act or under section 4722 of the Internal Revenue Code of 1954, 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 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 or under such section 4722 (as the case may be) shall be his registration number for purposes of section 303 of this title. (b) The provisions of section 304, 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 or has had his registration denied under such section, or |