October 27, 1970 - 49 Pub. Law 91-513 84 STAT. 1284 (2) such date as may be prescribed by the Attorney General for registration of manufacturers, distributors, or dispensers, as the case may be, whichever occurs first. EFFECTIVE DATES AND OTHER TRANSITIONAL PROVISIONS SEC. 704. (a) Except as otherwise provided in this section, this title shall become effective on the first day of the seventh calendar month that begins after the day immediately preceding the date of enactment. (b) Parts A, B, E, and F of this title, section 702, this section, and sections 705 through 709, shall become effective upon enactment. (c) Sections 305 (relating to labels and labeling), and 306 (relating Ante, p. 1256. to manufacturing quotas) shall become effective on the date specified in subsection (a) of this section, except that the Attorney General may by order published in the Federal Register postpone the effective date of either or both of these sections for such period as he may determine to be necessary for the efficient administration of this title. CONTINUATION OF REGULATIONS SEC. 705. Any orders, rules, and regulations which have been promulgated under any law affected by this title and which are in effect on the day preceding enactment of this title shall continue in effect until modified, superseded, or repealed. SEVERABILITY SEC. 706. If a provision of this Act is held invalid, all valid provisions that are severable shall remain in effect. If a provision of this Act is held invalid in one or more of its applications, the provision shall remain in effect in all its valid applications that are severable. SAVING PROVISION SEC. 707. Nothing in this Act, except this part and, to the extent of any inconsistency, sections 307 (e) and 309 of this title, shall be construed as in any way affecting, modifying, repealing, or superseding the provisions of the Federal Food, Drug, and Cosmetic Act. APPLICATION OF STATE LAW SEC. 708. No provision of this title shall be construed as indicating an intent on the part of the Congress to occupy the field in which that provision operates, including criminal penalties, to the exclusion of any State law on the same subject matter which would otherwise be within the authority of the State, unless there is a positive conflict between that provision of this title and that State law so that the two cannot consistently stand together. APPROPRIATIONS AUTHORIZATIONS SEC. 709. There are authorized to be appropriated for expenses of the Department of Justice in carrying out its functions under this title Publication in 52 Stat. 1040. 21 USC 301. (except section 103) not to exceed $60,000,000 for the fiscal year end- Ante, p. 1245. ing June 30, 1972, $70,000,000 for the fiscal year ending June 30, 1973, and $90,000,000 for the fiscal year ending June 30, 1974. Citation of title. 77A Stat. 11. Ante, p. 1242. Unlawful aots. Exceptions. Ante, p. 1253. TITLE III—IMPORTATION AND EXPORTATION; AMEND- SHORT TITLE SEC. 1000. This title may be cited as the "Controlled Substances Import and Export Act". PART A-IMPORTATION AND EXPORTATION DEFINITIONS SEC. 1001. (a) For purposes of this part (1) The term "import" means, with respect to any article, any bringing in or introduction of such article into any area (whether or not such bringing in or introduction constitutes an importation within the meaning of the tariff laws of the United States). (2) The term "customs territory of the United States" has the meaning assigned to such term by general headnote 2 to the Tariff Schedules of the United States (19 U.S.C. 1202). (b) Each term defined in section 102 of title II shall have the same meaning for purposes of this title as such term has for purposes of title II. IMPORTATION OF CONTROLLED SUBSTANCES SEC. 1002. (a) It shall be unlawful to import into the customs territory of the United States from any place outside thereof (but within the United States), or to import into the United States from any place outside thereof, any controlled substance in schedule I or II of title II, or any narcotic drug in schedule III, IV, or V of title II, except that (1) such amounts of crude opium and coca leaves as the Attorney General finds to be necessary to provide for medical, scientific, or other legitimate purposes, and (2) such amounts of any controlled substance in schedule I or II or any narcotic drug in schedule III, IV, or V that the Attorney General finds to be necessary to provide for the medical, scientific, or other legitimate needs of the United States (A) during an emergency in which domestic supplies of such substance or drug are found by the Attorney General to be inadequate, or (B) in any case in which the Attorney General finds that competition among domestic manufacturers of the controlled substance is inadequate and will not be rendered adequate by the registration of additional manufacturers under section 303, may be so imported under such regulations as the Attorney General shall prescribe. No crude opium may be so imported for the purpose of manufacturing heroin or smoking opium. (b) It shall be unlawful to import into the customs territory of the United States from any place outside thereof (but within the United States), or to import into the United States from any place outside thereof, any nonnarcotic controlled substance in schedule III, IV, V, unless such nonnarcotic controlled substance— or (1) is imported for medical, scientific, or other legitimate uses, and October 27, 1970 - 51 Pub. Law 91-513 (2) is imported pursuant to such notification or declaration requirements as the Attorney General may by regulation prescribe. (c) In addition to the amount of coca leaves authorized to be imported into the United States under subsection (a), the Attorney General may permit the importation of additional amounts of coca leaves. All cocaine and ecgonine (and all salts, derivatives, and preparations from which cocaine or ecgonine may be synthesized or made) contained in such additional amounts of coca leaves imported under this subsection shall be destroyed under the supervision of an authorized representative of the Attorney General. EXPORTATION OF CONTROLLED SUBSTANCES SEC. 1003. (a) It shall be unlawful to export from the United States any narcotic drug in schedule I, II, III, or IV unless (1) it is exported to a country which is a party to- (A) the International Opium Convention of 1912 for the Suppression of the Abuses of Opium, Morphine, Cocaine, and Derivative Drugs, or to the International Opium Convention signed at Geneva on February 19, 1925; or (B) the Convention for Limiting the Manufacture and Regulating the Distribution of Narcotic Drugs concluded at Geneva, July 13, 1931, as amended by the protocol signed at Lake Success on December 11, 1946, and the protocol bringing under international control drugs outside the scope of the convention of July 13, 1931, for limiting the manufacture and regulating the distribution of narcotic drugs (as amended by the protocol signed at Lake Success on December 11, 1946), signed at Paris, November 19, 1948; or (C) the Single Convention on Narcotic Drugs, 1961, signed at New York, March 30, 1961; (2) such country has instituted and maintains, in conformity with the conventions to which it is a party, a system for the control of imports of narcotic drugs which the Attorney General deems adequate; (3) the narcotic drug is consigned to a holder of such permits or licenses as may be required under the laws of the country of import, and a permit or license to import such drug has been issued by the country of import; (4) substantial evidence is furnished to the Attorney General by the exporter that (A) the narcotic drug is to be applied exclusively to medical or scientific uses within the country of import, and (B) there is an actual need for the narcotic drug for medical or scientific uses within such country; and (5) a permit to export the narcotic drug in each instance has been issued by the Attorney General. 84 STAT. 1286 Unlawful acts. 38 Stat. 1912. 61 Stat. 2230. 48 Stat. 1543. 62 Stat. 1796. 2 UST 1629. 18 UST 1407. (b) Notwithstanding subsection (a), the Attorney General may authorize any narcotic drug (including crude opium and coca leaves) in schedule I, II, III, or IV to be exported from the United States Ante, p. 1248. to a country which is a party to any of the international instruments mentioned in subsection (a) if the particular drug is to be applied to a special scientific purpose in the country of destination and the authorities of such country will permit the importation of the particular drug for such purpose. (c) It shall be unlawful to export from the United States any nonnarcotic controlled substance in schedule I or II unless 84 STAT. 1287 Ante, p. 1248. Pub. Law 91-513 - 52 October 27, 1970 (1) it is exported to a country which has instituted and maintains a system which the Attorney General deems adequate for the control of imports of such substances; (2) the controlled substance is consigned to a holder of such permits or licenses as may be required under the laws of the country of import; (3) substantial evidence is furnished to the Attorney General that (A) the controlled substance is to be applied exclusively to medical, scientific, or other legitimate uses within the country to which exported, (B) it will not be exported from such country, and (C) there is an actual need for the controlled substance for medical, scientific, or other legitimate uses within the country; and (4) a permit to export the controlled substance in each instance has been issued by the Attorney General. (d) Notwithstanding subsection (c), the Attorney General may authorize any nonnarcotic controlled substance in schedule I or II to be exported from the United States if the particular substance is to be applied to a special scientific purpose in the country of destination and the authorities of such country will permit the importation of the particular drug for such purpose. (e) It shall be unlawful to export from the United States to any other country any nonnarcotic controlled substance in schedule III or IV or any controlled substance in schedule V unless (1) there is furnished (before export) to the Attorney General documentary proof that importation is not contrary to the laws or regulations of the country of destination; (2) a special controlled substance invoice, in triplicate, accompanies the shipment setting forth such information as the Attorney General may prescribe to identify the parties to the shipment and the means of shipping, and (3) two additional copies of the invoice are forwarded to the Attorney General before the controlled substance is exported from the United States. TRANSSHIPMENT AND IN-TRANSIT SHIPMENT OF CONTROLLED SUBSTANCES SEC. 1004. Notwithstanding sections 1002, 1003, and 1007— (A) be imported into the United States for transshipment to another country, or (B) be transferred or transshipped from one vessel, vehicle, or aircraft to another vessel, vehicle, or aircraft within the United States for immediate exportation, if and only if it is so imported, transferred, or transshipped (i) for scientific, medical, or other legitimate purposes in the country of destination, and (ii) with the prior written approval of the Attorney General (which shall be granted or denied within 21 days of the request). (2) A controlled substance in schedule II, III, or IV may be so imported, transferred, or transshipped if and only if advance notice is given to the Attorney General in accordance with regulations of the Attorney General. POSSESSION ON BOARD VESSELS, ETC., ARRIVING IN OR DEPARTING FROM SEC. 1005. It shall be unlawful for any person to bring or possess on board any vessel or aircraft, or on board any vehicle of a carrier, October 27, 1970 - 53 Pub. Law 91-513 84 STAT. 1288 arriving in or departing from the United States or the customs territory of the United States, a controlled substance in schedule I or II or a narcotic drug in schedule III or IV, unless such substance or Ante, p. 1248. drug is a part of the cargo entered in the manifest or part of the official supplies of the vessel, aircraft, or vehicle. EXEMPTION AUTHORITY SEC. 1006. (a) The Attorney General may by regulation exempt from sections 1002 (a) and (b), 1003, 1004, and 1005 any individual who has a controlled substance (except a substance in schedule I) in his possession for his personal medical use, or for administration to an animal accompanying him, if he lawfully obtained such substance and he makes such declaration (or gives such other notification) as the Attorney General may by regulation require. (b) The Attorney General may by regulation except any compound, mixture, or preparation containing any depressant or stimulant substance listed in paragraph (a) or (b) of schedule III or in schedule IV or V from the applicaton of all or any part of this title if (1) the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant or stimulant effect on the central nervous system, and (2) such ingredients are included therein in such combinations, quantity, proportion, or concentration as to vitiate the potential for abuse of the substances which do have a depressant or stimulant effect on the central nervous system. PERSONS REQUIRED TO REGISTER SEC. 1007. (a) No person may (1) import into the customs territory of the United States from any place outside thereof (but within the United States), or import into the United States from any place outside thereof, any controlled substance, or (2) export from the United States any controlled substance in schedule I, II, III, or IV, unless there is in effect with respect to such person a registration issued by the Attorney General under section 1008, or unless such person is exempt from registration under subsection (b). (b) (1) The following persons shall not be required to register under the provisions of this section and may lawfully possess a controlled substance: (A) An agent or an employee of any importer or exporter registered under section 1008 if such agent or employee is acting in the usual course of his business or employment. (B) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of his business or employment. (C) An ultimate user who possesses such substance for a purpose specified in section 102 (25) and in conformity with an exemption granted under section 1006 (a). (2) The Attorney General may, by regulation, waive the requirement for registration of certain importers and exporters if he finds it consistent with the public health and safety; and may authorize any such importer or exporter to possess controlled substances for purposes of importation and exportation. Ante, p. 1245. |