801. Congressional findings and
declarations: controlled substances.
801a. Congressional findings and
declarations: psychotropic substances.
802. Definitions.
803. Repealed.
811. Authority and criteria for
classification of substances.
(a) Rules and regulations of Attorney
General; hearing.
(b) Evaluation of drugs and other
substances.
(c) Factors determinative of control
or removal from schedules.
(d) International treaties,
conventions, and protocols requiring control; procedures respecting changes in
drug
schedules of Convention on Psychotropic Substances.
(e) Immediate precursors.
(f) Abuse potential.
(g) Exclusion of non-narcotic
substances sold over the counter without a prescription; dextromethorphan;
exemption
of substances lacking abuse potential.
(h) Temporary scheduling to avoid
imminent hazards to public safety.
812. Schedules of controlled
substances.
(a) Establishment.
(b) Placement on schedules; findings
required.
(c) Initial schedules of controlled
substances.
813. Treatment of controlled
substance analogues.
814. Removal of exemption of certain
drugs.
(a) Removal of exemption.
(b) Factors to be considered.
(c) Specificity of designation.
(d) Reinstatement of exemption with
respect to particular drug products.
(e) Reinstatement of exemption with
respect to ephedrine, pseudoephedrine, and phenylpropanolamine
drug
products.
821. Rules and regulations.
822. Persons required to register.
(a) Period of registration.
(b) Authorized activities.
(c) Exceptions.
(d) Waiver.
(e) Separate registration.
(f) Inspection.
823. Registration requirements.
(a) Manufacturers of controlled
substances in schedule I or II.
(b) Distributors of controlled
substances in schedule I or II.
(c) Limits of authorized activities.
(d) Manufacturers of controlled
substances in schedule III, IV, or V.
(e) Distributors of controlled
substances in schedule III, IV, or V.
(f) Research by practitioners;
pharmacies; research applications; construction of Article 7 of the
Convention
on Psychotropic Substances.
(g) Practitioners dispensing
narcotic drugs for narcotic treatment; annual registration; separate
registration;
qualifications; waiver.
(h) Applicants for distribution of
list I chemicals.
824. Denial, revocation, or
suspension of registration.
(a) Grounds.
(b) Limits of revocation or
suspension.
(c) Service of show cause order;
proceedings.
(d) Suspension of registration in
cases of imminent danger.
(e) Suspension and revocation of
quotas.
(f) Disposition of controlled
substances or list I chemicals.
(g) Seizure or placement under seal
of controlled substances or list I chemicals.
825. Labeling and packaging.
(a) Symbol.
(b) Unlawful distribution without
identifying symbol.
(c) Warning on label.
(d) Containers to be securely
sealed.
826. Production quotas for controlled
substances.
(a) Establishment of total annual
needs.
(b) Individual production quotas;
revised quotas.
(c) Manufacturing quotas for
registered manufacturers.
(d) Quotas for registrants who have
not manufactured controlled substance during one or more preceding
years.
(e) Quota increases.
(f) Incidental production exception.
827. Records and reports of
registrants.
(a) Inventory.
(b) Availability of records.
(c) No applicability.
(d) Periodic reports to Attorney
General.
(e) Reporting and recordkeeping
requirements of drug conventions.
(f) Investigational uses of drugs;
procedures.
(g) Change of address.
(h) Reporting requirements for GHB.
828. Order forms.
(a) Unlawful distribution of
controlled substances.
(b) No applicability of provisions.
(c) Preservation and availability.
(d) Issuance.
(e) Unlawful acts.
829. Prescriptions.
(a) Schedule II substances.
(b) Schedule III and IV substances.
(c) Schedule V substances.
(d) Non-prescription drugs with
abuse potential.
830. Regulation of listed chemicals
and certain machines.
(a) Record of regulated
transactions.
(b) Reports to Attorney General.
(c) Confidentiality of information
obtained by Attorney General; non-disclosure; exceptions.
841. Prohibited acts A.
(a) Unlawful acts.
(b) Penalties.
(c) Offenses involving listed
chemicals.
(d) Boobytraps on Federal property;
penalties; ''boobytrap'' defined.
(e) Ten-year injunction as
additional penalty.
(f) Wrongful distribution or possession of
listed chemicals.
842. Prohibited acts B.
(a) Unlawful acts.
(b) Manufacture.
(c) Penalties.
843. Prohibited acts C.
(a) Unlawful acts.
(b) Communication facility.
(c) Advertisement.
(d) Penalties.
(e) Additional penalties.
(f) Injunctions.
844. Penalties for simple possession.
(a) Unlawful acts; penalties.
(b) Repealed.
(c) ''Drug, narcotic, or chemical
offense'' defined.
844a. Civil penalty for possession of
small amounts of certain controlled substances.
(a) In general.
(b) Income and net assets.
(c) Prior conviction.
(d) Limitation on number of
assessments.
(e) Assessment.
(f) Compromise.
(g) Judicial review.
(h) Civil action.
(i) Limitation.
(j) Expungement procedures.
845 to 845b.
Transferred.
846. Attempt and conspiracy.
847. Additional penalties.
848. Continuing criminal enterprise.
(a) Penalties; forfeitures.
(b) Life imprisonment for engaging
in continuing criminal enterprise.
(c) ''Continuing criminal
enterprise'' defined.
(d) Suspension of sentence and
probation prohibited.
(e) Death penalty.
(g) Hearing required with respect to
death penalty.
(h) Notice by Government in death
penalty cases.
(i) Hearing before court or jury.
(j) Proof of aggravating and
mitigating factors.
(k) Return of findings.
(l) Imposition of sentence.
(m) Mitigating factors.
(n) Aggravating factors for
homicide.
(o) Right of defendant to justice
without discrimination.
(p) Sentencing in capital cases in
which death penalty is not sought or imposed.
(q) Appeal in capital cases; counsel
for financially unable defendants.
(r) Refusal to participate by State
and Federal correctional employees.
849. Transportation safety offenses.
(a) Definitions.
(b) First offense.
(c) Subsequent offense.
850. Information for sentencing.
851. Proceedings to establish prior
convictions.
(a) Information filed by United
States Attorney.
(b) Affirmation or denial of
previous conviction.
(c) Denial; written response;
hearing.
(d) Imposition of sentence.
(e) Statute of limitations.
852. Application of treaties and
other international agreements.
853. Criminal forfeitures.
(a) Property subject to criminal
forfeiture.
(b) Meaning of term ''property''.
(c) Third party transfers.
(d) Rebuttable presumption.
(e) Protective orders.
(f) Warrant of seizure.
(g) Execution.
(h) Disposition of property.
(i) Authority of the Attorney
General.
(j) Applicability of civil
forfeiture provisions.
(k) Bar on intervention.
(l) Jurisdiction to enter orders.
(m) Depositions.
(n) Third party interests.
(o) Construction.
(p) Forfeiture of substitute
property.
(q) Restitution for cleanup of clandestine
laboratory sites.
853a. Transferred.
854. Investment of illicit drug
profits.
(a) Prohibition.
(b) Penalty.
(c) ''Enterprise'' defined.
(d) Construction.
855. Alternative fine.
856. Establishment of manufacturing
operations.
(a) Unlawful acts.
(b) Penalties.
(c) Violation as offense against
property.
857. Repealed.
858. Endangering human life while
illegally manufacturing controlled substance.
859. Distribution to persons under
age twenty-one.
(a) First offense.
(b) Second offense.
860. Distribution or manufacturing in
or near schools and colleges.
(a) Penalty.
(b) Second offenders.
(c) Employing children to distribute
drugs near schools or playgrounds.
(d) Suspension of sentence;
probation; parole.
(e) Definitions.
861. Employment or use of persons under
18 years of age in drug operations.
(a) Unlawful acts.
(b) Penalty for first offense.
(c) Penalty for subsequent offenses.
(d) Penalty for providing or
distributing controlled substance to underage person.
(e) Suspension of sentence;
probation; parole.
(f) Distribution of controlled
substance to pregnant individual.
862. Denial of Federal benefits to
drug traffickers and possessors.
(a) Drug traffickers.
(b) Drug possessors.
(c) Suspension of period of
ineligibility.
(d) Definitions.
(e) Inapplicability of this section
to Government witnesses.
(f) Indian provision.
(g) Presidential report.
(h) Effective date.
862a. Denial of assistance and
benefits for certain drug-related convictions.
(a) In general.
(b) Effects on assistance and
benefits for others.
(c) Enforcement.
(d) Limitations.
(e) ''State'' defined.
(f) Rule of interpretation.
862b. Sanctioning for testing positive
for controlled substances.
863. Drug paraphernalia.
(a) In general.
(b) Penalties.
(c) Seizure and forfeiture.
(d) ''Drug paraphernalia'' defined.
(e) Matters considered in
determination of what constitutes drug paraphernalia.
(f) Exemptions.
864. Anhydrous ammonia.
871. Attorney General.
(a) Delegation of functions.
(b) Rules and regulations.
(c) Acceptance of devises, bequests,
gifts, and donations.
872. Education and research programs
of Attorney General.
(a) Authorization.
(b) Contracts.
(c) Identification of research
populations; authorization to withhold.
(d) Affect of treaties and other
international agreements on confidentiality.
(e) Use of controlled substances in
research.
(f) Program to curtail diversion of
precursor and essential chemicals.
872a. Public-private education
program.
(a) Advisory panel.
(b) Continuation of current efforts.
873. Cooperative arrangements.
(a) Cooperation of Attorney General
with local, State, and Federal agencies.
(b) Requests by Attorney General for
assistance from Federal agencies or instrumentalities.
(c) Descriptive and analytic reports
by Attorney General to State agencies of distribution patterns of
schedule
II substances having highest rates of abuse.
(d) Grants by Attorney General.
874. Advisory committees.
875. Administrative hearings.
(a) Power of Attorney General.
(b) Procedures applicable.
876. Subpoenas.
(a) Authorization of use by Attorney
General.
(b) Service.
(c) Enforcement.
877. Judicial review.
878. Powers of enforcement personnel.
879. Search warrants.
880. Administrative inspections and
warrants.
(a) ''Controlled premises'' defined.
(b) Grant of authority; scope of
inspections.
(c) Situations not requiring
warrants.
(d) Administrative inspection
warrants; issuance; execution; probable cause.
881. Forfeitures.
(a) Subject property.
(b) Seizure procedures.
(c) Custody of Attorney General.
(d) Other laws and proceedings
applicable.
(e) Disposition of forfeited
property.
(f) Forfeiture and destruction of
schedule I and II substances.
(g) Plants.
(h) Vesting of title in United
States.
(i) Stay of civil forfeiture
proceedings.
(j) Venue.
(l) Agreement between Attorney
General and Postal Service for performance of functions.
881-1, 881a.
Transferred.
882. Injunctions.
(a) Jurisdiction.
(b) Jury trial.
883. Enforcement proceedings.
884. Immunity and privilege.
(a) Refusal to testify.
(b) Order of United States district
court.
(c) Request by United States
attorney.
885. Burden of proof; liabilities.
(a) Exemptions and exceptions;
presumption in simple possession offenses.
(b) Registration and order forms.
(c) Use of vehicles, vessels, and
aircraft.
(d) Immunity of Federal, State,
local and other officials.
886. Payments and advances.
(a) Payment to informers.
(b) Reimbursement for purchase of
controlled substances.
(c) Advance of funds for enforcement
purposes.
(d) Drug Pollution Fund.
886a. Diversion Control Fee Account.
887. Coordination and consolidation
of post-seizure administration.
888. Repealed.
889. Production control of controlled
substances.
(a) Definitions.
(b) Persons ineligible for Federal
agricultural program benefits.
(c) Regulations.
890. Review of Federal sales of
chemicals usable to manufacture controlled substances.
901. Severability.
902. Savings provisions.
903. Application of State law.
904. Payment of tort claims.
951. Definitions.
952. Importation of controlled
substances.
(a) Controlled substances in
schedule I or II and narcotic drugs in schedule III, IV, or V; exceptions.
(b) Non narcotic controlled
substances in schedule III, IV, or V.
(c) Coca leaves.
953. Exportation of controlled
substances.
(a) Narcotic drugs in schedule I,
II, III, or IV.
(b) Exception for exportation for
special scientific purposes.
(c) Non narcotic controlled
substances in schedule I or II.
(d) Exception for exportation for
special scientific purposes.
(e) Non narcotic controlled
substances in schedule III or IV; controlled substances in schedule V.
954. Transshipment and in-transit
shipment of controlled substances.
955. Possession on board vessels,
etc., arriving in or departing from United States.
955a. Transferred.
956. Exemption authority.
(a) Individual possessing controlled
substance.
(b) Compound, mixture, or
preparation.
957. Persons required to register.
(a) Coverage.
(b) Exemptions.
958. Registration requirements.
(a) Applicants to import or export
controlled substances in schedule I or II.
(b) Activity limited to specified
substances.
(c) Applicants to import controlled
substances in schedule III, IV, or V or to export controlled substances
in
schedule III or IV; applicants to import or export list I chemicals.
(d) Denial of applications.
(e) Registration period.
(f) Rules and regulations.
(g) Scope of authorized activity.
(h) Separate registrations for each
principal place of business.
(i) Emergency situations.
959. Possession, manufacture, or
distribution of controlled substance.
(a) Manufacture or distribution for
purpose of unlawful importation.
(b) Possession, manufacture, or
distribution by person on board aircraft.
(c) Acts committed outside
territorial jurisdiction of United States; venue.
960. Prohibited acts A.
(a) Unlawful acts.
(b) Penalties.
(c) Repealed.
(d) Penalty for importation or
exportation.
961. Prohibited acts B.
962. Second or subsequent offenses.
(a) Term of imprisonment and fine.
(b) Determination of status.
(c) Procedures applicable.
963. Attempt and conspiracy.
964. Additional penalties.
965. Applicability of part E of
subchapter I.
966. Authority of Secretary of the
Treasury.
967. Smuggling of controlled
substances; investigations; oaths; subpoenas; witnesses; evidence;
production
of records; territorial limits; fees and mileage of witnesses.
968. Service of subpoena; proof of
service.
969. Contempt proceedings.
970. Criminal forfeitures.
971. Notification, suspension of
shipment, and penalties with respect to importation and exportation of
listed
chemicals.
(a) Notification prior to
transaction.
(b) Regular customers or importers.
(c) Suspension of importation or
exportation; disqualification of regular customers or importers; hearing.
(d) Broker or trader for
international transaction in listed chemical.
(e) Application of notification
requirement to exports of listed chemical; waiver.
-EXPCITETITLE
Part A - Introductory Provisions.
-HEADPart
A - Introductory Provisions
-CITE-
-EXPCITETITLE
Part A - Introductory Provisions
-HEADSec.
801.
Congressional findings and declarations: controlled substances
The Congress
makes the following findings and declarations:
(1) Many
of the drugs included within this subchapter 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.
(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.
This
subchapter, referred to in par. (1), was in the original ''this title'', meaning
title II of Pub. L. 91-513, Oct. 27,
1970, 84
Stat. 1242, as amended, and is popularly known as the ''Controlled Substances
Act''. For complete
classification
of title II to the Code, see second paragraph of Short Title note set out below
and Tables.
Section
704 of title II of Pub. L. 91-513 provided that:
''(a) Except
as otherwise provided in this section, this title (see Short Title note below)
shall become effective on
the first
day of the seventh calendar month that begins after the day immediately
preceding the date of
enactment
(Oct. 27, 1970).
''(b)
Parts A, B, E, and F of this title (Parts A, B, E, and F of this subchapter),
section 702 (set out as a note under
section
321 of this title), this section, and sections 705 through 709 (sections 901 to 904 of this
title and note set
out
below), shall become effective upon enactment (Oct. 27, 1970).
''(c)
Sections 305 (relating to labels and labeling) (section 825 of this
title), and 306 (relating to manufacturing
quotas)
(section 826 of this title) 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 (see Short Title note below).''
SHORT
TITLE OF 2000 AMENDMENTS
Pub. L.
106-310, div. B, title XXXV, Sec. 3501, Oct. 17, 2000, 114 Stat. 1222, provided
that: ''This title (amending
sections 823 and 824 of this
title) may be cited as the 'Drug Addiction Treatment Act of 2000'.''
Pub. L.
106-310, div. B, title XXXVI, Sec. 3601, Oct. 17, 2000, 114 Stat. 1227,
provided that: ''This title (enacting
section 864 of this
title and sections 290aa-5b and 290bb-9 of Title 42, The Public Health and
Welfare, amending
sections 802, 830, 853, 856, and 863 of this
title, sections 3663 and 3663A of Title 18, Crimes and Criminal
Procedure,
section 524 of Title 28, Judiciary and Judicial Procedure, and sections 285o-2
and 3751 of Title 42,
and
enacting provisions set out as notes under this section and sections 802, 872, 873, 886, and
1706 of this
title,
sections 524 and 994 of Title 28, and sections 201, 290aa-4, 290aa-5b and 3751
of Title 42) may be cited
as the
'Methamphetamine Anti-Proliferation Act of 2000'.''
Pub. L.
106-172, Sec. 1, Feb. 18, 2000, 114 Stat. 7, provided that: ''This Act
(amending sections 802, 827, 841
and 960 of this
title and enacting provisions set out as notes under this section and section 812 of this
title) may
be cited
as the 'Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of
2000'.''
SHORT
TITLE OF 1998 AMENDMENT
Pub. L.
105-277, div. C, title VIII, Sec. 801(a), Oct. 21, 1998, 112 Stat. 2681-693, provided
that: ''This title
(enacting
section 1713 of this title and section 2291-5 of Title 22, Foreign Relations
and Intercourse, amending
section 956 of this
title, and enacting provisions set out as notes under sections 801 and 956 of this
title and
section
2291 of Title 22) may be cited as the 'Western Hemisphere Drug Elimination
Act'.''
Pub. L.
105-277, div. C, title VIII, subtitle G (Sec. 871, 872), Sec. 871, Oct. 21,
1998, 112 Stat. 2681-707, and
Pub. L.
105-357, Sec. 1, Nov. 10, 1998, 112 Stat. 3271, provided that such subtitle and
such Act, which
amended
section 956 of this title and enacted provisions set out as notes under
section 956 of this title ''may be
cited as
the 'Controlled Substances Trafficking Prohibition Act'.''
Pub. L.
105-277, div. E, Sec. 1, Oct. 21, 1998, 112 Stat. 2681-759, provided that:
''This division (amending
sections 841 and 960 of this
title and section 13705 of Title 42, The Public Health and Welfare) may be
cited as
the
Methamphetamine Trafficking Penalty Enhancement Act of 1998'.''
SHORT
TITLE OF 1996 AMENDMENTS
Pub. L.
104-305, Sec. 1, Oct. 13, 1996, 110 Stat. 3807, provided that: ''This Act
(amending sections 841, 844,
959, and 960 of this
title and enacting provisions set out as notes under section 872 of this
title and section 994
of Title
28, Judiciary and Judicial Procedure) may be cited as the 'Drug-Induced Rape
Prevention and
Punishment
Act of 1996'.''
Pub. L.
104-237, Sec. 1(a), Oct. 3, 1996, 110 Stat. 3099, provided that: ''This Act
(enacting section 872a of this
title,
amending sections 802, 814, 830, 841 to 844, 853, 881, 959, and 960 of this title and section 1607 of Title
19,
Customs Duties, and enacting provisions set out as notes under this section and
sections 802, 872, and 971
of this
title, section 994 of Title 28, Judiciary and Judicial Procedure, and section
290aa-4 of Title 42, The Public
Health
and Welfare) may be cited as the 'Comprehensive Methamphetamine Control Act of
1996'.''
SHORT
TITLE OF 1994 AMENDMENT
Pub. L.
103-322, title XVIII, Sec. 180201(a), Sept. 13, 1994, 108 Stat. 2046, provided
that: ''This section
(enacting
section 849 of this title, amending section 841 of this
title, and enacting provisions set out as a note
under
section 994 of Title 28, Judiciary and Judicial Procedure) may be cited as the
'Drug Free Truck Stop Act'.''
SHORT
TITLE OF 1993 AMENDMENT
Pub. L.
103-200, Sec. 1, Dec. 17, 1993, 107 Stat. 2333, provided that: ''This Act
(enacting section 814 of this title,
amending
sections 802, 821 to 824, 830, 843, 880, 957, 958, 960, and 971 of this title, and enacting provisions
set out
as a note under section 802 of this title) may be cited as the 'Domestic Chemical Diversion
Control Act of
1993'.''
SHORT
TITLE OF 1990 AMENDMENT
Pub. L.
101-647, title XIX, Sec. 1901, Nov. 29, 1990, 104 Stat. 4851, provided that:
''This Act (probably means
title XIX
of Pub. L. 101-647, which amended sections 333, 802, 812, and 844 of this
title and section 290aa-6 of
Title 42,
The Public Health and Welfare, repealed section 333a of this title, and enacted
provisions set out as
notes
under sections 802 and 829 of this title) may be cited as the 'Anabolic Steroids Control Act
of 1990'.''
SHORT
TITLE OF 1988 AMENDMENT
Pub. L.
100-690, title VI, Sec. 6001, Nov. 18, 1988, 102 Stat. 4312, provided that:
''This title (see Tables for
classification)
may be cited as the 'Anti-Drug Abuse Amendments Act of 1988'.''
Pub. L.
100-690, title VI, Sec. 6051, Nov. 18, 1988, 102 Stat. 4312, provided that:
''This subtitle (subtitle A (Sec.
6051-6061)
of title VI of Pub. L. 100-690, enacting section 971 of this
title, amending sections 802, 830, 841 to
843, 872, 876, 881, 960, and 961 of this
title, and enacting provisions set out as notes under sections 802 and
971 of this
title) may be cited as the 'Chemical Diversion and Trafficking Act of 1988'.''
Pub. L.
100-690, title VI, Sec. 6071, Nov. 18, 1988, 102 Stat. 4320, provided that:
''This subtitle (subtitle B (Sec.
6071-6080)
of title VI of Pub. L. 100-690, enacting sections 881-1, 887, and
1509 of this title, amending section
881 of this
title, section 1594 of Title 19, Customs Duties, section 524 of Title 28,
Judiciary and Judicial
Procedure,
and section 782 of former Title 49, Transportation, and enacting provisions set
out as notes under
section 881 of this
title) may be cited as the 'Asset Forfeiture Amendments Act of 1988'.''
SHORT
TITLE OF 1986 AMENDMENT
Pub. L.
99-570, Sec. 1, Oct. 27, 1986, 100 Stat. 3207, provided that: ''This Act (see
Tables for classification) may
be cited
as the 'Anti-Drug Abuse Act of 1986'.''
Pub. L.
99-570, title I, Sec. 1001, Oct. 27, 1986, 100 Stat. 3207-2, provided that:
''This subtitle (subtitle A (Sec.
1001-1009)
of title I of Pub. L. 99-570, amending sections 802, 841, 845, 845a, 848, 881, 960, and 962 of this
title,
sections 3553 and 3583 of Title 18, Crimes and Criminal Procedure, rule 35 of
the Federal Rules of Criminal
Procedure,
Title 18, Appendix, and section 994 of Title 28, Judiciary and Judicial
Procedure, and enacting
provisions
set out as notes under section 841 of this title, sections 3553 and
3583 of Title 18, and rule 35 of the
Federal
Rules of Criminal Procedure) may be cited as the 'Narcotics Penalties and
Enforcement Act of 1986'.''
Pub. L.
99-570, title I, Sec. 1051, Oct. 27, 1986, 100 Stat. 3207-8, provided that:
''This subtitle (subtitle B (Sec.
1051,
1052) of title I of Pub. L. 99-570, amending section 844 of this
title) may be cited as the 'Drug Possession
Penalty
Act of 1986'.''
Pub. L.
99-570, title I, Sec. 1101, Oct. 27, 1986, 100 Stat. 3207-10, provided that:
''This subtitle (subtitle C (Sec.
1101-1105)
of title I of Pub. L. 99-570, enacting section 845b of this title and amending
sections 841, 845, and
845a of
this title) may be cited as the 'Juvenile Drug Trafficking Act of 1986'.''
Pub. L.
99-570, title I, Sec. 1201, Oct. 27, 1986, 100 Stat. 3207-13, provided that:
''This subtitle (subtitle E
(Sec.1201-1204)
of title I of Pub. L. 99-570, enacting section 813 of this
title and amending section 802 of this
title)
may be cited as the 'Controlled Substance Analogue Enforcement Act of 1986'.''
Pub. L.
99-570, title I, Sec. 1251, Oct. 27, 1986, 100 Stat. 3207-14, provided that:
''This subtitle (subtitle F (Sec.
1251-1253)
of title I of Pub. L. 99-570, amending section 848 of this
title) may be cited as the 'Continuing Drug
Enterprises
Act of 1986'.''
Pub. L.
99-570, title I, Sec. 1301, Oct. 27, 1986, 100 Stat. 3207-15, provided that:
''This subtitle (subtitle G (Sec.
1301,
1302) of title I of Pub. L. 99-570, amending section 960 of this
title) may be cited as the 'Controlled
Substances
Import and Export Penalties Enhancement Act of 1986'.''
Pub. L.
99-570, title I, Sec. 1821, Oct. 27, 1986, 100 Stat. 3207-51, which provided
that subtitle O (Sec. 1821-
1823) of
title I of Pub. L. 99-570, enacting section 857 of this title and provisions
set out as a note under section
857 of this
title, was to be cited as the ''Mail Order Drug Paraphernalia Control Act'',
was repealed by Pub. L.
101-647,
title XXIV, Sec. 2401(d), Nov. 29, 1990, 104 Stat. 4859.
Pub. L.
99-570, title I, Sec. 1991, Oct. 27, 1986, 100 Stat. 3207-59, provided that:
''This subtitle (subtitle U (Sec.
1991,
1992) of title I of Pub. L. 99-570, amending section 881 of this
title) may be cited as the 'Federal Drug Law
Enforcement
Agent Protection Act of 1986'.''
SHORT
TITLE OF 1984 AMENDMENT
Pub. L.
98-473, title II, Sec. 501, Oct. 12, 1984, 98 Stat. 2068, provided that: ''This
chapter (chapter V (Sec. 501-
525) of
title II of Pub. L. 98-473, enacting section 845a of this title, amending
sections 802, 811, 812, 822-824,
827, 841, 843, 845, 873, 881, 952, 953, 957, 958, 960, and 962 of this
title, and enacting provisions set out as a
note
under this section) may be cited as the 'Controlled Substances Penalties
Amendments Act of 1984'.''
Pub. L.
98-473, title II, Sec. 506(a), Oct. 12, 1984, 98 Stat. 2070, provided that:
''This part (part B of chapter V
(Sec.506-525)
of title II of Pub. L. 98-473, amending sections 802, 811, 812, 822-824, 827, 843, 873, 881, 952,
953, 957, and 958 of this
title) may be cited as the 'Dangerous Drug Diversion Control Act of 1984'.''
SHORT
TITLE OF 1978 AMENDMENT
Pub. L.
95-633, Sec. 1, Nov. 10, 1978, 92 Stat. 3768, provided: ''That this Act
(enacting sections 801a, 830, and
852 of this
title, amending sections 352, 802, 811, 812, 823, 827, 841 to 843, 872, 881, 952, 953, and 965 of this
title and
section 242a of Title 42, The Public Health and Welfare, repealing section 830 of this
title (effective Jan.
1, 1981),
and enacting provisions set out as notes under sections 801a, 812, and 830 of this
title) may be cited
as the
'Psychotropic Substances Act of 1978'.''
SHORT
TITLE OF 1974 AMENDMENT
Pub. L.
93-281, Sec. 1, May 14, 1974, 88 Stat. 124, provided: ''That this Act (amending
sections 802, 823, 824,
and 827 of this
title) may be cited as the 'Narcotic Addict Treatment Act of 1974'.''
SHORT
TITLE
Pub. L.
91-513, in the provisions preceding section 1 immediately following the
enacting clause, provided: ''That
this Act
(enacting this chapter and sections 257a, 2688l-1, 2688n-1, and 3509 of Title
42, The Public Health and
Welfare,
amending sections 162, 198a, 321, 331, 333, 334, 360, 372, and 381 of this
title, sections 1114, 1952,
and 4251
of Title 18, Crimes and Criminal Procedure, sections 1584, 2078, 2079, and 2080
of Title 19, Customs
Duties,
sections 4901, 4905, 6808, 7012, 7103, 7326, 7607, 7609, 7641, 7651, and 7655
of Title 26, Internal
Revenue
Code, section 2901 of Title 28, Judiciary and Judicial Procedure, section 304m
of Title 40, Public
Buildings,
Property, and Works, sections 201, 225a, 242, 242a, 246, 257, 258, 259, 260,
261, 261a, 2688k,
2688l,
2688m, 2688n, 2688o, 2688r, and 3411 of Title 42, The Public Health and
Welfare, section 239a of former
Title 46,
Shipping, and section 787 of Title 49, Appendix, Transportation, repealing
sections 171 to 174, 176 to
185, 188
to 188n, 191 to 193, 197, 198, 199, 360a, and 501 to 517of this title, sections
1401 to 1407 and 3616 of
Title 18,
sections 4701 to 4707, 4711 to 4716, 4721 to 4726, 4731 to 4736, 4741 to 4746,
4751 to 4757, 4761,
4762,
4771 to 4776, 7237, 7238, and 7491 of Title 26, sections 529a and 529g of
former Title 31, Money and
Finance,
and section 1421m of Title 48, Territories and Insular Possessions, and
enacting provisions set out as
notes
under this section and sections 171, 321, 822, 951, and 957 of this
title) may be cited as the
'Comprehensive
Drug Abuse Prevention and Control Act of 1970'.''
Section
100 of title II of Pub. L. 91-513 provided that: ''This title (enacting this
subchapter, repealing section 360a
of this
title, amending sections 321, 331, 333, 334, 360, 372, and 381 of this title,
sections 1114 and 1952 of Title
18,
Crimes and Criminal Procedure, and section 242 of Title 42, The Public Health
and Welfare, and enacting
provisions
set out as notes under this section and sections 321 and 822 of this
title) may be cited as the
'Controlled
Substances Act'.''For short title and complete classification of title III of
Pub.
L.
91-513, which enacted subchapter II of this chapter, as the ''Controlled
Substances Import and Export Act'',
see
section 1000 of Pub. L. 91-513, set out as a note under section 951 of this
title.
SEVERABILITY
Pub. L.
106-310, div. B, title XXXVI, Sec. 3673, Oct. 17, 2000, 114 Stat. 1246,
provided that: ''Any provision of
this
title (see Short Title of 2000 Amendments note above) held to be invalid or
unenforceable by its terms, or as
applied
to any person or circumstance, shall be construed as to give the maximum effect
permitted by law,
unless
such provision is held to be utterly invalid or unenforceable, in which event
such provision shall be
severed
from this title and shall not affect the applicability of the remainder of this
title, or of such provision, to
other
persons not similarly situated or to other, dissimilar circumstances.''
CONTINUATION
OF ORDERS, RULES, AND REGULATIONS
Section
705 of title II of Pub. L. 91-513 provided that: ''Any orders, rules, and
regulations which have been
promulgated
under any law affected by this title (see Short Title note above) and which are
in effect on the day
preceding
enactment of this title (Oct. 27, 1970) shall continue in effect until
modified, superseded, or repealed.''
ANTI-DRUG
MESSAGES ON FEDERAL GOVERNMENT INTERNET SITES
Pub. L.
106-391, title III, Sec. 320, Oct. 30, 2000, 114 Stat. 1597, provided that:
''Not later than 90 days after the
date of
the enactment of this Act (Oct. 30, 2000), the Administrator (of the National
Aeronautics and Space
Administration),
in consultation with the Director of the Office of National Drug Control
Policy, shall place antidrug
messages
on Internet sites controlled by the National Aeronautics and Space
Administration.''
Pub. L.
106-310, div. B, title XXXVI, Sec. 3671, Oct. 17, 2000, 114 Stat. 1245,
provided that: ''Not later than 90
days
after the date of the enactment of this Act (Oct. 17, 2000), the head of each
department, agency, and
establishment
of the Federal Government shall, in consultation with the Director of the
Office of National Drug
Control
Policy, place antidrug messages on appropriate Internet websites controlled by
such department,
agency,
or establishment which messages shall, where appropriate, contain an electronic
hyperlink to the
Internet
website, if any, of the Office.''
PROTOCOLS
FOR INVESTIGATIONS AND PROSECUTIONS RELATING TO DATE-RAPE DRUGS AND
OTHER CONTROLLED
SUBSTANCES; ANNUAL REPORT; NATIONAL AWARENESS CAMPAIGN
Pub. L.
106-172, Sec. 6, 7, Feb. 18, 2000, 114 Stat. 11, provided that: ''SEC. 6.
DEVELOPMENT OF MODEL
PROTOCOLS,
TRAINING MATERIALS, FORENSIC FIELD TESTS, AND COORDINATION MECHANISM FOR
INVESTIGATIONS
AND PROSECUTIONS RELATING TO GAMMA HYDROXYBUTYRIC ACID, OTHER
CONTROLLED
SUBSTANCES, AND DESIGNER DRUGS.
''(a) In
General. - The Attorney General, in consultation with the Administrator of the
Drug Enforcement
Administration
and the Director of the Federal Bureau of Investigation, shall -
''(1)
develop -
''(a) model
protocols for the collection of toxicology specimens and the taking of
victim
statements in connection with investigations into and prosecutions related
to
possible violations of the Controlled Substances Act (21 U.S.C. 801 et seq.)
or other
Federal or State laws that result in or contribute to rape, other crimes of
violence,
or other crimes involving abuse of gamma hydroxybutyric acid, other
controlled
substances, or so-called 'designer drugs'; and
''(B)
model training materials for law enforcement personnel involved in such
investigations;
and ''(2) make such protocols and training materials available to
Federal,
State, and local personnel responsible for such investigations.
''(b)
Grant. -
''(1) In
general. - The Attorney General shall make a grant, in such amount and to such
public or
private
person or entity as the Attorney General considers appropriate, for the
development of
forensic
field tests to assist law enforcement officials in detecting the presence of
gamma
hydroxybutyric
acid and related substances.
''(2)
Authorization of appropriations. - There are authorized to be appropriated such
sums as may
be
necessary to carry out this subsection.
''(c)
Report. - Not later than 180 days after the date of the enactment of this Act
(Feb. 18, 2000), the Attorney
General
shall submit to the Committees on the Judiciary of the Senate and House of
Representatives a report on
current
mechanisms for coordinating Federal, State, and local investigations into and
prosecutions related to
possible
violations of the Controlled Substances Act (21 U.S.C. 801 et seq.)
or other Federal or State laws that
result in
or contribute to rape, other crimes of violence, or other crimes involving the
abuse of gamma
hydroxybutyric
acid, other controlled substances, or so-called 'designer drugs'. The report
shall also include
recommendations
for the improvement of such mechanisms.
''SEC. 7.
ANNUAL REPORT REGARDING DATE-RAPE DRUGS; NATIONAL AWARENESS CAMPAIGN.
''(a) Annual
Report. - The Secretary of Health and Human Services (in this section referred
to as the 'Secretary')
shall
periodically submit to Congress reports each of which provides an estimate of
the number of incidents of the
abuse of
date-rape drugs (as defined in subsection (c)) that occurred during the most
recent 1-year period for
which
data are available. The first such report shall be submitted not later than
January 15, 2000, and
subsequent
reports shall be submitted annually thereafter.
''(b)
National Awareness Campaign. -
''(1)
Development of plan; recommendations of advisory committee. -
''(a) In
general. - The Secretary, in consultation with the Attorney General, shall
develop a
plan for carrying out a national campaign to educate individuals
described
in subparagraph (B) on the following:
''(i) The
dangers of date-rape drugs.
''(ii)
The applicability of the Controlled Substances Act (21
U.S.C. 801 et seq.)
to such drugs, including penalties under
such Act.
''(iii)
Recognizing the symptoms that indicate an individual may
be a
victim of such drugs, including symptoms with respect to
sexual
assault.
''(iv)
Appropriately responding when an individual has such
symptoms.
''(B)
Intended population. - The individuals referred to in subparagraph (a) are
young
adults, youths, law enforcement personnel, educators, school nurses,
counselors
of rape victims, and emergency room personnel in hospitals.
''(C)
Advisory committee. - Not later than 180 days after the date of the
enactment
of this Act (Feb. 18, 2000), the Secretary shall establish an advisory
committee
to make recommendations to the Secretary regarding the plan under
subparagraph
(A). The committee shall be composed of individuals who
collectively
possess expertise on the effects of date-rape drugs and on detecting
and
controlling the drugs.
''(2)
Implementation of plan. - Not later than 180 days after the date on which the
advisory
committee
under paragraph (1) is established, the Secretary, in consultation with the
Attorney
General,
shall commence carrying out the national campaign under such paragraph in
accordance
with the plan developed under such paragraph. The campaign may be carried out
directly
by the Secretary and through grants and contracts.
''(3)
Evaluation by general accounting office. - Not later than 2 years after the
date on which the
national
campaign under paragraph (1) is commenced, the Comptroller General of the
United
States
shall submit to Congress an evaluation of the effects with respect to date-rape
drugs of
the
national campaign.
''(c)
Definition. - For purposes of this section, the term 'date-rape drugs' means
gamma hydroxybutyric acid and
its
salts, isomers, and salts of isomers and such other drugs or substances as the
Secretary, after consultation
with the
Attorney General, determines to be appropriate.''
CONGRESSIONAL
FINDINGS REGARDING METHAMPHETAMINE MANUFACTURE AND ABUSE
Pub. L.
104-237, Sec. 2, Oct. 3, 1996, 110 Stat. 3100, provided that: ''The Congress
finds the following:
''(1)
Methamphetamine is a very dangerous and harmful drug. It is highly addictive
and is
associated
with permanent brain damage in long-term users.
''(2) The
abuse of methamphetamine has increased dramatically since 1990. This increased
use
has led
to devastating effects on individuals and the community, including -
''(a) a
dramatic increase in deaths associated with methamphetamine ingestion;
''(B) an
increase in the number of violent crimes associated with
methamphetamine
ingestion; and
''(C) an
increase in criminal activity associated with the illegal importation of
methamphetamine
and precursor compounds to support the growing appetite for
this drug
in the United States.
''(3)
Illegal methamphetamine manufacture and abuse presents an imminent public
health threat
that
warrants aggressive law enforcement action, increased research on
methamphetamine and
other
substance abuse, increased coordinated efforts to prevent methamphetamine
abuse, and
increased
monitoring of the public health threat methamphetamine presents to the
communities
of the
United States.''
SUPPORT
FOR INTERNATIONAL EFFORTS TO CONTROL METHAMPHETAMINE AND PRECURSORS
Pub. L.
104-237, title I, Sec. 101, Oct. 3, 1996, 110 Stat. 3100, provided that: ''The
Attorney General, in
consultation
with the Secretary of State, shall coordinate international drug enforcement
efforts to decrease the
movement
of methamphetamine and methamphetamine precursors into the United States.''
INTERAGENCY
METHAMPHETAMINE TASK FORCE
Pub. L.
104-237, title V, Sec. 501, Oct. 3, 1996, 110 Stat. 3111, provided that:
''(a) Establishment.
- There is established a 'Methamphetamine Interagency Task Force'
(referred
to as the 'interagency task force') which shall consist of the following
members:
''(1) The
Attorney General, or a designee, who shall serve as chair.
''(2) 2
representatives selected by the Attorney General.
''(3) The
Secretary of Education or a designee.
''(4) The
Secretary of Health and Human Services or a designee.
''(5) 2
representatives of State and local law enforcement and regulatory
agencies,
to be selected by the Attorney General.
''(6) 2
representatives selected by the Secretary of Health and Human Services.
''(7) 5
nongovernmental experts in drug abuse prevention and treatment to be
selected
by the Attorney General.
''(b)
Responsibilities. - The interagency task force shall be responsible for
designing,
implementing,
and evaluating the education and prevention and treatment practices and
strategies
of the Federal Government with respect to methamphetamine and other synthetic
stimulants.
''(c)
Meetings. - The interagency task force shall meet at least once every 6 months.
''(d)
Funding. - The administrative expenses of the interagency task force shall be
paid out of
existing
Department of Justice appropriations.
''(e)
FACA. - The Federal Advisory Committee Act (5 U.S.C. App. 2) (5 U.S.C. App.)
shall apply
to the
interagency task force.
''(f)
Termination. - The interagency task force shall terminate 4 years after the
date of enactment
of this
Act (Oct. 3, 1996).''
SUSPICIOUS
ORDERS TASK FORCE
Pub. L.
104-237, title V, Sec. 504, Oct. 3, 1996, 110 Stat. 3112, provided that:
''(a) In
General. - The Attorney General shall establish a 'Suspicious Orders Task
Force' (the
'Task
Force') which shall consist of -
''(1)
appropriate personnel from the Drug Enforcement Administration (the 'DEA')
and other
Federal, State, and local law enforcement and regulatory agencies
with the
experience in investigating and prosecuting illegal transactions of listed
chemicals
and supplies; and
''(2)
representatives from the chemical and pharmaceutical industry.
''(b)
Responsibilities. - The Task Force shall be responsible for developing
proposals to define
suspicious
orders of listed chemicals, and particularly to develop quantifiable parameters
which
can be
used by registrants in determining if an order is a suspicious order which must
be
reported
to DEA. The quantifiable parameters to be addressed will include frequency of
orders,
deviations
from prior orders, and size of orders. The Task Force shall also recommend
provisions
as to what types of payment practices or unusual business practices shall
constitute
prima
facie suspicious orders. In evaluating the proposals, the Task Force shall
consider
effectiveness,
cost and feasibility for industry and government, and other relevant factors.
''(c)
Meetings. - The Task Force shall meet at least two times per year and at such
other times as
may be
determined necessary by the Task Force.
''(d)
Report. - The Task Force shall present a report to the Attorney General on its
proposals with
regard to
suspicious orders and the electronic reporting of suspicious orders within one
year of
the date
of enactment of this Act (Oct. 3, 1996). Copies of the report shall be
forwarded to the
Committees
of the Senate and House of Representatives having jurisdiction over the
regulation
of listed
chemical and controlled substances.
''(e)
Funding. - The administrative expenses of the Task Force shall be paid out of
existing
Department
of Justice funds or appropriations.
''(f)
FACA. - The Federal Advisory Committee Act (5 U.S.C. App. 2) (5 U.S.C. App.)
shall apply to
the Task
Force.
''(g)
Termination. - The Task Force shall terminate upon presentation of its report
to the Attorney
General,
or two years after the date of enactment of this Act (Oct. 3, 1996), whichever
is
sooner.''
JOINT
FEDERAL TASK FORCE ON ILLEGAL DRUG LABORATORIES
Pub. L.
100-690, title II, Sec. 2405, Nov. 18, 1988, 102 Stat. 4231, provided that:
''(a) Establishment
of Task Force. - There is established the Joint Federal Task Force on Illegal
Drug
Laboratories (hereafter in this section referred to as the 'Task Force').
''(b)
Appointment and Membership of Task Force. - The members of the Task Force shall
be
appointed
by the Administrators of the Environmental Protection Agency and the Drug
Enforcement
Administration (hereafter in this section referred to as the 'Administrators').
The
Task
Force shall consist of at least 6 and not more than 20 members. Each
Administrator shall
appoint
one-half of the members as follows: (1) the Administrator of the Environmental
Protection
Agency shall appoint members from among Emergency Response Technicians and
other
appropriate employees of the Agency; and (2) the Administrator of the Drug
Enforcement
Administration
shall appoint members from among Special Agents assigned to field divisions and
other
appropriate employees of the Administration.
''(c)
Duties of Task Force. - The Task Force shall formulate, establish, and
implement a program
for the
cleanup and disposal of hazardous waste produced by illegal drug laboratories.
In
formulating
such program, the Task Force shall consider the following factors:
''(1) The
volume of hazardous waste produced by illegal drug laboratories.
''(2) The
cost of cleaning up and disposing of hazardous waste produced by
illegal
drug laboratories.
''(3) The
effectiveness of the various methods of cleaning up and disposing of
hazardous
waste produced by illegal drug laboratories.
''(4) The
coordination of the efforts of the Environmental Protection Agency and
the Drug enforcement
Administration in cleaning up and disposing of hazardous
waste
produced by illegal drug laboratories.
''(5) The
dissemination of information to law enforcement agencies that have
responsibility
for enforcement of drug laws.
''(d)
Guidelines. - The Task Force shall recommend to the Administrators guidelines
for cleanup
of
illegal drug laboratories to protect the public health and environment. Not
later than 180 days
after the
date of the enactment of this subtitle (Nov. 18, 1988), the Administrators
shall formulate
and publish
such guidelines.
''(e)
Demonstration Projects. -
''(1) The
Attorney General shall make grants to, and enter into contracts with,
State and
local governments for demonstration projects to clean up and safely
dispose
of substances associated with illegal drug laboratories which may
present a
danger to public health or the environment.
''(2) The
Attorney General may not under this subsection make a grant or enter
into a
contract unless the applicant for such assistance agrees to comply with
the
guidelines issued pursuant to subsection (d).
''(3) The
Attorney General shall, through grant or contract, provide for
independent
evaluations of the activities carried out pursuant to this subsection
and shall
recommend appropriate legislation to the Congress.
''(f)
Funding. - Of the amounts made available to carry out the Controlled Substances
Act (21
U.S.C. 801 et seq.)
for fiscal year 1989, not less than $5,000,000 shall be made available to
carry out
subsections (d) and (e).
''(g)
Reports. - After consultation with the Task Force, the Administrators shall -
''(1)
transmit to the President and to each House of Congress not later than 270
days
after the date of the enactment of this subtitle (Nov. 18, 1988) a report
describing
the program established by the Task Force under subsection (c)
(including
an analysis of the factors specified in paragraphs (1) through (5) of
that
subsection);
''(2)
periodically transmit to the President and to each House of Congress
reports
describing the implementation of the program established by the Task
Force
under subsection (c) (including an analysis of the factors specified in
paragraphs
(1) through (5) of that subsection) and the progress made in the
cleanup
and disposal of hazardous waste produced by illegal drug laboratories;
and
''(3)
transmit to each House of Congress a report describing the findings made
as a
result of the evaluations referred to in subsection (e)(3).''
GREAT
LAKES DRUG INTERDICTION
Pub. L.
100-690, title VII, Sec. 7404, Nov. 18, 1988, 102 Stat. 4484, provided that:
''(a) Interagency
Agreement. - The Secretary of Transportation and the Secretary of the Treasury
shall
enter into an agreement for the purpose of increasing the effectiveness of
maritime drug
interdiction
activities of the Coast Guard and the Customs Service in the Great Lakes area.
''(b)
Negotiations With Canada on Drug Enforcement Cooperation. - The Secretary of
State is
encouraged
to enter into negotiations with appropriate officials of the Government of
Canada for
the
purpose of establishing an agreement between the United States and Canada which
provides
for increased cooperation and sharing of information between United States and
Canadian
law enforcement officials with respect to law enforcement efforts conducted on
the
Great
Lakes between the United States and Canada.''
GAO STUDY
OF CAPABILITIES OF UNITED STATES TO CONTROL DRUG SMUGGLING INTO UNITED
STATES
Pub. L.
100-180, div. A, title XII, Sec. 1241, Dec. 4, 1987, 101 Stat. 1162, directed
Comptroller General of the
United
States to conduct a comprehensive study regarding smuggling of illegal drugs
into United States and
current
capabilities of United States to deter such smuggling, with special
consideration given to issues involving
use of
military and National Guard units along with Customs Service in cooperative
drug smuggling interdiction
efforts,
and to issue, not later than Apr. 30, 1988, and Mar. 31, 1989, reports to
Congress outlining results of this
study.
COMPLIANCE
WITH BUDGET ACT
Pub. L.
99-570, Sec. 3, Oct. 27, 1986, 100 Stat. 3207-1, provided that:
''Notwithstanding any other provision of
this Act
(see Tables for classification), any spending authority and any credit
authority provided under this Act
shall be
effective for any fiscal year only to such extent or in such amounts as are
provided in appropriation Acts.
For
purposes of this Act, the term 'spending authority' has the meaning provided in
section 401(c)(2) of the
Congressional
Budget Act of 1974 (2 U.S.C. 651(c)(2)) and the term 'credit authority' has the
meaning provided
in
section 3(10) of the Congressional (sic) Budget Act of 1974 (2 U.S.C.
622(10)).''
DRUG
INTERDICTION
Pub. L.
99-570, title III, Sec. 3001-3003, 3301, Oct. 27, 1986, 100 Stat. 3207-73,
3207-74, 3207-98, as amended
by Pub.
L. 104-66, title I, Sec. 1091(a), Dec. 21, 1995, 109 Stat. 722, provided that:
''SEC.
3001. SHORT TITLE.
''This
title (enacting section 379 of Title 10, Armed Forces, sections 1590, 1628,
1629, and
2081 of Title 19, Customs Duties, and section 312a of Title 47,
Telegraphs,
Telephones, and Radiotelegraphs, amending section 959 of this
title,
sections 374 and 911 of Title 10, sections 507, 1401, 1433, 1436, 1454,
1459,
1497, 1509, 1584 to 1586, 1594 to 1595a, 1613, 1613b, 1619, and 1622
of Title
19, section 5316 of Title 31, Money and Finance, section 12109 of Title
46,
Shipping, sections 1901 to 1904 of Title 46, Appendix, Shipping, and
sections
1401, 1472, 1474, and 1509 of former Title 49, Transportation,
repealing
section 1460 of Title 19, enacting provisions set out as notes under
section 801 of this
title, sections 371, 374, 525, and 9441 of Title 10, sections
1613b and
1654 of Title 19, section 403 of Title 23, Highways, section 1901 of
Title 46,
Appendix, section 11344 of Title 49, and section 1509 of former Title
49, and
repealing provisions set out as a note under section 89 of Title 14, Coast
Guard)
may be cited as the 'National Drug Interdiction Improvement Act of
1986'.
''SEC.
3002. FINDINGS.
''The
Congress hereby finds that -
''(1) a
balanced, coordinated, multifaceted strategy for
combating
the growing drug abuse and drug trafficking problem
in the
United States is essential in order to stop the flow and
abuse of
drugs within our borders;
''(2) a
balanced, coordinated, multifaceted strategy for
combating
the narcotics drug abuse and trafficking in the United
States
should include -
''(a) increased
investigations of large networks
of drug
smuggler organizations;
''(B)
source country drug eradication;
''(C)
increased emphasis on stopping narcotics
traffickers
in countries through which drugs are
transshipped;
''(D)
increased emphasis on drug education
programs
in the schools and workplace;
''(E)
increased Federal Government assistance
to State
and local agencies, civic groups, school
systems,
and officials in their efforts to combat
the drug
abuse and trafficking problem at the
local
level; and
''(F)
increased emphasis on the interdiction of
drugs and
drug smugglers at the borders of the
United
States, in the air, at sea, and on the
land;
''(3)
funds to support the interdiction of narcotics smugglers who
threaten
the transport of drugs through the air, on the sea, and
across
the land borders of the United States should be
emphasized
in the Federal Government budget process to the
same
extent as the other elements of a comprehensive antidrug
effort
are emphasized;
''(4) the
Department of Defense and the use of its resources
should be
an integral part of a comprehensive, national
(national)
drug interdiction program;
''(5) the
Federal Government civilian agencies engaged in drug
interdiction,
particularly the United States Customs Service and
the Coast
Guard, currently lack the aircraft, ships, radar,
command,
control, communications, and intelligence (C3I)
system,
and manpower resources necessary to mount a
comprehensive
attack on the narcotics traffickers who threaten
the
United States;
''(6) the
civilian drug interdiction agencies of the United States
are
currently interdicting only a small percentage of the illegal,
drug
smuggler penetrations in the United States every year;
''(7) the
budgets for our civilian drug interdiction agencies,
primarily
the United States Customs Service and the Coast
Guard,
have not kept pace with those of the traditional
investigative
law enforcement agencies of the Department of
Justice;
and ''(8) since the amendment of the Posse Comitatus
Act (18
U.S.C. 1385) in 1981, the Department of Defense has
assisted
in the effort to interdict drugs, but they can do more.
''SEC.
3003. PURPOSES.
''It is
the purpose of this title -
''(1) to
increase the level of funding and resources available to
civilian
drug interdiction agencies of the Federal Government;
''(2) to
increase the level of support from the Department of
Defense
as consistent with the Posse Comitatus Act (18 U.S.C.
1385),
for interdiction of the narcotics traffickers before such
traffickers
penetrate the borders of the United States; and
''(3) to
improve other drug interdiction programs of the Federal
Government.
''SEC.
3301. ESTABLISHMENT OF A UNITED STATES-BAHAMAS DRUG INTERDICTION
TASK
FORCE
''(a) Authorization
of Appropriations. -
''(1)
Establishment of a united states-bahamas drug interdiction
task
force. - (a) There is authorized to be established a United
States-Bahamas
Drug Interdiction Task Force to be operated
jointly
by the United States Government and the Government of
the
Bahamas. ''(B) The Secretary of State, the Commandant of
the Coast
Guard, the Commissioner of Customs, the Attorney
General,
and the head of the National Narcotics Border
Interdiction
System (NNBIS), shall upon enactment of this Act
(Oct. 27,
1986), immediately commence negotiations with the
Government
of the Bahamas to enter into a detailed agreement
for the
establishment and operation of a new drug interdiction
task
force, including plans for (i) the joint operation and
maintenance
of any drug interdiction assets authorized for the
task
force in this section and section 3141 (see 19 U.S.C.
2075),
and (ii) any training and personnel enhancements
authorized
in this section and section 3141.
''(2)
Amounts authorized. - There are authorized to be
appropriated,
in addition to any other amounts authorized to be
appropriated
in this title (see section 3001 of Pub. L. 99-570 set
out
above), $10,000,000 for the following:
''(a) $9,000,000
for 3 drug interdiction pursuit
helicopters
for use primarily for operations of
the
United States-Bahamas Drug Interdiction
Task
Force established under this section; and
''(B)
$1,000,000 to enhance communications
capabilities
for the operation of a United States-
Bahamas
Drug Interdiction Task Force
established
under this section.
''(3)
Coast guard-bahamas drug interdiction docking facility. -
(a) There
is authorized to be appropriated for
acquisition,
construction, and improvements for
the Coast
Guard for fiscal year 1987,
$5,000,000,
to be used for initial design
engineering,
and other activities for construction
of a drug
interdiction docking facility in the
Bahamas
to facilitate Coast Guard and
Bahamian
drug interdiction operations in and
through
the Bahamas Islands. Of the amounts
authorized
to be appropriated in this subsection,
such sums
as may be necessary shall be
available
for necessary communication and air
support.
''(B) The
Commandant of the Coast Guard shall
use such
amounts appropriated pursuant to the
authorization
in this paragraph as may be
necessary
to establish a repair, maintenance,
and boat
lift facility to provide repair and
maintenance
services for both Coast Guard and
Bahamian
marine drug interdiction equipment,
vessels,
and related assets.
''(b)
Concurrence by Secretary of State. - Programs authorized by this section
may be
carried out only with the concurrence of the Secretary of State.''
INFORMATION
ON DRUG ABUSE AT THE WORKPLACE
Pub. L.
99-570, title IV, Sec. 4303, Oct. 27, 1986, 100 Stat. 3207-154, directed
Secretary of Labor to collect such
information
as is available on the incidence of drug abuse in the workplace and efforts to
assist workers,
including
counseling, rehabilitation and employee assistance programs, to conduct such
additional research as is
necessary
to assess the impact and extent of drug abuse and remediation efforts, and
submit the findings of
such
collection and research to Congress no later than two years from Oct. 27, 1986.
INTERAGENCY
COORDINATION
Pub. L.
99-570, title IV, Sec. 4304, Oct. 27, 1986, 100 Stat. 3207-154, provided that:
''(a) The
Secretary of Education, the Secretary of Health and Human Services, and the
Secretary
of Labor
shall each designate an officer or employee of the Departments of Education,
Health
and Human
Services, and Labor, respectively, to coordinate interagency drug abuse
prevention
activities
to prevent duplication of effort.
''(b)
Within one year after enactment of this Act (Oct. 27, 1986), a report shall be
jointly submitted
to the
Congress by such Secretaries concerning the extent to which States and
localities have
been able
to implement non-duplicative drug abuse prevention activities.''
SUBSTANCE
ABUSE COVERAGE STUDY
Pub. L.
99-570, title VI, Sec. 6005, Oct. 27, 1986, 100 Stat. 3207-160, as amended by
Pub. L. 100-690, title II,
Sec.
2058(c), Nov. 18, 1988, 102 Stat. 4214, directed Secretary of Health and Human
Services to contract with
Institute
of Medicine of National Academy of Sciences to conduct a study of extent to
which cost of drug abuse
treatment
is covered by private insurance, public programs, and other sources of payment,
and adequacy of such
coverage
for the rehabilitation of drug abusers, and not later than 18 months after
execution of such contract to
transmit
to Congress report of results of study, including recommendations of means to
meet the needs
identified
in such study.
HEALTH
INSURANCE COVERAGE FOR DRUG AND ALCOHOL TREATMENT
Pub. L. 99-570, title VI, Sec. 6006,
Oct. 27, 1986, 100 Stat. 3207-160, provided that:
''(a) Findings.
- The Congress finds that -
''(1) drug
and alcohol abuse are problems of grave concern and consequence in
American
society;
''(2)
over 500,000 individuals are known heroin addicts; 5 million individuals use
cocaine;
and at least 7 million individuals regularly use prescription drugs,
mostly addictive
ones, without medical supervision;
''(3) 10
million adults and 3 million children and adolescents abuse alcohol, and
an
additional 30 to 40 million people are adversely affected because of close
family
ties to alcoholics;
''(4) the total cost of drug abuse to
the Nation in 1983 was over
$60,000,000,000; and
''(5) the
vast majority of health benefits plans provide only limited coverage for
treatment
of drug and alcohol addiction, which is a fact that can discourage the
abuser
from seeking treatment or, if the abuser does seek treatment, can cause
the
abuser to face significant out of pocket expenses for the treatment.
''(b)
Sense of Congress. - It is the sense of Congress that -
''(1) all
employers providing health insurance policies should ensure that the
policies
provide adequate coverage for treatment of drug and alcohol addiction
in
recognition that the health consequences and costs for individuals and society
can be as
formidable as those resulting from other diseases and illnesses for
which
insurance coverage is much more adequate; and
''(2)
State insurance commissioners should encourage employers providing
health
benefits plans to ensure that the policies provide more adequate
coverage
for treatment of drug and alcohol addiction.''
COMMISSION
ON MARIHUANA AND DRUG ABUSE
Section
601 of Pub. L. 91-513, as amended by Pub. L. 92-13, May 14, 1971, 85 Stat. 37,
provided that:
''(a) (Establishment;
composition) 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 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)
(Chairman; Vice Chairman; compensation of members; meetings)
(1) The
President shall designate one of the members of the Commission as
Chairman
and one as Vice Chairman. Seven members 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 full-time
officers
or employees of the United States shall serve without 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 private 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 the call of a
majority of
the members thereof.
''(c)
(Personnel; experts; information from departments and agencies)
(1) The
Commission shall have the power to appoint and fix 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.
''(2) The
Commission may procure, in accordance with the provisions of section
3109 of
title 5, United States Code, the temporary or intermittent services of
experts
or consultants. Persons so employed shall receive compensation at a
rate to
be fixed by the Commission, but not in excess of $75 per diem, including
travel
time. While away from his home or regular place of business in the
performance
of services for the Commission, any such person may be allowed
travel
expenses, including per diem in lieu of subsistence, as authorized by
section
5703(b) of title 5, United States Code, for persons in the Government
service
employed intermittently.
''(3) The
Commission may secure directly from any department or agency of the
United
States information necessary to enable it to 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)
(Marihuana study; report to the President and the Congress)
(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 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)
(Study and investigation of causes of drug abuse; report to the President and
the Congress;
termination
of Commission) 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)
(Limitation on expenditures) Total expenditures of the Commission shall not
exceed
$4,000,000.''
-EXECEXECUTIVE
ORDER NO.
11599
Ex. Ord.
No. 11599, June 17, 1971, 36 F.R. 11793, which established the Special Action
Office for Drug Abuse
Prevention,
was superseded. See Prior Provisions notes set out under section 1111 of this
title.
EXECUTIVE
ORDER NO. 11641
Ex. Ord.
No. 11641, Jan. 28, 1972, 37 F.R. 2421, which established the Office for Drug
Abuse Law Enforcement,
was
revoked by Ex. Ord. No. 11727, July 6, 1973, 38 F.R. 18357, set out below.
EXECUTIVE
ORDER NO. 11676
Ex. Ord.
No. 11676, July 27, 1972, 37 F.R. 15125, which established the Office of
National Narcotics Intelligence,
was
revoked by Ex. Ord. No. 11727, July 6, 1973, 38 F.R. 18357, set out below.
EX. ORD. NO. 11727. DRUG LAW
ENFORCEMENT
Ex. Ord. No. 11727, July 6, 1973, 38
F.R. 18357, provided: Reorganization Plan No. 2 of 1973 (set out in the
Appendix to Title 5, Government
Organization and Employees), which becomes effective on July 1, 1973, among
other things establishes a Drug
Enforcement Administration in the Department of Justice. In my
message to the
Congress
transmitting that plan, I stated that all functions of the Office for Drug
Abuse Law Enforcement
(established
pursuant to Executive Order No. 11641 of January 28, 1972) and the Office of
National Narcotics
Intelligence
(established pursuant to Executive Order No. 11676 of July 27, 1972) would,
together with other
related
functions, be merged in the new Drug Enforcement Administration.
NOW,
THEREFORE, by virtue of the authority vested in me by the Constitution and laws
of the United States,
including
section 5317 of title 5 of the United States Code, as amended, it is hereby
ordered as follows:
Section
1. The Attorney General, to the extent permitted by law, is authorized to
coordinate all activities of
executive
branch departments and agencies which are directly related to the enforcement
of laws respecting
narcotics
and dangerous drugs. Each department and agency of the Federal Government
shall, upon request
and to
the extent permitted by law, assist the Attorney General in the performance of
functions assigned to him
pursuant
to this order, and the Attorney General may, in carrying out those functions,
utilize the services of any
other
agencies, Federal and State, as may be available and appropriate.
Sec. 2.
Executive Order No. 11641 of January 28, 1972, is revoked and the Attorney
General shall provide for
the
reassignment of the functions of the Office for Drug Abuse Law Enforcement and
for the abolishment of that
Office.Sec.
3. Executive Order No. 11676 of July 27, 1972, is hereby revoked and the
Attorney General shall
provide
for the reassignment of the functions of the Office of National Narcotics
Intelligence and for the
abolishment
of that Office.
Sec. 4.
Section 1 of Executive Order No. 11708 of March 23, 1973, as amended (set out
as a note under section
5317 of
Title 5, Government Organization and Employees), placing certain positions in
level IV of the Executive
Schedule
is hereby further amended by deleting -
(1) ''(6)
Director, Office for Drug Abuse Law Enforcement, Department of Justice.''; and
(2) ''(7)
Director, Office of National Narcotics Intelligence, Department of Justice.''
Sec. 5.
The Attorney General shall provide for the winding up of the affairs of the two
offices and for the
reassignment
of their functions.
Sec. 6.
This order shall be effective as of July 1, 1973. Richard Nixon.
-SECREFACT
REFERRED
TO IN OTHER SECTIONS
The
Chemical Diversion and Trafficking Act of 1988 is referred to in title 18
section 1956.
SECTION
REFERRED TO IN OTHER SECTIONS
This
section is referred to in title 15 section 1456.
-CITE-
21 USC
Sec. 801a 01/22/02
-EXPCITETITLE
21 - FOOD
AND DRUGS
CHAPTER
13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER
I - CONTROL AND ENFORCEMENT
Part A -
Introductory Provisions
-HEADSec.
801a.
Congressional findings and declarations: psychotropic substances
-STATUTEThe
Congress
makes the following findings and declarations:
(1) The
Congress has long recognized the danger involved in the manufacture,
distribution, and use of certain
psychotropic
substances for nonscientific and nonmedical purposes, and has provided strong
and effective
legislation
to control illicit trafficking and to regulate legitimate uses of psychotropic
substances in this country.
Abuse of
psychotropic substances has become a phenomenon common to many countries,
however, and is not
confined
to national borders. It is, therefore, essential that the United States
cooperate with other nations in
establishing
effective controls over international traffic in such substances.
(2) The
United States has joined with other countries in executing an international
treaty, entitled the Convention
on
Psychotropic Substances and signed at Vienna, Austria, on February 21, 1971,
which is designed to establish
suitable
controls over the manufacture, distribution, transfer, and use of certain
psychotropic substances. The
Convention
is not self-executing, and the obligations of the United States there under may
only be performed
pursuant
to appropriate legislation. It is the intent of the Congress that the
amendments made by this Act,
together
with existing law, will enable the United States to meet all of its obligations
under the Convention and
that no
further legislation will be necessary for that purpose.
(3) In
implementing the Convention on Psychotropic Substances, the Congress intends
that, consistent with the
obligations
of the United States under the Convention, control of psychotropic substances
in the United States
should be
accomplished within the framework of the procedures and criteria for
classification of substances
provided
in the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 801 et seq.).
This will
insure
that (a) the availability of psychotropic substances to manufacturers,
distributors, dispensers, and
researchers
for useful and legitimate medical and scientific purposes will not be unduly
restricted; (B) nothing in
the
Convention will interfere with bona fide research activities; and (C) nothing
in the Convention will interfere
with
ethical medical practice in this country as determined by the Secretary of
Health and Human Services on the
basis of
a consensus of the views of the American medical and scientific community.
-SOURCE-
(Pub. L.
95-633, title I, Sec. 101, Nov. 10, 1978, 92 Stat. 3768;
Pub. L.
96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)
-REFTEXTREFERENCES
IN TEXT
This Act,
referred to in par. (2), is Pub. L. 95-633, Nov. 10, 1978, 92 Stat. 2768, as
amended, known as the
Psychotropic
Substances Act of 1978, which enacted sections 801a, 830, and 852 of this
title, amended sections
352, 802, 811, 812, 823, 827, 841 to 843, 872, 881, 952, 953, and 965 of this
title and section 242a of Title 42,
The
Public Health and Welfare, repealed section 830 of this title effective
Jan. 1, 1981, and enacted provisions
set out
as notes under sections 801, 801a, 812, and 830 of this title. For complete classification of this Act to the
Code, see
Short Title of 1978 Amendment note set out under section 801 of this
title and Tables.
The
Comprehensive Drug Abuse Prevention and Control Act of 1970, referred to in
par. (3), is Pub. L. 91-513,
Oct. 27,
1970, 84 Stat. 1236, as amended, which is classified principally to this
chapter (Sec. 801 et seq.). For
complete
classification of this Act to the Code, see Short Title note set out under
section 801 of this title and
Tables.
-CODCODIFICATION
Section
was enacted as a part of the Psychotropic Substances Act of 1978, and not as a
part of the Controlled
Substances
Act which comprises this subchapter.
-CHANGECHANGE
OF NAME
''Secretary
of Health and Human Services'' substituted for ''Secretary of Health,
Education, and Welfare'' in par.
(3)
pursuant to section 509(b) of Pub. L. 96-88, which is classified to section
3508(b) of Title 20, Education.
-MISC4-
EFFECTIVE
DATE
Section
112 of title I of Pub. L. 95-633 provided that: ''This title (enacting this
section and section 852 of this title,
amending
sections 352, 802, 811, 812, 823, 827, 872, 952, and 953 of this title and section 242a of Title 42, The
Public
Health and Welfare, and enacting provisions set out as notes under sections 801 and 812 of this
title) and
the
amendments made by this title shall take effect on the date the Convention on
Psychotropic Substances,
signed at
Vienna, Austria on February 21, 1971, enters into force in respect to the
United States.'' (The
Convention
entered into force in respect to the United States on July 15, 1980.)
-CITE-
21 USC
Sec. 802 01/22/02
-EXPCITETITLE
Part A
- Introductory Provisions
-HEADSec.
802. Definitions
-STATUTEAs
used in
this subchapter:
(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
subchapter, 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 subchapter. 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 1986.
(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 321(g)(1) of this
title.
(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.
(16) 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 there from),
fiber,
oil, or cake, or the sterilized seed of such plant which is incapable of
germination.
(17) 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,
opiates, derivatives of opium and opiates, including their isomers, 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. Such term does
not include
the
isoquinoline alkaloids of opium.
(B) Poppy
straw and concentrate of poppy straw.
(C) Coca
leaves, except coca leaves and extracts of coca leaves from which cocaine,
ecgonine,
and
derivatives of ecgonine or their salts have been removed.
(D)
Cocaine, its salts, optical and geometric isomers, and salts of isomers.
(E)
Ecgonine, its derivatives, their salts, isomers, and salts of isomers.
(F) Any
compound, mixture, or preparation which contains any quantity of any of the
substances
referred
to in subparagraphs (a) through (E).
(18) 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.
(19) The
term ''opium poppy'' means the plant of the species Papaver somniferous L.,
except the seed thereof.
(20) The
term ''poppy straw'' means all parts, except the seeds, of the opium poppy,
after mowing.
(21) 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.
(22) The
term ''production'' includes the manufacture, planting, cultivation, growing,
or harvesting of a controlled
substance.
(23) The
term ''immediate precursor'' means a substance -
(a) which
the Attorney General has found to be and by regulation designated as being the
principal
compound used, or produced primarily for use, in the manufacture of a
controlled
substance;
(B) which
is an immediate chemical intermediary used or likely to be used in the
manufacture of
such
controlled substance; and
(C) the
control of which is necessary to prevent, curtail, or limit the manufacture of
such
controlled
substance.
(24) The
term ''Secretary'', unless the context otherwise indicates, means the Secretary
of Health and Human
Services.
(25) The
term ''serious bodily injury'' means bodily injury which involves -
(a) a
substantial risk of death;
(B)
protracted and obvious disfigurement; or
(C)
protracted loss or impairment of the function of a bodily member, organ, or
mental faculty.
(26) The
term ''State'' means a State of the United States, the District of Columbia,
and any commonwealth,
territory,
or possession of the United States.
(27) The
term ''ultimate user'' means a person who has lawfully obtained, and who
possesses, a controlled
substance
for his own use or for the use of a member of his household or for an animal
owned by him or by a
member of
his household.
(28) The
term ''United States'', when used in a geographic sense, means all places and
waters, continental or
insular,
subject to the jurisdiction of the United States.
(29) The term ''maintenance treatment'' means the dispensing, for a period in
excess of twenty-one days, of a
narcotic drug in the treatment of an
individual for dependence upon heroin or other morphine-like drugs.
(30) The
term ''detoxification treatment'' means the dispensing, for a period not in
excess of one hundred and
eighty
days, of a narcotic drug in decreasing doses to an individual in order to
alleviate adverse physiological or
psychological
effects incident to withdrawal from the continuous or sustained use of a
narcotic drug and as a
method of
bringing the individual to a narcotic drug-free state within such period.
(31) The
term ''Convention on Psychotropic Substances'' means the Convention on
Psychotropic Substances
signed at
Vienna, Austria, on February 21, 1971; and the term ''Single Convention on
Narcotic Drugs'' means the
Single
Convention on Narcotic Drugs signed at New York, New York, on March 30, 1961.
(32)
(a) Except
as provided in subparagraph (C), the term ''controlled substance analogue'' means
a
substance
-
(i) the
chemical structure of which is substantially similar to the chemical
structure
of a controlled substance in schedule I or II;
(ii)
which has a stimulant, depressant, or hallucinogenic effect on the central
nervous
system that is substantially similar to or greater than the stimulant,
depressant,
or hallucinogenic effect on the central nervous system of a
controlled
substance in schedule I or II; or
(iii)
with respect to a particular person, which such person represents or intends
to have a
stimulant, depressant, or hallucinogenic effect on the central nervous
system
that is substantially similar to or greater than the stimulant, depressant,
or
hallucinogenic effect on the central nervous system of a controlled substance
in
schedule I or II.
(B) The
designation of gamma butyrolactone or any other chemical as a listed chemical
pursuant
to
paragraph (34) or (35) does not preclude a finding pursuant to subparagraph (a)
of this
paragraph
that the chemical is a controlled substance analogue.
(C) Such
term does not include -
(i) a
controlled substance;
(ii) any
substance for which there is an approved new drug application;
(iii)
with respect to a particular person any substance, if an exemption is in effect
for
investigational use, for that person, under section 355 of this title to the
extent
conduct with respect to such substance is pursuant to such exemption; or
(iv) any
substance to the extent not intended for human consumption before
such an
exemption takes effect with respect to that substance.
(33) The
term ''listed chemical'' means any list I chemical or any list II chemical.
(34) The
term ''list I chemical'' means a chemical specified by regulation of the
Attorney General as a chemical
that is
used in manufacturing a controlled substance in violation of this subchapter
and is important to the
manufacture
of the controlled substances, and such term includes (until otherwise specified
by regulation of the
Attorney
General, as considered appropriate by the Attorney General or upon petition to
the Attorney General by
any
person) the following:
(a) Anthranilic
acid, its esters, and its salts.
(B)
Benzyl cyanide.
(C)
Ephedrine, its salts, optical isomers, and salts of optical isomers.
(D)
Ergonovine and its salts.
(E)
Ergotamine and its salts.
(F)
N-Acetylanthranilic acid, its esters, and its salts.
(G)
Norpseudoephedrine, its salts, optical isomers, and salts of optical isomers.
(H)
Phenylacetic acid, its esters, and its salts.
(I)
Phenylpropanolamine, its salts, optical isomers, and salts of optical isomers.
(J)
Piperidine and its salts.
(K)
Pseudoephedrine, its salts, optical isomers, and salts of optical isomers.
(L)
3,4-Methylenedioxyphenyl-2-propanone.
(M)
Methylamine.
(N)
Ethylamine.
(O)
Propionic anhydride.
(P)
Isosafrole.
(Q)
Safrole.
(R)
Piperonal.
(S)
N-Methylephedrine.
(T)
N-methylpseudoephedrine.
(U)
Hydriodic acid.
(V)
Benzaldehyde.
(W)
Nitroethane.
(X) Gamma
butyrolactone.
(Y) Any
salt, optical isomer, or salt of an optical isomer of the chemicals listed in
subparagraphs
(M) through
(U) of this paragraph.
(35) The
term ''list II chemical'' means a chemical (other than a list I chemical)
specified by regulation of the
Attorney
General as a chemical that is used in manufacturing a controlled substance in
violation of this
subchapter,
and such term includes (until otherwise specified by regulation of the Attorney
General, as
considered
appropriate by the Attorney General or upon petition to the Attorney General by
any person) the
following
chemicals:
(a) Acetic
anhydride.
(B)
Acetone.
(C)
Benzyl chloride.
(D) Ethyl
ether.
(E)
Repealed. Pub. L. 101-647, title XXIII, Sec. 2301(b), Nov. 29, 1990, 104 Stat.
4858.
(F)
Potassium permanganate.
(G)
2-Butanone (or Methyl Ethyl Ketone).
(H)
Toluene.
(I)
Iodine.
(J)
Hydrochloric gas.
(36) The
term ''regular customer'' means, with respect to a regulated person, a customer
with whom the
regulated
person has an established business relationship that is reported to the
Attorney General.
(37) The
term ''regular importer'' means, with respect to a listed chemical, a person
that has an established
record as
an importer of that listed chemical that is reported to the Attorney General.
(38) The
term ''regulated person'' means a person who manufactures, distributes,
imports, or exports a listed
chemical,
tableting machine, or an encapsulating machine or who acts as a broker or
trader for an international
transaction
involving a listed chemical, a tableting machine, or an encapsulating machine.
(39) The
term ''regulated transaction'' means -
(a) a
distribution, receipt, sale, importation, or exportation of, or an
international transaction
involving
shipment of, a listed chemical, or if the Attorney General establishes a
threshold
amount
for a specific listed chemical, a threshold amount, including a cumulative threshold
amount
for multiple transactions (as determined by the Attorney General, in
consultation with the
chemical
industry and taking into consideration the quantities normally used for lawful
purposes),
of a
listed chemical, except that such term does not include
(i) a
domestic lawful distribution in the usual course of business between agents
or
employees of a single regulated person;
(ii) a
delivery of a listed chemical to or by a common or contract carrier for
carriage
in the lawful and usual course of the business of the common or
contract
carrier, or to or by a warehouseman for storage in the lawful and usual
course of
the business of the warehouseman, except that if the carriage or
storage
is in connection with the distribution, importation, or exportation of a
listed
chemical to a third person, this clause does not relieve a distributor,
importer,
or exporter from compliance with section 830 of this title;
(iii) any
category of transaction or any category of transaction for a specific listed
chemical
or chemicals specified by regulation of the Attorney General as
excluded
from this definition as unnecessary for enforcement of this subchapter
or
subchapter II of this chapter;
(iv) any
transaction in a listed chemical that is contained in a drug that may be
marketed
or distributed lawfully in the United States under the Federal Food,
Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.) unless -
(I)(aa)
the drug contains ephedrine or its salts, optical isomers,
or salts
of optical isomers, pseudoephedrine or its salts, optical
isomers,
or salts of optical isomers, or phenylpropanolamine or
its
salts, optical isomers, or salts of optical isomers unless
otherwise
provided by regulation of the Attorney General issued
pursuant
to section 814(e) of this title, except that any sale of
ordinary
over-the-counter pseudoephedrine or
phenylpropanolamine
products by retail distributors shall not be
a
regulated transaction (except as provided in section 401(d) of
the
Comprehensive Methamphetamine Control Act of 1996); or
(bb) the
Attorney General has determined under section 814 of
this
title that the drug or group of drugs is being diverted to
obtain
the listed chemical for use in the illicit production of a
controlled
substance; and
(II) the
quantity of ephedrine, pseudoephedrine,
phenylpropanolamine,
or other listed chemical contained in the
drug
included in the transaction or multiple transactions equals
or
exceeds the threshold established for that chemical by the
Attorney
General, except that the threshold for any sale of
products
containing pseudoephedrine or phenylpropanolamine
products
by retail distributors or by distributors required to
submit
reports by section 830(b)(3) of this title shall be 9 grams
of
pseudoephedrine or 9 grams of phenylpropanolamine in a
single transaction
and sold in package sizes of not more than 3
grams of
pseudoephedrine base or 3 grams of
phenylpropanolamine
base; or (v) any transaction in a chemical
mixture
which the Attorney General has by regulation
designated
as exempt from the application of this subchapter
and
subchapter II of this chapter based on a finding that the
mixture
is formulated in such a way that it cannot be easily used
in the
illicit production of a controlled substance and that the
listed
chemical or chemicals contained in the mixture cannot be
readily
recovered; and
(B) a
distribution, importation, or exportation of a tableting machine or
encapsulating machine.
(40) The
term ''chemical mixture'' means a combination of two or more chemical
substances, at least one of
which is
not a list I chemical or a list II chemical, except that such term does not
include any combination of a list
I
chemical or a list II chemical with another chemical that is present solely as
an impurity.
(41)(a) The
term ''anabolic steroid'' means any drug or hormonal substance, chemically and
pharmacologically
related
to testosterone (other than estrogens, progestins, and corticosteroids) that
promotes muscle growth, and
includes
-
(i)
boldenone,
(ii)
chlorotestosterone,
(iii)
clostebol,
(iv)
dehydrochlormethyltestosterone,
(v)
dihydrotestosterone,
(vi)
drostanolone,
(vii)
ethylestrenol,
(viii)
fluoxymesterone,
(ix)
formebulone,
(x)
mesterolone,
(xi)
methandienone,
(xii)
methandranone,
(xiii)
methandriol,
(xiv)
methandrostenolone,
(xv)
methenolone,
(xvi)
methyltestosterone,
(xvii)
mibolerone,
(xviii)
nandrolone,
(xix)
norethandrolone,
(xx)
oxandrolone,
(xxi)
oxymesterone,
(xxii)
oxymetholone,
(xxiii)
stanolone,
(xxiv)
stanozolol,
(xxv)
testolactone,
(xxvi)
testosterone,
(xxvii)
trenbolone, and
(xxviii)
any salt, ester, or isomer of a drug or substance described or listed in this
paragraph, if
that
salt, ester, or isomer promotes muscle growth.
(B)(i)
Except as provided in clause (ii), such term does not include an anabolic
steroid which is
expressly
intended for administration through implants to cattle or other nonhuman
species and
which has
been approved by the Secretary of Health and Human Services for such
administration.
(ii) If
any person prescribes, dispenses, or distributes such steroid for human use,
such person
shall be
considered to have prescribed, dispensed, or distributed an anabolic steroid
within the
meaning
of subparagraph (A).
(42) The
term ''international transaction'' means a transaction involving the shipment
of a listed chemical across
an
international border (other than a United States border) in which a broker or
trader located in the United
States
participates.
(43) The
terms ''broker'' and ''trader'' mean a person that assists in arranging an
international transaction in a
listed
chemical by -
(a) negotiating
contracts;
(B)
serving as an agent or intermediary; or
(C)
bringing together a buyer and seller, a buyer and transporter, or a seller and
transporter.
(44) The
term ''felony drug offense'' means an offense that is punishable by imprisonment
for more than one year
under any
law of the United States or of a State or foreign country that prohibits or
restricts conduct relating to
narcotic
drugs, marihuana, or depressant or stimulant substances.
(45) The
term ''ordinary over-the-counter pseudoephedrine or phenylpropanolamine
product'' means any product
containing
pseudoephedrine or phenylpropanolamine that is -
(a) regulated
pursuant to this subchapter; and
(B)(i)
except for liquids, sold in package sizes of not more than 3.0 grams of pseudoephedrine
base or
3.0 grams of phenylpropanolamine base, and that is packaged in blister packs,
each
blister
containing not more than two dosage units, or where the use of blister packs is
technically
infeasible,
that is packaged in unit dose packets or pouches; and (ii) for liquids, sold in
package
sizes of
not more than 3.0 grams of pseudoephedrine base or 3.0 grams of
phenylpropanolamine
base.
(46)(a) The
term ''retail distributor'' means a grocery store, general merchandise store,
drug store, or other entity
or person
whose activities as a distributor relating to pseudoephedrine or
phenylpropanolamine products are
limited
almost exclusively to sales for personal use, both in number of sales and
volume of sales, either directly
to
walk-in customers or in face-to-face transactions by direct sales.
(B) For
purposes of this paragraph, sale for personal use means the sale of
below-threshold
quantities
in a single transaction to an individual for legitimate medical use.
(C) For
purposes of this paragraph, entities are defined by reference to the Standard
Industrial
Classification
(SIC) code, as follows:
(i) A
grocery store is an entity within SIC code 5411.
(ii) A
general merchandise store is an entity within SIC codes 5300 through 5399
and 5499.
(iii) A drug
store is an entity within SIC code 5912.
-SOURCE-
(Pub. L.
91-513, title II, Sec. 102, Oct. 27, 1970, 84 Stat. 1242; Pub. L. 93-281, Sec.
2, May 14, 1974, 88 Stat.
124; Pub.
L. 95-633, title I, Sec. 102(b), Nov. 10, 1978, 92 Stat. 3772; Pub. L. 96-88, title
V, Sec. 509(b), Oct. 17,
1979, 93
Stat. 695; Pub. L. 96-132, Sec. 16(a), Nov. 30, 1979, 93 Stat. 1049; Pub. L.
98-473, title II, Sec. 507(a),
(b), Oct.
12, 1984, 98 Stat. 2071; Pub. L. 98-509, title III, Sec. 301(a), Oct. 19, 1984,
98 Stat. 2364; Pub. L. 99-
514, Sec.
2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99-570, title I, Sec. 1003(b), 1203,
1870, Oct. 27, 1986, 100
Stat.
3207-6, 3207-13, 3207-56; Pub. L. 99-646, Sec. 83, Nov. 10, 1986, 100 Stat.
3619; Pub. L. 100-690, title VI,
Sec.
6054, Nov. 18, 1988, 102 Stat. 4316; Pub. L. 101-647, title XIX, Sec. 1902(b),
title XXIII, Sec. 2301, title
XXXV,
Sec. 3599I, Nov. 29, 1990, 104 Stat. 4852, 4858, 4932; Pub. L. 103-200, Sec.
2(a), 7-9(a), Dec. 17, 1993,
107 Stat.
2333, 2340; Pub. L. 103-322, title IX, Sec. 90105(d), title XXXIII, Sec.
330024(a), (b), (d)(1), Sept. 13,
1994, 108
Stat. 1988, 2150; Pub. L. 104-237, title II, Sec. 204(a), 209, title IV, Sec.
401(a), (b), Oct. 3, 1996, 110
Stat.
3102, 3104, 3106, 3107; Pub. L. 104-294, title VI, Sec. 604(b)(4), 607(j), Oct.
11, 1996, 110 Stat. 3506,
3512;
Pub. L. 105-115, title I, Sec. 126(c)(3), Nov. 21, 1997, 111 Stat. 2328; Pub.
L. 106-172, Sec. 3(c), 5(a),
Feb. 18,
2000, 114 Stat. 9, 10; Pub. L. 106-310, div. B, title XXXVI, Sec. 3622(a), Oct.
17, 2000, 114 Stat. 1231.)
-REFTEXTREFERENCES
IN TEXT
This
subchapter, referred to in introductory provisions and in par. (39)(A)(iii),
(v), was in the original ''this title'',
meaning
title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as amended, and is
popularly known as the
''Controlled
Substances Act''. For complete classification of title II to the Code, see
second paragraph of Short
Title
note set out under section 801 of this title and Tables.
Schedules I, II, III, IV, and V, referred to in pars. (6),
(14), and
(32)(A), are set out in section 812(c) of this
title. Subchapter II of this chapter, referred to in par.
(39)(A)(iii),
(v), was in the original ''title III'', meaning title III of Pub. L. 91-513,
Oct. 27, 1970, 84 Stat. 1285. Part
A of
title III comprises subchapter II of this chapter. For classification of Part
B, consisting of sections 1101 to
1105 of
title III, see Tables.
The
Federal Food, Drug, and Cosmetic Act, referred to in par. (39)(A)(iv), is act
June 25, 1938, ch. 675, 52 Stat.
1040, as amended,
which is classified generally to chapter 9 (Sec. 301 et seq.) of this title.
For complete
classification
of this Act to the Code, see section 301 of this title and Tables.
Section
401(d) of the Comprehensive Methamphetamine Control Act of 1996, referred to in
par. (39)(A)(iv)(I)(aa),
is
section 401(d) of Pub. L. 104-237, which is set out below.
-MISC2-
AMENDMENTS
2000 -
Par. (32)(A).
Pub. L.
106-172, Sec. 5(a)(1), substituted ''subparagraph (C)'' for ''subparagraph
(B)'' in introductory provisions.
Par.
(32)(B), (C).
Pub. L.
106-172, Sec. 5(a)(2), (3), added subpar. (B) and redesignated former subpar.
(B) as
(C). Par. (34)(X), (Y).
Pub. L.
106-172, Sec. 3(c), added subpar. (X) and redesignated former subpar. (X) as
(Y).
Par.
(39)(A)(iv)(II). Pub. L. 106-310 substituted ''9 grams'' for ''24 grams'' in
two places and inserted before
semicolon
at end ''and sold in package sizes of not more than 3 grams of pseudoephedrine
base or 3 grams of
phenylpropanolamine
base''.
1997 -
Par. (9)(A). Pub. L. 105-115 redesignated cl. (i) as subpar. (a) and struck out
cl. (ii) which read as follows:
''any
derivative of barbituric acid which has been designated by the Secretary as
habit forming under section
352(d) of
this title; or''.
1996 -
Par. (26). Pub. L. 104-294, Sec. 607(j)(1), amended par.
(26)
generally. Prior to amendment, par. (26) read as follows: ''The term 'State'
means any State, territory, or
possession
of the United States, the District of Columbia, the Commonwealth of Puerto
Rico, the Trust Territory
of the
Pacific Islands, and the Canal Zone.''
Par.
(34)(P), (S), (U). Pub. L. 104-237, Sec. 209(1), substituted ''Isosafrole'' for
''Insosafrole'' in subpar. (P), ''NMethylephedrine''
for
''N-Methylepherdrine'' in subpar. (S), and ''Hydriodic acid'' for ''Hydriotic
acid'' in subpar. (U).
Par.
(35)(G). Pub. L. 104-237, Sec. 209(2), amended subpar. (G) generally, inserting
''(or Methyl Ethyl Ketone)''
before
period at end.
Par.
(35)(I), (J). Pub. L. 104-237, Sec. 204(a), added subpars. (I) and (J).
Par.
(39)(A)(iv)(I)(aa). Pub. L. 104-237, Sec. 401(a)(1), (b)(1), substituted '',
pseudoephedrine or its salts, optical
isomers,
or salts of optical isomers, or phenylpropanolamine or its salts, optical
isomers, or salts of optical
isomers
unless otherwise provided by regulation of the Attorney General issued pursuant
to section 814(e) of this
title,
except that any sale of ordinary over-the-counter pseudoephedrine or
phenylpropanolamine products by
retail
distributors shall not be a regulated transaction (except as provided in
section 401(d) of the Comprehensive
Methamphetamine
Control Act of 1996);'' for ''as the only active medicinal ingredient or
contains ephedrine or its
salts,
optical isomers, or salts of optical isomers and therapeutically insignificant
quantities of another active
medicinal
ingredient;''.
Par.
(39)(A)(iv)(II). Pub. L. 104-237, Sec. 401(a)(2), (b)(2), inserted '',
pseudoephedrine, phenylpropanolamine,''
after
''ephedrine'' and inserted before semicolon '', except that the threshold for
any sale of products containing
pseudoephedrine
or phenylpropanolamine products by retail distributors or by distributors
required to submit
reports
by section 830(b)(3) of this title shall be 24 grams of pseudoephedrine or 24
grams of
phenylpropanolamine
in a single transaction''.
Pars.
(43), (44). Pub. L. 104-237, Sec. 401(b)(3), and Pub. L. 104-294, Sec.
604(b)(4), 607(j)(2), amended
section
identically, redesignating par. (43), relating to felony drug offense, as (44).
Pars.
(45), (46). Pub. L. 104-237, Sec. 401(b)(4), added pars.(45) and (46). 1994 -
Par. (34)(V), (W). Pub. L. 103-
322, Sec.
330024(b), realigned margins and capitalized first letter.
Par.
(35). Pub. L. 103-322, Sec. 330024(d)(1), made technical correction to
directory language of Pub. L. 103-
200, Sec.
2(a)(4)(B). See 1993 Amendment note below.
Par.
(39)(A)(iv)(II). Pub. L. 103-322, Sec. 330024(a), substituted ''; or'' for
period at end.
Par.
(43). Pub. L. 103-322, Sec. 90105(d), added par. (43) defining ''felony drug
offense''. 1993 - Par. (33). Pub.
L.
103-200, Sec. 2(a)(1), substituted ''any list I chemical or any list II
chemical'' for ''any listed precursor chemical
or listed
essential chemical''.
Par.
(34). Pub. L. 103-200, Sec. 2(a)(2), substituted ''list I chemical'' for
''listed precursor chemical'' and
''important
to the manufacture'' for ''critical to the creation'' in introductory
provisions.
Par.
(34)(A), (F), (H). Pub. L. 103-200, Sec. 2(a)(3), inserted '', its esters,''
before ''and''.
Par.
(34)(O). Pub. L. 103-200, Sec. 8(1), (2), redesignated subpar. (P) as (O) and
struck out former subpar. (O)
which
read as follows: ''D-lysergic acid.''
Par.
(34)(P) to (S). Pub. L. 103-200, Sec. 8(2), redesignated subpars. (Q) to (T) as
(P) to (S), respectively.
Former
subpar. (P) redesignated (O).
Par.
(34)(T). Pub. L. 103-200, Sec. 8(2), redesignated subpar. (V) as (T). Former
subpar. (T) redesignated (S).
Par.
(34)(U). Pub. L. 103-200, Sec. 8(1), (2), redesignated subpar. (X) as (U) and
struck out former subpar. (U)
which
read as follows: ''N-ethylephedrine.''
Par.
(34)(V). Pub. L. 103-200, Sec. 8(2), (4), added subpar. (V) and redesignated
former subpar. (V) as (T).
Par.
(34)(W). Pub. L. 103-200, Sec. 8(1), (4), added subpar. (W) and struck out
former subpar. (W) which read as
follows:
''N-ethylpseudoephedrine.''
Par.
(34)(X). Pub. L. 103-200, Sec. 8(2), (3), redesignated subpar. (Y) as (X) and
substituted ''through (U)'' for
''through
(X)''.
Par.
(34)(Y). Pub. L. 103-200, Sec. 8(2), redesignated subpar. (Y) as (X).
Par.
(35). Pub. L. 103-200, Sec. 2(a)(4)(A), (C), substituted ''list II chemical''
for ''listed essential chemical'' and
struck
out ''as a solvent, reagent, or catalyst'' before ''in manufacturing''.
Pub. L.
103-200, Sec. 2(a)(4)(B), as amended by Pub. L. 103-322, Sec. 330024(d)(1),
inserted ''(other than a list
I
chemical)'' before ''specified'' the first time appearing.
Par.
(37). Pub. L. 103-200, Sec. 9(a), amended par. (37) generally. Prior to
amendment, par. (37) read as
follows:
''The term 'regular supplier' means, with respect to a regulated person, a
supplier with whom the
regulated
person has an established business relationship that is reported to the
Attorney General.''
Par.
(38). Pub. L. 103-200, Sec. 2(a)(5), inserted before period at end ''or who
acts as a broker or trader for an
international
transaction involving a listed chemical, a tableting machine, or an
encapsulating machine''.
Par.
(39)(A). Pub. L. 103-200, Sec. 2(a)(6)(A), 7, in introductory provisions,
substituted ''importation, or
exportation
of, or an international transaction involving shipment of,'' for ''importation
or exportation of'' and
inserted
''a listed chemical, or if the Attorney General establishes a threshold amount
for a specific listed
chemical,''
before ''a threshold amount,''.
Par.
(39)(A)(iii). Pub. L. 103-200, Sec. 2(a)(6)(B), inserted ''or any category of
transaction for a specific listed
chemical
or chemicals'' after ''transaction''.
Par.
(39)(A)(iv). Pub. L. 103-200, Sec. 2(a)(6)(C), amended cl. (iv) generally.
Prior to amendment, cl. (iv) read as
follows:
''any transaction in a listed chemical that is contained in a drug that may be
marketed or distributed
lawfully
in the nited States under the Federal Food, Drug, and Cosmetic Act; or''.
Par.
(39)(A)(v). Pub. L. 103-200, Sec. 2(a)(6)(D), inserted before semicolon at end
''which the Attorney General
has by
regulation designated as exempt from the application of this subchapter and
subchapter II of this chapter
based on
a finding that the mixture is formulated in such a way that it cannot be easily
used in the illicit
production
of a controlled substance and that the listed chemical or chemicals contained
in the mixture cannot be
readily
recovered''.
Par.
(40). Pub. L. 103-200, Sec. 2(a)(7), substituted ''list I chemical or a list II
chemical'' for ''listed precursor
chemical
or a listed essential chemical'' in two places.
Pars.
(42), (43). Pub. L. 103-200, Sec. 2(a)(8), added pars. (42) and (43). 1990 -
Par. (32)(A). Pub. L. 101-647,
Sec.
3599I, substituted ''the stimulant'' for ''the stimulent'' in cl. (ii) and ''a
stimulant'' for ''a stimulent'' in cl. (iii).
Par.
(34)(M) to (Y). Pub. L. 101-647, Sec. 2301(a), added subpars. (M) to (Y).
Par.
(35)(E). Pub. L. 101-647, Sec. 2301(b), struck out subpar. (E) ''Hydriodic
acid.''
Par.
(41). Pub. L. 101-647, Sec. 1902(b), added par. (41). 1988 - Par. (8). Pub. L.
100-690, Sec. 6054(1),
inserted
''or a listed chemical'' after ''a controlled substance''.
Par.
(11). Pub. L. 100-690, Sec. 6054(2), inserted ''or a listed chemical'' after
''a controlled substance'' in two
places.
Pars.
(33) to (40). Pub. L. 100-690, Sec. 6054(3), added pars. (33) to (40). 1986 -
Par. (6). Pub. L. 99-514
substituted
''Internal Revenue Code of 1986'' for ''Internal Revenue Code of 1954''.
Par.
(14). Pub. L. 99-570, Sec. 1870, and Pub. L. 99-646 amended par. (14)
identically, substituting ''any optical''
for ''the
optical'' in second and third sentences.
Par.
(25). Pub. L. 99-570, Sec. 1003(b)(1), added par. (25). Former par. (25)
redesignated (26).
Pars.
(26) to (31). Pub. L. 99-570, Sec. 1003(b)(2), redesignated pars. (25) to (30)
as (26) to (31), respectively.
Par.
(32). Pub. L. 99-570, Sec. 1203, added par. (32). 1984 - Pars. (14) to (16).
Pub. L. 98-473, Sec. 507(a),
added
par. (14) and redesignated former pars. (14) to (16) as (15) to (17),
respectively.
Par.
(17). Pub. L. 98-473, Sec. 507, redesignated former par. (16) as (17), and
expanded and revised definition
of
''narcotic drug'', including within term poppy straw, cocaine, and ecgonine.
Former par. (17) redesignated (18).
Pars.
(18) to (28). Pub. L. 98-473, Sec. 507(a), redesignated former pars. (17) to
(27) as (18) to (28),
respectively.
Par.
(29). Pub. L. 98-509 which directed the substitution of ''one hundred and
eighty'' for ''twenty-one'' in par.
(28), was
executed to par. (29) in view of the redesignation of par. (28) as par. (29) by
Pub. L. 98-473.
Pub. L.
98-473, Sec. 507(a), redesignated former par. (28) as (29). Former par. (29)
redesignated (30).
Par.
(30). Pub. L. 98-473, Sec. 507(a), redesignated former par. (29) as (30). 1979
- Par. (4). Pub. L. 96-132
substituted
provisions defining ''Drug Enforcement Administration'' for provisions defining
''Bureau of Narcotics
and
Dangerous Drugs''. 1978 - Par. (29). Pub. L. 95-633 added par. (29). 1974 -
Pars. (27), (28). Pub. L. 93-281
added
pars. (27) and (28).
-CHANGECHANGE