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The effect of such order shall be to restore such person, in the contemplation of the law, to the status he occupied before such arrest or indictment or information. No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failures to recite or acknowledge such arrest, or indictment or information, or trial in response to any inquiry made of him for any purpose. D I S T R I B U T I O N TO PERSONS U N D E R AGE T W E N T Y - O N E

SEC. 405. (a) Any person at least eighteen years of age who violates section 401(a)(1) by distributing a controlled substance to a person under twenty-one years of age is (except as provided in subsection (b)) punishable by (1) a term of imprisonment, or a fine, or both, up to twice that authorized by section 401(b), and (2) at least twice any special parole term authorized by section 401(b), for a first offense involving the same controlled substance and schedule. (b) Any person at least eighteen years of age who violates section 401(a)(1) by distributing a controlled substance to a person under twenty-one years of age after a prior conviction or convictions under subsection (a) of this section (or under section 303(b)(2) of the Federal Food, Drug, and Cosmetic Act as in effect prior to the effective date of section 701(b) of this Act) have become final, is punishable by (1) a term of imprisonment, or a fine, or both, up to three times that authorized by section 401(b), and (2) at least three times any special parole term authorized by section 401(b), for a second or subsequent offense involving the same controlled substance and schedule.

21 USC* 333.^' Post, p. 1281.,

ATTEMPT AND CONSPIRACY

SEC. 406. Any person who attempts or conspires to commit any offense defined in this title is punishable by imprisonment or fine or both which may not exceed the maximum punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy. ADDITIONAL PENALTIES

SEC. 407. Any penalty imposed for violation of this title shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law. CONTINUING CRIMINAL ENTERPRISE

SEC. 408. (a)(1) Any person who engages in a continuing criminal enterprise shall be sentenced to a term of imprisonment which may not be less than 10 years and which may be up to life imprisonment, to a fine of not more than $100,000, and to the forfeiture prescribed in paragraph (2); except that if any person engages in such activity after one or more prior convictions of him under this section have become final, he shall be sentenced to a term of imprisonment which may not be less than 20 years and which may be up to life imprisonment, to a fine of not more than $200,000, and to the forfeiture prescribed in paragraph (2). (2) Any person who is convicted under paragraph (1) of engaging in a continuing criminal enterprise shall forfeit to the United States— (A) the profits obtained by him in such enterprise, and

penalty.

Forfeiture.

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1266

Post,

p. 1285.

65 Stat. 150. 47 Stat. 6 9 7; 61 Stat. 3 7 8; 67 Stat. 9 1; 79 Stat. 1 1 3. Jurisdiction.

(B) any of his interest in, claim against, or property or contractual rights of any kind affording a source of influence over, such enterprise. (b) For purposes of subsection (a), a person is engaged in a continuing criminal enterprise if— (1) he violates any provision of this title or title III the punishment for which is a felony, and (2) such violation is a part of a continuing series of violations of this title or title III — (A) which are undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, and (B) from which such person obtains substantial income or resources. (c) In the case of any sentence imposed under this section, imposition or execution of such sentence shall not be suspended, probation shall not be granted, and section 4202 of title 18 of the United States Code and the Act of July 15, 1932 (D.C. Code, secs. 24-203—24-207), shall not apply. (d) The district courts of t)he United States (including courts in the territories or possessions of the United States having jurisdiction under subsection (a)) shall have jurisdiction to enter such restraining orders or prohibitions, or to take such other actions, including the acceptance of satisfactory performance bonds, in connection with any property or other interest subject to forfeiture under this section, as they shall deem proper. DANGEROUS SPECIAL DRUG OFFENDER

Notice,

Prohibition.

Hearing without jury.

[84 STAT.

SENTENCING

SEC. 409. (a) Whenever a United States attorney charged with the prosecution of a defendant in a court of the United States for an alleged felonious violation of any provision of this title or title III committed when the defendant was over the age of twenty-one years has reasons to believe that the defendant is a dangerous special drug offender such United States attorney, a reasonable time before trial or acceptance by the court of a plea of guilty or nolo contendere, may sign and file with the court, and may amend, a notice (1) specifying that the defendant is a dangerous special drug offender who upon conviction for such felonious violation is subject to the imposition of a sentence under subsection (b) of this section, and (2) setting out with particularity the reasons why such attorney believes the defendant to be a dangerous special drug offender. In no case shall the fact that the defendant is alleged to be a dangerous special drug offender be an issue upon the trial of such felonious violation, be disclosed to the jury, or be disclosed before any plea of guilty or nolo contendere or verdict or finding of guilty to the presiding judge without the consent of the parties. If the court finds that the filing of the notice as a public record may prejudice fair consideration of a pending criminal matter, it may order the notice sealed and the notice shall not be subject to subpena or public inspection during the pendency of such criminal matter, except on order of the court, but shall be subject to inspection by the defendant alleged to be a dangerous special drug offender and his counsel. (b) Upon any plea of guilty or nolo contendere or verdict or finding of guilty of the defendant of such felonious violation, a hearing shall be held, before sentence is imposed, by the court sitting without a jury.

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The court shall fix a time for the hearing, and notice thereof shall be given to the defendant and the United States at least ten days prior thereto. The court shall permit the United States and counsel for the defendant, or the defendant if he is not represented by counsel, to inspect the presentence report sufficiently prior to the hearing as to afford a reasonable opportunity for verification. I n extraordinary cases, the court may withhold material not relevant to a proper sent<?ince, diagnostic opinion which might seriously disrupt a program of rehabilitation, any source of information obtained on a promise of confidentiality, and material previously disclosed in open court. A court withholding all or part of a presentence report shall inform the parties of its action and place in the record the reasons therefor. The court may require parties inspecting all or part of a presentence report to give notice of any part thereof intended to be controverted. In connection with the hearing, the defendant and the United States shall be entitled to assistance of counsel, compulsory process, and cross-examination of such witnesses as appear at the hearing. A duly authenticated copy of a former judgment or commitment shall be prima facie evidence of such former judgment or commitment. If it appears by a preponderance of the information, including information submitted during the trial of such felonious violation and the sentencing hearing and so much of the presentence report as the court relies upon, that the defendant is a dangerous special drug offender, the court shall sentence the defendant to imprisonment for an appropriate term not to exceed twenty-five years and not disproportionate in severity to the maximum term otherwise authorized by law for such felonious violation. Otherwise it shall sentence the defendant in accordance with the law prescribing penalties for such felonious violation. The court shall place in the record its findings, including an identification of the information relied upon in making such findings, and its reasons for the sentence imposed. (c) This section shall not prevent the imposition and execution of a sentence of imprisonment for life or for a term exceeding twentyfive years upon any person convicted of an offense so punishable. (d) Notwithstanding any other provision of this section, the court shall not sentence a dangerous special drug offender to less than any mandatory minimum penalty prescribed by law for such felonious violation. This section shall not be construed as creating any mandatory minimum penalty. (e) A defendant is a special drug offender for purposes of this s e c t i o n if

(1) the defendant has previously been convicted in courts of the United States or a State or any political subdivision thereof for two or more offenses involving dealing in controlled substances, committed on occasions different from one another and different from such felonious violation, and punishable in such courts by death or imprisonment in excess of one year, for one or more of such convictions the defendant has been imprisoned prior to the commission of such felonious violation, and less than five years have elapsed between the commission of such felonious violation and either the defendant's release, or parole or otherwise, from imprisonment for one such conviction or his commission of the last such previous offense or another offense involving dealing in controlled substances and punishable by death or imprisonment in excess of one year under applicable laws of the United States or a State or any political subdivision thereof; or (2) the defendant committed such felonious violation as part of a pattern of dealing in controlled substances which was crimi-

1267 Notice. Presentence report, inspection.

Penalty.

special drug offender.

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 1268

Substantial source of income.

80 Stat. 838. 29 USC 206.

68A Stat. 17; 83 Stat. 655. 26 USC 6 2. Dealing.

Defendant, dan> gerous.

Appeal.

Sentence, review.

PUBLIC LAW 91-513-OCT. 27, 1970

[84 STAT.

nal under applicable laws of any jurisdiction, which constituted a substantial source of his income, and in which he manifested special skill or expertise; or (3) such felonious violation was, or the defendant committed such felonious violation in furtherance of, a conspiracy with three or more other persons to engage in a pattern of dealing in controlled substances which was criminal under applicable laws of any jurisdiction, and the defendant did, or agreed that he would, initiate, organize, plan, finance, direct, manage, or supervise all or part of such conspiracy or dealing, or give or receive a bribe or use force in connection with such dealing. A conviction shown on direct or collateral review or at the hearing to be invalid or for which the defendant has been pardoned on the ground of innocence shall be disregarded for purposes of paragraph (1) of this subsection. I n support of findings under paragraph (2) of this subsection, it may be shown that the defendant has had in his own name or under his control income or property not explained as derived from a source other than such dealing. For purposes of paragraph (2) of this subsection, a substantial source of income means a source of income which for any period of one year or more exceeds the minimum wage, determined on the basis of a forty-hour week and fiftyweek year, without reference to exceptions, under section 6(a)(1) of the Fair Labor Standards Act of 1938 for an employee engaged in commerce or in the production of goods for commerce, and which for the same period exceeds fifty percent of the defendant's declared adjusted gross income under section 62 of the Internal Revenue Code of 1954. For purposes of paragraph (2) of this subsection, special skill or expertise in such dealing includes unusual knowledge, judgment or ability, including manual dexterity, facilitating the initiation, organizing, planning, financing, direction, management, supervision, execution or concealment of such dealing, the enlistment of accomplices in such dealing, the escape from detection or apprehension for such dealing, or the disposition of the fruits or proceeds of such dealing. For purposes of paragraphs (2) and (3) of this subsection, such dealing forms a pattern if it embraces criminal acts that have the same or similar purposes, results, participants, victims, or methods of commission, or otherwise are interrelated by distinguishing characteristics and are not isolated events. (f) A defendant is dangerous for purposes of this section if a period of confinement longer than that provided for such felonious violation is required for the protection of the public from further criminal conduct by the defendant. (g) The time for taking an appeal from a conviction for which sentence is imposed after proceedings under this section shall be measured from imposition of the original sentence. (h) With respect to the imposition, correction, or reduction of a sentence after proceedings under this section, a review of the sentence on the record of the sentencing court may be taken by the defendant or the United States to a court of appeals. Any review of the sentence taken by the United States shall be taken at least five days before expiration of the time for taking a review of the sentence or appeal of the conviction by the defendant and shall be diligently prosecuted. The sentencing court may, with or without motion and notice, extend the time for taking a review of the sentence for a period not to exceed thirty days from the expiration of the time otherwise prescribed by law. The court shall not extend the time for taking a review of the sentence by the United States after the time has expired. A court

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PUBLIC LAW 91-513-OCT. 27, 1970

extending the time for taking a review of the sentence by the United States shall extend the time for taking a review of the sentence or appeal of the conviction by the defendant for the same period. The taking of a review of the sentence by the United States shall be deemed the taking of a review of the sentence and an appeal of the conviction by the defendant. Review of the sentence shall include review of whether the procedure employed was lawful, the findings made were clearly erroneous, or the sentencing court's discretion was abused. The court of appeals on review of the sentence may, after considering the record, including the entire presentence report, information submitted during the trial of such felonious violation and the sentencing hearing, and the findings and reasons of the sentencing court, affirm the sentence, impose or direct the imposition of any sentence which the sentencing court could originally have imposed, or remand for further sentencing proceedings and imposition of sentence, except that a sentence may be made more severe only on review of the sentence taken by the United States and after hearing. Failure of the United States to take a review of the imposition of the sentence shall, upon review taken by the United States of the correction or reduction of the sentence, foreclose imposition of a sentence more severe than that previously imposed. Any withdrawal or dismissal of review of the sentence taken by the United States shall foreclose imposition of a sentence more severe than that reviewed but shall not otherwise foreclose the review of the sentence or the appeal of the conviction. The court of appeals shall state in writing the reasons for its disposition of the review of the sentence. Any review of the sentence taken by the United States may be dismissed on a showing of the abuse of the right of the United States to take such review. INFORMATION FOR

SENTENCING

SEC. 410. Except as otherwise provided in this title or section 808(a) of the Public Health Service Act, no limitation shall be placed on the information concerning the background, character, and conduct of a person convicted of an offense which a court of the United States may receive and consider for the purpose of imposing an appropriate sentence under this title or title III. PROCEEDINGS TO E S T A B L I S H PRIOR

Ante,

p. 1241.

Post,

p. 128,5.

CONVICTIONS

SEC. 411. (a)(1) No person who stands convicted of an offense under this part shall be sentenced to increased punishment by reason of one or more prior convictions, unless before trial, or before entry of a plea of guilty, the United States attorney files an information with the court (and serves a copy of such information on the person or counsel for the person) stating in writing the previous convictions to be relied upon. Upon a showing by the United States attorney that facts regarding prior convictions could not with due diligence be obtained prior to trial or before entry of a plea of guilty, the court may postpone the trial or the taking of the plea of guilty for a reasonable period for the purpose of obtaining such facts. Clerical mistakes in the information may be amended at any time prior to the pronouncement of sentence. (2) An information rnay not be filed under this section if the increased punishment which may be imposed is imprisonment for a term in excess of three years unless the person either waived or was afforded prosecution by indictment for the offense for which such increased punishment may be imposed.

Prohibition.

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 1270 Previous conviction, affirmation or denial.

Denial, written response. Hearing.

Court without juryj evidence.

Constitution of U. S., violation.

Sentence, imposition.

Statute of limitations.

PUBLIC LAW 91-513-OCT. 27, 1970

[84

STAT.

(b) If the United States attorney files an information under this section, the court shall after conviction but before pronouncement of sentence inquire of the person with respect to whom the information was filed whether he affirms or denies that he has been previously convicted as alleged in the information, and shall inform him that any challenge to a prior conviction which is not made before sentence is imposed may not thereafter be raised to attack the sentence. (c)(1) i f the person denies any allegation of the information of prior conviction, or claims that any conviction alleged is invalid, he shall file a written response to the information. A copy of the response shall be served upon the United States attorney. The court shall hold a hearing to determine any issues raised by the response which would except the person from increased punishment. The failure of the United States attorney to include in the information the complete criminal record of the person or any facts in addition to the convictions to be relied upon shall not constitute grounds for invalidating the notice given in the information required by subsection (a)(1). The hearing shall be before the court without a jury and either party may introduce evidence. Except as otherwise provided in paragraph (2) of this subsection, the United States attorney shall have the burden of proof beyond a reasonable doubt on any issue of fact. A t the request of either party, the court shall enter findings of fact and conclusions of law. (2) A person claiming that a conviction alleged in the information was obtained in violation of the Constitution of the United States shall set forth his claim, and the factual basis therefor, with particularity in his response to the information. The person shall have the burden of proof by a preponderance of the evidence on any issue of fact raised by the response. Any challenge to a prior conviction, not raised by response to the information before an increased sentence is imposed in reliance thereon, shall be waived unless good cause be shown for failure to make a timely challenge. (d)(1) If the person files no response to the information, or if the court determines, after hearing, that the person is subject to increased punishment by reason of prior convictions, the court shall proceed to impose sentence upon him as provided by this part. (2) If the court determines that the person has not been convicted as alleged in the information, that a conviction alleged in the information is invalid, or that the person is otherwise not subject to an increased sentence as a matter of law, the court shall, at the request of the United States attorney, postpone sentence to allow an appeal from that determination. If no such request is made, the court shall impose sentence as provided by this part. The person may appeal from an order postponing sentence as if sentence had been pronounced and a final judgment of conviction entered. (e) No person who stands convicted of an offense under this part may challenge the validity of any prior conviction alleged under this section which occurred more than five years before the date of the information alleging such prior conviction. PART E—ADMINISTRATIVE AND ENFORCEMENT

PROVISIONS

rROCEDURES Attorney General, functions, delegation.

SEC. 501. (a) The Attorney General may delegate any of his functions under this title to any officer or employee of the Department of Justice.

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(b) The Attorney General may promulgate and enforce any rules, Regulations. regulations, and procedures which he may deem necessary and appropriate for the efficient execution of his functions under this title. (c) The Attorney General may accept in the name of the Depart- ce?tance!*''*' ^'" ment of Justice any form of devise, bequest, gift, or donation where the donor intends to donate property for the purpose of preventing or controlling the abuse of controlled substances. He may take all appropriate steps to secure possession of such property and may sell, assign, transfer, or convey any such property other than moneys. EDUCATION A N D RESEARCH PROGRAMS OE THE ATTORNEY GENERAL

SEC. 502. (a) The Attorney General is authorized to carry out educational and research programs directly related to enforcement of the laws under his jurisdiction concerning drugs or other substances which are or may be subject to control under this title. Such programs may include— (1) educational and training programs on drug abuse and controlled substances law enforcement for local. State, and Federal personnel; (2) studies or special projects designed to compare the deterrent effects of various enforcement strategies on drug use and abuse; (3) studies or special projects designed to assess and detect accurately the presence in the human body of drugs or other substances which are or may be subject to control under this title, including the development of rapid field identification methods which would enable agents to detect microquantities of such drugs or other substances; (4) studies or special projects designed to evaluate the nature and sources of the supply of illegal drugs throughout the country; (5) studies or special projects to develop more effective methods to prevent diversion of controlled substances into illegal channels; and (6) studies or special projects to develop information necessary to carry out his functions under section 201 of this title. ^"'e, p. 1245. (b) The Attorney General may enter into contracts for such educational and research activities without performance bonds and without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). (c) The Attorney General may authorize persons engaged in re- Research popusearch to withhold the names and other identifying characteristics of cauon!' ''*^"'"'" persons who are the subjects of such research. Persons who obtain this authorization may not be compelled in any Federal, State, or local civil, criminal, administrative, legislative, or other proceeding to identify the subjects of research for which such authorization was obtained. (d) The Attorney General, on his own motion or at the request of,f °"^°"^„t"^" the Secretary, may authorize the possession, distribution, and dispens- s t a n c e s, exception. ing of controlled substances by persons engaged in research. Persons who obtain this authorization shall be exempt from State or Federal prosecution for possession, distribution, and dispensing of controlled substances to the extent authorized by the Attorney General. COOPERATIVE

ARRANGEMENTS

SEC. 503. (a) The Attorney General shall cooperate with local. State, and Federal agencies concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, he is authorized to— 47-348 0 - 7 2 - 8 4 (Pt. 1)

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Assistance.

Confidential lnformation»

PUBLIC LAW 91-513-OCT. 27, 1970

[84 STAT.

(1) arrange for the exchange of information between governmental officials concerning the use and abuse of controlled substances; (2) cooperate in the institution and prosecution of cases in the courts of the United States and before the licensing boards and courts of the several States; (3) conduct training programs on controlled substance law enforcement for local, State, and Federal personnel; (4) maintain in the Department of Justice a unit which will accept, catalog, file, and otherwise utilize all information and statistics, including records of controlled substance abusers and other controlled substance law oifenders, which may be received from Federal, State, and local agencies, and make such information available for Federal, State, and local law enforcement purposes; and (5) conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances may be extracted. (b) When recjuested by the Attorney General, it shall be the duty of any agency or instrumentality of the Federal Government to furnish assistance, including technical advice, to him for carrying out his functions under this title; except that no such agency or instrumentality shall be required to furnish the name of, or other identifying information about, a patient or research subject whose identity it has undertaken to keep confidential. ADVISORY COMMITTEES

Appointment.

SEC. 504. The Attorney General may from time to time appoint committees to advise him with respect to preventing and controlling the Compensation, abuse of controlled substances. Members of the committees may be entitled to receive compensation at the rate of $100 for each day (including traveltime) during which they are engaged in the actual Travel expenses, performance of duties. While traveling on official business in the peretc. formance of duties for the committees, members of the committees shall be allowed expenses of travel, including per diem instead of subsistence, in accordance with subchapter I of chapter 57 of title 5, 80 Stat. 498; United States Code. 83 Stat. 190. 5 USC 5701.

ADMINISTRATIVE HEARINGS

80 Stat. 381. 5 USC 551.

SEC. 505. (a) In carrying out his functions under this title, the Attorney General may hold hearings, sign and issue subpenas, administer oaths, examine witnesses, and receive evidence at any place in the United States. (b) Except as otherwise provided in this title, notice shall be given and hearings shall be conducted under appropriate procedures of subchapter II of chapter 5, title 5, United States Code. SUBPENAS

SEC. 506. (a) In any investigation relating to his functions under this title with respect to controlled substances, the Attorney General may subpena witnesses, compel the attendance and testimony of witnesses, and require the production of any records (including Dooks, papers, documents, and other tangible things which constitute or contain evidence) which the Attorney General finds relevant or material to the investigation. The attendance of witnesses and the production of records may be required from any place in any State or in any territory

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or other place subject to the jurisdiction of the United States at any designated place of hearing; except that a witness shall not be required Exception. to appear at any hearing more than 500 miles distant from the place where he was served with a subpena. Witnesses summoned under this Fees. section shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. (b) A subpena issued under this section may be served by any per- Service. son designated in the subpena to serve it. Service upon a natural person may be made by personal delivery of the subpenai to him. Service may be made upon a domestic or foreign corjDoration or upon a partnership or other unincorporated association which is subject to suit under a common name, by delivering the subpena to an officer, to a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. The affidavit of the person serving the subpena entered on a true copy thereof by the person serving it shall be proof of service. (c) In the case of contumacy by or refusal to obey a subpena issued s^j^^g'^g^^ *° °^'^ to any person, the Attorney General may invoke the aid of any court of the United States within the jurisdiction of which the investigation is carried on or of which the subpenaed person is an inhabitant, or in which he carries on business or may be found, to compel compliance with the subpena. The court may issue an order requiring the sub- order. penaed person to appear before the Attorney General to produce records, if so ordered, or to give testimony touching the matter under investigation. Any failure to obey the order of the court may be d^""'^na°it°^ punished by the court as a contempt thereof. All process in any such ""^jurisdiction! case may be served in any judicial district in which such person may be found. .TUDICIAL REVIEW

SEC. 507. All final determinations, findings, and conclusions of the Attorney General under this title shall be final and conclusive decisions of the matters involved, except that any person aggrieved by a final decision of the Attorney General may obtain review of the decision in the United States Court of Appeals for the District of Columbia or for the circuit in which his principal place of business is located upon petition filed with the court and delivered to the Attorney General within thirty days after notice of the decision. Findings of fact by the Attorney General, if supported by substantial evidence, shall be conclusive. POWERS o r ENFORCEMENT

PERSONNEL

SEC. 508. Any officer or employee of the Bureau of Narcotics and Dangerous Drug designated by the Attorney General may— (1) carry firearms; (2) execute and serve search warrants, arrest warrants, administrative inspection warrants, subpenas, and summonses issued under the authority of the United States; (3) make arrests without warrant (A) for any offense against the United States committed in his presence, or (B) for any felony, cognizable under the laws of the United States, if he has probable cause to believe that the person to be arrested has committed or is committing a felony; (4) make seizures of property pursuant to the provisions of this title; and (5) perform such other law enforcement duties as the Attorney General may designate.

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SEARCH

Authority to break and enter under certain conditions.

WARRANTS

SEC, 509. (a) A search warrant relating to offenses involving controlled substances may be served at any time of the day or night if the judge or United States magistrate issuing the warrant is satisfied that there is probable cause to believe that grounds exist for the warrant and for its service at such time. (b) Any officer authorized to execute a search warrant relating to offenses involving controlled substances the penalty for which is imprisonment for more than one year may, without notice of his authority and purpose, break open an outer or inner door or window of a building, or any part of the building, or anything therein, if the judge or United States magistrate issuing the warrant (1) is satisfied that there is probable cause to believe that (A) the property sought may and, if such notice is given, will be easily and quickly destroyed or disposed of, or (B) the giving of such notice will immediately endanger the life or safety of the executing officer or another person, and (2) has included in the warrant a direction that the officer executing it shall not be required to give such notice. Any officer acting under such warrant, shall, as soon as practicable after entering the premises, identify himself and give the reasons and authority for his entrance upon the premises. ADMINISTRATIVE INSPECTIONS AND

"Controlled premises,"

Ante,

p. 1253.

[84 STAT.

WARRANTS

SEC. 510. (a) As used in this section, the term "controlled premises" means— (1) places where original or other records or documents required under this title are kept or required to be kept, and (2) places, including factories, warehouses, or other establishments, and conveyances, where persons registered under section 303 (or exempted from registration under section 302(d)) may lawfully hold, manufacture, or distribute, dispense, administer, or otherwise dispose of controlled substances. (b)(1) For the purpose of inspecting, copying, and verifying the correctness of records, reports, or other documents required to be kept or made under this title and otherwise facilitating the carrying out of his functions under this title, the Attorney General is authorized, in accordance with this section, to enter controlled premises and to conduct administrative inspections thereof, and of the things specified in this section, relevant to those functions. (2) Such entries and inspections shall be carried out through officers or employees (hereinafter referred to as "inspectors") designated by the Attorney General. Any such inspector, upon stating his purpose and presenting to the owner, operator, or agent in charge of such premises (A) appropriate credentials and (B) a written notice of his inspection authority (which notice in the case of an inspection requiring, or in fact supported by, an administrative inspection warrant shall consist of such warrant), shall have the right to enter such premise'; and conduct such inspection at reasonable times. (3) Except as may otherwise be indicated in an applicable inspec tion warrant, the inspector shall have the right— (A) to inspect and copy records, reports, and other documents required to be kept or made under this title; (B) to inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished drugs and other substances or materials, containers, and labeling found therein, and, except as provided in para-

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1275

graph (5) of this subsection, all other things therein (including records, files, papers, processes, controls, and facilities) appropriate for verification of the records, reports, and documents referred to in clause (A) or otherwise bearing on the provisions of this title; and (C) to inventory any stock of any controlled substance therein and obtain samples of any such substance. (4) Except when the owner, operator, or agent in charge of the controlled premises so consents in writing, no inspection authorized by this section shall extend to— (A) financial data; (B) sales data other than shipment data; or (C) pricing data. (c) A warrant under this section shall not be required for the inspection of books and records pursuant to an administrative subpena issued in accordance with section 506, nor for entries and administrative inspections (including seizures of property)— (1) with the consent of the owner, operator, or agent in charge of the controlled premises; (2) in situations presenting imminent danger to health or safety; (3) in situations involving inspection of conveyances where there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant; (4) in any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; or (5) in any other situations where a warrant is not constitutionally required. Administrative (d) Issuance and execution of administrative inspection warrants inspection war« shall be as follows: rants, issuance (1) Any judge of the United States or of a State court of record, ^"d execution or any United States magistrate, may, within his territorial jurisdiction, and upon proper oath or affirmation showing probable cause, issue warrants for the purpose of conducting administrative inspections authorized by this title or regulations thereunder, and seizures "Probable of property appropriate to such inspections. For the purposes of this cause," section, the term "probable cause" means a valid public interest in the effective enforcement of this title or regulations thereunder sufficient to justify administrative inspections of the area, premises, building, or conveyance, or contents thereof, in the circumstances specified in the application for the warrant. (2) A warrant shall issue only upon an affidavit of an officer or employee having knowledge of the facts alleged, sworn to before the judge or magistrate and establishing the grounds for issuing the warrant. If the judge or magistrate is satisfied that grounds for the application exist or that there is probable cause to believe they exist, he shall issue a warrant identifying the area, premises, building, or conveyance to be inspected, the purpose of such inspection, and, where appropriate, the type of property to be inspected, if any. The warrant shall identify the items or types of property to be seized, if any. The warrant shall be directed to a person authorized under subsection (b)(2) to execute it. The warrant shall state the grounds for its issuance and the name of the person or persons whose affidavit has been taken in support thereof. It shall command the person to whom it is directed to inspect the area, premises, building, or conveyance identified for the purpose specified, and, where appropriate, shall direct the seizure of the property specified. The warrant shall direct that it be served during normal business hours. It shall designate the judge or magistrate to whom it shall be returned.

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[84 STAT.

(3) A warrant issued pursuant to this section must be executed and returned within ten days of its date unless, upon a showing by the United States of a need therefor, the judge or magistrate allows additional time in the warrant. If property is seized pursuant to a warrant, the person executing the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken. The return of the warrant shall be made promptly and shall be accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken, if they are present, or in the presence of at least one credible person other than the person making such inventory, and shall be verified by the person executing the warrant. The judge or magistrate, upon request, shall deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the warrant. Warrants, filing. (4) The judgc or magistrate who has issued a warrant under this section shall attach to the warrant a copy of the return and all papers filed in connection therewith and shall file them with the clerk of the district court of the United States for the judicial district in which the inspection was made. FORPEITURES

Post,

p. 1285.

SEC. 511. (a) The following shall be subject to forfeiture to the United States and no property right shall exist in them: (1) All controlled substances which have been manufactured, distributed, dispensed, or acquired in violation of this title. (2) All raw materials, products, and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance in violation (vf this title. (3) All property which is used, or intended for use, as a container for property described in paragraph (1) or (2). (4) All conveyances, including aircraft, vehicles, or vessels, which are used, or are intended for use, to transport, or in any manner to facilitate the transportation, sale, receipt, possession, or concealment of property described in paragraph (1) or (2), except that— (A) no conveyance used by any person as a common carrier in the transaction of business as a common carrier shall be forfeited under the provisions of this section unless it shall appear that the owner or other person in charge of such convey^ance was a consenting party or privy to a violation of this title or title III; and (B) no conveyance shall be forfeited under the provisions of this section by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than such owner while such conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States, or of any State. (5) All books, records, and research, including formulas, microfilm, tapes, and data which are used, or intended for use, in violation of this title.

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PUBLIC LAW 91-513-OCT. 27, 1970

(b) Any property subject to forfeiture to the United States under this title may be seized by the Attorney General upon process issued pursuant to the Supplemental Rules for Certain Admiralty and Maritime Claims by any district court of the United States having jurisdiction over the property, except that seizure without such process may be made when— (1) the seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant; (2) the property subject to seizure has been the subject of a prior judgment in favor of the United States in a criminal injunction or forfeiture proceeding under this title; (3) the Attorney General has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or (4) the Attorney General has probable cause to believe that the property has been used or is intended to be used in violation of this title. In the event of seizure pursuant to paragraph (3) or (4) of this sub* section, proceedings under subsection (d) of this section shall be instituted promptly. (c) Property taken or detained under this section shall not be repleviable, but shall be deemed to be in the custody of the Attorney General, subject only to the orders and decrees of the court or the official having jurisdiction thereof. Whenever property is seized under the provisions of this title, the Attorney General may— (1) place the property under seal; (2) remove the property to a place designated by him; or (3) require that the General Services Administration take custody of the property and remove it to an appropriate location for disposition in accordance witlh law. (d) AH provisions of law relating to the seizure, summary and judicial forfeiture, and condemnation of property for violation of the customs laws; the disposition of such property or the proceeds from the sale thereof; the remission or mitigation of such forfeitures; and the compromise of claims and the award of compensation to informers in respect of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this title, insofar as applicable and not inconsistent with the provisions hereof; except that such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs laws shall be performed with respect to seizures and forfeitures of property under this title by such officers, agents, or other persons as may be authorized or designated for that purpose by the Attorney General, except to the extent that such duties arise from seizures and forfeitures effected by any customs officer. (e) Whenever property is forfeited under this title the Attorney General may— (1) retain the property for official use; (2) sell any forfeited property which is not required to be destroyed by law and which is not harmful to the public, but the proceeds from any such sale shall be used to pay all proper expenses of the proceedings for forfeiture and sale including expenses of seizure, maintenance of custody, advertising and court costs; (3) require that the General Services Administration take custody of the property and remove it for disposition in accordance with law; or

1277

seized property,

custody.

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Controlled substances, forfeiture.

PUBLIC LAW 91-513-OCT. 27, 1970

[84 STAT.

(4) forward it to the Bureau of Narcotics and Dangerous Drugs for disposition (including delivery for medical or scientific use to any Federal or State agency under regulations of the Attorney General). (f) All controlled substances in schedule I that are possessed, transferred, sold, or offered for sale in violation of the provisions of this title shall be deemed contraband and seized and summarily forfeited to the United States. Similarly, all substances in schedule I, which are seized or come into the possession of the United States, the owners of which are unknown, shall be deemed contraband and summarily forfeited to the United States. (g)(1) All species of plants from which controlled substances in schedules I and II may be derived which have been planted or cultivated in violation of this title, or of which the owners or cultivators are unknown, or which are wild growths, may be seized and summarily forfeited to the United States. (2) The failure, upon demand by the Attorney General or his duly authorized agent, of the person in occupancy or in control of land or premises upon which such species of plants are growing or being stored, to produce an appropriate registration, or proof that he is the holder thereof, shall constitute authority for the seizure and forfeiture. (3) The Attorney General, or his duly authorized agent, shall have authority to enter upon any lands, or into any dwelling pursuant to a search warrant, to cut, harvest, carry off, or destroy such plants. INJUNCTIONS

Jurisdiction.

28 USC app.

SEC. 512. (a) The district courts of the United States and all courts exercising general jurisdiction in the territories and possessions of the United States shall have jurisdiction in proceedings in accordance with the Federal Rules of Civil Procedure to enjoin violations of this tide. (b) In case of an alleged violation of an injunction or restraining order issued under this section, trial shall, upon demand of the accused, be by a jury in accordance with the Federal Rules of Civil Procedure. ENFORCEMENT PROCEEDINGS

Notice.

SEC. 513. Before any violation of this title is reported by the Director of the Bureau of Narcotics and Dangerous Drugs to any United States attorney for institution of a criminal proceedingj the Director may require that the person against whom such proceeding is contemplated be given appropriate notice and an opportunity to present his views, either orally or in writing, with regard to such contemplated proceeding. IMMUNITY AND PRIVILEGE

Refusal to testify, prohibition*

SEC. 514. (a) Whenever a witness refuses, on the basis of his privilege against self-incrimination, to testify or provide other information in a proceeding before a court or grand jury of the United States, involving a violation of this title, and the person presiding over the proceeding communicates to the witness an order issued under this section, the witness may not refuse to comply with the order on the basis of his privilege against self-incrimination. But no testimony or other information compelled under the order issued under subsection (b) of this section or any information obtained by the exploitation of such testimony or other information, may be used against the witness in any criminal case, including any criminal case brought in a court of a State, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order.

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PUBLIC LAW 91.513-OCT. 27, 1970

(b) I n the case of any individual who has been or may be called to testify or provide other information at any proceeding before a court or grand jury of the United States, the United States district court for the judicial district in which the proceeding is or may be held shall issue, upon the request of the United States attorney for such district, an order requiring such individual to give any testimony or provide any other information which he refuses to give or provide on the basis of his privilege against self-incrimination. (c) A United States attorney may, with the approval of the Attorney General or the Deputy Attorney General, or any Assistant Attorney General designated by the Attorney General, request an order under subsection (b) when in his judgment— (1) the testimony or other information from such individual may be necessary to the public interest; and (2) such individual has refused or is likely to refuse to testify or provide other information on the basis of his privilege against self-incrimination.

1279

order,

BURDEN o r PROOF; LIABILITIES

SEC. 515. (a)(1) I t shall not be necessary for the United States to negative any exemption or exception set forth in this title in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this title, and the burden of going forward with the evidence with respect to any such exemption or exception shall be upon the person claiming its benefit. (2) I n the case of a person charged under section 404(a) with the possession of a controlled substance, any label identifying such substance for purposes of section 503(b)(2) of the Federal Food, Drug, and Cosmetic Act shall be admissible in evidence and shall be prima facie evidence that such substance was obtained pursuant to a valid prescription from a practitioner while acting in the course of his professional practice. (b) I n the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this title, he shall be presumed not to be the holder of such registration or form, and the burden of going forward with the evidence with respect to such registration or form shall be upon him. (c) The burden of going forward with the evidence to establish that a vehicle, vessel, or aircraft used in connection with controlled substances in schedule I was used in accordance with the provisions of this title shall be on the persons engaged in such use. (d) Except as provided in sections 2234 and 2235 of title 18, United States Code, no civil or criminal liability shall be imposed by virtue of this title upon any duly authorized Federal officer lawfully engaged in the enforcement of this title, or upon any duly authorized officer of any State, territory, political subdivision thereof, the District of Columbia, or any possession of the United States, who shall be lawfully engaged in the enforcement of any law or municipal ordinance relating to controlled substances.

^"'e, p. i264. ^s Stat. 648. ^^ "^^ ^^^•

hitufo""^^'^'"" 62 s°tLt. soa.

PAYMENTS AND ADVANCES

SEC. 516. (a) The Attorney General is authorized to pay any per- informers, payson, from funds appropriated for the Bureau of Narcotics and Dan- ment. ""'"' gerous Drugs, for information concerning a violation of this title, such sum or sums of money as he may deem appropriate, without reference to any moieties or rewards to which such person may otherwise be entitled by law.

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(b) Moneys expended from appropriations of the Bureau of Narcotics and Dangerous Drugs for purchase of controlled substances and subsequently recovered shall be reimbursed to the current appropriation for the Bureau. Funds,advance(c) The Attorney General is authorized to direct the advance of ment, authority of Attorney General, funds by the Treasury Department in connection with the enforcement of this title. PART F—ADVISORY COMMISSION ESTABLISHMENT OF CX)MMISSION ON MARIHUANA AND DRUG ABUSE

SEC. 601. (a) There is established a commission to be known as the Commission on Marihuana and Drug Abuse (hereafter in this section Membership, 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)(1) The President shall designate one of the members of the Quorum, Commission as Chairman, and one as Vice Chairman. Seven members of the Commission shall constitute a quorum, but a lesser number may conduct hearings, Travel ex(2) Members of the Commission who are Members of Congress or penses, etc. full-time officers or employees of the United States shall ser^^e without additional compensation but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of the duties Compensation. 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. Meetings, (3) The Commission shall meet at the call of the Chairman or at the call of a majority of the members thereof. Personnel. (c)(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 80 Stat, 443,467 51 and subchapter III of chapter 53 of such title, relating to classifi5 USC 5101, cation and General Schedule pay rates. 5331. Ante, p. 198-1. (2) The Commission may procure, in accordance with the proviExperts and sions of section 3109 of title 5, United States Code, the temporary or consultants. 80 Stat. 416. intermittent services of experts or consultants. Persons so employed shall receive compensation at a rate to be fixed by the Commission, Travel expenses, but not in excess of $75 per diem, including traveltime. While away etc. 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 80 Stat, 499; section 5703(b) of title 5, United States Code, for persons in the 83 Stat, 190. Government service employed intermittently. Information, (3) The Commission may secure directly from any department or availability. agency of the United States information necessary to enable it to

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STAT.]

PUBLIC LAW 91-513-OCT. 27, 1970

carry out its duties under this section. Upon request of the Chairman of the Commission, such department or agency shall furnish such information to the Commission. (d)(1) The Commission shall conduct a study of marihuana including, but not limited to, the following areas: (A) the extent of use of marihuana in the United States to include its various sources, the number of users, number of arrests, number of convictions, amount of marihuana seized, type of user, nature of use; (B) an evaluation of the efficacy of existing marihuana laws; (C) a study of the pharmacology of marihuana and its imr mediate 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 sihall include its recommendations and such proposals for legislation and administrative action as may be necessary to carry out its recommendations. (e) The Commission shall conduct a comprehensive study and investigation of the causes of drug abuse and their relative significance. The Commission shall submit to the President and the Congress such interim reports as it deems advisable and shall within two years after the date on which funds first become available to carry out this section submit to the President and the Congress a final report which shall contain a detailed statement of its findings and conclusions and also such recommendations for legislation and* administrative actions as it deems appropriate. The Commission shall cease to exist sixty days after the final report is submitted under this subsection. (f) Total expenditures of the Commission shall not exceed $1,000,000.

1281

Marihuana, study.

Report to President and Congress.

Drug abuse, study and investigation. Interim reports, final report to President and Congress.

Termination. Expenditures, limitation.

PART G—CONFORMING, TRANSITIONAL AND EFFECTIVE BATE, AND GENERAL PROVISIONS REPEALS AND CONFORMING AMENDMENTS

SEC. 701. (a) Sections 201(v), 301 (q), and 511 of the Federal Food, Repeals. 79 Stat. Drug, and Cosmetic Act (21 U.S.C. 321 (v), 331 (q), 360(a) -are 232,228; 227, repealed. 82 Stat. 1361. (b) Subsections (a) and (b) of section 303 of the Federal Food, Penalties. Drug, and Cosmetic Act (21 U.S.C. 333) are amended to read as 82 Stat. 1361, follows: "SEC. 303. (a) Any person who violates a provision of section 301 shall be imprisoned for not more than one year or fined not more than. $1,000, or both. "(b) Notwithstanding the provisions of subsection (a) of this section, if any person commits such a violation after a conviction of him under this section has become final, or commits such a violation with the intent to defraud or mislead, such person shall be imprisoned for not more than three years or fined not more than $10,000 or both." (c) Section 304(a)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 334(a)(2)) is amended (1) by striking out clauses 79 Stat. 232. (A) and (D), (2) by striking out "of such depressant or stimulant

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79 Stat. 233. 76 Stat. 794; 79 Stat. 231.

79 Stat. 234.

PUBLIC LAW 91-513-OCT. 27, 1970

[84 STAT.

drug or" in clause (C), (3) by adding "and" after the comma at the end of clause (C), and (4) by redesignating clauses (B), (C), and (E) as clauses (A), (B), and (C), respectively. (d) Section 304(d)(3) (iii) of the Federal Food, Drug, and Cosnietlc Act (21 U.S.C. 334(d)(3) (iii)) is amended by striking out •'depressant or stimulant drugs or". (e) Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360) is amended (1) in subsection (a) by striking out paragraph (2), by inserting "and" at the end of paragraph (1), and by redesignating paragraph (3) as paragraph (2); (2) by striking out "or in the wholesaling, jobbing, or distributing of any depressant or stimulant drug" in the first sentence of subsection ^b); (3) by striking out the last sentence of subsection (b); (4) by striking out "or in the wholesaling, jobbing, or distributing of any depressant or stimulant drug" in the first sentence of subsection (c); (5) by striking out the last sentence of subsection (c); (6) by striking o u t " (1) " in subsection (d) and by inserting a period after "drug or drugs" m that subsection and deleting the remainder of that subsection; and (7) by striking out "AND CERTAIN WHOLESALERS" in the section heading.

(f) Section 702 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 372) is amended by striking out "to depressant or stimulant drugs or" in subsection (e). (g) Section 201(a)(2) of the Federal Food, Drug, and Cosmetic 76 Stat. 796; ^ c t (21 U.S.C. 321(a)(2)) is amended by inserting a period after 82 Stat. 1362. "Caual Zouc" the first time these words appear and deleting all thereafter in such section 201(a)(2). (h) The last sentence of section 801(a) of the Federal Food, Drug, 52 Stat. 1058. .^nd Cosmetic Act (21 U.S.C. 381(a)) is amended (1) by striking out "This paragraph" and inserting in lieu thereof "Clause (2) of the third sentence of this paragraph,", and (2) by striking out "section 2 of the Act of May 26, 1922, as amended (U.S.C. 1934, edition, title 21, sec. 173)" and inserting in lieu thereof "the Controlled Substances Import and Export Act". 65 Stat. 721. (j)(1) Section 1114 of title 18, United States Code, is amended by striking out "the Bureau of Narcotics" and inserting in lieu thereof "the Bureau of Narcotics and Dangerous Drugs". 75 Stat. 498. (2) Section 1952 of such title is amended— 18 USC 1952. ^^^ l^y inserting in subsection (b)(1) "or controlled substances (as defined in section 102(6) of the Controlled Substances Act) " immediately following "narcotics"; and (B) by striking out "or narcotics" in subsection (c). Drugs, study. (j) Subsection (a) of section 302 of the Public Health Service Act 58 Stat. 692. (42 U.S.C. 242(a)) is amended to read as follows: "SEC. 302. (a) I n carrying out the purposes of section 301 with respect to drugs the use or misuse of which might result in drug abuse or dependency, the studies and investigations authorized therein shall include the use and misuse of narcotic drugs and other drugs. Such studies and investigations shall further include the quantities of crude opium, coca leaves, and their salts, derivatives, and preparations, and Ante, p. 1242. other drugs subject to control under the Controlled Substances Act Post, p. 1285. and Controlled Substances Import and Export Act, together with reserves thereof, necessary to supply the normal and emergency meneyGenerai^""*^" ^^icinal and Scientific requirements of the United States. The results of studies and investigations of the quantities of narcotic drugs or other drugs subject to control under such Acts, together with reserves of such drugs, that are necessary to supply the normal and emergency medicinal and scientific requirements of the United States, shall be

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1283

reported not later than the first day of April of each year to the Attorney General, to be used at his discretion in determining manufacturing quotas or importation requirements under such Acts." P E N D I N G PROCEEDINGS

SEC. 702. (a) Prosecutions for any violation of law occurring prior to the effective date of section 701 shall not be affected by the repeals or amendments made by such section, or abated by retison thereof. (b) Civil seizures or forfeitures and injunctive proceedings commenced prior to the effective date of section 701 shall not be affected by the repeals or amendments made by such section, or abated by reason thereof. (c) All administrative proceedings pending before the Bureau of Narcotics and Dangerous Drugs on the date of enactment of this Act shall be continued and brought to final determination in accord with laws and regulations in effect prior to such date of enactment. Where a drug is finally determined under such proceedings to be a depressant or stimulant drug, as defined in section 201(v) of the Federal Food, Drug, and Cosmetic Act, such drug shall automatically be controlled under this title by the Attorney General without further proceedings and listed in the appropriate schedule after he has obtained the recommendation of the Secretary. Any drug with respect to which such a final determination has been made prior to the date of enactment of this Act which is not listed in section 202 within schedules I through V shall automatically be controlled under this title by the Attorney General without further proceedings, and be listed in the appropriate schedule, after he has obtained the recommendations of the Secretary. PROVISIONAL

^"'^' P- ^^si.

^"'e» P« 1247.

REGISTRATION

SEC. 703. (a)(1) Any person who— (A) is engaged in manufacturing, distributing, or dispensing any controlled substance on the day before the effective date of section 302, and (B) is registered on such day under section 510 of the Federal Food, Drug, and Cosmetic Act or under section 4722 of the Internal Revenue Code of 1954, shall, with respect to each establishment for which such registration is in effect under any such section, be deemed to have a provisional registration under section 303 for the manufacture, distribution, or dispensing (as the case may be) of controlled substances. (2) During the period his provisional registration is in effect under this section, the registration number assigned such person under sucih section 510 or under such section 4722 (as the case may be) shall be his registration number for purposes of section 303 of this title. (b) The provisions of section 304, relating to suspension and revocation of registration, shall apply to a provisional registration under this section. (c) Unless sooner suspended or revoked under subsection (b), a provisional registration of a person under subsection (a)(1) of this section shall be in effect until— (1) the date on which such person hag registered with the Attorney General under section 303 or has had his registration denied under such section, or

Ante, p. 1282. 68A Stat. 555.

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[84 STAT.

(2) such date as may be prescribed by the Attorney General for registration of manufacturers, distributors, or dispensers, as the case may be, whichever occurs first. EFFECTIVE

Ante,

p. 1256.

P u b l i c a t i o n in Federal Register,

DATES

AND

OTHER

TRANSITIONAL,

PROVISIONS

SEC. 704. (a) Except as otherwise provided in this section, this title shall become effective on the first day of the seventh calendar month that begins after the day immediately preceding the date of enactment. (b) Parts A, B, E, and F of this title, section 702, this section, and sections 705 through 709, shall become effective upon enactment. (c) Sections 305 (relating to labels and labeling), and 306 (relating to manufacturing quotas) shall become effective on the date specified in subsection (a) of this section, except that the Attorney General may by order published in the Federal Register postpone the effective date of either or both of these sections for such period as he may determine to be necessary for the efficient administration of this title. C O N T I N U A T I O N OF REGULATIONS

SEC. 705. Any orders, rules, and regulations which have been promulgated under any law affected by this title an!d which are in effect on the day preceding enactment of this title shall continue in effect until modified, superseded, or repealed. SEVERABILITY

SEC. 706. If a provision of this Act is held invalid, all valid provisions that are severable shall remain in effect. If a provision of this Act is held invalid in one or more of its applications, the provision shall remain in effect in all its valid applications that are severable. SAVING PROVISION

Ante,

p. 1259.

52 Stat. 1040. 21 USC 3 0 1.

SEC. 707. Nothing in this Act, except this part and, to the extent of any inconsistency, sections 307(e) and 309 of this title, shall be construed as in any way affecting, modifying, repealing, or superseding the provisions of the Federal Food, Drug, and Cosmetic Act. APPLICATION OF STATE L A W

SEC. 708. No provision of this title shall be construed as indicating an intent on the part of the Congress to occupj^ the field in which that provision operates, including criminal penalties, to the exclusion of any State law on the same subject matter which would otherwise be within the authority of the State, unless there is a positive conflict between that provision of this title and that State law so that the two cannot consistently stand together. APPROPRIATIONS

Ante,

p. 1245.

AUTHORIZATIONS

SEC. 709. There are authorized to be appropriated for expenses of the Department of Justice in carrying out its functions under this title (except section 103) not to exceed $60,000,000 for the fiscal year ending June 30, 1972, $70,000,000 for the fiscal year ending June 30, 1973, and $90,000,000 for the fiscal year ending June 30, 1974.

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1285

TITLE III — IMPORTATION A N D EXPORTATION; AMENDMENTS AND REPEALS OF REVENUE LAWS SHORT

TITLE

SEC. 1000. This title may be cited as the "Controlled Substances Import and Export Act"'.

citation of title.

PART A—IMPORTATION AND EXPORTATION DEFINITIONS

SEC. 1001. (a) For purposes of this part— (1) The term "import" means, with respect to any article, any bringing in or introduction of such article into any area (whether or not such bringing in or introduction constitutes an importation within the meaning of the tariff laws of the United States). (2) The term "customs territory of the United States" has the meaning assigned to such term by general headnote 2 to the Tariff Schedules of the United States (19 U.S.C. 1202). 77A Stat. ii. (b) Each term defined in section 102 of title II shall have the same Ante, p. 1242. meaning for purposes of this title as such term has for purposes of title II. IMPORTATION OF CONTROLLED SUBSTANCES

SEC. 1002. (a) I t shall be unlawful to import into the customs territory of the United States from any place outside thereof (but within the United States), or to import into the United States from an}^ place outside thereof, any controlled substance in schedule I or II of title II, or any narcotic drug in schedule III, IV, or V of title II, except that— (1) such amounts of crude opium and coca leaves as the Attorney General finds to be necessary to provide for medical, scientific, or other legitimate purposes, and (2) such amounts of any controlled substance in schedule I or II or any narcotic drug in schedule III, IV, or V that the Attorney General finds to be necessary to provide for the medical, scientific, or other legitimate needs of the United States— (A) during an emergency in which domestic supplies of such substance or drug are found by the Attorney General to be inadequate, or (B) in any case in which the Attorney General finds that competition among domestic manufacturers of the controlled substance is inadequate and will not be rendered adequate by the registration of additional manufacturers under section 303, may be so imported under such regulations as the Attorney General shall prescribe. No crude opium may be so imported for the purpose of manufacturing heroin or smoking opium. (b) I t shall be unlawful to import into the customs territory of the United States from any place outside thereof (but within the United States), or to import into the United States from any place outside thereof, any nonnarcotic controlled substance in schedule III, IV, or V, unless such nonnarcotic controlled substance— (1) is imported for medical, scientific, or other legitimate uses, and

umawfui acts,

^"'®' P* ^248. Exceptions,

Ante, p. 1253.

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[84 STAT.

(2) is imported pursuant to such notification or declaration requirements as the Attorney General may by regulation prescribe, (c) I n addition to the amount of coca leaves authorized to be imported into the United States under subsection (a), the Attorney General may permit the importation of additional amounts of coca leaves. All cocaine and ecgonine (and all salts, derivatives, and preparations from which cocaine or ecgonine may be synthesized or made) contained in such additional amounts of coca leaves imported under this subsection shall be destroyed under the supervision of an authorized representative of the Attorney General. EXPORTATION OF CONTROLLED Unlawful a c t s.

38 Stat. 1912.

61 Stat. 2230; 62 Stat. 1796.

2 UST 1629. 18 UST 1407.

Ante,

p. 1248.

SUBSTANCES

SEC. 1003. (a) I t shall be unlawful to export from the United States any narcotic drug in schedule I, II, III, or IV unless— (1) it is exported to a country which is a party to— (A) the International Opium Convention of 1912 for the Suppression of the Abuses of Opium, Morphine, Cocaine, and Derivative Drugs, or to the International Opium Convention signed at Geneva on February 19, 1925; or (B) the Convention for Limiting the Manufacture and Regulating the Distribution of Narcotic Drugs concluded at Geneva, July 13, 1931, as amended by the protocol signed at Lake Success on December 11, 1946, and the protocol bringing under international control drugs outside the scope of the convention of July 13, 1931, for limiting the manufacture and regulating the distribution of narcotic drugs (as amended by the protocol signed at Lake Success on December 11, 1946), signed at Paris, November 19, 1948; or (C) the Single Convention on Narcotic Drugs, 1961, signed at New York, March 30, 1961; (2) such country has instituted and maintains, in conformity with the conventions to which it is a party, a system for the control of imports of narcotic drugs which the Attorney General deems adequate; (3) the narcotic drug is consigned to a holder of such permits or licenses as may be required under the laws of the country of import, and a permit or license to import such drug has been issued by the country of import; (4) substantial evidence is furnished to the Attorney General by the exporter that (A) the narcotic drug is to be applied exclusively to medical or scientific uses within the country of import, and (B) there is an actual need for the narcotic drug, for medical or scientific uses within such country; and (5) a permit to export the narcotic drug in each instance has been issued by the Attorney General. (b) Notwithstanding subsection (a), the Attorney General may authorize any narcotic drug (including crude opium and coca leaves) in schedule I, II, III, or IV to be exported from the United States to a country which is a party to any of the international instruments mentioned in subsection (a) if the particular drug is to be applied to a special scientific purpose in the country of destination and the authorities of such country will permit the importation of the particular drug for such purpose. (c) I t shall be unlawful to export from the United States any nonnarcotic controlled substance in schedule I or II unless—

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(1) it is exported to a country which has instituted and maintains a system which the Attorney General deems adequate for the control of imports of such substances; (2) the controlled substance is consigned to a holder of such permits or licenses as may be required under the laws of the country of import; (3) substantial evidence is furnished to the Attorney General that (A) the controlled substance is to be applied exclusively to medical, scientific, or other legitimate uses within the country to which exported, (B) it will not be exported from such country, and (C) there is an actual need for the controlled substance for medical, scientific, or other legitimate uses within the country; and (4) a permit to export the controlled substance in each instance has been issued by the Attorney General. (d) Notwithstanding subsection (c), the Attorney General may authorize any nonnarcotic controlled substance in schedule I or II to be exported from the United States if the particular substance is to be applied to a special scientific purpose in the country of destination and the authorities of such country will permit the importation of the particular drug for such purpose. (e) I t shall be unlawful to export from the United States to any other country any nonnarcotic controlled substance in schedule III or IV or any controlled substance in schedule V unless— (1) there is furnished (before export) to the Attorney General documentary proof that importation is not contrary to the laws or regulations of the country of destination; (2) a special controlled substance invoice, in triplicate, accompanies the shipment setting forth such information as the Attorney General may prescribe to identify the parties to the shipment and the means of shipping, and (3) two additional copies of the invoice are forwarded to the Attorney General before the controlled substance is exported from the United States. T R A N S S H I P M E N T AND I N - T R A N S I T S H I P M E N T OF CON'ITIOLLED SUBSTANCES

SEC. 1004. Notwithstanding sections 1002, 1003, and 1007— (1) A controlled substance in schedule I may— (A) be imported into the United States for transshipment to another country, or (B) be transferred or transshipped from one vessel, vehicle, or aircraft to another vessel, vehicle, or aircraft within the United States for immediate exportation, if and only if it is so imported, transferred, or transshipped (i) for scientific, medical, or other legitimate purposes in the country of destination, and (ii) with the prior written approval of the Attorney General (which shall be granted or denied within 21 days of the request). (2) A controlled substance in schedule II, III, or IV may be so imported, transferred, or transshipped if and only if advance notice is given to the Attorney General in accordance with regulations of the Attorney General. POSSESSION ON BOARD VESSELS. E T C., ARRIVING I N UNITED STATES

OR DEPARTING

FROM

S E C 1005. It shall be unlawful for any person to bring or possess on board any vessel or aircraft, or on board any vehicle of a carrier,

47-348 O - 72 - 85 (Pt. 1)

-A"'®» P* 1248..

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Ante, p. 1248.

PUBLIC LAW 91-513-OCT. 27, 1970

[84 STAT.

arriving in or departing from the United States or the customs territory of the United States, a controlled substance in schedule I or n or a narcotic drug in schedule III or IV, unless such substance or drug is a part of the cargo entered in the manifest or part of the official supplies of the vessel, aircraft, or vehicle. EXEMPTION

AUTHORITY

SEC. 1006. (a) The Attorney General may by regulation exempt from sections 1002(a) and (b), 1003, 1004, and 1005 any individual who has a controlled substance (except a substance in schedule I) in his possession for his personal medical use, or for administration to an animal accompanying him, if he lawfully obtained such substance and he makes such declaration (or gives such other notification) as the Attorney General may by regulation require. (b) The Attorney General ma^ by regulation except any compound, mixture, or preparation containing any depressant or stimulant substance listed in paragraph (a) or (b) of schedule III or in schedule IV or V from the applicaton of all or any part of this title if (1) the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant or stimulant effect on the central nervous oystem, and (2) such ingredients are included therein in such combinations, quantity, proportion, or concentration as to vitiate the potential for abuse of the substances which do have a depressant or stimulant effect on the central nervous system. PERSONS REQUIRED TO REGISTER

Ante, p, 1245.

SEC. 1007. (a) No person may— (1) import into the customs territory of the United States from any place outside thereof (but within the United States), or import into the United States from any place outside thereof, any controlled substance, or (2) export from the United States any controlled substance in schedule I, II, III, or IV, unless there is in effect with respect to such person a registration issued by the Attorney General under section 1008, or unless such person is exempt from registration under subsection (b). (b)(1) The following persons shall not be required to register under the provisions of this section and may lawfully possess a controlled substance: (A) An agent or an employee of any importer or exporter registered under section 1008 if such agent or employee is acting in the usual course of his business or employment. (B) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of his business or employment. (C) An ultimate user who possesses such substance for a purpose Specified in section 102 (25) and in conformity with an exemption granted under section 1006(a). (2) The Attorney General may, by regulation, waive the requirement for registration of certain importers and exporters if he finds it consistent with the public health and safety; and may authorize any such importer or exporter to possess controlled substances for purposes of importation and exportation.

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PUBLIC LAW 91-513-OCT. 27, 1970 REGISTRATION

REQUIREMENTS

SEC. 1008. (a) The Attorney General shall register an applicant to import or export a controlled substance in schedule I or II if he determines that such registration is consistent with the public interest and with United States obligations under international treaties, conventions, or protocols in effect on the effective date of this section. In determining the public interest, the factors enumerated in paragraph (1) through (6) of section 30;^(a) shall be considered. (b) Registration granted under subsection (a) of this section shall not entitle a registrant to import or export controlled substances in schedule I or II other than those specified in the registration. (c) The Attorney General shall register an applicant to import a controlled substance in schedule III, IV, or V or to export a controlled substance in schedule III or IV, unless he determines that the issuance of such registration is inconsistent with the public interest. In determining the public interest, the factors enumerated in paragraphs (1) through (6) of section JW^(d) shall be considered. (d) No registration shall be issued under this part for a period in excess of one year. Unless the regulations of the Attorney General otherwise provide, section 302(f), 304, 305, and 307 shall apply to persons registered under this section to the same extent such sections apply to persons registered under section 303. (e) The Attorney General is authorized to promulgate rules and regulations and to charge reasonable fees relating to the registration of importers and exporters of controlled substances under this section. (f) Persons registered by the Attorney General under this section to import or export controlled substances may import or export (and, for the purpose of so importing or exporting, may possess) such substances to the extent authorized by their registration and in conformity with the other provisions of this title and title II. (g) A separate registration shall be required at each principal place of business where the applicant imports or exports controlled substances. (h) Except in emergency situations as described in section 1002(a) (2)(A), prior to issuing a registration under this section to a bulk manufacturer of a controlled substance in schedule I or IT, and prior to issuing a regulation under section 1002(a) authorizing the importation of such a substance, the Attorney General shall give manufacturers holding registrations for the bulk manufacture of the substance an opportunity for a hearing. '^ M A N U F ACT U R E OR DISTRIBUTION FOR PURPOSES OF IMPORTATION

UNLAWFUL

SEC. 1009. I t shall be unlawful for any person to manufacture or distribute a controlled substance in schedule I or II — (1) intending that such substance be unlawfully imported into the United States; or (2) knowing that such substance will be unlawfully imported into the United States. This section is intended to reach acts of manufacture or distribution committed outside the territorial jurisdiction of the United States. Any person who violates this section shall be tried in the United States district court at the point of entry where such person enters the United States, or in the United States District Court for the District of Columbia.

Ante,

p. 1253.

Ante,

p. 1248.

Ante, p p. 12531258. R u l e s and regulations.

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PUBLIC LAW 91-513-OCT. 27, 1970 P R O H I B I T E D ACTS A

Ante, p. 1248.

^PENALTIES

SEC. 1010. (a) Any person who— (1) contrary to section 1002, 1003, or 1007, knowingly or intionally imports or exports a controlled substance, (2) contrary to section 1005, knowingly or intentionally brings or possesses on board a vessel, aircraft, or vehicle a controlled substance, or (f3) contrary to section 1009, manufactures or distributes a controlled substance, shall be punished as provided in subsection (b). (b)(1) In the case of a violation under subsection (a) with respect ^Q JJ uarcotlc drug in schedule I or II, the person committing such violation shall be imprisoned not more than fifteen years, or fined not more than $25,000, or both. If a sentence under this paragraph provides for imprisonment, the sentence shall include a special parole term of not less than three years in addition to such term of imprisonment. (2) In the case of a violation under subsection (a) with respect to a controlled substance other than a narcotic drug in schedule I or II, the person committing such violation shall be imprisoned not more than five years, or be fined not more than $15,000, or both. If a sentence under this paragraph provides for imprisonment, the sentence shall, in in addition to such term of imprisonment, include (A) a special parole term of not less than two years if such controlled substance is in schedule I, II, III, or (B) a special parole term of not less than one year if such controlled substance is in schedule IV. (c) A special parole term imposed under this section or section 1012 may be revoked if its terms and conditions are violated. In such circumstances the original term of imprisonment shall be increased by the period of the special parole term and the resulting new term of imprisonment shall not be diminished by the time which was spent on special parole. A person whose special parole term has been revoked may be required to serve all or part of the remainder of the new term of imprisonment. The special term provided for in this section and in section 1012 is in addition to, and not in lieu of, any other parole provided for by law. PROHIBITED

Ante, p. 1262.

[84 STAT.

ACTS

B—PENALTIES

SEC. 1011. Any person who violates section 1004 shall be subject to the following penalties: (1) Except as provided in paragraph (2), any such person shall, with respect to any such violation, be subject to a civil penalty of not more than $25,000. Sections 402(c)(1) and (c)(3) shall apply to any civil penalty assessed under this paragraph. (2) If such a violation is prosecuted by an information or indictment which alleges that the violation was committed knowingly or intentionally and the trier of fact specifically finds that the violation was so committed, such person shall be sentenced to imprisonment for not more than one year or a fine of not more than $25,000 or both. SECOND OR S U B S E Q U E N T

OFFENSES

SEC. 1012. (a) Any person convicted of any offense under this part is, if the offense is a second or subsequent offense, punishable by a term of imprisonment twice that otherwise authorized, by twice the fine otherwise authorized, or by both. If the conviction is for an offense

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punishable under section 1010(b), and if it is the offender's second or subsequent offense, the court shall impose, in addition to any term of imprisonment and fine, twice the special parole term otherwise authorized. (b) For purposes of this section, a person shall be considered convicted of a second or subsequent offense if, prior to the commission of such offense, one or more prior convictions of him for a felony under any provision of this title or title II or other law of the United States relating to narcotic drugs, marihuana, or depressant or stimulant drugs, have become final. (c) Section 411 shall apply with respect to any proceeding to sentence a person under this section. A T T E M P T AND

1291

^"'e, p. 1242. ^"'e. P- 1259.

CONSPIRACY

SEC. 1013. Any person who attempts or conspires to commit any offense defined in this title is punishable by imprisonment or fine or both which may not exceed the maximum punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy. ADDITIONAL

PENALTIES

SEC. 1014. Any penalty imposed for violation of this title shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law. A P P L I C A B I L I T Y OF PART E OF TITLE

II

SEC. 1015. Part E of title II shall apply with respect to functions ^"fe. p. 1270. of the Attorney General (and of officers and employees of the Bureau of Narcotics and Dangerous Drugs) under this title, to administrative and judicial proceedings under this title, and to violations of this title, to the same extent that such part applies to functions of the Attorney General (and such officers and employees) under title II, to such proceedings under title II, and to violations of title II. For purposes of the application of this section to section 510, any reference in such ^"'^» P* ^274. section 510 to "this title" shall be deemed to be a reference to title III, ^"'*' P« ^^SS. any reference to section 303 shall be deemed to be a reference to section ^"^®« P* I2S3„ 1008, and any reference to section 302(d) shall be deemed to be a reference to section 1007(b)(2). AUTHORITY OF SECRETARY OF TREASURY

SEC. 1016. Nothing in this Act shall derogate from the authority of the Secretary of the Treasury under the customs and related laws. PART B—AMENDMENTS AND REPEALS, TRANSITIONAL AND EFFECTIVE DATE PROVISIONS REPEALS

SEC. 1101. (a) The following provisions of law are repealed: (1) The Act of February 23, 1887 (21 U.S.C. 191-193). ^4 Stat. 409. (2) The Narcotic Drugs Import and Export Act (21 U.S.C. 171, 173,174-184,185). 38 Stat. 275. (3) The Act of March 28, 1928 (31 U.S.C. 529a). " ^'^ ^262. (4) Sections 2(b), 6, 7, and 8 of the Act of June 14, 1930 (21 U.S.C. 162 (b), 173a, 197,198). 7o'lta;r 575!

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Stat, Stat. Stat. Stat. Stat.

PUBLIC LAW 91-513-OCT. 27, 1970 850. 1263. 1045. 910. 584.

74 Stat. 5 5. 70 Stat. 5 7 2. 18 USC 14011407.

62 Stat. 840.

68A Stat. 549. 26 USC 4 7 0 1 4776.

70 Stat. 568; 80 Stat. 1449. 26 USC 7237, 7238. 26 USC 7 4 9 1.

[84 STAT.

(5) The Act of July 3, 1930 (21 U.S.C. 199). 6) Section 6 of the Act of March 28, 1928 (31 U.S.C. 529g). 7) The Opium Poppy Control Act of 1942 (21 U.S.C. 188-188n). (8) Section 15 of the Act of August 1, 1956 (48 U.S.C. 1421m). (9) The Act of July 11, 1941 (21 U.S.C. 184a). (10) The Narcotics Manufacturing Act of 1960 (21 U.S.C. 501517). (b)(1)(A) Chapter 68 of title 18 of the United States Code (relating to narcotics) is repealed. (B) The item relating to such chapter 68 in the analysis of part I of such title 18 is repealed. (2)(A) Section 3616 of title 18 of the United States Code (relating to use of confiscated motor vehicles) is repealed. (B) The item relating to such section 3616 in the analysis of chapter 229 of such title 18 is repealed. (3)(A) Subchapter A of chapter 39 of the Internal Revenue Code of 1954 (relating to narcotic drugs and marihuana) is repealed. (B) The table of subchapters of such chapter 39 is amended by striking out "SUBCHAPTER A. Narcotic drugs and marihuana." (4)(A) Sections 7237 (relating to violation of laws relating to narcotic drugs and to marihuana) and 7238 (relating to violation of laws relating to opium for smoking) of the Internal Revenue Code of 1954 are repealed. (B) The table of sections of part II of subchapter A of chapter 75 of the Internal Revenue Code of 1954 is amended by striking out the items relating to such sections 7237 and 7238. (5)(A) Section 7491 of the Internal Revenue Code of 1954 (relating to burden of proof of exemptions in case of marihuana offenses) is repealed. (B) The table of sections for subchapter E of chapter 76 of the Internal Revenue Code of 1954 is amended by striking out the item relating to such section 7491. C^ONFORMINC} AMENDMENTS

68A Stat. 5 9 3; 79 Stat. 149.

72 Stat. 1429,

70 Stat. 570.

SEC. 1102. (a) Section 4901(a) of the Internal Revenue Code of 1954 is amended by striking out the comma immediately before "4461" and inserting in lieu thereof "or", and by striking out ", 4721 (narcotic drugs), or 4751 (marihuana)". (b) Section 4905(b)(1) of the Internal Revenue Code of 1954 (reUiting to registration) is amended by striking out ", narcotics, marihuana," and ", 4722,4753,". (c) Section 6808 of the Internal Revenue Code of 1954 (relating to special provisions relating to stamps) is amended by striking out paragraph (8). (d) Section 7012 of the Internal Revenue Code of 1954 (relating to cross references) is amended by striking out subsections (a) and (b). (e) Section 7103(d)(3) of the Internal Revenue Code of 1954 (relating to bonds required with respect to certain products) is amended by striking out subparagraph (D). (f) Section 7326 of the Internal Revenue Code of 1954 (relating to disposal of forfeited or abandoned property in special cases) is amended by striking out subsection (b). (g)(1) Section 7607 of the Internal Revenue Code of 1954 (relating to additional authority for Bureau of Narcotics and Bureau of (\istoms) is amended—

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