text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/1293

 84 STAT.]

1235

PUBLIC LAW 91-512-OCT. 26, 1970

sary expenses incurred by them in carrying out the duties of the Commission. SEC. 204. The Commission shall make a full and complete investigation and study for the purpose of developing a national materials l)olicy which shall include, without being limited to, a determination of— (1) national and international materials requirements, priorities, and objectives, both current and future, including economic projections; (2) the relationship of materials policy to (A) national and international population size and (B) the enhancement of environmental quality; (3) recommended means for the extraction, development, and use of materials which are susceptible to recycling, reuse, or selfdestruction, in order to enhance environmental quality and conserve materials; (4) means of exploiting existing scientific knowledge in the supply, use, recovery, and disposal of materials and encouraging further research and education in this field; (5) means to enhance coordination and cooperation among Federal departments and agencies in materials usage so that such usage might best serve the national materials policy; (6) the feasibility and desirability of establishing computer inventories of national and international materials requirements, supplies, and alternatives; and (7) which Federal agency or agencies shall be assigned continuing responsibility for the implementation of the national materials policy. (b) I n order to carry out the purposes of this title, the Commission is authorized— (1) to request the cooperation and assistance of such other Federal departments and agencies as may be appropriate; (2) to appoint and fix the compensation of such staff personnel as may be necessary, without regard to the provisions of title 5, United States Code, governing appointments in the competitve service, and without regard to the provisions of chapter 51 and subchapter III of such title relating to classification and General Schedule pay rates; and (3) to obtain the services of experts and consultants, in accordance with the provisions of section 3109 of title 5, United States Code, at rates for individuals not to exceed $100 per diem. (c) The Commission shall submit to the President and to the Congress a report wath respect to its findings and recommendations no later than June 30, 1973, and shall terminate not later than ninety days after submission of such report. (d) Upon request by the Commission, each Federal department and agency is authorized and directed to furnish, to the greatest extent practicable, such information and assistance as the Commission may request. SEC. 205. When used in this title, the term "materials" means natural resources intended to be utilized by industry for the production of goods, with the exclusion of food. SEC. 206. There is hereby authorized to be appropriated the sum of $2,000,000 to carry out the provisions of this title. Approved October 26, 1970.

study.

Agency cooperation. Personnel,

80 Stat. 4 4 3, 467; Ante, p. 198-1. 5 USC 5101, 5331, Experts and consultants, 80 Stat, 416, Report to President and Congress. Termination, Agency assistance.

"Materials,"

Appropriation,

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/1294

 1236

PUBLIC LAW 91-513-OCT. 27, 1970

[84 STAT.

Public Law 91-513 October 27, 1970 [H. R. 18583]

^^ ACT T^ amend the Public Health Service Act and other laws to provide increased research into, and prevention of, d r u g abuse and d r u g dependence; to provide for t r e a t m e n t and rehabilitation of d r u g abusers and d r u g dependent persons; and to strengthen existing law enforcement authority in the fleld of d r u g abuse.

Be it enacted by the Senate and House of Representatives of the Comprehensive United States of America in Congress assembled, That this Act may venfi^^and Con- ^ cited RS the "Comprehensive Drug Abuse Prevention and Control trol Act of 1970.

Act of

1970". T A B L E O F CONTENTS

TITLE I — R E H A B I L I T A T I O N PROGRAMS R E L A T I N G TO D R U G A B U S E Sec. 1. Program s under Community Mental Health Centers Act relating to drug abuse. Sec. 2. B r o a d e r t r e a t m e n t authority in Public Health Service hospitals for persons w i t h d r u g abuse and other d r u g dependence problems. Sec. 3. Research under the Public Health Service Act in d r u g use, abuse, and addiction. Sec. 4. Medical t r e a t m e n t of narcotic addiction. TITLE II—CONTROL AND

ENFORCEMENT

PART A — S H O R TITLE; F I N D I N G S AND DECLARATION; DEFINITIONS

Sec. Sec. Sec. Sec.

100. 101. 102. 103.

Short title. Findings and declarations. Definitions. Increased numbers of enforcement personnel.

PART B — AUTHORITY TO CONTROL; STANDARDS AND SCHEDULES

Sec. 201. Authority and criteria for classification of substances. Sec. 202. Schedules of controlled substances. PART C—REGISTRATION OF MANUFACTURERS, DISTRIBUTORS, AND D I S P E N S E R S OF CONTROLLED SUBSTANCES

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

301. 302. 303. 304. 305. 306. 307. 308. 309.

Rules and regulations. Persons required to register. Registration requirements. Denial, revocation, or suspension of registration. Labeling and packaging requirements. Quotas applicable to certain substances. Records and reports of registrants. Order forms. Prescriptions. PART D — OF F E N S E S AND P E N A L T I E S

Sec. Sec. Sec. Sec.

401. 402. 403. 404.

Sec. Sec. Sec. Sec. Sec. Sec. Sec.

405. 406. 407. 408. 409. 410. 411.

Prohibited acts A—penalties. Prohibited acts B—penalties. Prohibited acts C—penalties. Penalty for simple possession; conditional discharge and expunging of records for first offense. Distribution to persons under age twenty-one. Attempt and conspiracy. Additional penalties. Continuing criminal enterprise. Dangerous special d r u g offender sentencing. Information for sentencing. Proceedings to establish previous convictions.

�

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/1295

 84 STAT. ]

PUBLIC LAW 91-513-OCT. 27, 1970

1237

T A B L E O F CONTENTS—Continued TITLE II—CONTROL ANT} ENFORCEMENT—Continued PART

Sec. Sec. Sec. See. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. See. Sec. Sec.

501. 502. 503. 504. 505. 506. 507. 508. 509. 510. 511. 512. 513. 514. 515. 516.

E—^ADMINISTRATIVE AND ENFORCEMENT

PROVISIONS

Procedures. Education and research programs of the Attorney General. Cooperative arrangements. Advisory committees. Administrative hearings. Subpenas. Judicial revieve. Powers of enforcement personnel. Search vparrants. Administrative inspections and M^arrants. Forfeitures. Injunctions. Enforcement proceedings. Immunity and privilege. Burden of proof; liabilities. Payments and advances. P A R T F—^ADVISORT COMMISSION

Sec. 601. Establishment of Commission on M a r i h u a n a and D r u g Abuse. PART

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

G—CONFORMING,

701. 702. 703. 704. 705. 706. 707. 708. 709.

TRANSITIONAL, AND EFFECTIVE PROVISIONS

DATE,

AND

GENERAL

Repeals and conforming amendments. Pending proceedings. Provisional registration. Effective dates and other transitional provisions. Continuation of regulations. Severability. Saving provision. Application of State law. Appropriations authorizations.

TITLE III — IMPORTATION AND EXPORTATION; AMENDMENTS AND R E P E A L S OF R E V E N U E LAWS Sec. 1000. Short title. P A R T A—IMPORTATION AND EXPORTATION

Sec. Sec. Sec. Sec. Sec.

1001. 1002. 1003. 1004. 1005.

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1006. 1007. 1008. 1009. 1010. 1011. 1012. 1013. 1014. 1015. 1016.

Definitions. Importation of controlled substances. Exportation of controlled substances. Transshipment and in-transit shipment of controlled substances. Possession on board vessels, etc., arriving in or departing from United States. Exemption authority. Persons required to register. Registration requirements. Manufacture or distribution for purposes of unlawful importation. Prohibited a c t s A—penalties. Prohibited acts B—penalties. Second or subsequent offenses. Attempt and conspiracy. Additional penalties. Applicability of pant E of title II. Authority of Secretary of Treasury.

PART B — AMENDMENTS AND RnaPEALS, TRANSITIONAL PROVISIONS

Sec. Sec. Sec. Sec. Sec.

1101. 1102. 1103. 1104. 1105.

AND EFFECTIVE

Repeals. Conforming amendments. Pending proceedings. Provisional registration. Effective dates and other transitional provisions.

TITLE IV — R E P O R T ON ADVISORY COUNCILS Sec. 1200. Report on advisory councils.

DATE

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/1296

 1238

PUBLIC LAW 91-513-OCT. 27, 1970

[84 STAT.

TITLE I—REHABILITATION PROGRAMS RELATING TO DRUG A B U S E PROGRAMS UNDER COMMUNITY M E N T A L H E A L T H CENTERS ACT RELATING TO DRUG ABUSE

1. (a) Part D of the Community Mental Health Centers Act is amended as follows: (1) Sections 251, 252, and 253 of such part (42 U.S.C. 2688k, 26881, and 2688m) are each amended by inserting "and other persons with drug abuse and drug dependence problems" immediately after "narcotic addicts" each place those words appear in those sections. (2) Clauses (A) and (C) of section 252 of such part are each amended by inserting ", drug abuse, and drug dependence" immediately after "narcotic addiction". (3) The heading for such part is amended to read as follows: SECTION

82 Stat. 1009.

" P A R T I)—NARCOTIC ADDICTION, DRUG ABUSE, AND DRUG DEPENDENCE PREVENTION AND REHABILITATION".

(b) Part E of such Act is amended as follows: Ante, p. 57. (J) Section 261(a) of such part (42 U.S.C. 2688o) is amended by striking out "$30,000,000 for the fiscal year ending June 30, 1971, $35,000,000 for the fiscal year ending June 30, 1972, and $40,000,000 for the fiscal year ending June 30, 1973" and inserting in lieu thereof "$40,000,000 for the fiscal year ending June 30, 1971, $60,000,000 for the fiscal year ending June 30, 1972, and $80,000,000 for the fiscal year ending June 30, 1973". (2) Section 261(a) of such part is further amended by inserting ", drug abuse, and drug dependence" immediately after "narcotic addiction". >in<e,pp. 58, 61. ^g^ Sectious 261(c) and 264 are each amended by inserting "and other persons with drug abuse and drug dependence problems" immediately after "narcotic addicts". (4) The section headings for sections 261 and 263 are each amended by striking out "AND NARCOTIC ADDICTS" and inserting in lieu thereof ", NARCOTIC ADDICTS, AND OTHER PERSONS WITH DRUG ABUSE AND DRUG DEPENDENCE PROBLEMS".

(c) Part D of such Act is further amended by redesignating sections 42 USC 2688m, 253 and 254 as sections 254 and 255, respectively, and by adding after 2688n section 252 the following new section: "DRUG ABUSE EDUCATION

contract author"SEC. 253. (a) The Secretary is authorized to make grants to States ity. and political subdivisions thereof and to public or nonprofit private agencies and organizations, and to enter into contracts with other private agencies and organizations, for— "(1) the collection, preparation, and dissemination of educational materials dealing with the use and abuse of drugs and the prevention of drug abuse, and " (2) the development and evaluation of programs of drug abuse education directed at the general public, school-age children, and special high-risk groups. "(b) The Secretary, acting through the National Institute of Mental Health, shall (1) serve as a focal point for the collection and dissemination of information related to drug abuse; (2) collect, prepare, and disseminate materials (including films and other educational devices) dealing with the abuse of drugs and the prevention of drug

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/1297

 84 STAT. ]

PUBLIC LAW 91-513-OCT. 27, 1970

1239

abuse; (3) provide for the preparation, production, and conduct of programs of public education (including those using films and other educational devices); (4) train professional and other persons to organize and participate in programs of public education m relation to drug abuse; (5) coordinate activities carried on by such departments, agencies, and instrumentalities of the Federal Government as he shall designate with respect to health education aspects of drug abuse; (6) provide technical assistance to State and local health and educational agencies with respect to the establishment and implementation of programs and procedures for public education on drug abuse; and (7) undertake other activities essential to a national program for drug abuse education. " (c) The Secretary, acting through the National Institute of Mental Personnel Health, is authorized to develop and conduct workshops, institutes, ^'•^^"'"^* and other activities for the training of professional and other personnel to work in the area of drug abuse education. " (d) To carry out the purposes of this section, there are authorized Appropriation. to be appropriated $3,000,000 for the fiscal year ending June 30, 1971, $12,000,000 for the fiscal year ending June 30, 1972, and $14,000,000 for the fiscal year ending June 30, 1973." (d) Such part D is further amended by adding at the end thereof '*"'®' ^' ^^^^' the following new section: uSPECIAL P R O J E C T S FOR NARCOTIC ADDICTS A N D DRUG D E P E N D E N T PERSONS

"SEC. 266. (a) The Secretary is authorized to make grants to public or n., - \

•

 * 'i

•

i'

i

J.'

I! J.1

Qf^nts, treattnent and rehabili-

nonprofit private agencies and organizations to cover a portion ot the tation. costs of programs for treatment and rehabilitation of narcotic addicts or drug dependent persons which include one or more of the following: (1) Detoxification services or (2) institutional services (including medical, psychological, educational, or counseling services) or (3) community-based aftercare services. " (b) Grants under this section for the costs of any treatment and conditions. rehabilitation program— "(1) may be made only for the period beginning with the first day of the first month for which such a grant is made and ending with the close of eight years after such first day; and "(2)(A) except as provided in subparagraph (B), may not Limitation. exceed 80 per centum of such costs for each of the first two years after such first day, 75 per centum of such costs for the third year after such first day, 60 per centum of such costs for the fourth year after such first day, 45 per centum of such costs for the fifth year after such first day, and 30 per centum of such costs for each of the next three years after such first day; and " (B) in the case of any such program providing services for persons in an area designated by the Secretary as an urban or rural poverty area, such grants may not exceed 90 per centum of such costs for each of the first two years after such first day, 80 per centum of such costs for the third year after such first day, 75 per centum of such costs for the fourth and fifth years after such first day, and 70 per centum of such costs for each of the next three years after such first day. "(c) No application for a grant authorized by this section shall be approved by the Secretary unless such application is forwarded through the State agency responsible for administering the plan submitted pursuant to section 204 of this Act or, if there be a separate ^^ s*at. 291; State agency, designated by the Governor as responsible for planning, 42 USC ^684. coordinating, and executing the State's efforts in the treatment and

47-348 O - 72 - 82 (Pt. 1)

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/1298

 1240

PUBLIC LAW 91-513-OCT. 27, 1970

Criteria.

Appropriation.

[84

STAT.

rehabilitation of narcotic addicts and drug dependent persons, through such latter agency, which shall submit to the Secretary such comments as it deems appropriate. No application for a grant under this section for a program to provide services for persons in an area in which is located a facility constructed as a new facility after the date of enactment of this section with funds provided under a grant under part A or this part shall be approved unless such application contains satisfactory assurance that, to the extent feasible, such program will be included as part of the programs conducted in or through such facility. " (d) The Secretary shall make grants under this section for projects within the States in accordance with criteria determined by him designed to provide priority for grant applications in States, and in areas within the States, having the higher percentages of population who are narcotic addicts or drug dependent persons. "(e) There are authorized to be appropriated to carry out this section not to exceed $20,000,000 for the fiscal year ending June 30, 1971; $30,000,000 for the fiscal year ending June 30, 1972; and $35,000,000 for the fiscal year ending June 30, 1973." BROADER T R E A T M E N T AUTHORITY I N P U B L I C H E A L T H SERVICE H O S P I T A L S FOR PERSONS W I T H DRUG ABUSE A N D OTHER DRUG D E P E N D E N C E PROBLEMS

80 Stat. 1449. 42 USC 2 5 7. 58 Stat. 6 9 9; 68 Stat. 7 9. 42 USC 258-260, 261.

SEC. 2. (a) Part E of title III of the Public Health Service Act is amended as follows: (1) Section 341(a) of such part is amended by adding immediately after "addicts" the second time it appears the following: "and other persons with drug abuse and drug dependence problems". (2)(A) Sections 342, 343, 344, and 346 of such part are each amended by inserting "or other persons with drug abuse and drug dependence problems" immediately after "addicts" each place it appears in tnose sections. (B) The section heading of section 342 of such part is amended by inserting "OR OTHER PERSONS WITH DRUG ABUSE AND DRUG DEPENDENCE PROBLEMS" after "ADDICTS".

42 USC 2 6 1 a.

Post, p. 1242.

(3) Sections 343 and 344 of such part are each amended by inserting "or other person with a drug abuse or other drug dependence problem" immediatelv after "addict" each place it appears in those sections. (4) Sections 343, 344, and 347 of such part are each amended by inserting ", drug abuse, or drug dependence" immediately after "addiction" each place it appears in those sections. (5) Section 346 of such part is amended by inserting "or substance controlled under the Controlled Substances Act" immediately after "habit-forming narcotic drug". (6) The heading for such part is amended to read as follows: "PART

58 Stat. 6 8 2; 74 Stat. 3 4. " D r u g dependent person,'* Post,

p. 1243.

E—NARCOTIC ADDICTS AND OTHER DRUG

ABUSERS".

(b) Section 2 of the Public Health Service Act (42 U.S.C. 201) is amended by adding after paragraph (p) the following new paragraph: "(q) The term 'drug dependent person' means a person who is using a controlled substance (as defined in section 102 of the Controlled Substances Act) and who is in a state of psychic or physical dependence, or both, arising from the use of that substance on a continuous basis. Drug dependence is characterized by behavioral and other responses which include a strong compulsion to take the substance on a continuous basis in order to experience its psychic effects or to avoid the discomfort caused by its absence."

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/1299

 84 STAT. ]

PUBLIC LAW 91-513-OCT. 27, 1970

1241

RESEARCH U N D E R THE P U B L I C H E A L T H SERVICE ACT I N DRU<} U S E, ABUSE, AND ADDICTION

SEC. 3. (a) Section 303(a) of the Public Health Service iVct (42 i^fi^g^^'J'^t^J'/t^'.^n U.S.C. 242a(a)) is amended by adding after and below paragraph of identuy! ^ (2) the following: 70 Stat. 929. "The Secretary may authorize persons engaged in research on the use and effect of drugs to protect the privacy of individuals who are the subject of such research by withholding from all persons not connected with the conduct of such research the names or other identifying characteristics of such individuals. Persons so authorized to protect the privacy of such individuals may not be compelled in any Federal, State, or local civil, criminal, administrative, legislative, or other proceedings to identify such individuals." (b) Section 314(d)(2) of the Public Health Service Act is 8° Stat. n84; J

J

Post,

p» 1 8 5 3 »

amended— 42 USC 246. (1) by striking out "and" at the end of subparagraph (I); (2) by striking out the period at the end of subparagraph (J) and inserting in lieu thereof "; and"; and (3) by adding after subparagraph (J) the following new subparagraph: " (K) provide for services for the prevention and treatment of drug abuse and drug dependence, commensurate with the extent of the problem." (c) Section 507 of the Public Health Service Act (42 U.S.C. 225a) ^i Stat. 79. is amended— (1) by striking out "available for research, training, or demonstration project grants pursuant to this Act" and inserting in lieu thereof "available under this Act for research, training, or demonstration project grants or for grants to expand existing treatment and research programs and facilities for alcoholism, narcotic addiction, drug abuse, and drug dependence, and appropriations available under the Community Mental Health Centers Act for 77 Stat. 190. construction and staffing of community mental health centers and note. alcoholism and narcotic addiction, drug abuse, and drug dependence facilities", and (2) by inserting immediately before the period at the end thereof the following: ", except that grants to such Federal institutions may be funded at 100 per centum of the costs". M E D I C A L T R E A T M E N T OF NARCOTIC ADDICTION

SEC. 4. The Secretary of Health, Education, and Welfare, after consultation with the Attorney General and with national organizations representative of persons with knowledge and experience in the treatment of narcotic addicts, shall determine the appropriate methods of professional practice in the medical treatment of the narcotic addiction of various classes of narcotic addicts, and shall report thereon from time to time to the Congress.

Report to cen-

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/1300

 1242

PUBLIC LAW 91-513-OCT. 27, 1970

[84 STAT.

TITLE II—CONTROL AND ENFORCEMENT PART A—SHORT TITLE; FINDINGS AND DECLARATION; DEFINITIONS SHORT TITLE

Citation of title.

18 usT 1407.

SEC. 100. This title may be cited as the "Controlled Substances Act". " ^ FINDINGS AND DECLARATIONS

SEC. 101. The Congress makes the following findings and declarations: (1) Many of the drugs included within this title have a useful and legitimate medical purpose and are necessary to maintain the health and general welf are of the American people. (2) The illegal importation, manufacture, distribution, and possession and improper use of controlled substances have a substantial and detrimental effect on the health and general welfare of the American people. (3) A major portion of the traffic in controlled substances flows through interstate and foreign commerce. Incidents of the traffic which are not an integral part of the interstate or foreign flow, such as manufacture, local distribution, and possession, nonetheless have a substantial and direct effect upon interstate commerce because— (A) after manufacture, many controlled substances are transported in interstate commerce, (B) controlled substances distributed locally usually have been transported in interstate commerce immediately before their distribution, and (C) controlled substances possessed commonly flow through interstate commerce immediately prior to such possession. (4) Local distribution and possession of controlled substances contribute to swelling the interstate traffic in such substances. (5) Controlled substances manufactured and distributed intrastate cannot be differentiated from controlled substances manufactured and distributed interstate. Thus, it is not feasible to distinguish, in terms of controls, between controlled substances manufactured and distributed interstate and controlled substances manufactured and distributed intrastate. (6) Federal control of the intrastate incidents of the traffic in controlled substances is essential to the effective control of the interstate incidents of such traffic. (7) The United States is a party to the Single Convention on Narcotic Drugs, 1961, and other international conventions designed to establish effective control over international and domestic traffic in controlled substances. DEFINITIONS

SEC. 102. As used in this title: (1) The term "addict" means any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of narcotic drugs as to have lost the power of self-control with reference to his addiction. (2) The term "administer" refers to the direct application of a controlled substance to the body of a patient or research subject by— (A) a practitioner (or, in his presence, by his authorized agent), or (B) the patient or research subject at the direction and in the presence of the practitioner.

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/1301

 84 STAT. ]

PUBLIC LAW 91-513-OCT. 27, 1970

whether such application be by injection, inhalation, ingestion, or any other means. (3) The term "agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser; except that such term does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman, when acting in the usual and lawful course of the carrier's or warehouseman's business. (4) The term "Bureau of Narcotics and Dangerous Drugs" means the Bureau of Narcotics and Dangerous Drugs in the Department of Justice. (5) The term "control" means to add a drug or other substance, or immediate precursor, to a schedule under part B of this title, whether by transfer from another schedule or otherwise. (6) The term "controlled substance" means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this title. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1954. (7) The term "counterfeit substance" means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, distributed, or dispensed such substance and which thereby falsely purports or is represented to be the product of, or to have been distributed by, such other manufacturer, distributor, or dispenser. (8) The terms "deliver" or "delivery" mean the actual, constructive, or attempted transfer of a controlled substance, whether or not there exists an agency relationship. (9) The term "depressant or stimulant substance" means— (A) a drug which contains any quantity of (i) barbituric acid or any of the salts of barbituric acid; or (ii) any derivative of barbituric acid which has been designated by the Secretary as habit forming under section 502(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 3 5 2 (d)); or _ (B) a drug which contains any quantity of (i) amphetamine or any of its optical isomers; (ii) any salt of amphetamine or any salt of an optical isomer of amphetamine; or (iii) any substance which the Attorney General, after investigation, has found to be, and by regulation designated as, habit forming because of its stimulant effect on the central nervous system; or (C) lysergic acid diethylamide; or (D) any drug which contains any quantity of a substance which the Attorney General, after investigation, has found to have, and by regulation designated as having, a potential for abuse because of its depressant or stimulant effect on the central nervous system or its hallucinogenic effect. (10) The term "dispense" means to deliver a controlled substance to an ultimate user or research subject by, or pursuant to the lawful order of, a practitioner, including the prescribing and administering of a controlled substance and the packaging, labeling, or compounding necessary to prepare the substance for such delivery. The term "dispenser" means a practitioner who so delivers a controlled substance to an ultimate user or research subject. (11) The term "distribute" means to deliver (other than by administering or dispensing) a controlled substance. The term "distributor'* means a person who so delivers a controlled substance.

1243

^°®'» P* 1247.

SSA Stat. 595;

72 Stat. 1314. 26 USC 5001.

52 Stat. 1050.

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/1302

 1244 79" tau 234°'* ^' 21'use 321.

PUBLIC LAW 91-513-OCT. 27, 1970

[84 STAT.

(12) The term "drug" has the meaning given that term by section 201 (g)(1) of the Federal Food, Drug, and Cosmetic Act. (13) The term "felony" means any Federal or State offense classified by applicable Federal or State law as a felony. (14) The term "manufacture" means the production, preparation, propagation, compounding, or processing of a drug or other substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of such substance or labeling or relabeling of its container; except that such term does not include the preparation, compounding, packaging, or labeling of a drug or other substance in conformity with applicable State or local law by a practitioner as an incident to his administration or dispensing of such drug or substance in the course of his professional practice. The term "manufacturer" means a person who manufactures a drug or other substance. (15) The term "marihuana" means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. Such term does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. (16) The term "narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (A) Opium, coca leaves, and opiates. (B) A compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or opiates. (C) A substance (and any compound, manufacture, salt, derivative, or preparation thereof) which is chemically identical with any of the suostances referred to in clause (A) or (B). Such term does not include decocainized coca leaves or extracts of coca leaves, which extracts do not contain cocaine or ecgonine. (17) The term "opiate" means any drug or other substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability. (18) The term "opium poppy" means the plant of the species Papaver somniferum X., except the seed thereof. (19) The term "poppy straw" means all parts, except the seeds, of the opium poppy, after mowing. (20) The term "practitioner" means a physician, dentist, veterinarian, scientific investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted, by the United States or the jurisdiction in which he practices or does research, to distribute, dispense, conduct research with respect to, administer, or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research. (21) The term "production" includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance.

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/1303

 84 STAT. ]

PUBLIC LAW 91-513-OCT. 27, 1970

1245

(22) The term "immediate precursor" means a substance— (A) which the Attorney General has found to be and by regulation designated as being the principal compound used, or produced primarily for use, in the manufacture of a controlled substance; (B) which is an immediate chemical intermediary used or likely to be used in the manufacture of such controlled substance; and (C) the control of which is necessary to prevent, curtail, or limit the manufacture of such controlled substance. (23) The term "Secretary", unless the context otherwise indicates, means the Secretary of Health, Education, and Welfare. (24) The term "State" means any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, and the Canal Zone. (25) The term "ultimate user" means a person who has lawfully obtained, and who possesses, a controlled substance for his own use or for the use of a member of his household or for an animal owned by him or by a member of his household. (26) The term "United States", when used in a geographic sense, means all places and waters, continental or insular, subject to the jurisdiction of the United States. INCREASED NUMBERS OF ENFORCEMENT PERSONNEL

SEC. 103. (a) During the fiscal year 1971, the Bureau of Narcotics and Dangerous Drugs is authorized to add at least 300 agents, together with necessary supporting personnel, to the number of enforcement personnel currently available to it. (b) There are authorized to be appropriated not to exceed $6,000,000 for the fiscal year 1971 and for each fiscal year thereafter to carry out the provisions of subsection (a). PART B—AUTHORITY To

Appropriation.

CONTROL;

STANDARDS AND SCHEDULES AUTHORITY AND CRITERIA FOR CLASSIFICATION OF SUBSTANCES

SEC. 201. (a) The Attorney General shall apply the provisions of this title to the controlled substances listed in the schedules established by section 202 of this title and to any other drug or other substance added to such schedules under this title. Except as provided in subsections (d) and (e),the Attorney General may by rule— (1) add to such a schedule or transfer between such schedules any drug or other substance if he— (A) finds that such drug or other substance has a potential for abuse, and (B) makes with respect to such drug or other substance the findings prescribed by subsection (b) of section 202 for the schedule in which such drug is to be placed; or (2) remove any drug or other substance from the schedules if he finds that the drug or other substance does not meet the requirements for inclusion in any schedule. Rules, hearing Rules of the Attorney General under this subsection shall be made on opportunity. the record after opportunity for a hearing pursuant to the rulemaking procedures prescribed by subchapter II of chapter 5 of title 5 of the 80 United States Code. Proceedings for the issuance, amendment, or 5 uStat. 381. s e 551.

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/1304

 1246

Evaluation,

Order.

PUBLIC LAW 91-513-OCT. 27, 1970

[84 STAT.

repeal of such rules may be initiated by the Attorney General (1) on his own motion, (2) at the request or the Secretary, or (3) on the petition of any interested party. (b) The Attorney General shall, before initiating proceedings under subsection (a) to control a drug or other substance or to remove a drug or other substance entirely from the schedules, and after gathering the necessary data, request from the Secretary a scientific and medical evaluation, and his recommendations, as to whether such drug or other substance should be so controlled or removed as a controlled substance. In making such evaluation and recommendations, the Secretary shall consider the factors listed in paragraphs (2), (3), (6), (7), and (8) of subsection (c) and any scientific or medical considerations involved in paragraphs (1), (4), and (5) of such subsection. The recommendations of the Secretary shall include recommendations with respect to the appropriate schedule, if any, under which such drug or other substance should be listed. The evaluation and the recommendations of the Secretary shall be made in writing and submitted to the Attorney General within a reasonable time. The recommendations of the Secretary to the Attorney General shall be binding on the Attorney General as to such scientific and medical matters, and if the Secretary recommends that a drug or other substance not be controlled, the Attorney General shall not control the drug or other substance. If the Attorney General determines that these facts and all other relevant data constitute substantial evidence of potential for abuse such as to warrant control or substantial evidence that the drug or other substance should be removed entirely from the schedules, he shall initiate proceedings for control or removal, as the case may be, under subsection (a). (c) In making any finding under subsection (a) of this section or under subsection (b) of section 202, the Attorney General shall consider the following factors with respect to each drug or other substance proposed to be controlled or removed from the schedules: (1) Its actual or relative potential for abuse. (2) Scientific evidence of its pharmacological effect, if known. (3) The state of current scientific knowledge regarding the drug or other substance. (4) I t s history and current pattern of abuse. (5) The scope, duration, and significance of abuse. (6) What, it any, risk there is to the public health. (7) I t s psychic or physiological dependence liability. (8) Whether the substance is an immediate precursor of a substance already controlled under this title. (d) If control is required by United States obligations under international treaties, conventions, or protocols in effect on the effective date of this part, the Attorney General shall issue an order controlling such drug under the schedule he deems most appropriate to carry out such obligations, without regard to the findings required by subsection (a) of this section or section 202(b) and without regard to the procedures prescribed by subsections (a) and (b) of this section. (e) The Attorney General may, without regard to the findings required by subsection (a) of this section or section 202(b) and without regard to the procedures prescribed by subsections (a) and (b) of this section, place an immediate precursor in the same schedule in which the controlled substance of which it is an immediate precursor is placed or in any other schedule with a higher numerical designation. If the Attorney General designates a substance as an immediate precursor and places it in a schedule, other substances shall not be placed in a schedule solely because they are its precursors.

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/1305

 84 STAT. ]

PUBLIC LAW 91-513-OCT. 27, 1970

(f) If, at the time a new-drug application is submitted to the Secretary for any drug having a stimulant, depressant, or hallucinogenic effect on the central nervous system, it appears that such drug has an abuse potential, such information shall be forwarded by the Secretary to the Attorney General. (g)(1) The Attorney General shall by regulation exclude any nonnarcotic substance from a schedule if such substance may, under the Federal Food, Drug, and Cosmetic Act, be lawfully sold over the counter without a prescription. (2) Dextromethorphan shall not be deemed to be included in any schedule by reason of enactment of this title unless controlled after the date of such enactment pursuant to the foregoing provisions of this section.

1247

52 Stat. 1040. 21 USC 301. Dextromethorphan, exception.

SCHEDULES OF CONTROLLED SUBSTANCES

SEC. 202. (a) There are established five schedules of controlled substances, to be known as schedules I, II, III, IV, and V. Such schedules shall initially consist of the substances listed in this section. The schedules established by this section shall be updated and republished on a semiannual basis during the two-year period beginning one year after the date of enactment of this title and shall be updated and republished on an annual basis thereafter. (b) Except where control is required by United States obligations under an international treaty, convention, or protocol, in effect on the effective date of this part, and except in the case of an immediate precursor, a drug or other substance may not be placed in any schedule unless the findings required for such schedule are made with respect to such drug or other substance. The findings required for each of the schedules are as follows: (1)

SCHEDULE

I.—

(A) The drug or other substance has a high potential for abuse. (B) The drug or other substance has no currently accepted medical use in treatment in the United States. (C) There is a lack of accepted safety for use of the drug or other substance under medical supervision. (2) SCHEDULE

II.—

(A) The drug or other substance has a high potential for abuse. (B) The drug or other substance has a currently accepted medical use in treatment in the United States or a currently accepted medical use with severe restrictions. (C) Abuse of the drug or other substances may lead to severe psychological or physical dependence. (3) SCHEDULE III. — (A) The drug or other substance has a potential for abuse less than the drugs or other substances in schedules I and II. (B) The drug or other substance has a currently accepted medical use in treatment in the United States. (C) Abuse of the drug or other substance m a j lead to moderate or low physical dependence or high psychological dependence. (4)

SCHEDULE

IV.—

(A) The drug or other substance has a low potential for abuse relative to the drugs or other substances in schedule III. (B) The drug or other substance has a currently accepted medical use in treatment in the United States.

Establishment.

Placement on schedules, findings required.

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/1306

 1248

PUBLIC LAW 91-513-OCT. 27, 1970

[84 STAT.

(C) Abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in schedule III. (5)

SCHEDULE

V.—

(A) The drug or other substance has a low potential for abuse relative to the drugs or other substances in schedule IV. (B) The drug or other substance has a currently accepted medical use in treatment in the United States. (C) Abuse of the drug or other substance maj'^ lead to limited physical dependence or psychological dependence relative to the drugs or other substances in schedule IV. (c) Schedules I, II, III, IV, and V shall, unless and until amended pursuant to section 201, consist of the following drugs or other substances, by whatever official name, common or usual name, chemical name, or brand name designated: SCHEDULE

Opiates.

I

(a) Unless specifically excepted or unless listed in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation: (1) Acetylmethadol. (2) AUylprodine. (3) Alphacetylmathadol. (4) Alphameprodine. (5) Alphamethadol. (6) Benzethidine. (7) Betacetylmethadol. (8) Betameprodine. ^9) Betamethadol. (10) Betaprodine. (11) Clonitazene. (12) Dextromoramide. (13) Dextrorphan. (14) Diampromide. (15) DiethyIthiambutene. (16) Dimenoxadol. (17) Dimepheptanol. (18) Dimethylthiambutene. (19) Dioxaphetyl bulyrate. (20) Dipipanone. (21) Ethylmethylthiambutene. (22) Etonitazene. (23) Etoxeridine. (24) Furethidine. (25) Hydroxy pethidine. (26) Ketobemidone. (27) Levomoramide. (28) Levophenacylmorphan. (29) Morpheridine. (30) Noracymethadol. (31) Norlevorphanol. (32) Normethadone. (33) Norpipanone. (34) Phenadoxone. (36) Phenampromide.

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/1307

 84 STAT. ]

PUBLIC LAW 91-513-OCT. 27, 1970

1249

(36) Phenomorphan. (37) Phenoperidine. (38) Piritramide. (39) Proheptazine. (40) Properidine. (41) Racemoramide. (42) Trimeperidine. (b) Unless specifically excepted or unless listed in another opium derivaschedule, any of the following opium derivatives, their salts, *^^^^' isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Acetorphine. (2) Acetyldihydrocodeine. (3) Benzylmorphine. (4) Codeine methylbromide. (5) Codeine-N-Oxide. (6) Gyprenorphine. (7) Desomorphine. ^8) Dihydromorphine. (9) Etorphine. (10) Heroin. 11) Hydromorphinol. 12) Methyldesorphine. ^ 13) Methylhydromorphine. [ 14) Morphine methylbromide. 15) Morphine methylsulfonate. 116J Morphine-N-Oxide. 17) Myrophine. 18) Nicocodeine. (19) Nicomorphine. (20) Normorphine. (21) Pholcodine. (22) Thebacon. (c) Unless specifically excepted or unless listed in another Hallucinogenic schedule, any material, compound, mixture, or preparation, substances. which contains any quantity of the following hallucinogenic substances, or which contains any of their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) 3,4-methylenedioxy amphetamine. (2) 5-methoxy-3,4-methylenedioxy amphetamine. (3) 3,4,5-trimethoxy amphetamine. (4) Bufotenine. (5) Diethyltryptamine. (6) Dimethyltryptamine. (7) 4-methyl-2,5-dimethoxyamphetamine. (8) Ibogaine. (9) Lysergic acid diethylamide. (10) Marihuana. (11) Mescaline. (12) Peyote. (13) N-ethyl-3-piperidyl benzilate. (14) N-methyl-3-piperidyl benzilate. (15) Psilocybin. (16) Psilocyn. (17) Tetrahydrocannabinols.

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/1308

 1250

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

Substances, vegchemica"!inthesis.

op^^*®^-

mine*^^'"^^^*^'

[84 STAT.

II

(j^) Uiiless specificallj excepted or unless listed in another scliedule, a n j of the following substances whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate. (2) Any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in clause (1), except that these substances shall not include the isoquinoline alkaloids of opium. (3) Opium poppy and poppy straw. (4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, except that the substances shall not include decocainized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine. (b) Unless specifically excepted or unless listed in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation: (I) Alphaprodine. (2^ Anileridine. ?3) Bezitramide. (4) Dihydrocodeine. (5) Diphenoxylate. • (6J Fentanyl. (7) Isomethadone. (8) Levomethorphan. ^9) Levorphanol. (10) Metazocine. ( II) Methadone. (12) Methadone-Intermediate, 4-cyano - 2 - dimethylamino-4,4-diphenyl butane. (13) Moramide-Intermediate, 2 - methyl - 3 - morpholino-1, 1-diphenylpropane-carboxylic acid. (14) Pethidine. (15) Pethidine-Intermediate-A, 4 - cyano-l-methyl-4phenylpiperidine. (16) Pethidine-Intermediate-B, ethyl - 4-phenylpiperidine-4-carboxylate. (17) Pethidine-Intermediate-C, 1-methyl - 4 - phenylpiperidine-4-carboxylic acid. (18) Phenazocine. (19) Piminodine. (20) Eacemethorphan. (21) Racemorphan. ^^^ Uuless Specifically excepted or unless listed in another schedule, any injectable liquid which contains any quantity of methamphetamine, including its salts, isomers, and salts of isomers.

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/1309

 84 STAT. ]

1251

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

III

(a) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system: (1) Amphetamine, its salts, optical isomers, and salts of its optical isomers. (2) Phenmetrazine and its salts. (3) Any substance (except an injectable liquid) which contains any quantity of methamphetamine, including its salts, isomers, and salts of isomers. (4) Methylphenidate. (b) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system: (1) Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid. (2) Chorhexadol. (3) Glutethimide. (4) Lysergic acid. (5) Lysergic acid amide. (6) Methyprylon. (7) Phencyclidine. (8) Sulfondiethylmethane. (9) Sulfonethylmethane. (10) Sulfonmethane. (c) Nalorphine. (d) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof: (1) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium. (2) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts. (3) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium. (4) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts. (5) Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

stimulants.

Depressants.

Nalorphine. Narcotic drugs.

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/1310

 1252

PUBLIC LAW 91-513-OCT. 27, 1970

[84 STAT.

(6) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts. (7) Not more than 600 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts. (8) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts. SCHEDULE

IV

(1) Barbital. (2) Chloral betaine. (3) Chloral hydrate. (4) Ethchlorvynol. (5) Ethinamate. (6) Methohexital. (7) Meprobamate. (8) Methylphenobarbital. (9) Paraldehyde. (10) Petrichloral. (11) Phenobarbital. SCHEDULE Narcotic drugs containing nonnarcotic active medicinal ingredients.

Stimulants or depressants containing active medicinal ingredients, exception.

V

Any compound, mixture, or preparation containing any of the following limited quantities of narcotic drugs, which shall include one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic dru^ alone: (1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams. (2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams. (3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams. (4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit. (5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams. (d) The Attorney General may by regulation except anj compound, mixture, or preparation containing any depressant or stimulant substance in paragraph (a) or (b) of schedule III or in schedule IV or V from the application of all or any part of this title if (1) the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant or stimulant effect on the central nervous system, and (2) such ingredients are included therein in such combinations, quantity, proportion, or concentration as to vitiate the potential for abuse of the substances which do have a depressant or stimulant effect on the central nervous system.

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/1311

 84 STAT. ]

PUBLIC LAW 91-513-OCT. 27, 1970

1253

PART C—REGISTRATION OF MANUFACTURERS, DISTRIBUTORS, AND DISPENSERS OF CONTROLLED SUBSTANCES RULES AND REGULATIONS

SEC. 301. The Attorney General is authorized to promulgate rules ^"^^^ ^nd reguand regulations and to charge reasonable fees relating to the re^stra- ^ '°"^* tion and control of the manufacture, distribution, and dispensing of controlled substances. PERSONS R E Q U I R E D TO REGISTER

SEC. 302. (a) Every person who manufactures, distributes, or dis- Annual registrapenses any controlled substance or who proposes to engage in the "°"* manufacture, distribution, or dispensing of any controlled substance, shall obtain annually a registration issued by the Attorney General in accordance with the rules and regulations promulgated by him. (b) Persons registered by the Attorney General under this title to manufacture, distribute, or dispense controlled substances are authorized to possess, manufacture, distribute, or dispense such substances (including any such activity in the conduct of research) to the extent authorized hj their registration and in conformity with the other provisions of this title. (c) The following persons shall not be required to register and may Registration, lawfully possess any controlled substance under this title: exceptions. (1) An agent or employee of any registered manufacturer, distributor, or dispenser of any controlled substance if such agent or employee is acting in the usual course of his business or employment. (2) A common or contract carrier or warehouseman, or an employee thereof, whose possession of the controlled substance is m the usual course of his business or employment. (3) An ultimate user who possesses such substance for a purpose ^"'e, p. 1245. specified in section 102(25). (d) The Attorney General may, by regulation, waive the require- waiver. ment for registration of certain manufacturers, distributors, or dispensers if he finds it consistent with the public health and safety. (e) A separate registration shall be required at each principal place ^^^^J^^^^^ ''^^^^' of business or professional practice where the applicant manufactures, distributes, or dispenses controlled substances. (f) The Attorney General is authorized to inspect the establishment inspection. of a registrant or applicant for registration in accordance with the rules and regulations promulgated by him. REGISTRATION REQUIREMENTS

SEC. 303. (a) The Attorney General shall register an applicant to eJ^ih^ubiic^inmanuf acture controlled substances in schedule I or II if he determines t^rert. ^" 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 part. In determining the public interest, the following factors shall be considered: (1) maintenance of effective controls against diversion of par- controls, impoiticular controlled substances and any controlled substance in ma^u^ac'turernmischedule I or II compounded therefrom into other than le^timate tation. medical, scientific, research, or industrial channels, by limiting the importation and bulk manufacture of such controlled substances to a number of establishments which can produce an adequate and uninterrupted supply of these substances under adequately com-

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/1312

 1254

PUBLIC LAW 91-513-OCT. 27, 1970

[84 STAT.

petitive conditions for legitimate medical, scientific, research, and industrial purposes; Compliance. (2) compliance with applicable State and local law; Technology. ^3) promotion of technical advances in the art of manufacturing these substances and the development of new substances; Applicants, (4) prior conviction record of applicant under Federal and ^e" o^rd.°"^*'°" State laws relating to the manufacture, distribution, or dispensing of such substances; Experience. (5) past experience in the manufacture of controlled substances, and the existence in the establishment of effective control against diversion; and (6) such other factors as may be relevant to and consistent with the public health and safety. sirten\°with°"ubiic (^) '^^^ Attomey General shall register an applicant to distribute interest. a coutrolled substance in schedule I or II unless he determines that the issuance of such registration is inconsistent with the public interest. I n determining the public interest, the following factors shall be considered: (1) maintenance of effective control against diversion of particular controlled substances into other than legitimate medical, scientific, and industrial channels; (2) compliance with applicable State and local law; (3) prior conviction record of applicant under Federal or State laws relating to the manufacture, distribution, or dispensing of such substances; (4) past experience in the distribution of controlled substances; and (5) such other factors as may be relevant to and consistent with the public health and safety. Prohibition. ^^^ Registration granted under subsections (a) and (b) of this section shall not entitle a registrant to (1) manufacture or distribute controlled substances in schedule I or II other than those specified in the registration, or (2) manufacture any quantity of those controlled Post, p. 1257. substances in excess of the quota assigned pursuant to section 306. (d) The Attorney General shall register an applicant to manufacture controlled substances in schedule III, IV, or V, unless he determines that the issuance of such registration is inconsistent with the public interest. I n determining the public interest, the following factors shall be considered: (1) maintenance of effective controls against diversion of particular controlled substances and any controlled substance in schedule III, IV, or V compounded therefrom into other than legitimate medical, scientific, or industrial channels; (2) compliance with applicable State and local law; (3) promotion of technical advances in the art of manufacturing these substances and the development of new substances; (4) prior conviction record of applicant under Federal or State laws relating to the manufacture, distribution, or dispensing of such substances; (5) past experience in the manufacture, distribution, and dispensing of controlled substances, and the existence in the establishment of effective controls against diversion; and (6) such other factors as may be relevant to and consistent with the public health and safety. (e) The Attorney General shall register an applicant to distribute controlled substances in schedule III, IV, or V, unless he determines that the issuance of such registration is inconsistent with the public interest. In determining the public interest, the following factors shall be considered:

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/1313

 84 STAT. ]

PUBLIC LAW 91-513-OCT. 27, 1970

1255

(1) maintenance of effective controls against diversion of particular controlled substances into other than legitimate medical, scientific, and industrial channels; (2) compliance with applicable State and local law; (3) prior conviction record of applicant under Federal or State laws relating to the manufacture, distribution, or dispensing of such substances; (4) past experience in the distribution of controlled substances; and (5) such other factors as may be relevant to and consistent wath the public health and safety. (f) Practitioners shall be registered to dispense or conduct research Research, with controlled substances in schedule II, III, IV, or V if they are authorized to dispense or conduct research under the law of the State in which they practice. Separate registration under this part for practitioners engaging in research with nonnarcotic controlled substances in schedule II, III, IV, or V, who are already registered under this part in another capacity, shall not be required. Pharmacies (as distin- Pharmacies, guished from pharmacists) when engaged in commercial activities, shall be registered to dispense controlled substances in schedule II, III, IV, or V if they are authorized to dispense under the law of the State in which they regularly conduct business. Registration applica- Research appiitions by practitioners wishing to conduct research with controlled sub- *=^*^°"^* stances in schedule I shall be referred to the Secretary, who shall determine qualifications and competency of each practitioner requesting registration, as well as the merits of the research protocol. The Secretary, in determining the merits of each research protocol, shall consult with the Attorney General as to effective procedures to adequately safeguard against diversion of such controlled substances from legitimate medical or scientific use. Registration for the purpose of bona fide research with controlled substances in schedule I by a practitioner deemed qualified by the Secretary may be denied by the Attorney General only on a ground specified in section 304(a). D E N I A L, REVOCATION, OR S U S P E N S I O N OF REGISTRATION

SEC. 304. (a) A registration pursuant to section 303 to manufacture, distribute, or dispense a controlled substance may be suspended or revoked by the Attorney General upon a finding that the registrant— (1) has materially falsified any application filed pursuant to or required by this title or title III; Post, p. i285. (2) has been convicted of a felony under this title or title III or any other law of the United States, or of any State, relating to any substance defined in this title as a controlled substance; or (3) has had his State license or registration suspended, revoked, or denied by competent State authority and is no longer authorized by State law to engage in the manufacturing, distribution, or dispensing of controlled substances. (b) The Attorney General may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist. (c) Before taking action pursuant to this section, or pursuant to a o r d e r. service of denial of registration under section 303, the Attorney General shall "'^"' serve upon the applicant or registrant an order to show cause why registration should not be denied, revoked, or suspended. The order to show cause shall contain a statement of the basis thereof and shall call upon the applicant or registrant to appear before the Attorney

47-348 O - 72 - 83 (Pt. 1)

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/1314

 1256

80 Stat. 381. 5 USC 551. Registration, suspension.

Post, p. 1277.

PUBLIC LAW 91-513-OCT. 27, 1970

[84 STAT.

General at a time and place stated in the order, but in no event less than thirty days after the date of receipt of the order. Proceedings to deny, revoke, or suspend shall be conducted pursuant to this section in accordance with subchapter II of chapter 5 of title 5 of the United States Code. Such proceedings shall be independent of, and not in lieu of, criminal prosecutions or other proceedings under this title or any other law of the United States. (d) The Attorney General may, in his discretion, suspend any registration simultaneously with the institution of proceedings under this section, in cases where he finds that there is an imminent danger to the public health or safety. Such suspension shall continue in effect until the conclusion of such proceedings, including judicial review thereof, unless sooner withdrawn by the Attorney General or dissolved by a court of competent jurisdiction. (e) The suspension or revocation of a registration under this section shall operate to suspend or revoke any quota applicable under section 306. (f) In the event the Attorney General suspends or revokes a registration granted under section 303, all controlled substances owned or possessed by the registrant pursuant to such registration at the time of suspension or the effective date of the revocation order, as the case may be, may, in the discretion of the Attorney General, be placed under seal. No disposition may be made of any controlled substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded except that a court, upon application therefor, may at any time order the sale of perishable controlled substances. Any such order shall require the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all such controlled substances (or proceeds of sale deposited in court) shall be forfeited to the United States; and the Attorney General shall dispose of such controlled substances in accordance with section 511(e). LABELING AND PACKAGING REQUIREMENTS

Symbol.

52 Stat. 1041. 21 USC 321.

65 Stat. 648. 21 USC 353.

Unlawful distribution.

SEC. 305. (a) I t shall be unlawful to distribute a controlled substance in a commercial container unless such container, when and as required by regulations of the Attorney General, bears a label (as defined in section 201(k) of the Federal Food, Drug, and Cosmetic Act) containing an identifying symbol for such substance in accordance with such regulations. A different symbol shall be required for each schedule of controlled substances. (b) I t shall be unlawful for the manufacturer of any controlled substance to distribute such substance unless the labeling (as defined in section 201(m) of the Federal Food, Drug, and Cosmetic Act) of such substance contains, when and as required by regulations of the Attorney General, the identifying symbol required under subsection (a). (c) The Secretary shall prescribe regulations under section 503(b) of the Federal Food, Drug, and Cosmetic Act which shall provide that the label of a drug listed in schedule II, III, or IV shall, when dispensed to or for a patient, contain a clear, concise warning that it is a crime to transfer the drug to any person other than the patient. (d) I t shall be unlawful to distribute controlled substances in schedule I or II, and narcotic drugs in schedule III or IV, unless the bottle or other container, stopper, covering, or wrapper thereof is securely sealed as required by regulations of the Attorney General.

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/1315

 84 STAT. ]

PUBLIC LAW 91-513-OCT. 27, 1970 QUOTAS A P P L I C A B L E TO CERTAIN

1257

SUBSTANCES

SEC. 306. (a) The Attorney General shall determine the total quantity and establish production quotas for each basic class of controlled substance in schedules I and II to be manufactured each calendar year to provide for the estimated medical, scientific, research, and industrial needs of the United States, for lawful export requirements, and for the establishment and maintenance of reserve stocks. Production quotas shall be established in terms of quantities of each basic class of controlled substance and not in terms of individual pharmaceutical dosage forms prepared from or containing such a controlled substance. (b) The Attorney General shall limit or reduce individual production quotas to the extent necessary to prevent the aggregate of individual quotas from exceeding the amount determined necessary each year by the Attorney General under subsection (a). The quota of each registered manufacturer for each basic class of controlled substance in schedule I or II shall be revised in the same proportion as the limitation or reduction of the aggregate of the quotas. However, if any registrant, before the issuance of a limitation or reduction in quota, has manufactured in excess of his revised quota, the amount of the excess shall be subtracted from his quota for the following year. (c) On or before July 1 of each year, upon application therefor by a registered manufacturer, the Attorney General shall fix a manufacturing quota for the basic classes of controlled substances in schedules I and II that the manufacturer seeks to produce. The quota shall be subject to the provisions of subsections (a) and (b) of this section. In fixing such quotas, the Attorney General shall determine the manufacturer's estimated disposal, inventory, and other requirements for the calendar year; and, in making his determination, the Attorney General shall consider the manufacturer's current rate of disposal, the trend of the national disposal rate during the preceding calendar year, the manufacturer's production cycle and inventory position, the economic availability of raw materials, yield and stability problems, emergencies such as strikes and fires, and other factors. (d) The Attorney General shall, upon application and subject to the provisions of subsections (a) and (b) of this section, fix a quota for a basic class of controlled substance in schedule I or II for any registrant who has not manufactured that basic class of controlled substance during one or more preceding calendar years. In fixing such (i[uota, the Attorney General shall take into account the registrant's reasonably anticipated requirements for the current year; and, in making his determination of such requirements, he shall consider such factors specified in subsection (c) of this section as may be relevant. (e) At any time during the year any registrant who has applied for or received a manufacturing quota for a basic class of controlled substance in schedule I or II may apply for an increase in that quota to meet his estimated disposal, inventory, and other requirements during the remainder of that year. I n passing upon the application the Attorney General shall take into consideration any occurrences since the filing of the registrant's initial quota application that may require an increased manufacturing rate by the registrant during the balance of the year. I n passing upon the application the Attorney General may also take into account the amount, if any, by which the determination of the Attorney General under subsection (a) of this section exceeds the aggregate of the quotas of all registrants under this section. (f) Notwithstanding any other provisions of this title, no registration or quota may be required for the manufacture of such quantities of controlled substances in schedules I and II as incidentally and

Production '^"°*^'

qu'^f""^^^*"^^"^

Quota, increase,

stan"es°"ncid"nl tai production.

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/1316

 1258

Restrictions.

PUBLIC LAW 91-513-OCT. 27, 1970

[84 STAT.

necessarily result from the manufacturing process used for the manufacture of a controlled substance with respect to which its manufacturer is duly registered under this title. The Attorney General may, by regulation, prescribe restrictions on the retention and disposal of such incidentally produced substances. RECORDS A N D REPORTS OF REGISTRANTS

Inventory.

Availability. _Nonapplicabii-

36Oby^'^ ^^^'

SEC. 307. (a) Except as provided in subsection (c)— (1) every registrant under this title shall, on the effective date of this section, or as soon thereafter as such registrant first engages in the manufacture, distribution, or dispensing of controlled substances, and every second year thereafter, make a complete and accurate record of all stocks thereof on hand, except that the regulations prescribed under this section shall permit each such biennial inventory (following the initial inventory required by this paragraph) to be prepared on such registrant's regular general physical inventory date (if any) which is nearest to and does not vary by more than six months from the biennial date that would otherwise apply; (2) on the effective date of each regulation of the Attorney General controlling a substance that immediately prior to such date was not a controlled substance, each registrant under this title manufacturing, distributing, or dispensing such substance shall make a complete and accurate record of all stocks thereof on hand; and (3) on and after the effective date of this section, every registrant under this title manufacturing, distributing, or dispensing a controlled substance or substances shall maintain, on a current basis, a complete and accurate record of each such substance manufactured, received, sold, delivered, or otherwise disposed of by him, except that this paragraph shall not require the maintenance of a perpetual inventory. (b) Every inventory or other record recjuired under this section (1) shall be in accordance with, and contain such relevant information as may be required by, regulations of the Attorney General, (2) shall (A) be maintained separately from all other records of the registrant, or (B) alternatively, in the case of nonnarcotic controlled substances, be in such form that information required by the Attorney General is readily retrievable from the ordinary business records of ^]^g registrant, and (3) shall be kept and be available, for at least two years, for inspection and copying by officers or employees of the United States authorized by the Attorney General. ^^^ rpj^^ foregoing provisions of this section shall not apply— (1)(A) with respect to narcotic controlled substances in schedule II, III, IV, or V, to the prescribing or administering of such substances by a practitioner in the lawful course of his professional practice; or (B) with respect to nonnarcotic controlled substances in schedule II, III, IV, or V, to any practitioner who dispenses such substances to his patients, unless the practitioner is regularly engaged in charging his patients, either separately or together with charges for other professional services, for substances so dispensed; (2)(A) to the use of controlled substances, at establishments registered under this title which keep records with respect to such substances, in research conducted in conformity with an exemption granted under section 505(i) or 512(j) of the Federal Food, Drug, and Cosmetic Act;

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/1317

 84 STAT. ]

PUBLIC LAW 91-513-OCT. 27, 1970

(B) to the use of controlled substances, at establishments registered under this title which keep records with respect to such substances, in preclinical research or in teaching; or (3) to the extent of any exemption granted to any person, with respect to all or part of such provisions, by the Attorney General by or pursuant to regulation on the basis of a finding that the application of such provisions (or part thereof) to such person is not necessary for carrying out the purposes of this title. (d) Every manufacturer registered under section 303 shall, at such time or times and in such form as the Attorney General may require, make periodic reports to the Attorney General of every sale, delivery, or other disposal by him of any controlled substance, and each distributor shall make such reports with respect to narcotic controlled substances, identifying by the registration number assigned under this title the person or establishment (unless exempt from registration under section 302(d)) to whom such sale, delivery, or other disposal was made. (e) Eegulations under sections 505(i) and 512(j) of the Federal Food, Drug, and Cosmetic Act, relating to investigational use of drugs, shall include such procedures as the Secretary, after consultation with the Attorney General, determines are necessary to insure the security and accountability of controlled substances used in research to which such regulations apply.

1259

52 Stat. 1052:; 76 Stat. 783. 82 Stat. 343. 21 USC 355, 360b.

ORDER FORMS

SEC. 308. (a) I t shall be unlawful for any person to distribute a controlled substance in schedule I or II to another except in pursuance of a written order of the person to whom such substance is distributed, made on a form to be issued by the Attorney General in blank in accordance with subsection (d) and regulations prescribed by him pursuant to this section. (b) Nothing in subsection (a) shall apply to— (1) the exportation of such substances from the United States in conformity with title III; (2) the delivery of such a substance to or by a common or contract carrier for carriage in the lawful and usual course of its business, or to or by a warehouseman for storage in the lawful and usual course of its business; but where such carriage or storage is in connection with the distribution by the owner of the substance to a third person, this paragraph shall not relieve the distributor from compliance with subsection (a). (c)(1) Every person who in pursuance of an order required under subsection (a) distributes a controlled substance shall preserve such order for a period of two years, and shall make such order available for inspection and copying by officers and employees of the United States duly authorized for that purpose by the Attorney General, and by officers or employees of States or their political subdivisions who are charged with the enforcement of State or local laws regulating the production, or regulating the distribution or dispensing, of controlled substances and who are authorized under such laws to inspect such orders. (2) Every person who gives an order required under subsection (a) shall, at or before the time of giving such order, make or cause to be made a duplicate thereof on a form to be issued by the Attorney General in blank in accordance with subsection (d) and regulations prescribed by him pursuant to this section, and shall, if such order IS accepted, preserve such duplicate for a period of two years and make it available for inspection and copying by the officers and employees mentioned in paragraph (1) of this subsection.

Unlawful distribution.

Nonapplicability. Post, p 1285.

Preservation and availability.

Duplicate, preservation and availability.

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/1318

 1260 Forms, issuance.

Fees.

Unlawful act.

PUBLIC LAW 91-513-OCT. 27, 1970

[84 STAT.

(d)(1) The Attorney General shall issue forms pursuant to subsections (a) and (c)(2) only to persons validly registered under section 303 (or exempted from registration under section 302(d)). Whenever any such form is issued to a person, the Attorney General shall, before delivery thereof, insert therein the name of such person, and it shall be unlawful for any other person (A) to use such form for the purpose of obtaining controlled substances or (B) to furnish such form to any person with intent thereby to procure the distribution of such substances. (2) The Attorney General may charge reasonable fees for the issuance of such forms in such amounts as he may prescribe for the purpose of covering the cost to the United States of issuing such forms, and other necessary activities in connection therewith. (e) I t shall be unlawful for any person to obtain by means of order forms issued under this section controlled substances for any purpose other than their use, distribution, dispensing, or administration in the conduct of a lawful business in such substances or in the course of his professional practice or research. PRESCRIPTTONS

52 Stat. 1040. 21 USC 301.

65 Stat. 648. 21 USC 353.

SEC. 309. (a) Except when dispensed directly by a practitioner, other than a pharmacist, to an ultimate user, no controlled substance in schedule II, which is a prescription drug as determined under the Federal Food, Drug, and Cosmetic Act, may be dispensed without the written prescription of a practitioner, except that in emergency situations, as prescribed by the Secretary by regulation after consultation with the Attorney General, such drug may be dispensed upon oral prescription in accordance with section 503(b) of that Act. Prescriptions shall be retained in conformity with the requirements of section 307 of this title. No prescription for a controlled substance in schedule II may be refilled. (b) Except when dispensed directly by a practitioner, other than a pharmacist, to an ultimate user, no controlled substance in schedule III or IV, which is a prescription drug as determined under the Federal Food, Drug, and Cosmetic Act, may be dispensed without a written or oral prescription in conformity with section 503(b) of that Act. Such prescriptions may not be filled or refilled more than six months after the date thereof or be refilled more than five times after the date of the prescription unless renewed by the practitioner. (c) No controlled substance in schedule V which is a drug may be distributed or dispensed other than for a medical purpose. (d) Whenever it appears to the Attorney General that a drug not considered to be a prescription drug under the Federal Food, Drug, and Cosmetic Act should be so considered because of its abuse potential, he shall so advise the Secretary and furnish to him all available data relevant thereto. PART D — OF F E N S E S AND PENALTIES PROHIBITED ACTS A—PENALTIES

SEC. 401. (a) Except as authorized by this title, it shall be unlawful for any person knowingly or intentionally— (1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or (2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/1319

 84 STAT. ]

PUBLIC LAW 91-513-OCT. 27, 1970

1261

(b) Except as otherwise provided in section 405, any person who P°^*' P- ^^es. violates subsection (a) of this section shall be sentenced as follows: (1)(A) In the case of a controlled substance in schedule I or II Penalties, which is a narcotic drug, such person shall be sentenced to a term of imprisonment of not more than 15 years, a fine of not more than $25,000, or both. If any person commits such a violation after one or more prior convictions of him for an offense punishable under this paragraph, or for a felony under any other provision of this title or title III or other law of the United States relating to narcotic Po^t> P- issa. drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 30 years, a fine of not more than $50,000, or both. Any sentence imposing a term of imprisonment under this paraspeciai parole graph shall, in the absence of such a prior conviction, impose a special term. parole term of at least 3 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a special parole term of at least 6 years in addition to such term of imprisonment. (B) In the case of a controlled substance in schedule I or II which is not a narcotic drug or in the case of any controlled substance in schedule III, such person shall be sentenced to a term of imprisonment of not more than 5 years, a fine of not more than $15,000, or both. If any person commits such a violation after one or more prior convictions of him for an offense punishable under this paragraph, or for a felony under any other provision of this title or title III or other law of the United States relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 10 years, a fine of not more than $30,000, or both. Any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a special parole term of at least 2 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a special parole term of at least 4 years in addition to such term of imprisonment. (2) I n the case of a controlled substance in schedule IV, such person shall be sentenced to a term of imprisonment of not more than 3 years, a fine of not more than $10,000, or both. If any person commits such a violation after one or more prior convictions of him for an offense punishable under this paragraph, or for a felony under any other provision of this title or title III or other law of the United States relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 6 years, a fine of not more than $20,000, or both. Any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a special parole term of at least one year in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a special parole term of at least 2 years in addition to such term of imprisonment. (3) In the case of a controlled substance in schedule V, such person shall be sentenced to a term of imprisonment of not more than one year, a fine of not more than $5,000, or both. If any person commits such a violation after one or more convictions of him for an offense punishable under this paragraph, or for a crime under any other provision of this title or title III or other law of the United States relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 2 years, a fine of not more than $10,000, or both.

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/1320

 1262

PUBLIC LAW 91-513-OCT. 27, 1970

[84 STAT.

Marihuana, (4) Notwithstanding paragraph (1)(B) of this subsection, any simple possession. pgj.gQjj ^J^Q violates subsBction (a) of this section by distributing a small amount of marihuana for no remuneration shall be treated as provided in subsections (a) and (b) of section 404. Special parole (c) A special parole term imposed under this section or section 405 term. 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. A special parole term provided for in this section or section 405 shall be in addition to, and not in lieu of, any other parole provided for by law. P R O H I B I T E D ACTS B — P E N A L T I E S

Post,

p. 1285.

Ante, Post,

p. 1256. p. 1276.

Penalty. Jurisdiction.

62 Stat. 934.

SEC. 402. (a) I t shall be unlawful for any person— (1) who is subject to the requirements of part C to distribute or dispense a controlled substance in violation of section 309; (2) who is a registrant to distribute or dispense a controlled substance not authorized by his registration to another registrant or other authorized person or to manufacture a controlled substance not authorized by his registration; (3) who is a registrant to distribute a controlled substance in violation of section 305 of this title; (4) to remove, alter, or obliterate a symbol or label required by section 305 of this title; (5) to refuse or fail to make, keep, or furnish any record, report, notification, declaration, order or order form, statement, invoice, or information required under this title or title III; (6) to refuse any entry into any premises or inspection authorized by this title or title III; (7) to remove, break, injure, or deface a seal placed upon controlled substances pursuant to section 304(f) or 511 or to remove or dispose of substances so placed under seal; or (8) to use, to his own advantage, or to reveal, other than to duly authorized officers or employees of the United States, or to the courts when relevant in any judicial proceeding under this title or title III, any information acquired in the course of an inspection authorized by this title concerning any method or process which as a trade secret is entitled to protection. (b) I t shall be unlawful for any person who is a registrant to manufacture a controlled substance in schedule I or II which is— (1) not expressly authorized by his registration and by a quota assigned to him pursuant to section 306; or (2) in excess of a quota assigned to him pursuant to section 306. (c)(1) Except as provided in paragraph (2), any person who violates this section shall, with respect to any such violation, be subject to a civil penalty of not more than $25,000. The district courts of the United States (or, where there is no such court in the case of any territory or possession of the United States, then the court in such territory or possession having the jurisdiction of a district court of the United States in cases arising under the Constitution and laws of the United States) shall have jurisdiction in accordance with section 1355 of title 28 of the United States Code to enforce this paragraph.

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/1321

 84 STAT. ]

1263

PUBLIC LAW 91-513-OCT. 27, 1970

(2)(A) If a violation of this section is prosecuted by an information or indictment which alleges that the violation was committed knowingly and the trier of fact specifically finds that the violation was so committed, such person shall, except as otherwise provided in subparagraph (B) of this paragraph, be sentenced to imprisonment of not more than one year or a fine of not more than $25,000, or both. (B) If a violation referred to in subparagraph (A) was committed after one or more prior convictions of the offender for an offense punishable under this paragraph (2), or for a crime under any other provision of this title or title III or other law of the United States relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 2 years, a fine of $50,000, or both. (3) Except under the conditions specified in paragraph (2) of this subsection, a violation of this section does not constitute a crime, and a judgment for the United States and imposition of a civil penalty pursuant to paragraph (1) shall not give rise to any disability or legal disadvantage based on conviction for a criminal offense.

Penalty.

Post, p. 1285. Penalty. Exception.

PROHIBITED ACTS C—PENALTIES

SEC. 403. (a) I t shall be unlawful for any person knowingly or intentional 1 y— (1) who is a registrant to distribute a controlled substance classified in schedule I or II, in the course of his legitimate business, except pursuant to an order or an order form as required by section 308 of this title; _ (2) to use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended, or issued to another person; (3) to acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge; (4) to furnish false or fraudulent material information in, or omit any material information from, any application, report, record, or other document required to be made, kept, or filed under this title or title III; or (5) to make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render such drug a counterfeit substance. (b) I t shall be unlawful for any person knowingly or intentionally to use any communication facility in committing or in causing or facilitating the commission of any act or acts constituting a felony under any provision of this title or title III. Each separate use of a communication facility shall be a separate offense under this subsection. For purposes of this subsection, the term "communication facility" means any and all public and private instrumentalities used or useful in the transmission of writing, signs, signals, pictures, or sounds of all kinds and includes mail, telephone, wire, radio, and all other means of communication. (c) Any person who violates this section shall be sentenced to a term of imprisonment of not more than 4 years, a fine of not more than $30,000, or both; except that if any person commits such a violation after one or more prior convictions of him for violation of this section, or for a felony under any other provision of this title or title III or other law of the United States relating to narcotic drugs.

Ante, p. 1259.

"Communication facility."

Penalty.

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/1322

 1264 Penalty.

PUBLIC LAW 91-513-OCT. 27, 1970

[84 STAT.

marihuana, or depressant or stimulant substances, have become final, such persou shall be sentenced to a term of imprisonment of not more than 8 years, a fine of not more than $60,000, or both. P E N A L T Y FOR S I M P L E POSSESSION j CONDITIONAL DISCHARGE A N D E X P U N G I N G OF RECORDS FOR F I RST OF F E N S E

SEC. 404. (a) I t shall be unlawful for any person knowingly or intentionally to possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner, while acting in the course of his professional Post, p. 1285. practice, or except as otherwise authorized by this title or title III. Any person who violates this subsection shall be sentenced to a term of imprisonment of not more than one year, a fine of not more than $5,000, or both, except that if he commits such offense after a prior conviction or convictions under this subsection have become final, he shall be sentenced to a term of imprisonment of not more than 2 years, a fine of not more than $10,000, or both. (b)(1) If any person who has not previously been convicted of violating subsection (a) of this section, any other provision of this title or title III, or any other law of the United States relating to narcotic drugs, marihuana, or depressant or stimulant substances, is found guilty of a violation of subsection (a) of this section after trial or upon a plea of guilty, the court may, without entering a judgment of guilty and with the consent of such person, defer further proceedings and place him on probation upon such reasonable conditions as it may require and for such period, not to exceed one year, as the court may prescribe. Upon violation of a condition of the probation, the court may enter an adjudication of guilt and proceed as otherwise provided. The court may, in its discretion, dismiss the proceedings against such person and discharge him from probation before the expiration of the maximum period prescribed for such person's probation. If during the period of his probation such person does not violate any of the conditions of the probation, then upon expiration of such period the court shall discharge such person and dismiss the proceedings against him. Discharge and dismissal under this subsection shall Nonpublic rec- he without court adjudication of guilt, but a nonpublic record thereof ord, r e t e n t i o n. shall be retained by the Department of Justice solely for the purpose of use by the courts in determining whether or not, in subsequent proceedings, such person qualifies under this subsection. Such discharge or dismissal shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime (including the penalties prescribed under this part for second or subsequent convictions) or for any other purpose. Discharge and dismissal under this section may occur only once with respect to any person. (2) Upon the dismissal of such person and discharge of the proceedings against him under paragraph (1) of this subsection, such person, if he was not over twenty-one years of age at the time of the offense, may apply to the court for an order to expunge from all official records (other than the nonpublic records to be retained by the Department of Justice under paragraph (1)) all recordation relating to his arrest, indictment or information, trial, finding of guilty, and dismissal and discharge pursuant to this section. If the court determines, after hearing, that such person was dismissed and the proceedings against him discharged and that he was not over twentyone years of age at the time of the offense, it shall enter such order.

�