Imágenes de páginas
PDF
EPUB
[ocr errors][merged small]

[Title II of the Comprehensive Drug Abuse Prevention and Control

Act of 1970]

TABLE OF CONTENTS

TITLE I-CONTROL AND ENFORCEMENT

PART A-SHORT TITLE; FINDINGS AND DECLARATION ; DEFINITIONS
Sec. 100. Short title.
Sec. 101. Findings and declarations.
Sec. 102. Definitions.
Sec. 103. Increased numbers of enforcement personnel.

PART BAUTHORITY 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

DISPENSERS OF CONTROLLED SUBSTANCES
Sec. 301. Rules and regulations.
Sec. 302. Persons required to register.
Sec. 303. Registration requirements.
Sec. 304. Denial, revocation, or suspension of registration.
Sec. 305. Labeling and packaging requirements.
Sec. 306. Quotas applicable to certain substances.
Sec. 307. Records and reports of registrants.
Sec. 308. Order forms.
Sec. 309. Prescriptions.

PART D_OFFENSES AND PENALTIES
Sec. 401. Prohibited acts A-penalties.
Sec. 402. Prohibited acts B-penalties.
Sec. 403. Prohibited acts —penalties.
Sec. 404. Penalty for simple possession; conditional discharge

and expunging of records for first offense.
Sec. 405. Distribution to persons under age twenty-one.
Sec. 406. Attempt and conspiracy.
Sec. 407. Additional penalties.
Sec. 408. Continuing criminal enterprise.
Sec. 409. Dangerous special drug offender sentencing.
Sec. 410. Information for sentencing.
Sec. 411. Proceedings to establish previous convictions.

PART E-ADMINISTRATIVE AND ENFORCEMENT PROVISIONS

Sec. 501. Procedures.
Sec. 502. Education and research programs of the Attorney Gen-

eral.
Sec. 503. Cooperative arrangements.
Sec. 504. Advisory committees.
Sec. 505. Administrative hearings.
Sec. 506. Subpenas.
Sec. 507. Judicial review.

TABLE OF CONTENTS CONTINUED

TITLE II—CONTROL AND ENFORCEMENT- CONTINUED

PART E-ADMINISTRATIVE AND ENFORCEMENT PROVISIONS

Continued

Sec. 508. Powers of enforcement personnel.
Sec. 509. Search warrants.
Sec. 510. Administrative inspections and warrants.
Sec. 511. Forfeitures.
Sec. 512. Injunctions.
Sec. 513. Enforcement proceedings.
Sec. 514. Immunity and privilege.
Sec. 515. Burden of proof; liabilities.
Sec. 516. Payments and advances.

PART F-ADVISORY COMMISSION

Sec. 601. Establishment of Commission on Maribuana and Drug

Abuse.

PART G–CONFORMING, TRANSITIONAL, AND EFFECTIVE DATE, AND

GENERAL PROVISIONS

Sec. 701. Repeals and conforming amendments.
Sec. 702. Pending proceedings.
Sec. 703. Provisional registration.
Sec. 704. Effective dates and other transitional provisions.
Sec. 705. Continuation of regulations.
Sec. 706. Severability.
Sec. 707. Saving provision.
Sec. 708. Application of State law.
Sec. 709. Appropriations authorizations.

TITLE II-CONTROL AND ENFORCEMENT

PART A SHORT TITLE; FINDINGS AND DECLARATION;

DEFINITIONS

SHORT TITLE

Sec. 100. This title may be cited as the "Controlled 21 U.S.C. 801 Substances Act".

FINDINGS AND DECLARATIONS

21 U.S.C. 801

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 welfare of the American people.

(2) The illegal importation, manufacture, distribution, and possession and improper use of controlled substances have a substantial and detrimental effect on the health and general welfare of the American people.

(3) A major portion of the traffic in controlled substances flows through interstate and foreign commerce. Incidents of the traffic which are not an integral part of the interstate or foreign flow, such as manufacture, local distribution, and possession, nonetheless have a substantial and direct effect upon interstate commerce because

(A) after manufacture, many controlled substances are transported in interstate commerce,

(B) controlled substances distributed locally usually have been transported in interstate commerce immediately before their distribution, and

(C) controlled substances, possessed commonly flow through interstate commerce immediately prior

to such possession. (4) Locas 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.

22-456 - 78 - 11

(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

21 U.S.C. 802

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, 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.

« AnteriorContinuar »