CONTROLLED SUBSTANCES ACT [Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970] TABLE OF CONTENTS TITLE II-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 B-AUTHORITY TO Control; Standards and ScCHEDULES Sec. 201. Authority and criteria for classification of substances. PART C-REGISTRATION OF MANUFACTURERS, DISTRIBUTORS, AND 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 C-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. 507. Judicial review. TABLE OF CONTENTS—CONTINUED TITLE II-CONTROL AND ENFORCEMENT CONTINUED PART E-ADMINISTRATIVE AND ENFORCEMENT PROVISIONS— Continued Sec. 601. Establishment of Commission on Marihuana 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 Note SEC. 100. This title may be cited as the "Controlled 21 U.S.C. 801 Substances Act". FINDINGS AND DECLARATIONS SEC. 101. The Congress makes the following findings 21 U.S.C. 801 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) 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. 22-456 O-78-11 21 U.S.C. 802 (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, 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. |