Controlled Substances Act
PART
A - INTRODUCTORY PROVISIONS
§ 801 Note Short Title
This title may be cited as the 'Controlled Substances Act'.
§ 801. Congressional findings and declarations: controlled substances.
The Congress makes the following findings and declarations:
- (1) Many of the drugs included within this subchapter have a useful and
legitimate medical purpose and are necessary to maintain the health and general
welfare of the American people.
- (2) The illegal importation, manufacture, distribution, and possession and
improper use of controlled substances have a substantial and detrimental effect
on the health and general welfare of the American people.
- (3) A major portion of the traffic in controlled substances flows through
interstate and foreign commerce. Incidents of the traffic which are not an
integral part of the interstate or foreign flow, such as manufacture, local
distribution, and possession, nonetheless have a substantial and direct effect
upon interstate commerce because -
- (A) after manufacture, many controlled substances are transported in
interstate commerce,
- (B) controlled substances distributed locally usually have been transported
in interstate commerce immediately before their distribution, and
- (C) controlled substances possessed commonly flow through interstate
commerce immediately prior to such possession.
- (4) Local distribution and possession of controlled substances contribute
to swelling the interstate traffic in such substances.
- (5) Controlled substances manufactured and distributed intrastate cannot
be differentiated from controlled substances manufactured and distributed
interstate. Thus, it is not feasible to distinguish, in terms of controls,
between controlled substances manufactured and distributed interstate and
controlled substances manufactured and distributed intrastate.
- (6) Federal control of the intrastate incidents of the traffic in controlled
substances is essential to the effective control of the interstate incidents
of such traffic.
- (7) The United States is a party to the Single Convention on Narcotic Drugs,
1961, and other international conventions designed to establish effective
control over international and domestic traffic in controlled substances.
§ 801a. Congressional findings and declarations: psychotropic substances.
The Congress makes the following findings and declarations:
- (1) The Congress has long recognized the danger involved in the manufacture,
distribution, and use of certain psychotropic substances for nonscientific
and nonmedical purposes, and has provided strong and effective legislation
to control illicit trafficking and to regulate legitimate uses of psychotropic
substances in this country. Abuse of psychotropic substances has become a
phenomenon common to many countries, however, and is not confined to national
borders. It is, therefore, essential that the United States cooperate with
other nations in establishing effective controls over international traffic
in such substances.
- (2) The United States has joined with other countries in executing an international
treaty, entitled the Convention on Psychotropic Substances and signed at Vienna,
Austria, on February 21, 1971, which is designed to establish suitable controls
over the manufacture, distribution, transfer, and use of certain psychotropic
substances. The Convention is not self-executing, and the obligations of the
United States thereunder may only be performed pursuant to appropriate legislation.
It is the intent of the Congress that the amendments made by this Act, together
with existing law, will enable the United States to meet all of its obligations
under the Convention and that no further legislation will be necessary for
that purpose.
- (3) In implementing the Convention on Psychotropic Substances, the Congress
intends that, consistent with the obligations of the United States under the
Convention, control of psychotropic substances in the United States should
be accomplished within the framework of the procedures and criteria for classification
of substances provided in the Comprehensive Drug Abuse Prevention and Control
Act of 1970 (21 U.S.C. 801 et seq.). This will insure that
- (A) the availability of psychotropic substances to manufacturers, distributors,
dispensers, and researchers for useful and legitimate medical and scientific
purposes will not be unduly restricted;
- (B) nothing in the Convention will interfere with bona fide research
activities; and
- (C) nothing in the Convention will interfere with ethical medical practice
in this country as determined by the Secretary of Health and Human Services
on the basis of a consensus of the views of the American medical and scientific
community.
§ 802. Definitions.
As used in this subchapter:
- (1) The term ''addict'' means any individual who habitually uses any narcotic
drug so as to endanger the public morals, health, safety, or welfare, or who
is so far addicted to the use of narcotic drugs as to have lost the power
of self-control with reference to his addiction.
- (2) The term ''administer'' refers to the direct application of a controlled
substance to the body of a patient or research subject by -
- (A) a practitioner (or, in his presence, by his authorized agent), or
- (B) the patient or research subject at the direction and in the presence
of the practitioner, whether such application be by injection, inhalation,
ingestion, or any other means.
- (3) The term ''agent'' means an authorized person who acts on behalf of
or at the direction of a manufacturer, distributor, or dispenser; except that
such term does not include a common or contract carrier, public warehouseman,
or employee of the carrier or warehouseman, when acting in the usual and lawful
course of the carrier's or warehouseman's business.
- (4) The term ''Drug Enforcement Administration'' means the Drug Enforcement
Administration in the Department of Justice.
- (5) The term ''control'' means to add a drug or other substance, or immediate
precursor, to a schedule under part B of this subchapter, whether by transfer
from another schedule or otherwise.
- (6) The term ''controlled substance'' means a drug or other substance, or
immediate precursor, included in schedule I, II, III, IV, or V of part B of
this subchapter. The term does not include distilled spirits, wine, malt beverages,
or tobacco, as those terms are defined or used in subtitle E of the Internal
Revenue Code of 1986.
- (7) The term ''counterfeit substance'' means a controlled substance which,
or the container or labeling of which, without authorization, bears the trademark,
trade name, or other identifying mark, imprint, number, or device, or any
likeness thereof, of a manufacturer, distributor, or dispenser other than
the person or persons who in fact manufactured, distributed, or dispensed
such substance and which thereby falsely purports or is represented to be
the product of, or to have been distributed by, such other manufacturer, distributor,
or dispenser.
- (8) The terms ''deliver'' or ''delivery'' mean the actual, constructive,
or attempted transfer of a controlled substance or a listed chemical, whether
or not there exists an agency relationship.
- (9) The term ''depressant or stimulant substance'' means -
- (A) a drug which contains any quantity of (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 352(d) of this title; 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 systems;
or
- (C) lysergic acid diethylamide; or
- (D) any drug which contains any quantity of a substance which the Attorney
General, after investigation, has found to have, and by regulation designated
as having, a potential for abuse because of its depressant or stimulant
effect on the central nervous system or its hallucinogenic effect.
- (10) The term ''dispense'' means to deliver a controlled substance to an
ultimate user or research subject by, or pursuant to the lawful order of,
a practitioner, including the prescribing and administering of a controlled
substance and the packaging, labeling or compounding necessary to prepare
the substance for such delivery. The term ''dispenser'' means a practitioner
who so delivers a controlled substance to an ultimate user or research subject.
- (11) The term ''distribute'' means to deliver (other than by administering
or dispensing) a controlled substance or a listed chemical. The term ''distributor''
means a person who so delivers a controlled substance or a listed chemical.
- (12) The term ''drug'' has the meaning given that term by section 321(g)(1)
of this title.
- (13) The term ''felony'' means any Federal or State offense classified by
applicable Federal or State law as a felony.
- (14) The term ''isomer'' means the optical isomer, except as used in schedule
I(c) and schedule II(a)(4). As used in schedule I(c), the term ''isomer''
means any optical, positional, or geometric isomer. As used in schedule II(a)(4),
the term ''isomer'' means any optical or geometric isomer.
- (15) The term ''manufacture'' means the production, preparation, propagation,
compounding, or processing of a drug or other substance, either directly or
indirectly or by extraction from substances of natural origin, or independently
by means of chemical synthesis or by a combination of extraction and chemical
synthesis, and includes any packaging or repackaging of such substance or
labeling or relabeling of its container; except that such term does not include
the preparation, compounding, packaging, or labeling of a drug or other substance
in conformity with applicable State or local law by a practitioner as an incident
to his administration or dispensing of such drug or substance in the course
of his professional practice. The term ''manufacturer'' means a person who
manufactures a drug or other substance.
- (16) The term ''marihuana'' means all parts of the plant Cannabis sativa
L., whether growing or not; the seeds thereof; the resin extracted from any
part of such plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of such plant, its seeds or resin. Such term does not include
the mature stalks of such plant, fiber produced from such stalks, oil or cake
made from the seeds of such plant, any other compound, manufacture, salt,
derivative, mixture, or preparation of such mature stalks (except the resin
extracted therefrom), fiber, oil, or cake, or the sterilized seed of such
plant which is incapable of germination.
- (17) The term ''narcotic drug'' means any of the following whether produced
directly or indirectly by extraction from substances of vegetable origin,
or independently by means of chemical synthesis, or by a combination of extraction
and chemical synthesis:
- (A) Opium, opiates, derivatives of opium and opiates, including their
isomers, esters, ethers, salts, and salts of isomers, esters, and ethers,
whenever the existence of such isomers, esters, ethers, and salts is possible
within the specific chemical designation. Such term does not include the
isoquinoline alkaloids of opium.
- (B) Poppy straw and concentrate of poppy straw.
- (C) Coca leaves, except coca leaves and extracts of coca leaves from
which cocaine, ecgonine, and derivatives of ecgonine or their salts have
been removed.
- (D) Cocaine, its salts, optical and geometric isomers, and salts of
isomers.
- (E) Ecgonine, its derivatives, their salts, isomers, and salts of isomers.
- (F) Any compound, mixture, or preparation which contains any quantity
of any of the substances referred to in subparagraphs (A) through (E).
- (18) The term ''opiate'' means any drug or other substance having an addiction-forming
or addiction-sustaining liability similar to morphine or being capable of
conversion into a drug having such addiction-forming or addiction-sustaining
liability.
- (19) The term ''opium poppy'' means the plant of the species Papaver somniferum
L., except the seed thereof.
- (20) The term ''poppy straw'' means all parts, except the seeds, of the
opium poppy, after mowing.
- (21) The term ''practitioner'' means a physician, dentist, veterinarian,
scientific investigator, pharmacy, hospital, or other person licensed, registered,
or otherwise permitted, by the United States or the jurisdiction in which
he practices or does research, to distribute, dispense, conduct research with
respect to, administer, or use in teaching or chemical analysis, a controlled
substance in the course of professional practice or research.
- (22) The term ''production'' includes the manufacture, planting, cultivation,
growing, or harvesting of a controlled substance.
- (23) The term ''immediate precursor'' means a substance -
- (A) which the Attorney General has found to be and by regulation designated
as being the principal compound used, or produced primarily for use, in
the manufacture of a controlled substance;
- (B) which is an immediate chemical intermediary used or likely to be
used in the manufacture of such controlled substance; and
- (C) the control of which is necessary to prevent, curtail, or limit
the manufacture of such controlled substance.
- (24) The term ''Secretary'', unless the context otherwise indicates, means
the Secretary of Health and Human Services.
- (25) The term ''serious bodily injury'' means bodily injury which involves
-
- (A) a substantial risk of death;
- (B) protracted and obvious disfigurement; or
- (C) protracted loss or impairment of the function of a bodily member,
organ, or mental faculty.
- (26) The term ''State'' means 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.
- (27) The term ''ultimate user'' means a person who has lawfully obtained,
and who possesses, a controlled substance for his own use or for the use of
a member of his household or for an animal owned by him or by a member of
his household.
- (28) The term ''United States'', when used in a geographic sense, means
all places and waters, continental or insular, subject to the jurisdiction
of the United States.
- (29) The term ''maintenance treatment'' means the dispensing, for a period
in excess of twenty-one days, of a narcotic drug in the treatment of an individual
for dependence upon heroin or other morphine-like drugs.
- (30) The term ''detoxification treatment'' means the dispensing, for a period
not in excess of one hundred and eighty days, of a narcotic drug in decreasing
doses to an individual in order to alleviate adverse physiological or psychological
effects incident to withdrawal from the continuous or sustained use of a narcotic
drug and as a method of bringing the individual to a narcotic drug-free state
within such period.
- (31) The term ''Convention on Psychotropic Substances'' means the Convention
on Psychotropic Substances signed at Vienna, Austria, on February 21, 1971;
and the term ''Single Convention on Narcotic Drugs'' means the Single Convention
on Narcotic Drugs signed at New York, New York, on March 30, 1961.
- (32)
- (A) Except as provided in subparagraph (B), the term ''controlled substance
analogue'' means a substance -
- (i) the chemical structure of which is substantially similar to
the chemical structure of a controlled substance in schedule I or
II;
- (ii) which has a stimulant, depressant, or hallucinogenic effect
on the central nervous system that is substantially similar to or
greater than the stimulant, depressant, or hallucinogenic effect on
the central nervous system of a controlled substance in schedule I
or II; or
- (iii) with respect to a particular person, which such person represents
or intends to have a stimulant, depressant, or hallucinogenic effect
on the central nervous system that is substantially similar to or
greater than the stimulant, depressant, or hallucinogenic effect on
the central nervous system of a controlled substance in schedule I
or II.
- (B) Such term does not include -
- (i) a controlled substance;
- (ii) any substance for which there is an approved new drug application;
- (iii) with respect to a particular person any substance, if an exemption
is in effect for investigational use, for that person, under section
355 of this title to the extent conduct with respect to such substance
is pursuant to such exemption; or
- (iv) any substance to the extent not intended for human consumption
before such an exemption takes effect with respect to that substance.
- (33) The term ''listed chemical'' means any list I chemical or any list
II chemical.
- (34) The term ''list I chemical'' means a chemical specified by regulation
of the Attorney General as a chemical that is used in manufacturing a controlled
substance in violation of this subchapter and is important to the manufacture
of the controlled substances, and such term includes (until otherwise specified
by regulation of the Attorney General, as considered appropriate by the Attorney
General or upon petition to the Attorney General by any person) the following:
- (A) Anthranilic acid, its esters, and its salts.
- (B) Benzyl cyanide.
- (C) Ephedrine, its salts, optical isomers, and salts of optical isomers.
- (D) Ergonovine and its salts.
- (E) Ergotamine and its salts.
- (F) N-Acetylanthranilic acid, its esters, and its salts.
- (G) Norpseudoephedrine, its salts, optical isomers, and salts of optical
isomers.
- (H) Phenylacetic acid, its esters, and its salts.
- (I) Phenylpropanolamine, its salts, optical isomers, and salts of optical
isomers.
- (J) Piperidine and its salts.
- (K) Pseudoephedrine, its salts, optical isomers, and salts of optical
isomers.
- (L) 3,4-Methylenedioxyphenyl-2-propanone.
- (M) Methylamine.
- (N) Ethylamine.
- (O) Propionic anhydride.
- (P) Insosafrole.
- (Q) Safrole.
- (R) Piperonal.
- (S) N-Methylepherdrine. (FOOTNOTE 1) (FOOTNOTE 1) So in original. Probably
should be ''N-Methylephedrine.''
- (T) N-methylpseudoephedrine.
- (U) Hydriotic (FOOTNOTE 2) acid. (FOOTNOTE 2) So in original. Probably
should be ''Hydriodic''.
- (V) Benzaldehyde.
- (W) Nitroethane.
- (X) Any salt, optical isomer, or salt of an optical isomer of the chemicals
listed in subparagraphs (M) through (U) of this paragraph.
- (35) The term ''list II chemical'' means a chemical (other than a list I
chemical) specified by regulation of the Attorney General as a chemical that
is used in manufacturing a controlled substance in violation of this subchapter,
and such term includes (until otherwise specified by regulation of the Attorney
General, as considered appropriate by the Attorney General or upon petition
to the Attorney General by any person) the following chemicals:
- (A) Acetic anhydride.
- (B) Acetone.
- (C) Benzyl chloride.
- (D) Ethyl ether.
- (E) Repealed. Pub. L. 101-647, title XXIII, Sec. 2301(b), Nov. 29, 1990,
104 Stat. 4858.
- (F) Potassium permanganate.
- (G) 2-Butanone.
- (H) Toluene.
- (36) The term ''regular customer'' means, with respect to a regulated person,
a customer with whom the regulated person has an established business relationship
that is reported to the Attorney General.
- (37) The term ''regular importer'' means, with respect to a listed chemical,
a person that has an established record as an importer of that listed chemical
that is reported to the Attorney General.
- (38) The term ''regulated person'' means a person who manufactures, distributes,
imports, or exports a listed chemical, a tableting machine, or an encapsulating
machine or who acts as a broker or trader for an international transaction
involving a listed chemical, a tableting machine, or an encapsulating machine.
- (39) The term ''regulated transaction'' means -
- (A) a distribution, receipt, sale, importation, or exportation of, or
an international transaction involving shipment of, a listed chemical,
or if the Attorney General establishes a threshold amount for a specific
listed chemical, a threshold amount, including a cumulative threshold
amount for multiple transactions (as determined by the Attorney General,
in consultation with the chemical industry and taking into consideration
the quantities normally used for lawful purposes), of a listed chemical,
except that such term does not include -
- (i) a domestic lawful distribution in the usual course of business
between agents or employees of a single regulated person;
- (ii) a delivery of a listed chemical to or by a common or contract
carrier for carriage in the lawful and usual course of the business
of the common or contract carrier, or to or by a warehouseman for
storage in the lawful and usual course of the business of the warehouseman,
except that if the carriage or storage is in connection with the distribution,
importation, or exportation of a listed chemical to a third person,
this clause does not relieve a distributor, importer, or exporter
from compliance with section 830 of this title;
- (iii) any category of transaction or any category of transaction
for a specific listed chemical or chemicals specified by regulation
of the Attorney General as excluded from this definition as unnecessary
for enforcement of this subchapter or subchapter II of this chapter;
- (iv) any transaction in a listed chemical that is contained in a
drug that may be marketed or distributed lawfully in the United States
under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)
unless -
- (I)
- (aa) the drug contains ephedrine or its salts, optical isomers,
or salts of optical isomers as the only active medicinal ingredient
or contains ephedrine or its salts, optical isomers, or salts
of optical isomers and therapeutically insignificant quantities
of another active medicinal ingredient; or
- (bb) the Attorney General has determined under section
814 of this title that the drug or group of drugs is being
diverted to obtain the listed chemical for use in the illicit
production of a controlled substance; and
- (II) the quantity of ephedrine or other listed chemical contained
in the drug included in the transaction or multiple transactions
equals or exceeds the threshold established for that chemical
by the Attorney General; or
- (v) any transaction in a chemical mixture which the Attorney General
has by regulation designated as exempt from the application of this
subchapter and subchapter II of this chapter based on a finding that
the mixture is formulated in such a way that it cannot be easily used
in the illicit production of a controlled substance and that the listed
chemical or chemicals contained in the mixture cannot be readily recovered;
and
- (B) a distribution, importation, or exportation of a tableting machine
or encapsulating machine.
- (40) The term ''chemical mixture'' means a combination of two or more chemical
substances, at least one of which is not a list I chemical or a list II chemical,
except that such term does not include any combination of a list I chemical
or a list II chemical with another chemical that is present solely as an impurity.
- (41)
- (A) The term ''anabolic steroid'' means any drug or hormonal substance,
chemically and pharmacologically related to testosterone (other than estrogens,
progestins, and corticosteroids) that promotes muscle growth, and includes
-
- (i) boldenone,
- (ii) chlorotestosterone,
- (iii) clostebol,
- (iv) dehydrochlormethyltestosterone,
- (v) dihydrotestosterone,
- (vi) drostanolone,
- (vii) ethylestrenol,
- (viii) fluoxymesterone,
- (ix) formebulone,
- (x) mesterolone,
- (xi) methandienone,
- (xii) methandranone,
- (xiii) methandriol,
- (xiv) methandrostenolone,
- (xv) methenolone,
- (xvi) methyltestosterone,
- (xvii) mibolerone,
- (xviii) nandrolone,
- (xix) norethandrolone,
- (xx) oxandrolone,
- (xxi) oxymesterone,
- (xxii) oxymetholone,
- (xxiii) stanolone,
- (xxiv) stanozolol,
- (xxv) testolactone,
- (xxvi) testosterone,
- (xxvii) trenbolone, and (xxviii) any salt, ester, or isomer of a
drug or substance described or listed in this paragraph, if that salt,
ester, or isomer promotes muscle growth.
- (B)
- (i) Except as provided in clause (ii), such term does not include
an anabolic steroid which is expressly intended for administration
through implants to cattle or other nonhuman species and which has
been approved by the Secretary of Health and Human Services for such
administration.
- (ii) If any person prescribes, dispenses, or distributes such steroid
for human use, such person shall be considered to have prescribed,
dispensed, or distributed an anabolic steroid within the meaning of
subparagraph (A).
- (42) The term ''international transaction'' means a transaction involving
the shipment of a listed chemical across an international border (other than
a United States border) in which a broker or trader located in the United
States participates.
- (43) The terms ''broker'' and ''trader'' mean a person that assists in arranging
an international transaction in a listed chemical by -
- (A) negotiating contracts;
- (B) serving as an agent or intermediary; or
- (C) bringing together a buyer and seller, a buyer and transporter, or
a seller and transporter.
- (43) (FOOTNOTE 3) The term ''felony drug offense'' means an offense that
is punishable by imprisonment for more than one year under any law of the
United States or of a State or foreign country that prohibits or restricts
conduct relating to narcotic drugs, marihuana, or depressant or stimulant
substances. (FOOTNOTE 3) So in original. Probably should be ''(44)''.
§ 803. Repealed.
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