21 U.S.C. § 801 (FOOD AND DRUGS)
§ 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.
(Pub. L. 91–513, title II, § 101, Oct. 27, 1970, 84 Stat. 1242.)
heading: Editorial Notes
heading: References in Text
text: This subchapter, referred to in par. (1), was in the original “this title”, meaning title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, and is popularly known as the “Controlled Substances Act”. For complete classification of title II to the Code, see second paragraph of Short Title note set out below and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 91–513, title II, § 704, Oct. 27, 1970, 84 Stat. 1284, provided that:
“(a) Except as otherwise provided in this section, this title [see Short Title note below] shall become effective on the first day of the seventh calendar month that begins after the day immediately preceding the date of enactment [Oct. 27, 1970].
“(b) Parts A, B, E, and F of this title [Parts A, B, E, and F of this subchapter], section 702 [set out as a note under section 321 of this title], this section, and sections 705 through 709 [sections 901 to 904 of this title and note set out below], shall become effective upon enactment [Oct. 27, 1970].
“(c) Sections 305 (relating to labels and labeling) [section 825 of this title], and 306 (relating to manufacturing quotas) [section 826 of this title] shall become effective on the date specified in subsection (a) of this section, except that the Attorney General may by order published in the Federal Register postpone the effective date of either or both of these sections for such period as he may determine to be necessary for the efficient administration of this title [see Short Title note below].”
heading: Short Title of 2022 Amendment
text: Pub. L. 117–215, § 1(a), Dec. 2, 2022, 136 Stat. 2257, provided that: “This Act [amending sections 802, 822, 823, 824, 827, 829a, 831, 841, 843, 882, and 958 of this title and sections 290bb–36d, 290dd–3, 1395l, 1395m, 1395cc–6, and 1396b of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under this section, section 823 of this title, and sections 241 and 284 of Title 42] may be cited as the ‘Medical Marijuana and Cannabidiol Research Expansion Act’.”
heading: Short Title of 2021 Amendment
text: Pub. L. 117–53, § 1, Nov. 10, 2021, 135 Stat. 411, provided that: “This Act [amending section 822 of this title] may be cited as the ‘Ensuring Compliance Against Drug Diversion Act of 2021’.”
Pub. L. 117–36, § 1, Aug. 6, 2021, 135 Stat. 328, provided that: “This Act [amending section 824 of this title] may be cited as the ‘Debarment Enforcement of Bad Actor Registrants Act of 2021’ or the ‘DEBAR Act of 2021’.”
heading: Short Title of 2018 Amendment
text: Pub. L. 115–271, title III, § 3211, Oct. 24, 2018, 132 Stat. 3947, provided that: “This chapter [chapter 2 (§§ 3211, 3212) of subtitle B of title III of Pub. L. 115–271, enacting provisions set out as a note under section 829 of this title] may be cited as the ‘Empowering Pharmacists in the Fight Against Opioid Abuse Act’.”
Pub. L. 115–271, title III, § 3221, Oct. 24, 2018, 132 Stat. 3947, provided that: “This chapter [chapter 3 (§§ 3221–3223) of subtitle B of title III of Pub. L. 115–271, amending section 822 of this title and enacting provisions set out as notes under section 822 of this title] may be cited as the ‘Safe Disposal of Unused Medication Act’.”
Pub. L. 115–271, title III, § 3231, Oct. 24, 2018, 132 Stat. 3949, provided that: “This chapter [chapter 4 (§§ 3231, 3232) of subtitle B of title III of Pub. L. 115–271, amending section 831 of this title] may be cited as the ‘Special Registration for Telemedicine Clarification Act of 2018’.”
Pub. L. 115–271, title III, § 3271, Oct. 24, 2018, 132 Stat. 3952, provided that: “This chapter [chapter 7 (§§ 3271–3274) of subtitle B of title III of Pub. L. 115–271, amending sections 827, 842, and 873 of this title and enacting provisions set out as a note under section 827 of this title] may be cited as the ‘Using Data To Prevent Opioid Diversion Act of 2018’.”
Pub. L. 115–271, title III, § 3281, Oct. 24, 2018, 132 Stat. 3954, provided that: “This chapter [chapter 8 (§§ 3281, 3282) of subtitle B of title III of Pub. L. 115–271, amending section 826 of this title and enacting provisions set out as a note under section 826 of this title] may be cited as the ‘Opioid Quota Reform Act’.”
Pub. L. 115–271, title III, § 3291, Oct. 24, 2018, 132 Stat. 3956, provided that: “This chapter [chapter 9 (§§ 3291, 3292) of subtitle B of title III of Pub. L. 115–271, enacting section 832 of this title and amending section 802 of this title] may be cited as the ‘Preventing Drug Diversion Act of 2018’.”
heading: Short Title of 2017 Amendment
text: Pub. L. 115–83, § 1, Nov. 17, 2017, 131 Stat. 1267, provided that: “This Act [amending section 823 of this title] may be cited as the ‘Protecting Patient Access to Emergency Medications Act of 2017’.”
heading: Short Title of 2016 Amendment
text: Pub. L. 114–145, § 1, Apr. 19, 2016, 130 Stat. 354, provided that: “This Act [amending sections 823 and 824 of this title] may be cited as the ‘Ensuring Patient Access and Effective Drug Enforcement Act of 2016’.”
heading: Short Title of 2014 Amendment
text: Pub. L. 113–260, § 1, Dec. 18, 2014, 128 Stat. 2929, provided that: “This Act [amending sections 802, 811, 825, 842, and 960 of this title and enacting provisions set out as a note under section 825 of this title] may be cited as the ‘Designer Anabolic Steroid Control Act of 2014’.”
Pub. L. 113–143, § 1, Aug. 1, 2014, 128 Stat. 1750, provided that: “This Act [amending section 822 of this title] may be cited as the ‘Veterinary Medicine Mobility Act of 2014’.”
heading: Short Title of 2012 Amendment
text: Pub. L. 112–144, title XI, § 1151, July 9, 2012, 126 Stat. 1130, provided that: “This subtitle [subtitle D (§§ 1151–1153) of title XI of Pub. L. 112–144, amending sections 811 and 812 of this title] may be cited as the ‘Synthetic Drug Abuse Prevention Act of 2012’.”
heading: Short Title of 2010 Amendment
text: Pub. L. 111–273, § 1, Oct. 12, 2010, 124 Stat. 2858, provided that: “This Act [amending sections 822 and 828 of this title and enacting provisions set out as a note under section 822 of this title and listed in a table relating to sentencing guidelines set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Secure and Responsible Drug Disposal Act of 2010’.”
Pub. L. 111–268, § 1, Oct. 12, 2010, 124 Stat. 2847, provided that: “This Act [amending sections 830 and 842 of this title and enacting provisions set out as notes under section 830 of this title] may be cited as the ‘Combat Methamphetamine Enhancement Act of 2010’.”
Pub. L. 111–220, § 1, Aug. 3, 2010, 124 Stat. 2372, provided that: “This Act [amending sections 841, 844, and 960 of this title and enacting provisions listed in a table relating to sentencing guidelines set out under section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Fair Sentencing Act of 2010’.”
heading: Short Title of 2008 Amendment
text: Pub. L. 110–425, § 1, Oct. 15, 2008, 122 Stat. 4820, provided that: “This Act [enacting section 831 of this title, amending sections 802, 823, 827, 829, 841, 843, 882, and 960 of this title, and enacting provisions set out as notes under section 802 of this title and listed in a table relating to sentencing guidelines set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Ryan Haight Online Pharmacy Consumer Protection Act of 2008’.”
Pub. L. 110–415, § 1, Oct. 14, 2008, 122 Stat. 4349, provided that: “This Act [amending section 830 of this title] may be cited as the ‘Methamphetamine Production Prevention Act of 2008’.”
heading: Short Title of 2006 Amendment
text: Pub. L. 109–177, title VII, § 701, Mar. 9, 2006, 120 Stat. 256, provided that: “This title [see Tables for classification] may be cited as the ‘Combat Methamphetamine Epidemic Act of 2005’.”
heading: Short Title of 2005 Amendment
text: Pub. L. 109–57, § 1(a), Aug. 2, 2005, 119 Stat. 592, provided that: “This Act [amending section 953 of this title] may be cited as the ‘Controlled Substances Export Reform Act of 2005’.”
heading: Short Title of 2004 Amendment
text: Pub. L. 108–358, § 1, Oct. 22, 2004, 118 Stat. 1661, provided that: “This Act [enacting section 290bb–25f of Title 42, The Public Health and Welfare, amending sections 802 and 811 of this title, enacting provisions set out as notes under section 802 of this title and section 290aa–4 of Title 42 and listed in a table relating to sentencing guidelines set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure, and amending provisions set out as a note under section 802 of this title] may be cited as the ‘Anabolic Steroid Control Act of 2004’.”
heading: Short Title of 2003 Amendment
text: Pub. L. 108–21, title VI, § 608(a), Apr. 30, 2003, 117 Stat. 691, provided that: “This section [amending sections 843 and 856 of this title and enacting provisions listed in a table relating to sentencing guidelines set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Illicit Drug Anti-Proliferation Act of 2003’.”
heading: Short Title of 2000 Amendments
text: Pub. L. 106–310, div. B, title XXXV, § 3501, Oct. 17, 2000, 114 Stat. 1222, provided that: “This title [amending sections 823 and 824 of this title] may be cited as the ‘Drug Addiction Treatment Act of 2000’.”
Pub. L. 106–310, div. B, title XXXVI, § 3601, Oct. 17, 2000, 114 Stat. 1227, provided that: “This title [enacting section 864 of this title and sections 290aa–5b and 290bb–9 of Title 42, The Public Health and Welfare, amending sections 802, 830, 853, 856, and 863 of this title, sections 3663 and 3663A of Title 18, Crimes and Criminal Procedure, section 524 of Title 28, Judiciary and Judicial Procedure, and sections 285o–2 and 3751 of Title 42, and enacting provisions set out as notes under this section and sections 802, 872, 873, 886, and 1706 of this title, sections 524 and 994 of Title 28, and sections 201, 290aa–4, 290aa–5b and 3751 of Title 42] may be cited as the ‘Methamphetamine Anti-Proliferation Act of 2000’.”
Pub. L. 106–172, § 1, Feb. 18, 2000, 114 Stat. 7, provided that: “This Act [amending sections 802, 827, 841 and 960 of this title and enacting provisions set out as notes under this section and section 812 of this title] may be cited as the ‘Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000’.”
heading: Short Title of 1998 Amendment
text: Pub. L. 105–277, div. C, title VIII, § 801(a), Oct. 21, 1998, 112 Stat. 2681–693, provided that: “This title [enacting section 1713 of this title and section 2291–5 of Title 22, Foreign Relations and Intercourse, amending section 956 of this title, and enacting provisions set out as notes under sections 801 and 956 of this title and section 2291 of Title 22] may be cited as the ‘Western Hemisphere Drug Elimination Act’.”
Pub. L. 105–277, div. C, title VIII, subtitle G (§§ 871, 872), § 871, Oct. 21, 1998, 112 Stat. 2681–707, and Pub. L. 105–357, § 1, Nov. 10, 1998, 112 Stat. 3271, provided that such subtitle and such Act, which amended section 956 of this title and enacted provisions set out as notes under section 956 of this title “may be cited as the ‘Controlled Substances Trafficking Prohibition Act’.”
Pub. L. 105–277, div. E, § 1, Oct. 21, 1998, 112 Stat. 2681–759, provided that: “This division [amending sections 841 and 960 of this title and section 13705 of Title 42, The Public Health and Welfare] may be cited as the ‘Methamphetamine Trafficking Penalty Enhancement Act of 1998’.”
heading: Short Title of 1996 Amendments
text: Pub. L. 104–305, § 1, Oct. 13, 1996, 110 Stat. 3807, provided that: “This Act [amending sections 841, 844, 959, and 960 of this title and enacting provisions set out as notes under section 872 of this title and section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Drug-Induced Rape Prevention and Punishment Act of 1996’.”
Pub. L. 104–237, § 1(a), Oct. 3, 1996, 110 Stat. 3099, provided that: “This Act [enacting section 872a of this title, amending sections 802, 814, 830, 841 to 844, 853, 881, 959, and 960 of this title and section 1607 of Title 19, Customs Duties, and enacting provisions set out as notes under this section and sections 802, 872, and 971 of this title, section 994 of Title 28, Judiciary and Judicial Procedure, and section 290aa–4 of Title 42, The Public Health and Welfare] may be cited as the ‘Comprehensive Methamphetamine Control Act of 1996’.”
heading: Short Title of 1994 Amendment
text: Pub. L. 103–322, title XVIII, § 180201(a), Sept. 13, 1994, 108 Stat. 2046, provided that: “This section [enacting section 849 of this title, amending section 841 of this title, and enacting provisions set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Drug Free Truck Stop Act’.”
heading: Short Title of 1993 Amendment
text: Pub. L. 103–200, § 1, Dec. 17, 1993, 107 Stat. 2333, provided that: “This Act [enacting section 814 of this title, amending sections 802, 821 to 824, 830, 843, 880, 957, 958, 960, and 971 of this title, and enacting provisions set out as a note under section 802 of this title] may be cited as the ‘Domestic Chemical Diversion Control Act of 1993’.”
heading: Short Title of 1990 Amendment
text: Pub. L. 101–647, title XIX, § 1901, Nov. 29, 1990, 104 Stat. 4851, provided that: “This Act [probably means title XIX of Pub. L. 101–647, which amended sections 333, 802, 812, and 844 of this title and section 290aa–6 of Title 42, The Public Health and Welfare, repealed section 333a of this title, and enacted provisions set out as notes under sections 802 and 829 of this title] may be cited as the ‘Anabolic Steroids Control Act of 1990’.”
heading: Short Title of 1988 Amendment
text: Pub. L. 100–690, title VI, § 6001, Nov. 18, 1988, 102 Stat. 4312, provided that: “This title [see Tables for classification] may be cited as the ‘Anti-Drug Abuse Amendments Act of 1988’.”
Pub. L. 100–690, title VI, § 6051, Nov. 18, 1988, 102 Stat. 4312, provided that: “This subtitle [subtitle A (§§ 6051–6061) of title VI of Pub. L. 100–690, enacting section 971 of this title, amending sections 802, 830, 841 to 843, 872, 876, 881, 960, and 961 of this title, and enacting provisions set out as notes under sections 802 and 971 of this title] may be cited as the ‘Chemical Diversion and Trafficking Act of 1988’.”
Pub. L. 100–690, title VI, § 6071, Nov. 18, 1988, 102 Stat. 4320, provided that: “This subtitle [subtitle B (§§ 6071–6080) of title VI of Pub. L. 100–690, enacting sections 881–1, 887, and 1509 of this title, amending section 881 of this title, section 1594 of Title 19, Customs Duties, section 524 of Title 28, Judiciary and Judicial Procedure, and section 782 of former Title 49, Transportation, and enacting provisions set out as notes under section 881 of this title] may be cited as the ‘Asset Forfeiture Amendments Act of 1988’.”
heading: Short Title of 1986 Amendment
text: Pub. L. 99–570, § 1, Oct. 27, 1986, 100 Stat. 3207, provided that: “This Act [see Tables for classification] may be cited as the ‘Anti-Drug Abuse Act of 1986’.”
Pub. L. 99–570, title I, § 1001, Oct. 27, 1986, 100 Stat. 3207–2, provided that: “This subtitle [subtitle A (§§ 1001–1009) of title I of Pub. L. 99–570, amending sections 802, 841, 845, 845a, 848, 881, 960, and 962 of this title, sections 3553 and 3583 of Title 18, Crimes and Criminal Procedure, rule 35 of the Federal Rules of Criminal Procedure, Title 18, Appendix, and section 994 of Title 28, Judiciary and Judicial Procedure, and enacting provisions set out as notes under section 841 of this title, sections 3553 and 3583 of Title 18, and rule 35 of the Federal Rules of Criminal Procedure] may be cited as the ‘Narcotics Penalties and Enforcement Act of 1986’.”
Pub. L. 99–570, title I, § 1051, Oct. 27, 1986, 100 Stat. 3207–8, provided that: “This subtitle [subtitle B (§§ 1051, 1052) of title I of Pub. L. 99–570, amending section 844 of this title] may be cited as the ‘Drug Possession Penalty Act of 1986’.”
Pub. L. 99–570, title I, § 1101, Oct. 27, 1986, 100 Stat. 3207–10, provided that: “This subtitle [subtitle C (§§ 1101–1105) of title I of Pub. L. 99–570, enacting section 845b of this title and amending sections 841, 845, and 845a of this title] may be cited as the ‘Juvenile Drug Trafficking Act of 1986’.”
Pub. L. 99–570, title I, § 1201, Oct. 27, 1986, 100 Stat. 3207–13, provided that: “This subtitle [subtitle E (§§ 1201–1204) of title I of Pub. L. 99–570, enacting section 813 of this title and amending section 802 of this title] may be cited as the ‘Controlled Substance Analogue Enforcement Act of 1986’.”
Pub. L. 99–570, title I, § 1251, Oct. 27, 1986, 100 Stat. 3207–14, provided that: “This subtitle [subtitle F (§§ 1251–1253) of title I of Pub. L. 99–570, amending section 848 of this title] may be cited as the ‘Continuing Drug Enterprises Act of 1986’.”
Pub. L. 99–570, title I, § 1301, Oct. 27, 1986, 100 Stat. 3207–15, provided that: “This subtitle [subtitle G (§§ 1301, 1302) of title I of Pub. L. 99–570, amending section 960 of this title] may be cited as the ‘Controlled Substances Import and Export Penalties Enhancement Act of 1986’.”
Pub. L. 99–570, title I, § 1821, Oct. 27, 1986, 100 Stat. 3207–51, which provided that subtitle O (§§ 1821–1823) of title I of Pub. L. 99–570, enacting section 857 of this title and provisions set out as a note under section 857 of this title, was to be cited as the “Mail Order Drug Paraphernalia Control Act”, was repealed by Pub. L. 101–647, title XXIV, § 2401(d), Nov. 29, 1990, 104 Stat. 4859.
Pub. L. 99–570, title I, § 1991, Oct. 27, 1986, 100 Stat. 3207–59, provided that: “This subtitle [subtitle U (§§ 1991, 1992) of title I of Pub. L. 99–570, amending section 881 of this title] may be cited as the ‘Federal Drug Law Enforcement Agent Protection Act of 1986’.”
heading: Short Title of 1984 Amendment
text: Pub. L. 98–473, title II, § 501, Oct. 12, 1984, 98 Stat. 2068, provided that: “This chapter [chapter V (§§ 501–525) of title II of Pub. L. 98–473, enacting section 845a of this title, amending sections 802, 811, 812, 822–824, 827, 841, 843, 845, 873, 881, 952, 953, 957, 958, 960, and 962 of this title, and enacting provisions set out as a note under this section] may be cited as the ‘Controlled Substances Penalties Amendments Act of 1984’.”
Pub. L. 98–473, title II, § 506(a), Oct. 12, 1984, 98 Stat. 2070, provided that: “This part [part B of chapter V (§§ 506–525) of title II of Pub. L. 98–473, amending sections 802, 811, 812, 822–824, 827, 843, 873, 881, 952, 953, 957, and 958 of this title] may be cited as the ‘Dangerous Drug Diversion Control Act of 1984’.”
heading: Short Title of 1978 Amendment
text: Pub. L. 95–633, § 1, Nov. 10, 1978, 92 Stat. 3768, provided: “That this Act [enacting sections 801a, 830, and 852 of this title, amending sections 352, 802, 811, 812, 823, 827, 841 to 843, 872, 881, 952, 953, and 965 of this title and section 242a of Title 42, The Public Health and Welfare, repealing section 830 of this title (effective Jan. 1, 1981), and enacting provisions set out as notes under sections 801a, 812, and 830 of this title] may be cited as the ‘Psychotropic Substances Act of 1978’.”
heading: Short Title of 1974 Amendment
text: Pub. L. 93–281, § 1, May 14, 1974, 88 Stat. 124, provided: “That this Act [amending sections 802, 823, 824, and 827 of this title] may be cited as the ‘Narcotic Addict Treatment Act of 1974’.”
heading: Short Title
text: Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1236, provided: “That this Act [enacting this chapter and sections 257a, 2688l–1, 2688n–1, and 3509 of Title 42, The Public Health and Welfare, amending sections 162, 198a, 321, 331, 333, 334, 360, 372, and 381 of this title, sections 1114, 1952, and 4251 of Title 18, Crimes and Criminal Procedure, sections 1584, 2078, 2079, and 2080 of Title 19, Customs Duties, sections 4901, 4905, 6808, 7012, 7103, 7326, 7607, 7609, 7641, 7651, and 7655 of Title 26, Internal Revenue Code, section 2901 of Title 28, Judiciary and Judicial Procedure, section 304m of former Title 40, Public Buildings, Property, and Works, sections 201, 225a, 242, 242a, 246, 257, 258, 259, 260, 261, 261a, 2688k, 2688l, 2688m, 2688n, 2688o, 2688r, and 3411 of Title 42, The Public Health and Welfare, section 239a of former Title 46, Shipping, and section 787 of Title 49, Appendix, Transportation, repealing sections 171 to 174, 176 to 185, 188 to 188n, 191 to 193, 197, 198, 199, 360a, and 501 to 517 of this title, sections 1401 to 1407 and 3616 of Title 18, sections 4701 to 4707, 4711 to 4716, 4721 to 4726, 4731 to 4736, 4741 to 4746, 4751 to 4757, 4761, 4762, 4771 to 4776, 7237, 7238, and 7491 of Title 26, sections 529a and 529g of former Title 31, Money and Finance, and section 1421m of Title 48, Territories and Insular Possessions, and enacting provisions set out as notes under this section and sections 171, 321, 822, 951, and 957 of this title] may be cited as the ‘Comprehensive Drug Abuse Prevention and Control Act of 1970’.”
Pub. L. 91–513, title II, § 100, Oct. 27, 1970, 84 Stat. 1242, provided that: “This title [enacting this subchapter, repealing section 360a of this title, amending sections 321, 331, 333, 334, 360, 372, and 381 of this title, sections 1114 and 1952 of Title 18, Crimes and Criminal Procedure, and section 242 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under this section and sections 321 and 822 of this title] may be cited as the ‘Controlled Substances Act’.”
For short title and complete classification of title III of Pub. L. 91–513, which enacted subchapter II of this chapter, as the “Controlled Substances Import and Export Act”, see section 1000 of Pub. L. 91–513, set out as a note under section 951 of this title.
heading: Severability
text: Pub. L. 106–310, div. B, title XXXVI, § 3673, Oct. 17, 2000, 114 Stat. 1246, provided that: “Any provision of this title [see Short Title of 2000 Amendments note above] held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed as to give the maximum effect permitted by law, unless such provision is held to be utterly invalid or unenforceable, in which event such provision shall be severed from this title and shall not affect the applicability of the remainder of this title, or of such provision, to other persons not similarly situated or to other, dissimilar circumstances.”
heading: Continuation of Orders, Rules, and Regulations
text: Pub. L. 91–513, title II, § 705, Oct. 27, 1970, 84 Stat. 1284, provided that: “Any orders, rules, and regulations which have been promulgated under any law affected by this title [see Short Title note above] and which are in effect on the day preceding enactment of this title [Oct. 27, 1970] shall continue in effect until modified, superseded, or repealed.”
heading: Doctor-Patient Relationship
text: Pub. L. 117–215, title III, § 301, Dec. 2, 2022, 136 Stat. 2265, provided that:
“It shall not be a violation of the Controlled Substances Act (21 U.S.C. 801 et seq.) for a State-licensed physician to discuss—
“(1) the currently known potential harms and benefits of marijuana derivatives, including cannabidiol, as a treatment with the legal guardian of the patient of the physician if the patient is a child; or
“(2) the currently known potential harms and benefits of marijuana and marijuana derivatives, including cannabidiol, as a treatment with the patient or the legal guardian of the patient of the physician if the patient is a legal adult.”
[For definitions of “State”, “marijuana”, and “cannabidiol” as used in section 301 of Pub. L. 117–215, set out above, see section 2(a) of Pub. L. 117–215, set out below.]
heading: Anti-Drug Messages on Federal Government Internet Sites
text: Pub. L. 106–391, title III, § 320, Oct. 30, 2000, 114 Stat. 1597, provided that: “Not later than 90 days after the date of the enactment of this Act [Oct. 30, 2000], the Administrator [of the National Aeronautics and Space Administration], in consultation with the Director of the Office of National Drug Control Policy, shall place anti-drug messages on Internet sites controlled by the National Aeronautics and Space Administration.”
Pub. L. 106–310, div. B, title XXXVI, § 3671, Oct. 17, 2000, 114 Stat. 1245, provided that: “Not later than 90 days after the date of the enactment of this Act [Oct. 17, 2000], the head of each department, agency, and establishment of the Federal Government shall, in consultation with the Director of the Office of National Drug Control Policy, place antidrug messages on appropriate Internet websites controlled by such department, agency, or establishment which messages shall, where appropriate, contain an electronic hyperlink to the Internet website, if any, of the Office.”
heading: Protocols for Investigations and Prosecutions Relating to Date-Rape Drugs and Other Controlled Substances; Annual Report; National Awareness Campaign
text: Pub. L. 106–172, §§ 6, 7, Feb. 18, 2000, 114 Stat. 11, as amended by Pub. L. 111–8, div. G, title I, § 1301(d), Mar. 11, 2009, 123 Stat. 829, provided that:
“SEC. 6. DEVELOPMENT OF MODEL PROTOCOLS, TRAINING MATERIALS, FORENSIC FIELD TESTS, AND COORDINATION MECHANISM FOR INVESTIGATIONS AND PROSECUTIONS RELATING TO GAMMA HYDROXYBUTYRIC ACID, OTHER CONTROLLED SUBSTANCES, AND DESIGNER DRUGS.
“(a) In General.—
The Attorney General, in consultation with the Administrator of the Drug Enforcement Administration and the Director of the Federal Bureau of Investigation, shall—
“(1) develop—
“(A) model protocols for the collection of toxicology specimens and the taking of victim statements in connection with investigations into and prosecutions related to possible violations of the Controlled Substances Act [21 U.S.C. 801 et seq.] or other Federal or State laws that result in or contribute to rape, other crimes of violence, or other crimes involving abuse of gamma hydroxybutyric acid, other controlled substances, or so-called ‘designer drugs’; and
“(B) model training materials for law enforcement personnel involved in such investigations; and
“(2) make such protocols and training materials available to Federal, State, and local personnel responsible for such investigations.
“(b) Grant.—
“(1) In general.—
The Attorney General shall make a grant, in such amount and to such public or private person or entity as the Attorney General considers appropriate, for the development of forensic field tests to assist law enforcement officials in detecting the presence of gamma hydroxybutyric acid and related substances.
“(2) Authorization of appropriations.—
There are authorized to be appropriated such sums as may be necessary to carry out this subsection.
“(c) Report.—
Not later than 180 days after the date of the enactment of this Act [Feb. 18, 2000], the Attorney General shall submit to the Committees on the Judiciary of the Senate and House of Representatives a report on current mechanisms for coordinating Federal, State, and local investigations into and prosecutions related to possible violations of the Controlled Substances Act [21 U.S.C. 801 et seq.] or other Federal or State laws that result in or contribute to rape, other crimes of violence, or other crimes involving the abuse of gamma hydroxybutyric acid, other controlled substances, or so-called ‘designer drugs’. The report shall also include recommendations for the improvement of such mechanisms.
“SEC. 7. ANNUAL REPORT REGARDING DATE-RAPE DRUGS; NATIONAL AWARENESS CAMPAIGN.
“(a) Annual Report.—
The Secretary of Health and Human Services (in this section referred to as the ‘Secretary’) shall periodically submit to Congress reports each of which provides an estimate of the number of incidents of the abuse of date-rape drugs (as defined in subsection (c)) that occurred during the most recent 1-year period for which data are available. The first such report shall be submitted not later than January 15, 2000, and subsequent reports shall be submitted annually thereafter.
“(b) National Awareness Campaign.—
“(1) Development of plan; recommendations of advisory committee.—
“(A) In general.—
The Secretary, in consultation with the Attorney General, shall develop a plan for carrying out a national campaign to educate individuals described in subparagraph (B) on the following:
“(i) The dangers of date-rape drugs.
“(ii) The applicability of the Controlled Substances Act [21 U.S.C. 801 et seq.] to such drugs, including penalties under such Act.
“(iii) Recognizing the symptoms that indicate an individual may be a victim of such drugs, including symptoms with respect to sexual assault.
“(iv) Appropriately responding when an individual has such symptoms.
“(B) Intended population.—
The individuals referred to in subparagraph (A) are young adults, youths, law enforcement personnel, educators, school nurses, counselors of rape victims, and emergency room personnel in hospitals.
“(C) Advisory committee.—
Not later than 180 days after the date of the enactment of this Act [Feb. 18, 2000], the Secretary shall establish an advisory committee to make recommendations to the Secretary regarding the plan under subparagraph (A). The committee shall be composed of individuals who collectively possess expertise on the effects of date-rape drugs and on detecting and controlling the drugs.
“(2) Implementation of plan.—
Not later than 180 days after the date on which the advisory committee under paragraph (1) is established, the Secretary, in consultation with the Attorney General, shall commence carrying out the national campaign under such paragraph in accordance with the plan developed under such paragraph. The campaign may be carried out directly by the Secretary and through grants and contracts.
“(c) Definition.—
For purposes of this section, the term ‘date-rape drugs’ means gamma hydroxybutyric acid and its salts, isomers, and salts of isomers and such other drugs or substances as the Secretary, after consultation with the Attorney General, determines to be appropriate.”
heading: Congressional Findings Regarding Methamphetamine Manufacture and Abuse
text: Pub. L. 104–237, § 2, Oct. 3, 1996, 110 Stat. 3100, provided that:
“The Congress finds the following:
“(1) Methamphetamine is a very dangerous and harmful drug. It is highly addictive and is associated with permanent brain damage in long-term users.
“(2) The abuse of methamphetamine has increased dramatically since 1990. This increased use has led to devastating effects on individuals and the community, including—
“(A) a dramatic increase in deaths associated with methamphetamine ingestion;
“(B) an increase in the number of violent crimes associated with methamphetamine ingestion; and
“(C) an increase in criminal activity associated with the illegal importation of methamphetamine and precursor compounds to support the growing appetite for this drug in the United States.
“(3) Illegal methamphetamine manufacture and abuse presents an imminent public health threat that warrants aggressive law enforcement action, increased research on methamphetamine and other substance abuse, increased coordinated efforts to prevent methamphetamine abuse, and increased monitoring of the public health threat methamphetamine presents to the communities of the United States.”
heading: Support for International Efforts To Control Methamphetamine and Precursors
text: Pub. L. 104–237, title I, § 101, Oct. 3, 1996, 110 Stat. 3100, provided that: “The Attorney General, in consultation with the Secretary of State, shall coordinate international drug enforcement efforts to decrease the movement of methamphetamine and methamphetamine precursors into the United States.”
heading: Interagency Methamphetamine Task Force
text: Pub. L. 104–237, title V, § 501, Oct. 3, 1996, 110 Stat. 3111, provided for the establishment of a Methamphetamine Interagency Task Force to design and implement education, prevention, and treatment strategies with respect to methamphetamine and other synthetic stimulants and for the task force to terminate 4 years after Oct. 3, 1996.
heading: Suspicious Orders Task Force
text: Pub. L. 104–237, title V, § 504, Oct. 3, 1996, 110 Stat. 3112, directed the Attorney General to establish a Suspicious Orders Task Force which would develop proposals to define suspicious orders of listed chemicals for registrants to use in determining if an order was a suspicious order that must be reported to DEA and would terminate upon presentation of its report to the Attorney General, or two years after Oct. 3, 1996, whichever was sooner.
heading: Joint Federal Task Force on Illegal Drug Laboratories
text: Pub. L. 100–690, title II, § 2405, Nov. 18, 1988, 102 Stat. 4231, provided that:
“(a) Establishment of Task Force.—
There is established the Joint Federal Task Force on Illegal Drug Laboratories (hereafter in this section referred to as the ‘Task Force’).
“(b) Appointment and Membership of Task Force.—
The members of the Task Force shall be appointed by the Administrators of the Environmental Protection Agency and the Drug Enforcement Administration (hereafter in this section referred to as the ‘Administrators’). The Task Force shall consist of at least 6 and not more than 20 members. Each Administrator shall appoint one-half of the members as follows: (1) the Administrator of the Environmental Protection Agency shall appoint members from among Emergency Response Technicians and other appropriate employees of the Agency; and (2) the Administrator of the Drug Enforcement Administration shall appoint members from among Special Agents assigned to field divisions and other appropriate employees of the Administration.
“(c) Duties of Task Force.—
The Task Force shall formulate, establish, and implement a program for the cleanup and disposal of hazardous waste produced by illegal drug laboratories. In formulating such program, the Task Force shall consider the following factors:
“(1) The volume of hazardous waste produced by illegal drug laboratories.
“(2) The cost of cleaning up and disposing of hazardous waste produced by illegal drug laboratories.
“(3) The effectiveness of the various methods of cleaning up and disposing of hazardous waste produced by illegal drug laboratories.
“(4) The coordination of the efforts of the Environmental Protection Agency and the Drug Enforcement Administration in cleaning up and disposing of hazardous waste produced by illegal drug laboratories.
“(5) The dissemination of information to law enforcement agencies that have responsibility for enforcement of drug laws.
“(d) Guidelines.—
The Task Force shall recommend to the Administrators guidelines for cleanup of illegal drug laboratories to protect the public health and environment. Not later than 180 days after the date of the enactment of this subtitle [Nov. 18, 1988], the Administrators shall formulate and publish such guidelines.
“(e) Demonstration Projects.—
“(1) The Attorney General shall make grants to, and enter into contracts with, State and local governments for demonstration projects to clean up and safely dispose of substances associated with illegal drug laboratories which may present a danger to public health or the environment.
“(2) The Attorney General may not under this subsection make a grant or enter into a contract unless the applicant for such assistance agrees to comply with the guidelines issued pursuant to subsection (d).
“(3) The Attorney General shall, through grant or contract, provide for independent evaluations of the activities carried out pursuant to this subsection and shall recommend appropriate legislation to the Congress.
“(f) Funding.—
Of the amounts made available to carry out the Controlled Substances Act [21 U.S.C. 801 et seq.] for fiscal year 1989, not less than $5,000,000 shall be made available to carry out subsections (d) and (e).
“(g) Reports.—
After consultation with the Task Force, the Administrators shall—
“(1) transmit to the President and to each House of Congress not later than 270 days after the date of the enactment of this subtitle [Nov. 18, 1988] a report describing the program established by the Task Force under subsection (c) (including an analysis of the factors specified in paragraphs (1) through (5) of that subsection);
“(2) periodically transmit to the President and to each House of Congress reports describing the implementation of the program established by the Task Force under subsection (c) (including an analysis of the factors specified in paragraphs (1) through (5) of that subsection) and the progress made in the cleanup and disposal of hazardous waste produced by illegal drug laboratories; and
“(3) transmit to each House of Congress a report describing the findings made as a result of the evaluations referred to in subsection (e)(3).”
heading: Great Lakes Drug Interdiction
text: Pub. L. 100–690, title VII, § 7404, Nov. 18, 1988, 102 Stat. 4484, provided that:
“(a) Interagency Agreement.—
The Secretary of Transportation and the Secretary of the Treasury shall enter into an agreement for the purpose of increasing the effectiveness of maritime drug interdiction activities of the Coast Guard and the Customs Service in the Great Lakes area.
“(b) Negotiations With Canada on Drug Enforcement Cooperation.—
The Secretary of State is encouraged to enter into negotiations with appropriate officials of the Government of Canada for the purpose of establishing an agreement between the United States and Canada which provides for increased cooperation and sharing of information between United States and Canadian law enforcement officials with respect to law enforcement efforts conducted on the Great Lakes between the United States and Canada.”
[For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.]
[For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.]
heading: GAO Study of Capabilities of United States To Control Drug Smuggling Into United States
text: Pub. L. 100–180, div. A, title XII, § 1241, Dec. 4, 1987, 101 Stat. 1162, directed Comptroller General of the United States to conduct a comprehensive study regarding smuggling of illegal drugs into United States and current capabilities of United States to deter such smuggling, with special consideration given to issues involving use of military and National Guard units along with Customs Service in cooperative drug smuggling interdiction efforts, and to issue, not later than Apr. 30, 1988, and Mar. 31, 1989, reports to Congress outlining results of this study.
heading: Compliance With Budget Act
text: Pub. L. 99–570, § 3, Oct. 27, 1986, 100 Stat. 3207–1, provided that: “Notwithstanding any other provision of this Act [see Tables for classification], any spending authority and any credit authority provided under this Act shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts. For purposes of this Act, the term ‘spending authority’ has the meaning provided in section 401(c)(2) of the Congressional Budget Act of 1974 [2 U.S.C. 651(c)(2)] and the term ‘credit authority’ has the meaning provided in section 3(10) of the Congresssional [sic] Budget Act of 1974 [2 U.S.C. 622(10)].”
heading: Drug Interdiction
text: Pub. L. 99–570, title III, §§ 3001–3003, 3301, Oct. 27, 1986, 100 Stat. 3207–73, 3207–74, 3207–98, as amended by Pub. L. 104–66, title I, § 1091(a), Dec. 21, 1995, 109 Stat. 722, provided that:
“SEC. 3001. SHORT TITLE.
“This title [enacting section 379 of Title 10, Armed Forces, sections 1590, 1628, 1629, and 2081 of Title 19, Customs Duties, and section 312a of Title 47, Telecommunications, amending section 959 of this title, sections 374 and 911 of Title 10, sections 507, 1401, 1433, 1436, 1454, 1459, 1497, 1509, 1584 to 1586, 1594 to 1595a, 1613, 1613b, 1619, and 1622 of Title 19, section 5316 of Title 31, Money and Finance, section 12109 of Title 46, Shipping, sections 1901 to 1904 of Title 46, Appendix, Shipping, and sections 1401, 1472, 1474, and 1509 of former Title 49, Transportation, repealing section 1460 of Title 19, enacting provisions set out as notes under section 801 of this title, sections 371, 374, 525, and 9441 of Title 10, sections 1613b and 1654 of Title 19, section 403 of Title 23, Highways, section 1901 of Title 46, Appendix, section 11344 of Title 49, and section 1509 of former Title 49, and repealing provisions set out as a note under section 89 of Title 14, Coast Guard] may be cited as the ‘National Drug Interdiction Improvement Act of 1986’.
“SEC. 3002. FINDINGS.
“The Congress hereby finds that—
“(1) a balanced, coordinated, multifaceted strategy for combating the growing drug abuse and drug trafficking problem in the United States is essential in order to stop the flow and abuse of drugs within our borders;
“(2) a balanced, coordinated, multifaceted strategy for combating the narcotics drug abuse and trafficking in the United States should include—
“(A) increased investigations of large networks of drug smuggler organizations;
“(B) source country drug eradication;
“(C) increased emphasis on stopping narcotics traffickers in countries through which drugs are transshipped;
“(D) increased emphasis on drug education programs in the schools and workplace;
“(E) increased Federal Government assistance to State and local agencies, civic groups, school systems, and officials in their efforts to combat the drug abuse and trafficking problem at the local level; and
“(F) increased emphasis on the interdiction of drugs and drug smugglers at the borders of the United States, in the air, at sea, and on the land;
“(3) funds to support the interdiction of narcotics smugglers who threaten the transport of drugs through the air, on the sea, and across the land borders of the United States should be emphasized in the Federal Government budget process to the same extent as the other elements of a comprehensive antidrug effort are emphasized;
“(4) the Department of Defense and the use of its resources should be an integral part of a comprehensive, natonal [national] drug interdiction program;
“(5) the Federal Government civilian agencies engaged in drug interdiction, particularly the United States Customs Service and the Coast Guard, currently lack the aircraft, ships, radar, command, control, communications, and intelligence (C3I) system, and manpower resources necessary to mount a comprehensive attack on the narcotics traffickers who threaten the United States;
“(6) the civilian drug interdiction agencies of the United States are currently interdicting only a small percentage of the illegal, drug smuggler penetrations in the United States every year;
“(7) the budgets for our civilian drug interdiction agencies, primarily the United States Customs Service and the Coast Guard, have not kept pace with those of the traditional investigative law enforcement agencies of the Department of Justice; and
“(8) since the amendment of the Posse Comitatus Act (18 U.S.C. 1385) in 1981, the Department of Defense has assisted in the effort to interdict drugs, but they can do more.
“SEC. 3003. PURPOSES.
“It is the purpose of this title—
“(1) to increase the level of funding and resources available to civilian drug interdiction agencies of the Federal Government;
“(2) to increase the level of support from the Department of Defense as consistent with the Posse Comitatus Act [18 U.S.C. 1385], for interdiction of the narcotics traffickers before such traffickers penetrate the borders of the United States; and
“(3) to improve other drug interdiction programs of the Federal Government.
“SEC. 3301. ESTABLISHMENT OF A UNITED STATES-BAHAMAS DRUG INTERDICTION TASK FORCE
“(a) Authorization of Appropriations.—
“(1) Establishment of a united states-bahamas drug interdiction task force.—
(A) There is authorized to be established a United States-Bahamas Drug Interdiction Task Force to be operated jointly by the United States Government and the Government of the Bahamas.
“(B) The Secretary of State, the Commandant of the Coast Guard, the Commissioner of Customs, the Attorney General, and the head of the National Narcotics Border Interdiction System (NNBIS), shall upon enactment of this Act [Oct. 27, 1986], immediately commence negotiations with the Government of the Bahamas to enter into a detailed agreement for the establishment and operation of a new drug interdiction task force, including plans for (i) the joint operation and maintenance of any drug interdiction assets authorized for the task force in this section and section 3141 [see 19 U.S.C. 2075], and (ii) any training and personnel enhancements authorized in this section and section 3141.
“(2) Amounts authorized.—
There are authorized to be appropriated, in addition to any other amounts authorized to be appropriated in this title [see section 3001 of Pub. L. 99–570 set out above], $10,000,000 for the following:
“(A) $9,000,000 for 3 drug interdiction pursuit helicopters for use primarily for operations of the United States-Bahamas Drug Interdiction Task Force established under this section; and
“(B) $1,000,000 to enhance communications capabilities for the operation of a United States-­Bahamas Drug Interdiction Task Force established under this section.
“(3) Coast guard-bahamas drug interdiction docking facility.—
(A) There is authorized to be appropriated for acquisition, construction, and improvements for the Coast Guard for fiscal year 1987, $5,000,000, to be used for initial design engineering, and other activities for construction of a drug interdiction docking facility in the Bahamas to facilitate Coast Guard and Bahamian drug interdiction operations in and through the Bahama Islands. Of the amounts authorized to be appropriated in this subsection, such sums as may be necessary shall be available for necessary communication and air support.
“(B) The Commandant of the Coast Guard shall use such amounts appropriated pursuant to the authorization in this paragraph as may be necessary to establish a repair, maintenance, and boat lift facility to provide repair and maintenance services for both Coast Guard and Bahamian marine drug interdiction equipment, vessels, and related assets.
“(b) Concurrence by Secretary of State.—
Programs authorized by this section may be carried out only with the concurrence of the Secretary of State.”
heading: Information on Drug Abuse at the Workplace
text: Pub. L. 99–570, title IV, § 4303, Oct. 27, 1986, 100 Stat. 3207–154, directed Secretary of Labor to collect such information as is available on the incidence of drug abuse in the workplace and efforts to assist workers, including counseling, rehabilitation and employee assistance programs, to conduct such additional research as is necessary to assess the impact and extent of drug abuse and remediation efforts, and submit the findings of such collection and research to Congress no later than two years from Oct. 27, 1986.
heading: Interagency Coordination
text: Pub. L. 99–570, title IV, § 4304, Oct. 27, 1986, 100 Stat. 3207–154, provided that:
“(a) The Secretary of Education, the Secretary of Health and Human Services, and the Secretary of Labor shall each designate an officer or employee of the Departments of Education, Health and Human Services, and Labor, respectively, to coordinate interagency drug abuse prevention activities to prevent duplication of effort.
“(b) Within one year after enactment of this Act [Oct. 27, 1986], a report shall be jointly submitted to the Congress by such Secretaries concerning the extent to which States and localities have been able to implement non-duplicative drug abuse prevention activities.”
heading: Substance Abuse Coverage Study
text: Pub. L. 99–570, title VI, § 6005, Oct. 27, 1986, 100 Stat. 3207–160, as amended by Pub. L. 100–690, title II, § 2058(c), Nov. 18, 1988, 102 Stat. 4214, directed Secretary of Health and Human Services to contract with Institute of Medicine of National Academy of Sciences to conduct a study of extent to which cost of drug abuse treatment is covered by private insurance, public programs, and other sources of payment, and adequacy of such coverage for the rehabilitation of drug abusers, and not later than 18 months after execution of such contract to transmit to Congress a report of results of study, including recommendations of means to meet the needs identified in such study.
heading: Health Insurance Coverage for Drug and Alcohol Treatment
text: Pub. L. 99–570, title VI, § 6006, Oct. 27, 1986, 100 Stat. 3207–160, provided that:
“(a) Findings.—
The Congress finds that—
“(1) drug and alcohol abuse are problems of grave concern and consequence in American society;
“(2) over 500,000 individuals are known heroin addicts; 5 million individuals use cocaine; and at least 7 million individuals regularly use prescription drugs, mostly addictive ones, without medical supervision;
“(3) 10 million adults and 3 million children and adolescents abuse alcohol, and an additional 30 to 40 million people are adversely affected because of close family ties to alcoholics;
“(4) the total cost of drug abuse to the Nation in 1983 was over $60,000,000,000; and
“(5) the vast majority of health benefits plans provide only limited coverage for treatment of drug and alcohol addiction, which is a fact that can discourage the abuser from seeking treatment or, if the abuser does seek treatment, can cause the abuser to face significant out of pocket expenses for the treatment.
“(b) Sense of Congress.—
It is the sense of Congress that—
“(1) all employers providing health insurance policies should ensure that the policies provide adequate coverage for treatment of drug and alcohol addiction in recognition that the health consequences and costs for individuals and society can be as formidable as those resulting from other diseases and illnesses for which insurance coverage is much more adequate; and
“(2) State insurance commissioners should encourage employers providing health benefits plans to ensure that the policies provide more adequate coverage for treatment of drug and alcohol addiction.”
heading: Commission on Marihuana and Drug Abuse
text: Pub. L. 91–513, title II, § 601, Oct. 27, 1970, 84 Stat. 1280, as amended by Pub. L. 92–13, May 14, 1971, 85 Stat. 37, provided that:
“(a) [Establishment; composition] There is established a commission to be known as the Commission on Marihuana and Drug Abuse (hereafter in this section referred to as the ‘Commission’). The Commission shall be composed of—
“(1) two Members of the Senate appointed by the President of the Senate;
“(2) two Members of the House of Representatives appointed by the Speaker of the House of Representatives; and
“(3) nine members appointed by the President of the United States.
At no time shall more than one of the members appointed under paragraph (1), or more than one of the members appointed under paragraph (2), or more than five of the members appointed under paragraph (3) be members of the same political party.
“(b) [Chairman; Vice Chairman; compensation of members; meetings]
(1) The President shall designate one of the members of the Commission as Chairman and one as Vice Chairman. Seven members of the Commission shall constitute a quorum, but a lesser number may conduct hearings.
“(2) Members of the Commission who are Members of Congress or full-time officers or employees of the United States shall serve without additional compensation but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of the duties vested in the Commission. Members of the Commission from private life shall receive $100 per diem while engaged in the actual performance of the duties vested in the Commission, plus reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of such duties.
“(3) The Commission shall meet at the call of the Chairman or at the call of a majority of the members thereof.
“(c) [Personnel; experts; information from departments and agencies]
(1) The Commission shall have the power to appoint and fix the compensation of such personnel as it deems advisable, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates.
“(2) The Commission may procure, in accordance with the provisions of section 3109 of title 5, United States Code, the temporary or intermittent services of experts or consultants. Persons so employed shall receive compensation at a rate to be fixed by the Commission, but not in excess of $75 per diem, including traveltime. While away from his home or regular place of business in the performance of services for the Commission, any such person may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703(b) of title 5, United States Code, for persons in the Government service employed intermittently.
“(3) The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out its duties under this section. Upon request of the Chairman of the Commission, such department or agency shall furnish such information to the Commission.
“(d) [Marihuana study; report to the President and the Congress]
(1) The Commission shall conduct a study of marihuana including, but not limited to, the following areas:
“(A) the extent of use of marihuana in the United States to include its various sources of users, number of arrests, number of convictions, amount of marihuana seized, type of user, nature of use;
“(B) an evaluation of the efficacy of existing marihuana laws;
“(C) a study of the pharmacology of marihuana and its immediate and long-term effects, both physiological and psychological;
“(D) the relationship of marihuana use to aggressive behavior and crime;
“(E) the relationship between marihuana and the use of other drugs; and
“(F) the international control of marihuana.
“(2) Within one year after the date on which funds first become available to carry out this section, the Commission shall submit to the President and the Congress a comprehensive report on its study and investigation under this subsection which shall include its recommendations and such proposals for legislation and administrative action as may be necessary to carry out its recommendations.
“(e) [Study and investigation of causes of drug abuse; report to the President and the Congress; termination of Commission] The Commission shall conduct a comprehensive study and investigation of the causes of drug abuse and their relative significance. The Commission shall submit to the President and the Congress such interim reports as it deems advisable and shall within two years after the date on which funds first become available to carry out this section submit to the President and the Congress a final report which shall contain a detailed statement of its findings and conclusions and also such recommendations for legislation and administrative actions as it deems appropriate. The Commission shall cease to exist sixty days after the final report is submitted under this subsection.
“(f) [Limitation on expenditures] Total expenditures of the Commission shall not exceed $4,000,000.”
heading: Definitions
text: Pub. L. 117–215, § 2(a), Dec. 2, 2022, 136 Stat. 2257, provided that:
“(a) In General.—
In this Act [see Short Title of 2022 Amendment note set out above]—
“(1) the term ‘appropriately registered’ means that an individual or entity is registered under the Controlled Substances Act (21 U.S.C. 801 et seq.) to engage in the type of activity that is carried out by the individual or entity with respect to a controlled substance on the schedule that is applicable to cannabidiol or marijuana, as applicable;
“(2) the term ‘cannabidiol’ means—
“(A) the substance, cannabidiol, as derived from marijuana that has a delta-9-tetrahydrocannabinol level that is greater than 0.3 percent; and
“(B) the synthetic equivalent of the substance described in subparagraph (A);
“(3) the terms ‘controlled substance’, ‘dispense’, ‘distribute’, ‘manufacture’, ‘marijuana’, and ‘practitioner’ have the meanings given such terms in section 102 of the Controlled Substances Act (21 U.S.C. 802), as amended by this Act;
“(4) the term ‘covered institution of higher education’ means an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that—
“(A)
(i) has highest or higher research activity, as defined by the Carnegie Classification of Institutions of Higher Education; or
“(ii) is an accredited medical school or an accredited school of osteopathic medicine; and
“(B) is appropriately registered under the Controlled Substances Act (21 U.S.C. 801 et seq.);
“(5) the term ‘drug’ has the meaning given the term in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1));
“(6) the term ‘medical research for drug development’ means medical research that is—
“(A) a preclinical study or clinical investigation conducted in accordance with section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) or otherwise permitted by the Department of Health and Human Services to determine the potential medical benefits of marijuana or cannabidiol as a drug; and
“(B) conducted by a covered institution of higher education, practitioner, or manufacturer that is appropriately registered under the Controlled Substances Act (21 U.S.C. 801 et seq.); and
“(7) the term ‘State’ means any State of the United States, the District of Columbia, and any territory of the United States.”
heading: Executive Documents
heading: Executive Order No. 11599
text: Ex. Ord. No. 11599, June 17, 1971, 36 F.R. 11793, which established the Special Action Office for Drug Abuse Prevention, was superseded. See Prior Provisions notes set out under section 1111 of this title.
heading: Executive Order No. 11641
text: Ex. Ord. No. 11641, Jan. 28, 1972, 37 F.R. 2421, which established the Office for Drug Abuse Law Enforcement, was revoked by Ex. Ord. No. 11727, July 6, 1973, 38 F.R. 18357, set out below.
heading: Executive Order No. 11676
text: Ex. Ord. No. 11676, July 27, 1972, 37 F.R. 15125, which established the Office of National Narcotics Intelligence, was revoked by Ex. Ord. No. 11727, July 6, 1973, 38 F.R. 18357, set out below.
heading: Ex. Ord. No. 11727. Drug Law Enforcement
text: Ex. Ord. No. 11727, July 6, 1973, 38 F.R. 18357, provided:
Reorganization Plan No. 2 of 1973 [set out in the Appendix to Title 5, Government Organization and Employees], which becomes effective on July 1, 1973, among other things establishes a Drug Enforcement Administration in the Department of Justice. In my message to the Congress transmitting that plan, I stated that all functions of the Office for Drug Abuse Law Enforcement (established pursuant to Executive Order No. 11641 of January 28, 1972) and the Office of National Narcotics Intelligence (established pursuant to Executive Order No. 11676 of July 27, 1972) would, together with other related functions, be merged in the new Drug Enforcement Administration.
NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and laws of the United States, including section 5317 of title 5 of the United States Code, as amended, it is hereby ordered as follows:
Section 1. The Attorney General, to the extent permitted by law, is authorized to coordinate all activities of executive branch departments and agencies which are directly related to the enforcement of laws respecting narcotics and dangerous drugs. Each department and agency of the Federal Government shall, upon request and to the extent permitted by law, assist the Attorney General in the performance of functions assigned to him pursuant to this order, and the Attorney General may, in carrying out those functions, utilize the services of any other agencies, Federal and State, as may be available and appropriate.
Sec. 2. Executive Order No. 11641 of January 28, 1972, is revoked and the Attorney General shall provide for the reassignment of the functions of the Office for Drug Abuse Law Enforcement and for the abolishment of that Office.
Sec. 3. Executive Order No. 11676 of July 27, 1972, is hereby revoked and the Attorney General shall provide for the reassignment of the functions of the Office of National Narcotics Intelligence and for the abolishment of that Office.
Sec. 4. Section 1 of Executive Order No. 11708 of March 23, 1973, as amended [set out as a note under section 5317 of Title 5, Government Organization and Employees], placing certain positions in level IV of the Executive Schedule is hereby further amended by deleting—
(1) “(6) Director, Office for Drug Abuse Law Enforcement, Department of Justice.”; and
(2) “(7) Director, Office of National Narcotics Intelligence, Department of Justice.”
Sec. 5. The Attorney General shall provide for the winding up of the affairs of the two offices and for the reassignment of their functions.
Sec. 6. This order shall be effective as of July 1, 1973.
Richard Nixon.
heading: Combatting the National Drug Demand and Opioid Crisis
text: Memorandum of President of the United States, Oct. 26, 2017, 82 F.R. 50305, provided:
Memorandum for the Heads of Executive Departments and Agencies
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby directed as follows:
Section 1. Policy. It shall be the policy of the United States to use all lawful means to combat the drug demand and opioid crisis currently afflicting our country. Individuals, families, and communities across the United States continue to be devastated by an unprecedented epidemic of drug abuse and overdose, including of prescription opioids, heroin, and illicit synthetic opioids. Last year, we lost at least 64,000 of our fellow Americans to drug overdose, primarily from opioids. This is an increase of approximately 12,000 people over the year before and more than ever recorded in United States history. Drug overdoses now kill more Americans than motor vehicle crashes or gun-related incidents, and more than 300,000 Americans have died of an opioid overdose since 2000. Further, more than 2.1 million of our fellow citizens are addicted to opioids, and in 2014 more than 1,500 people were treated each day in emergency departments for opioid-related emergencies.
This crisis has devastated our communities. It has been particularly harmful for children affected by their parents’ drug abuse. The number of infants born drug-dependent increased by nearly 500 percent from 2000 to 2012. The number of children being placed into foster care due, at least in part, to parental drug abuse is increasing, and accounted for almost a third of all child removals in Fiscal Year 2015. Serious drug users are also more likely to be arrested for crimes such as burglary, robbery, and handling stolen goods. Moreover, the drug trafficking that supplies illegal drugs to our country is associated with other illegal activities, including murder and other violent crimes. All of this devastates lives and harms communities in both the United States and foreign countries involved in the illegal drug supply chain. Federal, State, and local governments; law enforcement; first responders; the medical, public health, and substance abuse treatment community; and faith-based and community organizations are working tirelessly and have even expanded their efforts to combat the drug demand and opioid crisis.
Three factors are driving the opioid aspect of this crisis in particular. First, since the 1990s, there has been a dramatic rise in opioid pain medication prescriptions. Second, heroin from Mexico has flooded the country. Third, the illicit manufacture and illegal importation of fentanyl—an extremely deadly synthetic opioid—and its analogues and related compounds have proliferated. Fentanyl is currently manufactured almost exclusively in China, and it is either shipped into the United States or smuggled across the southern border by drug traffickers. Between 2013 and 2016, the amount of fentanyl seized by Customs and Border Protection at the border increased more than 200 times over. Dealers are increasingly lacing fentanyl into other drugs and pressing it into counterfeit opioid pills. Because fentanyl is lethal in even miniscule doses, this is an extremely deadly tactic, as it too often causes users to ingest a fatal amount unknowingly.
Sec. 2. Agency Action. The Secretary of Health and Human Services shall, consistent with section 319 of the Public Health Service Act, 42 U.S.C. 247d, consider declaring that the drug demand and opioid crisis described in section 1 of this memorandum constitutes a Public Health Emergency. Additionally, the heads of executive departments and agencies, as appropriate and consistent with law, shall exercise all appropriate emergency authorities, as well as other relevant authorities, to reduce the number of deaths and minimize the devastation the drug demand and opioid crisis inflicts upon American communities.
Sec. 3. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The Secretary of Health and Human Services is hereby authorized and directed to publish this memorandum in the Federal Register.
Donald J. Trump.