Comprehensive Methamphetamine Control Act of 1996
PL 104-237 (S.1965), enacted 10/03/1996

PUBUC LAW 104-237—OCT. 3, 1996 
110 STAT. 3099 
Public Law 104-237 
104th Congress 
An Act 
Oct. 3,1996 
To prevent the illegal manufacturing and use of methamphetamine. 
[8. 1965] 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled. 
Comprehensive 
Methamnhet-
SECnONl. SHORT TITLE AND TABLE OF CONTENTS. 
amine Control 
(a) SHORT TITLE.—This Act may be cited as the "Comprehensive 2i\jSC^i note 
Methamphetamine Control Act of 1996". 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title and table of contents. 
Sec. 2. Findings. 
TITLE I—IMPORTATION OF METHAMPHETAMINE AND PRECURSOR 
CHEMICALS 
Sec. 101. Support for international efforts to control drugs. 
Sec. 102. Penalties for manufacture of listed chemicals outside the United States 
with intent to import them into the United States. 
TITLE II—PROVISIONS TO CONTROL THE MANUFACTURE OF 
METHAMPHETAMINE 
Sec. 201. Seizure and forfeiture of regulated chemicals. 
Sec. 202. Study and report on measures to prevent sales of agents used in meth-
amphetamine production. 
Sec. 203. Increased penalties for manufacture and possession of equipment used to 
make controlled substances. 
Sec. 204. Addition of iodine and hydrochloric gas to list II. 
Sec. 205. Civil penalties for firms that supply precursor chemicals. 
Sec. 206. Iiyunctive relief 
Sec. 207. Restitution for cleanup of clandestine laboratory sites. 
Sec. 208. Record retention. 
^ 
Sec. 209. Technical amendments. 
Sec. 210. Withdrawal of regulations. 
TITLE III—INCREASED PENALTIES FOR TRAFFICKING AND MANUFACTURE 
OP METHAMPHETAMINE AND PRECURSORS 
Sec. 301. Penalty increases for trafficking in methamphetamine. 
Sec. 302. Enhanced penalties for offenses involving certain listed chemicals. 
Sec. 303. Enhanced penalty for dangerous handling of controlled substances: 
amendment of sentencing guidelines. 
TITLE IV—LEGAL MANUFACTURE, DISTRIBUTION, AND SALE OF 
PRECURSOR CHEMICALS 
• , - • , ; • 
, • 
' 
r " ' 
Sec. 401. Diversionof certain precursor chemicals. 
Sec. 402. Mail order restrictions. 
TITLE V—EDUCATION AND RESEARCH 
Sec. 501. Interagency methamphetamine task force. 
Sec. 502. Public nealth monitoring. 
Sec. 503. Public-private education program. 
Sec. 504. Suspicious orders task force. 
110 STAT. 3100 
PUBLIC LAW 104-237—OCT. 3, 1996 
21 use 801 note. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) Meth£imphet£imine is a very dangerous £ind harmfiil 
drug. It is highly addictive and is associated with permanent 
brain damage in long-term users. 
(2) The abuse of methamphetamine has increased dramati-
csdly since 1990. This increased use has led to devastating 
effects on individuals and the community, including— 
(A) a drsimatic increase in deaths associated with meth-
amphetamine ingestion; 
(B) an increase in the number of violent crimes associ-
ated 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 pre-
sents an imminent public health threat that warrants aggres-
sive law enforcement action, increased research on meth-
amphetamine and other substance abuse, increased coordinated 
efforts to prevent methamphetamine abuse, and increased mon-
itoring of the public health threat methamphetamine presents 
to the communities of the United States. 
TITLE 
I—IMPORTATION 
OF 
METH-
AMPHETAMINE 
AND 
PRECURSOR 
CHEMICALS 
21 use 801 note. 
SEC. 101. SUPPORT FOR INTERNATIONAL EFFORTS TO CONTROL 
DRUGS. 
The Attorney General, in consultation with the Secretary of 
State, shall coordinate international drug enforcement efforts to 
decrease the movement of methamphetamine and methamphet-
amine precursors into the United States. 
SEC. 102. PENALTIES FOR MANUFACTURE OF LISTED CHEMICALS 
OUTSIDE THE UNITED STATES WITH INTENT TO IMPORT 
THEM INTO THE UNITED STATES. 
(a) UNLAWFUL IMPORTATION.—Section 1009(a) of the Controlled 
Substances Import and Export Act (21 U.S.C. 959(a)) is amended— 
(1) in the matter before paragraph (1), by inserting "or 
listed chemical" after "schedule I or 11"; and 
(2) in p£iragraphs (1) and (2), by inserting "or chemical" 
after "substance . 
(b) UNLAWFUL MANUFACTURE OR DISTRIBUTION.—Paragraphs 
(1) and (2) of section 1009(b) of the Controlled Substances Import 
and Export Act (21 U.S.C. 959(b)) are amended by inserting "or 
listed chemical" after "controlled substance". 
(c) PENALTIES.—Section 1010(d) of the Controlled Substances 
Import and Export Act (21 U.S.C. 960(d)) is amended— 
(1) in paragraph (5), by striking "or" at the end; 
(2) in paragraph (6), by striking the comma at the end 
and inserting "; or"; and 
(3) by adding at the end the following: 
PUBLIC LAW 104-237—OCT. 3, 1996 
110 STAT. 3101 
"(7) manufactures, possesses with intent to distribute, or 
distributes a listed chemical in violation of section 959 of this 
title.". 
TITLE II—PROVISIONS TO CONTROL 
THE 
MANUFACTURE 
OF 
METH-
AMPHETAMINE 
SEC. 201. SEIZURE AND FORFEITUKE OF REGULATED CHEMICALS. 
(a) PENALTIES FOR SIMPLE POSSESSION.—Section 404 of the 
Controlled Substances Act (21 U.S.C. 844) is amended— 
(1) in subsection (a)— 
> 
(A) by adding after the first sentence the following: 
"It shall oe unlawful for any person knowingly or inten-
tionally to possess any list I chemical obtained pursuEint 
to or imder authority of a registration issued to that person 
under section 303 of this title or section 1008 of title 
III if that registration has been revoked or suspended, 
if that registration has expired, or if the registrant has 
ceased to do business in the manner contemplated by his 
registration."; and 
'. 
(B) by striking "drug or narcotic" and inserting "drug, 
narcotic, or chemical" each place it appesirs; and 
(2) in subsection (c), by striking "drug or narcotic" and 
inserting "drug, narcotic, or chemicsd". 
(b) FORFEITURES.—Section 511(a) of the Controlled Substances 
Act (21 U.S.C. 881(a)) is amended— 
(1) in paragraphs (2) and (6), by inserting "or listed chemi-
cal" after "controlled substance" each place it appears; sind 
(2) in paragraph (9), by— 
(A) inserting "dispensed, acquired," after "distributed," 
both places it appears; and 
(B) striking "a felony provision of. 
(c) SEIZURE.—Section 607 of the Tariff Act of 1930 (19 U.S.C. 
1607) is amended— 
(1) in subsection (a)(3), by inserting "or listed chemical" 
after "controlled substance"; and 
(2) by amending subsection (b) to read as follows: 
"(b) As used in this section, the terms 'controlled substeince' 
and listed chemical' have the meaning given such terms in section 
102 of the Controlled Substances Act (21 U.S.C. 802).". 
SEC. 202. STUDY AND REPORT ON MEASURES TO PREVENT SALES OF 21USC 872 note. 
AGENTS USED IN METHAMPHETAMINE PRODUCTION. 
(a) STUDY.—The Attorney General of the United States shall 
conduct a study on possible measures to effectively prevent the 
diversion of red phosphorous, iodine, hydrochloric gas, £uid other 
agents for use in the production of methamphetsunine. Nothing 
in this section shall preclude the Attorney General fi*om taking 
any action the Attorney General already is authorized to take 
with regard to the regulation of listed chemicals under current 
law. 
(b) REPORT.—Not later than January 1, 1998, the Attorney 
General shall submit a report to the Congress of its findings pursu-
110 STAT. 3102 
PUBLIC LAW 104-237—OCT. 3, 1996 
ant to the study conducted under subsection (a) on the need for 
and advisabiHty of preventive measures. 
(c) CONSIDERATIONS.—In developing recommendations under 
subsection (b), the Attorney General snallconsider— 
(1) the use of red phosphorous, iodine, hydrochloric gas, 
and other agents in the illegal manufacture of methamphet-
amine: 
(2) the use of red phosphorous, iodine, hydrochloric gas, 
and oiiier agents for legitimate, legal purposes, and the impact 
any regulations may have on these legitimate purposes; and 
(3) comments and recommendations from law enforcement, 
manufacturers of such chemicals, and the consumers of such 
chemicals for legitimate, legal purposes. 
SEC. 203. DECREASED PENALTIES FOR MANUFACTURE AND POSSES-
SION OF EQUIPMENT USED TO MAKE CONTROLLED SUB-
STANCES. 
(a) IN GENERAL.—Section 403(d) of the Controlled Substances 
Act (21 U.S.C. 843(d)) is amended— 
(1) by striking "(d) Any person" and inserting "(d)(1) Except 
as proviaed in paragraph (2), any person"; and 
(2) by adding at the end the ftmowing: 
"(2) Any person who, with the intent to manufacture or to 
facilitate the manufacture of methamphetamine, violates paragra^di 
(6) or (7) of subsection (a), shall be sentenced to a term oi imprison-
ment of not more than 10 years, a fine of not more than $30,000, 
or both; except that if any person commits such a violation after 
one or more prior convictions of that person— 
"(A) for a violation of paragraph (6) or (7) of subsection 
(a); 
"(B) for a felony under any other provision of this sub-
chapter or subchapter II of this chapter; or 
"(C) imder any other law oi the United States or any 
State relating to controlled substances or listed chemicals, 
has become fined, such person shall be sentraiced to a term of 
imprisonment of not more than 20 years, a fine of not more than 
$60,000, or both.". 
28 use 994 note. 
(b) SENTENCING COMMISSION.—The United States Sentencing 
Commission shall amend the sentencing guidelines to ensure that 
tiie manufactiire of methamphetamine in violation of section 
403(dX2) of the Controlled Substances Act, as added by subsection 
(a), is treated as a significant violation. 
SEC. 204. ADDITION OF IODINE AND HYDROCHLORIC GAS TO LIST 
H. 
(a) IN GENERAL.—Section 102(35) of the Controlled Substances 
Act (21 U.S.C. 802(35)) is amended by adding at the end the 
following: 
"(I) Iodine. 
"(J) Hydrochloric gas.". 
21 use 971 note. 
(b) IMPORTATION AND EXPORTATION REQUIREMENTS.—(1) Iodine 
shall not be subject to the requirements for hsted chemicals pro-
vided in section 1018 of the Controlled Substances Import and 
Export Act (21 U.S.C. 971). 
(2) EFFECT OF EXCEPTION.—The exception made by paragraph 
(1) shall not limit Hie authority of the Attorney General to impose 
the requirements for listed chemicals provided in section 1018 of 
tiie Controlled Substances Import and Export Act (21 U.S.C. 971). 
PUBLIC LAW 104-237—OCT. 3, 1996 
110 STAT. 3103 
SEC. 205. CIVIL PENALTIES FOR FIRMS THAT SUPPLY PRECURSOR 
CHEMICALS. 
(a) OFFENSES.—Section 402(a) of the Controlled Substances 
Act (21 U.S.C. 842(a)) is amended— 
(1) in paragraph (9), by striking "or" after the semicolon; 
(2) in paragraph (10), by striking the period and inserting 
"; or"; and 
(3) by adding at the end the following: 
"(11) to distribute a laboratory supply to a person who 
uses, or attempts to use, that laboratory supply to manufacture 
a controlled substance or a listed chemical, in violation of 
this title or title III, with reckless disregard for the illegal 
uses to which such a laboratory supply will be put. 
As used in paragraph (11), the term laboratory supply* means 
a listed chemical or any chemical, substance, or item on a special 
surveillance list published by the Attorney General, which contains 
chemicals, products, materials, or equipment used in the manufac-
ture of controlled substances and listed chemicals. For purposes 
of paragraph (11), there is a rebuttable presumption of reckless 
disregard at trial if the Attorney General notifies a firm in writing 
that a laboratory supply sold by the firm, or any other person 
or firm, has been used by a customer of the notified firm, or 
distributed further by that customer, for the unlawful production 
of controlled substances or listed chemicals a firm distributes and 
2 weeks or more after the notification the notified firm distributes 
a laboratory supply to the customer,". 
(b) CIVIL PENALTY.—Section 402(c)(2) of the Controlled Sub-
stsinces Act (21 U.S.C. 842(c)(2)) is amended by adding at the 
end the following: 
"(C) In addition to the penalties set forth elsewhere in 
this title or title III, any business that violates paragraph 
(11) of subsection (a) shall, with respect to the first such viola-
tion, be subject to a civil penalty of not more than $250,000, 
but shall not be subject to criminal penalties under this section, 
and shall, for any succeeding violation, be subject to a civil 
fine of not more than $250,000 or double the last previously 
imposed penalty, whichever is greater.". 
SEC. 206. INJUNCTIVE RELIEF. 
(a) TEN-YEAR INJUNCTION MAJOR OFFENSES.—Section 401(f) 
of the Controlled Substances Act (21 U.S.C. 841(f)) is amended 
b y -
(1) inserting "manufacture, exportation," after "distribu-
tion,"; £ind 
(2) striking "regulated". 
(b) TEN-YEAR INJUNCTION OTHER OFFENSES.—Section 403 of 
the Controlled Substances Act (21 U.S.C. 843) is amended— 
(1) in subsection (e), by— 
(A) inserting "manufacture, exportation," after "dis-
tribution,"; and 
(B) striking "regulated"; and 
(2) by adding at the end the following: 
"(f) INJUNCTIONS.—(1) In addition to any penalty provided in 
this section, the Attorney General is authorized to commence a 
civil action for appropriate declaratory or injunctive relief relating 
to violations of tlus section or section 402. 
110 STAT. 3104 
PUBLIC LAW 104-237—OCT. 3, 1996 
"(2) Any action under this subsection may be brought in the 
district court of the United States for the district in which the 
defendant is located or resides or is doing business. 
"(3) Any order or judgment issued by the court pursuant to 
this subsection shall be tailored to restrain violations of this section 
or section 402. 
"(4) The court shall proceed as soon as practicable to the hearing 
and determination of such an action. An action under this sub-
section is governed by the Federal Rules of Civil Procedure except 
that, if an indictment has been returned against the respondent, 
discovery is governed by the Federal Rules of Criminal Procediu-e.". 
SEC. 207. KESTrrUnON FOR CLEANUP OF CLANDESTINE LABORA. 
TORY SITES. 
Section 413 of the Controlled Substances Act (21 U.S.C. 853) 
is amended by adding at the end the following: 
"(q) The court, when sentencing a defendant convicted of an 
offense under this title or title III involving the manufacture of 
methamphetamine, may— 
"(1) order restitution as provided in sections 3612 and 
3664 of title 18, United States Code; 
"(2) order the defendant to reimburse the United States 
for the costs incurred by the United States for the cleanup 
associated with the manufacture of methamphetamine by the 
defendant; and 
"(3) order restitution to any person injured as a result 
of the offense as provided in section 3663 of title 18, United 
States Code.". 
SEC. 208. RECORD RETENTION. 
Section 310(a)(1) of the Controlled Substances Act (21 U.S.C. 
830(a)(1)) is amended by striking the dash after "transaction" and 
subparagraphs (A) and (B) and inserting "for two years after the 
date of the transaction.". 
SEC. 209. TECHNICAL AMENDMENTS. 
Section 102 of the Controlled Substances Act (21 U.S.C. 802) 
is amended— 
(1) in paragraph (34), by amending subparagraphs (P), 
(S), and (U) to read as follows: 
"(P) Isosafrole. 
"(S) N-Methylephedrine. 
"(U) Hydriodic acid."; and 
(2) in paragraph (35), by amending subparagraph (G) to 
read as follows: 
"(G) 2-Butanone (or Methyl Ethyl Ketone).". 
Federal Register, 
SEC. 210. WITHDRAWAL OF REGULATIONS. 
The final rule concerning removal of exemption for certain 
pseudoephedrine products marketed imder the Federal Food, Drug, 
and Cosmetic Act published in the Federal Register of August 
7, 1996 (61 FR 40981-40993) is null and void and of no force 
or effect. 
PUBLIC LAW 104-237—OCT. 3, 1996 
110 STAT. 3105 
TITLE III—INCREASED PENALTIES FOR 
TRAFFICKING AND MANUFACTURE OF 
METHAMPHETAMINE AND PRECUR-
SORS 
SEC. 301. PENALTY INCREASES FOR TRAFFICKING IN METHAMPHET- 28 USC 994 note. 
AMINE. 
(a) DIRECTIVE TO THE UNITED STATES SENTENCING COMMIS-
SION.—Pursuant to its authority under section 994 of title 28, 
United States Code, the United States Sentencing Commission shall 
review and amend its guidelines sind its policy statements to provide 
for increased penalties for unlawful manufacturing, importing, 
emorting, and trafficking of methamphetamine, and other similar 
offenses, including unlawful possession with intent to commit £iny 
of those offenses, and attempt and conspiracy to commit any of 
those offenses. ITie Commission shsdl submit to Congress expla-
nations therefor and any additional policy recommendations for 
combating methamphetamine offenses. 
(b) IN GENERAL.—In carrying out this section, the Commission 
shall ensure that the sentencing guidelines and poUcy statements 
for offenders convicted of offenses described in subsection (a) and 
any recommendations submitted under such subsection reflect the 
heinous nature of such offenses, the need for aggressive law enforce-
ment action to fight such offenses, and the extreme dangers associ-
ated with unlavmil activity involving methamphetamine, includ-
ing— 
(1) the rapidly growing incidence of methamphetsunine 
abuse and the threat to public safety such abuse poses; 
(2) the high risk of methamphetsimine addiction; 
(3) the increased risk of violence associated with meth-
ampheteunine trafficking and abuse; and 
(4) the recent increase in the illegal importation of meth-
amphetamine and precursor chemicals. 
SEC. 302. ENHANCED PENALTIES FOR OFFENSES INVOLVING CERTAIN 
USTED CHEMICALS. 
(a) CONTROLLED SUBSTANCES ACT.—Section 401(d) of the Con-
trolled Substances Act (21 U.S.C. 841(d)) is amended by striking 
"not more than 10 years," and inserting "not more than 20 years 
in the case of a violation of paragraph (1) or (2) involving a list 
I chemical or not more than 10 years in the case of a violation 
of this subsection other than a violation of paragraph (1) or (2) 
involving a list I chemical,". 
(b) CONTROLLED SUBSTANCE IMPORT AND EXPORT ACT.—Section 
1010(d) of the Controlled Substance Import and Export Act (21 
U.S.C. 960(d)) is amended by striking "not more than 10 years," 
and inserting "not more thein 20 years in the case of a violation 
of paragraph (1) or (3) involving a list I chemical or not more 
than 10 years in the case of a violation of this subsection other 
than a violation of paragraph (1) or (3) involving a list I chemical,". 
(c) SENTENCING GUIDELINES.— 
28 use 994 note. 
(1) IN GENERAL.—^The United States Sentencing Commis-
sion shall, in accordance with the procedures set forth in section 
21(a) of the Sentencing Act of 1987, as though the authority 
of that section had not expired, amend the sentencing guidelines 
110 STAT. 3106 
PUBLIC LAW 104-237—OCT. 3, 1996 
to increase by at least two levels the offense level for offenses 
involving list I chemicals under— 
(A) section 401(d) (1) and (2) of the Controlled Sub-
stances Act (21 U.S.C 841(d) (1) and (2)); and 
(B) section 1010(d) (1) and (3) of the Controlled Sub-
stance Import and Export Act (21 U.S.C. 960(d) (1) and 
(3)). 
(2) REQUIREMENT.—In carrying out this subsection, the 
Commission shall ensure that the offense levels for offenses 
referred to in paragraph (1) are calculated proportionally on 
the basis of the quantity of controlled substance that reasonably 
could have been manufactured in a clandestine setting using 
the quantity of the list I chemical possessed, distributed, 
imported, or exported. 
28 use 994 note. 
SEC. 303. ENHANCED PENALTY FOR DANGEROUS HANDLING OF CON-
TROLLED SUBSTANCES: AMENDMENT OF SENTENCING 
GUIDELINES. 
(a) IN GENERAL.—Pursuant to its authority under section 994 
of title 28, United States Code, the United States Sentencing 
Commission shall determine whether the Sentencing Guidelines 
adequately punish the offenses described in subsection (b) and, 
if not, promulgate guidelines or amend existing guidelines to provide 
an appropriate enhancement of the punishment for a defendant 
convicted of such an offense. 
(b) OFFENSE.—^The offense referred to in subsection (a) is a 
violation of section 401(d), 401(g)(1), 403(a)(6), or 403(a)(7) of the 
Controlled Substances Act (21 U.S.C. 841(d), 841(g)(1), 843(a)(6), 
and 843(a)(7)), in cases in which in the commission of the offense 
the defendsuit violated— 
(1) subsection (d) or (e) of section 3008 of the Solid Waste 
Disposal Act (relating to handling hazardous waste in a manner 
inconsistent with Federal or applicable State law); 
(2) section 103(b) of the Comprehensive Environmental 
Response, Compensation and Liability Act (relating to failure 
to notify as to the release of a reportable quantity of a hazard-
ous substance into the environment); 
(3) section 301(a), 307(d), 309(c)(2), 309(c)(3), 311(b)(3), or 
311(b)(5) of the Federal Water Pollution Control Act (relating 
to the unlawful discharge of pollutants or hazardous substances, 
the operation of a source in violation of a pretreatment stand-
surd, and the failure to notify as to the release of a reportable 
quantity of a hazardous substance into the water); or 
(4) section 5124 of title 49, United States Code (relating 
to violations of laws and regulations enforced by the Depart-
ment of Transportation with respect to the transportation of 
hazardous material). 
TITLE IV—LEGAL MANUFACTURE, DIS-
TRIBUTION, AND SALE OF PRECUR-
SOR CHEMICALS 
SEC. 401. DIVERSION OF CERTAIN PRECURSOR CHEMICALS. 
(a) IN GENERAL.—Section 102(39) of the Controlled Substances 
Act (21 U.S.C. 802(39)) is amended— 
PUBLIC LAW 104-237—OCT. 3, 1996 
110 STAT. 3107 
(1) in subparagraph (A)(iv)(I)(aa), by striking "as" through 
the semicolon and inserting ", pseudoephedrine or its salts, 
optical isomers, or salts of optical isomers, or phenylpropanola-
mine or its salts, optical isomers, or salts of optical isomers 
unless otherwise provided by regulation of the Attorney General 
issued pursuant to section 204(e) of this title;"; and 
(2) in subparagraph (A)(iv)(II), by inserting ", pseudo-
ephedrine, phenylpropanolamine," after "ephedrine . 
(b) LEGITIMATE RETAILERS.—Section 102 of the Controlled Sub-
stances Act (21 U.S.C. 802) is amended— 
(1) in paragraph (39)(A)(iv)(I)(aa), by adding before the 
semicolon tne following: '
V
, except that any sale of ordinary 
over-the-counter 
pseudoephedrine 
or 
phenylpropanolamine 
products by retail distributors shall not be a regulated trsins-
action (except as provided in section 401(d) of the Comprehen-
sive Methamphetamine Control Act of 1996)"; 
(2) in paragraph (39)(AXiv)(II), by adding before the semi-
colon the following: ", except that the threshold for any sale 
of products containing pseudoephedrine or phenylpropanola-
mine products by retafl distributors or by distributors required 
to submit reports by section 310(b)(3) of this title shall be 
24 grams of pseudoephedrine or 24 grams of phenylpropanola-
mine in a single transaction"; 
(3) by redesignating paragraph (43) relating to felony drug 
offense as paragraph (44); and 
(4) by adding at the end the following: 
"(45) The term 'ordinary over-the-counter pseudoephedrine 
or phenylpropginolamine product' means any product containing 
pseudoephedrine or phenylpropanolamine that is— 
"(A) regulated pursuant to this title; and 
"(B)(i) except for Uquids, sold in package sizes of not 
more than 3.0 grams of pseudoephedrine base or 3.0 grams 
of phenylpropanolamine base, and that is packaged in blis-
ter packs, each bUster containing not more than two dosage 
units, or where the use of blister packs is technically 
infeasible, that is packaged in unit dose packets or pouches; 
and 
"(ii) for liquids, sold in package sizes of not more than 
3.0 grams of pseudoephedrine base or 3.0 grams of phenyl-
propanolamine base. 
(46)(A) The term 'retail distributor' means a grocery store, 
general merchandise store, drug store, or other entity or person 
whose activities as a distributor relating to pseudoephedrine 
or phenylpropanolamine products are limited almost exclusively 
to sales for personal use, both in number of sales and volume 
of sales, either directly to walk-in customers or in face-to-
face transactions by direct sales. 
"(B) For purposes of this paragraph, sale for personal use 
means the sale of below-threshold quantities in a single trans-
action to an individual for le^timate medical use. 
"(C) For purposes of this paragraph, entities are defined 
by reference to the Standard Industrial Classification (SIC) 
code, as follows: 
"(i) A grocery store is an entity within SIC code 5411. 
"(ii) A general merchandise store is an entity within 
SIC codes 5300 through 5399 and 5499. 
"(iii) A drug store is an entity within SIC code 5912.". 
2&-194 0-96-2:QL3Part5 
110 STAT. 3108 
PUBLIC LAW 104-237—OCT. 3, 1996 
(c) REINSTATEMENT OF LEGAL DRUG EXEMPTION.—Section 204 
of the Controlled Substances Act (21 U.S.C. 814) is amended by 
adding at the end the following new subsection: 
Regulations. 
"(e) REINSTATEMENT OF EXEMPTION WiTH RESPECT TO E P H E D -
RINE, PSEUDOEPHEDRINE, AND PHENYLPROPANOLAMINE DRUG PROD-
UCTS.—Pursuant to subsection (d)(1), the Attorney General shall 
by regulation reinstate the exemption with respect to a particular 
ephedrine, pseudoephedrine, or phenylpropanolamine drug product 
if the Attorney General determines that the drug product is manu-
factured and distributed in a manner that prevents diversion. In 
making this determination the Attorney General shall consider 
the factors listed in subsection (d)(2). Any regulation issued pursu-
ant to this subsection may be amended or revoked based on the 
factors listed in subsection (d)(4).". 
21 use 802 note. 
(d) REGULATION OF RETAIL SALES.— 
(1) PSEUDOEPHEDRINE.— 
(A) LIMIT.— 
(i) IN GENERAL.—Not sooner than the effective date 
of this section and subject to the requirements of clause 
(ii), the Attorney General may establish by regulation 
a 
single-transaction 
limit 
of 
24 
grams 
of 
pseudoephedrine base for retail distributors. Notwith-
standing any other provision of law, the single-trans-
action threshold quantity for pseudoephedrine-contain-
ing compounds may not be lowered beyond that estab-
lished in this paragraph. 
(ii) CONDITIONS.—In order to establish a single-
transaction limit of 24 grams of pseudoephedrine base, 
the Attorney General shall establish, following notice, 
comment, and an informal hearing that since the date 
of enactment of this Act there are a significant number 
of 
instances 
where 
ordinary 
over-the-counter 
pseudoephedrine products as established in paragraph 
(45) of section 102 of the Controlled Substances Act 
(21 U.S.C. 802(45)), as added by this Act, sold by 
retail distributors as established in paragraph (46) in 
section 102 of the Controlled Substances Act (21 U.S.C. 
802(46)), are being widely used as a significant source 
of precursor chemicals for illegal manufacture of a 
controlled substance for distribution or sale. 
(B) VIOLATION.—^Any individual or business that vio-
lates the thresholds established in this paragraph shall, 
with respect to the first such violation, receive a warning 
letter firom the Attorney General and, if a business, the 
business shall be required to conduct mandatory education 
of the sales employees of the firm with regard to the 
legal sales of pseudoephedrine. For a second violation occur-
ring within 2 years of the first violation, the business 
or individual shall be subject to a civil penalty of not 
more than $5,000. For any subsequent violation occurring 
within 2 yegirs of the previous violation, the business or 
individual shall be subject to a civil penalty not to exceed 
the amount of the previous civil penalty plus $5,000. 
(2) PHENYLPROPANOLAMINE.— 
(A) LIMIT.— 
(i) IN GENERAL.—Not sooner than the effective date 
of this section and subject to the requirements of clause 
PUBLIC LAW 104-237—OCT. 3, 1996 
110 STAT. 3109 
(ii), the Attorney General may establish by regulation 
a single-transaction limit of 24 grams of phenyl-
propanolamine base for retail distributors. Notwith-
standing any other provision of law, the single-trans-
action threshold quantity for phenylpropanolamine-
containing compounds may not be lowered beyond that 
established in this paragraph. 
(ii) CONDITIONS.—In order to establish a single-
transaction limit of 24 grams of phenylpropanolamine 
base, the Attorney General shall establish, following 
notice, comment, and an informal hearing, that since 
the date of enactment of this Act there are a significant 
number of instances where ordinary over-the-counter 
phenylpropginolamine products as established in para-
graph (45) of section 102 of the Controlled Substances 
Act (21 U.S.C. 802(45)), as added by this Act, sold 
by retail distributors as estabUshed in paragraph (46) 
in section 102 of the Controlled Substances Act (21 
U.S.C. 802(46)), are being used as a significant source 
of precursor chemicals for illegal manufacture of a 
controlled substance in bulk. 
(B) VIOLATION.—^Any individual or business that vio-
lates the thresholds estabUshed in this paragraph shall, 
with respect to the first such violation, receive a warning 
letter fi*om the Attorney General and, if a business, the 
business shall be required to conduct mandatory education 
of the sales employees of the firm with regard to the 
legal sales of pseudoephedrine. For a second violation occur-
ring within 2 years of the first violation, the business 
or individual shsdl be subject to a civil penalty of not 
more than $5,000. For any subsequent violation occurring 
within 2 years of the previous violation, the business or 
individual shall be subject to a civil penality not to exceed 
the amount of the previous civil penalty plus $5,000. 
(3) SIGNIFICANT NUMBER OF INSTANCES.— 
(A) IN GENERAL.—For purposes of this subsection, iso-
lated or infi'equent use, or use in insubstantial quantities, 
of ordinary over-the-counter pseudoephedrine or phenyl-
propanolamine, as defined in section 102(45) of the Con-
trolled Substances Act, as added by section 401(b) of this 
Act, and sold at the retail level for the illicit manufacture 
of methamphetamine or amphetamine may not be used 
by the Attorney General as the basis for establishing the 
conditions under paragraph (l)(A)(ii) of this subsection, 
with respect to pseudoephedrine, and paragraph (2)(A)(ii) 
of this subsection, with respect to phenylpropanolamine. 
(B) CONSIDERATIONS AND REPORT.—The Attorney Gen-
eral shall— 
(i) in estabUshing a finding under paragraph 
(l)(AXii) or (2XA)(ii) of this subsection, consult with 
the Secretary of Health and Human Services in order 
to consider the effects on public health that would 
occur fi*om the estabUshment of new single transaction 
limits as provided in such paragraph; and 
(ii) upon establishing a finding, transmit a report 
to the Committees on the Judiciary in both, respec-
tively, the House of Representatives £ind the Senate 
110 STAT. 3110 
PUBLIC LAW 104-237—OCT. 3, 1996 
in which the Attorney General will provide the factual 
basis for establishing the new single transaction limits. 
(4) DEFINITION OF BUSINESS.—For purposes of this sub-
section, the term "business" means the entity that makes the 
direct sale and does not include the parent company of a 
business not involved in a direct sale regulated by this sub-
section. 
(5) JUDICIAL REVIEW.—Any regulation promulgated by the 
Attorney General under this section shall be subject to judicial 
review pursuant to section 507 of the Controlled Substsuices 
Act (21 U.S.C. 877). 
21 use 802 note. 
(e) EFFECT ON THRESHOLDS.—Nothing in the amendments made 
by subsection (b) or the provisions of subsection (d) shall affect 
the authority of the Attorney General to modify thresholds (includ-
ing cumulative thresholds) for retail distributors for products other 
than 
ordinary 
over-the-counter 
pseudoephedrine 
or 
phenyl-
propanolamine products (as defined in section 102(45) of the Con-
trolled Substances Act, as added by this section) or for non-retail 
distributors, importers, or exporters. 
21 u s e 802 note. 
(f) COMBINATION EPHEDRINE PRODUCTS.— 
(1) IN GENERAL.—For the purposes of this section, combina-
tion ephedrine products shall be treated 
the same 
as 
pseudoephedrine products, except that— 
(A) a single transaction limit of 24 grams shall be 
effective as of the date of enactment of this Act and shall 
apply to sales of all combination ephedrine products, not-
withstanding the form in which those products are 
packaged, made by retail distributors or distributors 
required to submit a report under section 310(b)(3) of the 
Controlled Substances Act (as added by section 402 of 
this Act); 
(B) for regulated transactions for combination ephed-
rine products other than sales described in subparagraph 
(A), the transaction limit shall be— 
(i) 1 kilogram of ephedrine base, effective on the 
date of enactment of this Act; or 
(ii) a threshold other than the threshold described 
in clause (i), if established by the Attorney General 
not earlier than 1 year after the date of enactment 
of this Act; £ind 
(C) the penalties provided in subsection (d)(1)(B) of 
this section shall take effect on the date of enactment 
of this Act for any individual or business that violates 
the single transaction limit of 24 grams for combination 
ephedrine products. 
(2) DEFINITION.—For the purposes of this section, the term 
"combination ephedrine product" means a drug product contain-
ing ephedrine or its salts, optical isomers, or salts of optical 
isomers and therapeutically significant quantities of another 
active medicinal ingredient. 
21 use 802 note. 
(g) EFFECTIVE DATE OF THIS SECTION.—Notwithstanding any 
other provision of this Act, this section shall not apply to the 
sale of any pseudoephedrine or phenylpropanolamine product prior 
to 12 months after the date of enactment of this Act, except that, 
on application of a manufacturer of a particular pseudoephedrine 
or phenylpropanolamine drug product, the Attorney General may, 
in her sole discretion, extend such effective date up to an additional 
PUBLIC LAW 104-237—OCT. 3, 1996 
110 STAT. 3111 
six months. Notwithstanding any other provision of law, the decision 
of the Attorney General on such an application shall not be subject 
to judicial review. 
SEC. 402. MAIL ORDER RESTRICTIONS. 
Section 310(b) of the Controlled Substances Act (21 U.S.C. 
830(b)) is amended by adding at the end the following: 
"(3) MAIL ORDER REPORTING.—(A) Each regulated person 
who engages in a transaction with a nonregulated person 
which— 
"(i) involves ephedrine, pseudoephedrine, or phenyl-
propanolamine (including drug products containing these 
chemicals); and 
"(ii) uses or attempts to use the Postal Service or 
any private or commercial carrier; 
shall, on a monthly basis, submit a report of each such trans-
action conducted during the previous month to the Attorney 
Greneral in such form, containing such data, £ind at such times 
as the Attorney General shall establish by regulation. 
"(B) The data required for such reports shall include— 
"(i) the name of the purchaser; 
"(ii) the 
quantity 
and 
form 
of the 
ephedrine, 
pseudoephedrine, or phenylpropanolamine purchased; and 
"(iii) 
the 
address 
to 
which 
such 
ephedrine, 
pseudoephedrine, or phenylpropanolamine was sent.". 
TITLE V—EDUCATION AND RESEARCH 
Regulations. 
SEC. 501. INTERAGENCY METHAMPHETAMINE TASK FORCE. 
21USC 801 note. 
(a) ESTABLISHMENT.—There is established a "Methamphet-
£unine Interagency Task Force" (referred to as the "interagency 
task force") which shall consist of the following members: 
(1) The Attorney General, or a designee, who shall serve 
as chair. 
(2) 2 representatives selected by the Attorney General. 
(3) The Secretary of Education or a designee. 
(4) The Secretary of Health and Human Services or a 
designee, 
(5) 2 representatives of State and local law enforcement 
Eind regulatory agencies, to be selected by the Attorney General. 
(6) 2 representatives selected by the Secretary of Health 
and Human Services. 
(7) 5 nongovernmental experts in drug abuse prevention 
and treatment to be selected by the Attorney General. 
(b) RESPONSIBILITIES.—The interagency task force shall be 
responsible for designing, implementing, and evaluating the edu-
cation and prevention and treatment practices £ind strategies of 
the Federal Government with respect to methamphetamine and 
other synthetic stimulants. 
(c) MEETINGS.—The interagency task force shall meet at least 
once every 6 months. 
(d) FUNDING.—^The administrative expenses of the interagency 
task force shall be paid out of existing Department of Justice 
appropriations. 
(e) FACA.—The Federal Advisory Committee Act (5 U.S.C. ApplicabiUty. 
App. 2) shall apply to the interagency task force. 
110 STAT. 3112 
PUBLIC LAW 104-237—OCT. 3, 1996 
42 use 290aa-4 
note. 
21 use 872a. 
Establishment. 
21 use 801 note. 
(f) TERMINATION.—The interagency task force shall terminate 
4 years after the date of enactment of this Act. 
SEC. 502. PUBLIC HEALTH MONITORING. 
The Secretary of Health and Human Services shall develop 
a public health monitoring program to monitor methamphetamine 
abuse in the United States. The program shall include the collection 
and dissemination of data related to methamphetamine abuse which 
can be used by public health officials in policy development. 
SEC. 503. PUBLIC-PRIVATE EDUCATION PROGRAM. 
(a) ADVISORY PANEL.—The Attorney General shall establish 
an advisory panel consisting of an appropriate number of represent-
atives from Federal, State, and local law enforcement and regulatory 
agencies with experience in investigating and prosecuting illegal 
transactions of precursor chemicals. The Attorney General shall 
convene the panel as often as necessary to develop and coordinate 
educational programs for wholesale and retail distributors of precur-
sor chemicals and supplies. 
(b) CONTINUATION OF CURRENT EFFORTS.—The Attorney Gen-
eral shall continue to— 
(1) maintain an active program of seminars and training 
to educate wholesale and retail distributors of precursor chemi-
cals and supplies regarding the identification of suspicious 
transactions and their responsibility to report such trans-
actions; and 
(2) provide assistance to State and local law enforcement 
and regulatory agencies to facilitate the establishment and 
maintenance of educational programs for distributors of precur-
sor chemicals and supplies. 
SEC. 504. SUSPICIOUS ORDERS TASK FORCE. 
(a) IN GENERAL.—The Attorney General shall establish a "Sus-
picious Orders Task Force" (the "Task Force") which shall consist 
of— 
(1) appropriate personnel from the Drug Enforcement 
Administration (the "DEA") and other Federal, State, and local 
law enforcement and regulatory agencies with the experience 
in investigating and prosecuting illegal transactions of listed 
chemicals and supplies; and 
(2) representatives from the chemical and pharmaceutical 
industry. 
(b) RESPONSIBILITIES.—The Task Force shall be responsible for 
developing proposals to define suspicious orders of listed chemicals, 
and particularly to develop quantifiable parameters which can be 
used by registrants in determining if an order is a suspicious 
order which must be reported to DEA. The quantifiable parameters 
to be addressed will include fi-equency of orders, deviations fi*om 
prior orders, and size of orders. The Task Force shall also rec-
ommend provisions as to what types of payment practices or 
unusual business practices shall constitute prima facie suspicious 
orders. In evaluating the proposals, the Task Force shall consider 
effectiveness, cost and feasibility for industry and government, and 
other relevant factors. 
(c) MEETINGS.—The Task Force shall meet at least two times 
E
er year and at such other times as may be determined necessary 
y the Task Force. 
PUBLIC LAW 104-237—OCT. 3, 1996 
110 STAT. 3113 
(d) REPORT.—The Task Force shsill present a report to the 
Attorney Genergd on its proposals with regard to suspicious orders 
and the electronic reporting of suspicious orders within one year 
of the date of enactment of this Act. Copies of the report shall 
be forweirded to the Committees of the Senate eind House of Rep-
resentatives having jurisdiction over the regulation of listed chemi-
cal and controlled substances. 
(e) FUNDING.—^The administrative expenses of the Task Force 
shall be psdd out of existing Department of Justice funds or appro-
priations. 
(f) FACA.—The Federal Advisory Committee Act (5 U.S.C. App. ApplicabiKty. 
2) shall apply to the Task Force. 
(g) TERMINATION.—^The Task Force shall terminate upon 
presentation of its report to the Attorney Genergd, or two years 
after the date of enactment of this Act, whichever is sooner. 
Approved October 3, 1996. 
LEGISLATIVE HISTORY—S. 1965 (H.R. 3852): 
CONGRESSIONAL RECORD, Vol. 142 (1996): 
Sept. 17, considered and passed Senate. 
Sept. 25, 26, H.R. 3852 considered and passed House. 
Sept. 28, S. 1965 considered and passed House. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996): 
Oct. 3, Presidential statement.