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Controlled Substances Act
Part G - Conforming, Transitional and Effective Date, and General Provisions

§ 701 Repeals and Conforming Amendments

(a) Sections 201(v), 301(q), and 511 of the Federal Food, Drug and Cosmetic Act (21 USC 321(v), 331(q), 360(a)) are repealed.

(b) Subsections (a) and (b) of section 303 of the Federal Food, Drug and Cosmetic Act (21 USC 333) are amended to read as follows:

• Federal Food, Drug and Cosmetic Act (21 USC 333)
  • (a) Violation of section 331 of this title; second violation; intent to defraud or mislead
    • (1) Any person who violates a provision of section 331 of this title shall be imprisoned for not more than one year or fined not more than $1,000, or both.
    • (2) Notwithstanding the provisions of paragraph (1) of this section, (FOOTNOTE 1) if any person commits such a violation after a conviction of him under this section has become final, or commits such a violation with the intent to defraud or mislead, such person shall be imprisoned for not more than three years or fined not more than $10,000, or both.

    (FOOTNOTE 1) So in original. Words ''of this section'' probably should not appear.

(c) Section 304(a)(2) of the Federal Food, Drug and Cosmetic Act (21 USC 334) amended in 1970 - Subsec. (a)(2). Pub. L. 91-513, Sec. 701(c), struck out cls. (A) and (D) which dealt with depressant or stimulant drugs, struck out reference to depressant or stimulant drugs in cl. (C), and redesignated cls. (B), (C), and (E) as cls. (A), (B), and (C), respectively.

(d) Section 304(d)(3)(iii). of the Federal Food, Drug and Cosmetic Act (21 USC 334(d)(3)(iii)) Pub. L. 91-513, Sec. 701(d), struck out reference to depressant or stimulant drugs.

(e) Section 510 of the Federal Food, Drug and Cosmetic Act (21 USC 360) is amended (1) in Subsec. (a) by striking out paragraph (2), and by inserting "and" at the end of paragraph (1), and by redesignating paragraph (3) as paragraph (2); (2) Subsec. (b). Pub. L. 91-513 struck out provisions covering establishments engaged in the wholesaling, jobbing, or distributing of depressant or stimulant drugs and the inclusion of the fact of such activity in the annual registration; (3) by striking out the last sentence of subsection (b); (4) Subsec. (c). Pub. L. 91-513 struck out provisions covering new registrations of persons first engaging in the wholesaling, jobbing, or distributing of depressant or stimulant drugs and the inclusion of the fact of such activity in the registration; (5) by striking out the last sentence of subsection (c); (6) by striking out "1)" in subsection (d) and by inserting a period after "drug or drugs" in that subsection and deleting the remainder of that subsection; and (7) by striking out "and certain wholesalers" in the section heading.

(f) Sec 702 of the Federal Food, Drug and Cosmetic Act (21 USC 372) is amended 1970 - Subsec. (e). Pub. L. 91-513 struck out reference to depressant or stimulant drugs.

(g) Section 201(a)(2) of the Federal Food, Drug and Cosmetic Act (21 USC 321(a)(2)) is amended by inserting a period after "Canal Zone" the first time these words appear and deleting all thereafter in such section 201(a)(2).

(h) The last sentence of Section 801(a) of the Federal Food, Drug and Cosmetic Act (21 USC 381(a) is amended (1) by striking out "This paragraph" and inserting in lieu thereof "Clause (2) of the third sentence of this paragraph," and (2) by striking out "section 2 of the Act of May 26, 1922, as amended (USC 1934, edition, title 21, sec 173)" and inserting in lieu thereof "the Controlled Substances Import and Export Act."

(i)

• (1) Section 1114 of title 18, United States Code, is amended by striking out "the Bureau of Narcotics" and inserting in lieu thereof "the Bureau of Narcotics and Dangerous Drugs".
• (2) Section 1952 of such title is amended-
  • (A) by inserting in subsection (b)(1) "or controlled substances (as defined in section 102(6) of the Controlled Substances Act)" immediately following "narcotics"; and
  • (B) by striking out "or narcotics" in subsection (c).

(j) Subsection (a) of section 302 of the Public Health Service Act (42 USC 242(a)) is amended to read as follows:

• (a) In carrying out the purposes of section 241 of this title with respect to drugs the use or misuse of which might result in drug abuse or dependency, the studies and investigations authorized therein shall include the use and misuse of narcotic drugs and other drugs. Such studies and investigations shall further include the quantities of crude opium, coca leaves, and their salts, derivatives, and preparations, and other drugs subject to control under the Controlled Substances Act (21 U.S.C. 801 et seq.) and Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), together with reserves thereof, necessary to supply the normal and emergency medicinal and scientific requirements of the United States. The results of studies and investigations of the quantities of narcotic drugs or other drugs subject to control under such Acts, together with reserves of such drugs, that are necessary to supply the normal and emergency medicinal and scientific requirements of the United States, shall be reported not later than the first day of April of each year to the Attorney General, to be used at his discretion in determining manufacturing quotas or importation requirements under such Acts.

§ 702 [321 note] Pending Proceedings

(a) Prosecutions for any violation of law occurring prior to the effective date (see Effective Date of 1970 Amendment note above) of section 701 (repealing section 360a of this title, and 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) shall not be affected by the repeals or amendments made by such section, or abated by reason thereof.

(b) Civil seizures or forfeitures and injunctive proceedings commenced prior to the effective date of section 701 shall not be affected by the repeals or amendments made by such section, or abated by reason thereof.

(c) All administrative proceedings pending before the Bureau of Narcotics and Dangerous Drugs (now the Drug Enforcement Administration) on the date of enactment of this Act (Oct. 27, 1970) shall be continued and brought to final determination in accord with laws and regulations in effect prior to such date of enactment. Where a drug is finally determined under such proceedings to be a depressant or stimulant drug, as defined in section 201(v) of the Federal Food, Drug, and Cosmetic Act (par. (v) of this section), such drug shall automatically be controlled under this title (subchapter I of chapter 13 of this title) by the Attorney General without further proceedings and listed in the appropriate schedule after he has obtained the recommendation of the Secretary. Any drug with respect to which such a final determination has been made prior to the date of enactment of this Act which is not listed in section 202 (section 812 of this title) within schedules I through V shall automatically be controlled under this title (subchapter I of chapter 13 of this title) by the Attorney General without further proceedings, and be listed in the appropriate schedule, after he has obtained the recommendations of the Secretary.

(d) Notwithstanding subsection (a) of this section or section 1103 (of Pub. L. 91-513, set out as a note under sections 171 to 174 of this title), section 4202 of title 18, United States Code, shall apply to any individual convicted under any of the laws repealed by this title or title III (subchapter I or subchapter II of chapter 13 of this title) without regard to the terms of any sentence imposed on such individual under such law.

§ 703 [822 note] Provisional Proceedings

• (a)
  • (1) Any person who -
    • (A) is engaged in manufacturing, distributing, or dispensing any controlled substance on the day before the effective date of section 302 (this section), and
    • (B) is registered on such day under section 510 of the Federal Food, Drug, and Cosmetic Act (section 360 of this title) or under section 4722 of the Internal Revenue Code of 1986 (formerly I.R.C. 1954, section 4722 of Title 26),
      
      
    shall, with respect to each establishment for which such registration is in effect under any such section, be deemed to have a provisional registration under section 303 (section 823 of this title) for the manufacture, distribution, or dispensing (as the case may be) of controlled substances.
    
    
  • (2) During the period his provisional registration is in effect under this section, the registration number assigned such person under such section 510 (section 360 of this title) or under such section 4722 (section 4722 of Title 26) (as the case may be) shall be his registration number for purposes of section 303 of this title (section 823 of this title).

• (b) The provisions of section 304 (section 824 of this title), relating to suspension and revocation of registration, shall apply to a provisional registration under this section.

• (c) Unless sooner suspended or revoked under subsection (b), a provisional registration of a person under subsection (a)(1) of this section shall be in effect until -
  • (1) the date on which such person has registered with the Attorney General under section 303 (section 823 of this title) or has had his registration denied under such section, or
  • (2) such date as may be prescribed by the Attorney General for registration of manufacturers, distributors, or dispensers, as the case may be, whichever occurs first.

§ 704 [801 note] Effective Dates and Other Transitional Provisions.

(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).

§ 705 [801 note] Continuation of Regulations.

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.

§ 706 [901] Severability

If a provision of this chapter is held invalid, all valid provisions that are severable shall remain in effect. If a provision of this chapter is held invalid in one or more of its applications, the provision shall remain in effect in all its valid applications that are severable.

§ 707 [902] Savings Provision

Nothing in this chapter, except this part and, to the extent of any inconsistency, sections 827(e) and 829 of this title, shall be construed as in any way affecting, modifying, repealing, or superseding the provisions of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.).

§ 708 [903] Application of State Law

No provision of this subchapter shall be construed as indicating an intent on the part of the Congress to occupy the field in which that provision operates, including criminal penalties, to the exclusion of any State law on the same subject matter which would otherwise be within the authority of the State, unless there is a positive conflict between that provision of this subchapter and that State law so that the two cannot consistently stand together.

§ 709 [904] Payment of Tort Claims

Notwithstanding section 2680(k) of title 28, the Attorney General, in carrying out the functions of the Department of Justice under this subchapter, is authorized to pay tort claims in the manner authorized by section 2672 of title 28, when such claims arise in a foreign country in connection with the operations of the Drug Enforcement Administration abroad.

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