Regulations
& Codified CSA > USC > Subchapter
I, Part C > Section 828
Section 828. Order Forms
Unlawful distribution of controlled substances
(a) It shall be unlawful for any person to distribute a controlled substance in schedule I or II to
another except in pursuance of a written order of the person to whom such substance is
distributed, made on a form to be issued by the Attorney General in blank in accordance with
subsection (d) of this section and regulations prescribed by him pursuant to this section.
Nonapplicability of provisions
(b) Nothing in subsection (a) of this section shall apply to --
(1) the exportation of such substances from the United States in conformity with
subchapter II of this chapter
(2) the delivery of such a substance to or by a common or contract carrier for
carriage in the lawful and usual course of its business, or to or by a warehouseman
for storage in the lawful and usual course of its business; but where such carriage
or storage is in connection with the distribution by the owner of the substance to a
third person, this paragraph shall not relieve the distributor from compliance with
subsection (a) of this section.
Preservation and availability
(c)(1) Every person who in pursuance of an order required under subsection (a) of
this section distributes a controlled substance shall preserve such order for a period
of two years, and shall make such order available for inspection and copying by
officers and employees of the United States duly authorized for that purpose by the
Attorney General, and by officers or employees of States or their political
subdivisions who are charged with the enforcement of State or local laws regulating
the production, or regulating the distribution or dispensing, of controlled substances
and who are authorized under such laws to inspect such orders.
(2) Every person who gives an order required under subsection (a) of this section
shall, at or before the time of giving such order, make or cause to be made a
duplicate thereof on a form to be issued by the Attorney General in blank in
accordance with subsection (d) of this section and regulations prescribed by him
pursuant to this section, and shall, if such order is accepted, preserve such duplicate
for a period of two years and make it available for inspection and copying by the
officers and employees mentioned in paragraph (1) of this subsection.
Issuance
(d)(1) The Attorney General shall issue forms pursuant to subsections (a) and (c)(2)
of this section only to persons validly registered under section 823 of this title (or
exempted from registration under section 822(d) of this title). Whenever any such
form is issued to a person, the Attorney General shall, before delivery thereof, insert
therein the name of such person, and it shall be unlawful for any other person (A) to
use such form for the purpose of obtaining controlled substances or (B) to furnish
such form to any person with intent thereby to procure the distribution of such
substances.
(2) The Attorney General may charge reasonable fees for the issuance of such forms
in such amounts as he may prescribe for the purpose of covering the cost to the
United States of issuing such forms, and other necessary activities in connection
therewith.
Unlawful acts
(e) It shall be unlawful for any person to obtain by means of order forms issued under this section
controlled substances for any purpose other than their use, distribution, dispensing, or
administration in the conduct of a lawful business in such substances or in the course of his
professional practice or research.
(Pub.L. 91-513, Title II, Section 308, Oct. 27, 1970, 84 Stat. 1259.)
EDITORIAL NOTES
References in Text. Schedules I and II, referred to in subsec. (a), are set out in section 812(c) of
this title.
Subchapter II of this chapter, referred to in subsec. (b)(1), was in the original "title III", meaning
Title III of Pub.L. 91-513, Oct. 27, 1970, 84 Stat. 1285. Part A of Title III comprises subchapter
II of this chapter. For classification of Part B, consisting of sections 1101 to 1105 of Title III, see
U.S.C.A. Tables volume.
Code of Federal Regulations
Forms requirements, see 21 CFR 1305.01 et seq.
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