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TITLE
21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
PART A - INTRODUCTORY PROVISIONS
801. Congressional
findings and declarations: controlled substances.
801a. Congressional
findings and declarations: psychotropic substances.
802. Definitions.
803. Repealed.
PART B - AUTHORITY TO CONTROL;
STANDARDS AND SCHEDULES
811. Authority
and criteria for classification of substances.
(a) Rules
and regulations of Attorney General; hearing.
(b) Evaluation of drugs and other substances.
(c) Factors determinative of control or removal from
schedules.
(d) International treaties, conventions, and protocols
requiring control; procedures respecting changes in drug schedules of Convention
on Psychotropic Substances.
(e) Immediate precursors.
(f) Abuse potential.
(g) Exclusion of non-narcotic substances sold over
the counter without a prescription; dextromethorphan; exemption of substances
lacking abuse potential.
(h) Temporary scheduling to avoid imminent hazards
to public safety.
812. Schedules
of controlled substances.
(a) Establishment.
(b) Placement on schedules; findings required.
(c) Initial schedules of controlled substances.
813. Treatment
of controlled substance analogues.
814. Removal
of exemption of certain drugs.
(a) Removal
of exemption.
(b) Factors to be considered.
(c) Specificity of designation.
(d) Reinstatement of exemption with respect to particular
drug products.
(e) Reinstatement of exemption with respect to ephedrine,
pseudoephedrine, and phenylpropanolamine drug products.
PART C - REGISTRATION OF MANUFACTURERS,
DISTRIBUTORS, AND DISPENSERS OF CONTROLLED SUBSTANCES
821. Rules
and regulations.
822. Persons
required to register.
(a) Period
of registration.
(b) Authorized activities.
(c) Exceptions.
(d) Waiver.
(e) Separate registration.
(f) Inspection.
823. Registration
requirements.
(a) Manufacturers
of controlled substances in schedule I or II.
(b) Distributors of controlled substances in schedule
I or II.
(c) Limits of authorized activities.
(d) Manufacturers of controlled substances in schedule
III, IV, or V.
(e) Distributors of controlled substances in schedule
III, IV, or V.
(f) Research by practitioners; pharmacies; research
applications; construction of Article 7 of the Convention on Psychotropic
Substances.
(g) Practitioners dispensing narcotic drugs for narcotic
treatment; annual registration; separate registration; qualifications; waiver.
(h) Applicants for distribution of list I chemicals.
824. Denial,
revocation, or suspension of registration.
(a) Grounds.
(b) Limits of revocation or suspension.
(c) Service of show cause order; proceedings.
(d) Suspension of registration in cases of imminent
danger.
(e) Suspension and revocation of quotas.
(f) Disposition of controlled substances or list I
chemicals.
(g) Seizure or placement under seal of controlled substances
or list I chemicals.
825. Labeling
and packaging.
(a) Symbol.
(b) Unlawful distribution without identifying symbol.
(c) Warning on label.
(d) Containers to be securely sealed.
826. Production
quotas for controlled substances.
(a) Establishment
of total annual needs.
(b) Individual production quotas; revised quotas.
(c) Manufacturing quotas for registered manufacturers.
(d) Quotas for registrants who have not manufactured
controlled substance during one or more preceding years.
(e) Quota
increases.
(f) Incidental production exception.
827. Records
and reports of registrants.
(a) Inventory.
(b) Availability of records.
(c) Nonapplicability.
(d) Periodic reports to Attorney General.
(e) Reporting and recordkeeping requirements of drug
conventions.
(f) Investigational uses of drugs; procedures.
(g) Change of address.
(h) Reporting requirements for GHB.
828. Order
forms.
(a) Unlawful
distribution of controlled substances.
(b) Nonapplicability of provisions.
(c) Preservation and availability.
(d) Issuance.
(e) Unlawful acts.
829. Prescriptions.
(a) Schedule
II substances.
(b) Schedule III and IV substances.
(c) Schedule V substances.
(d) Non-prescription drugs with abuse potential.
830. Regulation
of listed chemicals and certain machines.
(a) Record
of regulated transactions.
(b) Reports to Attorney General.
(c) Confidentiality of information obtained by Attorney
General; non-disclosure; exceptions.
PART D - OFFENSES AND PENALTIES
841. Prohibited
acts A.
(a) Unlawful
acts.
(b) Penalties.
(c) Offenses involving listed chemicals.
(d) Boobytraps on Federal property; penalties; ''boobytrap''
defined.
(e) Ten-year injunction as additional penalty.
(f) Wrongful distribution or possession of listed chemicals.
842. Prohibited
acts B.
(a) Unlawful
acts.
(b) Manufacture.
(c) Penalties.
843. Prohibited
acts C.
(a) Unlawful
acts.
(b) Communication facility.
(c) Advertisement.
(d) Penalties.
(e) Additional penalties.
(f) Injunctions.
844. Penalties
for simple possession.
(a) Unlawful
acts; penalties.
(b) Repealed.
(c) ''Drug, narcotic, or chemical offense'' defined.
844a. Civil penalty for possession of small amounts
of certain controlled substances.
(a) In general.
(b) Income and net assets.
(c) Prior conviction.
(d) Limitation on number of assessments.
(e) Assessment.
(f) Compromise.
(g) Judicial review.
(h) Civil action.
(i) Limitation.
(j) Expungement procedures.
845 to 845b.
Transferred.
846. Attempt
and conspiracy.
847. Additional
penalties.
848. Continuing
criminal enterprise.
(a) Penalties;
forfeitures.
(b) Life imprisonment for engaging in continuing criminal
enterprise.
(c) ''Continuing criminal enterprise'' defined.
(d) Suspension of sentence and probation prohibited.
(e) Death penalty.
(g) Hearing required with respect to death penalty.
(h) Notice by Government in death penalty cases.
(i) Hearing before court or jury.
(j) Proof of aggravating and mitigating factors.
(k) Return of findings.
(l) Imposition of sentence.
(m) Mitigating factors.
(n) Aggravating factors for homicide.
(o) Right of defendant to justice without discrimination.
(p) Sentencing in capital cases in which death penalty
is not sought or imposed.
(q) Appeal in capital cases; counsel for financially
unable defendants.
(r) Refusal to participate by State and Federal correctional
employees.
849. Transportation
safety offenses.
(a) Definitions.
(b) First offense.
(c) Subsequent offense.
850. Information
for sentencing.
851. Proceedings
to establish prior convictions.
(a) Information
filed by United States Attorney.
(b) Affirmation or denial of previous conviction.
(c) Denial; written response; hearing.
(d) Imposition of sentence.
(e) Statute of limitations.
852. Application
of treaties and other international agreements.
853. Criminal
forfeitures.
(a) Property
subject to criminal forfeiture.
(b) Meaning of term ''property''.
(c) Third party transfers.
(d) Rebuttable presumption.
(e) Protective orders.
(f) Warrant of seizure.
(g) Execution.
(h) Disposition of property.
(i) Authority of the Attorney General.
(j) Applicability of civil forfeiture provisions.
(k) Bar on intervention.
(l) Jurisdiction to enter orders.
(m) Depositions.
(n) Third party interests.
(o) Construction.
(p) Forfeiture of substitute property.
(q) Restitution for cleanup of clandestine laboratory
sites.
853a. Transferred.
854. Investment
of illicit drug profits.
(a) Prohibition.
(b) Penalty.
(c) ''Enterprise'' defined.
(d) Construction.
855. Alternative
fine.
856. Establishment
of manufacturing operations.
(a) Unlawful
acts.
(b) Penalties.
(c) Violation as offense against property.
857. Repealed.
858. Endangering
human life while illegally manufacturing controlled substance.
859. Distribution
to persons under age twenty-one.
(a) First
offense.
(b) Second offense.
860. Distribution
or manufacturing in or near schools and colleges.
(a) Penalty.
(b) Second offenders.
(c) Employing children to distribute drugs near schools
or playgrounds.
(d) Suspension of sentence; probation; parole.
(e) Definitions.
861. Employment
or use of persons under 18 years of age in drug operations.
(a) Unlawful
acts.
(b) Penalty for first offense.
(c) Penalty for subsequent offenses.
(d) Penalty for providing or distributing controlled
substance to underage person.
(e) Suspension of sentence; probation; parole.
(f) Distribution of controlled substance to pregnant
individual.
862. Denial
of Federal benefits to drug traffickers and possessors.
(a) Drug
traffickers.
(b) Drug possessors.
(c) Suspension of period of ineligibility.
(d) Definitions.
(e) Inapplicability of this section to Government witnesses.
(f) Indian
provision.
(g) Presidential report.
(h) Effective date.
862a. Denial
of assistance and benefits for certain drug-related convictions.
(a) In general.
(b) Effects on assistance and benefits for others.
(c) Enforcement.
(d) Limitations.
(e) ''State'' defined.
(f) Rule of interpretation.
862b. Sanctioning
for testing positive for controlled substances.
863. Drug
paraphernalia.
(a) In general.
(b) Penalties.
(c) Seizure and forfeiture.
(d) ''Drug paraphernalia'' defined.
(e) Matters considered in determination of what constitutes
drug paraphernalia.
(f) Exemptions.
864. Anhydrous
ammonia.
PART E - ADMINISTRATIVE AND ENFORCEMENT
PROVISIONS
871. Attorney
General.
(a) Delegation
of functions.
(b) Rules and regulations.
(c) Acceptance of devises, bequests, gifts, and donations.
872. Education
and research programs of Attorney General.
(a) Authorization.
(b) Contracts.
(c) Identification of research populations; authorization
to withhold.
(d) Affect of treaties and other international agreements
on confidentiality.
(e) Use of controlled substances in research.
(f) Program to curtail diversion of precursor and essential
chemicals.
872a. Public-private
education program.
(a) Advisory
panel.
(b) Continuation of current efforts.
873. Cooperative
arrangements.
(a) Cooperation
of Attorney General with local, State, and Federal agencies.
(b) Requests by Attorney General for assistance from
Federal agencies or instrumentalities.
(c) Descriptive and analytic reports by Attorney General
to State agencies of distribution patterns of schedule II substances having
highest rates of abuse.
(d) Grants by Attorney General.
874. Advisory
committees.
875. Administrative
hearings.
(a) Power
of Attorney General.
(b) Procedures applicable.
876. Subpenas.
(a) Authorization
of use by Attorney General.
(b) Service.
(c) Enforcement.
877.
Judicial review.
878. Powers
of enforcement personnel.
879. Search
warrants.
880. Administrative
inspections and warrants.
(a) ''Controlled
premises'' defined.
(b) Grant of authority; scope of inspections.
(c) Situations not requiring warrants.
(d) Administrative inspection warrants; issuance; execution;
probable cause.
881. Forfeitures.
(a) Subject
property.
(b) Seizure procedures.
(c) Custody of Attorney General.
(d) Other laws and proceedings applicable.
(e) Disposition of forfeited property.
(f) Forfeiture and destruction of schedule I and II
substances.
(g) Plants.
(h) Vesting of title in United States.
(i) Stay of civil forfeiture proceedings.
(j) Venue.
(l) Agreement between Attorney General and Postal Service
for performance of functions.
881-1, 881a.
Transferred.
882. Injunctions.
(a) Jurisdiction.
(b) Jury trial.
883. Enforcement
proceedings.
884. Immunity
and privilege.
(a) Refusal
to testify.
(b) Order of United States district court.
(c) Request by United States attorney.
885. Burden
of proof; liabilities.
(a) Exemptions
and exceptions; presumption in simple possession offenses.
(b) Registration and order forms.
(c) Use of vehicles, vessels, and aircraft.
(d) Immunity of Federal, State, local and other officials.
886. Payments
and advances.
(a) Payment
to informers.
(b) Reimbursement for purchase of controlled substances.
(c) Advance of funds for enforcement purposes.
(d) Drug Pollution Fund.
886a. Diversion
Control Fee Account.
887. Coordination
and consolidation of post-seizure administration.
888. Repealed.
889. Production
control of controlled substances.
(a) Definitions.
(b) Persons ineligible for Federal agricultural program
benefits.
(c) Regulations.
890. Review
of Federal sales of chemicals usable to manufacture controlled substances.
PART F - GENERAL PROVISIONS
901. Severability.
902. Savings
provisions.
903. Application
of State law.
904. Payment
of tort claims.
SUBCHAPTER II - IMPORT AND EXPORT
951. Definitions.
952.
Importation of controlled substances.
(a) Controlled
substances in schedule I or II and narcotic drugs in schedule III, IV, or
V; exceptions.
(b) Nonnarcotic controlled substances in scheduleIII,
IV, or V.
(c) Coca leaves.
953.
Exportation of controlled substances.
(a) Narcotic
drugs in schedule I, II, III, or IV.
(b) Exception
for exportation for special scientific purposes.
(c) Nonnarcotic controlled substances in schedule I
or II.
(d) Exception for exportation for special scientific
purposes.
(e) Nonnarcotic controlled substances in schedule III
or IV; controlled substances in schedule V.
954.
Transshipment and in-transit shipment of controlled substances.
955. Possession
on board vessels, etc., arriving in or departing from United States.
955a. Transferred.
956. Exemption
authority.
(a) Individual
possessing controlled substance.
(b) Compound, mixture, or preparation.
957.
Persons required to register.
(a) Coverage.
(b) Exemptions.
958.
Registration requirements.
(a) Applicants
to import or export controlled substances in schedule I or II.
(b) Activity limited to specified substances.
(c) Applicants to import controlled substances in schedule
III, IV, or V or to export controlled substances in schedule III or IV;
applicants to import or export list I chemicals.
(d) Denial of applications.
(e) Registration period.
(f) Rules and regulations.
(g) Scope of authorized activity.
(h) Separate registrations for each principal place
of business.
(i) Emergency situations.
959.
Possession, manufacture, or distribution of controlled substance.
(a) Manufacture
or distribution for purpose of unlawful importation.
(b) Possession, manufacture, or distribution by person
on board aircraft.
(c) Acts committed outside territorial jurisdiction
of United States; venue.
960. Prohibited
acts A.
(a) Unlawful
acts.
(b) Penalties.
(c) Repealed.
(d) Penalty for importation or exportation.
961. Prohibited
acts B.
962. Second
or subsequent offenses.
(a) Term
of imprisonment and fine.
(b) Determination of status.
(c) Procedures applicable.
963. Attempt
and conspiracy.
964. Additional
penalties.
965. Applicability
of part E of subchapter I.
966. Authority
of Secretary of the Treasury.
967. Smuggling
of controlled substances; investigations; oaths; subpenas; witnesses; evidence;
production of records; territorial limits; fees and mileage of witnesses.
968. Service
of subpena; proof of service.
969. Contempt
proceedings.
970. Criminal
forfeitures.
971. Notification,
suspension of shipment, and penalties with respect to importation and exportation
of listed chemicals.
(a) Notification
prior to transaction.
(b) Regular customers or importers.
(c) Suspension of importation or exportation; disqualification
of regular customers or importers; hearing.
(d) Broker or trader for international transaction
in listed chemical.
(e) Application of notification requirement to exports
of listed chemical; waiver.
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