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21 USC Sec. 801a 01/22/02
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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
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Sec.801a. Congressional findings
and declarations: psychotropic substances
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The Congress makes the following
findings and declarations:
(1) The Congress has long
recognized the danger involved in the manufacture,
distribution, and use of certain psychotropic substances
for nonscientific and nonmedical purposes, and has provided
strong and effective legislation to control illicit trafficking
and to regulate legitimate uses of psychotropic substances
in this country. Abuse of psychotropic substances has become
a phenomenon common to many countries, however, and is not confined
to national borders. It is, therefore, essential that the
United States cooperate with other nations in establishing effective
controls over international traffic in such substances.
(2) The United States has
joined with other countries in executing an international treaty, entitled
the Convention on Psychotropic Substances and signed at Vienna, Austria,
on February 21, 1971, which is designed to establish suitable controls
over the manufacture, distribution, transfer, and use of certain psychotropic
substances. The Convention is not self-executing, and the obligations
of the United States thereunder may only be performed pursuant to appropriate
legislation. It is the intent of the Congress that the amendments made
by this Act, together with existing law, will enable the United States
to meet all of its obligations under the Convention and that no further
legislation will be necessary for that purpose.
(3) In implementing the Convention
on Psychotropic Substances, the Congress intends that, consistent with
the obligations of the United States under the Convention, control of
psychotropic substances in the United States should be accomplished
within the framework of the procedures and criteria for classification
of substances provided in the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. 801 et seq.). This
will insure that (A)
the availability of psychotropic substances to manufacturers,
distributors, dispensers, and researchers for useful
and legitimate medical and scientific purposes will not be unduly
restricted; (B) nothing in the Convention will interfere with
bona fide research activities; and (C) nothing in the Convention
will interfere with ethical medical practice in this country
as determined by the Secretary of Health and Human Services
on the basis of a consensus of the views of the American medical
and scientific community.
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(Pub. L. 95-633, title I,
Sec. 101, Nov. 10, 1978, 92 Stat. 3768;
Pub. L. 96-88, title
V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)
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REFERENCES
IN TEXT
This Act, referred to in
par. (2), is Pub. L. 95-633, Nov. 10, 1978, 92 Stat. 2768, as amended,
known as the Psychotropic Substances
Act of 1978, which enacted sections 801a, 830,
and 852 of
this title, amended 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, repealed section 830
of this title effective
Jan. 1, 1981, and enacted provisions set out as
notes under sections 801, 801a,
812, and 830 of this title.
For complete classification
of this Act to the Code, see Short Title of 1978
Amendment note set out under section 801 of this
title and Tables.
The Comprehensive Drug Abuse
Prevention and Control Act of 1970, referred
to in par. (3), is Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1236,
as amended, which is classified principally to this chapter (Sec.
801 et seq.). For complete classification of this
Act to the Code, see
Short Title note set out under section 801 of
this title and Tables.
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CODIFICATION
Section was enacted as a
part of the Psychotropic Substances Act of
1978, and not as a part of the Controlled Substances Act which comprises
this subchapter.
-CHANGE-
CHANGE
OF NAME
''Secretary of Health and
Human Services'' substituted for ''Secretary
of Health, Education, and Welfare'' in par. (3) pursuant
to section 509(b) of Pub. L. 96-88, which is classified to section
3508(b) of Title 20, Education.
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EFFECTIVE
DATE
Section 112 of title I of
Pub. L. 95-633 provided that: ''This title
(enacting this section and section 852 of this
title, amending sections
352, 802, 811, 812,
823, 827, 872,
952, and 953
of this title and section 242a of Title 42, The Public Health and Welfare,
and enacting provisions set out as notes under sections 801
and 812 of this title) and the amendments made
by this title shall take effect on the date the Convention on Psychotropic
Substances, signed at Vienna, Austria on February 21, 1971, enters into
force in respect to the United States.'' (The Convention entered into
force in respect to the United States on July 15, 1980.)
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