(a) Unlawful
distribution of controlled substances
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.
(b) Nonapplicability
of provisions
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.
(c) Preservation
and availability
(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.
(d) Issuance
(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.
(e) Unlawful
acts
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,
Sec. 308, Oct. 27, 1970, 84 Stat. 1259.)