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Regulations
& Codified CSA > USC > Subchapter
I, Part C > Section 829
Section 829. Prescriptions
Schedule II substances
(a) Except when dispensed directly by a practitioner, other than a pharmacist, to an ultimate user,
no controlled substance in schedule II, which is a prescription drug as determined under the
Federal Food, Drug, and Cosmetic Act, may be dispensed without the written prescription of a
practitioner, except that in emergency situations, as prescribed by the Secretary by regulation
after consultation with the Attorney General, such drug may be dispensed upon oral prescription
in accordance with section 503(b) of that Act. Prescriptions shall be retained in conformity with
the requirements of section 827 of this title. No prescription for a controlled substance in
schedule II may be refilled.
Schedule III and IV substances
(b) Except when dispensed directly by a practitioner, other than a pharmacist, to an ultimate user,
no controlled substance in schedule III or IV, which is a prescription drug as determined under
the Federal Food, Drug, and Cosmetic Act, may be dispensed without a written or oral
prescription in conformity with section 503(b) of that Act. Such prescriptions may not be filled
or refilled more than six months after the date thereof or be refilled more than five times after the
date of the prescription unless renewed by the practitioner.
Schedule V substances
(c) No controlled substance in schedule V which is a drug may be distributed or dispensed other
than for a medical purpose.
Non-prescription drugs with abuse potential
(d) Whenever it appears to the Attorney General that a drug not considered to be a prescription
drug under the Federal Food, Drug, and Cosmetic Act should be so considered because of its
abuse potential, he shall so advise the Secretary and furnish to him all available data relevant
thereto.
(Pub.L. 91-513, Title II, Section 309, Oct. 27, 1970, 84 Stat. 1260.)
EDITORIAL NOTES
References in Text. Schedules II, III, IV, and V, referred to in text, are set out in section 812(c)
of this title.
The Federal Food, Drug, and Cosmetic Act, referred to in subsecs. (a), (b), and (d), is Act June
25, 1938, c. 675, 52 Stat. 1040, as amended, which is classified generally to chapter 9 (section
301 et seq.) of Title 21 U.S.C.A., Food and Drugs. Section 503(b) of that Act is classified to
section 353(b) of Title 21.
Effect of Scheduling on Prescriptions. Pub.L. 101-647, Title XIX, Section 1902(c), Nov. 29,
1990, 104 Stat. 4852, provided that: "Any prescription for anabolic steroids subject to refill on
or after the date of enactment [Nov. 29, 1990] of the amendments made by this section [enacting
sections 802(41) and 812(c) Schedule III(e) of this title and this note] may be refilled without
restriction under section 309(a) of the Controlled Substances Act (21 U.S.C. 829(a)) [subsec. (a)
of this section]."
[Section 1902(d) of Pub.L. 101-647 provided in part that section 1902 and the amendments made
by such section shall take effect 90 days after the date of enactment of Pub.L. 101-647, which
was approved Nov. 29, 1990.]
Code of Federal Regulations
Prescription requirements, see 21 CFR 1306.01 et seq. Back
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