< Back to H.R. 18583 (91st Congress, 1969–1971)

Text of the An Act to amend the Public Health Service Act and other laws to provide increased research, into, and prevention of, ...

...and prevention of, drug abuse and drug dependence; to provide for treatment and rehabilitation of drug abusers and drug dependent persons;

This bill was enacted on October 27, 1970. The text of the bill below is as of Oct 27, 1970 (Passed Congress/Enrolled Bill).

1236                                        PUBLIC LAW 91-513-OCT. 27, 1970                                 [84 STAT.

                    Public Law 91-513
October 27, 1970                                              ^^ A C T
 [H. R. 18583]      T^ amend the Public H e a l t h Service Act and other laws to provide increased
                      research into, and prevention of, d r u g abuse and d r u g dependence; to provide
                      for t r e a t m e n t and rehabilitation of d r u g abusers and d r u g dependent per-
                      sons ; and to strengthen existing law enforcement a u t h o r i t y in the fleld of
                      d r u g abuse.

                  Be it enacted hy the Senate and House of Representatives of the
  Comprehensive United States of America in Congress assembled^ That this Act may
venfi^^and Con- ^ cited RS the "Comprehensive Drug Abuse Prevention and Control
trol Act of 1970.   A c t of      1970".
                                                       T A B L E O F CONTENTS
                    T I T L E I — R E H A B I L I T A T I O N PROGRAMS R E L A T I N G TO D R U G A B U S E
                    Sec. 1. P r o g r a m s under Community Mental H e a l t h Centers Act relating to drug
                               abuse.
                    Sec. 2. B r o a d e r t r e a t m e n t a u t h o r i t y in Public Health Service hospitals for per-
                               sons w i t h d r u g abuse and other d r u g dependence problems.
                    Sec. 3. Research under the Public Health Service Act in d r u g use, abuse, a n d
                               addiction.
                    Sec. 4. Medical t r e a t m e n t of narcotic addiction.
                                        T I T L E II—CONTROL AND                ENFORCEMENT
                            PART A — S H O R T T I T L E ; F I N D I N G S AND DECLARATION ; D E F I N I T I O N S

                    Sec.   100.   Short title.
                    Sec.   101.   Findings and declarations.
                    Sec.   102.   Definitions.
                    Sec.   103.   Increased numbers of enforcement personnel.
                               PART B — A U T H O R I T Y T O CONTROL; STANDARDS AND SCHEDULES

                    Sec. 201. Authority and criteria for classification of substances.
                    Sec. 202. Schedules of controlled substances.
                    PART C—REGISTRATION OF MANUFACTURERS, DISTRIBUTORS, AND D I S P E N S E R S OF
                                           CONTROLLED SUBSTANCES

                    Sec.   301.   Rules and regulations.
                    Sec.   302.   Persons required to register.
                    Sec.   303.   Registration requirements.
                    Sec.   304.   Denial, revocation, or suspension of registration.
                    Sec.   305.   Labeling and packaging requirements.
                    Sec.   306.   Quotas applicable to certain substances.
                    Sec.   307.   Records and reports of registrants.
                    Sec.   308.   Order forms.
                    Sec.   309.   Prescriptions.
                                                PART D — O F F E N S E S AND P E N A L T I E S

                    Sec.   401.   Prohibited acts A—penalties.
                    Sec.   402.   Prohibited acts B—penalties.
                    Sec.   403.   Prohibited acts C—penalties.
                    Sec.   404.   Penalty for simple possession; conditional discharge and expunging of
                                    records for first offense.
                    Sec.   405.   Distribution to persons under age twenty-one.
                    Sec.   406.   Attempt a n d conspiracy.
                    Sec.   407.   Additional penalties.
                    Sec.   408.   Continuing criminal enterprise.
                    Sec.   409.   Dangerous special d r u g offender sentencing.
                    Sec.   410.   Information for sentencing.
                    Sec.   411.   Proceedings to establish previous convictions.

84 STAT. ] PUBLIC LAW 91-513-OCT. 27, 1970 1237 T A B L E O F CONTENTS—Continued T I T L E II—CONTROL ANT} ENFORCEMENT—Continued PART E—^ADMINISTRATIVE AND ENFORCEMENT PROVISIONS Sec. 501. Procedures. Sec. 502. Education and research programs of the Attorney General. Sec. 503. Cooperative arrangements. See. 504. Advisory committees. Sec. 505. Administrative hearings. Sec. 506. Subpenas. Sec. 507. Judicial revieve. Sec. 508. Powers of enforcement personnel. Sec. 509. Search vparrants. Sec. 510. Administrative inspections and M^arrants. Sec. 511. Forfeitures. Sec. 512. Injunctions. Sec. 513. Enforcement proceedings. See. 514. Immunity and privilege. Sec. 515. Burden of proof; liabilities. Sec. 516. P a y m e n t s a n d advances. P A R T F—^ADVISORT COMMISSION Sec. 601. Establishment of Commission on M a r i h u a n a and D r u g Abuse. PART G—CONFORMING, TRANSITIONAL, AND EFFECTIVE DATE, AND GENERAL PROVISIONS Sec. 701. Repeals and conforming amendments. Sec. 702. Pending proceedings. Sec. 703. Provisional registration. Sec. 704. Effective d a t e s a n d other transitional provisions. Sec. 705. Continuation of regulations. Sec. 706. Severability. Sec. 707. Saving provision. Sec. 708. Application of State law. Sec. 709. Appropriations authorizations. T I T L E I I I — I M P O R T A T I O N AND E X P O R T A T I O N ; AMENDMENTS AND R E P E A L S O F R E V E N U E LAWS Sec. 1000. Short title. P A R T A—IMPORTATION AND EXPORTATION Sec. 1001. Definitions. Sec. 1002. Importation of controlled substances. Sec. 1003. Exportation of controlled substances. Sec. 1004. Transshipment and in-transit shipment of controlled substances. Sec. 1005. Possession on board vessels, etc., arriving in or departing from United States. Sec. 1006. Exemption authority. Sec. 1007. Persons required to register. Sec. 1008. Registration requirements. Sec. 1009. Manufacture or distribution for purposes of unlawful importation. Sec. 1010. Prohibited a c t s A—penalties. Sec. 1011. Prohibited acts B—penalties. Sec. 1012. Second or subsequent offenses. Sec. 1013. Attempt and conspiracy. Sec. 1014. Additional penalties. Sec. 1015. Applicability of pant E of title I I . Sec. 1016. Authority of Secretary of Treasury. PART B — A M E N D M E N T S AND RnaPEALS, TRANSITIONAL AND EFFECTIVE DATE PROVISIONS Sec. 1101. Repeals. Sec. 1102. Conforming amendments. Sec. 1103. Pending proceedings. Sec. 1104. Provisional registration. Sec. 1105. Effective dates a n d other transitional provisions. T I T L E I V — R E P O R T ON ADVISORY COUNCILS Sec. 1200. Report on advisory councils.
1238 PUBLIC LAW 91-513-OCT. 27, 1970 [84 STAT. TITLE I—REHABILITATION PROGRAMS RELATING TO DRUG A B U S E PROGRAMS UNDER C O M M U N I T Y M E N T A L H E A L T H CENTERS ACT RELATING TO DRUG ABUSE SECTION 1. (a) P a r t D of the Community Mental Health Centers Act is amended as follows: (1) Sections 251, 252, and 253 of such part (42 U.S.C. 2688k, 26881, 82 Stat. 1009. and 2688m) are each amended by inserting "and other persons with drug abuse and drug dependence problems" immediately after "nar- cotic addicts" each place those words appear in those sections. (2) Clauses (A) and (C) of section 252 of such part are each amended by inserting ", drug abuse, and drug dependence" immedi- ately after "narcotic addiction". (3) The heading for such part is amended to read as follows: " P A R T I)—NARCOTIC ADDICTION, DRUG ABUSE, AND DRUG DEPENDENCE PREVENTION AND REHABILITATION". (b) Part E of such Act is amended as follows: Ante, p. 57. (J) Sectiou 261(a) of such part (42 U.S.C. 2688o) is amended by striking out "$30,000,000 for the fiscal year ending June 30, 1971, $35,000,000 for the fiscal year ending June 30, 1972, and $40,000,000 for the fiscal year ending June 30, 1973" and inserting in lieu thereof "$40,000,000 for the fiscal year ending June 30, 1971, $60,000,000 for the fiscal year ending June 30,1972, and $80,000,000 for the fiscal year ending June 30, 1973". (2) Section 261 (a) of such part is further amended by inserting ", drug abuse, and drug dependence" immediately after "narcotic addiction". >in<e,pp. 58, 61. ^g^ Scctious 261(c) and 264 are each amended by inserting "and other persons with drug abuse and drug dependence problems" imme- diately after "narcotic addicts". (4) The section headings for sections 261 and 263 are each amended by striking out "AND NARCOTIC ADDICTS" and inserting in lieu thereof " , NARCOTIC ADDICTS, AND OTHER PERSONS WITH DRUG ABUSE AND DRUG DEPENDENCE PROBLEMS". (c) P a r t D of such Act is further amended by redesignating sections 42 use 2688m, 253 and 254 as sections 254 and 255, respectively, and by adding after 2688n section 252 the following new section: "DRUG ABUSE EDUCATION con'tract author- "SEC. 253. (a) The Secretary is authorized to make grants to States ity. and political subdivisions thereof and to public or nonprofit private agencies and organizations, and to enter into contracts with other pri- vate agencies and organizations, for— "(1) the collection, preparation, and dissemination of educa- tional materials dealing with the use and abuse of drugs and the prevention of drug abuse, and " (2) the development and evaluation of programs of drug abuse education directed at the general public, school-age children, and special high-risk groups. "(b) The Secretary, acting through the National Institute of Mental Health, shall (1) serve as a focal point for the collection and dissemination of information related to drug abuse; (2) collect, pre- pare, and disseminate materials (including films and other educational devices) dealing with the abuse of drugs and the prevention of drug
84 STAT. ] PUBLIC LAW 91-513-OCT. 27, 1970 1239 abuse; (3) provide for the preparation, production, and conduct of programs of public education (including those using films and other educational devices); (4) train professional and other persons to organize and participate in programs of public education m relation to drug abuse; (5) coordinate activities carried on by such depart- ments, agencies, and instrumentalities of the Federal Government as he shall designate with respect to health education aspects of drug abuse; (6) provide technical assistance to State and local health and educational agencies with respect to the establishment and imple- mentation of programs and procedures for public education on drug abuse; and (7) undertake other activities essential to a national pro- gram for drug abuse education. " (c) The Secretary, acting through the National Institute of Mental Personnel Health, is authorized to develop and conduct workshops, institutes, ^'•^^"'"^* and other activities for the training of professional and other person- nel to work in the area of drug abuse education. " ( d ) To carry out the purposes of this section, there are authorized Appropriation. to be appropriated $3,000,000 for the fiscal year ending June 30,1971, $12,000,000 for the fiscal year ending J u n e 30, 1972, and $14,000,000 for the fiscal year ending June 30,1973." (d) Such part D is further amended by adding at the end thereof '*"'®' ^' ^^^^' the following new section: uSPECIAL P R O J E C T S FOR NARCOTIC ADDICTS A N D DRUG D E P E N D E N T PERSONS "SEC. 266. (a) The Secretary is authorized to make grants to public or Qf^nts, treat- n . , - \ • *'i • i' i J.' I! J.1 tnent and rehabili- nonprofit private agencies and organizations to cover a portion ot the tation. costs of programs for treatment and rehabilitation of narcotic addicts or drug dependent persons which include one or more of the following: (1) Detoxification services or (2) institutional services (including medical, psychological, educational, or counseling services) or (3) community-based aftercare services. " ( b ) Grants under this section for the costs of any treatment and conditions. rehabilitation program— "(1) may be made only for the period beginning with the first day of the first month for which such a grant is made and ending with the close of eight years after such first day; and "(2) (A) except as provided in subparagraph ( B ) , may not Limitation. exceed 80 per centum of such costs for each of the first two years after such first day, 75 per centum of such costs for the third year after such first day, 60 per centum of such costs for the fourth year after such first day, 45 per centum of such costs for the fifth year after such first day, and 30 per centum of such costs for each of the next three years after such first day; and " ( B ) in the case of any such program providing services for persons in an area designated by the Secretary as an urban or rural poverty area, such grants may not exceed 90 per centum of such costs for each of the first two years after such first day, 80 per centum of such costs for the third year after such first day, 75 per centum of such costs for the fourth and fifth years after such first day, and 70 per centum of such costs for each of the next three years after such first day. "(c) No application for a grant authorized by this section shall be approved by the Secretary unless such application is forwarded through the State agency responsible for administering the plan sub- mitted pursuant to section 204 of this Act or, if there be a separate ^^ s*at. 291; State agency, designated by the Governor as responsible for planning, 42'usc ^684. coordinating, and executing the State's efforts in the treatment and 47-348 O - 72 - 82 (Pt. 1)
1240 PUBLIC LAW 91-513-OCT. 27, 1970 [84 STAT. rehabilitation of narcotic addicts and drug dependent persons, through such latter agency, which shall submit to the Secretary such comments as it deems appropriate. No application for a grant under this section for a program to provide services for persons in an area in which is located a facility constructed as a new facility after the date of enact- ment of this section with funds provided under a grant under part A or this part shall be approved unless such application contains satis- factory assurance that, to the extent feasible, such program will be included as part of the programs conducted in or through such facility. Criteria. " ( d ) The Secretary shall make grants under this section for projects within the States in accordance with criteria determined by him designed to provide priority for grant applications in States, and in areas within the States, having the higher percentages of population who are narcotic addicts or drug dependent persons. Appropriation. "(e) There are authorized to be appropriated to carry out this section not to exceed $20,000,000 for the fiscal year ending June 30, 1971; $30,000,000 for the fiscal year ending June 30, 1972; and $35,000,000 for the fiscal year ending June 30, 1973." BROADER T R E A T M E N T A U T H O R I T Y I N P U B L I C H E A L T H SERVICE H O S P I T A L S FOR PERSONS W I T H DRUG ABUSE A N D O T H E R DRUG D E P E N D E N C E PROBLEMS SEC. 2. (a) P a r t E of title I I I of the Public Health Service Act is amended as follows: 80 Stat. 1449. 42 u s e 2 5 7 . (1) Section 341 (a) of such part is amended bv adding immediately after "addicts" the second time it appears the following: "and other persons with drug abuse and drug dependence problems". 58 S t a t . 6 9 9 ; (2) (A) Sections 342, 343, 344, and 346 of such p a r t are each 68 Stat. 7 9 . 42 u s e 258-260, amended by inserting "or other persons with drug abuse and drug 261. dependence problems" immediately after "addicts" each place it appears in tnose sections. (B) The section heading of section 342 of such part is amended by inserting "OR OTHER PERSONS WITH DRUG ABUSE AND DRUG DEPENDENCE PROBLEMS" after "ADDICTS". (3) Sections 343 and 344 of such part are each amended by inserting "or other person with a drug abuse or other drug dependence problem" immediatelv after "addict" each place it appears in those sections. 42 u s e 2 6 1 a . (4) Sections 343, 344, and 347 of such part are each amended by inserting ", drug abuse, or drug dependence" immediately after "addic- tion" each place it appears in those sections. (5) Section 346 of such part is amended by inserting "or substance Post, p . 1242. controlled under the Controlled Substances Act" immediately after "habit-forming narcotic drug". (6) The heading for such part is amended to read as follows: "PART E—NARCOTIC ADDICTS AND OTHER DRUG ABUSERS". 58 S t a t . 6 8 2 ; 74 Stat. 3 4 . (b) Section 2 of the Public Health Service Act (42 U.S.C. 201) is amended by adding after paragraph (p) the following new paragraph: " D r u g depend- ent person,'* "(q) The term 'drug dependent person' means a person who is using a controlled substance (as defined in section 102 of the Con- Post, p . 1243. trolled Substances Act) and who is in a state of psychic or physical dependence, or both, arising from the use of that substance on a con- tinuous basis. Drug dependence is characterized by behavioral and other responses which include a strong compulsion to take the sub- stance on a continuous basis in order to experience its psychic effects or to avoid the discomfort caused by its absence."
84 STAT. ] PUBLIC LAW 91-513-OCT. 27, 1970 1241 RESEARCH U N D E R T H E P U B L I C H E A L T H SERVICE ACT I N DRU<} U S E , ABUSE, AND ADDICTION SEC. 3. (a) Section 303(a) of the Public Health Service iVct (42 i^fi^g^^'J'^t^J'/t^'.^n U.S.C. 242a(a)) is amended by adding after and below paragraph o^f identuy! (2) the following: 70 stat. 929. "The Secretary may authorize persons engaged in research on the use and effect of drugs to protect the privacy of individuals who are the subject of such research by withholding from all persons not con- nected with the conduct of such research the names or other identifying characteristics of such individuals. Persons so authorized to protect the privacy of such individuals may not be compelled in any Federal, State, or local civil, criminal, administrative, legislative, or other proceedings to identify such individuals." (b) Section 314(d) (2) of the Public Health Service Act is 8° stat. n84; J J Post, p» 1 8 5 3 » amended— 42 use 246. (1) by striking out "and" at the end of subparagraph (I) ; (2) by striking out the period at the end of subparagraph ( J ) and inserting in lieu thereof " ; and"; and (3) by adding after subparagraph ( J ) the following new subparagraph: " ( K ) provide for services for the prevention and treatment of drug abuse and drug dependence, commensurate with the extent of the problem." (c) Section 507 of the Public Health Service Act (42 U.S.C. 225a) ^i stat. 79. is amended— (1) by striking out "available for research, training, or demon- stration project grants pursuant to this Act" and inserting in lieu thereof "available under this Act for research, training, or demon- stration project grants or for grants to expand existing treatment and research programs and facilities for alcoholism, narcotic addiction, drug abuse, and drug dependence, and appropriations available under the Community Mental Health Centers Act for 77 stat. 190. construction and staffing of community mental health centers and note. alcoholism and narcotic addiction, drug abuse, and drug depend- ence facilities", and (2) by inserting immediately before the period at the end thereof the following: ", except that grants to such Federal insti- tutions may be funded at 100 per centum of the costs". M E D I C A L T R E A T M E N T OF NARCOTIC ADDICTION SEC. 4. The Secretary of Health, Education, and Welfare, after consultation with the Attorney General and with national organiza- tions representative of persons with knowledge and experience in the treatment of narcotic addicts, shall determine the appropriate methods of professional practice in the medical treatment of the narcotic addic- tion of various classes of narcotic addicts, and shall report thereon from Report to cen- time to time to the Congress.
1242 PUBLIC LAW 91-513-OCT. 27, 1970 [84 STAT. T I T L E II—CONTROL AND ENFORCEMENT PART A—SHORT T I T L E ; FINDINGS AND DECLARATION; DEFINITIONS SHORT T I T L E Citation of SEC. 100. This title may be cited as the "Controlled Substances Act". title. "^ FINDINGS AND DECLARATIONS SEC. 101. The Congress makes the following findings and declarations: (1) Many of the drugs included within this title have a useful and legitimate medical purpose and are necessary to maintain the health and general w^elf are of the American people. (2) The illegal importation, manufacture, distribution, and posses- sion and improper use of controlled substances have a substantial and detrimental effect on the health and general welfare of the American people. (3) A major portion of the traffic in controlled substances flows through interstate and foreign commerce. Incidents of the traffic w^hich are not an integral part of the interstate or foreign flow, such as manufacture, local distribution, and possession, nonetheless have a substantial and direct effect upon interstate commerce because— (A) after manufacture, many controlled substances are trans- ported in interstate commerce, (B) controlled substances distributed locally usually have been transported in interstate commerce immediately before their dis- tribution, and (C) controlled substances possessed commonly flow through interstate commerce immediately prior to such possession. (4) Local distribution and possession of controlled substances con- tribute to swelling the interstate traffic in such substances. (5) Controlled substances manufactured and distributed intrastate cannot be differentiated from controlled substances manufactured and distributed interstate. Thus, it is not feasible to distinguish, in terms of controls, between controlled substances manufactured and dis- tributed interstate and controlled substances manufactured and dis- tributed intrastate. (6) Federal control of the intrastate incidents of the traffic in con- trolled substances is essential to the effective control of the interstate incidents of such traffic. (7) The United States is a party to the Single Convention on Nar- 18 usT 1407. cotic Drugs, 1961, and other international conventions designed to establish effective control over international and domestic traffic in controlled substances. DEFINITIONS SEC. 102. As used in this title: (1) The term "addict" means any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of narcotic drugs as to have lost the power of self-control with reference to his addiction. (2) The term "administer" refers to the direct application of a con- trolled substance to the body of a patient or research subject by— (A) a practitioner (or, in his presence, by his authorized agent), or (B) the patient or research subject at the direction and in the presence of the practitioner.
84 STAT. ] PUBLIC LAW 91-513-OCT. 27, 1970 1243 whether such application be by injection, inhalation, ingestion, or any other means. (3) The term "agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dis- penser ; except that such term does not include a common or contract carrier, public warehouseman, or employee of the carrier or ware- houseman, when acting in the usual and lawful course of the carrier's or warehouseman's business. (4) The term "Bureau of Narcotics and Dangerous Drugs" means the Bureau of Narcotics and Dangerous Drugs in the Department of Justice. (5) The term "control" means to add a drug or other substance, or immediate precursor, to a schedule under part B of this title, whether ^°®'» P* 1247. by transfer from another schedule or otherwise. (6) The term "controlled substance" means a drug or other sub- stance, or immediate precursor, included in schedule I, I I , I I I , IV, or V of part B of this title. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1954. SSA stat. 595; (7) The term "counterfeit substance" means a controlled substance 7226Stat. 1314. u s e 5001. which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, dis- tributor, or dispenser other than the person or persons who in fact manufactured, distributed, or dispensed such substance and which thereby falsely purports or is represented to be the product of, or to have been distributed by, such other manufacturer, distributor, or dispenser. (8) The terms "deliver" or "delivery" mean the actual, constructive, or attempted transfer of a controlled substance, whether or not there exists an agency relationship. (9) The term "depressant or stimulant substance" means— (A) a drug which contains any quantity of (i) barbituric acid or any of the salts of barbituric acid; or (ii) any derivative of barbituric acid w^hich has been designated by the Secretary as habit forming under section 502(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 3 5 2 ( d ) ) ; or _ 52 stat. 1050. (B) a drug which contains any quantity of (i) amphetamine or any of its optical isomers; (ii) any salt of amphetamine or any salt of an optical isomer of amphetamine; or (iii) any sub- stance which the Attorney General, after investigation, has found to be, and by regulation designated as, habit forming because of its stimulant effect on the central nervous system; or (C) lysergic acid diethylamide; or (D) any drug which contains any quantity of a substance which the Attorney General, after investigation, has found to have, and by regulation designated as having, a potential for abuse because of its depressant or stimulant effect on the central nervous system or its hallucinogenic effect. (10) The term "dispense" means to deliver a controlled substance to an ultimate user or research subject by, or pursuant to the lawful order of, a practitioner, including the prescribing and administering of a controlled substance and the packaging, labeling, or compound- ing necessary to prepare the substance for such delivery. The term "dispenser" means a practitioner who so delivers a controlled substance to an ultimate user or research subject. (11) The term "distribute" means to deliver (other than by admin- istering or dispensing) a controlled substance. The term "distributor'* means a person who so delivers a controlled substance.
1244 PUBLIC LAW 91-513-OCT. 27, 1970 [84 STAT. (12) The term "drug" has the meaning given that term by section 79" tau 234°'* ^' 201 (g) (1) of the Federal Food, Drug, and Cosmetic Act. 21'use 321. (13) The term "felony" means any Federal or State offense clas- sified by applicable Federal or State law as a felony. (14) The term "manufacture" means the production, preparation, propagation, compounding, or processing of a drug or other substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of such substance or labeling or relabeling of its container; except that such term does not include the preparation, compounding, packaging, or labeling of a drug or other substance in conformity with applicable State or local law by a prac- titioner as an incident to his administration or dispensing of such drug or substance in the course of his professional practice. The term "manufacturer" means a person who manufactures a drug or other substance. (15) The term "marihuana" means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufac- ture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. Such term does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mix- ture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. (16) The term "narcotic drug" means any of the following, whether produced directly or indirectly oy extraction from substances of vege- table origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (A) Opium, coca leaves, and opiates. (B) A compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or opiates. (C) A substance (and any compound, manufacture, salt, deriv- ative, or preparation thereof) which is chemically identical with any of the suostances referred to in clause (A) or ( B ) . Such term does not include decocainized coca leaves or extracts of coca leaves, which extracts do not contain cocaine or ecgonine. (17) The term "opiate" means any drug or other substance having an addiction-forming or addiction-sustaining liability similar to mor- phine or being capable of conversion into a drug having such addic- tion-forming or addiction-sustaining liability. (18) The term "opium poppy" means the plant of the species Papaver somniferum X., except the seed thereof. (19) The term "poppy straw" means all parts, except the seeds, of the opium poppy, after mowing. (20) The term "practitioner" means a physician, dentist, veteri- narian, scientific investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted, by the United States or the jurisdiction in which he practices or does research, to distribute, dispense, conduct research with respect to, administer, or use in teach- ing or chemical analysis, a controlled substance in the course of pro- fessional practice or research. (21) The term "production" includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance.
84 STAT. ] PUBLIC LAW 91-513-OCT. 27, 1970 1245 (22) The term "immediate precursor" means a substance— (A) which the Attorney General has found to be and by regu- lation designated as being the principal compound used, or pro- duced primarily for use, in the manufacture of a controlled substance; (B) which is an immediate chemical intermediary used or likely to be used in the manufacture of such controlled substance; and (C) the control of which is necessary to prevent, curtail, or limit the manufacture of such controlled substance. (23) The term "Secretary", unless the context otherwise indicates, means the Secretary of Health, Education, and Welfare. (24) The term "State" means any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, and the Canal Zone. (25) The term "ultimate user" means a person who has lawfully obtained, and who possesses, a controlled substance for his own use or for the use of a member of his household or for an animal owned by him or by a member of his household. (26) The term "United States", when used in a geographic sense, means all places and waters, continental or insular, subject to the jurisdiction of the United States. INCREASED NUMBERS OF ENFORCEMENT PERSONNEL SEC. 103. (a) During the fiscal year 1971, the Bureau of Narcotics and Dangerous Drugs is authorized to add at least 300 agents, together with necessary supporting personnel, to the number of eniorcement personnel currently available to it. (b) There are authorized to be appropriated not to exceed Appropriation. $6,000,000 for the fiscal year 1971 and for each fiscal year thereafter to carry out the provisions of subsection ( a ) . PART B—AUTHORITY To CONTROL; STANDARDS AND SCHEDULES AUTHORITY AND CRITERIA FOR CLASSIFICATION OF SUBSTANCES SEC. 201. (a) The Attorney General shall apply the provisions of this title to the controlled substances listed in the schedules established by section 202 of this title and to any other drug or other substance added to such schedules under this title. Except as provided in sub- sections (d) and (e),the Attorney General may by rule— (1) add to such a schedule or transfer between such schedules any drug or other substance if he— (A) finds that such drug or other substance has a potential for abuse, and ( B ) makes with respect to such drug or other substance the findings prescribed by subsection (b) of section 202 for the schedule in which such drug is to be placed; or (2) remove any drug or other substance from the schedules if he finds that the drug or other substance does not meet the requirements for inclusion in any schedule. Rules, hearing Rules of the Attorney General under this subsection shall be made on opportunity. the record after opportunity for a hearing pursuant to the rulemaking procedures prescribed by subchapter I I of chapter 5 of title 5 of the United States Code. Proceedings for the issuance, amendment, or 580uStat. 381. s e 551.
1246 PUBLIC LAW 91-513-OCT. 27, 1970 [84 STAT. repeal of such rules may be initiated by the Attorney General (1) on his own motion, (2) at the request or the Secretary, or (3) on the petition of any interested party. Evaluation, (b) The Attorney General shall, before initiating proceedings under subsection (a) to control a drug or other substance or to remove a drug or other substance entirely from the schedules, and after gather- ing the necessary data, request from the Secretary a scientific and med- ical evaluation, and his recommendations, as to whether such drug or other substance should be so controlled or removed as a controlled substance. In making such evaluation and recommendations, the Secre- tary shall consider the factors listed in paragraphs (2), (3), (6), (7), and (8) of subsection (c) and any scientific or medical considerations involved in paragraphs (1), (4), and (5) of such subsection. The rec- ommendations of the Secretary shall include recommendations with respect to the appropriate schedule, if any, under which such drug or other substance should be listed. The evaluation and the recommenda- tions of the Secretary shall be made in writing and submitted to the Attorney General within a reasonable time. The recommendations of the Secretary to the Attorney General shall be binding on the At- torney General as to such scientific and medical matters, and if the Secretary recommends that a drug or other substance not be con- trolled, the Attorney General shall not control the drug or other sub- stance. If the Attorney General determines that these facts and all other relevant data constitute substantial evidence of potential for abuse such as to warrant control or substantial evidence that the drug or other substance should be removed entirely from the schedules, he shall initiate proceedings for control or removal, as the case may be, under subsection (a). (c) In making any finding under subsection (a) of this section or under subsection (b) of section 202, the Attorney General shall con- sider the following factors with respect to each drug or other sub- stance proposed to be controlled or removed from the schedules: (1) Its actual or relative potential for abuse. (2) Scientific evidence of its pharmacological effect, if known. (3) The state of current scientific knowledge regarding the drug or other substance. (4) I t s history and current pattern of abuse. (5) The scope, duration, and significance of abuse. (6) What, it any, risk there is to the public health. (7) I t s psychic or physiological dependence liability. (8) Whether the substance is an immediate precursor of a sub- stance already controlled under this title. (d) If control is required by United States obligations under inter- national treaties, conventions, or protocols in effect on the effective Order. date of this part, the Attorney General shall issue an order controlling such drug under the schedule he deems most appropriate to carry out such obligations, without regard to the findings required by subsec- tion (a) of this section or section 202(b) and without regard to the procedures prescribed by subsections (a) and (b) of this section. (e) The Attorney General may, without regard to the findings required by subsection (a) of this section or section 202(b) and with- out regard to the procedures prescribed by subsections (a) and (b) of this section, place an immediate precursor in the same schedule in which the controlled substance of which it is an immediate precursor is placed or in any other schedule with a higher numerical designation. If the Attorney General designates a substance as an immediate pre- cursor and places it in a schedule, other substances shall not be placed in a schedule solely because they are its precursors.
84 STAT. ] PUBLIC LAW 91-513-OCT. 27, 1970 1247 (f) If, at the time a new-drug application is submitted to the Secretary for any drug having a stimulant, depressant, or hallucino- genic effect on the central nervous system, it appears that such drug has an abuse potential, such information shall be forwarded by the Secretary to the Attorney General. (g) (1) The Attorney General shall by regulation exclude any non- narcotic substance from a schedule if such substance may, under the Federal Food, Drug, and Cosmetic Act, be lawfully sold over the 52 Stat. 1040. 21 u s e 301. counter without a prescription. Dextromethoi'- (2) Dextromethorphan shall not be deemed to be included in any phan, exception. schedule by reason of enactment of this title unless controlled after the date of such enactment pursuant to the foregoing provisions of this section. SCHEDULES OF CONTROLLED SUBSTANCES SEC. 202. (a) There are established five schedules of controlled sub- Establishment. stances, to be known as schedules I, I I , I I I , IV, and V. Such sched- ules shall initially consist of the substances listed in this section. The schedules established by this section shall be updated and repub- lished on a semiannual basis during the two-year period beginning one year after the date of enactment of this title and shall be updated and republished on an annual basis thereafter. Placement on (b) Except where control is required by United States obligations schedules, find- under an international treaty, convention, or protocol, in effect on the ings required. effective date of this part, and except in the case of an immediate precursor, a drug or other substance may not be placed in any sched- ule unless the findings required for such schedule are made with respect to such drug or other substance. The findings required for each of the schedules are as follows: (1) SCHEDULE I.— (A) The drug or other substance has a high potential for abuse. (B) The drug or other substance has no currently accepted medical use in treatment in the United States. (C) There is a lack of accepted safety for use of the drug or other substance under medical supervision. (2) SCHEDULE II.— (A) The drug or other substance has a high potential for abuse. (B) The drug or other substance has a currently accepted med- ical use in treatment in the United States or a currently accepted medical use with severe restrictions. (C) Abuse of the drug or other substances may lead to severe psychological or physical dependence. (3) SCHEDULE I I I . — (A) The drug or other substance has a potential for abuse less than the drugs or other substances in schedules I and I I . (B) The drug or other substance has a currently accepted med- ical use in treatment in the United States. (C) Abuse of the drug or other substance m a j lead to moderate or low physical dependence or high psychological dependence. (4) SCHEDULE IV.— (A) The drug or other substance has a low potential for abuse relative to the drugs or other substances in schedule I I I . (B) The drug or other substance has a currently accepted med- ical use in treatment in the LTnited States.
1248 PUBLIC LAW 91-513-OCT. 27, 1970 [84 STAT. (C) Abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in schedule I I I . (5) SCHEDULE V.— (A) The drug or other substance has a low potential for abuse relative to the drugs or other substances in schedule IV. (B) The drug or other substance has a currently accepted medi- cal use in treatment in the United States. (C) Abuse of the drug or other substance maj'^ lead to limited physical dependence or psychological dependence relative to the drugs or other substances in schedule IV. (c) Schedules I, I I , I I I , I V , and V shall, unless and until amended pursuant to section 201, consist of the following drugs or other sub- stances, by whatever official name, common or usual name, chemical name, or brand name designated: SCHEDULE I Opiates. (a) Unless specifically excepted or unless listed in another schedule, any of the following opiates, including their iso- mers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation: (1) Acetylmethadol. (2) AUylprodine. (3) Alphacetylmathadol. (4) Alphameprodine. (5) Alphamethadol. (6) Benzethidine. (7) Betacetylmethadol. (8) Betameprodine. ^9) Betamethadol. (10) Betaprodine. (11) Clonitazene. (12) Dextromoramide. (13) Dextrorphan. (14) Diampromide. (15) DiethyIthiambutene. (16) Dimenoxadol. (17) Dimepheptanol. (18) Dimethylthiambutene. (19) Dioxaphetyl bulyrate. (20) Dipipanone. (21) Ethylmethylthiambutene. (22) Etonitazene. (23) Etoxeridine. (24) Furethidine. (25) Hydroxy pethidine. (26) Ketobemidone. (27) Levomoramide. (28) Levophenacylmorphan. (29) Morpheridine. (30) Noracymethadol. (31) Norlevorphanol. (32) Normethadone. (33) Norpipanone. (34) Phenadoxone. (36) Phenampromide.
84 STAT. ] PUBLIC LAW 91-513-OCT. 27, 1970 1249 (36) Phenomorphan. (37) Phenoperidine. (38) Piritramide. (39) Proheptazine. (40) Properidine. (41) Racemoramide. (42) Trimeperidine. (b) Unless specifically excepted or unless listed in another opium deriva- schedule, any of the following opium derivatives, their salts, *^^^^' isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Acetorphine. (2) Acetyldihydrocodeine. (3) Benzylmorphine. (4) Codeine methylbromide. (5) Codeine-N-Oxide. (6) Gyprenorphine. (7) Desomorphine. ^8) Dihydromorphine. (9) Etorphine. (10) Heroin. 11) Hydromorphinol. 12) Methyldesorphine. ^ 13) Methylhydromorphine. [ 14) Morphine methylbromide. 15) Morphine methylsulfonate. 116J Morphine-N-Oxide. 17) Myrophine. 18) Nicocodeine. (19) Nicomorphine. (20) Normorphine. (21) Pholcodine. (22) Thebacon. (c) Unless specifically excepted or unless listed in another Hallucinogenic schedule, any material, compound, mixture, or preparation, substances. which contains any quantity of the following hallucinogenic substances, or which contains any of their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) 3,4-methylenedioxy amphetamine. (2) 5-methoxy-3,4-methylenedioxy amphetamine. (3) 3,4,5-trimethoxy amphetamine. (4) Bufotenine. (5) Diethyltryptamine. (6) Dimethyltryptamine. (7) 4-methyl-2,5-dimethoxyamphetamine. (8) Ibogaine. (9) Lysergic acid diethylamide. (10) Marihuana. (11) Mescaline. (12) Peyote. (13) N-ethyl-3-piperidyl benzilate. (14) N-methyl-3-piperidyl benzilate. (15) Psilocybin. (16) Psilocyn. (17) Tetrahydrocannabinols.
1250 PUBLIC LAW 91-513-OCT. 27, 1970 [84 STAT. SCHEDULE II Substances, veg- (j^) Uiiless specificallj excepted or unless listed in another chemica"!inthe- scliedule, a n j of the following substances whether produced sis. directly or indirectly by extraction from substances of vege- table origin, or independently by means of chemical syn- thesis, or by a combination of extraction and chemical synthesis: (1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate. (2) Any salt, compound, derivative, or prepara- tion thereof which is chemically equivalent or identi- cal with any of the substances referred to in clause (1), except that these substances shall not include the isoquinoline alkaloids of opium. (3) Opium poppy and poppy straw. (4) Coca leaves and any salt, compound, deriva- tive, or preparation of coca leaves, and any salt, com- pound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, except that the substances shall not include decocainized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine. op^^*®^- (b) Unless specifically excepted or unless listed in another schedule, any of the following opiates, including their iso- mers, esters, ethers, salts, and salts of isomers, esters and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation: ( I ) Alj)haprodine. (2^ Anileridine. ?3) Bezitramide. (4) Dihydrocodeine. (5) Diphenoxylate. • (6J Fentanyl. (7) Isomethadone. (8) Levomethorphan. ^9) Levorphanol. (10) Metazocine. ( I I ) Methadone. (12) Methadone-Intermediate, 4-cyano - 2 - dimethyl- amino-4,4-diphenyl butane. (13) Moramide-Intermediate, 2 - methyl - 3 - morpho- lino-1, 1-diphenylpropane-carboxylic acid. (14) Pethidine. (15) Pethidine-Intermediate-A, 4 - cyano-l-methyl-4- phenylpiperidine. (16) Pethidine-Intermediate-B, ethyl - 4-phenylpiper- idine-4-carboxylate. (17) Pethidine-Intermediate-C, 1-methyl - 4 - phenyl- piperidine-4-carboxylic acid. (18) Phenazocine. (19) Piminodine. (20) Eacemethorphan. (21) Racemorphan. mine*^^'"^^^*^' ^^^ Uuless Specifically excepted or unless listed in another schedule, any injectable liquid which contains any quantity of methamphetamine, including its salts, isomers, and salts of isomers.
84 STAT. ] PUBLIC LAW 91-513-OCT. 27, 1970 1251 SCHEDULE III (a) Unless specifically excepted or unless listed in another stimulants. schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimu- lant effect on the central nervous system: (1) Amphetamine, its salts, optical isomers, and salts of its optical isomers. (2) Phenmetrazine and its salts. (3) Any substance (except an injectable liquid) which contains any quantity of methamphetamine, including its salts, isomers, and salts of isomers. (4) Methylj)henidate. (b) Unless specifically excepted or unless listed in another Depressants. schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depres- sant effect on the central nervous system: (1) Any substance which contains any quantity of a deriv- ative of barbituric acid, or any salt of a derivative of bar- bituric acid. (2) Chorhexadol. (3) Glutethimide. (4) Lysergic acid. (5) Lysergic acid amide. (6) Methyprylon. (7) Phencyclidine. (8) Sulfondiethylmethane. (9) Sulfonethylmethane. (10) Sulfonmethane. (c) Nalorphine. Nalorphine. (d) Unless specifically excepted or unless listed in another Narcotic drugs. schedule, any material, compound, mixture, or preparation con- taining limited quantities of any of the following narcotic drugs, or any salts thereof: (1) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dos- age unit, with an equal or greater quantity of an isoquinoline alkaloid of opium. (2) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dos- age unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts. (3) Not more than 300 milligrams of dihydroco- deinone per 100 milliliters or not more than 15 milli- grams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium. (4) Not more than 300 milligrams of dihydro- codeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts. (5) Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, non- narcotic ingredients in recognized therapeutic amounts.
1252 PUBLIC LAW 91-513-OCT. 27, 1970 [84 STAT. (6) Not more than 300 milligrams of ethylmor- phine per 100 milliliters or not more than 15 milli- grams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts. (7) Not more than 600 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts. (8) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with one or more active, nonnarcotic ingredients in recognized thera- peutic amounts. SCHEDULE IV (1) Barbital. (2) Chloral betaine. (3) Chloral hydrate. (4) Ethchlorvynol. (5) Ethinamate. (6) Methohexital. (7) Meprobamate. (8) Methylphenobarbital. (9) Paraldehyde. (10) Petrichloral. (11) Phenobarbital. SCHEDULE V Narcotic drugs Any compound, mixture, or preparation containing any of containing non- narcotic active the following limited quantities of narcotic drugs, which shall medicinal ingredi- include one or more nonnarcotic active medicinal ingredients ents. in sufficient proportion to confer upon the compound, mix- ture, or preparation valuable medicinal qualities other than those possessed by the narcotic dru^ alone: (1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams. (2) Not more than 100 milligrams of dihydroco- deine per 100 milliliters or per 100 grams. (3) Not more than 100 milligrams of ethylmor- phine per 100 milliliters or per 100 grams. (4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit. (5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams. Stimulants or (d) The Attorney General may by regulation except anj compound, depressants con- taining active mixture, or preparation containmg any depressant or stimulant sub- medicinal ingredi- stance in paragraj)h (a) or (b) of schedule I I I or in schedule I V or V ents, exception. from the application of all or any part of this title if (1) the com- pound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant or stimulant effect on the central nervous system, and (2) such ingredients are included therein in such combinations, quantity, proportion, or concentration as to vitiate the potential for abuse of the substances which do have a depressant or stimulant effect on the central nervous system.
84 STAT. ] PUBLIC LAW 91-513-OCT. 27, 1970 1253 PART C—REGISTRATION OF MANUFACTURERS, DISTRIBUTORS, AND DISPENSERS OF CONTROLLED SUBSTANCES RULES AND REGULATIONS SEC. 301. The Attorney General is authorized to promulgate rules ^"^^^ ^nd regu- and regulations and to charge reasonable fees relating to the re^stra- ^ '°"^* tion and control of the manufacture, distribution, and dispensing of controlled substances. PERSONS R E Q U I R E D TO REGISTER SEC. 302. (a) Every person who manufactures, distributes, or dis- Annual registra- penses any controlled substance or who proposes to engage in the "°"* manufacture, distribution, or dispensing of any controlled substance, shall obtain annually a registration issued by the Attorney General in accordance with the rules and regulations promulgated by him. (b) Persons registered by the Attorney General under this title to manufacture, distribute, or dispense controlled substances are author- ized to possess, manufacture, distribute, or dispense such substances (including any such activity in the conduct of research) to the extent authorized hj their registration and in conformity with the other provisions of this title. (c) The following persons shall not be required to register and may Registration, lawfully possess any controlled substance under this title: exceptions. (1) An agent or employee of any registered manufacturer, dis- tributor, or dispenser of any controlled substance if such agent or employee is acting in the usual course of his business or employment. (2) A common or contract carrier or warehouseman, or an employee thereof, whose possession of the controlled substance is m the usual course of his business or employment. (3) An ultimate user who possesses such substance for a purpose ^"'e, p. 1245. specified in section 102(25). (d) The Attorney General may, by regulation, waive the require- waiver. ment for registration of certain manufacturers, distributors, or dis- pensers if he finds it consistent with the public health and safety. (e) A separate registration shall be required at each principal place ^^^^J^^^^^ ''^^^^' of business or professional practice where the applicant manufactures, distributes, or dispenses controlled substances. (f) The Attorney General is authorized to inspect the establishment inspection. of a registrant or applicant for registration in accordance with the rules and regulations promulgated by him. REGISTRATION REQUIREMENTS SEC. 303. (a) The Attorney General shall register an applicant to eJ^ih^ubiic^in- manuf acture controlled substances in schedule I or I I if he determines t^rert. ^" that such registration is consistent with the public interest and with United States obligations under international treaties, conventions, or protocols in effect on the effective date of this part. In determining the public interest, the following factors shall be considered: (1) maintenance of effective controls against diversion of par- controls, impoi- ticular controlled substances and any controlled substance in ma^u^ac'turernmi- schedule I or I I compounded therefrom into other than le^timate tation. medical, scientific, research, or industrial channels, by limiting the importation and bulk manufacture of such controlled substances to a number of establishments which can produce an adequate and uninterrupted supply of these substances under adequately com-
1254 PUBLIC LAW 91-513-OCT. 27, 1970 [84 STAT. petitive conditions for legitimate medical, scientific, research, and industrial purposes; Compliance. (2) compliauce with applicable State and local law; Technology. ^3) promotiou of technical advances in the art of manufactur- ing these substances and the development of new substances; Applicants, (4) prior conviction record of applicant under Federal and ^e" o^rd.°"''^''*'°" State laws relating to the manufacture, distribution, or dispensing of such substances; Experience. (5) past experience in the manufacture of controlled substances, and the existence in the establishment of effective control against diversion; and (6) such other factors as may be relevant to and consistent with the public health and safety. sirten\°with°"ubiic (^) '^^^ Attomey General shall register an applicant to distribute interest. a coutrolled substance in schedule I or I I unless he determines that the issuance of such registration is inconsistent with the public inter- est. I n determining the public interest, the following factors shall be considered: (1) maintenance of effective control against diversion of par- ticular controlled substances into other than legitimate medical, scientific, and industrial channels; (2) compliance with applicable State and local law; (3) prior conviction record of applicant under Federal or State laws relating to the manufacture, distribution, or dispensing of such substances; (4) past experience in the distribution of controlled substances; and (5) such other factors as may be relevant to and consistent with the public health and safety. Prohibition. ^^^ Registration granted under subsections (a) and (b) of this section shall not entitle a registrant to (1) manufacture or distribute controlled substances in schedule I or I I other than those specified in the registration, or (2) manufacture any quantity of those controlled Post, p. 1257. substances in excess of the quota assigned pursuant to section 306. (d) The Attorney General shall register an applicant to manufac- ture controlled substances in schedule I I I , IV, or V, unless he deter- mines that the issuance of such registration is inconsistent with the public interest. I n determining the public interest, the following fac- tors shall be considered: (1) maintenance of effective controls against diversion of par- ticular controlled substances and any controlled substance in schedule I I I , IV, or V compounded therefrom into other than legitimate medical, scientific, or industrial channels; (2) compliance with applicable State and local law; (3) promotion of technical advances in the art of manufactur- ing these substances and the development of new substances; (4) prior conviction record of applicant under Federal or State laws relating to the manufacture, distribution, or dispensing of such substances; (5) past experience in the manufacture, distribution, and dis- pensing of controlled substances, and the existence in the estab- lishment of effective controls against diversion; and (6) such other factors as may be relevant to and consistent with the public health and safety. (e) The Attorney General shall register an applicant to distribute controlled substances in schedule I I I , IV, or V, unless he determines that the issuance of such registration is inconsistent with the public interest. In determining the public interest, the following factors shall be considered:
84 STAT. ] PUBLIC LAW 91-513-OCT. 27, 1970 1255 (1) maintenance of effective controls against diversion of par- ticular controlled substances into other than legitimate medical, scientific, and industrial channels; (2) compliance with applicable State and local law; (3) prior conviction record of applicant under Federal or State laws relating to the manufacture, distribution, or dispensing of such substances; (4) past experience in the distribution of controlled substances; and (5) such other factors as may be relevant to and consistent wath the public health and safety. (f) Practitioners shall be registered to dispense or conduct research Research, with controlled substances in schedule I I , I I I , IV, or V if they are authorized to dispense or conduct research under the law of the State in which they practice. Separate registration under this part for prac- titioners engaging in research with nonnarcotic controlled substances in schedule I I , I I I , IV, or V, who are already registered under this part in another capacity, shall not be required. Pharmacies (as distin- Pharmacies, guished from pharmacists) when engaged in commercial activities, shall be registered to dispense controlled substances in schedule I I , I I I , IV, or V if they are authorized to dispense under the law of the State in which they regularly conduct business. Registration applica- Research appii- tions by practitioners wishing to conduct research with controlled sub- *=^*^°"^* stances in schedule I shall be referred to the Secretary, who shall determine qualifications and competency of each practitioner request- ing registration, as well as the merits of the research protocol. The Secretary, in determining the merits of each research protocol, shall consult with the Attorney General as to effective procedures to ade- quately safeguard against diversion of such controlled substances from legitimate medical or scientific use. Registration for the purpose of bona fide research with controlled substances in schedule I by a prac- titioner deemed qualified by the Secretary may be denied by the Attor- ney General only on a ground specified in section 304(a). D E N I A L , REVOCATION, OR S U S P E N S I O N OF REGISTRATION SEC. 304. (a) A registration pursuant to section 303 to manufacture, distribute, or dispense a controlled substance may be suspended or revoked by the Attorney General upon a finding that the registrant— (1) has materially falsified any application filed pursuant to or required by this title or title I I I ; Post, p. i285. (2) has been convicted of a felony under this title or title I I I or any other law of the United States, or of any State, relating to any substance defined in this title as a controlled substance; or (3) has had his State license or registration suspended, revoked, or denied by competent State authority and is no longer author- ized by State law to engage in the manufacturing, distribution, or dispensing of controlled substances. (b) The Attorney General may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist. (c) Before taking action pursuant to this section, or pursuant to a o r dservice er. of denial of registration under section 303, the Attorney General shall "'^"' serve upon the applicant or registrant an order to show cause why registration should not be denied, revoked, or suspended. The order to show cause shall contain a statement of the basis thereof and shall call upon the applicant or registrant to appear before the Attorney 47-348 O - 72 - 83 (Pt. 1)
1256 PUBLIC LAW 91-513-OCT. 27, 1970 [84 STAT. General at a time and place stated in the order, but in no event less than thirty days after the date of receipt of the order. Proceedings to deny, revoke, or suspend shall be conducted pursuant to this section in accordance with subchapter I I of chapter 5 of title 5 of the United 80 Stat. 381. States Code. Such proceedings shall be independent of, and not in lieu 5 u s e 551. of, criminal prosecutions or other proceedings under this title or any other law of the United States. Registration, (d) The Attorney General may, in his discretion, suspend any regis- suspension. tration simultaneously with the institution of proceedings under this section, in cases where he finds that there is an imminent danger to the public health or safety. Such suspension shall continue in effect until the conclusion of such proceedings, including judicial review thereof, unless sooner withdrawn by the Attorney General or dissolved by a court of competent jurisdiction. (e) The suspension or revocation of a registration under this section shall operate to suspend or revoke any quota applicable under section 306. (f) In the event the Attorney General suspends or revokes a regis- tration granted under section 303, all controlled substances owned or possessed by the registrant pursuant to such registration at the time of suspension or the effective date of the revocation order, as the case may be, may, in the discretion of the Attorney General, be placed under seal. No disposition may be made of any controlled substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded except that a court, upon application therefor, may at any time order the sale of perishable controlled substances. Any such order shall require the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all such controlled sub- stances (or proceeds of sale deposited in court) shall be forfeited to the United States; and the Attorney General shall dispose of such con- Post, p. 1277. trolled substances in accordance with section 511 (e). LABELING AND PACKAGING REQUIREMENTS Symbol. SEC. 305. (a) I t shall be unlawful to distribute a controlled sub- stance in a commercial container unless such container, when and as required by regulations of the Attorney General, bears a label (as defined in section 201 (k) of the Federal Food, Drug, and Cosmetic 52 Stat. 1041. Act) containing an identifying symbol for such substance in accord- 21 u s e 321. ance with such regulations. A different symbol shall be required for each schedule of controlled substances. (b) I t shall be unlawful for the manufacturer of any controlled substance to distribute such substance unless the labeling (as defined in section 201 (m) of the Federal Food, Drug, and Cosmetic Act) of such substance contains, when and as required by regulations of the Attorney General, the identifying symbol required under sub- section ( a ) . (c) The Secretary shall prescribe regulations under section 503(b) 65 Stat. 648. of the Federal Food, Drug, and Cosmetic Act which shall provide 21 u s e 353. that the label of a drug listed in schedule I I , III, or I V shall, when dispensed to or for a patient, contain a clear, concise warning that it is a crime to transfer the drug to any person other than the patient. Unlawful dis- (d) I t shall be unlawful to distribute controlled substances in tribution. schedule I or I I , and narcotic drugs in schedule I I I or IV, unless the bottle or other container, stopper, covering, or wrapper thereof is securely sealed as required by regulations of the Attorney General.
84 STAT. ] PUBLIC LAW 91-513-OCT. 27, 1970 1257 QUOTAS A P P L I C A B L E TO CERTAIN SUBSTANCES SEC. 306. (a) The Attorney General shall determine the total quan- Production tity and establish production quotas for each basic class of controlled '^"°*^' substance in schedules I and II to be manufactured each calendar year to provide for the estimated medical, scientific, research, and industrial needs of the United States, for lawful export requirements, and for the establishment and maintenance of reserve stocks. Pro- duction quotas shall be established in terms of quantities of each basic class of controlled substance and not in terms of individual phar- maceutical dosage forms prepared from or containing such a con- trolled substance. (b) The Attorney Greneral shall limit or reduce individual produc- tion quotas to the extent necessary to prevent the aggregate of indi- vidual quotas from exceeding the amount determined necessary each year by the Attorney General under subsection ( a ) . The quota of each registered manufacturer for each basic class of controlled substance in schedule I or I I shall be revised in the same proportion as the limitation or reduction of the aggregate of the quotas. HoAvever, if any registrant, before the issuance of a limitation or reduction in quota, has manufactured in excess of his revised quota, the amount of the excess shall be subtracted from his quota for the following year. (c) On or before July 1 of each year, upon application therefor by qu'^f""^^^*"^^"^ a registered manufacturer, the Attorney General shall fix a manu- facturing quota for the basic classes of controlled substances in schedules I and I I that the manufacturer seeks to produce. The quota shall be subject to the provisions of subsections (a) and (b) of this section. In fixing such quotas, the Attorney General shall determine the manufacturer's estimated disposal, inventory, and other requirements for the calendar year; and, in making his determination, the Attorney General shall consider the manufacturer's current rate of disposal, the trend of the national disposal rate during the preceding calendar year, the manufacturer's production cycle and inventory position, the eco- nomic availability of raw materials, yield and stability problems, emergencies such as strikes and fires, and other factors. (d) The Attorney General shall, upon application and subject to the provisions of subsections (a) and (b) of this section, fix a quota for a basic class of controlled substance in schedule I or II for any registrant who has not manufactured that basic class of controlled substance during one or more preceding calendar years. In fixing such (i[uota, the Attorney General shall take into account the registrant's reasonably anticipated requirements for the current year; and, in mak- ing his determination of such requirements, he shall consider such factors specified in subsection (c) of this section as may be relevant. (e) At any time during the year any registrant who has applied Quota, increase, for or received a manufacturing quota for a basic class of controlled substance in schedule I or I I may apply for an increase in that quota to meet his estimated disposal, inventory, and other requirements dur- ing the remainder of that year. I n passing upon the application the Attorney General shall take into consideration any occurrences since the filing of the registrant's initial quota application that may require an increased manufacturing rate by the registrant during the balance of the year. I n passing upon the application the Attorney General may also take into account the amount, if any, by which the determination of the Attorney General under subsection (a) of this section exceeds the aggregate of the quotas of all registrants under this section. (f) Notwithstanding any other provisions of this title, no registra- stan"es°"ncid"nl tion or quota may be required for the manufacture of such quantities tai production. of controlled substances in schedules I and I I as incidentally and
1258 PUBLIC LAW 91-513-OCT. 27, 1970 [84 STAT. necessarily result from the manufacturing process used for the manu- facture of a controlled substance with respect to which its manu- Restrictions. facturer is duly registered under this title. The Attorney General may, by regulation, prescribe restrictions on the retention and dis- posal of such incidentally produced substances. RECORDS A N D REPORTS OF REGISTRANTS Inventory. SEC. 307. (a) Except as provided in subsectiou (c)— (1) every registrant under this title shall, on the effective date of this section, or as soon thereafter as such registrant first engages in the manufacture, distribution, or dispensing of controlled sub- stances, and every second year thereafter, make a complete and accurate record of all stocks thereof on hand, except that the regu- lations prescribed under this section shall permit each such biennial inventory (following the initial inventory required by this paragraph) to be prepared on such registrant's regular gen- eral physical inventory date (if any) which is nearest to and does not vary by more than six months from the biennial date that would otherwise apply; (2) on the effective date of each regulation of the Attorney General controlling a substance that immediately prior to such date was not a controlled substance, each registrant under this title manufacturing, distributing, or dispensing such substance shall make a complete and accurate record of all stocks thereof on hand; and (3) on and after the effective date of this section, every regis- trant under this title manufacturing, distributing, or dispensing a controlled substance or substances shall maintain, on a current basis, a complete and accurate record of each such substance manufactured, received, sold, delivered, or otherwise disposed of by him, except that this paragraph shall not require the main- tenance of a perpetual inventory. (b) Every inventory or other record recjuired under this section (1) shall be in accordance with, and contain such relevant informa- tion as may be required by, regulations of the Attorney General, (2) shall (A) be maintained separately from all other records of the regis- trant, or (B) alternatively, in the case of nonnarcotic controlled sub- stances, be in such form that information required by the Attorney General is readily retrievable from the ordinary business records of Availability. ^]^g registrant, and (3) shall be kept and be available, for at least two years, for inspection and copying by officers or employees of the United States authorized by the Attorney General. _^NonappUcabii- ^^^ rpj^^ foregoing provisions of this section shall not apply— (1) (A) with respect to narcotic controlled substances in sched- ule I I , I I I , IV, or V, to the prescribing or administering of such substances by a practitioner in the lawful course of his profes- sional practice; or (B) with respect to nonnarcotic controlled substances in sched- ule I I , I I I , I V , or V, to any practitioner who dispenses such sub- stances to his patients, unless the practitioner is regularly engaged in charging his patients, either separately or together with charges for other professional services, for substances so dispensed; (2) (A) to the use of controlled substances, at establishments registered under this title which keep records with respect to such substances, in research conducted in conformity with an exemp- tion granted under section 505(i) or 512(j) of the Federal Food, 36Oby^'^ ^^^' Drug, and Cosmetic Act;
84 STAT. ] PUBLIC LAW 91-513-OCT. 27, 1970 1259 (B) to the use of controlled substances, at establishments regis- tered under this title which keep records with respect to such sub- stances, in preclinical research or in teaching; or (3) to the extent of any exemption granted to any person, with respect to all or part of such provisions, by the Attorney General by or pursuant to regulation on the basis of a finding that the application of such provisions (or part thereof) to such person is not necessary for carrying out the purposes of this title. (d) Every manufacturer registered under section 303 shall, at such time or times and in such form as the Attorney General may require, make periodic reports to the Attorney General of every sale, delivery, or other disposal by him of any controlled substance, and each dis- tributor shall make such reports with respect to narcotic controlled substances, identifying by the registration number assigned under this title the person or establishment (unless exempt from registration under section 302(d)) to whom such sale, delivery, or other disposal w^as made. (e) Eegulations under sections 505(i) and 512(j) of the Federal Food, Drug, and Cosmetic Act, relating to investigational use of drugs, 7652Stat. Stat. 1052:; 783. shall include such procedures as the Secretary, after consultation with 82 Stat. 343. the Attorney General, determines are necessary to insure the security 21 u s e 355, 360b. and accountability of controlled substances used in research to which such regulations apply. ORDER FORMS SEC. 308. (a) I t shall be unlawful for any person to distribute a Unlawful dis- tribution. controlled substance in schedule I or I I 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) and regulations prescribed by him pursuant to this section. (b) Nothing in subsection (a) shall apply to— Nonapplicabil- ity. (1) the exportation of such substances from the United States in conformity with title I I I ; Post, p 1285. (2) the delivery of such a substance to or by a common or con- tract 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). (c) (1) Every person who in pursuance of an order required under Preservation and availability. subsection (a) 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 Duplicate, preservation and (a) shall, at or before the time of giving such order, make or cause availability. to be made a duplicate thereof on a form to be issued by the Attorney General in blank in accordance with subsection (d) 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 em- ployees mentioned in paragraph (1) of this subsection.
1260 PUBLIC LAW 91-513-OCT. 27, 1970 [84 STAT. Forms, issuance. (d) (1) The Attorney General shall issue forms pursuant to sub- sections (a) and (c) (2) only to persons validly registered under section 303 (or exempted from registration under section 302(d)). Whenever any such form is issued to a person, the Attorney General shall, before delivery thereof, insert therein the name of such per- son, 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. Fees. (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 act. (e) I t 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. PRESCRIPTTONS SEC. 309. (a) Except when dispensed directly by a practitioner, other than a pharmacist, to an ultimate user, no controlled substance in schedule I I , which is a prescription drug as determined under the 52 Stat. 1040. Federal Food, Drug, and Cosmetic Act, may be dispensed without the 21 u s e 301. written prescription of a practitioner, except that in emergency situa- tions, as prescribed by the Secretary by regulation after consultation with the Attorney General, such drug may be dispensed upon oral 65 Stat. 648. prescription in accordance with section 503(b) of that Act. Prescrip- 21 u s e 353. tions shall be retained in conformity with the requirements of section 307 of this title. No prescription for a controlled substance in schedule I I may be refilled. (b) Except when dispensed directly by a practitioner, other than a pharmacist, to an ultimate user, no controlled substance in schedule I I I or IV, which is a prescription drug as determined under the Fed- eral Food, Drug, and Cosmetic Act, may be dispensed without a writ- ten 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. (c) No controlled substance in schedule V which is a drug may be distributed or dispensed other than for a medical purpose. (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 poten- tial, he shall so advise the Secretary and furnish to him all available data relevant thereto. PART D — O F F E N S E S AND PENALTIES PROHIBITED ACTS A—PENALTIES SEC. 401. (a) Except as authorized by this title, it shall be unlawful for any person knowingly or intentionally— (1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled sub- stance; or (2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.
84 STAT. ] PUBLIC LAW 91-513-OCT. 27, 1970 1261 (b) Except as otherwise provided in section 405, any person wlio P°^*' P- ^^es. violates subsection (a) of this section shall be sentenced as follows: (1) (A) In the case of a controlled substance in schedule I or I I Penalties, which is a narcotic drug, such person shall be sentenced to a term of imprisonment of not more than 15 years, a fine of not more than $25,000, or both. If any person commits such a violation after one or more prior convictions of him for an offense punishable under this paragraph, or for a felony under any other provision of this title or title I I I or other law of the United States relating to narcotic Po^t> P- issa. drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 30 years, a fine of not more than $50,000, or both. Any sentence imposing a term of imprisonment under this para- speciai parole graph shall, in the absence of such a prior conviction, impose a special term. parole term of at least 3 years in addition to such term of imprison- ment and shall, if there was such a prior conviction, impose a special parole term of at least 6 years in addition to such term of imprisonment. (B) In the case of a controlled substance in schedule I or II which is not a narcotic drug or in the case of any controlled substance in schedule III, such person shall be sentenced to a term of imprison- ment of not more than 5 years, a fine of not more than $15,000, or both. If any person commits such a violation after one or more prior convictions of him for an offense punishable under this paragraph, or for a felony under any other provision of this title or title III or other law of the United States relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 10 years, a fine of not more than $30,000, or both. Any sentence impos- ing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a special parole term of at least 2 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a special parole term of at least 4 years in addition to such term of imprisonment. (2) I n the case of a controlled substance in schedule IV, such per- son shall be sentenced to a term of imprisonment of not more than 3 years, a fine of not more than $10,000, or both. If any person com- mits such a violation after one or more prior convictions of him for an offense punishable under this paragraph, or for a felony under any other provision of this title or title III or other law of the United States relating to narcotic drugs, marihuana, or depressant or stimu- lant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 6 years, a fine of not more than $20,000, or both. Any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a special parole term of at least one year in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a special parole term of at least 2 years in addition to such term of imprisonment. (3) In the case of a controlled substance in schedule V, such per- son shall be sentenced to a term of imprisonment of not more than one year, a fine of not more than $5,000, or both. If any person commits such a violation after one or more convictions of him for an offense punishable under this paragraph, or for a crime under any other provision of this title or title I I I or other law of the United States relating to narcotic drugs, marihuana, or depressant or stimu- lant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 2 years, a fine of not more than $10,000, or both.
1262 PUBLIC LAW 91-513-OCT. 27, 1970 [84 STAT. Marihuana, (4) Notwithstanding paragraph ( 1 ) ( B ) of this subsection, any simple possession. pgj.gQjj ^J^Q violates subsBction (a) of this section by distributing a small amount of marihuana for no remuneration shall be treated as provided in subsections (a) and (b) of section 404. Special parole (c) A special parole term imposed under this section or section 405 term. may be revoked if its terms and conditions are violated. In such cir- cumstances the original term of imprisonment shall be increased by the period of the special parole term and the resulting new term of imprisonment shall not be diminished by the time which was spent on special parole. A person whose special parole term has been revoked may be required to serve all or part of the remainder of the new term of imprisonment. A special parole term provided for in this sec- tion or section 405 shall be in addition to, and not in lieu of, any other parole provided for by law. P R O H I B I T E D ACTS B — P E N A L T I E S SEC. 402. (a) I t shall be unlawful for any person— (1) who is subject to the requirements of part C to distribute or dispense a controlled substance in violation of section 309; (2) who is a registrant to distribute or dispense a controlled substance not authorized by his registration to another registrant or other authorized person or to manufacture a controlled sub- stance not authorized by his registration; (3) who is a registrant to distribute a controlled substance in violation of section 305 of this title; (4) to remove, alter, or obliterate a symbol or label required by section 305 of this title; (5) to refuse or fail to make, keep, or furnish any record, report, notification, declaration, order or order form, statement, Post, p . 1285. invoice, or information required under this title or title I I I ; (6) to refuse any entry into any premises or inspection author- ized by this title or title I I I ; (7) to remove, break, injure, or deface a seal placed upon con- Ante, p . 1256. trolled substances pursuant to section 304(f) or 511 or to remove Post, p . 1276. or dispose of substances so placed under seal; or (8) to use, to his own advantage, or to reveal, other than to duly authorized officers or employees of the United States, or to the courts when relevant in any judicial proceeding under this title or title I I I , any information acquired in the course of an inspection authorized by this title concerning any method or process which as a trade secret is entitled to protection. (b) I t shall be unlawful for any person who is a registrant to manu- facture a controlled substance in schedule I or I I which is— (1) not expressly authorized by his registration and by a qujota assigned to him pursuant to section 306; or (2) in excess of a quota assigned to him pursuant to section 306. Penalty. (c) (1) Except as provided in paragraph (2), any person who vio- lates this section shall, with respect to any such violation, be subject Jurisdiction. to a civil penalty of not more than $25,000. The district courts of the United States (or, where there is no such court in the case of any ter- ritory or possession of the United States, then the court in such ter- ritory or possession having the jurisdiction of a district court of the United States in cases arising under the Constitution and laws of the United States) shall have jurisdiction in accordance with section 1355 62 Stat. 934. of title 28 of the United States Code to enforce this paragraph.
84 STAT. ] PUBLIC LAW 91-513-OCT. 27, 1970 1263 (2) (A) If a violation of this section is prosecuted by an informa- tion or indictment which alleges that the violation was committed knowingly and the trier of fact specifically finds that the violation was so committed, such person shall, except as otherwise provided in sub- paragraph (B) of this paragraph, be sentenced to imprisonment of Penalty. not more than one year or a fine of not more than $25,000, or both. (B) If a violation referred to in subparagraph (A) was committed after one or more prior convictions of the offender for an offense punishable under this paragraph (2), or for a crime under any other provision of this title or title I I I or other law of the United States Post, p. 1285. relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term Penalty. of imprisonment of not more than 2 years, a fine of $50,000, or both. (3) Except under the conditions specified in paragraph (2) of Exception. this subsection, a violation of this section does not constitute a crime, and a judgment for the United States and imposition of a civil penalty pursuant to paragraph (1) shall not give rise to any disability or legal disadvantage based on conviction for a criminal offense. PROHIBITED ACTS C—PENALTIES SEC. 403. (a) I t shall be unlawful for any person knowingly or intentional 1 y— (1) who is a registrant to distribute a controlled substance classified in schedule I or I I , in the course of his legitimate busi- ness, except pursuant to an order or an order form as required by section 308 of this title; _ Ante, p. 1259. (2) to use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended, or issued to another person; (3) to acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge; (4) to furnish false or fraudulent material information in, or omit any material information from, any application, report, record, or other document required to be made, kept, or filed under this title or title I I I ; or (5) to make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trade- mark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render such drug a coun- terfeit substance. (b) I t shall be unlawful for any person knowingly or intentionally to use any communication facility in committing or in causing or facilitating the commission of any act or acts constituting a felony under any provision of this title or title I I I . Each separate use of a communication facility shall be a separate offense under this sub- section. For purposes of this subsection, the term "communication facility." "Communication facility" means any and all public and private instrumentalities used or useful in the transmission of writing, signs, signals, pictures, or sounds of all kinds and includes mail, telephone, wire, radio, and all other means of communication. (c) Any person who violates this section shall be sentenced to a Penalty. term of imprisonment of not more than 4 years, a fine of not more than $30,000, or both; except that if any person commits such a viola- tion after one or more prior convictions of him for violation of this section, or for a felony under any other provision of this title or title I I I or other law of the United States relating to narcotic drugs.
1264 PUBLIC LAW 91-513-OCT. 27, 1970 [84 STAT. marihuana, or depressant or stimulant substances, have become final, Penalty. such persou shall be sentenced to a term of imprisonment of not more than 8 years, a fine of not more than $60,000, or both. P E N A L T Y FOR S I M P L E POSSESSION j CONDITIONAL DISCHARGE A N D E X P U N G - I N G OF RECORDS FOR F I R S T O F F E N S E SEC. 404. (a) I t shall be unlawful for any person knowingly or intentionally to possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner, while acting in the course of his professional Post, p. 1285. practice, or except as otherwise authorized by this title or title III. Any person who violates this subsection shall be sentenced to a term of imprisonment of not more than one year, a fine of not more than $5,000, or both, except that if he commits such offense after a prior conviction or convictions under this subsection have become final, he shall be sentenced to a term of imprisonment of not more than 2 years, a fine of not more than $10,000, or both. (b) (1) If any person who has not previously been convicted of violating subsection (a) of this section, any other provision of this title or title III, or any other law of the United States relating to narcotic drugs, marihuana, or depressant or stimulant substances, is found guilty of a violation of subsection (a) of this section after trial or upon a plea of guilty, the court may, without entering a judgment of guilty and with the consent of such person, defer further proceed- ings and place him on probation upon such reasonable conditions as it may require and for such period, not to exceed one year, as the court may prescribe. Upon violation of a condition of the probation, the court may enter an adjudication of guilt and proceed as otherwise provided. The court may, in its discretion, dismiss the proceedings against such person and discharge him from probation before the expiration of the maximum period prescribed for such person's proba- tion. If during the period of his probation such person does not violate any of the conditions of the probation, then upon expiration of such period the court shall discharge such person and dismiss the proceed- ings against him. Discharge and dismissal under this subsection shall Nonpublic rec- he without court adjudication of guilt, but a nonpublic record thereof ord, r e t e n t i o n . shall be retained by the Department of Justice solely for the purpose of use by the courts in determining whether or not, in subsequent proceedings, such person qualifies under this subsection. Such dis- charge or dismissal shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime (including the penalties prescribed under this part for second or subsequent convictions) or for any other purpose. Discharge and dismissal under this section may occur only once with respect to any person. (2) Upon the dismissal of such person and discharge of the pro- ceedings against him under paragraph (1) of this subsection, such person, if he was not over twenty-one years of age at the time of the offense, may apply to the court for an order to expunge from all official records (other than the nonpublic records to be retained by the Department of Justice under paragraph (1)) all recordation relat- ing to his arrest, indictment or information, trial, finding of guilty, and dismissal and discharge pursuant to this section. If the court determines, after hearing, that such person was dismissed and the proceedings against him discharged and that he was not over twenty- one years of age at the time of the offense, it shall enter such order.
84 STAT. ] PUBLIC LAW 91-513-OCT. 27, 1970 1265 The effect of such order shall be to restore such person, in the con- templation of the law, to the status he occupied before such arrest or indictment or information. No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failures to recite or acknowledge such arrest, or indictment or information, or trial in response to any inquiry made of him for any purpose. D I S T R I B U T I O N TO PERSONS U N D E R AGE T W E N T Y - O N E SEC. 405. (a) Any person at least eighteen years of age who violates section 401(a) (1) by distributing a controlled substance to a person under twenty-one years of age is (except as provided in subsection (b)) punishable by (1) a term of imprisonment, or a fine, or both, up to twice that authorized by section 401(b), and (2) at least twice any special parole term authorized by section 401(b), for a first offense involving the same controlled substance and schedule. (b) Any person at least eighteen years of age who violates section 401(a)(1) by distributing a controlled substance to a person under twenty-one years of age after a prior conviction or convictions under subsection (a) of this section (or under section 303(b) (2) of the Fed- eral Food, Drug, and Cosmetic Act as in effect prior to the effective 21 use* 333.^' date of section 701(b) of this Act) have become final, is punishable Post, p. 1281., by (1) a term of imprisonment, or a fine, or both, up to three times that authorized by section 401(b), and (2) at least three times any special parole term authorized by section 401(b), for a second or subsequent offense involving the same controlled substance and schedule. ATTEMPT AND CONSPIRACY SEC. 406. Any person who attempts or conspires to commit any offense defined in this title is punishable by imprisonment or fine or both which may not exceed the maximum punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy. ADDITIONAL PENALTIES SEC. 407. Any penalty imposed for violation of this title shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law. CONTINUING CRIMINAL ENTERPRISE SEC. 408. (a) (1) Any person who engages in a continuing criminal enterprise shall be sentenced to a term of imprisonment which may penalty. not be less than 10 years and which may be up to life imprisonment, to a fine of not more than $100,000, and to the forfeiture prescribed in paragraph (2) ; except that if any person engages in such activity after one or more prior convictions of him under this section have become final, he shall be sentenced to a term of imprisonment which may not be less than 20 years and whidh may be up to life imprison- ment, to a fine of not more than $200,000, and to the forfeiture pre- scribed in paragraph (2). (2) Any person who is convicted under paragraph (1) of engag- Forfeiture. ing in a continuing criminal enterprise shall forfeit to the United States— (A) the profits obtained by him in such enterprise, and
1266 PUBLIC LAW 91-513-OCT. 27, 1970 [84 STAT. (B) any of his interest in, claim against, or property or con- tractual rights of any kind affording a source of influence over, such enterprise. (b) For purposes of subsection ( a ) , a person is engaged in a con- tinuing criminal enterprise if— Post, p . 1285. (1) he violates any provision of this title or title I I I the pun- ishment for which is a felony, and (2) such violation is a part of a continuing series of violations of this title or title I I I — (A) which are undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, and (B) from which such person obtains substantial income or resources. (c) In the case of any sentence imposed under this section, imposi- tion or execution of such sentence shall not be suspended, probation shall not be granted, and section 4202 of title 18 of the United States 65 Stat. 150. Code and the Act of July 15, 1932 (D.C. Code, sees. 24-203—24-207), 47 Stat. 6 9 7 ; 61 Stat. 3 7 8 ; shall not apply. 67 Stat. 9 1 ; (d) The district courts of t)he LTnited States (including courts in 79 Stat. 1 1 3 . Jurisdiction. the territories or possessions of the United States having jurisdiction under subsection ( a ) ) shall have jurisdiction to enter such restrain- ing orders or prohibitions, or to take such other actions, including the acceptance of satisfactory performance bonds, in connection with any property or other interest subject to forfeiture under this sec- tion, as they shall deem proper. DANGEROUS SPECIAL DRUG OFFENDER SENTENCING SEC. 409. (a) Whenever a United States attorney charged with the prosecution of a defendant in a court of the United States for an alleged felonious violation of any provision of this title or title I I I committed when the defendant was over the age of twenty-one years has reasons to believe that the defendant is a dangerous special drug offender such United States attorney, a reasonable time before trial or acceptance by the court of a plea of guilty or nolo contendere, may Notice, sign and file with the court, and may amend, a notice (1) specifying that the defendant is a dangerous special drug offender who upon conviction for such felonious violation is subject to the imposition of a sentence under subsection (b) of this section, and (2) setting out with particularity the reasons why such attorney believes the defend- Prohibition. ant to be a dangerous special drug offender. In no case shall the fact that the defendant is alleged to be a dangerous special drug offender be an issue upon the trial of such felonious violation, be disclosed to the jury, or be disclosed before any plea of guilty or nolo contendere or verdict or finding of guilty to the presiding judge without the consent of the parties. If the court finds that the filing of the notice as a public record may prejudice fair consideration of a pending criminal matter, it may order the notice sealed and the notice shall not be subject to subpena or public inspection during the pendency of such criminal matter, except on order of the court, but shall be subject to inspection by the defendant alleged to be a dangerous special drug offender and his counsel. Hearing without (b) Upon any plea of guilty or nolo contendere or verdict or finding jury. of guilty of the defendant of such felonious violation, a hearing shall be held, before sentence is imposed, by the court sitting without a jury.
84 STAT. ] PUBLIC LAW 91-513-OCT. 27, 1970 1267 The court shall fix a time for the hearing, and notice thereof shall be Notice. given to the defendant and the United States at least ten days prior thereto. The court shall permit the United States and counsel for the Presentence re- port, inspection. defendant, or the defendant if he is not represented by counsel, to in- spect the presentence report sufficiently prior to the hearing as to afford a reasonable opportunity for verification. I n extraordinary cases, the court may withhold material not relevant to a proper sen- t<?ince, diagnostic opinion which might seriously disrupt a program of rehabilitation, any source of information obtained on a promise of confidentiality, and material previously disclosed in open court. A court withholding all or part of a presentence report shall inform the parties of its action and place in the record the reasons therefor. The court may require parties inspecting all or part of a presentence report to give notice of any part thereof intended to be controverted. In con- nection with the hearing, the defendant and the United States shall be entitled to assistance of counsel, compulsory process, and cross-exami- nation of such witnesses as appear at the hearing. A duly authenti- cated copy of a former judgment or commitment shall be prima facie evidence of such former judgment or commitment. If it appears by a Penalty. preponderance of the information, including information submitted durmg the trial of such felonious violation and the sentencing hear- ing and so much of the presentence report as the court relies upon, that the defendant is a dangerous special drug offender, the court shall sentence the defendant to imprisonment for an appropriate term not to exceed twenty-five years and not disproportionate in severity to the maximum term otherwise authorized by law for such felonious violation. Otherwise it shall sentence the defendant in accordance with the law prescribing penalties for such felonious violation. The court shall place in the record its findings, including an identification of the information relied upon in makmg such findings, and its reasons for the sentence imposed. (c) This section shall not prevent the imposition and execution of a sentence of imprisonment for life or for a term exceeding twenty- five years upon any person convicted of an offense so punishable. (d) Notwithstanding any other provision of this section, the court shall not sentence a dangerous special drug offender to less than any mandatory minimum penalty prescribed by law for such felonious violation. This section shall not be construed as creating any man- datory minimum penalty. (e) A defendant is a special drug offender for purposes of this special drug s e c t i o n if offender. (1) the defendant has previously been convicted in courts of the United States or a State or any political subdivision thereof for two or more offenses involving dealing in controlled sub- stances, committed on occasions different from one another and different from such felonious violation, and punishable in such courts by death or imprisonment in excess of one year, for one or more of such convictions the defendant has been imprisoned prior to the commission of such felonious violation, and less than five years have elapsed between the commission of such felonious violation and either the defendant's release, or parole or other- wise, from imprisonment for one such conviction or his com- mission of the last such previous offense or another offense involv- ing dealing in controlled substances and punishable by death or imprisonment in excess of one year under applicable laws of the United States or a State or any political subdivision thereof; or (2) the defendant committed such felonious violation as part of a pattern of dealing in controlled substances which was crimi-
1268 PUBLIC LAW 91-513-OCT. 27, 1970 [84 STAT. nal under applicable laws of any jurisdiction, which constituted a substantial source of his income, and in which he manifested special skill or expertise; or (3) such felonious violation was, or the defendant committed such felonious violation in furtherance of, a conspiracy with three or more other persons to engage in a pattern of dealing in con- trolled substances which was criminal under applicable laws of any jurisdiction, and the defendant did, or agreed that he would, initiate, organize, plan, finance, direct, manage, or supervise all or part of such conspiracy or dealing, or give or receive a bribe or use force in connection with such dealing. A conviction shown on direct or collateral review or at the hearing to be invalid or for which the defendant has been pardoned on the ground of innocence shall be disregarded for purposes of paragraph (1) of this subsection. I n support of findings under paragraph (2) of this subsection, it may be shown that the defendant has had in his own name or under his control income or property not explained as derived Substantial from a source other than such dealing. For purposes of paragraph (2) source of income. of this subsection, a substantial source of income means a source of income which for any period of one year or more exceeds the mini- mum wage, determined on the basis of a forty-hour week and fifty- week year, without reference to exceptions, under section 6 ( a ) ( 1 ) of 80 Stat. 838. the Fair Labor Standards Act of 1938 for an employee engaged in 29 u s e 206. commerce or in the production of goods for commerce, and which for the same period exceeds fifty percent of the defendant's declared adjusted gross income under section 62 of the Internal Revenue Code 68A Stat. 17; of 1954. For purposes of paragraph (2) of this subsection, special skill 83 Stat. 655. or expertise in such dealing includes unusual knowledge, judgment or 26 u s e 6 2 . Dealing. ability, including manual dexterity, facilitating the initiation, orga- nizing, planning, financing, direction, management, supervision, exe- cution or concealment of such dealing, the enlistment of accomplices in such dealing, the escape from detection or apprehension for such deal- ing, or the disposition of the fruits or proceeds of such dealing. For purposes of paragraphs (2) and (3) of this subsection, such dealing forms a pattern if it embraces criminal acts that have the same or similar purposes, results, participants, victims, or methods of commis- sion, or otherwise are interrelated by distinguishing characteristics and are not isolated events. Defendant, dan> (f) A defendant is dangerous for purposes of this section if a period gerous. of confinement longer than that provided for such felonious violation is required for the protection of the public from further criminal con- duct by the defendant. Appeal. (g) The time for taking an appeal from a conviction for which sentence is imposed after proceedings under this section shall be meas- ured from imposition of the original sentence. Sentence, review. (h) With respect to the imposition, correction, or reduction of a sentence after proceedings under this section, a review of the sentence on the record of the sentencing court may be taken by the defendant or the United States to a court of appeals. Any review of the sentence taken by the United States shall be taken at least five days before expiration of the time for taking a review of the sentence or appeal of the conviction by the defendant and shall be diligently prosecuted. The sentencing court may, with or without motion and notice, extend the time for taking a review of the sentence for a period not to exceed thirty days from the expiration of the time otherwise prescribed by law. The court shall not extend the time for taking a review of the sentence by the United States after the time has expired. A court
84 STAT. ] PUBLIC LAW 91-513-OCT. 27, 1970 1269 extending the time for taking a review of the sentence by the United States shall extend the time for taking a review of the sentence or appeal of the conviction by the defendant for the same period. The taking of a review of the sentence by the United States shall be deemed the taking of a review of the sentence and an appeal of the convic- tion by the defendant. Review of the sentence shall include review of whether the procedure employed was lawful, the findings made were clearly erroneous, or the sentencing court's discretion was abused. The court of appeals on review of the sentence may, after considering the record, including the entire presentence report, information sub- mitted during the trial of such felonious violation and the sentencing hearing, and the findings and reasons of the sentencing court, affirm the sentence, impose or direct the imposition of any sentence which the sentencing court could originally have imposed, or remand for further sentencing proceedings and imposition of sentence, except that a sentence may be made more severe only on review of the sentence taken by the United States and after hearing. Failure of the United States to take a review of the imposition of the sentence shall, upon re- view taken by the United States of the correction or reduction of the sentence, foreclose imposition of a sentence more severe than that previously imposed. Any withdrawal or dismissal of review of the sentence taken by the United States shall foreclose imposition of a sentence more severe than that reviewed but shall not otherwise fore- close the review of the sentence or the appeal of the conviction. The court of appeals shall state in writing the reasons for its disposition of the review of the sentence. Any review of the sentence taken by the United States may be dismissed on a showing of the abuse of the right of the United States to take such review. I N F O R M A T I O N FOR SENTENCING SEC. 410. Except as otherwise provided in this title or section 808(a) of the Public Health Service Act, no limitation shall be placed on the Ante, p . 1241. information concerning the background, character, and conduct of a person convicted of an offense which a court of the United States may receive and consider for the purpose of imposing an appropriate sentence under this title or title I I I . Post, p . 128,5. PROCEEDINGS TO E S T A B L I S H PRIOR CONVICTIONS SEC. 411. (a) (1) No person who stands convicted of an offense under this part shall be sentenced to increased punishment by reason of one or more prior convictions, unless before trial, or before entry of a plea of guilty, the United States attorney files an information with the court (and serves a copy of such information on the person or counsel for the person) stating in writing the previous convictions to be relied upon. Upon a showing by the United States attorney that facts regarding prior convictions could not with due diligence be ob- tained prior to trial or before entry of a plea of guilty, the court may postpone the trial or the taking of the plea of guilty for a reasonable period for the purpose of obtaining such facts. Clerical mistakes in the information may be amended at any time prior to the pronounce- ment of sentence. (2) An information rnay not be filed under this section if the Prohibition. increased punishment which may be imposed is imprisonment for a term in excess of three years unless the person either waived or was afforded prosecution by indictment for the offense for which such increased punishment may be imposed.
1270 PUBLIC LAW 91-513-OCT. 27, 1970 [84 STAT. Previous convic- (b) If the United States attorney files an information under this tion, affirmation or denial. section, the court shall after conviction but before pronouncement of sentence inquire of the person with respect to whom the information was filed whether he affirms or denies that he has been previously convicted as alleged in the information, and shall inform him that any challenge to a prior conviction which is not made before sentence is imposed may not thereafter be raised to attack the sentence. Denial, written (c) (1) i f the person denies any allegation of the information of response. prior conviction, or claims that any conviction alleged is invalid, he shall file a written response to the information. A copy of the response Hearing. shall be served upon the United States attorney. The court shall hold a hearing to determine any issues raised by the response which would except the person from increased punishment. The failure of the United States attorney to include in the information the complete criminal record of the person or any facts in addition to the convic- tions to be relied upon shall not constitute grounds for invalidating Court without the notice given in the information required by subsection (a) (1). The juryj evidence. hearing shall be before the court without a jury and either party may introduce evidence. Except as otherwise provided in paragraph (2) of this subsection, the United States attorney shall have the burden of proof beyond a reasonable doubt on any issue of fact. A t the request of either party, the court shall enter findings of fact and conclusions of law. Constitution of (2) A person claiming that a conviction alleged in the information U . S . , violation. was obtained in violation of the Constitution of the United States shall set forth his claim, and the factual basis therefor, with partic- ularity in his response to the information. The person shall have the burden of proof by a preponderance of the evidence on any issue of fact raised by the response. Any challenge to a prior conviction, not raised by response to the information before an increased sentence is imposed in reliance thereon, shall be waived unless good cause be shown for failure to make a timely challenge. Sentence, im- position. (d) (1) If the person files no response to the information, or if the court determines, after hearing, that the person is subject to in- creased punishment by reason of prior convictions, the court shall proceed to impose sentence upon him as provided by this part. (2) If the court determines that the person has not been convicted as alleged in the information, that a conviction alleged in the in- formation is invalid, or that the person is otherwise not subject to an increased sentence as a matter of law, the court shall, at the request of the United States attorney, postpone sentence to allow an appeal from that determination. If no such request is made, the court shall impose sentence as provided by this part. The person may appeal from an order postponing sentence as if sentence had been pronounced and a final judgment of conviction entered. Statute of (e) No person who stands convicted of an offense under this part limitations. may challenge the validity of any prior conviction alleged under this section which occurred more than five years before the date of the information alleging such prior conviction. PART E—ADMINISTRATIVE AND ENFORCEMENT PROVISIONS rROCEDURES Attorney Gen- eral, functions, SEC. 501. (a) The Attorney General may delegate any of his func- delegation. tions under this title to any officer or employee of the Department of Justice.
84 STAT. ] PUBLIC LAW 91-513-OCT. 27, 1970 1271 (b) The Attorney General may promulgate and enforce any rules, Regulations. regulations, and procedures which he may deem necessary and appro- priate for the efficient execution of his functions under this title. (c) The Attorney General may accept in the name of the Depart- ce?tance!*''*' ^'" ment of Justice any form of devise, bequest, gift, or donation where the donor intends to donate property for the purpose of preventing or controlling the abuse of controlled substances. He may take all appropriate steps to secure possession of such property and may sell, assign, transfer, or convey any such property other than moneys. EDUCATION A N D RESEARCH PROGRAMS OE T H E ATTORNEY GENERAL SEC. 502. (a) The Attorney General is authorized to carry out edu- cational and research programs directly related to enforcement of the laws under his jurisdiction concerning drugs or other substances which are or may be subject to control under this title. Such programs may include— (1) educational and training programs on drug abuse and con- trolled substances law enforcement for local. State, and Federal personnel; (2) studies or special projects designed to compare the deter- rent effects of various enforcement strategies on drug use and abuse; (3) studies or special projects designed to assess and detect accurately the presence in the human body of drugs or other sub- stances which are or may be subject to control under this title, including the development of rapid field identification methods which would enable agents to detect microquantities of such drugs or other substances; (4) studies or special projects designed to evaluate the nature and sources of the supply of illegal drugs throughout the country; (5) studies or special projects to develop more effective methods to prevent diversion of controlled substances into illegal channels; and (6) studies or special projects to develop information necessary to carry out his functions under section 201 of this title. ^"'e, p. 1245. (b) The Attorney General may enter into contracts for such educa- tional and research activities without performance bonds and without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). (c) The Attorney General may authorize persons engaged in re- Research popu- search to withhold the names and other identifying characteristics of cauon!' ''*^"'"'" persons who are the subjects of such research. Persons who obtain this authorization may not be compelled in any Federal, State, or local civil, criminal, administrative, legislative, or other proceeding to identify the subjects of research for which such authorization was obtained. (d) The Attorney General, on his own motion or at the request of ,f °"^''°"^''„t"^" the Secretary, may authorize the possession, distribution, and dispens- s t a n c e s , e x c e p t i o n . ing of controlled substances by persons engaged in research. Persons who obtain this authorization shall be exempt from State or Federal prosecution for possession, distribution, and dispensing of controlled substances to the extent authorized by the Attorney General. COOPERATIVE ARRANGEMENTS SEC. 503. (a) The Attorney General shall cooperate with local. State, and Federal agencies concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, he is authorized to— 47-348 0 - 7 2 - 8 4 (Pt. 1)
1272 PUBLIC LAW 91-513-OCT. 27, 1970 [84 STAT. (1) arrange for the exchange of information between govern- mental officials concerning the use and abuse of controlled substances; (2) cooperate in the institution and prosecution of cases in the courts of the United States and before the licensing boards and courts of the several States; (3) conduct training programs on controlled substance law enforcement for local, State, and Federal personnel; (4) maintain in the Department of Justice a unit which will ac- cept, catalog, file, and otherwise utilize all information and statis- tics, including records of controlled substance abusers and other controlled substance law oifenders, which may be received from Federal, State, and local agencies, and make such information available for Federal, State, and local law enforcement purposes; and (5) conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled sub- stances may be extracted. Assistance. (b) When recjuested by the Attorney General, it shall be the duty of any agency or instrumentality of the Federal Government to furnish assistance, including technical advice, to him for carrying out his func- Confidential tions under this title; except that no such agency or instrumentality lnformation» shall be required to furnish the name of, or other identifying informa- tion about, a patient or research subject whose identity it has under- taken to keep confidential. ADVISORY COMMITTEES Appointment. SEC. 504. The Attorney General may from time to time appoint com- mittees to advise him with respect to preventing and controlling the Compensation, abuse of controlled substances. Members of the committees may be entitled to receive compensation at the rate of $100 for each day (including traveltime) during which they are engaged in the actual Travel expenses, performance of duties. While traveling on official business in the per- etc. formance of duties for the committees, members of the committees shall be allowed expenses of travel, including per diem instead of sub- sistence, in accordance with subchapter I of chapter 57 of title 5, 80 Stat. 498; United States Code. 83 Stat. 190. 5 u s e 5701. ADMINISTRATIVE HEARINGS SEC. 505. (a) In carrying out his functions under this title, the Attorney General may hold hearings, sign and issue subpenas, admin- ister oaths, examine witnesses, and receive evidence at any place in the United States. (b) Except as otherwise provided in this title, notice shall be given and hearings shall be conducted under appropriate procedures of sub- 80 Stat. 381. chapter I I of chapter 5, title 5, United States Code. 5 u s e 551. SUBPENAS SEC. 506. (a) In any investigation relating to his functions under this title with respect to controlled substances, the Attorney General may subpena witnesses, compel the attendance and testimony of witnesses, and require the production of any records (including Dooks, papers, documents, and other tangible things which constitute or contain evidence) which the Attorney General finds relevant or material to the investigation. The attendance of witnesses and the production of records may be required from any place in any State or in any territory
84 STAT. ] PUBLIC LAW 91-513-OCT. 27, 1970 1273 or other place subject to the jurisdiction of the United States at any designated place of hearing; except that a witness shall not be required Exception. to appear at any hearing more than 500 miles distant from the place where he was served with a subpena. Witnesses summoned under this Fees. section shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. (b) A subpena issued under this section may be served by any per- Service. son designated in the subpena to serve it. Service upon a natural pei-son may be made by personal delivery of the subpenai to him. Serv- ice may be made upon a domestic or foreig:n corjDoration or upon a partnership or other unincorporated association which is subject to suit under a common name, by delivering the subpena to an officer, to a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. The affidavit of the person serving the subpena entered on a true copy thereof by the person serving it shall be proof of service. (c) In the case of contumacy by or refusal to obey a subpena issued s^j^^g'^g^^ *° °^'^ to any person, the Attorney General may invoke the aid of any court of the United States within the jurisdiction of which the investigation is carried on or of which the subpenaed person is an inhabitant, or in which he carries on business or may be found, to compel compliance with the subpena. The court may issue an order requiring the sub- order. penaed person to appear before the Attorney General to produce records, if so ordered, or to give testimony touching the matter under investigation. Any failure to obey the order of the court may be d^""'^na°it°''''^ punished by the court as a contempt thereof. All process in any such ""^jurisdiction! case may be served in any judicial district in which such person may be found. .TUDICIAL REVIEW SEC. 507. All final determinations, findings, and conclusions of the Attorney General under this title shall be final and conclusive de- cisions of the matters involved, except that any person aggrieved by a final decision of the Attorney General may obtain review of the decision in the United States Court of Appeals for the District of Columbia or for the circuit in which his principal place of business is located upon petition filed with the court and delivered to the Attor- ney General within thirty days after notice of the decision. Findings of fact by the Attorney General, if supported by substantial evidence, shall be conclusive. POWERS o r ENFORCEMENT PERSONNEL SEC. 508. Any officer or employee of the Bureau of Narcotics and Dangerous Drug designated by the Attorney General may— (1) carry firearms; (2) execute and serve search warrants, arrest warrants, admin- istrative inspection warrants, subpenas, and summonses issued under the authority of the United States; (3) make arrests without warrant (A) for any offense against the United States committed in his presence, or (B) for any felony, cognizable under the laws of the United States, if he has probable cause to believe that the person to be arrested has com- mitted or is committing a felony; (4) make seizures of property pursuant to the provisions of this title; and (5) perform such other law enforcement duties as the Attor- ney General may designate.
1274 PUBLIC LAW 91.513~OCT. 27, 1970 [84 STAT. SEARCH WARRANTS SEC, 509. (a) A search warrant relating to offenses involving con- trolled substances may be served at any time of the day or night if the judge or United States magistrate issuing the warrant is satisfied that there is probable cause to believe that grounds exist for the warrant and for its service at such time. Authority to (b) Any officer authorized to execute a search warrant relating to break and enter under certain con- offenses involving controlled substances the penalty for which is ditions. imprisonment for more than one year may, without notice of his author- ity and purpose, break open an outer or inner door or window of a building, or any part of the building, or anything therein, if the judge or United States magistrate issuing the warrant (1) is satisfied that there is probable cause to believe that (A) the property sought may and, if such notice is given, will be easily and quickly destroyed or disposed of, or (B) the giving of such notice will immediately endan- ger the life or safety of the executing officer or another person, and (2) has included in the warrant a direction that the officer executing it shall not be required to give such notice. Any officer acting under such warrant, shall, as soon as practicable after entering the premises, identify himself and give the reasons and authority for his entrance upon the premises. A D M I N I S T R A T I V E I N S P E C T I O N S AND WARRANTS "Controlled SEC. 510. (a) As used in this section, the term "controlled premises" premises," means— (1) places where original or other records or documents required under this title are kept or required to be kept, and (2) places, including factories, warehouses, or other establish- ments, and conveyances, where persons registered under section Ante, p . 1253. 303 (or exempted from registration under section 302(d)) may lawfully hold, manufacture, or distribute, dispense, admin- ister, or otherwise dispose of controlled substances. (b) (1) For the purpose of inspecting, copying, and verifying the correctness of records, reports, or other documents required to be kept or made under this title and otherwise facilitating the carrying out of his functions under this title, the Attorney General is authorized, in accordance with this section, to enter controlled premises and to con- duct administrative inspections thereof, and of the things specified in this section, relevant to those functions. (2) Such entries and inspections shall be carried out through officers or employees (hereinafter referred to as "inspectors") designated by the Attorney General. Any such inspector, upon stating his purpose and presenting to the owner, operator, or agent in charge of such premises (A) appropriate credentials and (B) a written notice of his inspection authority (which notice in the case of an inspection requir- ing, or in fact supported by, an administrative inspection warrant shall consist of such warrant), shall have the right to enter such premise'; and conduct such inspection at reasonable times. (3) Except as may otherwise be indicated in an applicable inspec tion warrant, the inspector shall have the right— (A) to inspect and copy records, reports, and other documents required to be kept or made under this title; (B) to inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished drugs and other substances or materials, contain- ers, and labeling found therein, and, except as provided in para-
84 STAT. ] PUBLIC LAW 91-513-OCT. 27, 1970 1275 graph (5) of this subsection, all other things therein (includ- ing records, files, papers, processes, controls, and facilities) appropriate for verification of the records, reports, and docu- ments referred to in clause (A) or otherwise bearing on the provi- sions of this title; and (C) to inventory any stock of any controlled substance there- in and obtain samples of any such substance. (4) Except when the owner, operator, or agent in charge of the controlled premises so consents in writing, no inspection authorized by this section shall extend to— (A) financial data; (B) sales data other than shipment data; or (C) pricing data. (c) A warrant under this section shall not be required for the inspection of books and records pursuant to an administrative sub- pena issued in accordance with section 506, nor for entries and ad- ministrative inspections (including seizures of property)— (1) wdth the consent of the owner, operator, or agent in charge of the controlled premises; (2) in situations presenting imminent danger to health or safety; (3) in situations involving inspection of conveyances w^here there is reasonable cause to believe that the mobility of the con- veyance makes it impracticable to obtain a w^arrant; (4) in any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; or (5) in any other situations where a warrant is not constitu- tionally required. (d) Issuance and execution of administrative inspection warrants Administrative inspection war« shall be as follows: rants, issuance (1) Any judge of the United States or of a State court of record, ^"d execution or any United States magistrate, may, within his territorial jurisdic- tion, and upon proper oath or affirmation showing probable cause, issue w^arrants for the purpose of conducting administrative inspec- tions authorized by this title or regulations thereunder, and seizures of property appropriate to such inspections. For the purposes of this "Probable cause," section, the term "probable cause" means a valid public interest in the effective enforcement of this title or regulations thereunder sufficient to justify administrative inspections of the area, premises, building, or conveyance, or contents thereof, in the circumstances specified in the application for the warrant. (2) A warrant shall issue only upon an affidavit of an officer or employee having knowledge of the facts alleged, sworn to before the judge or magistrate and establishing the grounds for issuing the war- rant. If the judge or magistrate is satisfied that grounds for the appli- cation exist or that there is probable cause to believe they exist, he shall issue a warrant identifying the area, premises, building, or conveyance to be inspected, the purpose of such inspection, and, where appropriate, the type of property to be inspected, if any. The warrant shall identify the items or types of property to be seized, if any. The warrant shall be directed to a person authorized under subsection (b) (2) to execute it. The warrant shall state the grounds for its issuance and the name of the person or persons whose affidavit has been taken in support thereof. It shall command the person to whom it is directed to inspect the area, premises, building, or conveyance identified for the purpose specified, and, where appropriate, shall direct the seizure of the prop- erty specified. The warrant shall direct that it be served during normal business hours. It shall designate the judge or magistrate to whom it shall be returned.
1276 PUBLIC LAW 91-513-OCT. 27, 1970 [84 STAT. (3) A warrant issued pursuant to this section must be executed and returned within ten days of its date unless, upon a showing by the L'nited States of a need therefor, the judge or magistrate allows addi- tional time in the warrant. If property is seized pursuant to a war- rant, the person executing the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken. The return of the warrant shall be made promptly and shall be accom- panied by a written inventory of any property taken. The inventory shall be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken, if they are present, or in the presence of at least one credible person other than the person making such inventory, and shall be verified by the person executing the warrant. The judge or magistrate, upon request, shall deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the appli- cant for the warrant. Warrants, filing. (4) The judgc or magistrate who has issued a warrant under this section shall attach to the warrant a copy of the return and all papers filed in connection therewith and shall file them with the clerk of the district court of the United States for the judicial district in which the inspection was made. FORPEITURES SEC. 511. (a) The following shall be subject to forfeiture to the United States and no property right shall exist in them: (1) All controlled substances which have been manufactured, distributed, dispensed, or acquired in violation of this title. (2) All raw materials, products, and equipment of any kind which are used, or intended for use, in manufacturing, compound- ing, processing, delivering, importing, or exporting any controlled substance in violation (vf this title. (3) All property which is used, or intended for use, as a con- tainer for property described in paragraph (1) or (2). (4) All conveyances, including aircraft, vehicles, or vessels, which are used, or are intended for use, to transport, or in any manner to facilitate the transportation, sale, receipt, possession, or concealment of property described in paragrapn (1) or (2), except that— (A) no conveyance used by any person as a common carrier in the transaction of business as a common carrier shall be forfeited under the provisions of this section unless it shall appear that the owner or other person in charge of such con- vey^ance was a consenting party or privy to a violation of Post, p . 1285. this title or title I I I ; and (B) no conveyance shall be forfeited under the provisions of this section by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than such owner while such conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States, or of any State. (5) All books, records, and research, including formulas, micro- film, tapes, and data which are used, or intended for use, in violation of this title.
84 STAT. ] PUBLIC LAW 91-513-OCT. 27, 1970 1277 (b) Any property subject to forfeiture to the United States under this title may be seized by the Attorney General upon process issued pursuant to the Supplemental Rules for Certain Admiralty and Mari- time Claims by any district court of the United States having juris- diction over the property, except that seizure without such process may be made when— (1) the seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant; (2) the property subject to seizure has been the subject of a prior judgment in favor of the United States in a criminal in- junction or forfeiture proceeding under this title; (3) the Attorney General has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or (4) the Attorney General has probable cause to believe that the property has been used or is intended to be used in violation of this title. In the event of seizure pursuant to paragraph (3) or (4) of this sub* section, proceedings under subsection (d) of this section shall be instituted promptly. (c) Property taken or detained under this section shall not be seized property, repleviable, but shall be deemed to be in the custody of the Attorney custody. General, subject only to the orders and decrees of the court or the official having jurisdiction thereof. Whenever property is seized under the provisions of this title, the Attorney General may— (1) place the property under seal; (2) remove the property to a place designated by him; or (3) require that the General Services Administration take cus- tody of the property and remove it to an appropriate location for disposition in accordance witlh law. (d) AH provisions of law relating to the seizure, summary and judicial forfeiture, and condemnation of property for violation of the customs laws; the disposition of such property or the proceeds from the sale thereof; the remission or mitigation of such forfeitures; and the compromise of claims and the award of compensation to informers in respect of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this title, insofar as applicable and not inconsistent with the provi- sions hereof; except that such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs laws shall be performed with respect to seizures and forfeitures of property under this title by such officers, agents, or other persons as may be authorized or designated for that purpose by the Attorney General, except to the extent that such duties arise from seizures and forfeitures effected by any customs officer. (e) Whenever property is forfeited under this title the Attorney General may— (1) retain the property for official use; (2) sell any forfeited property which is not required to be destroyed by law and which is not harmful to the public, but the proceeds from any such sale shall be used to pay all proper expenses of the proceedings for forfeiture and sale including expenses of seizure, maintenance of custody, advertising and court costs; (3) require that the General Services Administration take cus- tody of the property and remove it for disposition in accordance with law; or
1278 PUBLIC LAW 91-513-OCT. 27, 1970 [84 STAT. (4) forward it to the Bureau of Narcotics and Dangerous Drugs for disposition (including delivery for medical or scientific use to any Federal or State agency under regulations of the Attorney General). Controlled (f) All controlled substances in schedule I that are possessed, trans- substances, for- feiture. ferred, sold, or offered for sale in violation of the provisions of this title shall be deemed contraband and seized and summarily forfeited to the L^nited States. Similarly, all substances in schedule I, which are seized or come into the possession of the United States, the owners of which are unknown, shall be deemed contraband and summarily forfeited to the United States. (g) (1) All species of plants from which controlled substances in schedules I and II may be derived w^hich have been planted or culti- vated in violation of this title, or of which the owners or cultivators are unknown, or which are wild growths, may be seized and summarily forfeited to the United States. (2) The failure, upon demand by the Attorney General or his duly authorized agent, of the person in occupancy or in control of land or premises upon which such species of plants are growing or being stored, to produce an appropriate registration, or proof that he is the holder thereof, shall constitute authority for the seizure and forfeiture. (3) The Attorney General, or his duly authorized agent, shall have authority to enter upon any lands, or into any dwelling pursuant to a search warrant, to cut, harvest, carry off, or destroy such plants. INJUNCTIONS Jurisdiction. SEC. 512. (a) The district courts of the United States and all courts exercising general jurisdiction in the territories and possessions of the United States shall have jurisdiction in proceedings in accordance with the Federal Rules of Civil Procedure to enjoin violations of this tide. (b) In case of an alleged violation of an injunction or restraining order issued under this section, trial shall, upon demand of the accused, be by a jury in accordance with the Federal Rules of Civil 28 u s e app. Procedure. ENFORCEMENT PROCEEDINGS Notice. SEC. 513. Before any violation of this title is reported by the Director of the Bureau of Narcotics and Dangerous Drugs to any United States attorney for institution of a criminal proceedingj the Director may require that the person against whom such proceeding is contemplated be given appropriate notice and an opportunity to present his views, either orally or in writing, with regard to such contemplated proceeding. IMMUNITY AND PRIVILEGE Refusal to SEC. 514. (a) Whenever a witness refuses, on the basis of his priv- testify, prohibi- tion* ilege against self-incrimination, to testify or provide other informa- tion in a proceeding before a court or grand jury of the United States, involving a violation of this title, and the person presiding over the proceeding communicates to the witness an order issued under this section, the witness may not refuse to comply with the order on the basis of his privilege against self-incrimination. But no testimony or other information compelled under the order issued under subsection (b) of this section or any information obtained by the exploitation of such testimony or other information, may be used against the witness in any criminal case, including any criminal case brought in a court of a State, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order.
84 STAT. ] PUBLIC LAW 91.513-OCT. 27, 1970 1279 (b) I n the case of any individual who has been or may be called to order, testify or provide other information at any proceeding before a court or grand jury of the United States, the United States district court for the judicial district in which the proceeding is or may be held shall issue, upon the request of the United States attorney for such district, an order requiring such individual to give any testimony or provide any other information which he refuses to give or provide on the basis of his privilege against self-incrimination. (c) A United States attorney may, with the approval of the Attor- ney General or the Deputy Attorney General, or any Assistant Attor- ney General designated by the Attorney General, request an order under subsection (b) when in his judgment— (1) the testimony or other information from such individual may be necessary to the public interest; and (2) such individual has refused or is likely to refuse to testify or provide other information on the basis of his privilege against self-incrimination. BURDEN o r PROOF; LIABILITIES SEC. 515. (a) (1) I t shall not be necessary for the United States to negative any exemption or exception set forth in this title in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this title, and the burden of going forward with the evidence with respect to any such exemption or exception shall be upon the person claiming its benefit. (2) I n the case of a person charged under section 404(a) with the ^"'e, p. i264. possession of a controlled substance, any label identifying such sub- stance for purposes of section 503(b) (2) of the Federal Food, Drug, and Ck)smetic Act shall be admissible in evidence and shall be prima ^s stat. 648. facie evidence that such substance was obtained pursuant to a valid ^^ "^^ ^^^• prescription from a practitioner while acting in the course of his professional practice. (b) I n the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this title, he shall be presumed not to be the holder of such registration or form, and the burden of going forward with the evidence with respect to such registration or form shall be upon him. (c) The burden of going forward with the evidence to establish that a vehicle, vessel, or aircraft used in connection with controlled substances in schedule I was used in accordance with the provisions of this title shall be on the persons engaged in such use. (d) Except as provided in sections 2234 and 2235 of title 18, hitufo""^^'^'"" United States Code, no civil or criminal liability shall be imposed by 62 s°tLt. soa. virtue of this title upon any duly authorized Federal officer lawfully engaged in the enforcement of this title, or upon any duly authorized officer of any State, territory, political subdivision thereof, the District of Columbia, or any possession of the United States, who shall be law- fully engaged in the enforcement of any law or municipal ordinance relating to controlled substances. PAYMENTS AND ADVANCES SEC. 516. (a) The Attorney General is authorized to pay any per- informers, pay- son, from funds appropriated for the Bureau of Narcotics and Dan- ment. ""'"' gerous Drugs, for information concerning a violation of this title, such sum or sums of money as he may deem appropriate, without refer- ence to any moieties or rewards to which such person may otherwise be entitled by law.
1280 PUBLIC LAW 91-513-OCT. 27, 1970 [84 STAT. (b) Moneys expended from appropriations of the Bureau of Nar- cotics and Dangerous Drugs for purchase of controlled substances and subsequently recovered shall be reimbursed to the current appropria- tion for the Bureau. Funds,advance- ment, authority of (c) The Attorney General is authorized to direct the advance of Attorney General, funds by the Treasury Department in connection with the enforcement of this title. PART F—ADVISORY COMMISSION ESTABLISHMENT OF CX)MMISSION ON MARIHUANA AND DRUG ABUSE SEC. 601. (a) There is established a commission to be known as the Commission on Marihuana and Drug Abuse (hereafter in this section Membership, referred to as the "Commission"). The Commission shall be composed of— (1) two Members of the Senate appointed by the President of the Senate; (2) two Members of the House of Representatives appointed by the Speaker of the House of Representatives; and (3) nine members appointed by the President of the United States. At no time shall more than one of the members appointed under para- graph (1), or more than one of the members appointed under para- graph (2), or more than five of the members appointed under paragraph (3) be members of the same political party. (b)(1) The President shall designate one of the members of the Quorum, Commission as Chairman, and one as Vice Chairman. Seven members of the Commission shall constitute a quorum, but a lesser number may conduct hearings, Travel ex- (2) Members of the Commission who are Members of Congress or penses, etc. full-time officers or employees of the United States shall ser^^e without additional compensation but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of the duties Compensation. vested in the Commission. Members of the Commission from pri- vate life shall receive $100 per diem while engaged in the actual per- formance of the duties vested in the Commission, plus reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of such duties. Meetings, (3) The Commission shall meet at the call of the Chairman or at the call of a majority of the members thereof. Personnel. (c) (1) The Commission shall have the power to appoint and fix the compensation of such personnel as it deems advisable, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 80 Stat, 443,467 51 and subchapter III of chapter 53 of such title, relating to classifi- 5 u s e 5101, 5331. cation and General Schedule pay rates. Ante, p. 198-1. (2) The Commission may procure, in accordance with the provi- Experts and consultants. sions of section 3109 of title 5, United States Code, the temporary or 80 Stat. 416. intermittent services of experts or consultants. Persons so employed shall receive compensation at a rate to be fixed by the Commission, Travel expenses, but not in excess of $75 per diem, including traveltime. While away etc. from his home or regular place of business in the performance of services for the Commission, any such person may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by 80 Stat, 499; section 5703(b) of title 5, United States Code, for persons in the 83 Stat, 190. Government service employed intermittently. Information, (3) The Commission may secure directly from any department or availability. agency of the United States information necessary to enable it to
84 STAT.] PUBLIC LAW 91-513-OCT. 27, 1970 1281 carry out its duties under this section. Upon request of the Chairman of the Commission, such department or agency shall furnish such information to the Commission. (d) (1) The Commission shall conduct a study of marihuana in- Marihuana, study. cluding, but not limited to, the following areas: (A) the extent of use of marihuana in the United States to include its various sources, the number of users, number of arrests, number of convictions, amount of marihuana seized, type of user, nature of use; (B) an evaluation of the efficacy of existing marihuana laws; (C) a study of the pharmacology of marihuana and its imr mediate and long-term effects, both physiological and psycho- logical ; (D) the relationship of marihuana use to aggressive behavior and crime; (E) the relationship between marihuana and the use of other drugs; and ( F ) the international control of marihuana. (2) Within one year after the date on which funds first become Report to Presi- dent and Congress. available to carry out this section, the Commission shall submit to the President and the Congress a comprehensive report on its study and investigation under this subsection which sihall include its recom- mendations and such proposals for legislation and administrative action as may be necessary to carry out its recommendations. (e) The Commission shall conduct a comprehensive study and inves- Drug abuse, study and investi- tigation of the causes of drug abuse and their relative significance. gation. The Commission shall submit to the President and the Congress such Interim reports, interim reports as it deems advisable and shall within two years after final report to President and Con- the date on which funds first become available to carry out this sec- gress. tion submit to the President and the Congress a final report which shall contain a detailed statement of its findings and conclusions and also such recommendations for legislation and* administrative actions as it deems appropriate. The Commission shall cease to exist sixty Termination. days after the final report is submitted under this subsection. (f) Total expenditures of the Commission shall not exceed Expenditures, limitation. $1,000,000. PART G—CONFORMING, TRANSITIONAL AND EFFECTIVE BATE, AND GENERAL PROVISIONS REPEALS AND CONFORMING AMENDMENTS SEC. 701. (a) Sections 201 ( v ) , 301 (q), and 511 of the Federal Food, Repeals. Drug, and Cosmetic Act (21 U.S.C. 321 ( v ) , 331 (q), 360(a) -are 232,228; 79 Stat. 227, repealed. 82 Stat. 1361. (b) Subsections (a) and (b) of section 303 of the Federal Food, Penalties. Drug, and Cosmetic Act (21 U.S.C. 333) are amended to read as 82 Stat. 1361, follows: "SEC. 303. (a) Any person who violates a provision of section 301 shall be imprisoned for not more than one year or fined not more than. $1,000, or both. "(b) Notwithstanding the provisions of subsection (a) of this sec- tion, if any person commits such a violation after a conviction of him under this section has become final, or commits such a violation with the intent to defraud or mislead, such person shall be imprisoned for not more than three years or fined not more than $10,000 or both." (c) Section 304(a) (2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 334(a)(2)) is amended (1) by striking out clauses 79 Stat. 232. (A) and ( D ) , (2) by striking out "of such depressant or stimulant
1282 PUBLIC LAW 91-513-OCT. 27, 1970 [84 STAT. drug or" in clause ( C ) , (3) by adding "and" after the comma at the end of clause ( C ) , and (4) by redesignating clauses ( B ) , ( C ) , and (E) as clauses ( A ) , ( B ) , a n d ( C ) , respectively. (d) Section 304(d) (3) (iii) of the Federal Food, Drug, and Cos- 79 Stat. 233. nietlc Act (21 U.S.C. 334(d) (3) (iii)) is amended by striking out •'depressant or stimulant drugs or". (e) Section 510 of the Federal Food, Drug, and Cosmetic Act (21 76 Stat. 794; U.S.C. 360) is amended (1) in subsection (a) by striking out para- 79 Stat. 231. graph (2), by inserting "and" at the end of paragraph (1), and by redesignating paragraph (3) as paragraph (2) ; (2) by striking out "or in the wholesalmg, jobbing, or distributing of any depressant or stimulant drug" in the first sentence of subsection ^b); (3) by striking out the last sentence of subsection ( b ) ; (4) by striking out "or in the 79 Stat. 234. wholesaling, jobbing, or distributing of any depressant or stimulant drug" in the first sentence of subsection ( c ) ; (5) by striking out the last sentence of subsection (c) ; (6) by striking o u t " ( 1 ) " in subsection (d) and by inserting a period after "drug or drugs" m that subsection and deleting the remainder of that subsection; and (7) by striking out "AND CERTAIN WHOLESALERS" in the section heading. (f) Section 702 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 372) is amended by striking out "to depressant or stimulant drugs or" in subsection (e). (g) Section 201(a) (2) of the Federal Food, Drug, and Cosmetic 76 Stat. 796; ^ c t (21 U.S.C. 321(a)(2)) is amended by inserting a period after 82 Stat. 1362. "Caual Zouc" the first time these words appear and deleting all there- after in such section 201 (a) (2). (h) The last sentence of section 801 (a) of the Federal Food, Drug, 52 Stat. 1058. .^nd Cosmetic Act (21 U.S.C. 381(a)) is amended (1) by striking out "This paragraph" and inserting in lieu thereof "Clause (2) of the third sentence of this paragraph,", and (2) by striking out "section 2 of the Act of May 26, 1922, as amended (U.S.C. 1934, edition, title 21, sec. 173)" and inserting in lieu thereof "the Controlled Substances Import and Export Act". 65 Stat. 721. (j) (1) Sectiou 1114 of title 18, United States Code, is amended by striking out "the Bureau of Narcotics" and inserting in lieu thereof "the Bureau of Narcotics and Dangerous Drugs". 75 Stat. 498. (2) Sectlou 1952 of such title is amended— 18 use 1952. ^^^ l^y inserting in subsection (b) (1) "or controlled substances (as defined in section 102(6) of the Controlled Substances A c t ) " immediately following "narcotics"; and (B) by striking out "or narcotics" in subsection (c). Drugs, study. (j) Subsectlou (a) of section 302 of the Public Health Service Act 58 Stat. 692. (42 U.S.C. 242(a)) is amended to read as follows: "SEC. 302. (a) I n carrying out the purposes of section 301 with respect to drugs the use or misuse of which might result in drug abuse or dependency, the studies and investigations authorized therein shall include the use and misuse of narcotic drugs and other drugs. Such studies and investigations shall further include the quantities of crude opium, coca leaves, and their salts, derivatives, and preparations, and Ante, p. 1242. other drugs subject to control under the Controlled Substances Act Post, p. 1285. and Controlled Substances Import and Export Act, together with re- serves thereof, necessary to supply the normal and emergency me- ney^Generai^""*^" ^^icinal and Scientific requirements of the United States. The results of studies and investigations of the quantities of narcotic drugs or other drugs subject to control under such Acts, together with reserves of such drugs, that are necessary to supply the normal and emergency medicinal and scientific requirements of the United States, shall be
84 STAT. ] PUBLIC LAW 91-513-OCT. 27, 1970 1283 reported not later than the first day of April of each year to the Attor- ney General, to be used at his discretion in determining manufactur- ing quotas or importation requirements under such Acts." P E N D I N G PROCEEDINGS SEC. 702. (a) Prosecutions for any violation of law occurring prior to the effective date of section 701 shall not be affected by the repeals or amendments made by such section, or abated by retison thereof. (b) Civil seizures or forfeitures and injunctive proceedings com- menced prior to the effective date of section 701 shall not be affected by the repeals or amendments made by such section, or abated by reason thereof. (c) All administrative proceedings pending before the Bureau of Narcotics and Dangerous Drugs on the date of enactment of this Act shall be continued and brought to final determination in accord with laws and regulations in effect prior to such date of enactment. Where a drug is finally determined under such proceedings to be a depressant or stimulant drug, as defined in section 201 (v) of the Federal Food, Drug, and Cosmetic Act, such drug shall automatically be controlled ^"'^' P- ^^si. under this title by the Attorney General without further proceedings and listed in the appropriate schedule after he has obtained the recom- mendation of the Secretary. Any drug with respect to which such a final determination has been made prior to the date of enactment of this Act which is not listed in section 202 within schedules I through V ^"'e» P« 1247. shall automatically be controlled under this title by the Attorney General without further proceedings, and be listed in the appropriate schedule, after he has obtained the recommendations of the Secretary. PROVISIONAL REGISTRATION SEC. 703. (a) (1) Any person who— (A) is engaged in manufacturing, distributing, or dispensing any controlled substance on the day before the effective date of section 302, and (B) is registered on such day under section 510 of the Federal Food, Drug, and Cosmetic Act or under section 4722 of the Inter- Ante, p. 1282. nal Revenue Code of 1954, 68A stat. 555. shall, with respect to each establishment for which such registration is in effect under any such section, be deemed to have a provisional registration under section 303 for the manufacture, distribution, or dispensing (as the case may be) of controlled substances. (2) During the period his provisional registration is in effect under this section, the registration number assigned such person under sucih section 510 or under such section 4722 (as the case may be) shall be his registration number for purposes of section 303 of this title. (b) The provisions of section 304, relating to suspension and revo- cation of registration, shall apply to a provisional registration under this section. (c) Unless sooner suspended or revoked under subsection (b), a provisional registration of a person under subsection (a) (1) of this section shall be in effect until— (1) the date on which such person hag registered with the Attorney General under section 303 or has had his registration denied under such section, or
1284 PUBLIC LAW 91-513-OCT. 27, 1970 [84 STAT. (2) such date as may be prescribed by the Attorney General for registration of manufacturers, distributors, or dispensers, as the case may be, whichever occurs first. EFFECTIVE DATES AND OTHER TRANSITIONAL, PROVISIONS SEC. 704. (a) Except as otherwise provided in this section, this title shall become effective on the first day of the seventh calendar month that begins after the day immediately preceding the date of enactment. (b) Parts A, B, E , and F of this title, section 702, this section, and sections 705 through 709, shall become effective upon enactment. Ante, p . 1256. (c) Sections 305 (relating to labels and labeling), and 306 (relating to manufacturing quotas) shall become effective on the date specified in P u b l i c a t i o n in subsection (a) of this section, except that the Attorney General may Federal Register, by order published in the Federal Register postpone the effective date of either or both of these sections for such period as he may determine to be necessary for the efficient administration of this title. C O N T I N U A T I O N OF REGULATIONS SEC. 705. Any orders, rules, and regulations which have been pro- mulgated under any law^ affected by this title an!d which are in effect on the day preceding enactment of this title shall continue in effect until modified, superseded, or repealed. SEVERABILITY SEC. 706. If a provision of this Act is held invalid, all valid pro- visions that are severable shall remain in effect. If a provision of this Act is held invalid in one or more of its applications, the provision shall remain in effect in all its valid applications that are severable. SAVING PROVISION SEC. 707. Nothing in this Act, except this part and, to the extent of Ante, p . 1259. any inconsistency, sections 307(e) and 309 of this title, shall be con- strued as in any way affecting, modifying, repealing, or superseding 52 S t a t . 1040. the provisions of the Federal Food, Drug, and Cosmetic Act. 21 u s e 3 0 1 . A P P L I C A T I O N OF STATE L A W SEC. 708. No provision of this title shall be construed as indicating an intent on the part of the Congress to occupj^ the field in which that provision operates, including criminal penalties, to the exclusion of any State law on the same subject matter which would otherwise be within the authority of the State, unless there is a positive conflict between that provision of this title and that State law so that the two cannot consistently stand together. APPROPRIATIONS AUTHORIZATIONS SEC. 709. There are authorized to be appropriated for expenses of the Department of Justice in carrying out its functions under this title Ante, p . 1245. (except section 103) not to exceed $60,000,000 for the fiscal year end- ing June 30, 1972, $70,000,000 for the fiscal year ending June 30, 1973, and $90,000,000 for the fiscal year ending June 30, 1974.
84 STAT. ] PUBLIC LAW 91-513-OCT. 27, 1970 1285 T I T L E I I I — I M P O R T A T I O N A N D E X P O R T A T I O N ; AMEND- MENTS AND REPEALS OF REVENUE LAWS SHORT TITLE SEC. 1000. This title may be cited as the "Controlled Substances Import and Export Act"'. citation of title. PART A—IMPORTATION AND EXPORTATION DEFINITIONS SEC. 1001. (a) F o r purposes of this part— (1) The term "import" means, with respect to any article, any bringing in or introduction of such article into any area (whether or not such bringing in or introduction constitutes an importation within the meaning of the tariff laws of the United States). (2) The term "customs territory of the United States" has the meaning assigned to such term by general headnote 2 to the Tariff Schedules of the United States (19 U.S.C. 1202). 77A stat. ii. (b) Each term defined in section 102 of title I I shall have the same Ante, p. 1242. meaning for purposes of this title as such term has for purposes of title I I . I M P O R T A T I O N OF CONTROLLED SUBSTANCES SEC. 1002. (a) I t shall be unlawful to import into the customs terri- umawfui acts, tory of the United States from any place outside thereof (but within the United States), or to import into the United States from an}^ place outside thereof, any controlled substance in schedule I or I I of title II, or any narcotic drug in schedule I I I , I V , or V of title I I , except ^"'®' P* ^248. that— (1) such amounts of crude opium and coca leaves as the Attor- Exceptions, ney General finds to be necessary to provide for medical, scien- tific, or other legitimate purposes, and (2) such amounts of any controlled substance in schedule I or I I or any narcotic drug in schedule I I I , IV, or V that the Attor- ney General finds to be necessary to provide for the medical, scientific, or other legitimate needs of the United States— (A) during an emergency in which domestic supplies of such substance or drug are found by the Attorney General to be inadequate, or (B) in any case in which the Attorney General finds that competition among domestic manufacturers of the controlled substance is inadequate and will not be rendered adequate by the registration of additional manufacturers under sec- tion 303, Ante, p. 1253. may be so imported under such regulations as the Attorney General shall prescribe. No crude opium may be so imported for the purpose of manufacturing heroin or smoking opium. (b) I t shall be unlawful to import into the customs territory of the United States from any place outside thereof (but within the United States), or to import into the United States from any place outside thereof, any nonnarcotic controlled substance in schedule I I I , I V , or V, unless such nonnarcotic controlled substance— (1) is imported for medical, scientific, or other legitimate uses, and
1286 PUBLIC LAW 91-513-OCT. 27, 1970 [84 STAT. (2) is imported pursuant to such notification or declaration requirements as the Attorney General may by regulation prescribe, (c) I n addition to the amount of coca leaves authorized to be imported into the United States under subsection ( a ) , the Attorney General may permit the importation of additional amounts of coca leaves. All cocaine and ecgonine (and all salts, derivatives, and prepa- rations from which cocaine or ecgonine may be synthesized or made) contained in such additional amounts of coca leaves imported under this subsection shall be destroyed under the supervision of an author- ized representative of the Attorney General. EXPORTATION OF CONTROLLED SUBSTANCES Unlawful a c t s . SEC. 1003. (a) I t shall be unlawful to export from the United States any narcotic drug in schedule I, I I , I I I , or I V unless— (1) it is exported to a country which is a party to— (A) the International Opium Convention of 1912 for the Suppression of the Abuses of Opium, Morphine, Cocaine, 38 Stat. 1912. and Derivative Drugs, or to the International Opium Con- vention signed at Geneva on February 19, 1925; or (B) the Convention for Limiting the Manufacture and Regulating the Distribution of Narcotic Drugs concluded at Geneva, July 13, 1931, as amended by the protocol signed 61 Stat. 2230; at Lake Success on December 11, 1946, and the protocol 62 Stat. 1796. bringing under international control drugs outside the scope of the convention of July 13, 1931, for limiting the manufacture and regulating the distribution of narcotic drugs (as amended by the protocol signed at Lake Success 2 UST 1629. on December 11,1946), signed at Paris, November 19,1948; or (C) the Single Convention on Narcotic Drugs, 1961, signed 18 UST 1407. at New York, March 30, 1961; (2) such country has instituted and maintains, in conformity with the conventions to which it is a party, a system for the control of imports of narcotic drugs which the Attorney General deems adequate; (3) the narcotic drug is consigned to a holder of such permits or licenses as may be required under the laws of the country of import, and a permit or license to import such drug has been issued by the country of import; (4) substantial evidence is furnished to the Attorney Gen- eral by the exporter that (A) the narcotic drug is to be applied exclusively to medical or scientific uses within the country of import, and (B) there is an actual need for the narcotic drug, for medical or scientific uses within such country; and (5) a permit to export the narcotic drug in each instance has been issued by the Attorney General. (b) Notwithstanding subsection ( a ) , the Attorney General may authorize any narcotic drug (including crude opium and coca leaves) Ante, p . 1248. in schedule I, I I , I I I , or I V to be exported from the United States to a country which is a party to any of the international instruments mentioned in subsection (a) if the particular drug is to be applied to a special scientific purpose in the country of destination and the authorities of such country will permit the importation of the partic- ular drug for such purpose. (c) I t shall be unlawful to export from the United States any non- narcotic controlled substance in schedule I or I I unless—
84 STAT. ] PUBLIC LAW 91-513-OCT. 27, 1970 1287 (1) it is exported to a country which has instituted and main- tains a system which the Attorney General deems adequate for the control of imports of such substances; (2) the controlled substance is consigned to a holder of such permits or licenses as may be required under the laws of the country of import; (3) substantial evidence is furnished to the Attorney General that (A) the controlled substance is to be applied exclusively to medical, scientific, or other legitimate uses within the country to which exported, (B) it will not be exported from such country, and (C) there is an actual need for the controlled substance for medical, scientific, or other legitimate uses within the country; and (4) a permit to export the controlled substance in each instance has been issued by the Attorney General. (d) Notwithstanding subsection (c), the Attorney General may au- thorize any nonnarcotic controlled substance in schedule I or I I to be -A"'®» P* 1248.. exported from the United States if the particular substance is to be applied to a special scientific purpose in the country of destination and the authorities of such country will permit the importation of the par- ticular drug for such purpose. (e) I t shall be unlawful to export from the United States to any otlier country any nonnarcotic controlled substance in schedule I I I or I V or any controlled substance in schedule V unless— (1) there is furnished (before export) to the Attorney General documentary proof that importation is not contrary to the laws or regulations of the country of destination; (2) a special controlled substance invoice, in triplicate, accom- panies the shipment setting forth such information as the Attor- ney General may prescribe to identify the parties to the ship- ment and the means of shipping, and (3) two additional copies of the invoice are forwarded to the Attorney General before the controlled substance is exported from the United States. T R A N S S H I P M E N T AND I N - T R A N S I T S H I P M E N T OF CON'ITIOLLED SUBSTANCES SEC. 1004. Notwithstanding sections 1002, 1003, and 1007— (1) A controlled substance in schedule I may— (A) be imported into the United States for transshipment to another country, or (B) be transferred or transshipped from one vessel, ve- hicle, or aircraft to another vessel, vehicle, or aircraft within the United States for immediate exportation, if and only if it is so imported, transferred, or transshipped (i) for scientific, medical, or other legitimate purposes in the country of destination, and (ii) with the prior written approval of the Attorney General (which shall be granted or denied within 21 days of the request). (2) A controlled substance in schedule I I , I I I , or I V may be so imported, transferred, or transshipped if and only if advance notice is given to the Attorney General in accordance with reg- ulations of the Attorney General. POSSESSION ON BOARD VESSELS. E T C . , ARRIVING I N OR DEPARTING FROM U N I T E D STATES S E C 1005. It shall be unlawful for any person to bring or possess on board any vessel or aircraft, or on board any vehicle of a carrier, 47-348 O - 72 - 85 (Pt. 1)
1288 PUBLIC LAW 91-513-OCT. 27, 1970 [84 STAT. arriving in or departing from the United States or the customs ter- ritory of the United States, a controlled substance in schedule I or Ante, p. 1248. n or a narcotic drug in schedule I I I or IV, unless such substance or drug is a part of the cargo entered in the manifest or part of the official supplies of the vessel, aircraft, or vehicle. EXEMPTION AUTHORITY SEC. 1006. (a) The Attorney General may by regulation exempt from sections 1002 (a) and ( b ) , 1003, 1004, and 1005 any individual who has a controlled substance (except a substance in schedule I ) in his possession for his personal medical use, or for administration to an animal accompanying him, if he lawfully obtained such substance and he makes such declaration (or gives such other notification) as the Attorney General may by regulation require. (b) The Attorney General ma^ by regulation except any compound, mixture, or preparation containing any depressant or stimulant sub- stance listed in paragraph (a) or (b) of schedule I I I or in schedule I V or V from the applicaton of all or any part of this title if (1) the compound, mixture, or preparation contains one or more active medi- cinal ingredients not having a depressant or stimulant effect on the central nervous oystem, and (2) such ingredients are included therein in such combinations, quantity, proportion, or concentration as to viti- ate the potential for abuse of the substances which do have a depressant or stimulant effect on the central nervous system. PERSONS REQUIRED TO REGISTER SEC. 1007. (a) No person may— (1) import into the customs territory of the United States from any place outside thereof (but within the United States), or import into the United States from any place outside thereof, any controlled substance, or (2) export from the United States any controlled substance in schedule I, I I , I I I , or IV, unless there is in effect with respect to such person a registration issued by the Attorney General under section 1008, or unless such person is exempt from registration under subsection ( b ) . (b) (1) The following persons shall not be required to register under the provisions of this section and may lawfully possess a controlled substance: (A) An agent or an employee of any importer or exporter reg- istered under section 1008 if such agent or employee is acting in the usual course of his business or employment. (B) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of his business or employment. (C) An ultimate user who possesses such substance for a pur- Ante, p, 1245. pose Specified in section 102 (25) and in conformity with an exemp- tion granted under section 1006 (a). (2) The Attorney General may, by regulation, waive the require- ment for registration of certain importers and exporters if he finds it consistent with the public health and safety; and may authorize any such importer or exporter to possess controlled substances for purposes of importation and exportation.
84 STAT.] PUBLIC LAW 91-513-OCT. 27, 1970 1289 REGISTRATION REQUIREMENTS SEC. 1008. (a) The Attorney General sliall register an applicant to import or export a controlled substance in schedule I or I I if he determines that such registration is consistent with the public interest and with United States obligations under international treaties, con- ventions, or protocols in effect on the effective date of this section. In determining the public interest, the factors enumerated in paragraph (1) through (6) of section 30;^(a) shall be considered. Ante, p. 1253. (b) Registration granted under subsection (a) of this section shall not entitle a registrant to import or export controlled substances in schedule I or I I other than those specified in the registration. Ante, p . 1248. (c) The Attorney (xeneral shall register an applicant to import a controlled substance in schedule I I I , IV, or V or to export a controlled substance in schedule I I I or IV, unless he determines that the issuance of such registration is inconsistent with the public interest. In deter- mining the public interest, the factors enumerated in paragraphs (1) through (6) of section JW^(d) shall be considered. (d) No registration shall be issued under this part for a period in excess of one year. Unless the regulations of the Attorney General otherwise provide, section 302(f), 304, 305, and 307 shall apply to Ante, p p . 1253- 1258. persons registered under this section to the same extent such sections apply to persons registered under section 303. (e) The Attorney General is authorized to promulgate rules and R u l e s and regu- lations. regulations and to charge reasonable fees relating to the registration of importers and exporters of controlled substances under this section. (f) Persons registered by the Attorney General under this section to import or export controlled substances may import or export (and, for the purpose of so importing or exporting, may possess) such sub- stances to the extent authorized by their registration and in con- formity with the other provisions of this title and title I I . (g) A separate registration shall be required at each principal place of business where the applicant imports or exports controlled substances. (h) Except in emergency situations as described in section 1002(a) (2) ( A ) , prior to issuing a registration under this section to a bulk manufacturer of a controlled substance in schedule I or IT, and prior to issuing a regulation under section 1002(a) authorizing the importa- tion of such a substance, the Attorney General shall give manufactur- ers holding registrations for the bulk manufacture of the substance an opportunity for a hearing. '^ M A N U F A C T U R E OR DISTRIBUTION FOR PURPOSES OF UNLAWFUL IMPORTATION SEC. 1009. I t shall be unlawful for any person to manufacture or distribute a controlled substance in schedule I or I I — (1) intending that such substance be unlawfully imported into the United States; or (2) knowing that such substance will be unlawfully imported into the United States. This section is intended to reach acts of manufacture or distribution committed outside the territorial jurisdiction of the United States. Any person who violates this section shall be tried in the United States district court at the point of entry where such person enters the United States, or in the United States District Court for the District of Columbia.
1290 PUBLIC LAW 91-513-OCT. 27, 1970 [84 STAT. P R O H I B I T E D ACTS A ^PENALTIES SEC. 1010. (a) Any person who— (1) contrary to section 1002, 1003, or 1007, knowingly or in- tionally imports or exports a controlled substance, (2) contrary to section 1005, knowingly or intentionally brings or possesses on board a vessel, aircraft, or vehicle a controlled substance, or (f3) contrary to section 1009, manufactures or distributes a controlled substance, shall be punished as provided in subsection (b). (b) (1) In the case of a violation under subsection (a) with respect Ante, p. 1248. ^Q JJ uarcotlc drug in schedule I or I I , the person committing such violation shall be imprisoned not more than fifteen years, or fined not more than $25,000, or both. If a sentence under this paragraph provides for imprisonment, the sentence shall include a special parole term of not less than three years in addition to such term of imprison- ment. (2) In the case of a violation under subsection (a) with respect to a controlled substance other than a narcotic drug in schedule I or I I , the person committing such violation shall be imprisoned not more than five years, or be fined not more than $15,000, or both. If a sentence under this paragraph provides for imprisonment, the sentence shall, in in addition to such term of imprisonment, include (A) a special pa- role term of not less than two years if such controlled substance is in schedule I, I I , I I I , or (B) a special parole term of not less than one year if such controlled substance is in schedule IV. (c) A special parole term imposed under this section or section 1012 may be revoked if its terms and conditions are violated. In such circumstances the original term of imprisonment shall be increased by the period of the special parole term and the resulting new term of imprisonment shall not be diminished by the time which was spent on special parole. A person whose special parole term has been re- voked may be required to serve all or part of the remainder of the new term of imprisonment. The special term provided for in this section and in section 1012 is in addition to, and not in lieu of, any other parole provided for by law. PROHIBITED ACTS B—PENALTIES SEC. 1011. Any person who violates section 1004 shall be subject to the following penalties: (1) Except as provided in paragraph (2), any such person shall, with respect to any such violation, be subject to a civil pen- Ante, p. 1262. alty of not more than $25,000. Sections 402 (c)(1) and (c)(3) shall apply to any civil penalty assessed under this paragraph. (2) If such a violation is prosecuted by an information or indictment which alleges that the violation was committed know- ingly or intentionally and the trier of fact specifically finds that the violation was so committed, such person shall be sentenced to imprisonment for not more than one year or a fine of not more than $25,000 or both. SECOND OR S U B S E Q U E N T OFFENSES SEC. 1012. (a) Any person convicted of any offense under this part is, if the offense is a second or subsequent offense, punishable by a term of imprisonment twice that otherwise authorized, by twice the fine otherwise authorized, or by both. If the conviction is for an offense
84 STAT. ] PUBLIC LAW 91-513-OCT. 27, 1970 1291 punishable under section 1010(b), and if it is the offender's second or subsequent offense, the court shall impose, in addition to any term of imprisonment and fine, twice the special parole term otherwise authorized. (b) For purposes of this section, a person shall be considered con- victed of a second or subsequent offense if, prior to the commission of such offense, one or more prior convictions of him for a felony under any provision of this title or title I I or other law of the United States ^"'e, p. 1242. relating to narcotic drugs, marihuana, or depressant or stimulant drugs, have become final. (c) Section 411 shall apply with respect to any proceeding to sen- ^"'e. P- 1259. tence a person under this section. A T T E M P T AND CONSPIRACY SEC. 1013. Any person who attempts or conspires to commit any offense defined in this title is punishable by imprisonment or fine or both which may not exceed the maximum punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy. ADDITIONAL PENALTIES SEC. 1014. Any penalty imposed for violation of this title shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law. A P P L I C A B I L I T Y OF PART E OF T I T L E II SEC. 1015. P a r t E of title I I shall apply with respect to functions ^"fe. p. 1270. of the Attorney General (and of officers and employees of the Bureau of Narcotics and Dangerous Drugs) under this title, to administrative and judicial proceedings under this title, and to violations of this title, to the same extent that such part applies to functions of the Attorney General (and such officers and employees) under title I I , to such pro- ceedings under title I I , and to violations of title I I . For purposes of the application of this section to section 510, any reference in such ^"'^» P* ^274. section 510 to "this title" shall be deemed to be a reference to title I I I , ^"'*' P« ^^SS. any reference to section 303 shall be deemed to be a reference to section ^"^®« P* I2S3„ 1008, and any reference to section 302(d) shall be deemed to be a refer- ence to section 1007(b) (2). A U T H O R I T Y OF SECRETARY OF TREASURY SEC. 1016. Nothing in this Act shall derogate from the authority of the Secretary of the Treasury under the customs and related laws. PART B—AMENDMENTS AND REPEALS, TRANSITIONAL AND EFFECTIVE DATE PROVISIONS REPEALS SEC. 1101. (a) The following provisions of law are repealed: (1) The Act of February 23,1887 (21 U.S.C. 191-193). ^4 stat. 409. (2) The Narcotic Drugs Import and Export Act (21 U.S.C. 171, 173,174-184,185). 38 stat. 275. (3) The Act of March 28, 1928 (31 U.S.C. 529a). " ^'^'' ^262. (4) Sections 2 ( b ) , 6, 7, and 8 of the Act of June 14, 1930 (21 U.S.C. 162 ( b ) , 173a, 197,198). 7o'lta;r 575!''
1292 PUBLIC LAW 91-513-OCT. 27, 1970 [84 STAT. 46 Stat, 850. (5) The Act of July 3, 1930 (21 U.S.C. 199). 53 Stat. 1263. 6) Section 6 of the Act of March 28, 1928 (31 U.S.C. 529g). 56 Stat. 1045. 7) The Opium Poppy Control Act of 1942 (21 U.S.C. 188-188n). 70 Stat. 910. (8) Section 15 of the Act of August 1, 1956 (48 U.S.C. 1421m). 55 Stat. 584. (9) The Act of July 11, 1941 (21 U.S.C. 184a). (10) The Narcotics Manufacturing Act of 1960 (21 U.S.C. 501- 74 Stat. 5 5 . 517). 70 Stat. 5 7 2 . 18 u s e 1401- (b) (1) (A) Chapter 68 of title 18 of the United States Code (relat- 1407. ing to narcotics) is repealed. (B) The item relating to such chapter 68 in the analysis of part I of such title 18 is repealed. 62 Stat. 840. (2) (A) Section 3616 of title 18 of the United States Code (relating to use of confiscated motor vehicles) is repealed. (B) The item relating to such section 3616 in the analysis of chap- ter 229 of such title 18 is repealed. (3) (A) Subchapter A of chapter 39 of the Internal Kevenue Code 68A S t a t . 549. of 1954 (relating to narcotic drugs and marihuana) is repealed. 26 u s e 4 7 0 1 - 4776. (B) The table of subchapters of such chapter 39 is amended by striking out "SUBCHAPTER A. Narcotic drugs and marihuana." (4) (A) Sections 7237 (relating to violation of laws relating to narcotic drugs and to marihuana) and 7238 (relating to violation of laws relating to opium for smoking) of the Internal Revenue Code of 70 Stat. 568; 1954 are repealed. 80 Stat. 1449. 26 u s e 7237, (B) The table of sections of part I I of subchapter A of chapter 75 7238. of the Internal Revenue Code of 1954 is amended by striking out the items relating to such sections 7237 and 7238. 26 u s e 7 4 9 1 . (5) (A) Section 7491 of the Internal Revenue Code of 1954 (relating to burden of proof of exemptions in case of marihuana offenses) is repealed. (B) The table of sections for subchapter E of chapter 76 of the Internal Revenue (^ode of 1954 is amended by striking out the item relating to such section 7491. C^ONFORMINC} A M E N D M E N T S SEC. 1102. (a) Section 4901(a) of the Internal Revenue Code of 68A Stat. 5 9 3 ; 1954 is amended by striking out the comma immediately before "4461" 79 Stat. 149. and inserting in lieu thereof "or", and by striking out ", 4721 (narcotic drugs), or 4751 (marihuana)". (b) Section 4905(b) (1) of the Internal Revenue Code of 1954 (re- Uiting to registration) is amended by striking out ", narcotics, mari- huana," and ", 4722,4753,". (c) Section 6808 of the Internal Revenue Code of 1954 (relating to special provisions relating to stamps) is amended by striking out paragraph (8). (d) Section 7012 of the Internal Revenue Code of 1954 (relating to cross references) is amended by striking out subsections (a) and (b). (e) Section 7103(d) (3) of the Internal Revenue Code of 1954 (re- lating to bonds required with respect to certain products) is amended by striking out subparagraph ( D ) . 72 Stat. 1429, (f) Section 7326 of the Internal Revenue Code of 1954 (relating to disposal of forfeited or abandoned property in special cases) is amended by striking out subsection (b). 70 Stat. 570. (g) (1) Section 7607 of the Internal Revenue Code of 1954 (relat- ing to additional authority for Bureau of Narcotics and Bureau of (\istoms) is amended—
84 STAT. ] PUBLIC LAW 91-513~OCT. 27, 1970 1293 (A) by striking out "The Commissioner, Deputy Commis- sioner, Assistant to the Commissioner, and agents of the Bureau of Narcotics of the Department of the Treasury, and officers" and inserting in lieu thereof "Officers"; (B) by striking out in paragraph (2) "narcotic drugs (as defined in section 4731) or marihuana (as defined in section 4761)" and inserting in lieu thereof "narcotic drugs (as defined in section 102(16) of the Controlled Substances Act) or mari- Ante, p^ 1244. huana (as defined in section 102(15) of the Controlled Substances A c t ) " ; and (C) by striking out "BUREAU or NARCOTICS AND" in the section heading. (2) The item relating to section 7607 in the table of contents of subchapter A of chapter 78 of the Internal Revenue Code of 1954 is ^° ^'^*' ^^''* amended by striking out "Bureau of Narcotics and". (h) Section 7609(a) of the Internal Revenue Code of 1954 (relat- ^2 stat. 1430,. ing to cross references) is amended by striking out paragraphs (3) and (4). (i) Section 7641 of the Internal Revenue Code of 1954 (relating to je^usc 764?.' supervision of operations of certain manufacturers) is amended by striking out "opium suitable for smoking purposes,". (j) Section 7651 of the Internal Revenue Code of 1954 (relating to administration and collection of taxes in possessions) is amended by striking out "and in sections 4705(b), 4735, and 4762 (relating to taxes on narcotic drugs and marihuana)". (k) Section 7655(a) of the Internal Revenue Code of 1954 (relat- ing to cross references) is amended bv striking out paragraphs (3) and (4). (1) Section 2901(a) of title 28 of the United States Code is so stat. uas. amended by striking out "as defined by section 4731 of the Internal Revenue Code of 1954, as amended," and inserting in lieu thereof "as defined by section 102(16) of the Controlled Substances Act". (m) The last sentence of the second paragraph of section 584 of the Act of June 17, 1930 (19 U.S.C. 1584), is amended to read as fol- H stat. 722; lows: "As used in this paragraph, the terms 'opiate' and 'marihuana" shall have the same meaning given those terms by sections 102(17) and 102(15), respectively, of the Controlled Substances Act." (n) (1) The first section of the Act of August 7, 1939 (31 U.S.C. ^^P^^^' 529a), is repealed. " stat. 1262. (2) Section 3 of such Act (31 U.S.C. 529d) is amended by striking out "or the Commissioner of Narcotics, as the case may be,". (3) Section 4 of such Act (31 U.S.C. 529e) is amended by striking out "or narcotics" each place it appears. (4) Section 5 of such Act (31 U.S.C. 529f) is amended by striking out "or narcotics" in the first sentence. (o) Section 308(c) (2) of the Act of August 27, 1935 (40 U.S.C. 304m) is amended by striking out "Narcotic Drug Import and Ex- '*^ s*^** ^so. port Act" and inserting in lieu thereof "Controlled Substances Act". (p) Paragraph (a) of section 301 of the Narcotic Addict Rehabili- tation Act of 1966 (42 U.S.C. 3411) is amended by striking out "as so stat. i444. defined in section 4731 of the Internal Revenue Code of 1954, as amended," and inserting in lieu thereof "as defined in section 102(16) of the Controlled Substances Act". (q) Paragraph (a) of the first section of the Act of July 15, 1954 (46 U.S.C. 239a) is amended to read as follows: es stat. 484. " ( a ) The term 'narcotic drug' shall have the meaning given that ^"Narcotic term by section 102(16) of the Controlled Substances Act and shall "'^" also include marihuana as defined by section 102(15) of such Act."
1294 PUBLIC LAW 91-513-OCT. 27, 1970 [84 STAT. (r) Paragraph (d) of section 7 of the Act of August 9, 1939 (49 53 Stat. 1292. U.S.C. 787) is amended to read as follows: "Narcotic " ( d ) The term 'narcotic drug' shall have the meaning given that drug." Ante, p . 1244. term by section 102(16) of the Controlled Substances Act and shall also include marihuana as defined by section 102(15) of such Act;" 80 Stat. 1442. (s) Paragraph (a) of section 4251 of title 18, United States Code, is amended by striking out "as defined in section 4731 of the Internal Revenue Code of 1954, as amended," and inserting in lieu thereof "as defined in section 102(16) of the Controlled Substances Act". Investigations, (t) The first section of the Act of August 11,1955 (21 U.S.C. 198a), s u b p e n a power. 69 Stat. 684. is amended to read as follows: "That for the purpose of any investiga- tion which, in the opinion of the Secretary of the Treasury, is neces- sary and proper to the enforcement of section 545 of title 18 of the 62 S t a t . 716. United States Code (relating to smuggling goods into the United States) with respect to any controlled substance (as defined in sec- tion 102 of the Controlled Substances A c t ) , the Secretary of the Treasury may administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of records (including books, papers, documents, and tangible things which constitute or contain evidence) relevant or material to the in- vestigation. The attendance of witnesses and the production of records may be required from any place within the customs territory of the United States, except that a witness shall not be required to appear at any hearing distant more than 100 miles from the place where he was Witnesses, travel servcd with subpcua. Wltuesses summoned by the Secretary shall be expenses. paid the same fees and mileage that are paid witnesses in the courts of the United States. Oaths and affirmations may be made at any place subject to the jurisdiction of the United States." PENDING PROCEEDINGS SEC. 1103. (a) Prosecutions for any violation of law occurring prior to the effective date of section 1101 shall not be affected by the repeals or amendments made by such section or section 1102, or abated by reason thereof. (b) Civil seizures or forfeitures and injunctive proceedings com- menced prior to the effective date of section 1101 shall not be affected by the repeals or amendments made by such section or section 1102, or abated by reason thereof. PROVISIONAL REGISTRATION SEC. 1104. (a) (1) Any person— (A) who is engaged in importing or exporting any controlled substance on the day before the effective date of section 1007, (B) who notifies the Attorney General that he is so engaged, and (C) who is registered on such day under section 510 of the Fed- 76 Stat. 794; eral Food, Drug, and Cosmetic Act or under section 4722 of the 79 Stat. 2 3 1 . 21 u s e 360. Internal Revenue Code of 1954, 68A Stat. 5 5 5 . shall, with respect to each establishment for which such registration 26 u s e 4722. is in effect under any such section, be deemed to have a provisional registration under section 1008 for the import or export (as the case may be) of controlled substances. (2) During the period his provisional registration is in effect under this section, the registration number assigned such person under such section 510 or under such section 4722 (as the case may be) shall be Ante, p . 1285. his registration number for purposes of part A of this title.
84 STAT. ] PUBLIC LAW 91-513-OCT. 27, 1970 1295 (b) The provisions of section 304, relating to susjDension and revoca- '*"'®' P* ^^^^" tion of registration, shall apply to a provisional registration under this section. (c) Unless sooner suspended or revoked under subsection ( b ) , a provisional registration of a person under subsection (a) (1) of this section shall be in etiect until— (1) the date on which such person has registered with the At- torney General under section 1008 or has had his registration denied under such section, or (2) such date as may be prescribed by the Attorney General for registration of importers or exporters, as the case may be, whichever occurs first. E F F E C T I V E DATES A N D O T H E R T R A N S I T I O N A L PROVISIONS SEC. 1105. (a) Except as otherwise provided in this section, this title shall become effective on the first day of the seventh calendar month that begins after the day immediately preceding the date of enactment. (b) Sections 1000, 1001, 1006, 1015, 1016, 1103, 1104, and this sec- tion Sihall become effective upon enactment. (c) (1) If the Attorney General, pursuant to the authority of sec- tion 704(c) of title I I , postpones the effective date of section 306 Ante, pp. 1284, (relating to manufacturing quotas) for any period beyond the date specified in section 704 (a) and such postponement applies to narcotic drugs, the repeal of the Narcotics Manufacturing Act of 1960 by paragraph (10) of section 1101(a) of this title is hereby postponed for the same period, except that the postponement made by this para- graph shall not apply to the repeal of sections 4, 5, 13, 15, and 16 of that Act. (2) Effective for any period of postponement, by paragraph (1) of this subsection, of the repeal of provisions of the Narcotics Manu- facturing Act of 1960, that Act shall be applied subject to the follow- ing modifications: (A) The term "narcotic drug" shall mean a narcotic drug as ^j^'^^f/'^""'^ defined in section 102(16) of title I I , and all references, in the Ante, p. 1244. Narcotics Manufacturing Act of 1960, to a narcotic drug as de- fined by section 4731 of the Internal Revenue Code of 1954 are 74 stat. 57. amended to refer to a narcotic drug as defined by such section ^^ "^^ 102(16). (B) On and after the date prescribed by the Attorney Gen- eral pursuant to clause (2) of section 703(c) of title I I , the requirements of a manufacturer's license with respect to a basic class of narcotic dru^ under the Narcotics Manufacturing Act of 1960, and of a registration under section 4722 of the Internal Revenue Code of 1954 as a prerequisite to issuance of such a esA stat. 555. license, shall be superseded by a requirement of actual registra- tion (as distinguished from provisional registration) as a man- ufacturer of that class of drug under section 303(a) of title I I . '^"'®' P* ^^^^» (C) On and after the effective date of the repeal of such sec- tion 4722 by section 1101(b)(3) of this title, but prior to the date specified in subparagraph (B) of this paragraph, the re- quirement of registration under such section 4722 as a prerequi- site of a manufacturer's license under the Narcotics Manufacturing Act of 1960 shall be superseded by a requirement of either (i) actual registration as a manufacturer under section 303 of title I I , or (ii) provisional registration (by virtue of a preexisting registration under such section 4722) under section 703 of title I I .
1296 PUBLIC LAW 91-514-OCT. 27. 1970 [84 STAT. (d) Any orders, rules, and regulations which have been promul- gated under any law affected by this title and which are in effect on the day preceding enactment of this title shall continue in effect until modified, superseded, or repealed. T I T L E I V — R E P O R T ON A D V I S O R Y C O U N C I L S REPORT ON ADVISORY COUNCILS Reports to e o n SEC. 1200. (a) Not later than March 31 of each calendar year after gress. 1970, the Secretary of the Department of Health, Education, and Welfare shall submit a report on the activities of advisory councils (established or organized pursuant to any applicable statute of the Public Health Service Act, Public Law 410, Seventy-eighth Congress, 58 Stat. 6 8 2 . as amended, or the Mental Retardation Facilities and Community 42 u s e 201 note. Mental Health Centers Construction Act of 1963, Public Law 88-164, 77 Stat. 282. as amended) to the Committee on Labor and Public Welfare of the 42 u s e 2661 note. Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives. Such report shall contain, at least, a list of all such advisory councils, the names and occupations of their members, a description of the function of each advisory council, and a statement of the dates of the meetings of each advisory council. (b) If the Secretary determines that a statutory advisory council is not needed or that the functions of two or more statutory advisory councils should be combined, he shall include in the report a recom- mendation that such advisory council be abolished or that such func- tions be combined. " S t a t u t o r y ad- (c) As used in this section, the term "statutory advisory coun- visory council,»» cil" means any committee, board, commission, council, or other similar group established or organized pursuant to any applicable statute to advise and make recommendations with respect to the administra- tion or improvement of an applicable program or other related matter. Approved October 27, 1970. Public Law 91-514 October 27, 1970 AN ACT [H. R. 14678] To strengthen the penalties for illegal Ashing in the territorial waters and the contiguous fishery zone of the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the U.S. territorial United States of America in Congress assemhled, That section 2 of the waters. Illegal fishing, Act entitled "An Act to prohibit fishing in the territorial waters of the penalties. United States and in certain other areas by vessels other than vessels of the United States and by persons in charge of such vessels", 78 Stat. 195. approved May 20, 1964 (16 U.S.C. 1082), is amended— (1) by striking out "$10,000" in subsection (a) thereof and in- serting in lieu thereof "$100,000", and (2) by adding at the end of subsection (b) the following new sentence: "For the purposes of this Act, it shall be a rebuttable presumption that all fish found aboard a vessel seized in connec- tion with such violation of this Act were taken or retained in viola- tion of this Act."