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S. 2399 (95th): Psychotropic Substances Act


The Psychotropic Substances Act of 1978 amended the Comprehensive Drug Abuse Prevention and Control Act of 1970 and Controlled Substances Act to ensure compliance with the Convention on Psychotropic Substances. 21 U.S.C. § 801a notes, "It is the intent of the Congress that the amendments made by this Act, together with existing law, will enable the United States to meet all of its obligations under the Convention and that no further legislation will be necessary for that purpose." The Psychotropic Substances Act created mechanisms by which the U.S. Government would add substances to the Schedules of controlled substances as required by the Convention. It also established a framework for exercising the U.S.'s rights to influence drug scheduling at the international level. The Secretary of Health and Human Services was given the power to make scheduling recommendations that would be binding on the U.S. representative in discussions and negotiations related to drug scheduling proposals before the Commission on Narcotic Drugs.

The Act viewed the regulations of Schedules IV and V of the Controlled Substances Act as being adequate to fulfill the minimum treaty obligations in the event of a disagreement between the U.S. and the U.N. on drug scheduling.

The S. 2399 legislation was passed by the 95th U.S. Congressional session and enacted into law by the 39th President of the United States Jimmy Carter on November 10, 1978.

This summary is from Wikipedia.

Last updated Oct 11, 2018. Source: Wikipedia

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


10/7/1978--Senate agreed to House amendment with amendment. (Senate agreed to House amendments with an amendment) Psychotropic Substances Act - =Title I: Enabling Provisions for the Convention on Psychotropic Substances= - Amends the Controlled Substances Act, the Controlled Substances Import and Export Act, the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act to meet obligations under the Convention on Psychotropic Substances. =Title II: Criminal Penalties and Piperidine Reporting= - Sets forth penalties for the manufacture, distribution, or possession with intent to manufacture or distribute phencyclidine (PCP) and its salts. Prohibits the possession of piperidine with intent to manufacutre, or with reasonable cause to believe such piperidine will be used to manufacture phencyclidine. Establishes criminal penalties for violation of such prohibition. Requires, with respect to each transfer of piperidine, that the seller report certain information about the buyer to the Attorney General and that the buyer present positive identification. Requires importers to report such shipment of piperidine received. Requires the Attorney General, after consultation with the Secretary of Health, Education, and Welfare, to analyze and evaluate the impact and effectiveness of this Title, particularly on the illicit manufacture and use of phencyclidine and on legitimate distributions and uses of piperidine, and to report his findings and recommendations to the President and the Congress. =Title III: Forfeiture of Proceeds of Illegal Drug Transactions= - Provides for the seizure and forfeiture of moneys, negotiable instruments, and securities furnished in exchange for controlled substances.