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Treaty Obligations of the United States Relating to
Marihuana
Clearly, Article 4 of the Single Convention on Narcotic
Drugs, 1961, obligates the United States to retain legis-
lative and administrative measures "to limit exclusively to
medical and scientific purposes the production, manufacture,
export, import, distribution of, trade in, use and pos-
session of drugs. " The term "drugs" includes any substance
in Schedule I of the Convention, and Schedule I includes
marihuana. Additionally, Article 28 of the Convention
obligates the United States to adopt such measures as may
be necessary to prevent the misuse of, and illicit traffic
in, the leaves of the marihuana plant.
The limitation in Article 4 is further emphasized in
Article 21, where the United States is obligated to restrict
the quantities of each drug manufactured or imported to
"medical and scientific purposes. "
Another provision is found in Article 2, which states
that "A Party shall, if in its opinion the prevailing
conditions in its country render it the most appropriate
means of protecting the public health and welfare, pro-
hibit the production, manufacture, export and import of,
trade in, possession or use of marihuana and its resin]
except for amounts which may be necessary for medical and
scientific research only, including clinical trials there-
with to be conducted under or subject to the direct super-
vision and control of the Party."
Further, another provision in Article 22 specifies
that whenever the prevailing conditions in the country of
a Party render the prohibition of the cultivation of the
marihuana plant the most suitable measure, in its opinion,
for protecting the public health and welfare and preventing
the diversion of drugs into the illicit traffic, the Party
concerned shall prohibit cultivation.
The list of obligations goes on and on. Article 33
provides that a Party to the Convention shall not permit
the possession of marihuana except under legal authority;
Article 36 requires the Parties to adopt such measures as
Reproduced at the Richard Nixon Presidential Library
- 2 -
will ensure that cultivation, production, manufacture,
extraction, preparation, possession, offering, offering
for sale, distribution, purchase, sale, etc., in contrary
to the provisions of the Convention shall be punishable
offenses; and Article 37 provides that marihuana used in
or intended for the commission of any such offenses shall
be liable to seizure and confiscation.
Going one step further, in Article 49 there is a
provision that any Party may at the time of ratification
of the Convention reserve the right to temporarily permit
the non-medical use of marihuana and to allow production
and manufacture of and trade in marihuana for that purpose.
The United States did not make such a reservation under
Article 47 when it ratified the treaty.
The control obligations on the United States in regard
to marihuana run the full regime of the Convention. Li-
censes are required for all cultivators, producers, manu-
facturers, traders and distributors (Articles 29 and 30) ;
we must furnish reports to the International Narcotic
Control Board on the amounts of marihuana produced, consumed,
on hand in stocks, etc., (Articles 19 and 20) ; if the United
States were to allow cultivation of the marihuana plant for
the production of marihuana or its resins, we would be
required to establish a national marihuana agency and take
charge of all crops and trading in marihuana (Articles 23
and 28) ; we are required to impose an import and export
licensing system (Article 31) ; we are obligated to impose
record keeping requirements on all manufacturers, traders,
scientists, and hospitals to show the quantities of marihuana
manufactured and of each individual acquisition and dis-
posal (Article 34) ; and require medical prescriptions for
the supply or dispensation of marihuana to individuals.
(Article 30).
The Articles of the Convention cited above plainly
prevent the United States from decontrolling marihuana.
This does not mean, of course, that the treaty forever
binds parties to continue the most rigid controls ---- it
Reproduced at the Richard Nixon Presidential Library
- 3 -
does contemplate, however, that parties will restrict any
and all uses to medical and scientific purposes. If a
party were to decide under its own medical and scientific
standards that marihuana has a valid medical usefulness,
the party is free to do so. There just simply is no room
in the treaty for the United States to permit the use of
marihuana for other than medical and scientific purposes.
The United States did not make a transitional reservation
under Article 49 when it ratified the Convention, but even
if it had done so, paragraph (f) of the Article provides
that such non-medical use must be discontinued by the
year 1989.
As the situation stands presently, there is no medical
use for marihuana in the United States. The Food and Drug
Administration has not granted a New Drug Application for
its use in medicine; marihuana is not listed in the United
States Pharmacopeia, the National Formulary, the American
Drug Index, 1972, Drugs of Choice, 1972, or Physician's
Desk Reference, 1972. In fact, both the United States
Dispensatory and Remington's Pharmaceutical Sciences con-
clude that there is no rational or indispensable therapeutic
use for marihuana in modern medicine.
Therefore, in determining how to control marihuana
pursuant to our treaty obligations, the Attorney General
must retain controls on it by listing it in the schedule
provided for substances having no currently accepted medical
use in treatment in the United States. The Attorney General
could not comply with our treaty obligations in any other
manner until at least marihuana is determined to have a
medical use. The Controlled Substances Act plainly does
not allow the Attorney General to do otherwise. Section
811 (d) imposes the obligation on the Attorney General to
make sure that our controls on substances covered by
treaty are sufficient. This decision-making process is
SO well established in the Attorney General that not even
the provisions of the Administrative Procedures Act are
available, that provision being struck with the other pro-
cedures applicable to the control of substances outside the
scope of our treaty obligations.
In view of the present state of the statute, the lack
of currently accepted medical use in treatment, and our
treaty obligations, the Attorney General is without
Reproduced at the Richard Nixon Presidential Library
- 4 -
jurisdiction to either decontrol marihuana or move it to
another schedule. No matter how appealing an argument
may be for decontrolling or modifying the control on
marihuana, such an argument is misdirected if made to the
Attorney General. It would seem that a petitioner's
arguments would be more appropriately directed to (1)
the Congress, for a change of the statute, (2) the Food
and Drug Administration under the new drug procedures,
or (3) the parties to the Single Convention to delete it
from control or to include it in another schedule.
Reproduced at the Richard Nixon Presidential Library
DEPARTMENT OF JUSTICE
Bureau of Narcotics and Dangerous
Drugs
SCHEDULE OF CONTROLLED
SUBSTANCES
Petition to Remove Marihuana from
Control or in the Alternative
to Control Marihuana in
Schedule V of the Controlled
Substances Act (Title II of
Public Law 91-513)
On May 11, 1972, the Bureau of Narcotics and Dangerous
Drugs received a petition for the initiation of proceedings
"to remove marihuana from control under the Controlled
Substances Act or in the alternative t) control marihuana
in Schedule V." The petition was filed on behalf of The
National Organization for the Reform of Marijuana Laws,
The Institute for the Study of Health and Society, and
The American Public Health Association.
This petition is not accepted for filing.
Under the Controlled Substances Act (Title II of Public
Law 91-513), and more particularly Section 201 (d) and Sec-
tion 202 (b) 1 of that Act, the procedures by which the
Attorney General may add or transfer a substance to one of
1
Title 21, United States Code, Section 811(d) and
Section 812 (b)
Reproduced at the Richard Nixon Presidential Library
- 2 -
the five schedules established by the Act or remove a
substance from all controls "on the petition of any
interested party" do not apply when control of a substance
"is required by United States obligations under international
treaties, conventions or protocols in effect on the effec-
tive date of this part" (Section 201 (d) Further, where
control is required by international agreement the
Attorney General in making a placement in a schedule is
not required to make the findings otherwise applicable to
that schedule (Section 202 (b) It is noteworthy that the
113 page petition does not refer to Section 201 (d) at any
point and that where Section 202 (b) appears it is misstated,
as will be shown.
The Single Convention on Narcotic Drugs, which received
the advise and consent of the Senate on May 8, 1967, has
been ratified by 98 additional nations. That Convention
designates marihuana in the category of substances"
particularly liable to abuse and to produce ill effects
and that such liability is not offset by substantial
therapeutic advantages". It was in the light of this
international concensus that the Congress placed marihuana
in Schedule I, the most restrictive category of the
Controlled Substances Act.
Reproduced at the Richard Nixon Presidential Library
- 3 -
Had the Congress declined to make a choice -- that is,
had it left the placement of marihuana to the decision of
the Attorney General (and subsequently to the Director
of the Bureau of Narcotics and Dangerous Drugs under the
delegation granted to him by Title 28, Code of Federal
Regulations, Section 0.100) --- the situation covered by
Section 201 (d) would have come into effect immediately
on enactment of the law.
Section 201 (d) provides:
If control is required by United States
obl gations under international treaties,
conventions, or protocols in effect on
the effective 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
firdings required by subsection (a) of
this section or section 202 (b) of this
title and without regard to the procedures
prescribed by subsections (a) and (b) of
this section.
This is plain language; no resort to legislative
history is needed to determine Congressional intent. What
Section 201 (d) does is mandate the Attorney General to
place a substance controlled by an international treaty
in that schedule which "he deems most appropriate" to
effectuate the objectives of the treaty. Specifically
Reproduced at the Richard Nixon Presidential Library
- 4 -
excluded is the provision of Section 201 (a) 2 providing
in pertinent part that as to a substance not subject to
an international treaty the Attorney General may initiate
action "on the petition of any interested party" and the
provisions of Section 202(b) which set forth the various
findings required for placement of a substance not sub-
ject to an international treaty in a particular schedule.
(Here it should be noted that the petition refers
to Section 202 (b) on pages 2, 15, 29, 98, and 109. In
each instance the reference stresses the language of
the Section which reads, "...a drug or other substance
may not be placed in any schedule unless the findings
required for such schedule are made with respect to such
drug or other substance". In each instance the reference
omits the preceding, qualifying language, " (E) xcept where
control is required by United States obligations under an
international treaty, convention, or protocol
11
It is
difficult to believe that petitioners deliberately intended
these omissions for the purpose of misleading. They are
therefore merely pointed out and ascribed to inadvertance.)
2
Title 21, United States Code, Section 811(a).
Reproduced at the Richard Nixon Presidential Library
- 5 -
Petitioners do recognize that the Single Convention
on Narcotic Drugs exists. On page 83 of the petition they
note that 11 if marihuana is no longer controlled under
the C.S.A., insofar as the obligation of the United
States under the Single Convention are concerned, there
may be a regulatory vacuum until remedial legislation
is enacted." We agree and suggest that the Congress, in
granting the Attorney General authority to control a
substance subject to an international treaty, did not
envision action by him creating a "regulatory vacuum"
requiring "remedial legislation". This is emphasized
by the fact that the Congress itself placed marihuana
in Schedule I, thus demonstrating its own judgment
on the relationship of the Single Convention and the
Controlled Substances Act as to marihuana.
To summarize, petitioners have requested that the
procedures by which a substance, not subject to an inter-
national treaty, is added to or transferred between
schedules or removed from controls altogether be applied
to a substance which is subject to an international treaty.
This the Controlled Substances Act does not permit.
Reproduced at the Richard Nixon Presidential Library
- 6 -
In view of the foregoing the question of whether
any one of the petitioners here would have had standing
as an "interested party" even were marihuana not subject
to an international treaty becomes academic.
Dated:
July 26, 1972
Arlen E. Insure
John E. Ingersoll
Director. Bureau of Narcotics
and Dangerous Drugs
Reproduced at the Richard Nixon Presidential Library
Page 5511
TITLE 21.FOOD AND DRUGS
PART C.-REGISTRATION OF MANUFACTURERS, DISTRIBUTORS,
AND DISPENSERS OF CONTROLLED SUBSTANCES
Sec.
821. Rules and regulations.
UNITED STATES CODE
822. Persons required to register.
(a) Annual registration.
(b) Authorized activities.
(c) Exceptions.
1970 Edition
(d) Waiver.
(e) Separate registration.
(f) Inspection.
21 U.S.C. 801-966
823. Registration requirements.
(a) Manufacturers of controlled substances in
schedules I and II.
(b) Distributors of controlled substances in
schedules I and II.
(c) Limits of authorized activities.
(d) Manufacturers of controlled substances in
schedules III, IV, and V.
Codification of Title
(e) Distributors of controlled substances in
schedules III, IV, and V.
II ("Controlled Sub-
(f) Research; pharmacies; research applications.
stances Act") and Title
824. Denial, revocation, or suspension of registration.
(a) Grounds.
III ("Controlled Sub-
(b) Limits of revocation or suspension.
stances Import and
(c) Service of show cause order; proceedings.
(d) Suspension of registration in cases of immi-
Export Act") of the
nent danger.
"Comprehensive Drug
(e) Suspension and revocation of quotas.
(f) Disposition of controlled substances.
Abuse Prevention and
825. Labeling and packaging.
Control Act of 1970,"
(a) Symbol.
(b) Unlawful distribution without identifying
Public Law 91-513,
symbol.
October 27, 1970.
(c) Warning on label.
(d) Containers to be securely sealed.
826. Production quotas for controlled substances.
(a) Establishment of total annual needs.
(b) Individual production quotas; revised quotas.
(c) Manufacturing quotas for registered manu-
facturers.
(d) Quotas for registrants who have not manu-
factured controlled substance during one
or more preceding years.
(e) Quota increases.
(f) Incidental production exception.
827. Records and reports of registrants.
(a) Inventory.
(b) Availability of records.
CHAPTER 13.-DRUG ABUSE PREVENTION
(c) Nonapplicability.
AND CONTROL
(d) Periodic reports to Attorney General.
SUBCHAPTER I.-CONTROL AND
(e) Investigational uses of drugs; procedures.
ENFORCEMENT
828. Order forms.
PART A.-INTRODUCTORY PROVISIONS
(a) Unlawful distribution of controlled sub-
stances.
Sec.
(b) Nonapplicability of provisions.
801. Congressional findings and declarations.
(c) Preservation and availability.
802. Definitions.
(d) Issuance.
803. Increase in numbers of enforcement personnel;
(e) Unlawful acts.
authorization of appropriations.
829. Prescriptions.
PART B.-AUTHORITY To CONTROL; STANDARDS AND
(a) Schedule II substances.
SCHEDULES
(b) Schedule III and IV substances.
811. Authority and criteria for classification of sub-
(c) Schedule V substances.
stances.
(d) Non-prescription drugs with abuse potential.
(a) Rules and regulations of Attorney General;
PART D.-OFFENSES AND PENALTIES
hearing.
841. Prohibited acts A.
(b) Evaluation of drugs and other substances.
(c) Factors determinative of control or removal
(a) Unlawful acts.
from schedules.
(b) Penalties.
(d) International treaties, conventions, and pro-
(c) Special parole term.
tocols requiring control.
842. Prohibited acts B.
(e) Immediate precursors.
(a) Unlawful acts.
(f) Abuse potential.
(b) Manufacture.
(g) Non-narcotic substances sold over the coun-
(c) Penalties.
ter without a prescription; dextromethor-
843. Prohibited acts C.
phan.
(a) Unlawful acts.
812. Schedules of controlled substances.
(b) Communication facility.
(a) Establishment.
(b) Placement on schedules; findings required.
(c) Penalties.
(c) Initial schedules of controlled substances.
844. Penalty for simple possession; conditional discharge
(d) Stimulants or depressants containing active
and expunging of records for first offense.
medicinal ingredients; exception.
845. Distribution to persons under age'twenty-one.
Reproduced at the Richard Nixon Presidential Library
§ 801
TITLE 21.FOOD AND DRUGS
Page 5512
Sec.
SUBCHAPTER II.-IMPORT AND EXPORT
846. Attempt and conspiracy.
847. Additional penalties.
Sec.
848. Continuing criminal enterprise.
951. Definitions.
(a) Penalties; forfeitures.
952. Importation of controlled substances.
(b) Continuing criminal enterprise defined.
(a) Controlled substances in schedules I or II
(c) Suspension of sentence and probation pro-
and narcotic drugs in schedules III, IV, or
hibited.
V; exceptions.
(d) Jurisdiction of courts.
(b) Nonnarcotic controlled substances in sched-
849. Dangerous special drug offender sentencing.
ules III, IV, or V.
(a) Notice to court by United States Attorney.
(c) Coca leaves.
(b) Hearing: inspection of presentence report;
953. Exportation of controlled substances.
counsel; process; examination of witnesses;
(a) Narcotic drugs in schedules I, II, III, or IV.
penalty; sentence.
(b) Exception for exportation for special scien-
(c) Sentences for life or for a term exceeding
tific purposes.
twenty-five years.
(c) Nonnarcotic controlled substances in sched-
(d) Mandatory minimum penalties.
ule I or II.
(e) Special drug offender defined.
(d) Exception for exportation for special scien-
(f) Dangerous defendants.
tific purposes.
(g) Appeal.
(e) Nonnarcotic controlled substances in sched-
(h) Review of sentence.
ule III or IV; controlled substances in
850. Information for sentencing.
schedule V.
851. Proceedings to establish prior convictions.
954. Transhipment and in-transit shipment of con-
(a) Information filed by United States Attorney.
trolled substances.
(b) Affirmation or denial of previous conviction.
955. Possession on board vessels, etc., arriving in or de-
(c) Denial; written response; hearing.
parting from United States.
(d) Imposition of sentence.
956. Exemption authority.
(e) Statute of limitations.
957. Persons required to register.
PART E-ADMINISTRATIVE AND ENFORCEMENT PROVISIONS
958. Registration requirements.
(a) Applicants to import or export controlled sub-
871. Attorney General.
stances in schedule I or II.
(a) Delegation of functions.
(b) Activity limited to specified substances.
(b) Rules and regulations.
(c) Applicants to import controlled substances in
(c) Acceptance of devises, bequests, gifts, and
schedule III, IV, or V or to export controlled
donations.
substances in schedule III or IV.
872. Education and research programs of the Attorney
(d) Registration period.
General.
(e) Rules and regulations.
(a) Authorization.
(f) Scope of authorized activity.
(b) Contracts.
(g) Separate registrations for each principal place
(c) Identification of research populations; au-
of business.
thorization to withhold.
(h) Emergency situations.
(d) Use of controlled substances in research.
959. Manufacture or distribution for purposes of unlaw-
873. Cooperative arrangements.
ful importation.
874. Advisory committees.
960. Prohibited acts A.
875. Administrative hearings.
(a) Unlawful acts.
876. Subpenas.
(b) Penalties.
(a) Authorization of use by Attorney General.
(c) Special parole term.
(b) Service.
961. Prohibited acts B.
(c) Enforcement.
962. Second or subsequent offenses.
877. Judicial review.
963. Attempt and conspiracy.
878. Powers of enforcement personnel.
964. Additional penalties.
879. Search warrants.
965. Applicability of Part E of Subchapter I.
880. Administrative inspections and warrants.
966. Authority of Secretary of the Treasury.
(a) Controlled premises defined.
(b) Grant of authority; scope of inspections.
SUBCHAPTER I.-CONTROL AND
(c) Situations not requiring warrants.
ENFORCEMENT
(d) Administrative inspection warrants; issu-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
ance; execution; probable cause.
881. Forfeitures.
This subchapter is referred to in sections 951, 952, 958,
(a) Property subject.
962, 965 of this title; title 40 section 304m.
(b) Seizure pursuant to Supplemental Rules for
PART A.-INTRODUCTORY PROVISIONS
Certain Admiralty and Maritime Claims.
(c) Custody of Attorney General.
§ 801. Congressional findings and declarations.
(d) Other laws and proceedings applicable.
The Congress makes the following findings and
(e) Disposition of forfeited property.
declarations:
(f) Forfeiture of schedule I substances.
(g) Plants.
(1) Many of the drugs included within this sub-
882. Injunctions.
chapter have a useful and legitimate medical pur-
883. Enforcement proceedings.
pose and are necessary to maintain the health and
884. Immunity and privilege.
general welfare of the American people.
(a) Refusal to testify.
(b) Order of United States District Court.
(2) The illegal importation, manufacture, dis-
(c) Request by United States Attorney.
tribution, and possession and improper use of con-
885. Burden of proof; liabilities.
trolled substances have a substantial and detrimental
886. Payments and advances.
effect on the health and general welfare of the
PART F.-GENERAL PROVISIONS
American people.
901. Severability of provisions.
(3) A major portion of the traffic in controlled sub-
902. Savings provisions.
903. Application of State law.
stances flows through interstate and foreign com-
904. Authorization of appropriations.
merce. Incidents of the traffic which are not an
Reproduced at the Richard Nixon Presidential Library
Page 5513
TITLE 21.FOOD AND DRUGS
§ 801
integral part of the interstate or foreign flow, such
46, Shipping, and section 787 of Title 49, Transportation,
as manufacture, local distribution, and possession,
repealing sections 171, 172, 173, 173a, 174, 176, 176a, 176b,
177 to 184, 184a, 185, 188 to 188n, 191, 192, 193, 197, 198,
nonetheless have a substantial and direct effect upon
199, 360a, and 501 to 517 of this title, sections 1401 to 1407
interstate commerce because-
and 3616 of Title 18, sections 4701 to 4707, 4711 to 4716,
(A) after manufacture, many controlled sub-
4721 to 4726, 4731 to 4636, 4741 to 4746, 4751 to 4757, 4761,
stances are transported in interstate commerce,
4762, 4771 to 4776, 7237, 7238, and 7491 of Title 26, sections
529a and 529g of Title 31, and section 1421m of Title 48,
(B) controlled substances distributed locally
Territories and Insular Possessions, and enacting provi-
usually have been transported in interstate com-
sions set out as notes under this section and sections
merce immediately before their distribution, and
171, 321, 822, 951, and 957 of this title] may be cited
(C) controlled substances possessed commonly
as the Comprehensive Drug Abuse Prevention and Con-
trol Act of 1970'."
flow through interstate commerce immediately
Section 100 of Pub. L. 91-513 provided that: "This
prior to such possession.
title [enacting this subchapter, repealing section 360a
(4) Local distribution and possession of controlled
of this title, amending sections 321, 331, 333, 334, 360, 372,
substances contribute to swelling the interstate traffic
and 381 of this title, sections 1114 and 1952 of Title 18,
Crimes and Criminal Procedure, and section 242 of Title
in such substances.
42, The Public Health and Welfare, and enacting provi-
(5) Controlled substances manufactured and dis-
sions set out as notes under this section and sections
tributed intrastate cannot be differentiated from
321 and 822 of this title] may be cited as the 'Controlled
controlled substances manufactured and distributed
Substances Act'."
interstate. Thus, it is not feasible to distinguish, in
CONTINUATION OF ORDERS, RULES, AND REGULATIONS
terms of controls, between controlled substances
Section 705 of Pub. L. 91-513 provided that: "Any
orders, rules, and regulations which have been pro-
manufactured and distributed interstate and con-
mulgated under any law affected by this title [this sub-
trolled substances manufactured and distributed
chapter] and which are in effect on the day preceding
intrastate.
enactment of this title [Oct. 27, 1970] shall continue in
effect until modified, superseded, or repealed."
(6) Federal control of the intrastate incidents of
COMMISSION ON MARIHUANA AND DRUG ABUSE
the traffic in controlled substances is essential to
Section 601 of Pub. L. 91-513 provided that:
the effective control of the interstate incidents of
"(a) [Establishment; composition] There is established
such traffic.
a commission to be known as the Commission on Mari-
(7) The United States is a party to the Single Con-
huana and Drug Abuse (hereafter in this section referred
to as the "Commission"). The Commission shall be com-
vention on Narcotic Drugs, 1961, and other interna-
posed of-
tional conventions designed to establish effective
"(1) two Members of the Senate appointed by the
control over international and domestic traffic in
President of the Senate;
controlled substances. (Pub. L. 91-513, title II, § 101,
"(2) two Members of the House of Representatives
appointed by the Speaker of the House of Representa-
Oct. 27, 1970, 84 Stat. 1242.)
tives; and
EFFECTIVE DATE
"(3) nine members appointed by the President of the
United States.
Section 704 of Pub. L. 91-513 provided that:
At no time shall more than one of the members ap-
"(a) Except as otherwise provided in this section, this
pointed under paragraph (1), or more than one of the
title [see Short Title note under this section] shall be-
members appointed under paragraph (2), or more than
come effective on the first day of the seventh calendar
five of the members appointed under paragraph (3) be
month that begins after the day immediately preceding
members of the same political party.
the date of enactment [Oct. 27, 1970].
"(b) [Chairman; Vice Chairman; compensation of
"(b) Parts A, B, E, and F of this title, [Parts A, B, E,
members; meetings] (1) The President shall designate
and F of this subchapter], section 702 [set out as a note
one of the members of the Commission as Chairman and
under section 321 of this title], this section, and sec-
one as Vice Chairman. Seven members of the Commis-
tions 705 through 709 [set out as sections 901 to 904 of
sion shall constitute a quorum, but a lesser number may
this title and as a note under this section] shall become
conduct hearings.
effective upon enactment [Oct. 27, 1970].
"(2) Members of the Commission who are Members of
"(c) Sections 305 (relating to labels and labeling),
Congress or full-time officers or employees of the United
[section 825 of this title], and 306 (relating to manu-
States shall serve without additional compensation but
facturing quotas) [section 826 of this title] shall become
shall be reimbursed for travel, subsistence, and other
effective on the date specified in subsection (a) of this
section, except that the Attorney General may by order
necessary expenses incurred in the performance of the du-
published in the Federal Register postpone the effective
ties vested in the Commission. Members of the Com-
date of either or both of these sections for such period
mission from private life shall receive $100 per diem while
as he may determine to be necessary for the efficient ad-
engaged in the actual performance of the duties vested in
ministration of this title [this subchapter]."
the Commission, plus relmbursement for travel, subsist-
SHORT TITLE
ence, and other necessary expenses incurred in the per-
formance of such duties.
Pub. L. 91-513, in the provisions preceding section 1
immediately following the enacting clause, provided:
"(3) The Commission shall meet at the call of the
"That this act [enacting this chapter and sections 257a,
Chairman or at the call of a majority of the members
26881-1, 2688n-1, and 3509 of Title 42, The Public Health
thereof.
and Welfare, amending sections 162, 198a, 321, 331, 333,
"(c) [Personnel; experts; information from depart-
334, 360, 372, and 381 of this title, sections 1114, 1952,
ments and agencies] (1) The Commission shall have the
and 4251 of Title 18, Crimes and Criminal Procedure,
power to appoint and flx the compensation of such per-
section 1584 of Title 19, Customs Duties, sections 4901,
sonnel as it deems advisable, without regard to the provi-
4905, 6808, 7012, 7103, 7326, 7607, 7609, 7641, 7651, and 7655
sions of title 5, United States Code, governing appoint-
of Title 26, Internal Revenue Code, section 2901 of Title
28, Judiciary and Judicial Procedure, sections 529d, 529e,
ments in the competitive service, and the provisions of
and 529f of Title 31, Money and Finance, Section 304m
chapter 51 and subchapter III of chapter 53 of such title,
of Title 40, Public Buildings, Property, and Works, sec-
relating to classification and General Schedule pay rates.
tions 201, 225a, 242, 242a, 246, 257, 258, 259, 260, 261, 261a,
"(2) The Commission may procure, in accordance with
2688k, 26881, 2688m, 2688n, 26880, 2688r, and 3411 of Title
the provisions of section 3109 of title 5, United States
4, The Public Health and Welfare, section 239a of Title
Code, the temporary or intermittent services of experts or
Reproduced at the Richard Nixon Presidential Library
§ 802
TITLE 21.FOOD AND DRUGS
Page 5514
consultants. Persons SO employed shall receive compensa-
such term does not include a common or contract
tion at a rate to be fixed by the Commission, but not in
carrier, public warehouseman, or employee of the
excess of $75 per diem, including traveltime. While away
from his home or regular place of business in the per-
carrier or warehouseman, when acting in the usual
formance of services for the Commission, any such per-
and lawful course of the carrier's or warehouseman's
son may be allowed travel expenses, including per diem
business.
in lieu of subsistence, as authorized by section 5703 (b) of
(4) The term "Bureau of Narcotics and Dangerous
title 5, United States Code, for persons in the Govern-
ment service employed intermittently.
Drugs" means the Bureau of Narcotics and Danger-
"(3) The Commission may secure directly from any
ous Drugs in the Department of Justice.
department or agency of the United States information
(5) The term "control" means to add a drug or
necessary to enable it to carry out its duties under this
other substance, or immediate precursor, to a sched-
section. Upon request of the Chairman of the Commission,
such department or agency shall furnish such informa-
ule under part B of this subchapter, whether by
tion to the Commission.
transfer from another schedule or otherwise.
(d) [Marihuana study; report to the President and the
(6) The term "controlled substance" means a drug
Congress] (1) The Commission shall conduct a study of
or other substance, or immediate precursor, included
marihuana including, but not limited to, the following
in schedule I, II, III, IV, or V of part B of this sub-
areas:
"(A) the extent of use of marihuana in the United
chapter. The term does not include distilled spirits,
States to include its various sources of users, number of
wine, malt beverages, or tobacco, as those terms are
arrests, number of convictions, amount of marihuana
defined or used in subtitle E of the Internal Revenue
seized, type of user, nature of use;
Code of 1954.
"(B) an evaluation of the efficacy of existing mari-
huana laws;
(7) The term "counterfeit substance" means a
"(C) a study of the pharmacology of marihuana and
controlled substance which, or the container or
its immediate and long-term effects, both physiological
labeling of which, without authorization, bears the
and psychological;
"(D) the relationship of marihuana use to aggressive
trademark, trade name, or other identifying mark,
behavior and crime.
imprint, number, or device, or any likeness thereof,
"(E) the relationship between marihuana and the use
of a manufacturer, distributor, or dispenser other
of other drugs; and
than the person or persons who in fact manufac-
"(F) the international control of marihuana.
"(2) Within one year after the date on which funds
tured, distributed, or dispensed such substance and
first become available to carry out this section, the Com-
which thereby falsely purports or is represented to
mission shall submit to the President and the Congress a
be the product of, or to have been distributed by,
comprehensive report on its study and investigation under
such other manufacturer, distributor, or dispenser.
this subsection which shall include its recommendations
and such proposals for legislation and administrative ac-
(8) The terms "deliver" or "delivery" mean the
tion as may be necessary to carry out its recommendations.
actual, constructive, or attempted transfer of a con-
"(e) [Study and investigation of causes of drug abuse;
trolled substance, whether or not there exists an
report to the President and the Congress; termination of
agency relationship.
Commission] The Commission shall conduct a comprehen-
sive study and investigation of the causes of drug abuse
(9) The term "depressant or stimulant substance"
and their relative significance. The Commission shall
means-
submit to the President and the Congress such interim
(A) a drug which contains any quantity of (i)
reports is it deems advisable and shall. within two years
barbituric acid or any of the salts of barbituric
after the date on which funds first become available to
carry out this section submit to the President and the
acid; or (ii) any derivative of barbituric acid
Congress a final report which shall contain a detailed
which has been designated by the Secretary as
statement of its findings and conclusions and also such
habit forming under section 352(d) of this title:
recommendations for legislation and administrative ac-
or
tions as it deems appropriate. The Commission shall cease
to exist sixty days after the final report is submitted
(B) a drug which contains any quantity of (i)
under this subsection.
amphetamine or any of its optical isomers; (ii)
"(f) [Limitation on expenditures] Total expenditures
any salt of amphetamine or any salt of an optical
of the Commission shall not exceed $1,000,000."
isomer of amphetamine; or (iii) any substance
§ 802. Definitions.
which the Attorney General, after investigation,
has found to be, and by regulation designated as,
As used in this subchapter:
habit forming because of its stimulant effect on
(1) The term "addict" means any individual who
the central nervous systems; or
habitually uses any narcotic drug SO as to endanger
(C) lysergic acid diethylamide; or
the public morals, health, safety, or welfare, or who
(D) any drug which contains any quantity of a
is so far addicted to the use of narcotic drugs as to
substance which the Attorney General, after in-
have lost the power of self-control with reference to
vestigation, has found to have, and by regulation
his addiction.
designated as having, a potential for abuse because
(2) The term "administer" refers to the direct
of its depressant or stimulant effect on the central
application of a controlled substance to the body of
nervous system or its hallucinogenic effect.
a patient or research subject by-
(10) The term "dispense" means to deliver a con-
(A) a practitioner (or, in his presence, by his
trolled substance to an ultimate user or research
authorized agent), or
subject by, or pursuant to the lawful order of, a
(B) the patient or research subject at the direc-
tion and in the presence of the practitioner,
practioner, including the prescribing and adminis-
whether such application be by injection, inhalation,
tering of a controlled substance and the packaging,
ingestion, or any other means.
labeling or compounding necessary to prepare the
(3) The term "agent" means an authorized per-
substance for such delivery. The term "dispenser"
son who acts on behalf of or at the direction of a
means a practitioner who so delivers a controlled
manufacturer, distributor, or dispenser; except that
substance to an ultimate user or research subject.
Reproduced at the Richard Nixon Presidential Library
Page 5515
TITLE 21.-FOOD AND DRUGS
§ 803
(11) The term "distribute" means to deliver (other
macy, hospital, or other person licensed, registered,
than by administering or dispensing) a controlled
or otherwise permitted, by the United States or the
substance. The term "distributor" means a person
jurisdiction in which he practices or does research, to
who so delivers a controlled substance.
distribute, dispense, conduct research with respect
(12) The term "drug" has the meaning given that
to, administer, or use in teaching or chemical ana-
term by section 321 (g) (1) of this title.
lysis, a controlled substance in the course of profes-
(13) The term "felony" means any Federal or
sional practice or research.
State offense classified by applicable Federal or State
(21) The term "production" includes the manu-
law as a felony.
facture, planting, cultivation, growing, or harvesting
(14) The term "manufacture" means the produc-
of a controlled substance.
tion, preparation, propagation, compounding, or
(22) The term "immediate precursor" means a
processing of a drug or other substance, either di-
substance-
rectly or indirectly or by extraction from substances
(A) which the Attorney General has found to
of natural origin, or independently by means of
be and by regulation designated as being the prin-
chemical synthesis or by a combination of extraction
cipal compound used, or produced primarily for
and chemical synthesis, and includes any packaging
use, in the manufacture of a controlled substance;
or repackaging of such substance or labeling or re-
(B) which is an immediate chemical intermedi-
labeling of its container; except that such term does
ary used or likely to be used in the manufacture of
not include the preparation, compounding, packag-
such controlled substance; and
ing, or labeling of a drug or other substance in con-
(C) the control of which is necessary to prevent,
formity with applicable State or local law by a
curtail, or limit the manufacture of such controlled
practitioner as an incident to his administration or
substance.
dispensing of such drug or substance in the course of
(23) The term "Secretary", unless the context
his professional practice. The term "manufacturer"
otherwise indicates, means the Secretary of Health,
means a person who manufactures a drug or other
substance.
Education, and Welfare.
(15) The term "marihuana" means all parts of the
(24) The term "State" means any State, territory,
plant Cannabis sativa L., whether growing or not;
or possession of the United States, the District of
the seeds thereof; the resin extracted from any part
Columbia, the Commonwealth of Puerto Rico, the
of such plant; and every compound, manufacture,
Trust Territory of the Pacific Islands, and the Canal
Zone.
salt, derivative, mixture, or preparation of such
plant, its seeds or resin. Such term does not include
(25) The term "ultimate user" means a person
the mature stalks of such plant, fiber produced from
who has lawfully obtained, and who possesses, a con-
such stalks, oil or cake made from the seeds of such
trolled substance for his own use or for the use of a
plant, any other compound, manufacture, salt, deri-
member of his household or for an animal owned by
vative, mixture, or preparation of such mature stalks
him or by a member of his household.
(except the resin extracted therefrom), fiber, oil, or
(26) The term "United States", when used in a
cake, or the sterilized seed of such plant which is
geographic sense, means all places and waters, con-
incapable of germination.
tinental or insular, subject to the jurisdiction of the
(16) The term "narcotic drug" means any of the
United States. (Pub. L. 91-513, title II, § 102, Oct. 27,
following, whether produced directly or indirectly by
1970, 84 Stat. 1242.)
extraction from substances of vegetable origin, or
EFFECTIVE DATE
independently by means of chemical synthesis, or by
Section effective Oct 27, 1970, see section 704 of Pub. L.
a combination of extraction and chemical synthesis:
91-513, set out as a note under section 801 of this title.
(A) Opium, coca leaves, and opiates.
SECTION REFERRED TO IN OTHER SECTIONS
(B) A compound, manufacturer, salt, derivative,
This section is referred to in sections 198a, 822, 951, 957
or preparation of opium, coca leaves, or opiates.
of this title; title 18 sections 1952, 4251; title 19 section
(C) A substance (and any compound, manu-
1584; title 26 section 7607; title 28 section 2901; title 42
section 201; title 46 section 239a.
facture, salt, derivative, or preparation thereof)
which is chemically identical with any of the sub-
§ 803. Increase in numbers of enforcement personnel;
stances referred to in clause (A) or (B).
authorization of appropriations.
Such term does not include decocainized coca leaves
(a) During the fiscal year 1971, the Bureau of
or extracts of coca leaves which extracts do not
Narcotics and Dangerous Drugs is authorized to add
contain cocaine or ecgonine.
at least 300 agents, together with necessary support-
(17) The term "opiate" means any drug or other
ing personnel, to the number of enforcement person-
substance having an addiction-forming or addiction-
nel currently available to it.
sustaining liability similar to morphine or being ca-
(b) There are authorized to be appropriated not to
pable of conversion into a drug having such ad-
exceed $6,000,000 for the fiscal year 1971 and for each
diction-forming or addiction-sustaining liability.
fiscal year thereafter to carry out the provisions of
(18) The term "opium poppy" means the plant of
subsection (a) of this section. (Pub. L. 91-513, title
the species Papaver somniferum L., except the seed
II, § 103, Oct. 27, 1970, 84 Stat. 1245.)
thereof.
EFFECTIVE DATE
(19) The term "poppy straw" means all parts,
Section effective Oct. 27, 1970, see section 704 of Pub. L.
except the seeds, of the opium poppy, after mowing.
91-513, set out as a note under section 801 of this title.
(20) The term "practitioner" means a physician,
SECTION REFERRED TO IN OTHER SECTIONS
dentist, veterinarian, scientific investigator, phar-
This section is referred to in section 904 of this title.
Reproduced at the Richard Nixon Presidential Library
§ 811
TITLE 21.FOOD AND DRUGS
Page 5516
PART B.-AUTHORITY To CONTROL; STANDARDS AND
evidence that the drug or other substance should be
SCHEDULES
removed entirely from the schedules, he shall initiate
proceedings for control or removal, as the case may
§ 811. Authority and criteria for classification of sub-
be, under subsection (a) of this section.
stances.
(a) Rules and regulations of Attorney General;
(c) Factors determinative of control or removal from
hearing.
schedules.
The Attorney General shall apply the provisions of
In making any finding under subsection (a) of
this subchapter to the controlled substances listed
this section or under subsection (b) of section 812
in the schedules established by section 812 of this
of this title, the Attorney General shall consider
title and to any other drug or other substance added
the following factors with respect to each drug or
to such schedules under this subchapter. Except as
other substance proposed to be controlled or removed
provided in subsections (d) and (e) of this section,
from the schedules:
the Attorney General may by rule-
(1) Its actual or relative potential for abuse.
(1) add to such a schedule or transfer between
(2) Scientific evidence of its pharmacological
such schedules any drug or other substance if he-
effect, if known.
(A) finds that such drug or other substance
(3) The state of current scientific knowledge
has a potential for abuse, and
regarding the drug or other substance.
(B) makes with respect to such drug or other
(4) Its history and current pattern of abuse.
substance the findings prescribed by subsection
(5) The scope, duration, and significance of
(b) of section 812 of this title for the schedule in
abuse.
which such drug is to be placed; or
(6) What, if any, risk there is to the public
(2) remove any drug or other substance from
health.
the schedules if he finds that the drug or other
(7) Its psychic or physiological dependence
substance does not meet the requirements for in-
liability.
clusion in any schedule.
(8) Whether the substance is an immediate
Rules of the Attorney General under this subsection
precursor of a substance already controlled under
shall be made on the record after opportunity for a
this subchapter.
hearing pursuant to the rulemaking procedures pre-
(d) International treaties, conventions, and protocols
scribed by subchapter II of chapter 5 of Title 5.
requiring control.
Proceedings for the issuance, amendment, or repeal
If control is required by United States obligations
of such rules may be initiated by the Attorney Gen-
under international treaties, conventions, or proto-
eral (1) on his own motion, (2) at the request of the
cols in effect on the effective date of this part, the
Secretary, or (3) on the petition of any interested
Attorney General shall issue an order controlling
party.
such drug under the schedule he deems most ap-
(b) Evaluation of drugs and other substances.
propriate to carry out such obligations, without
The Attorney General shall, before initiating pro-
regard to the findings required by subsection (a)
ceedings under subsection (a) of this section to
of this section or section 812(b) of this title and
control a drug or other substance or to remove a
without regard to the procedures prescribed by sub-
drug or other substance entirely from the schedules,
sections (a) and (b) of this section.
and after gathering the necessary data, request from
(e) Immediate precursors.
the Secretary a scientific and medical evaluation,
The Attorney General may, without regard to the
and his recommendations, as to whether such drug
or other substance should be so controlled or re-
findings required by subsection (a) of this section
moved as a controlled substance. In making such
or section 812(b) of this title and without regard
evaluation and recommendations, the Secretary shall
to the procedures prescribed by subsections (a) and
consider the factors listed in paragraphs (2), (3),
(b) of this section, place an immediate precursor in
(6), (7), and (8) of subsection (c) of this section
the same schedule in which the controlled substance
and any scientific or medical considerations in-
of which it is an immediate precursor is placed or
volved in paragraphs (1), (4), and (5) of such sub-
in any other schedule with a higher numerical des-
section. The recommendations of the Secretary shall
ignation. If the Attorney General designates a sub-
include recommendations with respect to the ap-
stance as an immediate precursor and places it in
propriate schedule, if any, under which such drug
a schedule, other substances shall not be placed
or other substance should be listed. The evaluation
in a schedule solely because they are its precursors.
and the recommendations of the Secretary shall be
made in writing and submitted to the Attorney
(f) Abuse potential.
General within a reasonable time. The recommenda-
If, at the time a new-drug application is submitted
tions of the Secretary to the Attorney General shall
to the Secretary for any drug having a stimulant,
be binding on the Attorney General as to such scien-
depressant, or hallucinogenic effect on the central
tific and medical matters, and if the Secretary
nervous system, it appears that such drug has an
recommends that a drug or other substance not be
abuse potential, such information shall be forwarded
controlled, the Attorney General shall not control
by the Secretary to the Attorney General.
the drug or other substance. If the Attorney General
(g) Non-narcotic substances sold over the counter
determines that these facts and all other relevant
without a prescription; dextromethorphan.
data constitute substantial evidence of potential
(1) The Attorney General shall by regulation ex-
for abuse such as to warrant control or substantial
clude any non-narcotic substance from a schedule if
Reproduced at the Richard Nixon Presidential Library
Page 5517
TITLE 21.-FOOD AND DRUGS
§ 812
such substance may, under the Federal Food, Drug,
(3) SCHEDULE III.-
and Cosmetic Act, be lawfully sold over the counter
(A) The drug or other substance has a poten-
without a prescription.
tial for abuse less than the drugs or other sub-
(2) Dextromethorphan shall not be deemed to
stances in schedules I and II.
be included in any schedule by reason of enactment
(B) The drug or other substance has a cur-
of this subchapter unless controlled after the date
rently accepted medical use in treatment in the
of such enactment pursuant to the foregoing pro-
United States.
visions of this section. (Pub. L. 91-513, title II, § 201,
(C) Abuse of the drug or other substance may
Oct. 27, 1970, 84 Stat. 1245.)
lead to moderate or low physical dependence or
REFERENCES IN TEXT
high psychological dependence.
The effective date of this part, referred to in subsec. (d),
(4) SCHEDULE IV.-
is Oct. 27, 1970, the date of enactment of Pub. L. 91-513.
(A) The drug or other substance has a low
See Effective Date Note below.
potential for abuse relative to the drugs or other
The Federal Food, Drug, and Cosmetic Act, referred
substances in schedule III.
to in subsec. (g) (1), is Act June 25, 1938, c. 675, 52 Stat.
1040, as amended, which is classified to section 301 et seq.
(B) The drug or other substance has a cur-
of this title.
rently accepted medical use in treatment in the
The date of enactment of this subchapter, referred
United States.
to in subsec. (g) (2), is the date of enactment of Pub. L.
(C) Abuse of the drug or other substance may
91-513, which was approved on Oct. 27, 1970.
lead to limited physical dependence or psychologi-
EFFECTIVE DATE
cal dependence relative to the drugs or other
Section effective Oct. 27, 1970, see section 704 of Pub. L.
substances in schedule III.
91-513, set out as a note under section 801 of this title.
(5) SCHEDULE V.-
SECTION REFERRED TO IN OTHER SECTIONS
(A) The drug or other substance has a low
This section is referred to in sections 812, 872 of this
potential for abuse relative to the drugs or other
title.
substances in schedule IV.
§ 812. Schedules of controlled substances.
(B) The drug or other substance has a cur-
(a) Establishment.
rently accepted medical use in treatment in the
There are established five schedules of controlled
United States.
substances, to be known as schedules I, II, III, IV,
(C) Abuse of the drug or other substance may
and V. Such schedules shall initially consist of the
lead to limited physical dependence or psychologi-
substances listed in this section. The schedules
cal dependence relative to the drugs or other
established by this section shall be updated and
substances in schedule IV.
republished on a semiannual basis during the two-
(c) Initial schedules of controlled substances.
year period beginning one year after the date of
Schedules I, II, III, IV, and V shall, unless and
enactment of this subchapter and shall be updated
until amended pursuant to section 811 of this title,
and republished on an annual basis thereafter.
consist of the following drugs or other substances,
by whatever official name, common or usual name,
(b) Placement on schedules; findings required.
chemical name, or brand name designated:
Except where control is required by United States
obligations under an international treaty, conven-
SCHEDULE I
tion, or protocol, in effect on the effective date of
(a) Unless specifically excepted or unless listed
this part, and except in the case of an immediate
in another schedule, any of the following opiates,
precursor, a drug or other substance may not be
including their isomers, esters, ethers, salts, and
placed in any schedule unless the findings required
salts of isomers, esters, and ethers, whenever the
for such schedule are made with respect to such
existence of such isomers, esters, ethers, and salts
drug or other substance. The findings required for
is possible within the specific chemical designa-
each of the schedules are as follows:
tion:
(1) SCHEDULE I.-
(1) Acetylmethadol.
(A) The drug or other substance has a high po-
(2) Allylprodine.
tential for abuse.
(3) Alphacetylmathadol.
(B) The drug or other substance has no cur-
(4) Alphameprodine.
rently accepted medical use in treatment in the
(5) Alphamethadol.
United States.
(6) Benzethidine.
(C) There is a lack of accepted safety for use
(7) Betacetylmethadol.
of the drug or other substance under medical
(8) Betameprodine.
supervision.
(9) Betamethadol.
(2) SCHEDULE II.-
(10) Betaprodine.
(11) Clonitazene.
(A) The drug or other substance has a high
(12) Dextromoramide.
potential for abuse.
(13) Dextrorphan.
(B) The drug or other substance has a cur-
(14) Diampromide.
rently acepted medical use in treatment in the
(15) Diethylthiambutene.
United States or a currently accepted medical use
(16) Dimenoxadol.
with severe restrictions.
(17) Dimepheptanol.
(C) Abuse of the drug or other substances may
(18) Dimethylthiambutene.
lead to severe psychological or physical
(19) Dioxaphetyl butyrate.
dependence.
(20) Dipipanone.
Reproduced at the Richard Nixon Presidential Library
§ 812
TITLE 21.FOOD AND DRUGS
Page 5518
(21) Ethylmethylthiambutene.
(7) 4-methyl-2,5-diamethoxyamphetamine.
(22) Etonitazene.
(8) Ibogaine.
(23) Etoxeridine.
(9) Lysergic acid diethylamide.
(24) Furethidine.
(10) Marihuana.
(25) Hydroxypethidine.
(11) Mescaline.
(26) Ketobemidone.
(12) Peyote.
(27) Levomoramide.
(13) N-ethyl-3-piperidyl benzilate.
(28) Levophenacylmorphan.
(14) N-methyl-3-piperidyl benzilate.
(29) Morpheridine.
(15) Psilocybin.
(30) Noracymethadol.
(16) Psilocyn.
(31) Norlevorphanol.
(17) Tetrahydrocannabinols.
(32) Normethadone.
SCHEDULE II
(33) Norpipanone.
(34) Phenadoxone.
(a) Unless specifically excepted or unless listed
(35) Phenampromide.
in another schedule, any of the following sub-
(36) Phenomorphan.
stances whether produced directly or indirectly by
(37) Phenoperidine.
extraction from substances of vegetable origin, or
(38) Piritramide.
independently by means of chemical synthesis, or
(39) Propheptazine.
by a combination of extraction and chemical
(40) Properidine.
synthesis:
(41) Racemoramide.
(1) Opium and opiate, and any salt, com-
(42) Trimeperidine.
pound, derivative, or preparation of opium or
(b) Unless specifically excepted or unless listed
opiate.
in another schedule, any of the following opium
(2) Any salt, compound, derivative, or prep-
derivatives, their salts, isomers, and salt of isomers
aration thereof which is chemically equivalent
whenever the existence of such salts, isomers, and
or identical with any of the substances referred
salts of isomers is possible within the specific
to. in clause (1), except that these substances
chemical designation:
shall not include the isoquinoline alkaloids of
(1) Acetorphine.
opium.
(2) Acetyldihydrocodeine.
(3) Opium poppy and poppy straw.
(3) Benzylmorphine.
(4) Coca leaves and any salt, compound, de-
(4) Codeine methylbromide.
rivative, or preparation of coca leaves, and any
(5) Codeine-N-Oxide.
salt, compound, derivative, or preparation there-
(6) Cyprenorphine.
of which is chemically equivalent or identical
(7) Desomorphine.
with any of these substances, except that the
(8) Dihydromorphine.
substances shall not include decocainized coca
(9) Etorphine.
leaves or extraction of coca leaves, which ex-
(10) Heroin.
tractions do not contain cocaine or ecgonine.
(11) Hydromorphinol.
(b) Unless specifically excepted or unless listed
(12) Methyldesorphine.
in another schedule, any of the following opiates,
(13) Methylhydromorphine.
including their isomers, esters, ethers, salts, and
(14) Morphine methylbromide.
salts of isomers, esters and ethers, whenever the
(15) Morphine methylsulfonate.
existence of such isomers, esters, ethers, and salts
(16) Morphine-N-Oxide.
is posible within the specific chemical designation:
(17) Myrophine.
(1) Alphaprodine.
(18) Nicocodeine.
(2) Anileridine.
(19) Nicomorphine.
(3) Bezitramide.
(20) Normorphine.
(4) Dihydrocodeine.
(21) Pholcodine.
(5) Diphenoxylate.
(22) Thebacon.
(6) Fentanyl.
(c) Unless specifically excepted or unless listed
(7) Isomethadone.
in another schedule, any material, compound, mix-
(8) Levomethorphan.
ture, or preparation, which contains any quantity
(9) Levorphanol.
of the following hallucinogenic substances, or
(10) Metazocine.
which contains any of their salts, isomers, and
(11) Methadone.
salts of isomers whenever the existence of such
(12) Methadone-Intermediate, 4 cyano 2
salts, isomers, and salts of isomers is possible with-
dimethylamino-4,4-diphenyl butane.
in the specific chemical designation:
(13) Moramide-Intermediate, 2 methyl 3 -
(1) 3,4-methylenedioxy amphetamine.
morpholino 1, 1 diphenylpropane carboxylic
(2) 5-methoxy-3,4-methylenedioxy ampheta-
acid.
mine.
(14) Pethidine.
(3) 3,4,5-trimethoxy amphetamine.
(15) Pethidine Intermediate-A, 4-cyano-1-
(4) Bufotenine.
methyl-4-phenylpiperidine.
(5) Diethyltryptamine.
(16) Pethidine Intermediate-B, ethyl 4 -
(6) Dimethyltryptamine.
phenylpiperidine-4-carboxylate.
Reproduced at the Richard Nixon Presidential Library
Page 5519
TITLE 21.-FOOD AND DRUGS
§ 812
(17) Pethidine-Intermediate-C, 1-methyl-4-
(5) Not more than 1.8 grams of dihydro-
phenylpiperidine-4-carboxylic acid.
codeine per 100 milliliters or not more than 90
(18) Phenazocine.
milligrams per dosage unit, with one or more
(19) Piminodine.
active, nonnarcotic ingredients in recognized
(20) Racemethorphan.
therapeutic amounts.
(21) Racemorphan.
(6) Not more than 300 milligrams of ethyl-
(c) Unless specifically excepted or unless listed
morphine per 100 milliliters or not more than
in another schedule, any injectable liquid which
15 milligrams per dosage unit, with one or more
contains any quantity of methamphetamine, in-
active, nonnarcotic ingredients in recognized
cluding its salts, isomers, and salts of isomers.
therapeutic amounts.
SCHEDULE III
(7) Not more than 500 milligrams of opium
per 100 milliliters or per 100 grams, or not more
(a) Unless specifically excepted or unless listed
than 25 milligrams per dosage unit, with one or
in another schedule, any material, compound, mix-
more active, nonnarcotic ingredients in recog-
ture, or preparation which contains any quantity
nized therapeutic amounts.
of the following substances having a stimulant
(8) Not more than 50 milligrams of morphine
effect on the central nervous system:
per 100 milliliters or per 100 grams with one or
(1) Amphetamine, its salts, optical isomers,
more active, nonnarcotic ingredients in recog-
and salts of its optical isomers.
nized therapeutic amounts.
(2) Phenmetrazine and its salts.
(3) Any substance (except an injectable
SCHEDULE IV
liquid) which contains any quantity of metham-
(1) Barbital.
phetamine, including its salts, isomers, and salts
(2) Chloral betaine.
of isomers.
(3) Chloral hydrate.
(4) Methylphenidate.
(4) Ethchlorvynol.
(b) Unless specifically excepted or unless listed
(5) Ethinamate.
in another schedule, any material, compound, mix-
(6) Methohexital.
ture, or preparation which contains any quantity
(7) Meprobamate.
of the following substances having a depressant
(8) Methylphenobarbital.
effect on the central nervous system:
(9) Paraldehyde.
(1) Any substance which contains any quan-
(10) Petrichloral.
tity of a derivative of barbituric acid, or any
(11) Phenobarbital.
salt of a derivative of barbituric acid.
SCHEDULE V
(2) Chorhexadol.
(3) Glutehimide.
Any compound, mixture, or preparation contain-
(4) Lysergic acid.
ing any of the following limited quantities of nar-
(5) Lysergic acid amide.
cotic drugs, which shall include one or more non-
(6) Methyprylon.
narcotic active medicinal ingredients in sufficient
(7) Phencyclidine.
proportion to confer upon the compound, mix-
(8) Sulfondiethylmethane.
ture, or preparation valuable medicinal qualities
(9) Sulfonethylmethane.
other than those possessed by the narcotic drug
(10) Sulfonmethane.
alone:
(c) Nalorphine.
(1) Not more than 200 milligrams of codeine
(d) Unless specifically excepted or unless listed
per 100 milliliters or per 100 grams.
in another schedule, any material, compound, mix-
(2) Not more than 100 milligrams of dihydro-
ture, or preparation containing limited quantities
codeine per 100 milliliters or per 100 grams.
of any of the following narcotic drugs, or any salts
(3) Not more than 100 milligrams of ethyl-
thereof:
morphine per 100 milliliters or per 100 grams.
(1) Not more than 1.8 grams of codeine per
(4) Not more than 2.5 milligrams of diphen-
100 milliliters or not more than 90 milligrams
oxylate and not less than 25 micrograms of
per dosage unit, with an equal or greater quan-
atropine sulfate per dosage unit.
tity of an isoquinoline alkaloid of opium.
(5) Not more than 100 milligrams of opium
(2) Not more than 1.8 grams of codeine per
per 100 milliliters or per 100 grams.
100 milliliters or not more than 90 milligrams
(d) Stimulants or depressants containing active me-
per dosage unit, with one or more active, non-
dicinal ingredients; exception.
narcotic ingredients in recognized therapeutic
The Attorney General may by regulation except
amounts.
any compound, mixture, or preparation containing
(3) Not more than 300 milligrams of dihydro-
any depressant or stimulant substance in paragraph
codeinone per 100 milliliters or not more than 15
(a) or (b) of schedule III or in schedule IV or V
milligrams per dosage unit, with a fourfold or
from the application of all or any part of this sub-
greater quantity of an isoquinoline alkaloid of
chapter if (1) the compound, mixture, or prepara-
opium.
tion contains one or more active medicinal ingre-
(4) Not more than 300 milligrams of dihydro-
dients not having a depressant or stimulant effect on
codeinone per 100 milliliters or not more than 15
the central nervous system, and (2) such ingredients
milligrams per dosage unit, with one or more
are included therein in such combinations, quantity,
active, nonnarcotic ingredients in recognized
proportion, or concentration as to vitiate the poten-
therapeutic amounts.
tial for abuse of the substances which do have a
47-500 0-71-vol. 5-64
Reproduced at the Richard Nixon Presidential Library
§ 821
TITLE 21.-FOOD AND DRUGS
Page 5520
depressant or stimulant effect on the central nervous
(d) Waiver.
system. (Pub. L. 91-513, title II, § 202, Oct. 27, 1970,
The Attorney General may, by regulation, waive
84 Stat. 1247.)
the requirement for registration of certain manufac-
REFERENCES IN TEXT
turers, distributors, or dispensers if he finds it con-
The date of enactment of this subchapter, referred to
sistent with the public health and safety.
in subsec. (a), is the date of enactment of Pub. L. 91-513,
which was approved on Oct. 27, 1970.
(e) Separate registration.
The effective date of this part, referred to in subsec.
A separate registration shall be required at each
(b), is Oct. 27, 1970, the date of enactment of Pub. L.
principal place of business or professional practice
91-513. See Effective Date Note below.
where the applicant manufactures, distributes, or
EFFECTIVE DATE
dispenses controlled substances.
Section effective Oct. 27, 1970, see section 704 of Pub. L.
91-513, set out as a note under section 801 of this title.
(f) Inspection.
SECTION REFERRED TO IN OTHER SECTIONS
The Attorney General is authorized to inspect the
This section is referred to in section 811 of this title.
establishment of a registrant or applicant for regis-
tration in accordance with the rules and regulations
PART C-REGISTRATION OF MANUFACTURERS, DISTRIBU-
promulgated by him. (Pub. L. 91-513, title II,
TORS, AND DISPENSERS OF CONTROLLED SUBSTANCES
§ 302, Oct. 27, 1970, 84 Stat. 1253.)
§ 821. Rules and regulations.
EFFECTIVE DATE
The Attorney General is authorized to promulgate
Section effective on the first day of the seventh calendar
rules and regulations and to charge reasonable fees
month that begins after Oct. 26, 1970, see section 704 of
relating to the registration and control of the manu-
Pub. L. 91-513, set out as a note under section 801 of this
title.
facture, distribution, and dispensing of controlled
PROVISIONAL REGISTRATION
substances. (Pub. L. 91-513, title II, § 301, Oct. 27,
Section 703 of Pub. L. 91-513 provided that:
1970, 84 Stat. 1253.)
"(a) (1) Any person who—
"(A) is engaged in manufacturing, distributing, or
EFFECTIVE DATE
dispensing any controlled substance on the day before
Section effective on the first day of the seventh calendar
the effective date of section 302 [this section], and
month that begins after Oct. 26, 1970, see section 704 of
"(B) is registered on such day under section 510 of
Pub. L. 91-513, set out as a note under section 801 of
the Federal Food, Drug, and Cosmetic Act [section 360
this title.
of this title] or under section 4722 of the Internal
Revenue Code of 1954 [section 4722 of Title 26].
§ 822. Persons required to register.
shall, with respect to each establishment for which such
(a) Annual registration.
registration is in effect under any such section, be deemed
Every person who manufactures, distributes, or dis-
to have a provisional registration under section 303 [sec-
tion 823 of this title] for the manufacture, distribution,
penses any controlled substance or who proposes to
or dispensing (as the case may be) of controlled
engage in the manufacture, distribution, or dispens-
substances.
ing of any controlled substance, shall obtain annually
"(2) During the period his provisional registration is
a registration issued by the Attorney General in ac-
in effect under this section, the registration number
cordance with the rules and regulations promulgated
assigned such person under such section 510 [section 360
of this title] or under such section 4722 [section 4722 of
by him.
this title] (as the case may be) shall be his registration
(b) Authorized activities.
number for purposes of section 303 of this title [section
Persons registered by the Attorney General under
823 of this title].
this subchapter to manufacture, distribute, or dis-
"(b) The provisions of section 304 [section 824 of this
title], relating to suspension and revocation of registra-
pense controlled substances are authorized to possess,
tion, shall apply to a provisional registration under this
manufacture, distribute, or dispense such substances
section.
(including any such activity in the conduct of re-
"(c) Unless sooner suspended or revoked under sub-
search) to the extent authorized by their registra-
section (b), a provisional registration of a person under
subsection (a) (1) of this section shall be in effect until-
tion and in conformity with the other provisions of
"(1) the date on which such person has registered
this subchapter.
with the Attorney General under section 303 [section
(c) Exceptions.
823 of this title] or has had his registration denied
under such section, or
The following persons shall not be required to
"(2) such date as may be prescribed by the Attorney
register and may lawfully possess any controlled
General for registration of manufacturers' distributors,
substance under this subchapter:
or dispensers, as the case may be,
(1) An agent or employee of any registered
whichever occurs first."
manufacturer, distributor, or dispenser of any
SECTION REFERRED TO IN OTHER SECTIONS
controlled substance if such agent or employee is
This section is referred to in sections 827, 828, 880, 958,
acting in the usual course of his business or
965 of this title.
employment.
§ 823. Registration requirements.
(2) A common or contract carrier or ware-
(a) Manufacturers of controlled substances in sched-
houseman, or an employee thereof, whose posses-
ules I and II.
sion of the controlled substance is in the usual
The Attorney General shall register an applicant
course of his business or employment.
to manufacture controlled substances in schedule I
(3) An ultimate user who possesses such sub-
or II if he determines that such registration is con-
stance for a purpose specified in section 802(25)
sistent with the public interest and with United
of this title.
States obligations under international treaties, con-
Reproduced at the Richard Nixon Presidential Library
Page 5521
TITLE 21.-FOOD AND DRUGS
§ 823
ventions, or protocols in effect on the effective date
interest. In determining the public interest, the
of this part. In determining the public interest, the
following factors shall be considered:
following factors shall be considered:
(1) maintenance of effective controls against
(1) maintenance of effective controls against
diversion of particular controlled substances and
diversion of particular controlled substances and
any controlled substance in schedule III, IV, or V
any controlled substance in schedule I or II com-
compounded therefrom into other than legitimate
pounded therefrom into other than legitimate
medical, scientific, or industrial channels;
medical, scientific, research, or industrial chan-
(2) compliance with applicable State and local
nels, by limiting the importation and bulk manu-
law;
facture of such controlled substances to a number
(3) promotion of technical advances in the art
of establishments which can produce an adequate
of manufacturing these substances and the devel-
and uninterrupted supply of these substances
opment of new substances;
under adequately competitive conditions for legiti-
(4) prior conviction record of applicant under
mate medical, scientific, research, and industrial
Federal or State laws relating to the manufacture,
purposes;
distribution, or dispensing of such substances;
(2) compliance with applicable State and local
(5) past experience in the manufacture, distri-
law;
bution, and dispensing of controlled substances,
(3) promotion of technical advances in the art
and the existence in the establishment of effective
of manufacturing these substances and the devel-
controls against diversion; and
opment of new substances;
(6) such other factors as may be relevant to and
(4) prior conviction record of applicant under
consistent with the public health and safety.
Federal and State laws relating to the manufac-
(e) Distributors of controlled substances in schedules
ture, distribution, or dispensing of such
III, IV, and V.
substances;
The Attorney General shall register an applicant
(5) past experience in the manufacture of con-
to distribute controlled substances in schedule III,
trolled substances, and the existence in the estab-
IV, or V, unless he determines that the issuance of
lishment of effective control against diversion; and
such registration is inconsistent with the public
(6) such other factors as may be relevant to
interest. In determining the public interest, the fol-
and consistent with the public health and safety.
lowing factors shall be considered:
(b) Distributors of controlled substances in sched-
(1) maintenance of effective controls against
ules I and II.
diversion of particular controlled substances into
The Attorney General shall register an applicant
other than legitimate medical, scientific, and in-
to distribute a controlled substance in schedule I or
dustrial channels;
II unless he determines that the issuance of such
(2) compliance with applicable State and local
registration is inconsistent with the public interest.
law;
In determining the public interest, the following
(3) prior conviction record of applicant under
factors shall be considered:
Federal or State laws relating to the manufacture,
(1) maintenance of effective control against
distribution, or dispensing of such substances;
diversion of particular controlled substances into
(4) past experience in the distribution of con-
other than legitimate medical, scientific, and
trolled substances; and
industrial channels;
(5) such other factors as may be relevant to
(2) compliance with applicable State and local
and consistent with the public health and safety.
law;
(f) Research; pharmacies; research applications.
(3) prior conviction record of applicant under
Practitioners shall be registered to dispense or
Federal or State laws relating to the manufacture,
conduct research with controlled substances in
distribution, or dispensing of such substances;
schedule II, III, IV, or V if they are authorized to
(4) past experience in the distribution of con-
dispense or conduct research under the law of the
trolled substances; and
State in which they practice. Separate registration
(5) such other factors as may be relevant to
under this part for practitioners engaging in re-
and consistent with the public health and safety.
search with nonnarcotic controlled substances in
(c) Limits of authorized activities.
schedule II, III, IV, or V, who are already registered
Registration granted under subsections (a) and
under this part in another capacity, shall not be
(b) of this section shall not entitle a registrant to
required. Pharmacies (as distinguished from phar-
(1) manufacture or distribute controlled substances
macists) when engaged in commercial activities,
in schedule I or II other than those specified in the
shall be registered to dispense controlled substances
registration, or (2) manufacture any quantity of
in schedule II, III, IV, or V if they are authorized to
those controlled substances in excess of the quota
dispense under the law of the State in which they
assigned pursuant to section 826 of this title.
regularly conduct business. Registration applications
(d) Manufacturers of controlled substances in sched-
by practitioners wishing to conduct research with
ules III, IV, and V.
controlled substances in schedule I shall be referred
The Attorney General shall register an applicant
to the Secretary, who shall determine qualifications
to manufacture controlled substances in schedule
and competency of each practitioner requesting
III, IV, or V, unless he determines that the issuance
registration, as well as the merits of the research
of such registration is inconsistent with the public
protocol. The Secretary, in determining the merits
Reproduced at the Richard Nixon Presidential Library
§ 824
TITLE 21.-FOOD AND DRUGS
Page 5522
of each research protocol, shall consult with the At-
after the date of receipt of the order. Proceedings
torney General as to effective procedures to ade-
to deny, revoke, or suspend shall be conducted pur-
quately safeguard against diversion of such con-
suant to this section in accordance with subchapter
trolled substances from legitimate medical or scien-
II of chapter 5 of Title 5. Such proceedings shall be
tific use. Registration for the purpose of bona fide
independent of, and not in lieu of, criminal prosecu-
research with controlled substances in schedule I by
tions or other proceedings under this subchapter or
a practitioner deemed qualified by the Secretary
any other law of the United States.
may be denied by the Attorney General only on a
(d) Suspension of registration in cases of imminent
ground specified in section 824(a) of this title. (Pub.
danger.
L. 91-513, title II, § 303, Oct. 27, 1970, 84 Stat. 1253.)
The Attorney General may, in his discretion, sus-
REFERENCES IN TEXT
pend any registration simultaneously with the in-
The effective date of this part, referred to in subsec.
stitution of proceedings under this section, in cases
(a), is the first day of the seventh calendar month that
where he finds that there is an imminent danger to
begins after Oct. 26, 1970.
the public health or safety. Such suspension shall
EFFECTIVE DATE
continue in effect until the conclusion of such pro-
Section effective on the first day of the seventh calen-
ceedings, including judicial review thereof, unless
dar month that begins after Oct. 26, 1970, see section
sooner withdrawn by the Attorney General or dis-
704 of Pub. L. 91-513, set out as a note under section 801
of this title.
solved by a court of competent jurisdiction.
PROVISIONAL REGISTRATION
(e) Suspension and revocation of quotas.
For provisional registration of persons engaged in
The suspension or revocation of a registration
manufacturing, distributing, or dispensing of controlled
substances on the day before the effective date of section
under this section shall operate to suspend or re-
822 of this title who are registered on such date under
voke any quota applicable under section 826 of this
section 360 of this title or section 4722 of Title 26, see
title.
section 703 of Pub. L. 91-513, set out as a note under
section 822 of this title.
(f) Disposition of controlled substances.
SECTION REFERRED TO IN OTHER SECTIONS
In the event the Attorney General suspends or
This section is referred to in sections 824, 827, 828, 880,
revokes a registration granted under section 823 of
952, 958, 965 of this title.
this title, all controlled substances owned or pos-
sessed by the registrant pursuant to such registra-
§ 824. Denial, revocation, or suspension of registration.
tion at the time of suspension or the effective date
(a) Grounds.
of the revocation order, as the case may be, may, in
A registration pursuant to section 823 of this title
to manufacture, distribute, or dispense a controlled
the discretion of the Attorney General, be placed
substance may be suspended or revoked by the At-
under seal. No disposition may be made of any con-
torney General upon a finding that the registrant-
trolled substances under seal until the time for tak-
(1) has materially falsified any application filed
ing an appeal has elapsed or until all appeals have
pursuant to or required by this subchapter or sub-
been concluded except that a court, upon applica-
chapter II of this chapter;
tion therefor, may at any time order the sale of
(2) has been convicted of a felony under this
perishable controlled substances. Any such order
subchapter or subchapter II of this chapter or
shall require the deposit of the proceeds of the sale
any other law of the United States, or of any
with the court. Upon a revocation order becoming
State, relating to any substance defined in this
final, all such controlled substances (or proceeds of
subchapter as a controlled substance; or
sale deposited in court) shall be forfeited to the
(3) has had his State license or registration
United States; and the Attorney General shall dis-
suspended, revoked, or denied by competent State
pose of such controlled substances in accordance
authority and is no longer authorized by State
with section 881 (e) of this title. (Pub. L. 91-513, title
law to engage in the manufacturing, distribution,
II, § 304, Oct. 27, 1970, 84 Stat. 1255.)
or dispensing of controlled substances.
EFFECTIVE DATE
Section effective on the first day of the seventh calen-
(b) Limits of revocation or suspension.
dar month that begins after Oct. 26, 1970, see section 704
The Attorney General may limit revocation or
of Pub. L. 91-513, set out as a note under section 801 of
suspension of a registration to the particular con-
this title.
PROVISIONAL REGISTRATION
trolled substance with respect to which grounds for
Applicability of this section to provisional registra-
revocation or suspension exist.
tions, see section 703 of Pub. L. 91-513, set out as a note
(c) Service of show cause order; proceedings.
under section 822 of this title.
Before taking action pursuant to this section, or
SECTION REFERRED TO IN OTHER SECTIONS
pursuant to a denial of registration under section
This section is referred to in sections 823, 842, 958 of
this title.
823 of this title, the Attorney General shall serve
upon the applicant or registrant an order to show
§ 825. Labeling and packaging.
cause why registration should not be denied, re-
(a) Symbol.
voked, or suspended. The order to show cause shall
It shall be unlawful to distribute a controlled sub-
contain a statement of the basis thereof and shall
stance in a commercial container unless such con-
call upon the applicant or registrant to appear be-
tainer, when and as required by regulations of the
fore the Attorney General at a time and place stated
Attorney General, bears a label (as defined in sec-
in the order, but in no event less than thirty days
tion 321 (k) of this title) containing an identifying
Reproduced at the Richard Nixon Presidential Library
Page 5523
TITLE 21.FOOD AND DRUGS
§ 826
symbol for such substance in accordance with such
manufactured in excess of his revised quota, the
regulations. A different symbol shall be required for
amount of the excess shall be subtracted from his
each schedule of controlled substances.
quota for the following year.
(b) Unlawful distribution without identifying symbol.
(c) Manufacturing quotas for registered manufac-
It shall be unlawful for the manufacturer of any
turers.
controlled substance to distribute such substance
On or before July 1 of each year, upon application
unless the labeling (as defined in section (m) of
therefor by a registered manufacturer, the Attorney
this title) of such substance contains, when and as
General shall fix a manufacturing quota for the basic
required by regulations of the Attorney General, the
classes of controlled substances in schedules I and II
identifying symbol required under subsection (a)
that the manufacturer seeks to produce. The quota
of this section.
shall be subject to the provisions of subsections
(a) and (b) of this section. In fixing such quotas,
(c) Warning on label.
the Attorney General shall determine the manufac-
The Secretary shall prescribe regulations under
turer's estimated disposal, inventory, and other re-
section 353(b) of this title which shall provide that
quirements for the calendar year; and, in making his
the label of a drug listed in schedule II, III, or IV
determination, the Attorney General shall consider
shall, when dispensed to or for a patient, contain a
the manufacturer's current rate of disposal, the
clear, concise warning that it is a crime to transfer
trend of the national disposal rate during the pre-
the drug to any person other than the patient.
ceding calendar year, the manufacturer's produc-
(d) Containers to be securely sealed.
tion cycle and inventory position, the economic avail-
It shall be unlawful to distribute controlled sub-
ability of raw materials, yield and stability problems,
stances in schedule I or II, and narcotic drugs in
emergencies such as strikes and fires, and other
schedule ПІ or IV, unless the bottle or other con-
factors.
tainer, stopper, covering, or wrapper thereof is se-
(d) Quotas for registrants who have not manufactured
curely sealed as required by regulations of the
controlled substance during one or more preceding
years.
Attorney General. (Pub. L. 91-513, title П, § 305,
The Attorney General shall, upon application and
Oct. 27, 1970, 84 Stat. 1256.)
subject to the provisions of subsections (a) and (b)
EFFECTIVE DATE
of this section, fix a quota for a basic class of con-
Section effective on the first day of the seventh calen-
trolled substance in schedule I or II for any regis-
dar month that begins after Oct. 26, 1970, but with the
trant who has not manufactured that basic class
Attorney General authorized to postpone such effective
date for such period as he might determine to be neces-
of controlled substance during one or more preced-
sary for the efficient administration of this subchapter,
ing calendar years. In fixing such quota, the Attor-
see section 704 of Pub. L. 91-513, set out as a note under
ney General shall take into account the registrant's
section 801 of this title.
reasonably anticipated requirements for the cur-
SECTION REFERRED TO IN OTHER SECTIONS
rent year; and, in making his determination of such
This section is referred to in sections 842, 958 of this
requirements, he shall consider such factors speci-
title.
fied in subsection (c) of this section as may be rele-
§ 826. Production quotas for controlled substances.
vant.
(a) Establishment of total annual needs.
(e) Quota increases.
The Attorney General shall determine the total
At any time during the year any registrant who
quantity and establish production quotas for each
has applied for or received a manufacturing quota
basic class of controlled substance in schedules I and
for a basic class of controlled substance in schedule
II to be manufactured each calendar year to provide
I or П may apply for an increase in that quota to
for the estimated medical, scientific, research, and
meet his estimated disposal, inventory, and other
industrial needs of the United States, for lawful ex-
requirements during the remainder of that year. In
port requirements, and for the establishment and
passing upon the application the Attorney General
maintenance of reserve stocks. Production quotas
shall take into consideration any occurrences since
shall be established in terms of quantities of each
the filing of the registrant's initial quota application
basic class of controlled substance and not in terms
that may require an increased manufacturing rate
of individual pharmaceutical dosage forms prepared
by the registrant during the balance of the year. In
from or containing such a controlled substance.
passing upon the application the Attorney General
(b) Individual production quotas; revised quotas.
may also take into account the amount, if any, by
The Attorney General shall limit or reduce indi-
which the determination of the Attorney General
vidual production quotas to the extent necessary to
under subsection (a) of this section exceeds the ag-
prevent the aggregate of individual quotas from ex-
gregate of the quotas of all registrants under this
ceeding the amount determined necessary each year
section.
by the Attorney General under subsection (a) of
(f) Incidental production exception.
this section. The quota of each registered manufac-
Notwithstanding any other provisions of this sub-
turer for each basic class of controlled substance in
chapter, no registration or quota may be required for
schedule I or II shall be revised in the same propor-
the manufacture of such quantities of controlled sub-
tion as the limitation or reduction of the aggregate
stances in schedules I and II as incidentally and
of the quotas. However, if any registrant, before the
necessarily result from the manufacturing process
issuance of a limitation or reduction in quota, has
used for the manufacture of a controlled substance
Reproduced at the Richard Nixon Presidential Library
§ 827
TTTLE 21.-FOOD AND DRUGS
Page 5524
with respect to which its manufacturer is duly regis-
(c) Nonapplicability.
tered under this subchapter. The Attorney General
The foregoing provisions of this section shall not
may, by regulation, prescribe restrictions on the re-
apply-
tention and disposal of such incidentally produced
(1) (A) with respect to narcotic controlled sub-
substances. (Pub. L. 91-513, title II, § 306, Oct. 27,
stances in schedule II, III, IV, or V, to the pre-
1970, 84 Stat. 1257.)
scribing or administering of such substances by a
EFFECTIVE DATE
practitioner in the lawful course of his professional
Section effective on the first day of the seventh calendar
practice; or
month that begins after Oct. 26, 1970, but with the At-
(B) with respect to nonnarcotic controlled sub-
torney General authorized to postpone such effective date
stances in schedule II, III, IV, or V, to any practi-
for such period as he might determine to be necessary
tioner who dispenses such substances to his
for the efficient administration of this subchapter, see sec-
tion 704 of Pub. L. 91-513, set out as a note under section
patients, unless the practitioner is regularly en-
801 of this title.
gaged in charging his patients, either separately
SECTION REFERRED TO IN OTHER SECTIONS
or together with charges for other professional
This section is referred to in sections 823, 824, 842 of
services, for substances so dispensed;
this title.
(2) (A) to the use of controlled substances, at
establishments registered under this subchapter
§ 827. Records and reports of registrants.
which keep records with respect to such sub-
(a) Inventory.
stances, in research conducted in conformity with
Except as provided in subsection (c) of this
an exemption granted under section 355(i) or
section-
360b(j) of this title;
(1) every registrant under this subchapter shall,
(B) to the use of controlled substances, at estab-
on the effective date of this section, or as soon
lishments registered under this subchapter which
thereafter as such registrant first engages in the
keep records with respect to such substances, in
manufacture, distribution, or dispensing of con-
preclinical research or in teaching; or
trolled substances, and every second year there-
(3) to the extent of any exemption granted to
after, make a complete and accurate record of all
any person, with respect to all or part of such
stocks thereof on hand, except that the regulations
provisions, by the Attorney General by or pursuant
prescribed under this section shall permit each
to regulation on the basis of a finding that the
such biennial inventory (following the initial in-
application of such provisions (or part thereof)
ventory required by this paragraph) to be prepared
to such person is not necessary for carrying out
on such registrant's regular general physical in-
the purposes of this subchapter.
ventory date (if any) which is nearest to and does
(d) Periodic reports to Attorney General.
not vary by more than six months from the bi-
Every manufacturer registered under section 823
ennial date that would otherwise apply;
of this title shall, at such time or times and in such
(2) on the effective date of each regulation of
form as the Attorney General may require, make
the Attorney General controlling a substance that
periodic reports to the Attorney General of every
immediately prior to such date was not a con-
sale, delivery or other disposal by him of any con-
trolled substance, each registrant under this sub-
trolled substance, and each distributor shall make
chapter manufacturing, distributing, or dispensing
such reports with respect to narcotic controlled sub-
such substance shall make a complete and accurate
stances, identifying by the registration number
record of all stocks thereof on hand; and
assigned under this subchapter the person or estab-
(3) on and after the effective date of this section,
lishment (unless exempt from registration under
every registrant under this subchapter manufac-
section 822(d) of this title) to whom such sale, deliv-
turing, distributing, or dispensing a controlled
ery, or other disposal was made.
substance or substances shall maintain, on a cur-
rent basis, a complete and accurate record of each
(e) Investigational uses of drugs; procedures.
such substance manufactured, received, sold, deliv-
Regulations under sections 355(i) and 360b(j) of
ered, or otherwise disposed of by him, except that
this title, relating to investigational use of drugs,
this paragraph shall not require the maintenance
shall include such procedures as the Secretary, after
of a perpetual inventory.
consultation with the Attorney General, determines
are necessary to insure the security and accountabil-
(b) Availability of records.
ity of controlled substances used in research to which
Every inventory or other record required under
such regulations apply. (Pub. L. 91-513, title II, § 307,
this section (1) shall be in accordance with, and
Oct. 27, 1970, 84 Stat. 1258.)
contain such relevant information as may be re-
quired by, regulations of the Attorney General, (2)
REFERENCES IN TEXT
shall (A) be maintained separately from all other
The effective date of this section, referred to in subsec.
(a), is the first day of the seventh calendar month that
records of the registrant, or (B) alternatively, in the
begins after Oct. 26, 1970.
case of nonnarcotic controlled substances, be in such
EFFECTIVE DATE
form that information required by the Attorney Gen-
Section effective on the first day of the seventh calendar
eral is readily retrievable from the ordinary business
month that begins after Oct. 26, 1970, see section 704 of
Pub. L. 91-513, set out as a note under section 801 of
records of the registrant, and (3) shall be kept and
this title.
be available, for at least two years, for inspection
SECTION REFERRED TO IN OTHER SECTIONS
and copying by officers or employees of the United
This section is referred to in sections 829, 902, 958 of
States authorized by the Attorney General.
this title.
Reproduced at the Richard Nixon Presidential Library
Page 5525
TITLE 21.FOOD AND DRUGS
§ 829
§ 828. Order forms.
taining controlled substances or (B) to furnish such
(a) Unlawful distribution of controlled substances.
form to any person with intent thereby to procure
It shall be unlawful for any person to distribute a
the distribution of such substances.
controlled substance in schedule I or II to another
(2) The Attorney General may charge reasonable
except in pursuance of a written order of the person
fees for the issuance of such forms in such amounts
to whom such substance is distributed, made on a
as he may prescribe for the purpose of covering the
form to be issued by the Attorney General in blank
cost to the United States of issuing such forms, and
in accordance with subsection (d) of this section
other necessary activities in connection therewith.
and regulations prescribed by him pursuant to this
(e) Unlawful acts.
section.
It shall be unlawful for any person to obtain by
(b) Nonapplicability of provisions.
means of order forms issued under this section con-
Nothing in subsection (a) of this section shall
trolled substances for any purpose other than their
use, distribution, dispensing, or administration in
apply to-
the conduct of a lawful business in such substances
(1) the exportation of such substances from the
or in the course of his professional practice or re-
United States in conformity with subchapter II
search. (Pub. L. 91-513, title II, § 308, Oct. 27, 1970,
of this chapter;
84 Stat. 1259.)
(2) the delivery of such a substance to or by a
EFFECTIVE DATE
common or contract carrier for carriage in the
Section effective on the first day of the seventh calen-
lawful and usual course of its business, or to or
dar month that begins after Oct. 26, 1970, see section 704
by a warehouseman for storage in the lawful and
of Pub. L. 91-513, set out as a note under section 801 of
usual course of its business; but where such car-
this title.
riage or storage is in connection with the distribu-
SECTION REFERRED TO IN OTHER SECTIONS
tion by the owner of the substance to a third
This section is referred to in section 843 of this title.
person, this paragraph shall not relieve the dis-
§ 829. Prescriptions.
tributor from compliance with subsection (a) of
(a) Schedule II substances.
this section.
Except when dispensed directly by a practitioner,
(c) Preservation and availability.
other than a pharmacist, to an ultimate user, no
(1) Every person who in pursuance of an order
controlled substance in schedule II, which is a pre-
required under subsection (a) of this section dis-
scription drug as determined under the Federal
tributes a controlled substance shall preserve such
Food, Drug, and Cosmetic Act, may be dispensed with-
order for a period of two years, and shall make such
out the written prescription of a practitioner, except
order available for inspection and copying by officers
that in emergency situations, as prescribed by the
and employees of the United States duly authorized
Secretary by regulation after consultation with the
for that purpose by the Attorney General, and by
Attorney General, such drug may be dispensed upon
officers or employees of States or their political sub-
oral prescription in accordance with section 353 (b)
divisions who are charged with the enforcement of
of this title. Prescriptions shall be retained in con-
State or local laws regulating the production, or
formity with the requirements of section 827 of this
regulating the distribution or dispensing, of con-
title. No prescription for a controlled substance in
trolled substances and who are authorized under
schedule II may be refilled.
such laws to inspect such orders.
(b) Schedule III and IV substances.
(2) Every person who gives an order required
Except when dispensed directly by a practitioner,
under subsection (a) of this section shall, at or
other than a pharmacist, to an ultimate user, no
before the time of giving such order, make or cause
controlled substance in schedule III or IV, which is
to be made a duplicate thereof on a form to be is-
a prescription drug as determined under the Federal
sued by the Attorney General in blank in accordance
Food, Drug, and Cosmetic Act, may be dispensed
with subsection (d) of this section and regulations
without a written or oral prescription in conformity
prescribed by him pursuant to this section, and shall,
with section 353(b) of this title. Such prescriptions
if such order is accepted, preserve such duplicate for
may not be filled or refilled more than six months
a period of two years and make it available for in-
after the date thereof or be refilled more than five
spection and copying by the officers and employees
times after the date of the prescription unless re-
mentioned in paragraph (1) of this subsection.
newed by the practitioner.
(d) Issuance.
(c) Schedule V substances.
(1) The Attorney General shall issue forms pursu-
No controlled substance in schedule V which is
ant to subsections (a) and (c) (2) of this section
a drug may be distributed or dispensed other than
only to persons validly registered under section 823
for a medical purpose.
of this title (or exempted from registration under
section 822(d) of this title) Whenever any such form
(d) Non-prescription drugs with abuse potential.
is issued to a person, the Attorney General shall,
Whenever it appears to the Attorney General that
before delivery thereof, insert therein the name of
a drug not considered to be a prescription drug under
such person, and it shall be unlawful for any other
the Federal Food, Drug. and Cosmetic Act should
person (A) to use such form for the purpose of ob-
be so considered because of its abuse potential, he
Reproduced at the Richard Nixon Presidential Library
§ 841
TITLE 21.-FOOD AND DRUGS
Page 5526
shall so advise the Secretary and furnish to him
drugs, marihuana, or depressant or stimulant sub-
all available data relevant thereto. (Pub. L. 91-513,
stances, have become final, such person shall be
title II, § 309, Oct. 27, 1970, 84 Stat. 1260.)
sentenced to a term of imprisonment of not more
REFERENCES IN TEXT
than 10 years, a fine of not more than $30,000, or
The Federal Food, Drug, and Cosmetic Act, referred to
both. Any sentence imposing a term of imprisonment
in text, is Act June 25, 1938, c. 675, 52 Stat. 1040, which
under this paragraph shall, in the absence of such
is classified to section 301 et seq. of this title.
a prior conviction, impose a special parole term of at
EFFECTIVE DATE
least 2 years in addition to such term of imprison-
Section effective on the first day of the seventh calendar
ment and shall, if there was such a prior conviction,
month that begins after Oct. 26, 1970, see section 704 of
impose a special parole term of at least 4 years in ad-
Pub. L. 91-513, set out as a note under section 801
dition to such term of imprisonment.
of this title.
(2) In the case of a controlled substance in sched-
SECTION REFERRED TO IN OTHER SECTIONS
ule IV, such person shall be sentenced to a term
This section is referred to in sections 842, 902 of this
of imprisonment of not more than 3 years, a fine of
title.
PART D.-OFFENSES AND PENALTIES
not more than $10,000, or both. If any person com-
mits such a violation after one or more prior convic-
§ 841. Prohibited acts A.
tions of him for an offense punishable under this
(a) Unlawful acts.
paragraph, or for a felony under any other pro-
Except as authorized by this subchapter, it shall
vision of this subchapter or subchapter II of this
be unlawful for any person knowingly or inten-
chapter or other law of the United States relating
tionally-
to narcotic drugs, marihuana, or depressant or stim-
(1) to manufacture, distribute, or dispense, or
ulant substances, have become final, such person
possess with intent to manufacture, distribute, or
shall be sentenced to a term of imprisonment of not
dispense, a controlled substance; or
more than 6 years, a fine of not more than $20,000,
(2) to create, distribute, or dispense, or pos-
or both. Any sentence imposing a term of imprison-
sess with intent to distribute or dispense, a coun-
ment under this paragraph shall, in the absence
terfeit substance.
of such a prior conviction, impose a special parole
term of at least one year in addition to such term
(b) Penalties.
of imprisonment and shall, if there was such a prior
Except as otherwise provided in section 845 of
conviction, impose a special parole term of at least
this title, any person who violates subsection (a)
2 years in addition to such term of imprisonment.
of this section shall be sentenced as follows:
(3) In the case of a controlled substance in sched-
(1) (A) In the case of a controlled substance in
ule V, such person shall be sentenced to a term of
schedule I or II which is a narcotic drug, such person
imprisonment of not more than one year, a fine of
shall be sentenced to a term of imprisonment of not
not more than $5,000, or both. If any person com-
more than 15 years, a fine of not more than $25,000,
mits such a violation after one or more convictions
or both. If any person commits such a violation
of him for an offense punishable under this para-
after one or more prior convictions of him for an
graph, or for a crime under any other provision of
offense punishable under this paragraph, or for a
this subchapter or subchapter II of this chapter or
felony under any other provision of this subchapter
other law of the United States relating to narcotic
or subchapter II of this chapter or other law of the
drugs, marihuana, or depressant or stimulant sub-
United States relating to narcotic drugs, marihuana,
stances, have become final, such person shall be
or depressant or stimulant substances, have become
sentenced to a term of imprisonment of not more
final, such person shall be sentenced to a term of
than 2 years, a fine of not more than $10,000, or both.
imprisonment of not more than 30 years, a fine of
(4) Notwithstanding paragraph (1) (B) of this
not more than $50,000, or both. Any sentence im-
subsection, any person who violates subsection (a)
posing a term of imprisonment under this paragraph
of this section by distributing a small amount of
shall, in the absence of such a prior conviction, im-
marihuana for no remuneration shall be treated as
pose a special parole term of at least 3 years in ad-
dition to such term of imprisonment and shall, if
provided in subsections (a) and (b) of section 844
of this title.
there was such a prior conviction, impose a specal
parole term of at least 6 years in addition to such
(c) Special parole term.
term of imprisonment.
A special parole term imposed under this section
(B) In the case of a controlled substance in
or section 845 of this title may be revoked if its terms
schedule I or II which is not a narcotic drug or in
and conditions are violated. In such circumstances
the case of any controlled substance in schedule III,
the original term of imprisonment shall be increased
such person shall be sentenced to a term of im-
by the period of the special parole term and the
prisonment of not more than 5 years, a fine of not
resulting new term of imprisonment shall not be
more than $15,000, or both. If any person commits
diminished by the time which was spent on special
such a violation after one or more prior convictions
parole. A person whose special parole term has been
of him for an offense punishable under this para-
revoked may be required to serve all or part of the
graph, or for a felony under any other provision of
remainder of the new term of imprisonment. A
this subchapter or subchapter II of this chapter or
special parole term provided for in this section or
other law of the United States relating to narcotic
section 845 of this title shall be in addition to, and
Reproduced at the Richard Nixon Presidential Library
Page 5527
TITLE 21.-FOOD AND DRUGS
§ 843
not in lieu of, any other parole provided for by law.
tion and laws of the United States) shall have juris-
(Pub. L. 91-513, title II, § 401, Oct. 27, 1970, 84 Stat.
diction in accordance with section 1355 of Title 28
1260.)
to enforce this paragraph.
EFFECTIVE DATE
(2) (A) If a violation of this section is prosecuted
Section effective on the first day of the seventh calendar
by an information or indictment which alleges that
month that begins after Oct. 26, 1970, see section 704 of
the violation was committed knowingly and the
Pub. L. 91-513, set out as a note under section 801 of this
title.
trier of fact specifically finds that the violation
SECTION REFERRED TO IN OTHER SECTIONS
was so committed, such person shall, except as
This section is referred to in section 845 of this title.
otherwise provided in subparagraph (B) of this par-
agraph, be sentenced to imprisonment of not more
§ 842. Prohibited acts B.
than one year or a fine of not more than $25,000,
(a) Unlawful acts.
or both.
It shall be unlawful for any person-
(B) If a violation referred to in subparagraph
(1) who is subject to the requirements of part
(A) was committed after one or more prior convic-
C to distribute or dispense a controlled substance
tions of the offender for an offense punishable under
in violation of section 829 of this title;
this paragraph (2), or for a crime under any other
(2) who is a registrant to distribute or dispense
provision of this subchapter or subchapter II of this
a controlled substance not authorzed by his regis-
chapter or other law of the United States relating
tration to another registrant or other authorized
to narcotic drugs, marihuana, or depressant or stimu-
person or to manufacture a controlled substance
lant substances, have become final, such person
not authorized by his registration;
shall be sentenced to a term of imprisonment of not
(3) who is a registrant to distribute a controlled
more than 2 years, a fine of $50,000, or both.
substance in violation of section 825 of this title;
(3) Except under the conditions specified in para-
(4) to remove, alter, or obliterate a symbol or
graph (2) of this subsection, a violation of this sec-
label required by section 825 of this title;
tion does not constitute a crime, and a judgment
(5) to refuse or fail to make, keep, or furnish
for the United States and imposition of a civil pen-
any record, report, notification, declaration, or-
alty pursuant to paragraph (1) shall not give rise
der or order form, statement, invoice, or informa-
to any disability or legal disadvantage based on con-
tion required under this subchapter or subchapter
viction for a criminal offense. (Pub. L. 91-513, title
II of this chapter;
II, § 402, Oct. 27, 1970, 84 Stat. 1262.)
(6) to refuse any entry into any premises or
EFFECTIVE DATE
inspection authorized by this subchapter or sub-
chapter II of this chapter;
Section effective on the first day of the seventh calendar
month that begins after Oct. 26, 1970, see section 704
(7) to remove, break, injure, or deface a seal
of Pub. L. 91-513, set out as a note under section 801
placed upon controlled substances pursuant to sec-
of this title.
tion 824(f) or 881 of this title or to remove or
SECTION REFERRED TO IN OTHER SECTIONS
dispose of substances so placed under seal; or
This section is referred to in section 961 of this title.
(8) to use, to his own advantage, or to reveal,
other than to duly authorized officers or employees
§ 843. Prohibited acts C.
of the United States, or to the courts when relevant
(a) Unlawful acts.
in any judicial proceeding under this subchapter
It shall be unlawful for any person knowingly or
or subchapter II of this chapter, any information
intentionally-
acquired in the course of an inspection authorized
(1) who is a registrant to distribute a controlled
by this subchapter concerning any method or
substance classified in schedule I or II, in the course
process which as a trade secret is entitled to
of his legitimate business, except pursuant to an
protection.
order or an order form as required by section 828
of this title;
(b) Manufacture.
(2) to use in the course of the manufacture or
It shall be unlawful for any person who is a regis-
distribution of a controlled substance a registra-
tran to manufacture a controlled substance in
tion number which is fictitious, revoked, sus-
schedule I or II which is--
pended, or issued to another person;
(1) not expressly authorized by his registration
(3) to acquire or obtain possession of a con-
and by a quota assigned to him pursuant to sec-
trolled substance by misrepresentation, fraud,
tion 826 of this title; or
forgery, deception, or subterfuge;
(2) in excess of a quota assigned to him pur-
(4) to furnish false or fraudulent material in-
suant to section 826 of this title.
formation in, or omit any material information
(c) Penalties.
from, any application, report, record, or other
document required to be made, kept, or filed under
(1) Except as provided in paragraph (2), any per-
this subchapter or subchapter II of this chap-
son who violates this section shall, with respect to
ter; or
any such violation, be subject to a civil penalty of
(5) to make, distribute, or possess any punch,
not more than $25,000. The district courts of the
die, plate, stone, or other thing designed to print,
United States (or, where there is no such court in
imprint, or reproduce the trademark, trade name,
the case of any territory or possession of the United
or other identifying mark, imprint, or device of
States, then the court in such territory or possession
another or any likeness of any of the foregoing
having the jurisdiction of a district court of the
upon any drug or container or labeling thereof so
United States in cases arising under the Constitu-
as to render such drug a counterfeit substance.
Reproduced at the Richard Nixon Presidential Library
§ 844
TITLE 21.-FOOD AND DRUGS
Page 5528
(b) Communication facility.
an adjudication of guilt and proceed as otherwise
It shall be unlawful for any person knowingly or
provided. The court may, in its discretion, dismiss
intentionally to use any communication facility in
the proceedings against such person and discharge
committing or in causing or facilitating the com-
him from probation before the expiration of the
mission of any act or acts constituting a felony
maximum period prescribed for such person's proba-
under any provision of this subchapter or subchapter
tion. If during the period of his probation such per-
II of this chapter. Each separate use of a communi-
son does not violate any of the conditions of the pro-
cation facility shall be a separate offense under this
bation, then upon expiration of such period the
subsection. For purposes of this subsection, the term
court shall discharge such person and dismiss the
"communication facility" means any and all public
proceedings against him. Discharge and dismissal
and private instrumentalities used or useful in the
under this subsection shall be without court adjudi-
transmission of writing, signs, signals, pictures, or
cation of guilt, but a nonpublic record thereof shall
sounds of all kinds and includes mail, telephone,
be retained by the Department of Justice solely for
wire, radio, and all other means of communication.
the purpose of use by the courts in determining
whether or not, in subsequent proceedings, such per-
(c) Penalties.
son qualifies under this subsection. Such discharge
Any person who violates this section shall be sen-
or dismissal shall not be deemed a conviction for
tenced to a term of imprisonment of not more than 4
purposes of disqualifications or disabilities imposed
years, a fine of not more than $30,000, or both; ex-
by law upon conviction of a crime (including the
cept that if any person commits such a violation
penalties prescribed under this part for second or
after one or more prior convictions of him for vio-
subsequent convictions) or for any other purpose.
lation of this section, or for a felony under any other
Discharge and dismissal under this section may oc-
provision of this subchapter or subchapter П of this
cur only once with respect to any person.
chapter or other law of the United States relating
(2) Upon the dismissal of such person and dis-
to narcotic drugs, marihuana, or depressant or stim-
charge of the proceedings against him under para-
ulant substances, have become final, such person
graph (1) of this subsection, such person, if he was
shall be sentenced to a term of imprisonment of not
not over twenty-one years of age at the time of the
more than 8 years, a fine of not more than $60,000,
offense, may apply to the court for an order to ex-
or both. (Pub. L. 91-513, title II, § 403, Oct. 27, 1970,
punge from all official records (other than the non-
84 Stat. 1263.)
public records to be retained by the Department of
EFFECTIVE DATE
Justice under paragraph (1)) all recordation relat-
Section effective on the first day of the seventh calendar
month that begins after Oct. 26, 1970, see section 704 of
ing to his arrest, indictment or information, trial,
Pub. L. 91-513, set out as a note under section 801 of this
finding of guilty, and dismissal and discharge pur-
title.
suant to this section. If the court determines, after
§ 844. Penalty for simple possession; conditional dis-
hearing, that such person was dismissed and the
charge and expunging of records for first offense.
proceedings against him discharged and that he was
(a) It shall be unlawful for any person knowingly
not over twenty-one years of age at the time of the
or intentionally to possess a controlled substance
offense, it shall enter such order. The effect of such
unless such substance was obtained directly, or pur-
order shall be to restore such person, in the contem-
suant to a valid prescription or order, from a prac-
plation of the law, to the status he occupied before
titioner, while acting in the course of his professional
such arrest or indictment or information. No person
practice, or except as otherwise authorized by this
as to whom such order has been entered shall be held
subchapter or subchapter II of this chapter. Any per-
son who violates this subsection shall be sentenced to
thereafter under any provision of any law to be
a term of imprisonment of not more than one year,
guilty of perjury or otherwise giving a false state-
a fine of not more than $5,000, or both, except that if
ment by reason of his failures to recite or acknowl-
he commits such offense after a prior conviction or
edge such arrest, or indictment or information, or
convictions under this subsection have become final,
trial in response to any inquiry made of him for any
he shall be sentenced to a term of imprisonment of
purpose. (Pub. L. 91-513, title II, § 404, Oct. 27, 1970,
not more than 2 years, a fine of not more than $10,-
84 Stat. 1264.)
000 or both.
EFFECTIVE DATE
(b) (1) If any person who has not previously been
Section effective on the first day of the seventh calendar
convicted of violating subsection (a) of this section,
month that begins after Oct. 26, 1970, see section 704 of
Pub. L. 91-513, set out as a note under section 801 of this
any other provision of this subchapter or subchapter
title.
II of this chapter, or any other law of the United
SECTION REFERRED TO IN OTHER SECTIONS
States relating to narcotic drugs, marihuana, or de-
This section is referred to in sections 841, 885 of this
title.
pressant or stimulant substances, is found guilty of
a violation of subsection (a) of this section after
§ 845. Distribution to persons under age twenty-one.
trial or upon a plea of guilty, the court may, without
(a) Any person at least eighteen years of age
entering a judgment of guilty and with the consent
who violates section 841 (a) (1) of this title by dis-
of such person, defer further proceedings and place
tributing a controlled substance to a person under
him on probation upon such reasonable conditions
twenty-one years of age is (except as provided in sub-
as it may require and for such period, not to exceed
section (b) of this section) punishable by (1) a term
one year, as the court may prescribe. Upon violation
of imprisonment, or a fine, or both, up to twice that
of a condition of the probation, the court may enter
authorized by section 841 (b) of this title, and (2) at
Reproduced at the Richard Nixon Presidential Library
Page 5529
TITLE 21.-FOOD AND DRUGS
§ 849
least twice any special parole term authorized by
(2) Any person who is convicted under paragraph
section 841 (b) of this title, for a first offense in-
(1) of engaging in a continuing criminal enterprise
volving the same controlled substance and schedule.
shall forfeit to the United States—
(b) Any person at least eighteen years of age who
(A) the profits obtained by him in such enter-
violates section 841 (1) of this title by distribut-
prise, and
ing a controlled substance to a person under twenty-
(B) any of his interest in, claim against, or
one years of age after a prior conviction or convic-
property or contractual rights of any kind afford-
tions under subsection (a) of this section (or under
ing a source of influence over, such enterprise.
section 333(b) of this title as in effect prior to the
(b) Continuing criminal enterprise defined.
May 1, 1971) have become final, is punishable by (1)
For purposes of subsection (a) of this section, a
a term of imprisonment, or a fine, or both, up to
person is engaged in a continuing criminal enterprise
three times that authorized by section 841 (b) of this
if-
title, and (2) at least three times any special parole
(1) he violates any provision of this subchapter
term authorized by section 841(b) of this title, for
or subchapter II of this chapter the punishment
a second or subsequent offense involving the same
for which is a felony, and
controlled substance and schedule. (Pub. L. 91-513,
(2) such violation is a part of a continuing
title II, § 405, Oct. 27, 1970, 84 Stat. 1265.)
series of violations of this subchapter or subchap-
ter II of this chapter-
EFFECTIVE DATE
(A) which are undertaken by such person
Section effective on the first day of the seventh calendar
in concert with five or more other persons
month that begins after Oct. 26, 1970, see section 704 of
Pub. L. 91-513, set out as a note under section 801 of this
with respect to whom such person occupies a
title.
position of organizer, a supervisory position,
SECTION REFERRED TO IN OTHER SECTIONS
or any other position of management, and
This section is referred to in section 841 of this title.
(B) from which such person obtains sub-
stantial income or resources.
§ 846. Attempt and conspiracy.
Any person who attempts or conspires to commit
(c) Suspension of sentence and probation prohibited.
any offense defined in this subchapter is punishable
In the case of any sentence imposed under this
section, imposition or execution of such sentence
by imprisonment or fine or both which may not ex-
shall not be suspended, probation shall not be
ceed the maximum punishment prescribed for the
granted, and section 4202 of Title 18 and the Act of
offense, the commission of which was the object of
July 15, 1932 (D.C. Code, secs. 24-203-24-207), shall
the attempt or conspiracy. (Pub. L. 91-513, title II,
not apply.
§ 406, Oct. 27, 1970, 84 Stat. 1265.)
(d) Jurisdiction of courts.
EFFECTIVE DATE
The district courts of the United States (including
Section effective on the first day of the seventh calendar
courts in the territories or possessions of the United
month that begins after Oct. 26, 1970, see section 704 of
States having jurisdiction under subsection (a) of
Pub. L. 91-513, set out as a note under section 801 of this
title.
this section) shall have jurisdiction to enter such
restraining orders or prohibitions, or to take such
§ 847. Additional penalties.
other actions, including the acceptance of satisfac-
Any penalty imposed for violation of this sub-
tory performance bonds, in connection with any
chapter shall be in addition to, and not in lieu of,
property or other interest subject to forfeiture under
any civil or administrative penalty or sanction au-
this section, as they shall deem proper. (Pub. L. 91-
thorized by law. (Pub. L. 91-513, title II, § 407,
513, title II, § 408, Oct. 27, 1970, 84 Stat. 1265.)
Oct. 27, 1970, 84 Stat. 1265.)
EFFECTIVE DATE
EFFECTIVE DATE
Section effective on the first day of the seventh calendar
month that begins after Oct. 26, 1970, see section 704 of
Section effective on the first day of the seventh calendar
Pub. L. 91-513, set out as a note under section 801 of
month that begins after Oct. 26, 1970, see section 704 of
this title.
Pub. L. 91-513, set out as a note under section 801 of this
title.
§ 849. Dangerous special drug offender sentencing.
§ 848. Continuing criminal enterprise.
(a) Notice to court by United States Attorney.
(a) Penalties; forfeitures.
Whenever a United States attorney charged with
the prosecution of a defendant in a court of the
(1) Any person who engages in a continuing
United States for an alleged felonious violation of
criminal enterprise shall be sentenced to a term of
any provision of this subchapter or subchapter II of
imprisonment which may not be less than 10 years
this chapter committed when the defendant was
and which may be up to life imprisonment, to a fine
over the age of twenty-one years has reasons to
of not more than $100,000, and to the forfeiture pre-
believe that the defendant is a dangerous special
scribed in paragraph (2); except that if any person
drug offender such United States attorney, a reason-
engages in such activity after one or more prior
able time before trial or acceptance by the court of
convictions of him under this section have become
a plea of guilty or nolo contendere, may sign and
final, he shall be sentenced to a term of imprison-
file with the court, and may amend, a notice (1)
ment which may not be less than 20 years and which
specifying that the defendant is a dangerous special
may be up to life imprisonment, to a fine of not more
drug offender who upon conviction of such felonious
than $200,000, and to the forfeiture prescribed in
violation is subject to the imposition of a sentence
paragraph (2).
under subsection (b) of this section, and (2) setting
Reproduced at the Richard Nixon Presidential Library
§ 849
TITLE 21.-FOOD AND DRUGS
Page 5530
out with particularity the reasons why such attorney
(c) Sentences for life or for a term exceeding twenty-
believes the defendant to be a dangerous special
five years.
drug offender. In no case shall the fact that the de-
This section shall not prevent the imposition and
fendant is alleged to be a dangerous special drug
execution of a sentence of imprisonment for life or
offender be an issue upon the trial of such felonious
for a term exceeding twenty-five years upon any per-
violation, be disclosed to the jury, or be disclosed
son convicted of an offense so punishable.
before any plea of guilty or nolo contendere or
(d) Mandatory minimum penalties.
verdict or finding of guilty to the presiding judge
Notwithstanding any other provision of this sec-
without the consent of the parties. If the court finds
tion, the court shall not sentence a dangerous special
that the filing of the notice as a public record may
drug offender to less than any mandatory minimum
prejudice fair consideration of a pending criminal
penalty prescribed by law for such felonious viola-
matter, it may order the notice sealed and the notice
tion. This section shall not be construed as creating
shall not be subject to subpena or public inspection
any mandatory minimum penalty.
during the pendency of such criminal matter, except
on order of the court, but shall be subject to inspec-
(e) Special drug offender defined.
tion by the defendant alleged to be a dangerous spe-
A defendant is a special drug offender for pur-
cial drug offender and his counsel.
poses of this section if-
(1) the defendant has previously been convicted
(b) Hearing; inspection of presentence report; coun-
in courts of the United States or a State or any
sel; process; examination of witnesses; penalty;
political subdivision thereof for two or more
sentence.
offenses involving dealing in controlled substances,
Upon any plea of guilty or nolo contendere or
committed on occasions different from one another
verdict or finding of guilty of the defendant of such
and different from such felonious violation, and
felonious violation, a hearing shall be held, before
punishable in such courts by death or imprison-
sentence is imposed, by the court sitting without a
ment in excess of one year, for one or more of such
jury. The court shall fix a time for the hearing, and
convictions the defendant has been imprisoned
notice thereof shall be given to the defendant and
prior to the commission of such felonious violation,
the United States at least ten days prior thereto. The
and less than five years have elapsed between the
court shall permit the United States and counsel for
commission of such felonious violation and either
the defendant, or the defendant if he is not repre-
the defendant's release, or parole or otherwise,
sented by counsel, to inspect the presentence report
from imprisonment for one such conviction or his
sufficiently prior to the hearing as to afford a reason-
commission of the last such previous offense or
able opportunity for verification. In extraordinary
another offense involving dealing in controlled
cases, the court may withhold material not relevant
substances and punishable by death or imprison-
to a proper sentence, diagnostic opinion which might
ment in excess of one year under applicable laws
seriously disrupt a program of rehabilitation, any
of the United States or a State or any political
source of information obtained on a promise of con-
subdivision thereof; or
fidentiality, and material previously disclosed in open
(2) the defendant committed such felonious
court. A court withholding all or part of a presen-
violation as part of a pattern of dealing in con-
tence report shall inform the parties of its action and
trolled substances which was criminal under appli-
place in the record the reasons therefor. The court
cable laws of any jurisdiction, which constituted
may require parties inspecting all or part of a pre-
a substantial source of his income, and in which
sentence report to give notice of any part thereof
he manifested special skill or expertise; or
intended to be controverted. In connection with the
(3) such felonious violation was, or the defend-
hearing, the defendant and the United States shall
ant committed such felonious violation in further-
be entitled to assistance of counsel, compulsory proc-
ance of, a conspiracy with three or more other
ess, and cross-examination of such witnesses as
persons to engage in a pattern of dealing in con-
appear at the hearing. A duly authenticated copy of
trolled substances which was criminal under ap-
a former judgment or commitment shall be prima
plicable laws of any jurisdiction, and the
facie evidence of such former judgment or commit-
defendant did, or agreed that he would, initiate,
ment. If it appears by a preponderance of the in-
organize, plan, finance, direct, manage, or super-
formation, including information submitted during
vise all or part of such conspiracy or dealing, or
the trial of such felonious violation and the sentenc-
give or receive a bribe or use force in connection
with such dealing.
ing hearing and so much of the presentence report
A conviction shown on direct or collateral review or
as the court relies upon, that the defendant is a
at the hearing to be invalid or for which the defend-
dangerous special drug offender, the court shall
ant has been pardoned on the ground of innocence
sentence the defendant to imprisonment for an ap-
shall be disregarded for purposes of paragraph (1)
propriate term not to exceed twenty-five years and
of this subsection. In support of findings under
not disproportionate in severity to the maximum
paragraph (2) of this subsection, it may be shown
term otherwise authorized by law for such felonious
that the defendant has had in his own name or under
violation. Otherwise it shall sentence the defendant
his control income or property not explained as
in accordance with the law prescribing penalties for
derived from a source other than such dealing. For
such felonious violation. The court shall place in
purposes of paragraph (2) of this subsection, a sub-
the record its findings, including an identification of
stantial source of income means a source of income
the information relied upon in making such findings,
which for any period of one year or more exceeds
and its reasons for the sentence imposed.
the minimum wage, determined on the basis of a
Reproduced at the Richard Nixon Presidential Library
Page 5531
TITLE 21.FOOD AND DRUGS
§ 851
forty-hour week and fifty-week year, without refer-
hearing, and the findings and reasons of the sen-
ence to exceptions, under section 206(a) (1) of Title
tencing court, affirm the sentence, impose or direct
29 for an employee engaged in commerce or in the
the imposition of any sentence which the sentencing
production of goods for commerce, and which for
court could originally have imposed, or remand for
the same period exceeds fifty percent of the defend-
further sentencing proceedings and imposition of
ant's declared adjusted gross income under section
sentence, except that a sentence may be made more
62 of Title 26. For purposes of paragraph (2) of this
severe only on review of the sentence taken by the
subsection, special skill or expertise in such dealing
United States and after hearing. Failure of the
includes unusual knowledge, judgment or ability,
United States to take a review of the imposition of
including manual dexterity, facilitating the initia-
the sentence shall, upon review taken by the United
tion, organizing, planning, financing, direction, man-
States of the correction or reduction of the sen-
agement, supervision, execution or concealment of
tence, foreclose imposition of a sentence more se-
such dealing, the enlistment of accomplices in such
vere than that previously imposed. Any withdrawal
dealing, the escape from detection or apprehension
or dismissal of review of the sentence taken by the
for such dealing, or the disposition of the fruits or
United States shall foreclose imposition of a sentence
proceeds of such dealing. For purposes of paragraphs
more severe than that reviewed but shall not other-
(2) and (3) of this subsection, such dealing forms
wise foreclose the review of the sentence or the ap-
a pattern if it embraces criminal acts that have the
peal of the conviction. The court of appeals shall
same or similar purposes, results, participants, vic-
state in writing the reasons for its disposition of
tims, or methods of commission, or otherwise are
the review of the sentence. Any review of the sen-
interrelated by distinguishing characteristics and are
tence taken by the United States may be dismissed
not isolated events.
on a showing of the abuse of the right of the United
(f) Dangerous defendants.
States to take such review. (Pub. L. 91-513, title II,
A defendant is dangerous for purposes of this sec-
§ 409, Oct. 27, 1970, 84 Stat. 1266.)
tion if a period of confinement longer than that pro-
EFFECTIVE DATE
vided for such felonious violation is required for the
Section effective on the first day of the seventh calen-
protection of the public from further criminal con-
dar month that begins after Oct. 26, 1970, see section
704 of Pub. L. 91-513, set out as a note under section 801
duct by the defendant.
of this title.
(g) Appeal.
§ 850. Information for sentencing.
The time for taking an appeal from a conviction
for which sentence is imposed after proceedings un-
Except as otherwise provided in this subchapter or
der this section shall be measured from imposition
section 242a(a) of Title 42, no limitation shall be
of the original sentence.
placed on the information concerning the back-
ground, character, and conduct of a person convicted
(h) Review of sentence.
of an offense which a court of the United States may
With respect to the imposition, correction, or re-
receive and consider for the purpose of imposing an
duction of a sentence after proceedings under this
appropriate sentence under this subchapter or sub-
section, a review of the sentence on the record of the
chapter П of this chapter. (Pub. L. 91-513, title II,
sentencing court may be taken by the defendant or
§ 410, Oct. 27, 1970, 84 Stat. 1269.)
the United States to a court of appeals. Any review
EFFECTIVE DATE
of the sentence taken by the United States shall be
taken at least five days before expiration of the
Section effective on the first day of the seventh calendar
month that begins after Oct. 26, 1970, see section 704 of
time for taking a review of the sentence or appeal of
Pub. L. 91-513, set out as a note under section 801 of
the conviction by the defendant and shall be dili-
this title.
gently prosecuted. The sentencing court may, with
§ 851. Proceedings to establish prior convictions.
or without motion and notice, extend the time for
taking a review of the sentence for a period not to
(a) Information filed by United States Attorney.
exceed thirty days from the expiration of the time
(1) No person who stands convicted of an offense
otherwise prescribed by law. The court shall not
under this part shall be sentenced to increased
extend the time for taking a review of the sentence
punishment by reason of one or more prior convic-
by the United States after the time has expired. A
tions, unless before trial, or before entry of a plea
court extending the time for taking a review of the
of guilty, the United States attorney files an in-
sentence by the United States shall extend the time
formation with the court (and serves a copy of
for taking a review of the sentence or appeal of the
such information on the person or counsel for the
conviction by the defendant for the same period.
person) stating in writing the previous convictions
The taking of a review of the sentence by the United
to be relied upon. Upon a showing by the United
States shall be deemed the taking of a review of
States attorney that facts regarding prior convic-
the sentence and an appeal of the conviction by the
tions could not with due diligence be obtained prior
defendant. Review of the sentence shall include re-
to trial or before entry of a plea of guilty, the court
may postpone the trial or the taking of the plea
view of whether the procedure employed was law-
of guilty for a reasonable period for the purpose of
ful, the findings made were clearly erroneous, or
obtaining such facts. Clerical mistakes in the in-
the sentencing court's discretion was abused. The
formation may be amended at any time prior to the
court of appeals on review of the sentence may, after
pronouncement of sentence.
considering the record, including the entire pre-
(2) An information may not be filed under this
sentence report, information-submitted during the
section if the increased punishment which may be
trial of such felonious violation and the sentencing
imposed is imprisonment for a term in excess of
Reproduced at the Richard Nixon Presidential Library
§ 871
TITLE 21.FOOD AND DRUGS
Page 5532
three years unless the person either waived or was
The person may appeal from an order postponing
afforded prosecution by indictment for the offense
sentence as if sentence had been pronounced and
for which such increased punishment may be
a final judgment of conviction entered.
imposed.
(e) Statute of limitations.
(b) Affirmation or denial of previous conviction.
No person who stands convicted of an offense
If the United States attorney files an information
under this part may challenge the validity of any
under this section, the court shall after conviction
prior conviction alleged under this section which
but before pronouncement of sentence inquire of
ocurred more than five years before the date of the
the person with respect to whom the information
information alleging such prior conviction. (Pub. L.
was filed whether he affirms or denies that he has
91-513, title II, § 411, Oct. 27, 1970, 84 Stat. 1269.)
been previously convicted as alleged in the infor-
EFFECTIVE DATE
mation, and shall inform him that any challenge
Section effective on the first day of the seventh calendar
to a prior conviction which is not made before
month that begins after Oct. 26, 1970, see section 704
sentence is imposed may not thereafter be raised
of Pub. L. 91-513, set out as a note under section 801 of
this title.
to attack the sentence.
SECTION REFERRED TO IN OTHER SECTIONS
(c) Denial; written response; hearing.
This section is referred to in section 962 of this title.
(1) If the person denies any allegation of the
information of prior conviction, or claims that any
PART E-ADMINISTRATIVE AND ENFORCEMENT
conviction alleged is invalid, he shall file a written
PROVISIONS
response to the information. A copy of the response
PART REFERRED TO IN OTHER SECTIONS
shall be served upon the United States attorney.
This part is referred to in section 965 of this title.
The court shall hold a hearing to determine any
issues raised by the response which would except
§ 871. Attorney General.
the person from increased punishment. The failure
(a) Delegation of functions.
of the United States attorney to include in the in-
The Attorney General may delegate any of his
formation the complete criminal record of the per-
functions under this subchapter to any officer or
son or any facts in addition to the convictions to be
employee of the Department of Justice.
relied upon shall not constitute grounds for invali-
(b) Rules and regulations.
dating the notice given in the information required
The Attorney General may promulgate and en-
by subsection (a) (1) of this section. The hearing
force any rules, regulations, and procedures which
shall be before the court without a jury and either
he may deem necessary and appropriate for the
party may introduce evidence. Except as otherwise
efficient execution of his functions under this
provided in paragraph (2) of this subsection, the
subchapter.
United States attorney shall have the burden of
proof beyond a reasonable doubt on any issue of
(c) Acceptance of devises, bequests, gifts, and
donations.
fact. At the request of either party, the court shall
enter findings of fact and conclusions of law.
The Attorney General may accept in the name
(2) A person claiming that a conviction alleged
of the Department of Justice any form of device,
in the information was obtained in violation of the
bequest, gift, or donation where the donor intends
Constitution of the United States shall set forth
to donate property for the purpose of preventing or
his claim, and the factual basis therefor, with par-
controlling the abuse of controlled substances. He
ticularity in his response to the information. The
may take all appropriate steps to secure possession
person shall have the burden of proof by a pre-
of such property and may sell, assign, transfer, or
ponderance of the evidence on any issue of fact
convey any such property other than moneys.
raised by the response. Any challenge to a prior
(Pub. L. 91-513, title II, § 501, Oct. 27, 1970, 84
Stat. 1270.)
conviction, not raised by response to the information
EFFECTIVE DATE
before an increased sentence is imposed in reliance
Section effective Oct. 27, 1970, see section 704 of Pub. L.
thereon, shall be waived unless good cause be shown
91-513, set out as a note under section 801 of this title.
for failure to make a timely challenge.
§ 872. Education and research programs of the Attor-
(d) Imposition of sentence.
ney General.
(1) If the person files no response to the infor-
(a) Authorization.
mation, or if the court determines, after hearing,
The Attorney General is authorized to carry out
that the person is subject to increased punishment
educational and research programs directly related
by reason of prior convictions, the court shall pro-
to enforcement of the laws under his jurisdiction
ceed to impose sentence upon him as provided by
concerning drugs or other substances which are or
this part.
may be subject to control under this title. Such
(2) If the court determines that the person has
programs may include--
not been convicted as alleged in the information,
(1) educational and training programs on drug
that a conviction alleged in the information is in-
abuse and controlled substances law enforcement
valid, or that the person is otherwise not subject
for local, State, and Federal personnel;
to an increased sentence as a matter of law, the
(2) studies or special projects designed to com-
court shall, at the request of the United States at-
pare the deterrent effects of various enforcement
torney, postpone sentence to allow an appeal from
strategies on drug use and abuse;
that determination. If no such request is made, the
(3) studies or special projects designed to assess
court shall impose sentence as provided by this part.
and detect accurately the presence in the human
Reproduced at the Richard Nixon Presidential Library
Page 5533
TITLE 21.-FOOD AND DRUGS
§ 876
body of drugs or other substances which are or may
received from Federal, State, and local agencies,
be subject to control under this title, including the
and make such information available for Federal,
development of rapid field identification methods
State, and local law enforcement purposes; and
which would enable agents to detect microquan-
(5) conduct programs of eradication aimed at
tities of such drugs or other substances;
destroying wild or illicit growth of plant species
(4) studies or special projects designed to eval-
from which controlled substances may be
uate the nature and sources of the supply of illegal
extracted.
drugs throughout the country;
(b) When requested by the Attorney General, it
(5) studies or special projects to develop more
shall be the duty of any agency or instrumentality
effective methods to prevent diversion of controlled
of the Federal Government to furnish assistance, in-
substances into illegal channels; and
cluding technical advice, to him for carrying out his
(6) studies or special projects to develop infor-
functions under this subchapter; except that no such
mation necessary to carry out his functions under
agency or instrumentality shall be required to furnish
section 811 of this title.
the name of, or other identifying information about,
a patient or research subject whose identity it has
(b) Contracts.
undertaken to keep confidential. (Pub. L. 91-513, title
The Attorney General may enter into contracts for
II, § 503, Oct. 27, 1970, 84 Stat. 1271.)
such educational and research activities without per-
formance bonds and without regard to section 5 of
EFFECTIVE DATE
Title 41.
Section effective Oct. 27, 1970, see section 704 of Pub. L.
91-513, set out as a note under section 801 of this title.
(c) Identification of research populations; authoriza-
tion to withhold.
§ 874. Advisory committees.
The Attorney General may authorize persons en-
The Attorney General may from time to time ap-
gaged in research to withhold the names and other
point committees to advise him with respect to pre-
identifying characteristics of persons who are the
venting and controlling the abuse of controlled sub-
subjects of such research. Persons who obtain this
stances. Members of the committees may be entitled
authorization may not be compelled in any Federal,
to receive compensation at the rate of $100 for each
State, or local civil, criminal, administrative, legis-
day (including traveltime) during which they are
lative, or other proceeding to identify the subjects
engaged in the actual performance of duties. While
of research for which such authorization was
traveling on official business in the performance of
obtained.
duties for the committees, members of the commit-
(d) Use of controlled substances in research.
tees shall be allowed expenses of travel, including
The Attorney General, on his own motion or at the
per diem instead of subsistence, in accordance with
request of the Secretary, may authorize the posses-
subchapter I of chapter 57 of Title 5. (Pub. L. 91-513,
sion, distribution, and dispensing of controlled sub-
title II, § 504, Oct. 27, 1970, 84 Stat. 1272.)
stances by persons engaged in research. Persons who
EFFECTIVE DATE
obtain this authorization shall be exempt from State
Section effective Oct. 27, 1970, see section 704 of Pub. L.
or Federal prosecution for possession, distribution,
91-513, set out as a note under section 801 of this title.
and dispensing of controlled substances to the ex-
§ 875. Administrative hearings.
tent authorized by the Attorney General. (Pub. L.
(a) In carrying out his functions under this sub-
91-513, title II, § 502, Oct. 27, 1970, 84 Stat. 1271.)
chapter, the Attorney General may hold hearings,
EFFECTIVE DATE
sign and issue subpenas, administer oaths, examine
Section effective Oct. 27, 1970, see section 704 of Pub. L.
witnesses, and receive evidence at any place in the
91-513, set out as a note under section 801 of this title.
United States.
§ 873. Cooperative arrangements.
(b) Except as otherwise provided in this sub-
(a) The Attorney General shall cooperate with
chapter, notice shall be given and hearings shall be
local, State, and Federal agencies concerning traffic
conducted under appropriate procedures of subchap-
in controlled substances and in suppressing the abuse
ter II of chapter 5 of Title 5. (Pub. L. 91-513, title II,
of controlled substances. To this end, he is authorized
§ 505, Oct. 27, 1970, 84 Stat. 1272.)
to-
EFFECTIVE DATE
(1) arrange for the exchange of information be-
Section effective Oct. 27, 1970, see section 704 of Pub. L.
tween governmental officials concerning the use
91-513, set out as a note under section 801 of this title.
and abuse of controlled substances;
§ 876. Subpenas.
(2) cooperate in the institution and prosecution
(a) Authorization of use by Attorney General.
of cases in the courts of the United States and
In any investigation relating to his functions under
before the licensing boards and courts of the
this subchapter with respect to controlled substances,
several States;
the Attorney General may subpena witnesses, compel
(3) conduct training programs on controlled
the attendance and testimony of witnesses, and re-
substance law enforcement for local, State, and
quire the production of any records (including books,
Federal personnel;
papers, documents, and other tangible things which
(4) maintain in the Department of Justice a
constitute or contain evidence) which the Attorney
unit which will accept, catalog, file, and otherwise
General finds relevant or material to the investiga-
utilize all information and statistics, including rec-
tion. The attendance of witnesses and the production
ords of controlled substance abusers and other
of records may be required from any place in any
controlled substance law offenders, which may be
State or in any territory or other place subject to the
Reproduced at the Richard Nixon Presidential Library
§ 877
TITLE 21.-FOOD AND DRUGS
Page 5534
jurisdiction of the United States at any designated
§ 878. Powers of enforcement personnel.
place of hearing; except that a witness shall not be
Any officer or employee of the Bureau of Narcotics
required to appear at any hearing more than 500
and Dangerous Drug designated by the Attorney
miles distant from the place where he was served
General may-
with a subpena. Witnesses summoned under this
(1) carry firearms;
section shall be paid the same fees and mileage that
(2) execute and serve search warrants, arrest
are paid witnesses in the courts of the United States.
warrants, administrative inspection warrants,
(b) Service.
subpenas, and summonses issued under the author-
A subpena issued under this section may be served
ity of the United States;
by any person designated in the subpena to serve it.
(3) make arrests without warrant (A) for any
Service upon a natural person may be made by per-
offense against the United States committed in
sonal delivery of the subpena to him. Service may be
his presence, or (B) for any felony, cognizable
made upon a domestic or foreign corporation or upon
under the laws of the United States, if he has
a partnership or other unincorporated association
probable cause to believe that the person to be ar-
which is subject to suit under a common name, by
rested has committed or is committing a felony;
(4) make seizures of property pursuant to the
delivering the subpena to an officer, to a managing
provisions of this subchapter; and
or general agent, or to any other agent authorized by
(5) perform such other law enforcement duties
appointment or by law to receive service of process.
as the Attorney General may designate.
The affidavit of the person serving the subpena en-
(Pub L. 91-513, title II, § 508, Oct. 27, 1970, 84 Stat.
tered a true copy thereof by the person serving it
1273.)
shall be proof of service.
EFFECTIVE DATE
(c) Enforcement.
Section effective Oct. 27, 1970, see section 704 of Pub. L.
In the case of contumacy by or refusal to obey a
91-513, set out as a note under section 801 of this title.
subpena issued to any person, the Attorney General
§ 879. Search warrants.
may invoke the aid of any court of the United States
(a) A search warrant relating to offenses involv-
within the jurisdiction of which the investigation is
ing controlled substances may be served at any time
carried on or of which the subpenaed person is an
of the day or night if the judge or United States
inhabitant, or in which he carries on business or may
magistrate issuing the warrant is satisfied that there
be found, to compel compliance with the subpena.
is probable cause to believe that grounds exist for
The court may issue an order requiring the sub-
the warrant and for its service at such time.
penaed person to appear before the Attorney Gen-
(b) Any officer authorized to execute a search
eral to produce records, if SO ordered, or to give
warrant relating to offenses involving controlled
testimony touching the matter under investigation.
substances the penalty for which is imprisonment
for more than one year may, without notice of his
Any failure to obey the order of the court may be
authority and purpose, break open an outer or inner
punished by the court as a contempt thereof. All
door or window of a building, or any part of the
process in any such case may be served in any
building, or anything therein, if the judge or United
judicial district in which such person may be found.
States magistrate issuing the warrant (1) is satisfied
(Pub. L. 91-513, title II, § 506, Oct. 27, 1970, 84 Stat.
that there is probable cause to believe that (A) the
1272.)
property sought may and, if such notice is given,
EFFECTIVE DATE
will be easily and quickly destroyed or disposed of,
Section effective Oct. 27, 1970, see section 704 of Pub. L.
or (B) the giving of such notice will immediately
91-513, set out as a note under section 801 of this title.
endanger the life or safety of the executing officer
SECTION REFERRED TO IN OTHER SECTIONS
or another person, and (2) has included in the war-
This section is referred to in section 880 of this title.
rant a direction that the officer executing it shall not
§ 877. Judicial review.
be required to give such notice. Any officer acting
All final determinations, findings, and conclusions
under such warrant, shall, as soon as practicable
of the Attorney General under this subchapter shall
after entering the premises, identify himself and
be final and conclusive decisions of the matters in-
give the reasons and authority for his entrance
volved, except that any person aggrieved by a final
upon the premises. (Pub. L. 91-513, title II, § 509,
decision of the Attorney General may obtain review
Oct. 27, 1970, 84 Stat. 1274.)
of the decision in the United States Court of Appeals
EFFECTIVE DATE
for the District of Columbia or for the circuit in
Section effective Oct. 27, 1970, see section 704 of Pub. L.
91-513, set out as a note under section 801 of this title.
which his principal place of business is located upon
petition filed with the court and delivered to the
§ 880. Administrative inspections and warrants.
Attorney General within thirty days after notice of
(a) Controlled premises defined.
the decision. Findings of fact by the Attorney Gen-
As used in this section, the term "controlled
eral, if supported by substantial evidence, shall be
premises" means-
conclusive. (Pub. L. 91-513, title II, § 507, Oct. 27,
(1) places where original or other records or
1970, 84 Stat. 1273.)
documents required under this subchapter are
EFFECTIVE DATE
kept or required to be kept, and
Section effective Oct. 27, 1970, see section 704 of Pub. L.
(2) places, including factories, warehouses, or
91-513, set out as a note under section 801 of this title.
other establishments, and conveyances, where
Reproduced at the Richard Nixon Presidential Library
Page 5535
TITLE 21-FOOD AND DRUGS
$ 880
persons registered under section 823 of this title
(2) in situations presenting imminent danger
(or exempted from registration under section 822
to health or safety;
(d) of this title) may lawfully hold, manufacture,
(3) in situations involving inspection of con-
or distribute, dispense, administer, or otherwise
veyances where there is reasonable cause to be-
dispose of controlled substances.
lieve that the mobility of the conveyance makes
(b) Grant of authority; scope of inspections.
it impracticable to obtain a warrant;
(1) For the purpose of inspecting, copying, and
(4) in any other exceptional or emergency cir-
verifying the correctness of records, reports, or other
cumstance where time or opportunity to apply
documents required to be kept or made under this
for a warrant is lacking; or
subchapter and otherwise facilitating the carrying
(5) in any other situations where a warrant is
out of his functions under this subchapter, the At-
not constitutionally required.
torney General is authorized, in accordance with
(d) Administrative inspection warrants; issuance;
this section, to enter controlled premises and to con-
execution; probable cause.
duct administrative inspections thereof, and of the
Issuance and execution of administrative inspec-
things specified in this section, relevant to those
tion warrants shall be as follows:
functions.
(1) Any judge of the United States or of a State
(2) Such entries and inspections shall be carried
court of record, or any United States magistrate,
out through officers or employees (hereinafter re-
may, within his territorial jurisdiction, and upon
ferred to as "inspectors"). designated by the Attor-
proper oath or affirmation showing probable
ney General. Any such inspector, upon stating his
cause, issue warrants for the purpose of conduct-
purpose and presenting to the owner, operator, or
ing administrative inspections authorized by this
agent in charge of such premises (A) appropriate
subchapter or regulations thereunder, and seizures
credentials and (B) a written notice of his inspec-
of property appropriate to such inspections. For
tion authority (which notice in the case of an in-
the purposes of this section, the term "probable
spection requiring, or in fact supported by, an
cause" means a valid public interest in the effec-
administrative inspection warrant shall consist of
tive enforcement of this subchapter or regulations
such warrant), shall have the right to enter such
thereunder sufficient to justify administrative in-
premises and conduct such inspection at reasonable
spections of the area, premises, building, or con-
times.
veyance, or contents thereof, in the circumstances
(3) Except as may otherwise be indicated in an
specified in the application for the warrant.
applicable inspection warrant, the inspector shall
(2) A warrant shall issue only upon an affidavit
have the right-
of an officer or employee having knowledge of the
(A) to inspect and copy records, reports, and
facts alleged, sworn to before the judge or magis-
other documents required to be kept or made under
trate and establishing the grounds for issuing the
this subchapter;
warrant. If the judge or magistrate is satisfied
(B) to inspect, within reasonable limits and in
that grounds for the application exist or that
a reasonable manner, controlled premises and all
there is probable cause to believe they exist, he
pertinent equipment, finished and unfinished
shall issue a warrant identifying the area, prem-
drugs and other substances or materials, contain-
ises, building, or conveyance to be inspected, the
ers, and labeling found therein, and, except as
purpose of such inspection, and, where appropri-
provided in paragraph (5) of this subsection, all
ate, the type of property to be inspected, if any.
other things therein (including records, files,
The warrant shall identify the items or types of
papers, processes, controls, and facilities) appro-
property to be seized, if any. The warrant shall
priate for verification of the records, reports, and
be directed to a person authorized under subsec-
documents referred to in clause (A) or otherwise
tion (b) (2) of this section to execute it. The war-
bearing on the provisions of this subchapter; and
rant shall state the grounds for its issuance and
(C) to inventory any stock of any controlled
the name of the person or persons whose affidavit
substance therein and obtain samples of any such
has been taken in support thereof. It shall com-
substance.
mand the person to whom it is directed to inspect
(4) Except when the owner, operator, or agent
the area, premises, building, or conveyance iden-
in charge of the controlled premises so consents in
tified for the purpose specified, and, where appro-
writing, no inspection authorized by this section
priate, shall direct the seizure of the property
shall extend to-
specified. The warrant shall direct that it be
(A) financial data;
served during normal business hours. It shall des-
(B) sales data other than shipment data; or
ignate the judge or magistrate to whom it shall be
(C) pricing data.
returned.
(c) Situations not requiring warrants.
(3) A warrant issued pursuant to this section
A warrant under this section shall not be required
must be executed and returned within ten days
for the inspection of books and records pursuant to
of its date unless, upon a showing by the United
an administrative subpena issued in accordance with
States of a need therefor, the judge or magistrate
section 876 of this title, nor for entries and ad-
allows additional time in the warrant. If property
ministrative inspections (including seizures of
is seized pursuant to a warrant, the person execut-
property)-
ing the warrant shall give to the person from
(1) with the consent of the owner, operator, or
whom or from whose premises the property was
agent in charge of the controlled premises;
taken a copy of the warrant and a receipt for the
47-500 0-71-vol. 5-65
Reproduced at the Richard Nixon Presidential Library
§ 881
TITLE 21.-FOOD AND DRUGS
Page 5536
property taken or shall leave the copy and receipt
was unlawfully in the possession of a person
at the place from which the property was taken.
other than the owner in violation of the crim-
The return of the warrant shall be made promptly
inal laws of the United States, or of any State.
and shall be accompanied by a written inventory
(5) All books, records, and research, including
of any property taken. The inventory shall be
formulas, microfilm, tapes, and data which are
made in the presence of the person executing the
used, or intended for use, in violation of this
warrant and of the person from whose possession
chapter.
or premises the property was taken, if they are
(b) Seizure pursuant to Supplemental Rules for Cer-
present, or in the presence of at least one credible
tain Admiralty and Maritime Claims.
person other than the person making such inven-
Any property subject to forfeiture to the United
tory, and shall be verified by the person executing
States under this subchapter may be seized by the
the warrant. The judge or magistrate, upon re-
Attorney General upon process issued pursuant to
quest, shall deliver a copy of the inventory to the
the Supplemental Rules for certain Admiralty and
person from whom or from whose premises the
Maritime Claims by any district court of the United
property was taken and the applicant for the
States having jurisdiction over the property, except
the warrant.
that seizure without such process may be made
(4) The judge or magistrate who has issued a
when-
warrant under this section shall attach to the
(1) the seizure is incident to an arrest or a
warrant a copy of the return and all papers filed
search under a search warrant or an inspection
in connection therewith and shall file them with
under an administrative inspection warrant;
the clerk of the district court of the United States
(2) the property subject to seizure has been the
for the judicial district in which the inspection
subject of a prior judgment in favor of the United
was made. (Pub. L. 91-513, title II, § 510, Oct. 27,
States in a criminal injunction or forfeiture pro-
1970, 84 Stat. 1274.)
ceeding under this subchapter;
EFFECTIVE DATE
(3) the Attorney General has probable cause to
Section effective Oct. 27, 1970, see section 704 of Pub. L.
believe that the property is directly or indirectly
91-513, set out as a note under section 801 of this title.
dangerous to health or safety; or
SECTION REFERRED TO IN OTHER SECTIONS
(4) the Attorney General has probable cause
This section is referred to in section 965 of this title.
to believe that the property has been used or is
intended to be used in violation of this subchapter.
§ 881. Forfeitures.
In the event of seizure pursuant to paragraph (3)
(a) Property subject.
or (4) of this subsection, proceedings under subsec-
The following shall be subject to forfeiture to the
tion (d) of this section shall be instituted promptly.
United States and no property right shall exist in
them:
(c) Custody of Attorney General.
(1) All controlled substances which have been
Property taken or detained under this section shall
manufactured, distributed, dispensed, or acquired
not be repleviable, but shall be deemed to be in the
in violation of this subchapter.
custody of the Attorney General, subject only to the
(2) All raw materials, products, and equipment
orders and decrees of the court or the official having
of any kind which are used, or intended for use,
jurisdiction thereof. Whenever property is seized
in manufacturing, compounding, processing, de-
under the provisions of this subchapter, the Attorney
livering, importing, or exporting any controlled
General may-
substance in violation of this subchapter.
(1) place the property under seal;
(3) All property which is used, or intended for
(2) remove the property to a place designated
use, as a container for property described in para-
by him; or
graph (1) or (2).
(3) require that the General Services Adminis-
(4) All conveyances, including aircraft, vehicles,
tration take custody of the property and remove
it to an appropriate location for disposition in
or vessels, which are used, or are intended for use,
accordance with law.
to transport, or in any manner to facilitate the
transportation, sale, receipt, possession, or con-
(d) Other laws and proceedings applicable.
cealment of property described in paragraph (1)
All provisions of law relating to the seizure, sum-
mary and judicial forfeiture, and condemnation of
or (2), except that-
property for violation of the customs laws; the dis-
(A) no conveyance used by any person as a
position of such property or the proceeds from the
common carrier in the transaction of business as
sale thereof; the remission or mitigation of such
a common carrier shall be forfeited under the
forfeitures; and the compromise of claims and the
provisions of this section unless it shall appear
award of compensation to informers in respect of
that the owner or other person in charge of such
such forfeitures shall apply to seizures and forfeit-
conveyance was a consenting party or privy to a
ures incurred, or alleged to have been incurred, under
violation of this subchapter or subchapter II
the provisions of this subchapter, insofar as appli-
of this chapter; and
cable and not inconsistent with the customs officer
(B) no conveyance shall be forfeited under the
or any other person with respect to the seizure and
provisions of this section by reason of any act
forfeiture of property under the customs laws shall
or omission established by the owner thereof to
be performed with respect to seizures and forfeitures
have been committed or omitted by any person
of property under this subchapter by such officers,
other than such owner while such conveyance
agents, or other persons as may be authorized or
Reproduced at the Richard Nixon Presidential Library
Page 5537
TITLE 21-FOOD AND DRUGS
§ 884
designated for that purpose by the Attorney General,
(b) In case of an alleged violation of an injunction
except to the extent that such duties arise from seiz-
or restraining order issued under this section, trial
ures and forfeitures effected by any customs officer.
shall, upon demand of the accused, be by a jury in
accordance with the Federal Rules of Civil Proce-
(e) Disposition of forfeited property.
Whenever property is forfeited under this sub-
dure. (Pub. L. 91-513, title II, $ 512, Oct. 27, 1970,
84 Stat. 1278.)
chapter the Attorney General may-
EFFECTIVE DATE
(1) retain the property for official use;
Section effective Oct. 27, 1970, see section 704 of Pub. L.
(2) sell any forfeited property which is not re-
91-513, set out as a note under section 801 of this title.
quired to be destroyed by law and which is not
harmful to the public, but the proceeds from any
§ 883. Enforcement proceedings.
such sale shall be used to pay all proper expenses
Before any violation of this subchapter is reported
of the proceedings for forfeiture and sale includ-
by the Director of the Bureau of Narcotics and Dan-
ing expenses of seizure, maintenance of custody,
gerous Drugs to any United States attorney for in-
advertising and court costs;
stitution of a criminal proceeding, the Director may
(3) require that the General Services Adminis-
require that the person against whom such proceed-
tration take custody of the property and remove
ing is contemplated is given appropriate notice and
it for disposition in accordance with law; or
an opportunity to present his views, either orally or
(4) forward it to the Bureau of Narcotics and
in writing, with regard to such contemplated pro-
Dangerous Drugs for disposition (including deliv-
ceeding. (Pub. L. 91-513, title II, § 513, Oct. 27, 1970,
ery for medical or scientific use to any Federal or
84 Stat. 1278.)
State agency under regulations of the Attorney
EFFECTIVE DATE
General).
Section effective Oct. 27, 1970, see section 704 of Pub. L.
91-513, set out as a note under section 801 of this title.
(f) Forfeiture of schedule I substances.
All controlled substances in schedule I that are
§ 884. Immunity and privilege.
possessed, transferred, sold, or offered for sale in
(a) Refusal to testify.
violation of the provisions of this subchapter shall
Whenever a witness refuses, on the basis of his
be deemed contraband and seized and summarily
privilege against self-incrimination, to testify or
forfeited to the United States. Similarly, all sub-
provide other information in a proceeding before a
stances in schedule I, which are seized or come into
court or grand jury of the United States, involving a
the possession of the United States, the owners of
violation of this subchapter, and the person presid-
which are unknown, shall be deemed contraband and
ing over the proceeding communicates to the witness
summarily forfeited to the United States.
an order issued under this section, the witness may
(g) Plants.
not refuse to comply with the order on the basis of
(1) All species of plants from which controlled
his privilege against self-incrimination. But no tes-
substances in schedules I and II may be derived
timony or other information compelled under the
order issued under subsection (b) of this section or
which have been planted or cultivated in violation
of this subchapter, or of which the owners or culti-
any information obtained by the exploitation of such
vators are unknown, or which are wild growths,
testimony or other information, may be used against
may be seized and summarily forfeited to the United
the witness in any criminal case, including any crim-
States.
inal case brought in a court of a State, except a
(2) The failure, upon demand by the Attorney
prosecution for perjury, giving a false statement,
General or his duly authorized agent, of the person
or otherwise failing to comply with the order.
in occupancy or in control of land or premises upon
(b) Order of United States District Court.
which such species of plants are growing or being
In the case of any individual who has been or may
stored, to produce an appropriate registration, or
be called to testify or provide other information at
proof that he is the holder thereof, shall constitute
any proceeding before a court or grand jury of the
authority for the seizure and forfeiture.
United States, the United States district court for
(3) The Attorney General, or his duly authorized
the judicial district in which the proceeding is or
agent, shall have authority to enter upon any lands,
may be held shall issue, upon the request of the
or into any dwelling pursuant to a search warrant,
United States attorney for such district, an order
to cut, harvest, carry off, or destroy such plants.
requiring such individual to give any testimony or
(Pub. L. 91-513, title II, § 511, Oct. 27, 1970, 84 Stat.
provide any other information which he refuses to
1276.)
give or provide on the basis of his privilege against
EFFECTIVE DATE
Section effective Oct. 27, 1970, see section 704 of Pub. L.
self-incrimination.
91-513, set out as a note under section 801 of this title.
(c) Request by United States Attorney.
SECTION REFERRED TO IN OTHER SECTIONS
A United States attorney may, with the approval
This section is referred to in sections 824, 842 of this
title.
of the Attorney General or the Deputy Attorney
§ 882. Injunctions.
General, or any Assistant Attorney General desig-
(a) The district courts of the United States and
nated by the Attorney General, request an order
all courts exercising general jurisdiction in the ter-
under subsection (b) of this section when in his
ritories and possessions of the United States shall
judgment-
have jurisdiction in proceedings in accordance with
(1) the testimony or other information from
the Federal Rules of Civil Procedure to enjoin viola-
such individual may be necessary to the public
tions of this subchapter.
interest; and
Reproduced at the Richard Nixon Presidential Library
§ 885
TITLE 21.-FOOD AND DRUGS
Page 5538
(2) such individual has refused or is likely to
(b) Moneys expended from appropriations of the
refuse to testify or provide other information on
Bureau of Narcotics and Dangerous Drugs for pur-
the basis of his privilege against self-incrimina-
chase of controlled substances and subsequently re-
tion.
covered shall be reimbursed to the current appro-
(Pub. L. 91-513, title II, § 514, Oct. 27, 1970, 84 Stat.
priation for the Bureau.
1278.)
(c) The Attorney General is authorized to direct
EFFECTIVE DATE
the advance of funds by the Treasury Department
Section effective Oct. 27, 1970, see section 704 of Pub. L.
in connection with the enforcement of this sub-
91-513, set out as a note under section 801 of this title.
chapter. (Pub. L. 91-513, title II, § 516, Oct. 27, 1970,
§ 885. Burden of proof; liabilities.
84 Stat. 1279.)
EFFECTIVE DATE
(a) (1) It shall not be necessary for the United
Section effective Oct. 27, 1970, see section 704 of Pub. L.
States to negative any exemption or exception set
91-513, set out as a note under section 801 of this title.
forth in this subchapter in any complaint, informa-
PART F.-GENERAL PROVISIONS
tion, indictment, or other pleading or in any trial,
hearing, or other proceeding under this subchapter,
CODIFICATION
and the burden of going forward with the evidence
The letter designation for this Part F was, in the orig-
with respect to any such exemption or exception
inal, Part G. The original Part F of title II of Pub. L. 91-
513, consisting of sectlon 601 thereof, is set out as a note
shall be upon the person claiming its benefit.
under section 801 of this title. The original Part G of
(2) In the case of a person charged under section
title II of Pub. L. 91-513 consisted of sections 701 to 709.
844(a) of this title with the possession of a con-
Sections 701 to 705 amended and repealed sections in
trolled substance, any label identifying such sub-
this title and in Title 18, Crimes and Criminal Proce-
dure, and Title 42, The Public Health and Welfare, and
stance for purposes of section 353(b) (2) of this title
enacted provisions set out as notes under sections 321, 801,
shall be admissible in evidence and shall be prima
and 822 of this title. See Tables Volume for classifications
facie evidence that such substance was obtained
of said sections 701 ot 705. Sections 706 to 709 of Pub. L.
91-513 are set out as sections 901 to 904 of this title and,
pursuant to a valid prescription from a practitioner
for purposes of codification, comprise this Part F.
while acting in the course of his professional prac-
tice.
§ 901. Severability of provisions.
(b) In the absence of proof that a person is the
If a provision of this chapter is held invalid, all
duly authorized holder of an appropriate registra-
valid provisions that are severable shall remain in
tion or order form issued under this subchapter, he
effect. If a provision of this chapter is held invalid
shall be presumed not to be the holder of such reg-
in one or more of its applications, the provision shall
remain in effect in all its valid applications that are
istration or form, and the burden of going forward
severable. (Pub. L. 91-513, title II, § 706, Oct. 27,
with the evidence with respect to such registration
1970, 84 Stat. 1284.)
or form shall be upon him.
REFERENCES IN TEXT
(c) The burden of going forward with the evi-
This chapter, referred to in text, was, in the original,
dence to establish that a vehicle, vessel, or aircraft
this Act, meaning Pub. L. 91-513. For classification of
used in connection with controlled substances in
Pub. L. 91-513, see Short Title note under section 801 of
schedule I was used in accordance with the provi-
this title.
EFFECTIVE DATE
sions of this subchapter shall be on the persons en-
Section effective Oct. 27, 1970, see section 704 of Pub. L.
gaged in such use.
91-513, set out as a note under section 801 of this title.
(d) Except as provided in section 2234 and 2235
§ 902. Savings provisions.
of Title 18, no civil or criminal liability shall be im-
posed by virtue of this subchapter upon any duly
Nothing in this chapter, except this part and, to
the extent of any inconsistency, sections 827(e) and
authorized Federal officer lawfully engaged in the
829 of this title, shall be construed as in any way
enforcement of this subchapter, or upon any duly
affecting, modifying, repealing, or superseding the
authorized officer of any State, territory, political
provisions of the Federal Food, Drug, and Cosmetic
subdivision thereof, the District of Columbia, or any
Act. (Pub. L. 91-513, title II, § 707, Oct. 27, 1970,
possession of the United States, who shall be law-
84 Stat. 1284.)
fully engaged in the enforcement of any law or
REFERENCES IN TEXT
municipal ordinance relating to controlled sub-
This chapter, referred to in text, was, in the original,
stances. (Pub. L. 91-513, title II, § 515, Oct. 27, 1970,
this Act, meaning Pub. L. 91-513. For classification of
84 Stat. 1279.)
Pub. L. 91-513, see Short Title note under section 801 of
this title.
EFFECTIVE DATE
The Federal Food, Drug, and Cosmetic Act, referred to
Section effective Oct. 27, 1970, see section 704 of Pub. L.
in text, Is act June 25, 1938, ch. 675, 52 Stat. 1040, which
91-513, set out as a note under section 801 of this title.
is classified to section 301 et seq. of this title.
§ 886. Payments and advances.
EFFECTIVE DATE
(a) The Attorney General is authorized to pay any
Section effective Oct. 27, 1970, see section 704 of Pub.
L. 91-513, set out as a note under section 801 of this title.
person, from funds appropriated for the Bureau of
Narcotics and Dangerous Drugs, for information con-
§ 903. Application of State law.
cerning a violation of this subchapter, such sum or
No provision of this subchapter shall be construed
sums of money as he may deem appropriate, with-
as indicating an intent on the part of the Congress
out reference to any moieties or rewards to which
to occupy the field in which that provision operates,
such person may otherwise be entitled by law.
including criminal penalties, to the exclusion of any
Reproduced at the Richard Nixon Presidential Library
Page 5539
TITLE 21.-FOOD AND DRUGS
§ 951
State law on the same subject matter which would
Act of 1960 [sections 501 to 517 of this title] by paragraph
otherwise be within the authority of the State, unless
(10) of section 1101 (a) of this title is hereby postponed
for the same period, except that the postponement made
there is a positive conflict between that provision
by this paragraph shall not apply to the repeal of sec-
of this subchapter and that State law so that the two
tions 4, 5, 13, 15, and 16 of that Act [which were classified
to section 182, 503, 511, and 513 of this title and sections
cannot consistently stand together. (Pub. L. 91-513,
4702, 4731, and 4731 note of Title 26.]
title II, § 708, Oct. 27, 1970, 84 Stat. 1284.)
"(2) Effective for any period of postponement, by para-
graph (1) of this subsection, of the repeal of provisions of
EFFECTIVE DATE
the Narcotics Manufacturing Act of 1960 [sections 501-517
Section effective Oct. 27, 1970, see section 704 of Pub.
of this title], that Act shall be applied subject to the
L. 91-513, set out as a note under section 801 of this title.
following modifications:
"(A) The term 'narcotic drug' shall mean a narcotic
§ 904. Authorization of appropriations.
drug as defined in section 102(16) of title II [section
There are authorized to be appropriated for ex-
802(16) of this title], and all references, in the Narcotics
penses of the Department of Justice in carrying out
Manufacturing Act of 1960 [sections 501-517 of this title],
to a narcotic drug as defined by section 4731 of the Inter-
its functions under this subchapter (except section
nal Revenue Code of 1954 [section 4731 of Title 26] are
803 of this title) not to exceed $60,000,000 for the
amended to refer to a narcotic drug as defined by such
fiscal year ending June 30, 1972, $70,000,000 for the
section 102(16) [section 802(16) of this title].
"(B) On and after the date prescribed by the Attorney
fiscal year ending June 30, 1973, and $90,000,000 for
General pursuant to clause (2) of section 703(c) of title П,
the fiscal year ending June 30, 1974. (Pub. L. 91-513,
[set out as a note under section 822 of this title], the
requirements of a manufacture's license with respect to a
title II, § 709, Oct. 27, 1970, 84 Stat. 1284.)
basic class of narcotic drug under the Narcotics Manu-
EFFECTIVE DATE
facturing Act of 1960 [sections 501-517 of this title], and
of a registration under section 4722 of the Internal Reve-
Section effective Oct. 27, 1970, see section 704 of Pub.
L. 91-513, set out as a note under section 801 of this title.
nue Code of 1954 [section 4722 of Title 26] as a prerequisite
to issuance of such a license, shall be superseded by a
requirement of actual registration (as distinguished from
SUBCHAPTER II.-IMPORT AND EXPORT
provisional registration) as a manufacturer of that class
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
of drug under section 303 of title II [section 523(a) of
this title].
This subchapter is referred to in sections 381, 824, 828,
(C) On and after the effective date of the repeal of such
841, 842, 843, 844, 848, 849, 850, 881 of this title.
section 4722 [section 4722 of Title 26] by section 1101 (b)
§ 951. Definitions.
(3) of this title, but prior to the date specified in sub-
paragraph (B) of this paragraph, the requirement of regis-
(a) For purposes of this subchapter-
tration under such section 4722 [section 4722 of Title 26]
(1) The term "import" means, with respect to
as a prerequisite of a manufacturer's license under the
any article, any bringing in or introduction of such
Narcotics Manufacturing Act of 1960 [sections 501-517 of
article into any area (whether or not such bring-
this title] shall be superseded by a requirement of either
(1) actual registration as a manufacturer under section
ing in or introduction constitutes an importation
303 of title II [section 823 of this title] or (ii) provisional
within the meaning of the tariff laws of the United
registration (by virtue of a preexisting registration under
States).
such section 4722) under section 703 of title II [set out as
(2) The term "customs territory of the United
a note under section 822 of this title]."
States" has the meaning assigned to such term by
RULES AND REGULATIONS
general headnote 2 to the Tariff Schedules of the
Section 1105(d) of Pub. L. 91-513 provided:
United States.
"Any orders, rules and regulations which have been
promulgated under any law affected by this title [see
(b) Each term defined in section 802 of this title
Short Title Note under this section] and which are in
shall have the same meaning for purposes of this
effect on the day preceding enactment of this title [Oct. 27,
subchapter as such term has for purposes of sub-
1970] shall continue in effect until modified, superseded,
chapter I of this chapter. (Pub. L. 91-513, title III,
or repealed."
SHORT TITLE
§ 1001, Oct. 27, 1970, 84 Stat. 1285.)
Section 1000 of Pub. L. 91-513 provided that: "This
REFERENCES IN TEXT
title [enacting this subchapter, amending sections 198a
General headnote 2 to the Tariff Schedules of the
and 162 of this title, section 4251 of Title 18, Crimes and
United States, referred to in text, is set out in section
Criminal Procedure, section 1584 of Title 19, Customs
1202 of Title 19, Customs Duties.
Duties, sections 4901, 4905, 6808, 7012, 7103, 7326, 7607,
EFFECTIVE DATE
7609, 7641, 7651, and 7655 of Title 26, Internal Revenue
Section 1105 (a) of Pub. L. 91-513 provided that:
Code, section 2901 of Title 28, Judiciary and Judicial Pro-
"(a) Except as otherwise provided in this section, this
cedure, sections 529d, 529e, and 529f of Title 31, Money
title shall become effective on the first day of the seventh
and Finance, section 304m of Title 40, Public Buildings,
calendar month that begins after the day immediately
Property, and Works, section 3411 of Title 42, The Public
preceding the date of enactment [Oct. 27, 1970].
Health and Welfare, section 239a of Title 46, Shipping,
"(b) Sections 1000, 1001, 1006, 1015, 1016, 1103, 1104
and section 787 of Title 49, Transportation, repealing sec-
[this section and Short Title Note under this section and
tions 171, 172, 173, 173a, 174, 176, 176a, 176b, 177 to 184,
sections 171 note, 956, 957, note, 965, and 966 of this title],
184a, 185, 188 to 188n, 191 192, 193, 197, 198, 199, and 501
and this section shall become effective upon enactment
to 517 of this title, sections 1401 to 1407, and 3616 of Title
[Oct. 27, 1970].
18, sections 4701 to 4707, 4711 to 4716, 4721 to 4726, 4731
"(c) (1) If the Attorney General, pursuant to the au-
to 4736, 4741 to 4746, 4751 to 4757, 4761, 4762, 4771 to 4776,
thority of section 704(c) of title II [set out as a note
7237, 7238, and 7491 of Title 26, sections 529a and 529g of
under section 801 of this title], postpones the effective
date of section 306 (relating to manufacturing quotas)
Title 31, section 1421m of Title 48, Territories and Insular
[section 826 of this title] for any period beyond the date
Possessions, and enacting provisions set out as notes under
specified in section 704(a) [set out as a note under sec-
this section and sections 171 and 957 of this title] may be
tion 801 of this title], and such postponement applies to
cited as the Controlled Substances Import and Export
narcotic drugs, the repeal of the Narcotics Manufacturing
Act'."
Reproduced at the Richard Nixon Presidential Library
§ 952
TITLE 21.FOOD AND DRUGS
Page 5540
§ 952. Importation of controlled substances.
SECTION REFERRED TO IN OTHER SECTIONS
(a) Controlled substances in schedules I or II and
This section is referred to in sections 954, 956, 958, 960
narcotic drugs in schedules III, IV, or V;
of this title.
exceptions.
§ 953. Exportation of controlled substances.
It shall be unlawful to import into the customs
(a) Narcotic drugs in schedules I, II, III, or IV.
territory of the United States from any place out-
It shall be unlawful to export from the United
side thereof (but within the United States), or to
States any narcotic drug in schedule I, II, III, or IV
import into the United States from any place outside
unless-
thereof, any controlled substance in schedule I or II
(1) it is exported to a country which is a party
of subchapter I of this chapter, or any narcotic drug
to-
in schedule III, IV, or V of subchapter I of this
(A) the International Opium Convention of
chapter, except that-
1912 for the Suppression of the Abuses of
(1) such amounts of crude opium and coca
Opium, Morphine, Cocaine, and Derivative
leaves as the Attorney General finds to be neces-
Drugs, or to the International Opium Conven-
sary to provide for medical, scientific, or other
tion signed at Geneva on February 19, 1925; or
legitimate purpose, and
(B) the Convention for Limiting the Manu-
(2) such amounts of any controlled substance
facture and Regulating the Distribution of Nar-
in schedule I or II or any narcotic drug in schedule
cotic Drugs concluded at Geneva, July 13, 1931,
III, IV, or V that the Attorney General finds to be
as amended by the protocol signed at Lake Suc-
necessary to provide for the medical, scientific, or
cess on December 11, 1946, and the protocol
other legitimate needs of the United States—
bringing under international control drugs out-
(A) during an emergency in which domestic
side the scope of the convention on July 13,
supplies of such substance or drug are found by
1931, for limiting the manufacture and regulat-
the Attorney General to be inadequate, or
ing the distribution of narcotic drugs (as
(B) in any case in which the Attorney Gen-
amended by the protocol signed at Lake Success
eral finds that competition among domestic
on December 11, 1946), signed at Paris, Novem-
manufacturers of the controlled substance is
ber 19, 1948; or
inadequate and will not be rendered adequate
(C) the Single Convention on Narcotic Drugs,
by the registration of additional manufacturers
1961, signed at New York, March 30, 1961;
under section 823 of this title,
(2) such country has instituted and maintains,
may be so imported under such regulations as the
in conformity with the conventions to which it is a
Attorney General shall prescribe. No crude opium
party, a system for the control of imports of nar-
may be SO imported for the purpose of manufactur-
cotic drugs which the Attorney General deems
ing heroin or smoking opium.
adequate;
(b) Nonnarcotic controlled substances in schedules
(3) the narcotic drug is consigned to a holder
III, IV, or V.
of such permits or licenses as may be required
It shall be unlawful to import into the customs
under the laws of the country of import, and a
territory of the United States from any place outside
permit or license to import such drug has been
thereof (but within the United States), or to import
issued by the country of import;
into the United States from any place outside thereof,
(4) substantial evidence is furnished to the At-
any nonnarcotic controlled substance in schedule
torney General by the exporter that (A) the nar-
III, IV, or V, unless such nonnarcotic controlled
cotic drug is to applied exclusively to medical or
substance-
scientific uses within the country of import, and
(1) is imported for medical, scientific, or other
(B) there is an actual need for the narcotic drug
legitimate uses, and
for medical or scientific uses within such country;
(2) is imported pursuant to such notification or
and
declaration requirements as the Attorney General
(5) a permit to export the narcotic drug in each
may by regulation prescribe.
instance has been issued by the Attorney General.
(c) Coca leaves.
(b) Exception for exportation for special scientific
In addition to the amount of coca leaves author-
purposes.
ized to be imported into the United States under
Notwithstanding subsection (a) of this section, the
subsection (a) of this section, the Attorney General
Attorney General may authorize any narcotic drug
may permit the importation of additional amounts
(including crude opium and coca leaves) in schedule
of coca leaves. 'All cocaine and ecgonine (and all
I, II, III, or IV to be exported from the United States
salts, derivatives, and preparations from which co-
to a country which is a party to any of the inter-
caine or ecgonine may be synthesized or made)
national instruments mentioned in subsection (a)
contained in such additional amounts of coca leaves
of this section if the particular drug is to be applied
imported under this subsection shall be destroyed
to a special scientific purpose in the country of
under the supervision of an authorized representa-
destination and the authorities of such country will
tive of the Attorney General. (Pub. L. 91-513, title
permit the importation of the particular drug for
such purpose.
III, § 1002, Oct. 27, 1970, 84 Stat. 1285.)
(c) Nonnarcotic controlled substances in schedule I
EFFECTIVE DATE
or II.
Section effective on the first day of the seventh calendar
It shall be unlawful to export from the United
month that begins after Oct. 26, 1970, see section 1105(a)
of Pub. L. 91-513, set out as a note under section 951 of
States any nonnarcotic controlled substance in
this title.
schedule I or II unless-
Reproduced at the Richard Nixon Presidential Library
Page 5541
TITLE 21.-FOOD AND DRUGS
§ 956
(1) it is exported to a country which has insti-
(B) be transferred or transshipped from one
tuted and maintains a system which the Attorney
vessel, vehicle, or aircraft to another vessel, ve-
General deems adequate for the control of imports
hicle, or aircraft within the United States for
of such substances;
immediate exportation,
(2) the controlled substance is consigned to a
if and only if it is so imported, transferred, or
holder of such permits or licenses as may be re-
transshipped (i) for scientific, medical, or other
quired under the laws of the country of import;
legitimate purposes in the country of destination,
(3) substantial evidence is furnished to the At-
and (ii) with the prior written approval of the
torney General that (A) the controlled substance
Attorney General (which shall be granted or de-
is to be applied exclusively to medical, scientific, or
nied within 21 days of the request)
other legitimate uses within the country to which
(2) A controlled substance in schedule II, III,
exported, (B) it will not be exported from such
or IV may be so imported, transferred, or trans-
country, and (C) there is an actual need for the
shipped if and only if advance notice is given to
controlled substance for medical, scientific, or
the Attorney General in accordance with regula-
other legitimate uses within the country; and
tions of the Attorney General.
(4) a permit to export the controlled substance
(Pub. L. 91-513, title III, § 1004, Oct. 27, 1970, 84
in each instance has been issued by the Attorney
Stat. 1287.)
EFFECTIVE DATE
General.
Section effective on the first day of the seventh calendar
(d) Exception for exportation for special scientific
month that begins after Oct. 26, 1970, see section 1105(a)
purposes.
of Pub. L. 91-513, set out as a note under section 951 of
Notwithstanding subsection (c) of this section, the
this title.
Attorney General may authorize any nonnarcotic
SECTION REFERRED TO IN OTHER SECTIONS
controlled substance in schedule I or II to be ex-
This section is referred to in sections 956, 961 of this
title.
ported from the United States if the particular sub-
stance is to be applied to a special scientific purpose
§ 955. Possession on board vessels, etc., arriving in
in the country of destination and the authorities of
or departing from United States.
such country will permit the importation of the par-
It shall be unlawful for any person to bring or
ticular drug for such purpose.
possess on board any vessel or aircraft, or on board
any vehicle of a carrier, arriving in or departing
(e) Nonnarcotic controlled substances in schedule
from the United States or the customs territory of
III or IV; controlled substances in schedule V.
the United States, a controlled substance in schedule
It shall be unlawful to export from the United
I or II or a narcotic drug in schedule III or IV, unless
States to any other country any nonnarcotic con-
such substance or drug is a part of the cargo entered
trolled substance in schedule III or IV or any con-
in the manifest or part of the official supplies of the
trolled substance in schedule V unless-
vessel, aircraft, or vehicle. (Pub. L. 91-513, title III,
(1) there is furnished (before export) to the
§ 1005, Oct. 27, 1970, 84 Stat. 1287.)
Attorney General documentary proof that impor-
EFFECTIVE DATE
tation is not contrary to the laws or regulations of
Section effective on the first day of the seventh calendar
the country of destination;
month that begins after Oct. 26, 1970, see section 1105(a)
(2) a special controlled substance invoice, in
of Pub. L. 91-513, set out as a note under section 951 of
this title.
triplicate, accompanies the shipment setting forth
SECTION REFERRED TO IN OTHER SECTIONS
such information as the Attorney General may
This section is referred to in section 960 of this title.
prescribe to identify the parties to the shipment
and the means of shipping, and
§ 956. Exemption authority.
(3) two additional copies of the invoice are for-
(a) The Attorney General may by regulation ex-
warded to the Attorney General before the con-
empt from sections 952 (a) and (b), 953, 954, and
trolled substance is exported from the United
955 of this title any individual who has a controlled
States.
substance (except a substance in schedule I) in his
(Pub. L. 91-513, title III, § 1003, Oct. 27, 1970, 84
possession for his personal medical use, or for ad-
Stat. 1286.)
ministration to an animal accompanying him, if he
EFFECTIVE DATE
lawfully obtained such substance and he makes such
Section effective on the first day of the seventh calendar
declaration (or gives such other notification) as the
month that begins after Oct. 26, 1970, see section 1105(a)
of Pub. L. 91-513, set out as a note under section 951 of
Attorney General may by regulation require.
this title.
(b) The Attorney General may by regulation ex-
SECTION REFERRED TO IN OTHER SECTIONS
cept any compound, mixture, or preparation con-
This section is referred to in sections 954, 960 of this
taining any depressant or stimulant substance listed
title.
in paragraph (a) or (b) of schedule III or in sched-
§ 954. Transshipment and in-transit shipment of con-
ule IV or V from the application of all or any part
trolled substances.
of this subchapter if (1) the compound, mixture, or
Notwithstanding sections 952, 953, and 957 of this
preparation contains one or more active medicinal
title-
ingredients not having a depressant or stimulant
(1) A controlled substance in schedule I may-
effect on the central nervous system, and (2) such
(A) be imported into the United States for
ingredients are included therein in such combina-
transshipment to another country, or
tions, quantity, proportion, or concentration as to
Reproduced at the Richard Nixon Presidential Library
§ 957
TITLE 21.FOOD AND DRUGS
Page 5542
vitiate the potential for abuse of the substances
[section 958 of this title] for the import or export (as
which do have a depressant or stimulant effect on
the case may be) of controlled substances.
the central nervous system. (Pub. L. 91-513, title
"(2) During the period his provisional registration is in
effect under this section, the registration number assigned
III, § 1006, Oct. 27, 1970, 84 Stat. 1288.)
such person under such section 510 or under such sec-
EFFECTIVE DATE
tion 4722 (as the case may be) shall be his registration
number for purposes of part A of this title [this sub-
Section effective Oct. 27, 1970, see section 1105 (b)
chapter].
of Pub. L. 91-513, set out as a note under section 951 of
"(b) The provisions of section 304 [section 824 of this
this title.
title], relating to suspension and revocation of registra-
SECTION REFERRED TO IN OTHER SECTIONS
tion, shall apply to a provisional registration under this
section.
This section is referred to in sections 955, 957 of this
title.
"(c) Unless sooner suspended or revoked under subsec-
tion (b), a provisional registration of a person under sub-
§ 957. Persons required to register.
section (a) (1) of this section shall be in effect until-
"(1) the date on which such person has registered
(a) No person may-
with the Attorney General under section 1008 [section
(1) import into the customs territory of the
958 of this title] or has had his registration denied
United States from any place outside thereof (but
under such section, or
within the United States), or import into the
"(2) such date as may be prescribed by the Attor-
ney General for registration of importers or exporters,
United States from any place outside thereof, any
as the case may be,
controlled substance, or
whichever occurs first."
(2) export from the United States any con-
SECTION REFERRED TO IN OTHER SECTIONS
trolled substance in schedule I, II, III, or IV,
This section is referred to in sections 954, 960, 965 of
unless there is in effect with respect to such person
this title.
a registration issued by the Attorney General under
§ 958. Registration requirements.
section 958 of this title, or unless such person is ex-
(a) Applicants to import or export controlled sub-
empt from registration under subsection (b) of this
stances in schedule I or II.
section.
The Attorney General shall register an applicant
(b) (1) The following persons shall not be re-
to import or export a controlled substance in sched-
quired to register under the provisions of this section
ule I or II if he determines that such registration is
and may lawfully possess a controlled substance:
consistent with the public interest and with United
(A) An agent or an employee of any importer
States obligations under international treaties, con-
or exporter registered under section 958 of this
ventions, or protocols in effect on the effective date
title if such agent or employee is acting in the
of this section. In determining the public interest,
usual course of his business or employment.
the factors enumerated in paragraph (1) through
(B) A common or contract carrier or ware-
(6) of section 823(a) of this title shall be considered.
houseman, or an employee thereof, whose posses-
(b) Activity limited to specified substances.
sion of any controlled substance is in the usual
Registration granted under subsection (a) of this
course of his business or employment.
section shall not entitle a registrant to import or
(C) An ultimate user who possesses such sub-
export controlled substances in schedule I or II other
stance for a purpose specified in section 802(25)
than those specified in the registration.
of this title and in conformity with an exemption
(c) Applicants to import controlled substances in
granted under section 956(a) of this title.
schedule III, IV, or V or to export controlled sub-
(2) The Attorney General may, by regulation,
stances in schedule III or IV.
waive the requirement for registration of certain
The Attorney General shall register an applicant
importers and exporters if he finds it consistent with
to import a controlled substance in schedule III, IV,
the public health and safety; and may authorize any
or V or to export a controlled substance in schedule
III or IV, unless he determines that the issuance of
such importer or exporter to possess controlled sub-
such registration is inconsistent with the public in-
stances for purposes of importation and exportation.
terest. In determining the public interest, the factors
(Pub. L. 91-513, title III, § 1007, Oct. 27, 1970, 84
enumerated in paragraphs (1) through (6) of sec-
Stat. 1288.)
tion 823(d) of this title shall be considered.
EFFECTIVE DATE
Section effective on the first day of the seventh calendar
(d) Registration period.
month that begins after Oct. 26, 1970, see section 1105(a)
No registration shall be issued under this part for
of Pub. L. 91-513, set out as a note under section 951 of
a period in excess of one year. Unless the regula-
this title.
tions of the Attorney General otherwise provide,
PROVISIONAL REGISTRATION
section 822(f), 824, 825, and 827 of this title shall
Section 1104 of Pub. L. 91-513 provided that:
"(a) (1) Any person-
apply to persons registered under this section to the
"(A) who is engaged in importing or exporting any
same extent such sections apply to persons registered
controlled substance on the day before the effective date
under section 823 of this title.
of section 1007 [this section],
"(B) who notifies the Attorney General that he is so
(e) Rules and regulations.
engaged, and
The Attorney General is authorized to promulgate
"(C) who is registered on such day under section
rules and regulations and to charge reasonable fees
510 of the Federal Food, Drug, and Cosmetic Act [sec-
relating to the registration of importers and ex-
tion 360 of this title] or under section 4722 of the In-
ternal Revenue Code of 1954 [former section 4722 of
porters of controlled substances under this section.
title 26],
(f) Scope of authorized activity.
shall, with respect to each establishment for which such
Persons registered by the Attorney General under
registration is in effect under any such section, be deemed
to have a provisional registration under section 1008
this section to import or export controlled substances
Reproduced at the Richard Nixon Presidential Library
Page 5543
TITLE 21.-FOOD AND DRUGS
§ 961
may import or export (and for the purpose of so
(2) contrary to section 955 of this title, know-
importing or exporting, may possess) such substances
ingly or intentionally brings or possesses on board
to the extent authorized by their registration and
a vessel, aircraft, or vehicle a controlled substance,
in conformity with the other provisions of this sub-
or
chapter and subchapter I of this chapter.
(3) contrary to section 959 of this title, manu-
(g) Separate registrations for each principal place of
factures or distributes a controlled substance,
business.
shall be punished as provided in subsection (b) of
A separate registration shall be required at each
of this section.
principal place of business where the applicant im-
(b) Penalties.
ports or exports controlled substances.
(1) In the case of a violation under subsection
(h) Emergency situations.
(a) of this section with respect to a narcotic drug
Except in emergency situations as described in
in schedule I or II, the person committing such vio-
section 952(a) (2) (A) of this title, prior to issuing
lation shall be imprisoned not more than fifteen
a registration under this section to a bulk manufac-
years, or fined not more than $25,000, or both. If a
turer of a controlled substance in schedule I or II,
sentence under this paragraph provides for imprison-
and prior to issuing a regulation under section 952(a)
ment, the sentence shall include a special parole term
of this title authorizing the importation of such a
of not less than three years in addition to such term
substance, the Attorney General shall give manu-
of imprisonment.
facturers holding registrations for the bulk manu-
(2) In the case of a violation under subsection (a)
facture of the substance an opportunity for a hearing
of this section with respect to a controlled substance
(Pub. L. 91-513, title III, § 1008, Oct. 27, 1970, 84
other than a narcotic drug in schedule I or II, the
Stat. 1289.)
person committing such violation shall be imprisoned
REFERENCES IN TEXT
not more than five years, or be fined not more than
The effective date of this section, referred to in subsec.
$15,000, or both. If a sentence under this paragraph
(a), is first day of the seventh calendar month that begins
provides for imprisonment, the sentence shall, in
after Oct. 26, 1970.
addition to such term of imprisonment, include (A) a
EFFECTIVE DATE
special parole term of not less than two years if such
Section effective on the first day of the seventh calen-
dar month that begins after Oct. 26, 1970, see section 1105
controlled substance is in schedule I, II, III, or (B) a
(a) of Pub. L. 91-513, set out as a note under section 951
special parole term of not less than one year if such
of this title.
controlled substance is in schedule IV.
SECTIONS REFERRED TO IN OTHER SECTIONS
(c) Special parole term.
This section is referred to in sections 957, 865 of this
A special parole term imposed under this section or
title.
section 962 of this title may be revoked if its terms
§ 959. Manufacture or distribution for purposes of un-
and conditions are violated. In such circumstances
lawful importation.
the original term of imprisonment shall be increased
It shall be unlawful for any person to manufacture
by the period of the special parole term and the re-
or distribute a controlled substance in schedule I
sulting new term of imprisonment shall not be dimin-
or II-
ished by the time which was spent on special parole.
A person whose special parole term has been revoked
(1) intending that such substance will be un-
may be required to serve all or part of the remainder
lawfully imported into the United States; or
of the new term of imprisonment. The special term
(2) knowing that such substance will be unlaw-
provided for in this section and in section 962 of
fully imported into the United States.
this title is in addition to, and not in lieu of, any other
This section is intended to reach acts of manufac-
parole provided for by law. (Pub. L. 91-513, title III,
ture or distribution committed outside the territorial
§ 1010, Oct. 27, 1970, 84 Stat. 1290.)
jurisdiction of the United States. Any person who
EFFECTIVE DATE
violates this section shall be tried in the United
Section effective on the first day of the seventh calendar
States district court at the point of entry where such
month that begins after Oct. 26, 1970, see section 1105(a)
person enters the United States, or in the United
of Pub. L. 91-513, set out as a note under section 951 of
this title.
States District Court for the District of Columbia.
SECTION REFERRED TO IN OTHER SECTIONS
(Pub. L. 91-513, title III, § 1009, Oct. 27, 1970, 84
This section is referred to in section 962 of this title.
Stat. 1289.)
EFFECTIVE DATE
§ 961. Prohibited acts B.
Section effective on the first day of the seventh calen-
Any person who violates section 954 of this title
dar month that begins after Oct. 26, 1970, see section
shall be subject to the following penalties:
1105 (a) of Pub. L. 91-513, set out as a note under section
951 of this title.
(1) Except as provided in paragraph (2), any
such person shall, with respect to any such viola-
SECTION REFERRED TO IN OTHER SECTIONS
tion, be subject to a civil penalty of not more than
This section is referred to in section 960 of this title.
$25,000. Sections 842 (c) (1) and (c) (3) of this
§ 960. Prohibited acts A.
title shall apply to any civil penalty assessed under
(a) Unlawful acts.
this paragraph.
Any person who-
(2) If such a violation is prosecuted by an in-
(1) contrary to section 952, 953, or 957 of this
formation or indictment which alleges that the
title, knowingly or intentionally imports or exports
violation was committed knowingly or inten-
a controlled substance,
tionally and the trier of fact specifically finds that
Reproduced at the Richard Nixon Presidential Library
§ 962
TITLE 21.-FOOD AND DRUGS
Page 5544
the violation was so committed, such person shall
(and of officers and employees of the Bureau of Nar-
be sentenced to imprisonment for not more than
cotics and Dangerous Drugs) under this subchapter,
one year or a fine of not more than $25,000 or both.
to administrative and judicial proceedings under
(Pub. L. 91-513, title III, § 1011, Oct. 27, 1970, 84
this subchapter, and to violations of this subchapter,
Stat. 1290.)
to the same extent that such part applies to functions
EFFECTIVE DATE
of the Attorney General (and such officers and em-
Section effective on the first day of the seventh calendar
ployees) under subchapter I of this chapter, to such
month that begins after Oct. 26, 1970, see section 1105
proceedings under subchapter I of this chapter,
of Pub. L. 91-513, set out as a note under section 951
of this title.
and to violations of subschapter I of this chapter.
For purposes of the application of this section to sec-
§ 962. Second or subsequent offenses.
tion 880 of this title, any reference in such section
(a) Any person convicted of any offense under
880 of this title to "this subchapter" shall be deemed
this subchapter is, if the offense is a second or sub-
to be a reference to this subchapter, any reference
sequent offense, punishable by a term of imprison-
to section 823 of this title shall be deemed to be a
ment twice that otherwise authorized, by twice the
reference to section 958 of this title, and any refer-
fine otherwise authorized, or by both. If the convic-
ence to section 822(d) of this title shall be deemed to
tion is for an offense punishable under section
be a reference to section 957(b) (2) of this title.
960(b) of this title, and if it is the offender's second
(Pub. L. 91-513, title III, § 1015, Oct. 27, 1970, 84
or subsequent offense, the court shall impose, in ad-
Stat. 1291.)
dition to any term of imprisonment and fine, twice
EFFECTIVE DATE
the special parole term otherwise authorized.
Section effective Oct. 27, 1970, see section 1105(b) of
(b) For purposes of this section, a person shall be
Pub. L. 91-513, set out as a note under section 951 of this
considered convicted of a second or subsequent of-
tltle.
fense if, prior to the commission of such offense,
§ 966. Authority of Secretary of the Treasury.
one or more prior convictions of him for a felony
Nothing in this chapter shall derogate from the
under any provision of this subchapter or subchap-
authority of the Secretary of the Treasury under the
ter I of this title or other law of the United States
customs and related laws. (Pub. L. 91-513, title III,
relating to narcotic drugs, marihuana, or depressant
§ 1016, Oct. 27, 1970, 84 Stat. 1291.)
or stimulant drugs, have become final.
REFERENCES IN TEXT
(c) Section 851 of this title shall apply with re-
This chapter, referred to in text, was, in the original,
spect to any proceeding to sentence a person under
this Act, meaning Pub. L. 91-513. For classification of
this section. (Pub. L. 91-513, title III, § 1012, Oct.
Pub. L. 91-513, see Short Title note under section 801 of
27, 1970, 84 Stat. 1291.)
this title.
EFFECTIVE DATE
EFFECTIVE DATE
Section effective Oct. 27, 1970, see section 1105(b) of
Section effective on the first day of the seventh calendar
Pub. L. 91-513, set out as a note under section 951 of
month that begins after Oct, 26, 1970, see section 1105 (a)
this title.
of Pub. L. 91-513, set out as a note under section 951
of this title.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 960 of this title.
§ 963. Attempt and conspiracy.
Any person who attempts or conspires to commit
any offense defined in this subchapter is punishable
by imprisonment or fine or both which may not ex-
ceed the maximum punishment prescribed for the
offense, the commission of which was the object of
the attempt or conspiracy. (Pub. L. 91-513, title III,
§ 1013, Oct. 27, 1970, 84 Stat. 1291).
EFFECTIVE DATE
Section effective on the first day of the seventh calendar
month that begins after Oct. 26, 1970, see section 1105
of Pub. L. 91-513, set out as a note under section 951
of this title.
§ 964. Additional penalties.
Any penalty imposed for violation of this sub-
chapter shall be in addition to, and not in lieu of, any
civil or administrative penalty or sanction authorized
by law. (Pub. L. 91-513, title III, $ 1014, Oct. 27, 1970,
84 Stat. 1291.)
EFFECTIVE DATE
Section effective on the first day of the seventh calendar
month that begins after Oct. 26, 1970, see section 1105 (a)
of Pub. L. 91-513, set out as a note under section 951
of this title.
§ 965. Applicability of Part E of Subchapter I.
Part E of subchapter I of this chapter shall apply
* U. S. GOVERNMENT PRINTING OFFICE 1972-482-377
with respect to functions of the Attorney General
Reproduced at the Richard Nixon Presidential Library
REF
UN
SINGLE CONVENTION
on
NARCOTIC DRUGS, 1961
UNITED NATIONS
REF
Reproduced at the Richard Nixon Presidential Library
SINGLE CONVENTION
ON
NARCOTIC DRUGS, 1961
including Schedules, Final Act, and Resolutions,
as agreed by the United Nations Conference for the
Adoption of a Single Convention on Narcotic Drugs
UNITED NATIONS
NEW YORK
Reproduced at the Richard Nixon Presidential Library
TABLE OF CONTENTS
Pages
Final Act
5
Resolutions
9
Single Convention on Narcotic Drugs, 1961
11
Schedules
41
UNITED NATIONS PUBLICATION
Sales No.: 62. XI. 1
Price: $ U.S. 0.50
(or equivalent in other currencies)
FINAL ACT OF THE UNITED NATIONS CONFERENCE
FOR THE ADOPTION OF A SINGLE CONVENTION
ON NARCOTIC DRUGS
1. The Economic and Social Council of the United Nations, by resolution
689 J (XXVI) of 28 July 1958, decided to convene in accordance with Article 62,
paragraph 4, of the Charter of the United Nations, and with the provisions of
General Assembly resolution 366 (IV) of 3 December 1949, a plenipotentiary
conference for the adoption of a single convention on narcotic drugs to replace by
a single instrument the existing multilateral treaties in the field, to reduce the
number of international treaty organs exclusively concerned with control of
narcotic drugs, and to make provision for the control of the production of raw
materials of narcotic drugs.
2. The United Nations Conference for the Adoption of a Single Con-
vention on Narcotic Drugs met at United Nations Headquarters from
24 January to 25 March 1961.
3. The following seventy-three States were represented by representatives
at the Conference :
Afghanistan
Greece
Paraguay
Albania
Guatemala
Peru
Argentina
Haiti
Philippines
Australia
Holy See
Poland
Bolivia
Hungary
Portugal
Brazil
India
Romania
Bulgaria
Indonesia
Senegal
Burma
Iran
Spain
Byelorussian Soviet So-
Iraq
Sweden
cialist Republic
Israel
Switzerland
Cambodia
Italy
Thailand
Canada
Japan
Tunisia
Chad
Jordan
Turkey
Chile
Korea, Republic of
Ukrainian Soviet Social-
China
Lebanon
ist Republic
Congo (Léopoldville)
Liberia
Union of Soviet Social-
Costa Rica
Madagascar
ist Republics
Czechoslovakia
Mexico
United Arab Republic
Dahomey
Monaco
United Kingdom of
Denmark
Morocco
Great Britain and
Dominican Republic
Netherlands
Northern Ireland
El Salvador
New Zealand
United
States
of
Finland
Nicaragua
America
France
Nigeria
Uruguay
Germany, Federal Re-
Norway
Venezuela
public of
Pakistan
Yugoslavia
Ghana
Panama
5
Reproduced at the Richard Nixon Presidential Library
4. The following State was represented by an observer at the Conference :
13. The Conference set up the following committees
Ceylon
General Committee
5. The following specialized agencies were represented at the Conference :
Chairman : The President of the Conference
Food and Agriculture Organization of the United Nations;
Ad Hoc Committee on articles 2 and 3 of the Third Draft (Scope of the Convention
International Civil Aviation Organization;
and Method of Bringing Additional Substances under Control)
International Labour Organisation;
Chairman : Mr. A. Tabibi (Afghanistan)
World Health Organization.
Ad Hoc Committee on articles 25, 30 and 40-43 (National Control in General)
6. The following international bodies were represented at the Conference
Chairman : Mr. B. Banerji (India)
Permanent Central Opium Board;
Ad Hoc Committee on articles 31-34 (National Control of Opium Poppy and
Drug Supervisory Body.
Poppy Straw)
7. The following non-governmental organizations were also represented at
Chairman : Mr. L. Ignacio-Pinto (Dahomey)
the Conference :
Vice-Chairman : Mr. J. Koch (Denmark)
International Conference of Catholic Charities;
International Criminal Police Organization;
Ad Hoc Committee on articles 35-38 (National Control of Coca Leaf)
International Federation of Women Lawyers.
Chairman : Mr. K. Chikaraishi (Japan)
8. General Safwat, Director of the Permanent Anti-Narcotics Bureau of
Ad Hoc Committee on article 39 (National Control of Cannabis)
the League of Arab States, at the invitation of the Conference, also attended in
Chairman : Mr. B. Grinberg (Bulgaria)
a personal capacity.
Ad Hoc Committee on articles 26, 27-29, 20-21, 4 (Information to be furnished by
9. In accordance with the resolution of the Economic and Social Council
Governments; the system of estimates and statistics; obligations of Gov-
referred to in paragraph 1 and with the rules of procedure adopted by the Con-
ernments in general)
ference, the observers and the representatives of the above-mentioned organiza-
Chairman : Mr. E. Rodríguez Fabregat (Uruguay)
tions and bodies participated in the work of the Conference without the right to
Vice-Chairman : Mr. J. Bertschinger (Switzerland)
vote.
Ad Hoc Committee on article 22 (Measures exercisable by the Board in case of
10. The Conference elected Mr. Carl Schurmann (Netherlands) as
non-compliance)
President, and as Vice-Presidents the representatives of the following States :
Chairman : Mr. A. Gurinovich (Byelorussian SSR)
Afghanistan
Peru
Ad Hoc Committee on articles 5-11, 13-19, 23 (Constitution, Functions and
Brazil
Switzerland
Secretariat of International Organs)
Dahomey
Thailand
France
Turkey
Chairman Mr. H. Blomstedt (Finland)
Hungary
United Arab Republic
Ad Hoc Committee on articles 44-46 (Direct Measures against the Illicit Traffic)
India
United Kingdom of Great Britain and
Chairman : Mr. A. Bittencourt (Brazil)
Iran
Northern Ireland
Technical Committee
Japan
Union of Soviet Socialist Republics
United States of America
Chairman : Mr. A. Johnson (Australia)
Mexico
Pakistan
Vice-Chairman : Mr. A. Ismael (United Arab Republic)
Drafting Committee
11. The Executive Secretary of the Conference was Mr. G. E. Yates, and
the Deputy Executive Secretary was Mr. Adolf Lande.
Chairman : Mr. R. Curran (Canada)
Vice-Chairman : Mr. D. Nikolić (Yugoslavia)
12. The Conference had before it, in accordance with the resolution of the
Credentials Committee
Economic and Social Council, the third draft of a single convention on narcotic
drugs prepared by the Commission on Narcotic Drugs of the Council and a
Chairman : Mr. G. Ortiz (Costa Rica)
compilation of the comments thereon; it also had before it other documentation
14. As the result of its deliberations, as recorded in the summary records
prepared by the Secretariat.
of the Plenary and the summary records and reports of the committees, the
6
7
Reproduced at the Richard Nixon Presidential Library
Conference adopted¹ and opened for signature the Single Convention on
RESOLUTIONS ADOPTED BY THE UNITED NATIONS
Narcotic Drugs, 1961. In addition the Conference adopted the five resolutions
CONFERENCE FOR THE ADOPTION OF A
annexed to this Final Act.
SINGLE CONVENTION ON NARCOTIC DRUGS
IN WITNESS WHEREOF the representatives have signed this Final Act.
DONE at New York, this thirtieth day of March one thousand nine hundred
Resolution I
and sixty-one, in a single copy in the Chinese, English, French, Russian and
TECHNICAL ASSISTANCE ON NARCOTIC DRUGS
Spanish languages, each text being equally authentic. The original texts shall be
deposited with the Secretary-General of the United Nations.
The Conference,
Welcoming the establishment by General Assembly resolution 1395 (XIV)
of special arrangements for technical assistance in the field of narcotics
control,
Noting that the United Nations and the specialized agencies concerned have
already provided a limited amount of assistance under the Expanded Programme
of Technical Assistance and in their regular programmes,
Welcoming also the co-operation of the International Criminal Police
Organization in the execution of technical assistance projects,
Expresses the hope that adequate resources will be made available to provide
assistance in the fight against the illicit traffic, to those countries which desire
and request it, particularly in the form of expert advisers and of training,
including training courses for national officials.
Resolution II
TREATMENT OF DRUG ADDICTS
The Conference,
Recalling the provisions of article 38 of the Convention concerning the
treatment and rehabilitation of drug addicts,
1. Declares that one of the most effective methods of treatment for ad-
diction is treatment in a hospital institution having a drug free atmosphere;
2. Urges Parties having a serious drug addiction problem, and the econo-
mic means to do so, to provide such facilities.
Resolution III
ILLICIT TRAFFICKERS
The Conference,
1. Calls attention to the importance of the technical records on interna-
tional traffickers kept at present by the International Criminal Police Orgartiza-
tion;
2. Recommends that these records be completed as far as possible by all
1 The Conference took note that the Convention was approved without prejudice to decisions or
parties and be widely used for the circulation of description of the traffickers by
declarations in any relevant General Assembly resolution.
that Organization.
8
Reproduced at the Richard Nixon Presidential Library
9
Resolution IV
SINGLE CONVENTION ON NARCOTIC DRUGS, 1961
MEMBERSHIP ON THE COMMISSION ON NARCOTIC DRUGS
PREAMBLE
The Conference,
Invites the Economic and Social Council to examine at its thirty-second
The Parties,
session the question of an increase in the membership of the Commission on
Concerned with the health and welfare of mankind,
Narcotic Drugs, in the light of the terms of this Convention and of the views
expressed on this question at this Conference.
Recognizing that the medical use of narcotic drugs continues to be indis-
pensable for the relief of pain and suffering and that adequate provision must be
Resolution V
made to ensure the availability of narcotic drugs for such purposes,
INTERNATIONAL CONTROL MACHINERY
Recognizing that addiction to narcotic drugs constitutes a serious evil for
the individual and is fraught with social and economic danger to mankind,
The Conference,
Conscious of their duty to prevent and combat this evil,
Considering the importance of facilitating the transitional arrangements
Considering that effective measures against abuse of narcotic drugs require
provided for in article 45 of the Single Convention on Narcotic Drugs, 1961,
co-ordinated and universal action,
Invites the Economic and Social Council to study the possibility of taking
Understanding that such universal action calls for international co-operation
measures which would ensure the rapid and smooth carrying out of the simplifi-
guided by the same principles and aimed at common objectives,
cation of the international control machinery.
Acknowledging the competence of the United Nations in the field of
narcotics control and desirous that the international organs concerned should be
within the framework of that Organization,
Desiring to conclude a generally acceptable international convention re-
placing existing treaties on narcotic drugs, limiting such drugs to medical and
scientific use, and providing for continuous international co-operation and con-
trol for the achievement of such aims and objectives,
Hereby agree as follows
Article 1
DEFINITIONS
1. Except where otherwise expressly indicated or where the context
otherwise requires, the following definitions shall apply throughout the Con-
vention :
(a) " Board means the International Narcotics Control Board.
(b) " Cannabis means the flowering or fruiting tops of the cannabis plant
(excluding the seeds and leaves when not accompanied by the tops) from which
the resin has not been extracted, by whatever name they may be designated.
(c) " Cannabis plant means any plant of the genus cannabis.
(d) " Cannabis resin " means the separated resin, whether crude or purified,
obtained from the cannabis plant.
(e) " Coca bush means the plant of any species of the genus erythroxylon.
(f) " Coca leaf means the leaf of the coca bush except a leaf from which
all ecgonine, cocaine and any other ecgonine alkaloids have been removed.
10
Reproduced at the Richard Nixon Presidential Library
11
(g) " Commission" means the Commission on Narcotic Drugs of the
but does not include the amounts of drugs held in the country or territory,
Council.
(iv) By retail pharmacists or other authorized retail distributors and by
(h) " Council' means the Economic and Social Council of the United
institutions or qualified persons in the duly authorized exercise of therapeutic or
Nations.
scientific functions, or
(i) " Cultivation means the cultivation of the opium poppy, coca bush or
(v) As " special stocks
cannabis plant.
(y) " Territory means any part of a State which is treated as a separate
(j) " Drug' means any of the substances in Schedules I and II, whether
entity for the application of the system of import certificates and export authori-
natural or synthetic.
zations provided for in article 31. This definition shall not apply to the term
(k) " General Assembly" means the General Assembly of the United
" territory as used in articles 42 and 46.
Nations.
2. For the purposes of this Convention a drug shall be regarded as
(1) Illicit traffic means cultivation or trafficking in drugs contrary to the
" consumed" when it has been supplied to any person or enterprise for retail
provisions of this Convention.
distribution, medical use or scientific research; and " consumption" shall be
(m) "Import" and " export' mean in their respective connotations the
construed accordingly.
physical transfer of drugs from one State to another State, or from one territory
Article 2
to another territory of the same State.
(n) Manufacture' means all processes, other than production, by which
SUBSTANCES UNDER CONTROL
drugs may be obtained and includes refining as well as the transformation of
1. Except as to measures of control which are limited to specified drugs,
drugs into other drugs.
the drugs in Schedule I are subject to all measures of control applicable to drugs
(o) " Medicinal opium" means opium which has undergone the processes
under this Convention and in particular to those prescribed in articles 4 (c), 19,
necessary to adapt it for medicinal use.
20, 21, 29, 30, 31, 32, 33, 34 and 37.
(p) " Opium" means the coagulated juice of the opium poppy.
2. The drugs in Schedule II are subject to the same measures of control as
(q) " Opium poppy means the plant of the species Papaver somniferum L.
drugs in Schedule I with the exception of the measures prescribed in article 30,
(r) Poppy straw means all parts (except the seeds) of the opium poppy,
paragraphs 2 and 5, in respect of the retail trade.
after mowing.
3. Preparations other than those in Schedule III are subject to the same
(s) "Preparation" means a mixture, solid or liquid, containing a drug.
measures of control as the drugs which they contain, but estimates (article 19)
(t) 'Production" means the separation of opium, coca leaves, cannabis and
and statistics (article 20) distinct from those dealing with these drugs shall not be
cannabis resin from the plants from which they are obtained.
required in the case of such preparations, and article 29, paragraph 2 (c) and
(u) Schedule I", Schedule II", Schedule III and Schedule IV
article 30, paragraph 1 (b) (ii) need not apply.
mean the correspondingly numbered list of drugs or preparations annexed to this
4. Preparations in Schedule III are subject to the same measures of control
Convention, as amended from time to time in accordance with article 3.
as preparations containing drugs in Schedule II except that article 31, para-
(v) " Secretary-General" means the Secretary-General of the United
graphs 1 (b) and 4 to 15 need not apply, and that for the purpose of estimates
Nations.
(article 19) and statistics (article 20) the information required shall be restricted
(w) Special stocks means the amounts of drugs held in a country or
to the quantities of drugs used in the manufacture of such preparations.
territory by the government of such country or territory for special Govern-
5. The drugs in Schedule IV shall also be included in Schedule I and sub-
ment purposes and to meet exceptional circumstances; and the expression
ject to all measures of control applicable to drugs in the latter schedule, and in
" special purposes' shall be construed accordingly.
addition thereto:
(x) Stocks means the amounts of drugs held in a country or territory and
(a) A Party shall adopt any special measures of control which in its opinion
intended for :
are necessary having regard to the particularly dangerous properties of a drug so
(i) Consumption in the country or territory for medical and scientific
included; and
purposes,
(b) A Party shall, if in its opinion the prevailing conditions in its country
(ii) Utilization in the country or territory for the manufacture of drugs and
render it the most appropriate means of protecting the public health and
other substances, or
welfare, prohibit the production, manufacture, export and import of, trade in,
(iii) Export;
possession or use of any such drug except for amounts which may be necessary
12
13
Reproduced at the Richard Nixon Presidential Library
for medical and scientific research only, including clinical trials therewith to be
Commission which may, in accordance with the recommendation of the World
conducted under or subject to the direct supervision and control of the Party.
Health Organization, decide that the substance shall be added to Schedule I or
6. In addition to the measures of control applicable to all drugs in Schedule
Schedule II.
I, opium is subject to the provisions of articles 23 and 24, the coca leaf to those of
4. If the World Health Organization finds that a preparation because of the
articles 26 and 27 and cannabis to those of article 28.
substances which it contains is not liable to abuse and cannot produce ill effects
7. The opium poppy, the coca bush, the cannabis plant, poppy straw and
(paragraph 3) and that the drug therein is not readily recoverable, the Com-
cannabis leaves are subject to the control measures prescribed in articles 22 to
mission may, in accordance with the recommendation of the World Health
24; 22, 26 and 27; 22 and 28; 25; and 28, respectively.
Organization, add that preparation to Schedule III.
8. The Parties shall use their best endeavours to apply to substances which
5. If the World Health Organization finds that a drug in Schedule I is
do not fall under this Convention, but which may be used in the illicit manufac-
particularly liable to abuse and to produce ill effects (paragraph 3) and that
ture of drugs, such measures of supervision as may be practicable.
such liability is not offset by substantial therapeutic advantages not possessed
by substances other than drugs in Schedule IV, the Commission may, in ac-
9. Parties are not required to apply the provisions of this Convention to
cordance with the recommendation of the World Health Organization, place
drugs which are commonly used in industry for other than medical or scientific
that drug in Schedule IV.
purposes, provided that
6. Where a notification relates to a drug already in Schedule I or Schedule
(a) They ensure by appropriate methods of denaturing or by other means
that the drugs so used are not liable to be abused or have ill effects (article 3,
II or to a preparation in Schedule III, the Commission, apart from the measure
paragraph 3) and that the harmful substances cannot in practice be recovered;
provided for in paragraph 5, may, in accordance with the recommendation of the
World Health Organization, amend any of the Schedules by :
and
(b) They include in the statistical information (article 20) furnished by
(a) Transferring a drug from Schedule I to Schedule II or from Schedule II
to Schedule I; or
them the amount of each drug so used.
(b) Deleting a drug or a preparation as the case may be, from a Schedule.
Article 3
7. Any decision of the Commission taken pursuant to this article shall be
communicated by the Secretary-General to all States Members of the United
CHANGES IN THE SCOPE OF CONTROL
Nations, to non-member States Parties to this Convention, to the World Health
Organization and to the Board. Such decision shall become effective with
1. Where a Party or the World Health Organization has information which
respect to each Party on the date of its receipt of such communication, and the
in its opinion may require an amendment to any of the Schedules, it shall notify
Parties shall thereupon take such action as may be required under this Conven-
the Secretary-General and furnish him with the information in support of the
tion.
notification.
8. (a) The decisions of the Commission amending any of the schedules
2. The Secretary-General shall transmit such notification, and any infor-
shall be subject to review by the Council upon the request of any Party filed
mation which he considers relevant, to the Parties, to the Commission, and,
within ninety days from receipt of notification of the decision. The request for
where the notification is made by a Party, to the World Health Organization.
review shall be sent to the Secretary-General together with all relevant informa-
3. Where a notification relates to a substance not already in Schedule I
tion upon which the request for review is based;
or in Schedule II,
(b) The Secretary-General shall transmit copies of the request for review
(i) The Parties shall examine in the light of the available information the
and relevant information to the Commission, the World Health Organization and
possibility of the provisional application to the substance of all measures of
to all the Parties inviting them to submit comments within ninety days. All
control applicable to drugs in Schedule I;
comments received shall be submitted to the Council for consideration;
(ii) Pending its decision as provided in sub-paragraph (iii) of this paragraph,
(c) The Council may confirm, alter or reverse the decision of the Com-
the Commission may decide that the Parties apply provisionally to that substance
mission, and the decision of the Council shall be final. Notification of the
all measures of control applicable to drugs in Schedule I. The Parties shall
Council's decision shall be transmitted to all States Members of the United
apply such measures provisionally to the substance in question;
Nations, to non-member States Parties to this Convention, to the Commission,
(iii) If the World Health Organization finds that the substance is liable to
to the World Health Organization, and to the Board.
similar abuse and productive of similar ill effects as the drugs in Schedule I or
(d) During pendency of the review the original decision of the Commission
Schedule II or is convertible into a drug, it shall communicate that finding to the
shall remain in effect.
14
15
Reproduced at the Richard Nixon Presidential Library
9. Decisions of the Commission taken in accordance with this article shall
(a) To amend the Schedules in accordance with article 3;
not be subject to the review procedure provided for in article 7.
(b) To call the attention of the Board to any matters which may be relevant
to the functions of the Board;
Article 4
(c) To make recommendations for the implementation of the aims and
GENERAL OBLIGATIONS
provisions of this Convention, including programmes of scientific research and
the exchange of information of a scientific or technical nature; and
1. The Parties shall take such legislative and administrative measures as
(d) To draw the attention of non-parties to decisions and recommendations
may be necessary :
which it adopts under this Convention, with a view to their considering taking
(a) To give effect to and carry out the provisions of this Convention within
action in accordance therewith.
their own territories;
(b) To co-operate with other States in the execution of the provisions of
Article 9
this Convention; and
(c) Subject to the provisions of this Convention, to limit exclusively to
COMPOSITION OF THE BOARD
medical and scientific purposes the production, manufacture, export, import,
1. The Board shall consist of eleven members to be elected by the Council
distribution of, trade in, use and possession of drugs.
as follows :
Article 5
(a) Three members with medical, pharmacological or pharmaceutical
experience from a list of at least five persons nominated by the World Health
THE INTERNATIONAL CONTROL ORGANS
Organization; and
The Parties, recognizing the competence of the United Nations with
(b) Eight members from a list of persons nominated by the Members of the
respect to the international control of drugs, agree to entrust to the Commission
United Nations and by Parties which are not Members of the United Nations.
on Narcotic Drugs of the Economic and Social Council, and to the International
2. Members of the Board shall be persons who, by their competence,
Narcotics Control Board, the functions respectively assigned to them under this
impartiality and disinterestedness, will command general confidence. During
Convention.
their term of office they shall not hold any position or engage in any activity
which would be liable to impair their impartiality in the exercise of their
Article 6
functions. The Council shall, in consultation with the Board, make all ar-
EXPENSES OF THE INTERNATIONAL CONTROL ORGANS
rangements necessary to ensure the full technical independence of the Board in
carrying out its functions.
The expenses of the Commission and the Board will be borne by the United
Nations in such manner as shall be decided by the General Assembly. The
3. The Council, with due regard to the principle of equitable geographic
Parties which are not members of the United Nations shall contribute to these
representation, shall give consideration to the importance of including on the
expenses such amounts as the General Assembly finds equitable and assess from
Board, in equitable proportion, persons possessing a knowledge of the drug
time to time after consultation with the Governments of these Parties.
situation in the producing, manufacturing, and consuming countries, and con-
nected with such countries.
Article 7
Article 10
REVIEW OF DECISIONS AND RECOMMENDATIONS OF THE COMMISSION
TERMS OF OFFICE AND REMUNERATION OF MEMBERS OF THE BOARD
Except for decisions under article 3, each decision or recommendation
adopted by the Commission pursuant to the provisions of this Convention shall
1. The members of the Board shall serve for a period of three years, and
be subject to approval or modification by the Council or the General Assembly
shall be eligible for re-election.
in the same way as other decisions or recommendations of the Commission.
2. The term of office of each member of the Board shall end on the eve
of the first meeting of the Board which his successor shall be entitled to attend.
Article 8
3. A member of the Board who has failed to attend three consecutive
FUNCTIONS OF THE COMMISSION
sessions shall be deemed to have resigned.
The Commission is authorized to consider all matters pertaining to the aims
4. The Council, on the recommendation of the Board, may dismiss a
of this Convention, and in particular
member of the Board who has ceased to fulfil the conditions required for mem-
16
Reproduced at the Richard Nixon Presidential Library
17
bership by paragraph 2 of article 9. Such recommendation shall be made by an
the estimates as in its opinion will facilitate the carrying out of this Conven-
tion.
affirmative vote of eight members of the Board.
5. Where a vacancy occurs on the Board during the term of office of a
Article 13
member, the Council shall fill such vacancy as soon as possible and in accordance
ADMINISTRATION OF THE STATISTICAL RETURNS SYSTEM
with the applicable provisions of article 9, by electing another member for the
remainder of the term.
1. The Board shall determine the manner and form in which statistical
returns shall be furnished as provided in article 20 and shall prescribe the forms
6. The members of the Board shall receive an adequate remuneration as
therefor.
determined by the General Assembly.
2. The Board shall examine the returns with a view to determining
Article 11
whether a Party or any other State has complied with the provisions of this
Convention.
RULES OF PROCEDURE OF THE BOARD
3. The Board may require such further information as it considers
1. The Board shall elect its own President and such other officers as it
necessary to complete or explain the information contained in such statistical
may consider necessary and shall adopt its rules of procedure.
returns.
2. The Board shall meet as often as, in its opinion, may be necessary for
4. It shall not be within the competence of the Board to question or express
the proper discharge of its functions, but shall hold at least two sessions in each
an opinion on statistical information respecting drugs required for special
calendar year.
purposes.
3. The quorum necessary at meetings of the Board shall consist of seven
members.
Article 14
MEASURES BY THE BOARD TO ENSURE THE EXECUTION OF PROVISIONS
Article 12
OF THE CONVENTION
ADMINISTRATION OF THE ESTIMATE SYSTEM
1. (a) If, on the basis of its examination of information submitted by
Governments to the Board under the provisions of this Convention, or of in-
1. The Board shall fix the date or dates by which, and the manner in which,
formation communicated by United Nations organs and bearing on questions
the estimates as provided in article 19 shall be furnished and shall prescribe the
forms therefor.
arising under those provisions, the Board has reason to believe that the aims of
this Convention are being seriously endangered by reason of the failure of any
2. The Board shall, in respect of countries and territories to which this
country or territory to carry out the provisions of this Convention, the Board
Convention does not apply, request the Governments concerned to furnish
shall have the right to ask for explanations from the Government of the country
estimates in accordance with the provisions of this Convention.
or territory in question. Subject to the right of the Board to call the attention
3. If any State fails to furnish estimates in respect of any of its territories by
of the Parties, the Council and the Commission to the matter referred to in
the date specified, the Board shall, as far as possible, establish the estimates. The
sub-paragraph (c) below, it shall treat as confidential a request for information
Board in establishing such estimates shall, to the extent practicable, do so in co-
or an explanation by a Government under this sub-paragraph.
operation with the Government concerned.
(b) After taking action under sub-paragraph (a) above, the Board, if satis-
4. The Board shall examine the estimates, including supplementary
fied that it is necessary to do so, may call upon the Government concerned to
estimates, and, except as regards requirements for special purposes, may
adopt such remedial measures as shall seem under the circumstances to be
require such information as it considers necessary in respect of any country or
necessary for the execution of the provisions of this Convention.
territory on behalf of which an estimate has been furnished, in order to complete
(c) If the Board finds that the Government concerned has failed to give
the estimate or to explain any statement contained therein.
satisfactory explanations when called upon to do so under sub-paragraph (a)
5. The Board shall as expeditiously as possible confirm the estimates,
above, or has failed to adopt any remedial measures which it has been called
including supplementary estimates, or, with the consent of the Government
upon to take under sub-paragraph (b) above, it may call the attention of the
concerned, may amend such estimates.
Parties, the Council and the Commission to the matter.
6. In addition to the reports mentioned in article 15, the Board shall, at
2. The Board, when calling the attention of the Parties, the Council and the
such times as it shall determine but at least annually, issue such information on
Commission to a matter in accordance with paragraph 1 (c) above, may, if it is
18
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Reproduced at the Richard Nixon Presidential Library
satisfied that such a course is necessary, recommend to Parties that they stop the
Article 18
import of drugs, the export of drugs, or both, from or to the country or territory
INFORMATION TO BE FURNISHED BY PARTIES TO THE SECRETARY-GENERAL
concerned, either for a designated period or until the Board shall be satisfied as to
the situation in that country or territory. The State concerned may bring the
1. The Parties shall furnish to the Secretary-General such information as
matter before the Council.
the Commission may request as being necessary for the performance of its
3. The Board shall have the right to publish a report on any matter dealt
functions, and in particular :
with under the provisions of this article, and communicate it to the Council,
(a) An annual report on the working of the Convention within each of their
which shall forward it to all Parties. If the Board publishes in this report a
territories;
decision taken under this article or any information relating thereto, it shall also
(b) The text of all laws and regulations from time to time promulgated in
publish therein the views of the Government concerned if the latter so
order to give effect to this Convention;
requests.
(c) Such particulars as the Commission shall determine concerning cases
4. If in any case a decision of the Board which is published under this
of illicit traffic, including particulars of each case of illicit traffic discovered which
article is not unanimous, the views of the minority shall be stated.
may be of importance, because of the light thrown on the source from which
5. Any State shall be invited to be represented at a meeting of the Board
drugs are obtained for the illicit traffic, or because of quantities involved or the
at which a question directly interesting it is considered under this article.
method employed by illicit traffickers; and
(d) The names and addresses of the governmental authorities empowered to
6. Decisions of the Board under this article shall be taken by a two-thirds
issue export and import authorizations or certificates.
majority of the whole number of the Board.
2. Parties shall furnish the information referred to in the preceding
paragraph in such manner and by such dates and use such forms as the Com-
Article 15
mission may request.
REPORTS OF THE BOARD
Article 19
1. The Board shall prepare an annual report on its work and such ad-
ESTIMATES OF DRUG REQUIREMENTS
ditional reports as it considers necessary containing also an analysis of the
estimates and statistical information at its disposal, and, in appropriate cases, an
1. The Parties shall furnish to the Board each year for each of their ter-
account of the explanations, if any, given by or required of Governments,
ritories, in the manner and form prescribed by the Board, estimates on forms
together with any observations and recommendations which the Board desires to
supplied by it in respect of the following matters
make. These reports shall be submitted to the Council through the Com-
(a) Quantities of drugs to be consumed for medical and scientific purposes;
mission, which may make such comments as it sees fit.
(b) Quantities of drugs to be utilized for the manufacture of other drugs, of
2. The reports shall be communicated to the Parties and subsequently
preparations in Schedule III, and of substances not covered by this Convention;
published by the Secretary-General. The Parties shall permit their unrestricted
(c) Stocks of drugs to be held as at 31 December of the year to which the
distribution.
estimates relate; and
(d) Quantities of drugs necessary for addition to special stocks.
Article 16
2. Subject to the deductions referred to in paragraph 3 of article 21, the
SECRETARIAT
total of the estimates for each territory and each drug shall consist of the sum of
the amounts specified under sub-paragraphs (a), (b) and (d) of paragraph 1 of this
The secretariat services of the Commission and the Board shall be furnished
article, with the addition of any amount required to bring the actual stocks on
by the Secretary-General.
hand at 31 December of the preceding year to the level estimated as provided in
sub-paragraph (c) of paragraph 1.
Article 17
3. Any State may during the year furnish supplementary estimates with an
SPECIAL ADMINISTRATION
explanation of the circumstances necessitating such estimates.
The Parties shall maintain a special administration for the purpose of
4. The Parties shall inform the Board of the method used for determining
applying the provisions of this Convention.
quantities shown in the estimates and of any changes in the said method.
20
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5. Subject to the deductions referred to in paragraph 3 of article 21, the
(b) The quantity used, within the limit of the relevant estimate, for the
estimates shall not be exceeded.
manufacture of other drugs, of preparations in Schedule III, and of substances
not covered by this Convention;
Article 20
(c) The quantity exported;
STATISTICAL RETURNS TO BE FURNISHED TO THE BOARD
(d) The quantity added to the stock for the purpose of bringing that stock
1. The Parties shall furnish to the Board for each of their territories, in
up to the level specified in the relevant estimate; and
the manner and form prescribed by the Board, statistical returns on forms
(e) The quantity acquired within the limit of the relevant estimate for
supplied by it in respect of the following matters
special purposes.
(a) Production or manufacture of drugs;
2. From the sum of the quantities specified in paragraph 1 there shall be
(b) Utilization of drugs for the manufacture of other drugs, of preparations
deducted any quantity that has been seized and released for licit use, as well as
in Schedule III and of substances not covered by this Convention, and utilization
any quantity taken from special stocks for the requirements of the civilian
of poppy straw for the manufacture of drugs;
population.
(c) Consumption of drugs;
3. If the Board finds that the quantity manufactured and imported in any
(d) Imports and exports of drugs and poppy straw;
one year exceeds the sum of the quantities specified in paragraph 1, less any
deductions required under paragraph 2 of this article, any excess so established
(e) Seizures of drugs and disposal thereof; and
and remaining at the end of the year shall, in the following year, be deducted
(f) Stocks of drugs as at 31 December of the year to which the returns
from the quantity to be manufactured or imported and from the total of the
relate.
estimates as defined in paragraph 2 of article 19.
2. (a) The statistical returns in respect of the matters referred to in
4. (a) If it appears from the statistical returns on imports or exports
paragraph 1, except sub-paragraph (d), shall be prepared annually and shall be
(article 20) that the quantity exported to any country or territory exceeds the
furnished to the Board not later than 30 June following the year to which they
total of the estimates for that country or territory, as defined in paragraph 2
relate.
of article 19, with the addition of the amounts shown to have been exported, and
(b) The statistical returns in respect to the matters referred to in sub-
after deduction of any excess as established in paragraph 3 of this article, the
paragraph (d) of paragraph 1 shall be prepared quarterly and shall be furnished
Board may notify this fact to States which, in the opinion of the Board, should
to the Board within one month after the end of the quarter to which they relate.
be so informed;
3. In addition to the matters referred to in paragraph 1 of this article the
(b) On receipt of such a notification, Parties shall not during the year in
Parties may as far as possible also furnish to the Board for each of their territories
question authorize any further exports of the drug concerned to that country or
information in respect of areas (in hectares) cultivated for the production of
territory, except:
opium.
(i) In the event of a supplementary estimate being furnished for that
4. The Parties are not required to furnish statistical returns respecting
country or territory in respect both of any quantity over-imported and of the
special stocks, but shall furnish separately returns respecting drugs imported into
additional quantity required, or
or procured within the country or territory for special purposes, as well as
(ii) In exceptional cases where the export, in the opinion of the government
quantities of drugs withdrawn from special stocks to meet the requirements of
of the exporting country, is essential for the treatment of the sick.
the civilian population.
Article 21
Article 22
SPECIAL PROVISION APPLICABLE TO CULTIVATION
LIMITATION OF MANUFACTURE AND IMPORTATION
1. The total of the quantities of each drug manufactured and imported
Whenever the prevailing conditions in the country or a territory of a Party
by any country or territory in any one year shall not exceed the sum of the
render the prohibition of the cultivation of the opium poppy, the coca bush or the
following
cannabis plant the most suitable measure, in its opinion, for protecting the
(a) The quantity consumed, within the limit of the relevant estimate, for
public health and welfare and preventing the diversion of drugs into the illicit
traffic, the Party concerned shall prohibit cultivation.
medical and scientific purposes;
23
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Article 23
(i) The controls in force as required by this Convention respecting the
NATIONAL OPIUM AGENCIES
opium to be produced and exported; and
(ii) The name of the country or countries to which it expects to export such
1. A Party that permits the cultivation of the opium poppy for the pro-
opium;
duction of opium shall establish, if it has not already done so, and maintain, one
and the Board may either approve such notification or may recommend to the
or more government agencies (hereafter in this article referred to as the Agency)
Party that it not engage in the production of opium for export.
to carry out the functions required under this article.
(b) Where a Party other than a Party referred to in paragraph 3 desires to
2. Each such Party shall apply the following provisions to the cultivation
produce opium for export in amounts exceeding five tons annually, it shall
of the opium poppy for the production of opium and to opium :
notify the Council, furnishing with such notification relevant information
(a) The Agency shall designate the areas in which, and the plots of land on
including :
which, cultivation of the opium poppy for the purpose of producing opium shall
(i) The estimated amounts to be produced for export;
be permitted.
(ii) The controls existing or proposed respecting the opium to be produced;
(b) Only cultivators licensed by the Agency shall be authorized to engage in
(iii) The name of the country or countries to which it expects to export
such cultivation.
such opium;
(c) Each licence shall specify the extent of the land on which the cultivation
and the Council shall either approve the notification or may recommend to the
is permitted.
Party that it not engage in the production of opium for export.
(d) All cultivators of the opium poppy shall be required to deliver their
3. Notwithstanding the provisions of sub-paragraphs (a) and (b) of
total crops of opium to the Agency. The Agency shall purchase and take
paragraph 2, a Party that during ten years immediately prior to 1 January 1961
physical possession of such crops as soon as possible, but not later than four
exported opium which such country produced may continue to export opium
months after the end of the harvest.
which it produces.
(e) The Agency shall, in respect of opium, have the exclusive right of
importing, exporting, wholesale trading and maintaining stocks other than those
4. (a) A Party shall not import opium from any country or territory except
held by manufacturers of opium alkaloids, medicinal opium or opium prepara-
opium produced in the territory of :
tions. Parties need not extend this exclusive right to medicinal opium and opium
(i) A Party referred to in paragraph 3;
preparations.
(ii) A Party that has notified the Board as provided in sub-paragraph (a) of
3. The governmental functions referred to in paragraph 2 shall be dis-
paragraph 2; or
charged by a single government agency if the constitution of the Party concerned
(iii) A Party that has received the approval of the Council as provided in
permits it.
sub-paragraph (b) of paragraph 2.
(b) Notwithstanding sub-paragraph (a) of this paragraph, a Party may
Article 24
import opium produced by any country which produced and exported opium
LIMITATION ON PRODUCTION OF OPIUM FOR INTERNATIONAL TRADE
during the ten years prior to 1 January 1961 if such country has established
and maintains a national control organ or agency for the purposes set out in
1. (a) If any Party intends to initiate the production of opium or to in-
article 23 and has in force an effective means of ensuring that the opium it
crease existing production, it shall take account of the prevailing world need for
produces is not diverted into the illicit traffic.
opium in accordance with the estimates thereof published by the Board so that
5. The provisions of this article do not prevent a Party
the production of opium by such Party does not result in over-production of
opium in the world.
(a) From producing opium sufficient for its own requirements; or
(b) A Party shall not permit the production of opium or increase the
(b) From exporting opium seized in the illicit traffic, to another Party in
existing production thereof if in its opinion such production or increased
accordance with the requirements of this Convention.
production in its territory may result in illicit traffic in opium.
Article 25
2. (a) Subject to paragraph 1, where a Party which as of 1 January 1961
was not producing opium for export desires to export opium which it produces,
CONTROL OF POPPY STRAW
in amounts not exceeding five tons annually, it shall notify the Board, furnishing
1. A Party that permits the cultivation of the opium poppy for purposes
with such notification information regarding
other than the production of opium shall take all measures necessary to ensure
24
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Article 29
(a) That opium is not produced from such opium poppies; and
MANUFACTURE
(b) That the manufacture of drugs from poppy straw is adequately con-
trolled.
1. The Parties shall require that the manufacture of drugs be under licence
2. The Parties shall apply to poppy straw the system of import certificates
except where such manufacture is carried out by a State enterprise or State
and export authorizations as provided in article 31, paragraphs 4 to 15.
enterprises.
2. The Parties shall :
3. The Parties shall furnish statistical information on the import and export
of poppy straw as required for drugs under article 20, paragraphs 1 (d) and 2 (b).
(a) Control all persons and enterprises carrying on or engaged in the manu-
facture of drugs;
(b) Control under licence the establishments and premises in which such
Article 26
manufacture may take place; and
THE COCA BUSH AND COCA LEAVES
(c) Require that licensed manufacturers of drugs obtain periodical permits
specifying the kinds and amounts of drugs which they shall be entitled to
1. If a Party permits the cultivation of the coca bush, it shall apply thereto
manufacture. A periodical permit, however, need not be required for prepa-
and to coca leaves the system of controls as provided in article 23 respecting the
rations.
control of the opium poppy, but as regards paragraph 2 (d) of that article, the
requirements imposed on the Agency therein referred to shall be only to take
3. The Parties shall prevent the accumulation, in the possession of drug
physical possession of the crops as soon as possible after the end of the harvest.
manufacturers, of quantities of drugs and poppy straw in excess of those re-
2. The Parties shall so far as possible enforce the uprooting of all coca
quired for the normal conduct of business, having regard to the prevailing market
conditions.
bushes which grow wild. They shall destroy the coca bushes if illegally
cultivated.
Article 30
Article 27
TRADE AND DISTRIBUTION
ADDITIONAL PROVISIONS RELATING TO COCA LEAVES
1. (a) The Parties shall require that the trade in and distribution of
1. The Parties may permit the use of coca leaves for the preparation of a
drugs be under licence except where such trade or distribution is carried out by
flavouring agent, which shall not contain any alkaloids, and, to the extent
a State enterprise or State enterprises.
necessary for such use, may permit the production, import, export, trade in and
(b) The Parties shall :
possession of such leaves.
(i) Control all persons and enterprises carrying on or engaged in the trade
2. The Parties shall furnish separately estimates (article 19) and statistical
in or distribution of drugs;
information (article 20) in respect of coca leaves for preparation of the flavouring
(ii) Control under licence the establishments and premises in which such
agent, except to the extent that the same coca leaves are used for the extraction of
trade or distribution may take place. The requirement of licensing need not
alkaloids and the flavouring agent, and so explained in the estimates and sta-
apply to preparations.
tistical information.
(c) The provisions of sub-paragraphs (a) and (b) relating to licensing need
not apply to persons duly authorized to perform and while performing therapeutic
Article 28
or scientific functions.
CONTROL OF CANNABIS
2. The Parties shall also
(a) Prevent the accumulation in the possession of traders, distributors,
1. If a Party permits the cultivation of the cannabis plant for the produc-
State enterprises or duly authorized persons referred to above, of quantities of
tion of cannabis or cannabis resin, it shall apply thereto the system of controls as
drugs and poppy straw in excess of those required for the normal conduct of
provided in article 23 respecting the control of the opium poppy.
business, having regard to the prevailing market conditions; and
2. This Convention shall not apply to the cultivation of the cannabis plant
(b) (i) Require medical prescriptions for the supply or dispensation of
exclusively for industrial purposes (fibre and seed) or horticultural purposes.
drugs to individuals. This requirement need not apply to such drugs as indivi-
3. The Parties shall adopt such measures as may be necessary to prevent
duals may lawfully obtain, use, dispense or administer in connexion with their
the misuse of, and illicit traffic in, the leaves of the cannabis plant.
duly authorized therapeutic functions; and
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Reproduced at the Richard Nixon Presidential Library
(ii) If the Parties deem these measures necessary or desirable, require that
name and address of the importer and exporter, and shall specify the period
prescriptions for drugs in Schedule I should be written on official forms to be
within which the importation or exportation must be effected.
issued in the form of counterfoil books by the competent governmental authori-
(c) The export authorization shall also state the number and date of the
ties or by authorized professional associations.
import certificate (paragraph 5) and the authority by whom it has been issued.
3. It is desirable that Parties require that written or printed offers of drugs,
(d) The import authorization may allow an importation in more than one
advertisements of every kind or descriptive literature relating to drugs and
consignment.
used for commercial purposes, interior wrappings of packages containing drugs,
5. Before issuing an export authorization the Parties shall require an import
and labels under which drugs are offered for sale indicate the international
certificate, issued by the competent authorities of the importing country or
non-proprietary name communicated by the World Health Organization.
territory and certifying that the importation of the drug or drugs referred to
4. If a Party considers such measure necessary or desirable, it shall
therein, is approved and such certificate shall be produced by the person
require that the inner package containing a drug or wrapping thereof shall bear a
or establishment applying for the export authorization. The Parties shall
clearly visible double red band. The exterior wrapping of the package in which
follow as closely as may be practicable the form of import certificate approved
such drug is contained shall not bear a double red band.
by the Commission.
5. A Party shall require that the label under which a drug is offered for
6. A copy of the export authorization shall accompany each consignment,
sale show the exact drug content by weight or percentage. This requirement of
and the Government issuing the export authorization shall send a copy to the
label information need not apply to a drug dispensed to an individual on medical
Government of the importing country or territory.
prescription.
7. (a) The Government of the importing country or territory, when the
6. The provisions of paragraphs 2 and 5 need not apply to the retail trade
importation has been effected or when the period fixed for the importation has
in or retail distribution of drugs in Schedule II.
expired, shall return the export authorization with an endorsement to that effect,
to the Government of the exporting country or territory.
Article 31
(b) The endorsement shall specify the amount actually imported.
SPECIAL PROVISIONS RELATING TO INTERNATIONAL TRADE
(c) If a lesser quantity than that specified in the export authorization is
1. The Parties shall not knowingly permit the export of drugs to any coun-
actually exported, the quantity actually exported shall be stated by the competent
try or territory except
authorities on the export authorization and on any official copy thereof.
(a) In accordance with the laws and regulations of that country or territory;
8. Exports of consignments to a post office box, or to a bank to the account
and
of a party other than the party named in the export authorization, shall be
(b) Within the limits of the total of the estimates for that country or terri-
prohibited.
tory, as defined in paragraph 2 of article 19, with the addition of the amounts
9. Exports of consignments to a bonded warehouse are prohibited unless
intended to be re-exported.
the government of the importing country certifies on the import certificate,
2. The Parties shall exercise in free ports and zones the same supervision
produced by the person or establishment applying for the export authorization,
and control as in other parts of their territories, provided, however, that they
that it has approved the importation for the purpose of being placed in a bonded
may apply more drastic measures.
warehouse. In such case the export authorization shall specify that the consign-
ment is exported for such purpose. Each withdrawal from the bonded ware-
3. The Parties shall :
house shall require a permit from the authorities having jurisdiction over the
(a) Control under licence the import and export of drugs except where such
warehouse and, in the case of a foreign destination shall be treated as if it were a
import or export is carried out by a State enterprise or enterprises;
new export within the meaning of this Convention.
(b) Control all persons and enterprises carrying on or engaged in such im-
10. Consignments of drugs entering or leaving the territory of a Party not
port or export.
accompanied by an export authorization shall be detained by the competent
4. (a) Every Party permitting the import or export of drugs shall require
authorities.
a separate import or export authorization to be obtained for each such import
11. A Party shall not permit any drugs consigned to another country to
or export whether it consists of one or more drugs.
pass through its territory, whether or not the consignment is removed from the
(b) Such authorization shall state the name of the drug, the international
conveyance in which it is carried, unless a copy of the export authorization for
non-proprietary name if any, the quantity to be imported or exported, and the
such consignment is produced to the competent authorities of such Party.
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Article 33
12. The competent authorities of any country or territory through which a
consignment of drugs is permitted to pass shall take all due measures to prevent
POSSESSIONS OF DRUGS
the diversion of the consignment to a destination other than that named in the
accompanying copy of the export authorization unless the Government of that
The Parties shall not permit the possession of drugs except under legal
country or territory through which the consignment is passing authorizes the
authority.
diversion. The Government of the country or territory of transit shall treat any
requested diversion as if the diversion were an export from the country or terri-
Article 34
tory of transit to the country or territory of new destination. If the diversion is
MEASURES OF SUPERVISION AND INSPECTION
authorized, the provisions of paragraph 7 (a) and (b) shall also apply between the
country or territory of transit and the country or territory which originally
The Parties shall require :
exported the consignment.
(a) That all persons who obtain licences as provided in accordance with this
13. No consignment of drugs while in transit, or whilst being stored in a
Convention, or who have managerial or supervisory positions in a State enter-
bonded warehouse, may be subjected to any process which would change the
prise established in accordance with this Convention, shall have adequate quali-
nature of the drugs in question. The packing may not be altered without the
fications for the effective and faithful execution of the provisions of such laws
permission of the competent authorities.
and regulations as are enacted in pursuance thereof; and
14. The provisions of paragraphs 11 to 13 relating to the passage of drugs
(b) That governmental authorities, manufacturers, traders, scientists,
through the territory of a Party do not apply where the consignment in question
scientific institutions and hospitals keep such records as will show the quantities
is transported by aircraft which does not land in the country or territory of
of each drug manufactured and of each individual acquisition and disposal of
transit. If the aircraft lands in any such country or territory, those provisions
drugs. Such records shall respectively be preserved for a period of not less than
shall be applied so far as circumstances require.
two years. Where counterfoil books (article 30, paragraph 2 (b)) of official
15. The provisions of this article are without prejudice to the provisions of
prescriptions are used, such books including the counterfoils shall also be kept for
any international agreements which limit the control which may be exercised by
a period of not less than two years.
any of the Parties over drugs in transit.
16. Nothing in this article other than paragraphs 1 (a) and 2 need apply in
Article 35
the case of preparations in Schedule III.
ACTION AGAINST THE ILLICIT TRAFFIC
Article 32
Having due regard to their constitutional, legal and administrative systems,
SPECIAL PROVISIONS CONCERNING THE CARRIAGE OF DRUGS IN FIRST-AID KITS OF
the Parties shall :
SHIPS OR AIRCRAFT ENGAGED IN INTERNATIONAL TRAFFIC
(a) Make arrangements at the national level for co-ordination of preventive
1. The international carriage by ships or aircraft of such limited amounts of
and repressive action against the illicit traffic; to this end they may usefully
drugs as may be needed during their journey or voyage for first-aid purposes or
designate an appropriate agency responsible for such co-ordination;
emergency cases shall not be considered to be import, export or passage through a
(b) Assist each other in the campaign against the illicit traffic in narcotic
country within the meaning of this Convention.
drugs;
2. Appropriate safeguards shall be taken by the country of registry to
(c) Co-operate closely with each other and with the competent international
prevent the improper use of the drugs referred to in paragraph 1 or their diversion
organizations of which they are members with a view to maintaining a co-
for illicit purposes. The Commission, in consultation with the appropriate
ordinated campaign against the illicit traffic;
international organizations, shall recommend such safeguards.
(d) Ensure that international co-operation between the appropriate agencies
be conducted in an expeditious manner; and
3. Drugs carried by ships or aircraft in accordance with paragraph 1 shall
be subject to the laws, regulations, permits and licences of the country of registry,
(e) Ensure that where legal papers are transmitted internationally for the
without prejudice to any rights of the competent local authorities to carry out
purposes of a prosecution, the transmittal be effected in an expeditious manner to
checks, inspections and other control measures on board ships or aircraft. The
the bodies designated by the Parties; this requirement shall be without prejudice
administration of such drugs in the case of emergency shall not be considered a
to the right of a Party to require that legal papers be sent to it through the diplo-
violation of the requirements of article 30, paragraph 2 (b).
matic channel.
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Article 37
Article 36
SEIZURE AND CONFISCATION
PENAL PROVISIONS
Any drugs, substances and equipment used in or intended for the commis-
sion of any of the offences, referred to in article 36, shall be liable to seizure and
1. Subject to its constitutional limitations, each Party shall adopt such
confiscation.
measures as will ensure that cultivation, production, manufacture, extraction,
preparation, possession, offering, offering for sale, distribution, purchase, sale,
Article 38
delivery on any terms whatsoever, brokerage, dispatch, dispatch in transit,
transport, importation and exportation of drugs contrary to the provisions of this
TREATMENT OF DRUG ADDICTS
Convention, and any other action which in the opinion of such Party may be
contrary to the provisions of this Convention, shall be punishable offences when
1. The Parties shall give special attention to the provision of facilities for
committed intentionally, and that serious offences shall be liable to adequate
the medical treatment, care and rehabilitation of drug addicts.
punishment particularly by imprisonment or other penalties of deprivation of
2. If a Party has a serious problem of drug addiction and its economic re-
liberty.
sources permit, it is desirable that it establish adequate facilities for the effective
2. Subject to the constitutional limitations of a Party, its legal system and
treatment of drug addicts.
domestic law,
(a) (i) Each of the offences enumerated in paragraph 1, if committed in
Article 39
different countries, shall be considered as a distinct offence;
APPLICATION OF STRICTER NATIONAL CONTROL MEASURES THAN THOSE REQUIRED
(ii) Intentional participation in, conspiracy to commit and attempts to
BY THIS CONVENTION
commit, any of such offences, and preparatory acts and financial operations in
connexion with the offences referred to in this article, shall be punishable
Notwithstanding anything contained in this Convention, a Party shall not
offences as provided in paragraph 1;
be, or be deemed to be, precluded from adopting measures of control more strict
(iii) Foreign convictions for such offences shall be taken into account for the
or severe than those provided by this Convention and in particular from requiring
purpose of establishing recidivism; and
that preparations in Schedule III or drugs in Schedule II be subject to all or
such of the measures of control applicable to drugs in Schedule I as in its
(iv) Serious offences heretofore referred to committed either by nationals or
opinion is necessary or desirable for the protection of the public health or
by foreigners shall be prosecuted by the Party in whose territory the offence was
welfare.
committed, or by the Party in whose territory the offender is found if extradi-
tion is not acceptable in conformity with the law of the Party to which application
Article 40
is made, and if such offender has not already been prosecuted and judgement
given.
LANGUAGES OF THE CONVENTION AND PROCEDURE FOR SIGNATURE, RATIFICATION
(b) It is desirable that the offences referred to in paragraph 1 and para-
AND ACCESSION
graph 2 (a) (ii) be included as extradition crimes in any extradition treaty which
has been or may hereafter be concluded between any of the Parties, and, as be-
1. This Convention, of which the Chinese, English, French, Russian and
tween any of the Parties which do not make extradition conditional on the exis-
Spanish texts are equally authentic, shall be open for signature until 1 August
tence of a treaty or on reciprocity, be recognized as extradition crimes; provided
1961 on behalf of any Member of the United Nations, of any non-member
that extradition shall be granted in conformity with the law of the Party to which
State which is a Party to the Statute of the International Court of Justice or
application is made, and that the Party shall have the right to refuse to effect the
member of a specialized agency of the United Nations, and also of any other
arrest or grant the extradition in cases where the competent authorities consider
State which the Council may invite to become a Party.
that the offence is not sufficiently serious.
2. This Convention is subject to ratification. The instruments of ratifi-
3. The provisions of this article shall be subject to the provisions of the
cation shall be deposited with the Secretary-General.
criminal law of the Party concerned on questions of jurisdiction.
3. This Convention shall be open after 1 August 1961 for accession by the
4. Nothing contained in this article shall affect the principle that the
States referred to in Paragraph 1. The instruments of accession shall be de-
offences to which it refers shall be defined, prosecuted and punished in con-
posited with the Secretary-General.
formity with the domestic law of a Party.
33
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Presidential
Library
Article 41
(a) International Opium Convention, signed at The Hague on 23 January
1912;
ENTRY INTO FORCE
(b) Agreement concerning the Manufacture of, Internal Trade in and Use
1. This Convention shall come into force on the thirtieth day following the
of Prepared Opium, signed at Geneva on 11 February 1925;
date on which the fortieth instrument of ratification or accession is deposited in
(c) International Opium Convention, signed at Geneva on 19 February
accordance with article 40.
1925;
2. In respect of any other State depositing an instrument of ratification or
(d) Convention for Limiting the Manufacture and Regulating the Distribu-
accession after the date of deposit of the said fortieth instrument, this Convention
tion of Narcotic Drugs, signed at Geneva on 13 July 1931;
shall come into force on the thirtieth day after the deposit by that State of its
(e) Agreement for the Control of Opium Smoking in the Far East, signed
instrument of ratification or accession.
at Bangkok on 27 November 1931;
Article 42
(f) Protocol signed at Lake Success on 11 December 1946, amending the
Agreements, Conventions and Protocols on Narcotic Drugs concluded at The
TERRITORIAL APPLICATION
Hague on 23 January 1912, at Geneva on 11 February 1925 and 19 February
This Convention shall apply to all non-metropolitan territories for the
1925 and 13 July 1931, at Bangkok on 27 November 1931 and at Geneva on
international relations of which any Party is responsible, except where the
26 June 1936, except as it affects the last-named Convention;
previous consent of such a territory is required by the Constitution of the Party
(g) The Conventions and Agreements referred to in sub-paragraphs (a) to
or of the territory concerned, or required by custom. In such case the Party
(e) as amended by the Protocol of 1946 referred to in sub-paragraph (f);
shall endeavour to secure the needed consent of the territory within the shortest
(h) Protocol signed at Paris on 19 November 1948 Bringing under Interna-
period possible, and when that consent is obtained the Party shall notify the
tional Control Drugs outside the Scope of the Convention of 13 July 1931 for
Secretary-General. This Convention shall apply to the territory or territories
Limiting the Manufacture and Regulating the Distribution of Narcotic Drugs,
named in such notification from the date of its receipt by the Secretary-General.
as amended by the Protocol signed at Lake Success on 11 December 1946;
In those cases where the previous consent of the non-metropolitan territory is
(i) Protocol for Limiting and Regulating the Cultivation of the Poppy Plant,
not required, the Party concerned shall, at the time of signature, ratification or
the Production of, International and Wholesale Trade in, and Use of Opium,
accession, declare the non-metropolitan territory or territories to which this
signed at New York on 23 June 1953, should that Protocol have come into force.
Convention applies.
2. Upon the coming into force of this Convention, article 9 of the Con-
vention for the Suppression of the Illicit Traffic in Dangerous Drugs, signed at
Article 43
Geneva on 26 June 1936, shall, between the Parties thereto which are also Parties
TERRITORIES FOR THE PURPOSES OF ARTICLES 19, 20, 21 AND 31
to this Convention, be terminated, and shall be replaced by paragraph 2 (b) of
article 36 of this Convention; provided that such a Party may by notification to
1. Any Party may notify the Secretary-General that, for the purposes of
the Secretary-General continue in force the said article 9.
articles 19, 20, 21 and 31, one of its territories is divided into two or more ter-
ritories, or that two or more of its territories are consolidated into a single
Article 45
territory.
TRANSITIONAL PROVISIONS
2. Two or more Parties may notify the Secretary-General that, as the
result of the establishment of a customs union between them, those Parties
1. The functions of the Board provided for in article 9 shall, as from the
constitute a single territory for the purposes of articles 19, 20, 21 and 31.
date of the coming into force of this Convention (article 41, paragraph 1), be
3. Any notification under paragraph 1 or 2 above shall take effect on 1 Janu-
provisionally carried out by the Permanent Central Board constituted under
ary of the year following the year in which the notification was made.
chapter VI of the Convention referred to in article 44 (c) as amended, and by the
Supervisory Body constituted under chapter II of the Convention referred to in
Article 44
article 44 (d) as amended, as such functions may respectively require.
2. The Council shall fix the date on which the new Board referred to in
TERMINATION OF PREVIOUS INTERNATIONAL TREATIES
article 9 shall enter upon its duties. As from that date that Board shall, with
1. The provisions of this Convention, upon its coming into force, shall, as
respect to the States Parties to the treaties enumerated in article 44 which
between Parties hereto, terminate and replace the provisions of the following
are not Parties to this Convention, undertake the functions of the Permanent
treaties :
Central Board and of the Supervisory Body referred to in paragraph 1.
34
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Reproduced at the Richard Nixon Presidential Library
Article 46
2. Any such dispute which cannot be settled in the manner prescribed
shall be referred to the International Court of Justice for decision.
DENUNCIATION
Article 49
1. After the expiry of two years from the date of the coming into force of
this Convention (article 41, paragraph 1) any Party may, on its own behalf or on
TRANSITIONAL RESERVATIONS
behalf of a territory for which it has international responsibility, and which has
withdrawn its consent given in accordance with article 42, denounce this Con-
1. A Party may at the time of signature, ratification or accession reserve
vention by an instrument in writing deposited with the Secretary-General.
the right to permit temporarily in any one of its territories
2. The denunciation, if received by the Secretary-General on or before the
(a) The quasi-medical use of opium;
first day of July in any year, shall take effect on the first day of January in the
(b) Opium smoking;
succeeding year, and if received after the first day of July, shall take effect as if it
(c) Coca leaf chewing;
had been received on or before the first day of July in the succeeding year.
(d) The use of cannabis, cannabis resin, extracts and tinctures of cannabis
3. This Convention shall be terminated if, as a result of denunciations
for non-medical purposes; and
made in accordance with paragraph 1, the conditions for its coming into force as
(e) The production and manufacture of and trade in the drugs referred to
laid down in article 41, paragraph 1, cease to exist.
under (a) to (d) for the purposes mentioned therein.
2. The reservations under paragraph 1 shall be subject to the following
Article 47
restrictions
AMENDMENTS
(a) The activities mentioned in paragraph 1 may be authorized only to the
extent that they were traditional in the territories in respect of which the reserva-
1. Any Party may propose an amendment to this Convention. The text
tion is made, and were there permitted on 1 January 1961.
of any such amendment and the reasons therefor shall be communicated to the
(b) No export of the drugs referred to in paragraph 1 for the purposes men-
Secretary-General who shall communicate them to the Parties and to the
tioned therein may be permitted to a non-party or to a territory to which this
Council. The Council may decide either :
Convention does not apply under article 42.
(a) That a conference shall be called in accordance with Article 62, para-
(c) Only such persons may be permitted to smoke opium as were registered
graph 4, of the Charter of the United Nations to consider the proposed amend-
by the competent authorities to this effect on 1 January 1964.
ment; or
(d) The quasi-medical use of opium must be abolished within 15 years from
(b) That the Parties shall be asked whether they accept the proposed
the coming into force of this Convention as provided in paragraph 1 of article 41.
amendment and also asked to submit to the Council any comments on the
(e) Coca leaf chewing must be abolished within twenty-five years from the
proposal.
coming into force of this Convention as provided in paragraph 1 of article 41.
2. If a proposed amendment circulated under paragraph 1 (b) of this
(f) The use of cannabis for other than medical and scientific purposes must
article has not been rejected by any Party within eighteen months after it has been
be discontinued as soon as possible but in any case within twenty-five years from
circulated, it shall thereupon enter into force. If however a proposed amend-
the coming into force of this Convention as provided in paragraph 1 of article 41.
ment is rejected by any Party, the Council may decide, in the light of comments
(g) The production and manufacture of and trade in the drugs referred to in
received from Parties, whether a conference shall be called to consider such
paragraph 1 for any of the uses mentioned therein must be reduced and finally
amendment.
abolished simultaneously with the reduction and abolition of such uses.
3. A Party making a reservation under paragraph 1 shall
Article 48
(a) Include in the annual report to be furnished to the Secretary-General, in
DISPUTES
accordance with article 18, paragraph 1 (a), an account of the progress made in
1. If there should arise between two or more Parties a dispute relating to
the preceding year towards the abolition of the use, production, manufacture or
the interpretation or application of this Convention, the said Parties shall
trade referred to under paragraph 1; and
consult together with a view to the settlement of the dispute by negotiation,
(b) Furnish to the Board separate estimates (article 19) and statistical
investigation, mediation, conciliation, arbitration, recourse to regional bodies,
returns (article 20) in respect of the reserved activities in the manner and form
judicial process or other peaceful means of their own choice.
prescribed by the Board.
36
37
Reproduced at the Richard Nixon Presidential Library
(a) Signatures, ratifications and accessions in accordance with article 40;
4. (a) If a Party which makes a reservation under paragraph 1 fails to
furnish :
(b) The date upon which this Convention enters into force in accordance
with article 41;
(i) The report referred to in paragraph 3 (a) within six months after the end
of the year to which the information relates;
(c) Denunciations in accordance with article 46; and
(ii) The estimates referred to in paragraph 3 (b) within three months after
(d) Declarations and notifications under articles 42, 43, 47, 49 and 50.
the date fixed for that purpose by the Board in accordance with article 12,
IN WITNESS THEREOF, the undersigned, duly authorized, have signed this
paragraph 1;
Convention on behalf of their respective Governments
(iii) The statistics referred to in paragraph 3 (b) within three months after
DONE at New York, this thirtieth day of March one thousand nine hundred
the date on which they are due in accordance with article 20, paragraph 2,
and sixty one, in a single copy, which shall be deposited in the archives of the
the Board or the Secretary-General, as the case may be, shall send to the Party
United Nations, and of which certified true copies shall be transmitted to all the
concerned a notification of the delay, and shall request such information within
Members of the United Nations and to the other States referred to in article 40,
a period of three months after the receipt of that notification.
paragraph 1.
(b) If the Party fails to comply within this period with the request of the
Board or the Secretary-General, the reservation in question made under para-
graph 1 shall cease to be effective.
5. A State which has made reservations may at any time by notification in
writing withdraw all or part of its reservations.
Article 50
OTHER RESERVATIONS
1. No reservations other than those made in accordance with article 49
or with the following paragraphs shall be permitted.
2. Any State may at the time of signature, ratification or accession make
reservations in respect of the following provisions of this Convention article 12,
paragraphs 2 and 3; article 13, paragraph 2; article 14, paragraphs 1 and 2; article
31, paragraph 1 (b), and article 48.
3. A State which desires to become a Party but wishes to be authorized to
make reservations other than those made in accordance with paragraph 2 of this
article or with article 49 may inform the Secretary-General of such intention.
Unless by the end of twelve months after the date of the Secretary-General's
communication of the reservation concerned, this reservation has been objected
to by one third of the States that have ratified or acceded to this Convention
before the end of that period, it shall be deemed to be permitted, it being under-
stood however that States which have objected to the reservation need not
assume towards the reserving State any legal obligation under this Convention
which is affected by the reservation.
4. A State which has made reservations may at any time by notification in
writing withdraw all or part of its reservations.
Article 51
NOTIFICATIONS
The Secretary-General shall notify to all the States referred to in paragraph 1
of article 40
39
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Reproduced at the Richard Nixon Presidential Library
SCHEDULES
List of drugs included in Schedule I
ACETYLMETHADOL (3-acetoxy-6-dimethylamino-4,4-diphenylheptane)
ALLYLPRODINE (3-allyl-1-methyl-4-phenyl-4-propionoxypiperidine)
ALPHACETYLMETHADOL (alpha-3-acetoxy-6-dimethylamino-4,4-diphenylheptane)
ALPHAMEPRODINE (alpha-3-ethyl-1-methyl-4-phenyl-4-propionoxypiperidine)
ALPHAMETHADOL (alpha-6-dimethylamino-4,4-diphenyl-3-heptanol)
ALPHAPRODINE (alpha-1,3-dimethyl-4-phenyl-4-propionoxypiperidine)
ANILERIDINE (1-para-aminophenethyl-4-phenylpiperidine-4-carboxylic acid ethyl ester)
BENZETHIDINE (1-(2-benzyloxyethyl)-4-phenylpiperidine-4-carboxylic acid ethyl ester)
BENZYLMORPHINE (3-benzylmorphine)
BETACETYLMETHADOL (beta-3-acetoxy-6-dimethylamino-4,4-diphenylheptane)
BETAMEPRODINE eta-3-ethyl-1-methyl-4-phenyl-4-propionoxypiperidine)
BETAMETHADOL (beta-6-dimethylamino-4,4-diphenyl-3-heptanol)
BETAPRODINE (beta-1,3-dimethyl-4-phenyl-4-propionoxypiperidine)
CANNABIS and CANNABIS RESIN and EXTRACTS and TINCTURES of CANNABIS
CLONITAZENE (2-para-chlorbenzyl-1-diethylaminoethyl-5-nitrobenzimidazole)
COCA LEAF
COCAINE (methyl ester of benzoylecgonine)
CONCENTRATE OF POPPY STRAW (the material arising when poppy straw has entered into
a process for the concentration of its alkaloids, when such material is made available
in trade)
DESOMORPHINE (dihydrodeoxymorphine)
DEXTROMORAMIDE ((+)-4-[2-methyl-4-oxo-3,3-diphenyl-4-(1-pyrrolidinyl) butyl] mor-
pholine)
DIAMPROMIDE (N-[2-methylphenethylamino) propyl] propionanilide)
DIETHYLTHIAMBUTENE (3-diethylamino-1,1-di-(2'-thienyl)-1-butene)
DIHYDROMORPHINE
DIMENOXADOL (2-dimethylaminoethyl-1-ethoxy-1,1-diphenylacetate)
DIMEPHEPTANOL (6-dimethylamino-4,4-diphenyl-3-heptanol)
DIMETHYLTHIAMBUTENE (3-dimethylamino-1,1-di-(2'-thienyl)-1-butene)
DIOXAPHETYL BUTYRATE(ethyl 4-morpholino-2,2-diphenylbutyrate)
DIPHENOXYLATE (1-(3-cyano-3,3-diphenylpropyl)-4-phenylpiperidine-4-carboxylic acid
ethyl ester)
DIPIPANONE (4,4-diphenyl-6-piperidine-3-heptanone)
ECGONINE, its esters and derivatives which are convertible to ecgonine and cocaine
ETHYLMETHYLTHIAMBUTENE (3-ethylmethylamino-1,1-di-(2'-thienyl)-1-butene)
ETONITAZENE (1-diethylaminoethyl-2-para-ethoxybenzyl-5-nitrobenzimidazole)
ETOXERIDINE (1-[2-(2-hydroxyethoxy) ethyl]-4-phenylpiperidine-4-carboxylic acid ethyl
ester)
FURETHIDINE (1-(2-tetrahydrofurfuryloxyethyl)-4-phenylpiperidine-4-carboxylic acid
ethyl ester)
HEROIN (diacetylmorphine)
HYDROCODONE (dihydrocodeinone)
HYDROMORPHINOL (14-hydroxydihydromorphine)
HYDROMORPHONE (dihydromorphinone)
HYDROXYPETHIDINE (4-meta-hydroxyphenyl-1-methylpiperidine-4-carboxylic acid ethyl
ester)
ISOMETHADONE (6-dimethylamino-5-methyl-4,4-diphenyl-3-hexanone)
41
Reproduced at the Richard Nixon Presidential Library
KETOBEMIDONE (4-meta-hydroxyphenyl-1-methyl-4-propionylpiperidine)
LEVOMETHORPHAN* ((-)-3-methoxy-N-methylmorphinan)
List of drugs included in Schedule II
LEVOMORAMIDE (-)-4-[2-methyl-4-oxo-3,3-diphenyl-4-(1-pyrrolidiny]) butyl] mor-
ACETYLDIHYDROCODEINE
pholine)
LEVOPHENACYLMORPHAN (()-3-hydroxy-N-phenacylmorphinan)
CODEINE (3-methylmorphine)
LEVORPHANOL* ((-)-3-hydroxy-N-methylmorphinan)
DEXTROPROPOXYPHENE ((+)-4-dimethylamino-3-methyl-1,2-diphenyl-2-propionoxy-
METAZOCINE (2'-hydroxy-2,5,9-trimethyl-6,7-benzomorphan)
butane)
DIHYDROCODEINE
METHADONE (6-dimethylamino-4,4-diphenyl-3-heptanone)
METHYLDESORPHINE (6-methyl-delta 6-deoxymorphine)
ETHYLMORPHINE (3-ethylmorphine)
METHYLDIHYDROMORPHINE (6-methyldihydromorphine)
NORCODEINE (N-demethylcodeine)
1-Methyl-4-phenylpiperidine-4-carboxylic acid
PHOLCODINE (morpholinylethylmorphine); and
METOPON (5-methyldihydromorphinone)
The isomers, unless specifically excepted, of the drugs in this Schedule whenever
MORPHERIDINE (1-(2-morpholinoethyl)-4-phenylpiperidine-4-carboxylic acid ethyl ester)
the existence of such isomers is possible within the specific chemical designation;
MORPHINE
MORPHINE METHOBROMIDE and other pentavalent nitrogen morphine derivatives
The salts of the drugs listed in this Schedule, including the salts of the isomers
MORPHINE-N-OXIDE
as provided above whenever the existence of such salts is possible.
MYROPHINE (myristylbenzylmorphine)
NICOMORPHINE (3,6-dinicotinylmorphine)
NORLEVORPHANOL ((-)-3-hydroxymorphinan)
NORMETHADONE (6-dimethylamino-4,4-diphenyl-3-hexanone)
NORMORPHINE (demethylmorphine)
OPIUM
OXYCODONE (14-hydroxydihydrocodeinone)
OXYMORPHONE (14-hydroxydihydromorphinone)
PETHIDINE (1-methyl-4-phenylpiperidine-4-carboxylic acid ethyl ester)
PHENADOXONE (6-morpholino-4,4-diphenyl-3-heptanone)
PHENAMPROMIDE (N-(1-methyl-2-piperidinoethyl) propionanilide)
PHENAZOCINE (2'-hydroxy-5,9-dimethyl-2-phenethyl-6,7-benzomorphan)
PHENOMORPHAN (3-hydroxy-N-phenethylmorphinan)
PHENOPERIDINE (1-(3-hydroxy-3-phenylpropyl)-4-phenylpiperidine-4-carboxylic acid
ethyl ester)
PIMINODINE (4-phenyl-1-(3-phenylaminopropyl) piperidine-4-carboxylic acid ethyl ester)
PROHEPTAZINE (1,3-dimethyl-4-phenyl-4-propionoxyazacycloheptane)
PROPERIDINE (1-methyl-4-phenylpiperidine-4-carboxylic acid isopropyl ester)
RACEMETHORPHAN ((±)-3-methoxy-N-methylmorphinan)
RACEMORAMIDE ((±)-4-[2-methyl-4-oxo-3,3-diphenyl-4-(1-pyrroldinyl) butyl] mor-
pholine)
RACEMORPHAN ((±)-3-hydroxy-N-methylmorphinan)
THEBACON (acetyldihydrocodeinone)
THEBAINE
TRIMEPERIDINE (1,2,5-trimethyl-4-phenyl-4-propionoxypiperidine) and
The isomers, unless specifically excepted, of the drugs in this Schedule whenever
the existence of such isomers is possible within the specific chemical designation;
The esters and ethers, unless appearing in another Schedule, of the drugs in this
Schedule whenever the existence of such esters or ethers is possible;
The salts of the drugs listed in this Schedule, including the salts of esters, ethers
and isomers as provided above whenever the existence of such salts is possible.
* Dextromethorphan ((+)-3-methoxy-N-methylmorphinan) and dextrorphan ((+)-3-Hy-
droxy-N-methylmorphinan) are specifically excluded from this Schedule.
42
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Reproduced at the Richard Nixon Presidential Library
List of preparations included in Schedule III
1.
Preparations of :
Acetyldihydrocodeine,
Codeine,
Dextropropoxyphene,
Dihydrocodeine,
Ethylmorphine,
Norcodeine, and
Pholcodine
when
(a) Compounded with one or more other ingredients in such a way that the prepa-
ration has no, or a negligible, risk of abuse, and in such a way that the drug cannot be
recovered by readily applicable means or in a yield which would constitute a risk to
public health; and
(b) Containing not more than 100 milligrammes of the drug per dosage unit and
with a concentration of not more than 2.5 per cent in undivided preparations.
2. Preparations of cocaine containing not more than 0.1 per cent of cocaine calcu-
lated as cocaine base and preparations of opium or morphine containing not more than
0.2 per cent of morphine calculated as anhydrous morphine base and compounded with
one or more other ingredients in such a way that the preparation has no, or a negligible,
risk of abuse, and in such a way that the drug cannot be recovered by readily applicable
means or in a yield which would constitute a risk to public health.
3. Solid dose preparations of diphenoxylate containing not more than 2.5 milli-
grammes of diphenoxylate calculated as base and not less than 25 microgrammes of
atropine sulphate per dosage unit.
4. Pulvis ipecacuanhae et opii compositus
10 per cent opium in powder
10 per cent ipecacuanha root, in powder
well mixed with
80 per cent of any other powdered ingredient containing no drug.
5. Preparations conforming to any of the formulae listed in this Schedule and
mixtures of such preparations with any material which contains no drug.
45
Reproduced at the Richard Nixon Presidential Library
List of drugs included in Schedule IV
CANNABIS and CANNABIS RESIN
DESOMORPHINE (dihydrodeoxymorphine)
HEROIN (diacetylmorphine)
KETOBEMIDONE (4-meta-hydroxyphenyl-1-methyl-4-propionylpiperidine); and
The salts of the drugs listed in this Schedule whenever the formation of such
salts is possible.
47
Reproduced at the Richard Nixon Presidential Library
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Reproduced at the Richard Nixon Presidential Library