TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

PART A - INTRODUCTORY PROVISIONS

801. Congressional findings and declarations: controlled substances.

801a. Congressional findings and declarations: psychotropic substances.

802. Definitions.

803. Repealed.

PART B - AUTHORITY TO CONTROL; STANDARDS AND SCHEDULES

811. Authority and criteria for classification of substances.

(a) Rules and regulations of Attorney General; hearing.
(b) Evaluation of drugs and other substances.
(c) Factors determinative of control or removal from schedules.
(d) International treaties, conventions, and protocols requiring control; procedures respecting changes in drug schedules of Convention on Psychotropic Substances.
(e) Immediate precursors.
(f) Abuse potential.
(g) Exclusion of non-narcotic substances sold over the counter without a prescription; dextromethorphan; exemption of substances lacking abuse potential.
(h) Temporary scheduling to avoid imminent hazards to public safety.

812. Schedules of controlled substances.

(a) Establishment.
(b) Placement on schedules; findings required.
(c) Initial schedules of controlled substances.

813. Treatment of controlled substance analogues.

814. Removal of exemption of certain drugs.

(a) Removal of exemption.
(b) Factors to be considered.
(c) Specificity of designation.
(d) Reinstatement of exemption with respect to particular drug products.
(e) Reinstatement of exemption with respect to ephedrine, pseudoephedrine, and phenylpropanolamine drug products.

PART C - REGISTRATION OF MANUFACTURERS, DISTRIBUTORS, AND DISPENSERS OF CONTROLLED SUBSTANCES

821. Rules and regulations.

822. Persons required to register.

(a) Period of registration.
(b) Authorized activities.
(c) Exceptions.
(d) Waiver.
(e) Separate registration.
(f) Inspection.

823. Registration requirements.

(a) Manufacturers of controlled substances in schedule I or II.
(b) Distributors of controlled substances in schedule I or II.
(c) Limits of authorized activities.
(d) Manufacturers of controlled substances in schedule III, IV, or V.
(e) Distributors of controlled substances in schedule III, IV, or V.
(f) Research by practitioners; pharmacies; research applications; construction of Article 7 of the Convention on Psychotropic Substances.
(g) Practitioners dispensing narcotic drugs for narcotic treatment; annual registration; separate registration; qualifications; waiver.
(h) Applicants for distribution of list I chemicals.

824. Denial, revocation, or suspension of registration.

(a) Grounds.
(b) Limits of revocation or suspension.
(c) Service of show cause order; proceedings.
(d) Suspension of registration in cases of imminent danger.
(e) Suspension and revocation of quotas.
(f) Disposition of controlled substances or list I chemicals.
(g) Seizure or placement under seal of controlled substances or list I chemicals.

825. Labeling and packaging.

(a) Symbol.
(b) Unlawful distribution without identifying symbol.
(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 manufacturers.
(d) Quotas for registrants who have not manufactured 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.
(c) Nonapplicability.
(d) Periodic reports to Attorney General.
(e) Reporting and recordkeeping requirements of drug conventions.
(f) Investigational uses of drugs; procedures.
(g) Change of address.
(h) Reporting requirements for GHB.

828. Order forms.

(a) Unlawful distribution of controlled substances.
(b) Nonapplicability of provisions.
(c) Preservation and availability.
(d) Issuance.
(e) Unlawful acts.

829. Prescriptions.

(a) Schedule II substances.
(b) Schedule III and IV substances.
(c) Schedule V substances.
(d) Non-prescription drugs with abuse potential.

830. Regulation of listed chemicals and certain machines.

(a) Record of regulated transactions.
(b) Reports to Attorney General.
(c) Confidentiality of information obtained by Attorney General; non-disclosure; exceptions.

PART D - OFFENSES AND PENALTIES

841. Prohibited acts A.

(a) Unlawful acts.
(b) Penalties.
(c) Offenses involving listed chemicals.
(d) Boobytraps on Federal property; penalties; ''boobytrap'' defined.
(e) Ten-year injunction as additional penalty.
(f) Wrongful distribution or possession of listed chemicals.

842. Prohibited acts B.

(a) Unlawful acts.
(b) Manufacture.
(c) Penalties.

843. Prohibited acts C.

(a) Unlawful acts.
(b) Communication facility.
(c) Advertisement.
(d) Penalties.
(e) Additional penalties.
(f) Injunctions.

844. Penalties for simple possession.

(a) Unlawful acts; penalties.
(b) Repealed.
(c) ''Drug, narcotic, or chemical offense'' defined.

844a. Civil penalty for possession of small amounts of certain controlled substances.

(a) In general.
(b) Income and net assets.
(c) Prior conviction.
(d) Limitation on number of assessments.
(e) Assessment.
(f) Compromise.
(g) Judicial review.
(h) Civil action.
(i) Limitation.
(j) Expungement procedures.

845 to 845b. Transferred.

846. Attempt and conspiracy.

847. Additional penalties.

848. Continuing criminal enterprise.

(a) Penalties; forfeitures.
(b) Life imprisonment for engaging in continuing criminal enterprise.
(c) ''Continuing criminal enterprise'' defined.
(d) Suspension of sentence and probation prohibited.
(e) Death penalty.
(g) Hearing required with respect to death penalty.
(h) Notice by Government in death penalty cases.
(i) Hearing before court or jury.
(j) Proof of aggravating and mitigating factors.
(k) Return of findings.
(l) Imposition of sentence.
(m) Mitigating factors.
(n) Aggravating factors for homicide.
(o) Right of defendant to justice without discrimination.
(p) Sentencing in capital cases in which death penalty is not sought or imposed.
(q) Appeal in capital cases; counsel for financially unable defendants.
(r) Refusal to participate by State and Federal correctional employees.

849. Transportation safety offenses.

(a) Definitions.
(b) First offense.
(c) Subsequent offense.

850. Information for sentencing.

851. Proceedings to establish prior convictions.

(a) Information filed by United States Attorney.
(b) Affirmation or denial of previous conviction.
(c) Denial; written response; hearing.
(d) Imposition of sentence.
(e) Statute of limitations.

852. Application of treaties and other international agreements.

853. Criminal forfeitures.

(a) Property subject to criminal forfeiture.
(b) Meaning of term ''property''.
(c) Third party transfers.
(d) Rebuttable presumption.
(e) Protective orders.
(f) Warrant of seizure.
(g) Execution.
(h) Disposition of property.
(i) Authority of the Attorney General.
(j) Applicability of civil forfeiture provisions.
(k) Bar on intervention.
(l) Jurisdiction to enter orders.
(m) Depositions.
(n) Third party interests.
(o) Construction.
(p) Forfeiture of substitute property.
(q) Restitution for cleanup of clandestine laboratory sites.

853a. Transferred.

854. Investment of illicit drug profits.

(a) Prohibition.
(b) Penalty.
(c) ''Enterprise'' defined.
(d) Construction.

855. Alternative fine.

856. Establishment of manufacturing operations.

(a) Unlawful acts.
(b) Penalties.
(c) Violation as offense against property.

857. Repealed.

858. Endangering human life while illegally manufacturing controlled substance.

859. Distribution to persons under age twenty-one.

(a) First offense.
(b) Second offense.

860. Distribution or manufacturing in or near schools and colleges.

(a) Penalty.
(b) Second offenders.
(c) Employing children to distribute drugs near schools or playgrounds.
(d) Suspension of sentence; probation; parole.
(e) Definitions.

861. Employment or use of persons under 18 years of age in drug operations.

(a) Unlawful acts.
(b) Penalty for first offense.
(c) Penalty for subsequent offenses.
(d) Penalty for providing or distributing controlled substance to underage person.
(e) Suspension of sentence; probation; parole.
(f) Distribution of controlled substance to pregnant individual.

862. Denial of Federal benefits to drug traffickers and possessors.

(a) Drug traffickers.
(b) Drug possessors.
(c) Suspension of period of ineligibility.
(d) Definitions.
(e) Inapplicability of this section to Government witnesses.
(f) Indian provision.
(g) Presidential report.
(h) Effective date.

862a. Denial of assistance and benefits for certain drug-related convictions.

(a) In general.
(b) Effects on assistance and benefits for others.
(c) Enforcement.
(d) Limitations.
(e) ''State'' defined.
(f) Rule of interpretation.

862b. Sanctioning for testing positive for controlled substances.

863. Drug paraphernalia.

(a) In general.
(b) Penalties.
(c) Seizure and forfeiture.
(d) ''Drug paraphernalia'' defined.
(e) Matters considered in determination of what constitutes drug paraphernalia.
(f) Exemptions.

864. Anhydrous ammonia.

PART E - ADMINISTRATIVE AND ENFORCEMENT PROVISIONS

871. Attorney General.

(a) Delegation of functions.
(b) Rules and regulations.
(c) Acceptance of devises, bequests, gifts, and donations.

872. Education and research programs of Attorney General.

(a) Authorization.
(b) Contracts.
(c) Identification of research populations; authorization to withhold.
(d) Affect of treaties and other international agreements on confidentiality.
(e) Use of controlled substances in research.
(f) Program to curtail diversion of precursor and essential chemicals.

872a. Public-private education program.

(a) Advisory panel.
(b) Continuation of current efforts.

873. Cooperative arrangements.

(a) Cooperation of Attorney General with local, State, and Federal agencies.
(b) Requests by Attorney General for assistance from Federal agencies or instrumentalities.
(c) Descriptive and analytic reports by Attorney General to State agencies of distribution patterns of schedule II substances having highest rates of abuse.
(d) Grants by Attorney General.

874. Advisory committees.

875. Administrative hearings.

(a) Power of Attorney General.
(b) Procedures applicable.

876. Subpenas.

(a) Authorization of use by Attorney General.
(b) Service.
(c) Enforcement.

877. Judicial review.

878. Powers of enforcement personnel.

879. Search warrants.

880. Administrative inspections and warrants.

(a) ''Controlled premises'' defined.
(b) Grant of authority; scope of inspections.
(c) Situations not requiring warrants.
(d) Administrative inspection warrants; issuance; execution; probable cause.

881. Forfeitures.

(a) Subject property.
(b) Seizure procedures.
(c) Custody of Attorney General.
(d) Other laws and proceedings applicable.
(e) Disposition of forfeited property.
(f) Forfeiture and destruction of schedule I and II substances.
(g) Plants.
(h) Vesting of title in United States.
(i) Stay of civil forfeiture proceedings.
(j) Venue.
(l) Agreement between Attorney General and Postal Service for performance of functions.

881-1, 881a. Transferred.

882. Injunctions.

(a) Jurisdiction.
(b) Jury trial.

883. Enforcement proceedings.

884. Immunity and privilege.

(a) Refusal to testify.
(b) Order of United States district court.
(c) Request by United States attorney.

885. Burden of proof; liabilities.

(a) Exemptions and exceptions; presumption in simple possession offenses.
(b) Registration and order forms.
(c) Use of vehicles, vessels, and aircraft.
(d) Immunity of Federal, State, local and other officials.

886. Payments and advances.

(a) Payment to informers.
(b) Reimbursement for purchase of controlled substances.
(c) Advance of funds for enforcement purposes.
(d) Drug Pollution Fund.

886a. Diversion Control Fee Account.

887. Coordination and consolidation of post-seizure administration.

888. Repealed.

889. Production control of controlled substances.

(a) Definitions.
(b) Persons ineligible for Federal agricultural program benefits.
(c) Regulations.

890. Review of Federal sales of chemicals usable to manufacture controlled substances.

PART F - GENERAL PROVISIONS

901. Severability.

902. Savings provisions.

903. Application of State law.

904. Payment of tort claims.

SUBCHAPTER II - IMPORT AND EXPORT

951. Definitions.

952. Importation of controlled substances.

(a) Controlled substances in schedule I or II and narcotic drugs in schedule III, IV, or V; exceptions.
(b) Nonnarcotic controlled substances in scheduleIII, IV, or V.
(c) Coca leaves.

953. Exportation of controlled substances.

(a) Narcotic drugs in schedule I, II, III, or IV.
(b) Exception for exportation for special scientific purposes.
(c) Nonnarcotic controlled substances in schedule I or II.
(d) Exception for exportation for special scientific purposes.
(e) Nonnarcotic controlled substances in schedule III or IV; controlled substances in schedule V.

954. Transshipment and in-transit shipment of controlled substances.

955. Possession on board vessels, etc., arriving in or departing from United States.

955a. Transferred.

956. Exemption authority.

(a) Individual possessing controlled substance.
(b) Compound, mixture, or preparation.

957. Persons required to register.

(a) Coverage.
(b) Exemptions.

958. Registration requirements.

(a) Applicants to import or export controlled substances in schedule I or II.
(b) Activity limited to specified substances.
(c) Applicants to import controlled substances in schedule III, IV, or V or to export controlled substances in schedule III or IV; applicants to import or export list I chemicals.
(d) Denial of applications.
(e) Registration period.
(f) Rules and regulations.
(g) Scope of authorized activity.
(h) Separate registrations for each principal place of business.
(i) Emergency situations.

959. Possession, manufacture, or distribution of controlled substance.

(a) Manufacture or distribution for purpose of unlawful importation.
(b) Possession, manufacture, or distribution by person on board aircraft.
(c) Acts committed outside territorial jurisdiction of United States; venue.

960. Prohibited acts A.

(a) Unlawful acts.
(b) Penalties.
(c) Repealed.
(d) Penalty for importation or exportation.

961. Prohibited acts B.

962. Second or subsequent offenses.

(a) Term of imprisonment and fine.
(b) Determination of status.
(c) Procedures applicable.

963. Attempt and conspiracy.

964. Additional penalties.

965. Applicability of part E of subchapter I.

966. Authority of Secretary of the Treasury.

967. Smuggling of controlled substances; investigations; oaths; subpenas; witnesses; evidence; production of records; territorial limits; fees and mileage of witnesses.

968. Service of subpena; proof of service.

969. Contempt proceedings.

970. Criminal forfeitures.

971. Notification, suspension of shipment, and penalties with respect to importation and exportation of listed chemicals.

(a) Notification prior to transaction.
(b) Regular customers or importers.
(c) Suspension of importation or exportation; disqualification of regular customers or importers; hearing.
(d) Broker or trader for international transaction in listed chemical.
(e) Application of notification requirement to exports of listed chemical; waiver.