21 U.S.C. § 801 — Congressional findings and declarations:

Page 772 TITLE 21—FOOD AND DRUGS § 801 Sec. 831. Additional requirements relating to online pharmacies and telemedicine. 832. Suspicious orders. PART D—OFFENSES AND PENALTIES 841. Prohibited acts A. 842. Prohibited acts B. 843. Prohibited acts C. 844. Penalties for simple possession. 844a. Civil penalty for possession of small amounts of certain controlled substances. 845 to 845b. Transferred. 846. Attempt and conspiracy. 847. Additional penalties. 848. Continuing criminal enterprise. 849. Transportation safety offenses. 850. Information for sentencing. 851. Proceedings to establish prior convictions. 852. Application of treaties and other inter- national agreements. 853. Criminal forfeitures. 853a. Transferred. 854. Investment of illicit drug profits. 855. Alternative fine. 856. Maintaining drug-involved premises. 857. Repealed. 858. Endangering human life while illegally manu- facturing controlled substance. 859. Distribution to persons under age twenty-one. 860. Distribution or manufacturing in or near schools and colleges. 860a. Consecutive sentence for manufacturing or distributing, or possessing with intent to manufacture or distribute, methamphet- amine on premises where children are present or reside. 861. Employment or use of persons under 18 years of age in drug operations. 862. Denial of Federal benefits to drug traffickers and possessors. 862a. Denial of assistance and benefits for certain drug-related convictions. 862b. Sanctioning for testing positive for con- trolled substances. 863. Drug paraphernalia. 864. Anhydrous ammonia. 864a. Grants to reduce production of methamphetamines from anhydrous ammo- nia. 865. Smuggling methamphetamine or meth- amphetamine precursor chemicals into the United States while using facilitated entry programs. PART E—ADMINISTRATIVE AND ENFORCEMENT PROVISIONS 871. Attorney General. 871a. Semiannual reports to Congress. 872. Education and research programs of Attorney General. 872a. Public-private education program. 873. Cooperative arrangements. 874. Advisory committees. 875. Administrative hearings. 876. Subpenas. 877. Judicial review. 878. Powers of enforcement personnel. 879. Search warrants. 880. Administrative inspections and warrants. 881. Forfeitures. 881–1, 881a. Transferred. 882. Injunctions. 883. Enforcement proceedings. 884. Immunity and privilege. 885. Burden of proof; liabilities. 886. Payments and advances. 886a. Diversion Control Fee Account. 887. Coordination and consolidation of post-sei- zure administration. Sec. 888. Repealed. 889. Production control of controlled substances. 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. 953. Exportation of controlled substances. 954. Transshipment and in-transit shipment of controlled substances. 955. Possession on board vessels, etc., arriving in or departing from United States. 955a to 955d. Transferred. 956. Exemption authority. 957. Persons required to register. 958. Registration requirements. 959. Possession, manufacture, or distribution of controlled substance. 960. Prohibited acts A. 960a. Foreign terrorist organizations, terrorist per- sons and groups. 961. Prohibited acts B. 962. Second or subsequent offenses. 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; inves- tigations; oaths; subpenas; witnesses; evi- dence; 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. SUBCHAPTER I—CONTROL AND ENFORCEMENT PART A—INTRODUCTORY PROVISIONS § 801. Congressional findings and declarations: controlled substances The Congress makes the following findings and declarations: (1) Many of the drugs included within this sub- chapter have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the American peo- ple. (2) The illegal importation, manufacture, dis- tribution, and possession and improper use of controlled substances have a substantial and detrimental effect on the health and general welfare of the American people. (3) A major portion of the traffic in controlled substances flows through interstate and foreign commerce. Incidents of the traffic which are not an integral part of the interstate or foreign flow, such as manufacture, local distribution, and possession, nonetheless have a substantial and direct effect upon interstate commerce be- cause— (A) after manufacture, many controlled sub- stances are transported in interstate com- merce, Page 773 TITLE 21—FOOD AND DRUGS § 801 (B) controlled substances distributed locally usually have been transported in interstate commerce immediately before their distribu- tion, and (C) controlled substances possessed com- monly flow through interstate commerce im- mediately prior to such possession. (4) Local distribution and possession of con- trolled substances contribute to swelling the interstate traffic in such substances. (5) Controlled substances manufactured and distributed intrastate cannot be differentiated from controlled substances manufactured and distributed interstate. Thus, it is not feasible to distinguish, in terms of controls, between con- trolled substances manufactured and distributed interstate and controlled substances manufac- tured and distributed intrastate. (6) Federal control of the intrastate incidents of the traffic in controlled substances is essen- tial to the effective control of the interstate in- cidents of such traffic. (7) The United States is a party to the Single Convention on Narcotic Drugs, 1961, and other international conventions designed to establish effective control over international and domes- tic traffic in controlled substances. (Pub. L. 91–513, title II, § 101, Oct. 27, 1970, 84 Stat. 1242.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in par. (1), was in the original ‘‘this title’’, meaning title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, and is popularly known as the ‘‘Controlled Substances Act’’. For complete classi- fication of title II to the Code, see second paragraph of Short Title note set out below and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 91–513, title II, § 704, Oct. 27, 1970, 84 Stat. 1284, provided that: ‘‘(a) Except as otherwise provided in this section, this title [see Short Title note below] shall become effective on the first day of the seventh calendar month that be- gins after the day immediately preceding the date of enactment [Oct. 27, 1970]. ‘‘(b) Parts A, B, E, and F of this title [Parts A, B, E, and F of this subchapter], section 702 [set out as a note under section 321 of this title], this section, and sec- tions 705 through 709 [sections 901 to 904 of this title and note set out below], shall become effective upon en- actment [Oct. 27, 1970]. ‘‘(c) Sections 305 (relating to labels and labeling) [sec- tion 825 of this title], and 306 (relating to manufac- turing quotas) [section 826 of this title] shall become effective on the date specified in subsection (a) of this section, except that the Attorney General may by order published in the Federal Register postpone the effec- tive date of either or both of these sections for such pe- riod as he may determine to be necessary for the effi- cient administration of this title [see Short Title note below].’’ SHORT TITLE OF 2022 AMENDMENT Pub. L. 117–215, § 1(a), Dec. 2, 2022, 136 Stat. 2257, pro- vided that: ‘‘This Act [amending sections 802, 822, 823, 824, 827, 829a, 831, 841, 843, 882, and 958 of this title and sections 290bb–36d, 290dd–3, 1395l, 1395m, 1395cc–6, and 1396b of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under this section, section 823 of this title, and sections 241 and 284 of Title 42] may be cited as the ‘Medical Marijuana and Cannabidiol Research Expansion Act’.’’ SHORT TITLE OF 2021 AMENDMENT Pub. L. 117–53, § 1, Nov. 10, 2021, 135 Stat. 411, provided that: ‘‘This Act [amending section 822 of this title] may be cited as the ‘Ensuring Compliance Against Drug Di- version Act of 2021’.’’ Pub. L. 117–36, § 1, Aug. 6, 2021, 135 Stat. 328, provided that: ‘‘This Act [amending section 824 of this title] may be cited as the ‘Debarment Enforcement of Bad Actor Registrants Act of 2021’ or the ‘DEBAR Act of 2021’.’’ SHORT TITLE OF 2018 AMENDMENT Pub. L. 115–271, title III, § 3211, Oct. 24, 2018, 132 Stat. 3947, provided that: ‘‘This chapter [chapter 2 (§§ 3211, 3212) of subtitle B of title III of Pub. L. 115–271, enacting provisions set out as a note under section 829 of this title] may be cited as the ‘Empowering Pharmacists in the Fight Against Opioid Abuse Act’.’’ Pub. L. 115–271, title III, § 3221, Oct. 24, 2018, 132 Stat. 3947, provided that: ‘‘This chapter [chapter 3 (§§ 3221–3223) of subtitle B of title III of Pub. L. 115–271, amending section 822 of this title and enacting provi- sions set out as notes under section 822 of this title] may be cited as the ‘Safe Disposal of Unused Medica- tion Act’.’’ Pub. L. 115–271, title III, § 3231, Oct. 24, 2018, 132 Stat. 3949, provided that: ‘‘This chapter [chapter 4 (§§ 3231, 3232) of subtitle B of title III of Pub. L. 115–271, amend- ing section 831 of this title] may be cited as the ‘Special Registration for Telemedicine Clarification Act of 2018’.’’ Pub. L. 115–271, title III, § 3271, Oct. 24, 2018, 132 Stat. 3952, provided that: ‘‘This chapter [chapter 7 (§§ 3271–3274) of subtitle B of title III of Pub. L. 115–271, amending sections 827, 842, and 873 of this title and en- acting provisions set out as a note under section 827 of this title] may be cited as the ‘Using Data To Prevent Opioid Diversion Act of 2018’.’’ Pub. L. 115–271, title III, § 3281, Oct. 24, 2018, 132 Stat. 3954, provided that: ‘‘This chapter [chapter 8 (§§ 3281, 3282) of subtitle B of title III of Pub. L. 115–271, amend- ing section 826 of this title and enacting provisions set out as a note under section 826 of this title] may be cited as the ‘Opioid Quota Reform Act’.’’ Pub. L. 115–271, title III, § 3291, Oct. 24, 2018, 132 Stat. 3956, provided that: ‘‘This chapter [chapter 9 (§§ 3291, 3292) of subtitle B of title III of Pub. L. 115–271, enacting section 832 of this title and amending section 802 of this title] may be cited as the ‘Preventing Drug Diversion Act of 2018’.’’ SHORT TITLE OF 2017 AMENDMENT Pub. L. 115–83, § 1, Nov. 17, 2017, 131 Stat. 1267, pro- vided that: ‘‘This Act [amending section 823 of this title] may be cited as the ‘Protecting Patient Access to Emergency Medications Act of 2017’.’’ SHORT TITLE OF 2016 AMENDMENT Pub. L. 114–145, § 1, Apr. 19, 2016, 130 Stat. 354, provided that: ‘‘This Act [amending sections 823 and 824 of this title] may be cited as the ‘Ensuring Patient Access and Effective Drug Enforcement Act of 2016’.’’ SHORT TITLE OF 2014 AMENDMENT Pub. L. 113–260, § 1, Dec. 18, 2014, 128 Stat. 2929, pro- vided that: ‘‘This Act [amending sections 802, 811, 825, 842, and 960 of this title and enacting provisions set out as a note under section 825 of this title] may be cited as the ‘Designer Anabolic Steroid Control Act of 2014’.’’ Pub. L. 113–143, § 1, Aug. 1, 2014, 128 Stat. 1750, pro- vided that: ‘‘This Act [amending section 822 of this title] may be cited as the ‘Veterinary Medicine Mobil- ity Act of 2014’.’’ SHORT TITLE OF 2012 AMENDMENT Pub. L. 112–144, title XI, § 1151, July 9, 2012, 126 Stat. 1130, provided that: ‘‘This subtitle [subtitle D Page 774 TITLE 21—FOOD AND DRUGS § 801 (§§ 1151–1153) of title XI of Pub. L. 112–144, amending sec- tions 811 and 812 of this title] may be cited as the ‘Syn- thetic Drug Abuse Prevention Act of 2012’.’’ SHORT TITLE OF 2010 AMENDMENT Pub. L. 111–273, § 1, Oct. 12, 2010, 124 Stat. 2858, pro- vided that: ‘‘This Act [amending sections 822 and 828 of this title and enacting provisions set out as a note under section 822 of this title and listed in a table relat- ing to sentencing guidelines set out as a note under section 994 of Title 28, Judiciary and Judicial Proce- dure] may be cited as the ‘Secure and Responsible Drug Disposal Act of 2010’.’’ Pub. L. 111–268, § 1, Oct. 12, 2010, 124 Stat. 2847, pro- vided that: ‘‘This Act [amending sections 830 and 842 of this title and enacting provisions set out as notes under section 830 of this title] may be cited as the ‘Combat Methamphetamine Enhancement Act of 2010’.’’ Pub. L. 111–220, § 1, Aug. 3, 2010, 124 Stat. 2372, pro- vided that: ‘‘This Act [amending sections 841, 844, and 960 of this title and enacting provisions listed in a table relating to sentencing guidelines set out under section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Fair Sentencing Act of 2010’.’’ SHORT TITLE OF 2008 AMENDMENT Pub. L. 110–425, § 1, Oct. 15, 2008, 122 Stat. 4820, pro- vided that: ‘‘This Act [enacting section 831 of this title, amending sections 802, 823, 827, 829, 841, 843, 882, and 960 of this title, and enacting provisions set out as notes under section 802 of this title and listed in a table relat- ing to sentencing guidelines set out as a note under section 994 of Title 28, Judiciary and Judicial Proce- dure] may be cited as the ‘Ryan Haight Online Phar- macy Consumer Protection Act of 2008’.’’ Pub. L. 110–415, § 1, Oct. 14, 2008, 122 Stat. 4349, pro- vided that: ‘‘This Act [amending section 830 of this title] may be cited as the ‘Methamphetamine Produc- tion Prevention Act of 2008’.’’ SHORT TITLE OF 2006 AMENDMENT Pub. L. 109–177, title VII, § 701, Mar. 9, 2006, 120 Stat. 256, provided that: ‘‘This title [see Tables for classifica- tion] may be cited as the ‘Combat Methamphetamine Epidemic Act of 2005’.’’ SHORT TITLE OF 2005 AMENDMENT Pub. L. 109–57, § 1(a), Aug. 2, 2005, 119 Stat. 592, pro- vided that: ‘‘This Act [amending section 953 of this title] may be cited as the ‘Controlled Substances Ex- port Reform Act of 2005’.’’ SHORT TITLE OF 2004 AMENDMENT Pub. L. 108–358, § 1, Oct. 22, 2004, 118 Stat. 1661, pro- vided that: ‘‘This Act [enacting section 290bb–25f of Title 42, The Public Health and Welfare, amending sec- tions 802 and 811 of this title, enacting provisions set out as notes under section 802 of this title and section 290aa–4 of Title 42 and listed in a table relating to sen- tencing guidelines set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure, and amend- ing provisions set out as a note under section 802 of this title] may be cited as the ‘Anabolic Steroid Control Act of 2004’.’’ SHORT TITLE OF 2003 AMENDMENT Pub. L. 108–21, title VI, § 608(a), Apr. 30, 2003, 117 Stat. 691, provided that: ‘‘This section [amending sections 843 and 856 of this title and enacting provisions listed in a table relating to sentencing guidelines set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Illicit Drug Anti-Pro- liferation Act of 2003’.’’ SHORT TITLE OF 2000 AMENDMENTS Pub. L. 106–310, div. B, title XXXV, § 3501, Oct. 17, 2000, 114 Stat. 1222, provided that: ‘‘This title [amending sec- tions 823 and 824 of this title] may be cited as the ‘Drug Addiction Treatment Act of 2000’.’’ Pub. L. 106–310, div. B, title XXXVI, § 3601, Oct. 17, 2000, 114 Stat. 1227, provided that: ‘‘This title [enacting section 864 of this title and sections 290aa–5b and 290bb–9 of Title 42, The Public Health and Welfare, amending sections 802, 830, 853, 856, and 863 of this title, sections 3663 and 3663A of Title 18, Crimes and Criminal Procedure, section 524 of Title 28, Judiciary and Judi- cial Procedure, and sections 285o–2 and 3751 of Title 42, and enacting provisions set out as notes under this sec- tion and sections 802, 872, 873, 886, and 1706 of this title, sections 524 and 994 of Title 28, and sections 201, 290aa–4, 290aa–5b and 3751 of Title 42] may be cited as the ‘Meth- amphetamine Anti-Proliferation Act of 2000’.’’ Pub. L. 106–172, § 1, Feb. 18, 2000, 114 Stat. 7, provided that: ‘‘This Act [amending sections 802, 827, 841 and 960 of this title and enacting provisions set out as notes under this section and section 812 of this title] may be cited as the ‘Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000’.’’ SHORT TITLE OF 1998 AMENDMENT Pub. L. 105–277, div. C, title VIII, § 801(a), Oct. 21, 1998, 112 Stat. 2681–693, provided that: ‘‘This title [enacting section 1713 of this title and section 2291–5 of Title 22, Foreign Relations and Intercourse, amending section 956 of this title, and enacting provisions set out as notes under sections 801 and 956 of this title and section 2291 of Title 22] may be cited as the ‘Western Hemi- sphere Drug Elimination Act’.’’ Pub. L. 105–277, div. C, title VIII, subtitle G (§§ 871, 872), § 871, Oct. 21, 1998, 112 Stat. 2681–707, and Pub. L. 105–357, § 1, Nov. 10, 1998, 112 Stat. 3271, provided that such subtitle and such Act, which amended section 956 of this title and enacted provisions set out as notes under section 956 of this title ‘‘may be cited as the ‘Controlled Substances Trafficking Prohibition Act’.’’ Pub. L. 105–277, div. E, § 1, Oct. 21, 1998, 112 Stat. 2681–759, provided that: ‘‘This division [amending sec- tions 841 and 960 of this title and section 13705 of Title 42, The Public Health and Welfare] may be cited as the ‘Methamphetamine Trafficking Penalty Enhancement Act of 1998’.’’ SHORT TITLE OF 1996 AMENDMENTS Pub. L. 104–305, § 1, Oct. 13, 1996, 110 Stat. 3807, pro- vided that: ‘‘This Act [amending sections 841, 844, 959, and 960 of this title and enacting provisions set out as notes under section 872 of this title and section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Drug-Induced Rape Prevention and Pun- ishment Act of 1996’.’’ Pub. L. 104–237, § 1(a), Oct. 3, 1996, 110 Stat. 3099, pro- vided that: ‘‘This Act [enacting section 872a of this title, amending sections 802, 814, 830, 841 to 844, 853, 881, 959, and 960 of this title and section 1607 of Title 19, Cus- toms Duties, and enacting provisions set out as notes under this section and sections 802, 872, and 971 of this title, section 994 of Title 28, Judiciary and Judicial Pro- cedure, and section 290aa–4 of Title 42, The Public Health and Welfare] may be cited as the ‘Comprehen- sive Methamphetamine Control Act of 1996’.’’ SHORT TITLE OF 1994 AMENDMENT Pub. L. 103–322, title XVIII, § 180201(a), Sept. 13, 1994, 108 Stat. 2046, provided that: ‘‘This section [enacting section 849 of this title, amending section 841 of this title, and enacting provisions set out as a note under section 994 of Title 28, Judiciary and Judicial Proce- dure] may be cited as the ‘Drug Free Truck Stop Act’.’’ SHORT TITLE OF 1993 AMENDMENT Pub. L. 103–200, § 1, Dec. 17, 1993, 107 Stat. 2333, pro- vided that: ‘‘This Act [enacting section 814 of this title, amending sections 802, 821 to 824, 830, 843, 880, 957, 958, 960, and 971 of this title, and enacting provisions set out as a note under section 802 of this title] may be cited as the ‘Domestic Chemical Diversion Control Act of 1993’.’’ Page 775 TITLE 21—FOOD AND DRUGS § 801 SHORT TITLE OF 1990 AMENDMENT Pub. L. 101–647, title XIX, § 1901, Nov. 29, 1990, 104 Stat. 4851, provided that: ‘‘This Act [probably means title XIX of Pub. L. 101–647, which amended sections 333, 802, 812, and 844 of this title and section 290aa–6 of Title 42, The Public Health and Welfare, repealed sec- tion 333a of this title, and enacted provisions set out as notes under sections 802 and 829 of this title] may be cited as the ‘Anabolic Steroids Control Act of 1990’.’’ SHORT TITLE OF 1988 AMENDMENT Pub. L. 100–690, title VI, § 6001, Nov. 18, 1988, 102 Stat. 4312, provided that: ‘‘This title [see Tables for classi- fication] may be cited as the ‘Anti-Drug Abuse Amend- ments Act of 1988’.’’ Pub. L. 100–690, title VI, § 6051, Nov. 18, 1988, 102 Stat. 4312, provided that: ‘‘This subtitle [subtitle A (§§ 6051–6061) of title VI of Pub. L. 100–690, enacting sec- tion 971 of this title, amending sections 802, 830, 841 to 843, 872, 876, 881, 960, and 961 of this title, and enacting provisions set out as notes under sections 802 and 971 of this title] may be cited as the ‘Chemical Diversion and Trafficking Act of 1988’.’’ Pub. L. 100–690, title VI, § 6071, Nov. 18, 1988, 102 Stat. 4320, provided that: ‘‘This subtitle [subtitle B (§§ 6071–6080) of title VI of Pub. L. 100–690, enacting sec- tions 881–1, 887, and 1509 of this title, amending section 881 of this title, section 1594 of Title 19, Customs Du- ties, section 524 of Title 28, Judiciary and Judicial Pro- cedure, and section 782 of former Title 49, Transpor- tation, and enacting provisions set out as notes under section 881 of this title] may be cited as the ‘Asset For- feiture Amendments Act of 1988’.’’ SHORT TITLE OF 1986 AMENDMENT Pub. L. 99–570, § 1, Oct. 27, 1986, 100 Stat. 3207, provided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Anti-Drug Abuse Act of 1986’.’’ Pub. L. 99–570, title I, § 1001, Oct. 27, 1986, 100 Stat. 3207–2, provided that: ‘‘This subtitle [subtitle A (§§ 1001–1009) of title I of Pub. L. 99–570, amending sec- tions 802, 841, 845, 845a, 848, 881, 960, and 962 of this title, sections 3553 and 3583 of Title 18, Crimes and Criminal Procedure, rule 35 of the Federal Rules of Criminal Pro- cedure, Title 18, Appendix, and section 994 of Title 28, Judiciary and Judicial Procedure, and enacting provi- sions set out as notes under section 841 of this title, sections 3553 and 3583 of Title 18, and rule 35 of the Fed- eral Rules of Criminal Procedure] may be cited as the ‘Narcotics Penalties and Enforcement Act of 1986’.’’ Pub. L. 99–570, title I, § 1051, Oct. 27, 1986, 100 Stat. 3207–8, provided that: ‘‘This subtitle [subtitle B (§§ 1051, 1052) of title I of Pub. L. 99–570, amending section 844 of this title] may be cited as the ‘Drug Possession Penalty Act of 1986’.’’ Pub. L. 99–570, title I, § 1101, Oct. 27, 1986, 100 Stat. 3207–10, provided that: ‘‘This subtitle [subtitle C (§§ 1101–1105) of title I of Pub. L. 99–570, enacting section 845b of this title and amending sections 841, 845, and 845a of this title] may be cited as the ‘Juvenile Drug Trafficking Act of 1986’.’’ Pub. L. 99–570, title I, § 1201, Oct. 27, 1986, 100 Stat. 3207–13, provided that: ‘‘This subtitle [subtitle E (§§ 1201–1204) of title I of Pub. L. 99–570, enacting section 813 of this title and amending section 802 of this title] may be cited as the ‘Controlled Substance Analogue Enforcement Act of 1986’.’’ Pub. L. 99–570, title I, § 1251, Oct. 27, 1986, 100 Stat. 3207–14, provided that: ‘‘This subtitle [subtitle F (§§ 1251–1253) of title I of Pub. L. 99–570, amending sec- tion 848 of this title] may be cited as the ‘Continuing Drug Enterprises Act of 1986’.’’ Pub. L. 99–570, title I, § 1301, Oct. 27, 1986, 100 Stat. 3207–15, provided that: ‘‘This subtitle [subtitle G (§§ 1301, 1302) of title I of Pub. L. 99–570, amending sec- tion 960 of this title] may be cited as the ‘Controlled Substances Import and Export Penalties Enhancement Act of 1986’.’’ Pub. L. 99–570, title I, § 1821, Oct. 27, 1986, 100 Stat. 3207–51, which provided that subtitle O (§§ 1821–1823) of title I of Pub. L. 99–570, enacting section 857 of this title and provisions set out as a note under section 857 of this title, was to be cited as the ‘‘Mail Order Drug Paraphernalia Control Act’’, was repealed by Pub. L. 101–647, title XXIV, § 2401(d), Nov. 29, 1990, 104 Stat. 4859. Pub. L. 99–570, title I, § 1991, Oct. 27, 1986, 100 Stat. 3207–59, provided that: ‘‘This subtitle [subtitle U (§§ 1991, 1992) of title I of Pub. L. 99–570, amending sec- tion 881 of this title] may be cited as the ‘Federal Drug Law Enforcement Agent Protection Act of 1986’.’’ SHORT TITLE OF 1984 AMENDMENT Pub. L. 98–473, title II, § 501, Oct. 12, 1984, 98 Stat. 2068, provided that: ‘‘This chapter [chapter V (§§ 501–525) of title II of Pub. L. 98–473, enacting section 845a of this title, amending sections 802, 811, 812, 822–824, 827, 841, 843, 845, 873, 881, 952, 953, 957, 958, 960, and 962 of this title, and enacting provisions set out as a note under this section] may be cited as the ‘Controlled Sub- stances Penalties Amendments Act of 1984’.’’ Pub. L. 98–473, title II, § 506(a), Oct. 12, 1984, 98 Stat. 2070, provided that: ‘‘This part [part B of chapter V (§§ 506–525) of title II of Pub. L. 98–473, amending sec- tions 802, 811, 812, 822–824, 827, 843, 873, 881, 952, 953, 957, and 958 of this title] may be cited as the ‘Dangerous Drug Diversion Control Act of 1984’.’’ SHORT TITLE OF 1978 AMENDMENT Pub. L. 95–633, § 1, Nov. 10, 1978, 92 Stat. 3768, provided: ‘‘That this Act [enacting sections 801a, 830, and 852 of this title, amending sections 352, 802, 811, 812, 823, 827, 841 to 843, 872, 881, 952, 953, and 965 of this title and sec- tion 242a of Title 42, The Public Health and Welfare, re- pealing section 830 of this title (effective Jan. 1, 1981), and enacting provisions set out as notes under sections 801a, 812, and 830 of this title] may be cited as the ‘Psy- chotropic Substances Act of 1978’.’’ SHORT TITLE OF 1974 AMENDMENT Pub. L. 93–281, § 1, May 14, 1974, 88 Stat. 124, provided: ‘‘That this Act [amending sections 802, 823, 824, and 827 of this title] may be cited as the ‘Narcotic Addict Treatment Act of 1974’.’’ SHORT TITLE Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1236, provided: ‘‘That this Act [enacting this chapter and sections 257a, 2688l–1, 2688n–1, and 3509 of Title 42, The Public Health and Welfare, amending sections 162, 198a, 321, 331, 333, 334, 360, 372, and 381 of this title, sections 1114, 1952, and 4251 of Title 18, Crimes and Criminal Procedure, sec- tions 1584, 2078, 2079, and 2080 of Title 19, Customs Du- ties, sections 4901, 4905, 6808, 7012, 7103, 7326, 7607, 7609, 7641, 7651, and 7655 of Title 26, Internal Revenue Code, section 2901 of Title 28, Judiciary and Judicial Proce- dure, section 304m of former Title 40, Public Buildings, Property, and Works, sections 201, 225a, 242, 242a, 246, 257, 258, 259, 260, 261, 261a, 2688k, 2688l, 2688m, 2688n, 2688o, 2688r, and 3411 of Title 42, The Public Health and Welfare, section 239a of former Title 46, Shipping, and section 787 of Title 49, Appendix, Transportation, re- pealing sections 171 to 174, 176 to 185, 188 to 188n, 191 to 193, 197, 198, 199, 360a, and 501 to 517 of this title, sec- tions 1401 to 1407 and 3616 of Title 18, sections 4701 to 4707, 4711 to 4716, 4721 to 4726, 4731 to 4736, 4741 to 4746, 4751 to 4757, 4761, 4762, 4771 to 4776, 7237, 7238, and 7491 of Title 26, sections 529a and 529g of former Title 31, Money and Finance, and section 1421m of Title 48, Ter- ritories and Insular Possessions, and enacting provi- sions set out as notes under this section and sections 171, 321, 822, 951, and 957 of this title] may be cited as the ‘Comprehensive Drug Abuse Prevention and Con- trol Act of 1970’.’’ Pub. L. 91–513, title II, § 100, Oct. 27, 1970, 84 Stat. 1242, provided that: ‘‘This title [enacting this subchapter, re- pealing section 360a of this title, amending sections 321, 331, 333, 334, 360, 372, and 381 of this title, sections 1114 and 1952 of Title 18, Crimes and Criminal Procedure, and section 242 of Title 42, The Public Health and Wel- Page 776 TITLE 21—FOOD AND DRUGS § 801 fare, and enacting provisions set out as notes under this section and sections 321 and 822 of this title] may be cited as the ‘Controlled Substances Act’.’’ For short title and complete classification of title III of Pub. L. 91–513, which enacted subchapter II of this chapter, as the ‘‘Controlled Substances Import and Ex- port Act’’, see section 1000 of Pub. L. 91–513, set out as a note under section 951 of this title. SEVERABILITY Pub. L. 106–310, div. B, title XXXVI, § 3673, Oct. 17, 2000, 114 Stat. 1246, provided that: ‘‘Any provision of this title [see Short Title of 2000 Amendments note above] held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed as to give the maximum effect permitted by law, unless such provision is held to be utterly invalid or unenforceable, in which event such provision shall be severed from this title and shall not affect the appli- cability of the remainder of this title, or of such provi- sion, to other persons not similarly situated or to other, dissimilar circumstances.’’ CONTINUATION OF ORDERS, RULES, AND REGULATIONS Pub. L. 91–513, title II, § 705, Oct. 27, 1970, 84 Stat. 1284, provided that: ‘‘Any orders, rules, and regulations which have been promulgated under any law affected by this title [see Short Title note above] and which are in effect on the day preceding enactment of this title [Oct. 27, 1970] shall continue in effect until modified, superseded, or repealed.’’ DOCTOR-PATIENT RELATIONSHIP Pub. L. 117–215, title III, § 301, Dec. 2, 2022, 136 Stat. 2265, provided that: ‘‘It shall not be a violation of the Controlled Substances Act (21 U.S.C. 801 et seq.) for a State-licensed physician to discuss— ‘‘(1) the currently known potential harms and bene- fits of marijuana derivatives, including cannabidiol, as a treatment with the legal guardian of the patient of the physician if the patient is a child; or ‘‘(2) the currently known potential harms and bene- fits of marijuana and marijuana derivatives, includ- ing cannabidiol, as a treatment with the patient or the legal guardian of the patient of the physician if the patient is a legal adult.’’ [For definitions of ‘‘State’’, ‘‘marijuana’’, and ‘‘cannabidiol’’ as used in section 301 of Pub. L. 117–215, set out above, see section 2(a) of Pub. L. 117–215, set out below.] ANTI-DRUG MESSAGES ON FEDERAL GOVERNMENT INTERNET SITES Pub. L. 106–391, title III, § 320, Oct. 30, 2000, 114 Stat. 1597, provided that: ‘‘Not later than 90 days after the date of the enactment of this Act [Oct. 30, 2000], the Ad- ministrator [of the National Aeronautics and Space Ad- ministration], in consultation with the Director of the Office of National Drug Control Policy, shall place anti-drug messages on Internet sites controlled by the National Aeronautics and Space Administration.’’ Pub. L. 106–310, div. B, title XXXVI, § 3671, Oct. 17, 2000, 114 Stat. 1245, provided that: ‘‘Not later than 90 days after the date of the enactment of this Act [Oct. 17, 2000], the head of each department, agency, and es- tablishment of the Federal Government shall, in con- sultation with the Director of the Office of National Drug Control Policy, place antidrug messages on appro- priate Internet websites controlled by such depart- ment, agency, or establishment which messages shall, where appropriate, contain an electronic hyperlink to the Internet website, if any, of the Office.’’ PROTOCOLS FOR INVESTIGATIONS AND PROSECUTIONS RE- LATING TO DATE-RAPE DRUGS AND OTHER CON- TROLLED SUBSTANCES; ANNUAL REPORT; NATIONAL AWARENESS CAMPAIGN Pub. L. 106–172, §§ 6, 7, Feb. 18, 2000, 114 Stat. 11, as amended by Pub. L. 111–8, div. G, title I, § 1301(d), Mar. 11, 2009, 123 Stat. 829, provided that: ‘‘SEC. 6. DEVELOPMENT OF MODEL PROTOCOLS, TRAINING MATERIALS, FORENSIC FIELD TESTS, AND COORDINATION MECHANISM FOR INVESTIGATIONS AND PROSECUTIONS RELAT- ING TO GAMMA HYDROXYBUTYRIC ACID, OTHER CONTROLLED SUBSTANCES, AND DE- SIGNER DRUGS. ‘‘(a) IN GENERAL.—The Attorney General, in consulta- tion with the Administrator of the Drug Enforcement Administration and the Director of the Federal Bureau of Investigation, shall— ‘‘(1) develop— ‘‘(A) model protocols for the collection of toxi- cology specimens and the taking of victim state- ments in connection with investigations into and prosecutions related to possible violations of the Controlled Substances Act [21 U.S.C. 801 et seq.] or other Federal or State laws that result in or con- tribute to rape, other crimes of violence, or other crimes involving abuse of gamma hydroxybutyric acid, other controlled substances, or so-called ‘de- signer drugs’; and ‘‘(B) model training materials for law enforce- ment personnel involved in such investigations; and ‘‘(2) make such protocols and training materials available to Federal, State, and local personnel re- sponsible for such investigations. ‘‘(b) GRANT.— ‘‘(1) IN GENERAL.—The Attorney General shall make a grant, in such amount and to such public or private person or entity as the Attorney General considers appropriate, for the development of forensic field tests to assist law enforcement officials in detecting the presence of gamma hydroxybutyric acid and re- lated substances. ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary to carry out this subsection. ‘‘(c) REPORT.—Not later than 180 days after the date of the enactment of this Act [Feb. 18, 2000], the Attor- ney General shall submit to the Committees on the Ju- diciary of the Senate and House of Representatives a report on current mechanisms for coordinating Fed- eral, State, and local investigations into and prosecu- tions related to possible violations of the Controlled Substances Act [21 U.S.C. 801 et seq.] or other Federal or State laws that result in or contribute to rape, other crimes of violence, or other crimes involving the abuse of gamma hydroxybutyric acid, other controlled sub- stances, or so-called ‘designer drugs’. The report shall also include recommendations for the improvement of such mechanisms. ‘‘SEC. 7. ANNUAL REPORT REGARDING DATE-RAPE DRUGS; NATIONAL AWARENESS CAMPAIGN. ‘‘(a) ANNUAL REPORT.—The Secretary of Health and Human Services (in this section referred to as the ‘Sec- retary’) shall periodically submit to Congress reports each of which provides an estimate of the number of in- cidents of the abuse of date-rape drugs (as defined in subsection (c)) that occurred during the most recent 1- year period for which data are available. The first such report shall be submitted not later than January 15, 2000, and subsequent reports shall be submitted annu- ally thereafter. ‘‘(b) NATIONAL AWARENESS CAMPAIGN.— ‘‘(1) DEVELOPMENT OF PLAN; RECOMMENDATIONS OF ADVISORY COMMITTEE.— ‘‘(A) IN GENERAL.—The Secretary, in consultation with the Attorney General, shall develop a plan for carrying out a national campaign to educate indi- viduals described in subparagraph (B) on the fol- lowing: ‘‘(i) The dangers of date-rape drugs. ‘‘(ii) The applicability of the Controlled Sub- stances Act [21 U.S.C. 801 et seq.] to such drugs, including penalties under such Act. ‘‘(iii) Recognizing the symptoms that indicate an individual may be a victim of such drugs, in- cluding symptoms with respect to sexual assault. Page 777 TITLE 21—FOOD AND DRUGS § 801 ‘‘(iv) Appropriately responding when an indi- vidual has such symptoms. ‘‘(B) INTENDED POPULATION.—The individuals re- ferred to in subparagraph (A) are young adults, youths, law enforcement personnel, educators, school nurses, counselors of rape victims, and emer- gency room personnel in hospitals. ‘‘(C) ADVISORY COMMITTEE.—Not later than 180 days after the date of the enactment of this Act [Feb. 18, 2000], the Secretary shall establish an advi- sory committee to make recommendations to the Secretary regarding the plan under subparagraph (A). The committee shall be composed of individ- uals who collectively possess expertise on the ef- fects of date-rape drugs and on detecting and con- trolling the drugs. ‘‘(2) IMPLEMENTATION OF PLAN.—Not later than 180 days after the date on which the advisory committee under paragraph (1) is established, the Secretary, in consultation with the Attorney General, shall com- mence carrying out the national campaign under such paragraph in accordance with the plan developed under such paragraph. The campaign may be carried out directly by the Secretary and through grants and contracts. ‘‘(c) DEFINITION.—For purposes of this section, the term ‘date-rape drugs’ means gamma hydroxybutyric acid and its salts, isomers, and salts of isomers and such other drugs or substances as the Secretary, after consultation with the Attorney General, determines to be appropriate.’’ CONGRESSIONAL FINDINGS REGARDING METHAMPHETAMINE MANUFACTURE AND ABUSE Pub. L. 104–237, § 2, Oct. 3, 1996, 110 Stat. 3100, provided that: ‘‘The Congress finds the following: ‘‘(1) Methamphetamine is a very dangerous and harmful drug. It is highly addictive and is associated with permanent brain damage in long-term users. ‘‘(2) The abuse of methamphetamine has increased dramatically since 1990. This increased use has led to devastating effects on individuals and the commu- nity, including— ‘‘(A) a dramatic increase in deaths associated with methamphetamine ingestion; ‘‘(B) an increase in the number of violent crimes associated with methamphetamine ingestion; and ‘‘(C) an increase in criminal activity associated with the illegal importation of methamphetamine and precursor compounds to support the growing appetite for this drug in the United States. ‘‘(3) Illegal methamphetamine manufacture and abuse presents an imminent public health threat that warrants aggressive law enforcement action, in- creased research on methamphetamine and other sub- stance abuse, increased coordinated efforts to prevent methamphetamine abuse, and increased monitoring of the public health threat methamphetamine pre- sents to the communities of the United States.’’ SUPPORT FOR INTERNATIONAL EFFORTS TO CONTROL METHAMPHETAMINE AND PRECURSORS Pub. L. 104–237, title I, § 101, Oct. 3, 1996, 110 Stat. 3100, provided that: ‘‘The Attorney General, in consultation with the Secretary of State, shall coordinate inter- national drug enforcement efforts to decrease the movement of methamphetamine and methamphet- amine precursors into the United States.’’ INTERAGENCY METHAMPHETAMINE TASK FORCE Pub. L. 104–237, title V, § 501, Oct. 3, 1996, 110 Stat. 3111, provided for the establishment of a Methamphet- amine Interagency Task Force to design and imple- ment education, prevention, and treatment strategies with respect to methamphetamine and other synthetic stimulants and for the task force to terminate 4 years after Oct. 3, 1996. SUSPICIOUS ORDERS TASK FORCE Pub. L. 104–237, title V, § 504, Oct. 3, 1996, 110 Stat. 3112, directed the Attorney General to establish a Sus- picious Orders Task Force which would develop pro- posals to define suspicious orders of listed chemicals for registrants to use in determining if an order was a suspicious order that must be reported to DEA and would terminate upon presentation of its report to the Attorney General, or two years after Oct. 3, 1996, whichever was sooner. JOINT FEDERAL TASK FORCE ON ILLEGAL DRUG LABORATORIES Pub. L. 100–690, title II, § 2405, Nov. 18, 1988, 102 Stat. 4231, provided that: ‘‘(a) ESTABLISHMENT OF TASK FORCE.—There is estab- lished the Joint Federal Task Force on Illegal Drug Laboratories (hereafter in this section referred to as the ‘Task Force’). ‘‘(b) APPOINTMENT AND MEMBERSHIP OF TASK FORCE.— The members of the Task Force shall be appointed by the Administrators of the Environmental Protection Agency and the Drug Enforcement Administration (hereafter in this section referred to as the ‘Adminis- trators’). The Task Force shall consist of at least 6 and not more than 20 members. Each Administrator shall appoint one-half of the members as follows: (1) the Ad- ministrator of the Environmental Protection Agency shall appoint members from among Emergency Re- sponse Technicians and other appropriate employees of the Agency; and (2) the Administrator of the Drug En- forcement Administration shall appoint members from among Special Agents assigned to field divisions and other appropriate employees of the Administration. ‘‘(c) DUTIES OF TASK FORCE.—The Task Force shall formulate, establish, and implement a program for the cleanup and disposal of hazardous waste produced by il- legal drug laboratories. In formulating such program, the Task Force shall consider the following factors: ‘‘(1) The volume of hazardous waste produced by il- legal drug laboratories. ‘‘(2) The cost of cleaning up and disposing of haz- ardous waste produced by illegal drug laboratories. ‘‘(3) The effectiveness of the various methods of cleaning up and disposing of hazardous waste pro- duced by illegal drug laboratories. ‘‘(4) The coordination of the efforts of the Environ- mental Protection Agency and the Drug Enforcement Administration in cleaning up and disposing of haz- ardous waste produced by illegal drug laboratories. ‘‘(5) The dissemination of information to law en- forcement agencies that have responsibility for en- forcement of drug laws. ‘‘(d) GUIDELINES.—The Task Force shall recommend to the Administrators guidelines for cleanup of illegal drug laboratories to protect the public health and envi- ronment. Not later than 180 days after the date of the enactment of this subtitle [Nov. 18, 1988], the Adminis- trators shall formulate and publish such guidelines. ‘‘(e) DEMONSTRATION PROJECTS.— ‘‘(1) The Attorney General shall make grants to, and enter into contracts with, State and local gov- ernments for demonstration projects to clean up and safely dispose of substances associated with illegal drug laboratories which may present a danger to pub- lic health or the environment. ‘‘(2) The Attorney General may not under this sub- section make a grant or enter into a contract unless the applicant for such assistance agrees to comply with the guidelines issued pursuant to subsection (d). ‘‘(3) The Attorney General shall, through grant or contract, provide for independent evaluations of the activities carried out pursuant to this subsection and shall recommend appropriate legislation to the Con- gress. ‘‘(f) FUNDING.—Of the amounts made available to carry out the Controlled Substances Act [21 U.S.C. 801 et seq.] for fiscal year 1989, not less than $5,000,000 shall be made available to carry out subsections (d) and (e). ‘‘(g) REPORTS.—After consultation with the Task Force, the Administrators shall— ‘‘(1) transmit to the President and to each House of Congress not later than 270 days after the date of the Page 778 TITLE 21—FOOD AND DRUGS § 801 enactment of this subtitle [Nov. 18, 1988] a report de- scribing the program established by the Task Force under subsection (c) (including an analysis of the fac- tors specified in paragraphs (1) through (5) of that subsection); ‘‘(2) periodically transmit to the President and to each House of Congress reports describing the imple- mentation of the program established by the Task Force under subsection (c) (including an analysis of the factors specified in paragraphs (1) through (5) of that subsection) and the progress made in the clean- up and disposal of hazardous waste produced by ille- gal drug laboratories; and ‘‘(3) transmit to each House of Congress a report de- scribing the findings made as a result of the evalua- tions referred to in subsection (e)(3).’’ GREAT LAKES DRUG INTERDICTION Pub. L. 100–690, title VII, § 7404, Nov. 18, 1988, 102 Stat. 4484, provided that: ‘‘(a) INTERAGENCY AGREEMENT.—The Secretary of Transportation and the Secretary of the Treasury shall enter into an agreement for the purpose of increasing the effectiveness of maritime drug interdiction activi- ties of the Coast Guard and the Customs Service in the Great Lakes area. ‘‘(b) NEGOTIATIONS WITH CANADA ON DRUG ENFORCE- MENT COOPERATION.—The Secretary of State is encour- aged to enter into negotiations with appropriate offi- cials of the Government of Canada for the purpose of establishing an agreement between the United States and Canada which provides for increased cooperation and sharing of information between United States and Canadian law enforcement officials with respect to law enforcement efforts conducted on the Great Lakes be- tween the United States and Canada.’’ [For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.] [For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.] GAO STUDY OF CAPABILITIES OF UNITED STATES TO CONTROL DRUG SMUGGLING INTO UNITED STATES Pub. L. 100–180, div. A, title XII, § 1241, Dec. 4, 1987, 101 Stat. 1162, directed Comptroller General of the United States to conduct a comprehensive study regarding smuggling of illegal drugs into United States and cur- rent capabilities of United States to deter such smug- gling, with special consideration given to issues involv- ing use of military and National Guard units along with Customs Service in cooperative drug smuggling interdiction efforts, and to issue, not later than Apr. 30, 1988, and Mar. 31, 1989, reports to Congress outlining re- sults of this study. COMPLIANCE WITH BUDGET ACT Pub. L. 99–570, § 3, Oct. 27, 1986, 100 Stat. 3207–1, pro- vided that: ‘‘Notwithstanding any other provision of this Act [see Tables for classification], any spending authority and any credit authority provided under this Act shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropria- tion Acts. For purposes of this Act, the term ‘spending authority’ has the meaning provided in section 401(c)(2) of the Congressional Budget Act of 1974 [2 U.S.C. 651(c)(2)] and the term ‘credit authority’ has the mean- ing provided in section 3(10) of the Congresssional [sic] Budget Act of 1974 [2 U.S.C. 622(10)].’’ DRUG INTERDICTION Pub. L. 99–570, title III, §§ 3001–3003, 3301, Oct. 27, 1986, 100 Stat. 3207–73, 3207–74, 3207–98, as amended by Pub. L. 104–66, title I, § 1091(a), Dec. 21, 1995, 109 Stat. 722, pro- vided that: ‘‘SEC. 3001. SHORT TITLE. ‘‘This title [enacting section 379 of Title 10, Armed Forces, sections 1590, 1628, 1629, and 2081 of Title 19, Customs Duties, and section 312a of Title 47, Tele- communications, amending section 959 of this title, sections 374 and 911 of Title 10, sections 507, 1401, 1433, 1436, 1454, 1459, 1497, 1509, 1584 to 1586, 1594 to 1595a, 1613, 1613b, 1619, and 1622 of Title 19, section 5316 of Title 31, Money and Finance, section 12109 of Title 46, Shipping, sections 1901 to 1904 of Title 46, Appendix, Shipping, and sections 1401, 1472, 1474, and 1509 of former Title 49, Transportation, repealing section 1460 of Title 19, en- acting provisions set out as notes under section 801 of this title, sections 371, 374, 525, and 9441 of Title 10, sec- tions 1613b and 1654 of Title 19, section 403 of Title 23, Highways, section 1901 of Title 46, Appendix, section 11344 of Title 49, and section 1509 of former Title 49, and repealing provisions set out as a note under section 89 of Title 14, Coast Guard] may be cited as the ‘National Drug Interdiction Improvement Act of 1986’. ‘‘SEC. 3002. FINDINGS. ‘‘The Congress hereby finds that— ‘‘(1) a balanced, coordinated, multifaceted strategy for combating the growing drug abuse and drug traf- ficking problem in the United States is essential in order to stop the flow and abuse of drugs within our borders; ‘‘(2) a balanced, coordinated, multifaceted strategy for combating the narcotics drug abuse and traf- ficking in the United States should include— ‘‘(A) increased investigations of large networks of drug smuggler organizations; ‘‘(B) source country drug eradication; ‘‘(C) increased emphasis on stopping narcotics traffickers in countries through which drugs are transshipped; ‘‘(D) increased emphasis on drug education pro- grams in the schools and workplace; ‘‘(E) increased Federal Government assistance to State and local agencies, civic groups, school sys- tems, and officials in their efforts to combat the drug abuse and trafficking problem at the local level; and ‘‘(F) increased emphasis on the interdiction of drugs and drug smugglers at the borders of the United States, in the air, at sea, and on the land; ‘‘(3) funds to support the interdiction of narcotics smugglers who threaten the transport of drugs through the air, on the sea, and across the land bor- ders of the United States should be emphasized in the Federal Government budget process to the same ex- tent as the other elements of a comprehensive anti- drug effort are emphasized; ‘‘(4) the Department of Defense and the use of its resources should be an integral part of a comprehen- sive, natonal [national] drug interdiction program; ‘‘(5) the Federal Government civilian agencies en- gaged in drug interdiction, particularly the United States Customs Service and the Coast Guard, cur- rently lack the aircraft, ships, radar, command, con- trol, communications, and intelligence (C3I) system, and manpower resources necessary to mount a com- prehensive attack on the narcotics traffickers who threaten the United States; Page 779 TITLE 21—FOOD AND DRUGS § 801 ‘‘(6) the civilian drug interdiction agencies of the United States are currently interdicting only a small percentage of the illegal, drug smuggler penetrations in the United States every year; ‘‘(7) the budgets for our civilian drug interdiction agencies, primarily the United States Customs Serv- ice and the Coast Guard, have not kept pace with those of the traditional investigative law enforce- ment agencies of the Department of Justice; and ‘‘(8) since the amendment of the Posse Comitatus Act (18 U.S.C. 1385) in 1981, the Department of Defense has assisted in the effort to interdict drugs, but they can do more. ‘‘SEC. 3003. PURPOSES. ‘‘It is the purpose of this title— ‘‘(1) to increase the level of funding and resources available to civilian drug interdiction agencies of the Federal Government; ‘‘(2) to increase the level of support from the De- partment of Defense as consistent with the Posse Comitatus Act [18 U.S.C. 1385], for interdiction of the narcotics traffickers before such traffickers pene- trate the borders of the United States; and ‘‘(3) to improve other drug interdiction programs of the Federal Government. ‘‘SEC. 3301. ESTABLISHMENT OF A UNITED STATES- BAHAMAS DRUG INTERDICTION TASK FORCE ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) ESTABLISHMENT OF A UNITED STATES-BAHAMAS DRUG INTERDICTION TASK FORCE.—(A) There is author- ized to be established a United States-Bahamas Drug Interdiction Task Force to be operated jointly by the United States Government and the Government of the Bahamas. ‘‘(B) The Secretary of State, the Commandant of the Coast Guard, the Commissioner of Customs, the Attorney General, and the head of the National Nar- cotics Border Interdiction System (NNBIS), shall upon enactment of this Act [Oct. 27, 1986], imme- diately commence negotiations with the Government of the Bahamas to enter into a detailed agreement for the establishment and operation of a new drug inter- diction task force, including plans for (i) the joint op- eration and maintenance of any drug interdiction as- sets authorized for the task force in this section and section 3141 [see 19 U.S.C. 2075], and (ii) any training and personnel enhancements authorized in this sec- tion and section 3141. ‘‘(2) AMOUNTS AUTHORIZED.—There are authorized to be appropriated, in addition to any other amounts au- thorized to be appropriated in this title [see section 3001 of Pub. L. 99–570 set out above], $10,000,000 for the following: ‘‘(A) $9,000,000 for 3 drug interdiction pursuit heli- copters for use primarily for operations of the United States-Bahamas Drug Interdiction Task Force established under this section; and ‘‘(B) $1,000,000 to enhance communications capa- bilities for the operation of a United States- Bahamas Drug Interdiction Task Force established under this section. ‘‘(3) COAST GUARD-BAHAMAS DRUG INTERDICTION DOCKING FACILITY.—(A) There is authorized to be ap- propriated for acquisition, construction, and im- provements for the Coast Guard for fiscal year 1987, $5,000,000, to be used for initial design engineering, and other activities for construction of a drug inter- diction docking facility in the Bahamas to facilitate Coast Guard and Bahamian drug interdiction oper- ations in and through the Bahama Islands. Of the amounts authorized to be appropriated in this sub- section, such sums as may be necessary shall be available for necessary communication and air sup- port. ‘‘(B) The Commandant of the Coast Guard shall use such amounts appropriated pursuant to the author- ization in this paragraph as may be necessary to es- tablish a repair, maintenance, and boat lift facility to provide repair and maintenance services for both Coast Guard and Bahamian marine drug interdiction equipment, vessels, and related assets. ‘‘(b) CONCURRENCE BY SECRETARY OF STATE.—Pro- grams authorized by this section may be carried out only with the concurrence of the Secretary of State.’’ INFORMATION ON DRUG ABUSE AT THE WORKPLACE Pub. L. 99–570, title IV, § 4303, Oct. 27, 1986, 100 Stat. 3207–154, directed Secretary of Labor to collect such in- formation as is available on the incidence of drug abuse in the workplace and efforts to assist workers, includ- ing counseling, rehabilitation and employee assistance programs, to conduct such additional research as is necessary to assess the impact and extent of drug abuse and remediation efforts, and submit the findings of such collection and research to Congress no later than two years from Oct. 27, 1986. INTERAGENCY COORDINATION Pub. L. 99–570, title IV, § 4304, Oct. 27, 1986, 100 Stat. 3207–154, provided that: ‘‘(a) The Secretary of Education, the Secretary of Health and Human Services, and the Secretary of Labor shall each designate an officer or employee of the Departments of Education, Health and Human Services, and Labor, respectively, to coordinate inter- agency drug abuse prevention activities to prevent du- plication of effort. ‘‘(b) Within one year after enactment of this Act [Oct. 27, 1986], a report shall be jointly submitted to the Congress by such Secretaries concerning the extent to which States and localities have been able to imple- ment non-duplicative drug abuse prevention activi- ties.’’ SUBSTANCE ABUSE COVERAGE STUDY Pub. L. 99–570, title VI, § 6005, Oct. 27, 1986, 100 Stat. 3207–160, as amended by Pub. L. 100–690, title II, § 2058(c), Nov. 18, 1988, 102 Stat. 4214, directed Secretary of Health and Human Services to contract with Institute of Medicine of National Academy of Sciences to con- duct a study of extent to which cost of drug abuse treatment is covered by private insurance, public pro- grams, and other sources of payment, and adequacy of such coverage for the rehabilitation of drug abusers, and not later than 18 months after execution of such contract to transmit to Congress a report of results of study, including recommendations of means to meet the needs identified in such study. HEALTH INSURANCE COVERAGE FOR DRUG AND ALCOHOL TREATMENT Pub. L. 99–570, title VI, § 6006, Oct. 27, 1986, 100 Stat. 3207–160, provided that: ‘‘(a) FINDINGS.—The Congress finds that— ‘‘(1) drug and alcohol abuse are problems of grave concern and consequence in American society; ‘‘(2) over 500,000 individuals are known heroin ad- dicts; 5 million individuals use cocaine; and at least 7 million individuals regularly use prescription drugs, mostly addictive ones, without medical supervision; ‘‘(3) 10 million adults and 3 million children and adolescents abuse alcohol, and an additional 30 to 40 million people are adversely affected because of close family ties to alcoholics; ‘‘(4) the total cost of drug abuse to the Nation in 1983 was over $60,000,000,000; and ‘‘(5) the vast majority of health benefits plans pro- vide only limited coverage for treatment of drug and alcohol addiction, which is a fact that can discourage the abuser from seeking treatment or, if the abuser does seek treatment, can cause the abuser to face sig- nificant out of pocket expenses for the treatment. ‘‘(b) SENSE OF CONGRESS.—It is the sense of Congress that— ‘‘(1) all employers providing health insurance poli- cies should ensure that the policies provide adequate coverage for treatment of drug and alcohol addiction in recognition that the health consequences and costs Page 780 TITLE 21—FOOD AND DRUGS § 801 for individuals and society can be as formidable as those resulting from other diseases and illnesses for which insurance coverage is much more adequate; and ‘‘(2) State insurance commissioners should encour- age employers providing health benefits plans to en- sure that the policies provide more adequate cov- erage for treatment of drug and alcohol addiction.’’ COMMISSION ON MARIHUANA AND DRUG ABUSE Pub. L. 91–513, title II, § 601, Oct. 27, 1970, 84 Stat. 1280, as amended by Pub. L. 92–13, May 14, 1971, 85 Stat. 37, provided that: ‘‘(a) [ESTABLISHMENT; COMPOSITION] There is estab- lished a commission to be known as the Commission on Marihuana and Drug Abuse (hereafter in this section referred to as the ‘Commission’). The Commission shall be composed of— ‘‘(1) two Members of the Senate appointed by the President of the Senate; ‘‘(2) two Members of the House of Representatives appointed by the Speaker of the House of Representa- tives; and ‘‘(3) nine members appointed by the President of the United States. At no time shall more than one of the members ap- pointed under paragraph (1), or more than one of the members appointed under paragraph (2), or more than five of the members appointed under paragraph (3) be members of the same political party. ‘‘(b) [CHAIRMAN; VICE CHAIRMAN; COMPENSATION OF MEMBERS; MEETINGS] (1) The President shall designate one of the members of the Commission as Chairman and one as Vice Chairman. Seven members of the Com- mission shall constitute a quorum, but a lesser number may conduct hearings. ‘‘(2) Members of the Commission who are Members of Congress or full-time officers or employees of the United States shall serve without additional compensa- tion but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of the duties vested in the Commission. Members of the Commission from private life shall receive $100 per diem while engaged in the actual performance of the duties vested in the Commission, plus reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of such duties. ‘‘(3) The Commission shall meet at the call of the Chairman or at the call of a majority of the members thereof. ‘‘(c) [PERSONNEL; EXPERTS; INFORMATION FROM DE- PARTMENTS AND AGENCIES] (1) The Commission shall have the power to appoint and fix the compensation of such personnel as it deems advisable, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provi- sions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Sched- ule pay rates. ‘‘(2) The Commission may procure, in accordance with the provisions of section 3109 of title 5, United States Code, the temporary or intermittent services of experts or consultants. Persons so employed shall re- ceive compensation at a rate to be fixed by the Com- mission, but not in excess of $75 per diem, including traveltime. While away from his home or regular place of business in the performance of services for the Com- mission, any such person may be allowed travel ex- penses, including per diem in lieu of subsistence, as au- thorized by section 5703(b) of title 5, United States Code, for persons in the Government service employed intermittently. ‘‘(3) The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out its duties under this section. Upon request of the Chairman of the Commis- sion, such department or agency shall furnish such in- formation to the Commission. ‘‘(d) [MARIHUANA STUDY; REPORT TO THE PRESIDENT AND THE CONGRESS] (1) The Commission shall conduct a study of marihuana including, but not limited to, the following areas: ‘‘(A) the extent of use of marihuana in the United States to include its various sources of users, number of arrests, number of convictions, amount of mari- huana seized, type of user, nature of use; ‘‘(B) an evaluation of the efficacy of existing mari- huana laws; ‘‘(C) a study of the pharmacology of marihuana and its immediate and long-term effects, both physio- logical and psychological; ‘‘(D) the relationship of marihuana use to aggres- sive behavior and crime; ‘‘(E) the relationship between marihuana and the use of other drugs; and ‘‘(F) the international control of marihuana. ‘‘(2) Within one year after the date on which funds first become available to carry out this section, the Commission shall submit to the President and the Con- gress a comprehensive report on its study and inves- tigation under this subsection which shall include its recommendations and such proposals for legislation and administrative action as may be necessary to carry out its recommendations. ‘‘(e) [STUDY AND INVESTIGATION OF CAUSES OF DRUG ABUSE; REPORT TO THE PRESIDENT AND THE CONGRESS; TERMINATION OF COMMISSION] The Commission shall conduct a comprehensive study and investigation of the causes of drug abuse and their relative significance. The Commission shall submit to the President and the Congress such interim reports as it deems advisable and shall within two years after the date on which funds first become available to carry out this section submit to the President and the Congress a final report which shall contain a detailed statement of its findings and conclusions and also such recommendations for legislation and administrative actions as it deems ap- propriate. The Commission shall cease to exist sixty days after the final report is submitted under this sub- section. ‘‘(f) [LIMITATION ON EXPENDITURES] Total expenditures of the Commission shall not exceed $4,000,000.’’ DEFINITIONS Pub. L. 117–215, § 2(a), Dec. 2, 2022, 136 Stat. 2257, pro- vided that: ‘‘(a) IN GENERAL.—In this Act [see Short Title of 2022 Amendment note set out above]— ‘‘(1) the term ‘appropriately registered’ means that an individual or entity is registered under the Con- trolled Substances Act (21 U.S.C. 801 et seq.) to en- gage in the type of activity that is carried out by the individual or entity with respect to a controlled sub- stance on the schedule that is applicable to cannabidiol or marijuana, as applicable; ‘‘(2) the term ‘cannabidiol’ means— ‘‘(A) the substance, cannabidiol, as derived from marijuana that has a delta-9-tetrahydrocannabinol level that is greater than 0.3 percent; and ‘‘(B) the synthetic equivalent of the substance de- scribed in subparagraph (A); ‘‘(3) the terms ‘controlled substance’, ‘dispense’, ‘distribute’, ‘manufacture’, ‘marijuana’, and ‘practi- tioner’ have the meanings given such terms in sec- tion 102 of the Controlled Substances Act (21 U.S.C. 802), as amended by this Act; ‘‘(4) the term ‘covered institution of higher edu- cation’ means an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that— ‘‘(A)(i) has highest or higher research activity, as defined by the Carnegie Classification of Institu- tions of Higher Education; or ‘‘(ii) is an accredited medical school or an accred- ited school of osteopathic medicine; and ‘‘(B) is appropriately registered under the Con- trolled Substances Act (21 U.S.C. 801 et seq.); ‘‘(5) the term ‘drug’ has the meaning given the term in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)); Page 781 TITLE 21—FOOD AND DRUGS § 801 ‘‘(6) the term ‘medical research for drug develop- ment’ means medical research that is— ‘‘(A) a preclinical study or clinical investigation conducted in accordance with section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) or otherwise permitted by the Department of Health and Human Services to determine the poten- tial medical benefits of marijuana or cannabidiol as a drug; and ‘‘(B) conducted by a covered institution of higher education, practitioner, or manufacturer that is ap- propriately registered under the Controlled Sub- stances Act (21 U.S.C. 801 et seq.); and ‘‘(7) the term ‘State’ means any State of the United States, the District of Columbia, and any territory of the United States.’’ Executive Documents EXECUTIVE ORDER NO. 11599 Ex. Ord. No. 11599, June 17, 1971, 36 F.R. 11793, which established the Special Action Office for Drug Abuse Prevention, was superseded. See Prior Provisions notes set out under section 1111 of this title. EXECUTIVE ORDER NO. 11641 Ex. Ord. No. 11641, Jan. 28, 1972, 37 F.R. 2421, which es- tablished the Office for Drug Abuse Law Enforcement, was revoked by Ex. Ord. No. 11727, July 6, 1973, 38 F.R. 18357, set out below. EXECUTIVE ORDER NO. 11676 Ex. Ord. No. 11676, July 27, 1972, 37 F.R. 15125, which established the Office of National Narcotics Intel- ligence, was revoked by Ex. Ord. No. 11727, July 6, 1973, 38 F.R. 18357, set out below. EX. ORD. NO. 11727. DRUG LAW ENFORCEMENT Ex. Ord. No. 11727, July 6, 1973, 38 F.R. 18357, provided: Reorganization Plan No. 2 of 1973 [set out in the Ap- pendix to Title 5, Government Organization and Em- ployees], which becomes effective on July 1, 1973, among other things establishes a Drug Enforcement Administration in the Department of Justice. In my message to the Congress transmitting that plan, I stat- ed that all functions of the Office for Drug Abuse Law Enforcement (established pursuant to Executive Order No. 11641 of January 28, 1972) and the Office of National Narcotics Intelligence (established pursuant to Execu- tive Order No. 11676 of July 27, 1972) would, together with other related functions, be merged in the new Drug Enforcement Administration. NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and laws of the United States, including section 5317 of title 5 of the United States Code, as amended, it is hereby ordered as fol- lows: SECTION 1. The Attorney General, to the extent per- mitted by law, is authorized to coordinate all activities of executive branch departments and agencies which are directly related to the enforcement of laws respect- ing narcotics and dangerous drugs. Each department and agency of the Federal Government shall, upon re- quest and to the extent permitted by law, assist the At- torney General in the performance of functions as- signed to him pursuant to this order, and the Attorney General may, in carrying out those functions, utilize the services of any other agencies, Federal and State, as may be available and appropriate. SEC. 2. Executive Order No. 11641 of January 28, 1972, is revoked and the Attorney General shall provide for the reassignment of the functions of the Office for Drug Abuse Law Enforcement and for the abolishment of that Office. SEC. 3. Executive Order No. 11676 of July 27, 1972, is hereby revoked and the Attorney General shall provide for the reassignment of the functions of the Office of National Narcotics Intelligence and for the abolish- ment of that Office. SEC. 4. Section 1 of Executive Order No. 11708 of March 23, 1973, as amended [set out as a note under sec- tion 5317 of Title 5, Government Organization and Em- ployees], placing certain positions in level IV of the Ex- ecutive Schedule is hereby further amended by delet- ing— (1) ‘‘(6) Director, Office for Drug Abuse Law Enforce- ment, Department of Justice.’’; and (2) ‘‘(7) Director, Office of National Narcotics Intel- ligence, Department of Justice.’’ SEC. 5. The Attorney General shall provide for the winding up of the affairs of the two offices and for the reassignment of their functions. SEC. 6. This order shall be effective as of July 1, 1973. RICHARD NIXON. COMBATTING THE NATIONAL DRUG DEMAND AND OPIOID CRISIS Memorandum of President of the United States, Oct. 26, 2017, 82 F.R. 50305, provided: Memorandum for the Heads of Executive Depart- ments and Agencies By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby directed as follows: SECTION 1. Policy. It shall be the policy of the United States to use all lawful means to combat the drug de- mand and opioid crisis currently afflicting our country. Individuals, families, and communities across the United States continue to be devastated by an unprece- dented epidemic of drug abuse and overdose, including of prescription opioids, heroin, and illicit synthetic opioids. Last year, we lost at least 64,000 of our fellow Americans to drug overdose, primarily from opioids. This is an increase of approximately 12,000 people over the year before and more than ever recorded in United States history. Drug overdoses now kill more Ameri- cans than motor vehicle crashes or gun-related inci- dents, and more than 300,000 Americans have died of an opioid overdose since 2000. Further, more than 2.1 mil- lion of our fellow citizens are addicted to opioids, and in 2014 more than 1,500 people were treated each day in emergency departments for opioid-related emergencies. This crisis has devastated our communities. It has been particularly harmful for children affected by their parents’ drug abuse. The number of infants born drug- dependent increased by nearly 500 percent from 2000 to 2012. The number of children being placed into foster care due, at least in part, to parental drug abuse is in- creasing, and accounted for almost a third of all child removals in Fiscal Year 2015. Serious drug users are also more likely to be arrested for crimes such as bur- glary, robbery, and handling stolen goods. Moreover, the drug trafficking that supplies illegal drugs to our country is associated with other illegal activities, in- cluding murder and other violent crimes. All of this devastates lives and harms communities in both the United States and foreign countries involved in the il- legal drug supply chain. Federal, State, and local gov- ernments; law enforcement; first responders; the med- ical, public health, and substance abuse treatment community; and faith-based and community organiza- tions are working tirelessly and have even expanded their efforts to combat the drug demand and opioid cri- sis. Three factors are driving the opioid aspect of this cri- sis in particular. First, since the 1990s, there has been a dramatic rise in opioid pain medication prescriptions. Second, heroin from Mexico has flooded the country. Third, the illicit manufacture and illegal importation of fentanyl—an extremely deadly synthetic opioid—and its analogues and related compounds have proliferated. Fentanyl is currently manufactured almost exclusively in China, and it is either shipped into the United States or smuggled across the southern border by drug traf- fickers. Between 2013 and 2016, the amount of fentanyl seized by Customs and Border Protection at the border increased more than 200 times over. Dealers are in- creasingly lacing fentanyl into other drugs and press- Page 782 TITLE 21—FOOD AND DRUGS § 801a ing it into counterfeit opioid pills. Because fentanyl is lethal in even miniscule doses, this is an extremely deadly tactic, as it too often causes users to ingest a fatal amount unknowingly. SEC. 2. Agency Action. The Secretary of Health and Human Services shall, consistent with section 319 of the Public Health Service Act, 42 U.S.C. 247d, consider declaring that the drug demand and opioid crisis de- scribed in section 1 of this memorandum constitutes a Public Health Emergency. Additionally, the heads of executive departments and agencies, as appropriate and consistent with law, shall exercise all appropriate emergency authorities, as well as other relevant au- thorities, to reduce the number of deaths and minimize the devastation the drug demand and opioid crisis in- flicts upon American communities. SEC. 3. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The Secretary of Health and Human Services is hereby authorized and directed to publish this memo- randum in the Federal Register. DONALD J. TRUMP. § 801a. Congressional findings and declarations: psychotropic substances The Congress makes the following findings and declarations: (1) The Congress has long recognized the danger involved in the manufacture, distribu- tion, and use of certain psychotropic sub- stances for nonscientific and nonmedical pur- poses, and has provided strong and effective legislation to control illicit trafficking and to regulate legitimate uses of psychotropic sub- stances in this country. Abuse of psychotropic substances has become a phenomenon common to many countries, however, and is not con- fined to national borders. It is, therefore, es- sential that the United States cooperate with other nations in establishing effective controls over international traffic in such substances. (2) The United States has joined with other countries in executing an international trea- ty, entitled the Convention on Psychotropic Substances and signed at Vienna, Austria, on February 21, 1971, which is designed to estab- lish suitable controls over the manufacture, distribution, transfer, and use of certain psy- chotropic substances. The Convention is not self-executing, and the obligations of the United States thereunder may only be per- formed pursuant to appropriate legislation. It is the intent of the Congress that the amend- ments made by this Act, together with exist- ing law, will enable the United States to meet all of its obligations under the Convention and that no further legislation will be necessary for that purpose. (3) In implementing the Convention on Psy- chotropic Substances, the Congress intends that, consistent with the obligations of the United States under the Convention, control of psychotropic substances in the United States should be accomplished within the framework of the procedures and criteria for classification of substances provided in the Comprehensive Drug Abuse Prevention and Control Act of 1970 [21 U.S.C. 801 et seq.]. This will insure that (A) the availability of psycho- tropic substances to manufacturers, distribu- tors, dispensers, and researchers for useful and legitimate medical and scientific purposes will not be unduly restricted; (B) nothing in the Convention will interfere with bona fide re- search activities; and (C) nothing in the Con- vention will interfere with ethical medical practice in this country as determined by the Secretary of Health and Human Services on the basis of a consensus of the views of the American medical and scientific community. (Pub. L. 95–633, title I, § 101, Nov. 10, 1978, 92 Stat. 3768; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) Editorial Notes REFERENCES IN TEXT This Act, referred to in par. (2), is Pub. L. 95–633, Nov. 10, 1978, 92 Stat. 2768, as amended, known as the Psy- chotropic Substances Act of 1978, which enacted sec- tions 801a, 830, and 852 of this title, amended sections 352, 802, 811, 812, 823, 827, 841 to 843, 872, 881, 952, 953, and 965 of this title and section 242a of Title 42, The Public Health and Welfare, repealed section 830 of this title ef- fective Jan. 1, 1981, and enacted provisions set out as notes under sections 801, 801a, 812, and 830 of this title. For complete classification of this Act to the Code, see Short Title of 1978 Amendment note set out under sec- tion 801 of this title and Tables. The Comprehensive Drug Abuse Prevention and Con- trol Act of 1970, referred to in par. (3), is Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1236, which is classified prin- cipally to this chapter [§ 801 et seq.]. For complete clas- sification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables. CODIFICATION Section was enacted as a part of the Psychotropic Substances Act of 1978, and not as a part of the Con- trolled Substances Act which comprises this sub- chapter. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ in par. (3) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. EFFECTIVE DATE Pub. L. 95–633, title I, § 112, Nov. 10, 1978, 92 Stat. 3774, provided that: ‘‘This title [enacting this section and section 852 of this title, amending sections 352, 802, 811, 812, 823, 827, 872, 952, and 953 of this title and section 242a of Title 42, The Public Health and Welfare, and en- acting provisions set out as notes under sections 801 and 812 of this title] and the amendments made by this title shall take effect on the date the Convention on Psychotropic Substances, signed at Vienna, Austria on February 21, 1971, enters into force in respect to the United States.’’ [The Convention entered into force in respect to the United States on July 15, 1980.] § 802. Definitions As used in this subchapter: