Laws: Cases and Codes : U.S. Code : Title 21 : Section 802
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U.S. Code as of:
01/19/04
Section 802 - Notes
SOURCE
(Pub. L. 91-513, title II, Sec. 102, Oct. 27, 1970, 84 Stat. 1242;
Pub. L. 93-281, Sec. 2, May 14, 1974, 88 Stat. 124; Pub. L. 95-633,
title I, Sec. 102(b), Nov. 10, 1978, 92 Stat. 3772; Pub. L. 96-88,
title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 96-132,
Sec. 16(a), Nov. 30, 1979, 93 Stat. 1049; Pub. L. 98-473, title II,
Sec. 507(a), (b), Oct. 12, 1984, 98 Stat. 2071; Pub. L. 98-509,
title III, Sec. 301(a), Oct. 19, 1984, 98 Stat. 2364; Pub. L.
99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99-570,
title I, Secs. 1003(b), 1203, 1870, Oct. 27, 1986, 100 Stat.
3207-6, 3207-13, 3207-56; Pub. L. 99-646, Sec. 83, Nov. 10, 1986,
100 Stat. 3619; Pub. L. 100-690, title VI, Sec. 6054, Nov. 18,
1988, 102 Stat. 4316; Pub. L. 101-647, title XIX, Sec. 1902(b),
title XXIII, Sec. 2301, title XXXV, Sec. 3599I, Nov. 29, 1990, 104
Stat. 4852, 4858, 4932; Pub. L. 103-200, Secs. 2(a), 7-9(a), Dec.
17, 1993, 107 Stat. 2333, 2340; Pub. L. 103-322, title IX, Sec.
90105(d), title XXXIII, Sec. 330024(a), (b), (d)(1), Sept. 13,
1994, 108 Stat. 1988, 2150; Pub. L. 104-237, title II, Secs.
204(a), 209, title IV, Sec. 401(a), (b), Oct. 3, 1996, 110 Stat.
3102, 3104, 3106, 3107; Pub. L. 104-294, title VI, Secs. 604(b)(4),
607(j), Oct. 11, 1996, 110 Stat. 3506, 3512; Pub. L. 105-115, title
I, Sec. 126(c)(3), Nov. 21, 1997, 111 Stat. 2328; Pub. L. 106-172,
Secs. 3(c), 5(a), Feb. 18, 2000, 114 Stat. 9, 10; Pub. L. 106-310,
div. B, title XXXVI, Sec. 3622(a), Oct. 17, 2000, 114 Stat. 1231;
Pub. L. 107-273, div. B, title IV, Sec. 4002(c)(1), Nov. 2, 2002,
116 Stat. 1808.)
REFERENCES IN TEXT
This subchapter, referred to in introductory provisions and in
par. (39)(A)(iii), (v), was in the original "this title", meaning
title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as
amended, and is popularly known as the "Controlled Substances Act".
For complete classification of title II to the Code, see second
paragraph of Short Title note set out under section 801 of this
title and Tables.
Schedules I, II, III, IV, and V, referred to in pars. (6), (14),
and (32)(A), are set out in section 812(c) of this title.
Subchapter II of this chapter, referred to in par. (39)(A)(iii),
(v), was in the original "title III", meaning title III of Pub. L.
91-513, Oct. 27, 1970, 84 Stat. 1285. Part A of title III comprises
subchapter II of this chapter. For classification of Part B,
consisting of sections 1101 to 1105 of title III, see Tables.
The Federal Food, Drug, and Cosmetic Act, referred to in par.
(39)(A)(iv), is act June 25, 1938, ch. 675, 52 Stat. 1040, as
amended, which is classified generally to chapter 9 (Sec. 301 et
seq.) of this title. For complete classification of this Act to the
Code, see section 301 of this title and Tables.
Section 401(d) of the Comprehensive Methamphetamine Control Act
of 1996, referred to in par. (39)(A)(iv)(I)(aa), is section 401(d)
of Pub. L. 104-237, which is set out below.
AMENDMENTS
2002 - Pars. (43), (44). Pub. L. 107-273 repealed Pub. L.
104-294, Secs. 604(b)(4), 607(j)(2). See 1996 Amendment note below.
2000 - Par. (32)(A). Pub. L. 106-172, Sec. 5(a)(1), substituted
"subparagraph (C)" for "subparagraph (B)" in introductory
provisions.
Par. (32)(B), (C). Pub. L. 106-172, Sec. 5(a)(2), (3), added
subpar. (B) and redesignated former subpar. (B) as (C).
Par. (34)(X), (Y). Pub. L. 106-172, Sec. 3(c), added subpar. (X)
and redesignated former subpar. (X) as (Y).
Par. (39)(A)(iv)(II). Pub. L. 106-310 substituted "9 grams" for
"24 grams" in two places and inserted before semicolon at end "and
sold in package sizes of not more than 3 grams of pseudoephedrine
base or 3 grams of phenylpropanolamine base".
1997 - Par. (9)(A). Pub. L. 105-115 redesignated cl. (i) as
subpar. (A) and struck out cl. (ii) which read as follows: "any
derivative of barbituric acid which has been designated by the
Secretary as habit forming under section 352(d) of this title; or".
1996 - Par. (26). Pub. L. 104-294, Sec. 607(j)(1), amended par.
(26) generally. Prior to amendment, par. (26) read as follows: "The
term 'State' means any State, territory, or possession of the
United States, the District of Columbia, the Commonwealth of Puerto
Rico, the Trust Territory of the Pacific Islands, and the Canal
Zone."
Par. (34)(P), (S), (U). Pub. L. 104-237, Sec. 209(1), substituted
"Isosafrole" for "Insosafrole" in subpar. (P), "N-Methylephedrine"
for "N-Methylepherdrine" in subpar. (S), and "Hydriodic acid" for
"Hydriotic acid" in subpar. (U).
Par. (35)(G). Pub. L. 104-237, Sec. 209(2), amended subpar. (G)
generally, inserting "(or Methyl Ethyl Ketone)" before period at
end.
Par. (35)(I), (J). Pub. L. 104-237, Sec. 204(a), added subpars.
(I) and (J).
Par. (39)(A)(iv)(I)(aa). Pub. L. 104-237, Sec. 401(a)(1), (b)(1),
substituted ", pseudoephedrine or its salts, optical isomers, or
salts of optical isomers, or phenylpropanolamine or its salts,
optical isomers, or salts of optical isomers unless otherwise
provided by regulation of the Attorney General issued pursuant to
section 814(e) of this title, except that any sale of ordinary
over-the-counter pseudoephedrine or phenylpropanolamine products by
retail distributors shall not be a regulated transaction (except as
provided in section 401(d) of the Comprehensive Methamphetamine
Control Act of 1996);" for "as the only active medicinal ingredient
or contains ephedrine or its salts, optical isomers, or salts of
optical isomers and therapeutically insignificant quantities of
another active medicinal ingredient;".
Par. (39)(A)(iv)(II). Pub. L. 104-237, Sec. 401(a)(2), (b)(2),
inserted ", pseudoephedrine, phenylpropanolamine," after
"ephedrine" and inserted before semicolon ", except that the
threshold for any sale of products containing pseudoephedrine or
phenylpropanolamine products by retail distributors or by
distributors required to submit reports by section 830(b)(3) of
this title shall be 24 grams of pseudoephedrine or 24 grams of
phenylpropanolamine in a single transaction".
Pars. (43), (44). Pub. L. 104-294, Secs. 604(b)(4), 607(j)(2),
which provided for amendment to section identical to Pub. L.
104-237, Sec. 401(b)(3), below, were repealed by Pub. L. 107-273,
Sec. 4002(c)(1).
Pub. L. 104-237, Sec. 401(b)(3), redesignated par. (43), relating
to felony drug offense, as (44).
Pars. (45), (46). Pub. L. 104-237, Sec. 401(b)(4), added pars.
(45) and (46).
1994 - Par. (34)(V), (W). Pub. L. 103-322, Sec. 330024(b),
realigned margins and capitalized first letter.
Par. (35). Pub. L. 103-322, Sec. 330024(d)(1), made technical
correction to directory language of Pub. L. 103-200, Sec.
2(a)(4)(B). See 1993 Amendment note below.
Par. (39)(A)(iv)(II). Pub. L. 103-322, Sec. 330024(a),
substituted "; or" for period at end.
Par. (43). Pub. L. 103-322, Sec. 90105(d), added par. (43)
defining "felony drug offense".
1993 - Par. (33). Pub. L. 103-200, Sec. 2(a)(1), substituted "any
list I chemical or any list II chemical" for "any listed precursor
chemical or listed essential chemical".
Par. (34). Pub. L. 103-200, Sec. 2(a)(2), substituted "list I
chemical" for "listed precursor chemical" and "important to the
manufacture" for "critical to the creation" in introductory
provisions.
Par. (34)(A), (F), (H). Pub. L. 103-200, Sec. 2(a)(3), inserted
", its esters," before "and".
Par. (34)(O). Pub. L. 103-200, Sec. 8(1), (2), redesignated
subpar. (P) as (O) and struck out former subpar. (O) which read as
follows: "D-lysergic acid."
Par. (34)(P) to (S). Pub. L. 103-200, Sec. 8(2), redesignated
subpars. (Q) to (T) as (P) to (S), respectively. Former subpar. (P)
redesignated (O).
Par. (34)(T). Pub. L. 103-200, Sec. 8(2), redesignated subpar.
(V) as (T). Former subpar. (T) redesignated (S).
Par. (34)(U). Pub. L. 103-200, Sec. 8(1), (2), redesignated
subpar. (X) as (U) and struck out former subpar. (U) which read as
follows: "N-ethylephedrine."
Par. (34)(V). Pub. L. 103-200, Sec. 8(2), (4), added subpar. (V)
and redesignated former subpar. (V) as (T).
Par. (34)(W). Pub. L. 103-200, Sec. 8(1), (4), added subpar. (W)
and struck out former subpar. (W) which read as follows:
"N-ethylpseudoephedrine."
Par. (34)(X). Pub. L. 103-200, Sec. 8(2), (3), redesignated
subpar. (Y) as (X) and substituted "through (U)" for "through (X)".
Par. (34)(Y). Pub. L. 103-200, Sec. 8(2), redesignated subpar.
(Y) as (X).
Par. (35). Pub. L. 103-200, Sec. 2(a)(4)(A), (C), substituted
"list II chemical" for "listed essential chemical" and struck out
"as a solvent, reagent, or catalyst" before "in manufacturing".
Pub. L. 103-200, Sec. 2(a)(4)(B), as amended by Pub. L. 103-322,
Sec. 330024(d)(1), inserted "(other than a list I chemical)" before
"specified" the first time appearing.
Par. (37). Pub. L. 103-200, Sec. 9(a), amended par. (37)
generally. Prior to amendment, par. (37) read as follows: "The term
'regular supplier' means, with respect to a regulated person, a
supplier with whom the regulated person has an established business
relationship that is reported to the Attorney General."
Par. (38). Pub. L. 103-200, Sec. 2(a)(5), inserted before period
at end "or who acts as a broker or trader for an international
transaction involving a listed chemical, a tableting machine, or an
encapsulating machine".
Par. (39)(A). Pub. L. 103-200, Secs. 2(a)(6)(A), 7, in
introductory provisions, substituted "importation, or exportation
of, or an international transaction involving shipment of," for
"importation or exportation of" and inserted "a listed chemical, or
if the Attorney General establishes a threshold amount for a
specific listed chemical," before "a threshold amount,".
Par. (39)(A)(iii). Pub. L. 103-200, Sec. 2(a)(6)(B), inserted "or
any category of transaction for a specific listed chemical or
chemicals" after "transaction".
Par. (39)(A)(iv). Pub. L. 103-200, Sec. 2(a)(6)(C), amended cl.
(iv) generally. Prior to amendment, cl. (iv) read as follows: "any
transaction in a listed chemical that is contained in a drug that
may be marketed or distributed lawfully in the United States under
the Federal Food, Drug, and Cosmetic Act; or".
Par. (39)(A)(v). Pub. L. 103-200, Sec. 2(a)(6)(D), inserted
before semicolon at end "which the Attorney General has by
regulation designated as exempt from the application of this
subchapter and subchapter II of this chapter based on a finding
that the mixture is formulated in such a way that it cannot be
easily used in the illicit production of a controlled substance and
that the listed chemical or chemicals contained in the mixture
cannot be readily recovered".
Par. (40). Pub. L. 103-200, Sec. 2(a)(7), substituted "list I
chemical or a list II chemical" for "listed precursor chemical or a
listed essential chemical" in two places.
Pars. (42), (43). Pub. L. 103-200, Sec. 2(a)(8), added pars. (42)
and (43).
1990 - Par. (32)(A). Pub. L. 101-647, Sec. 3599I, substituted
"the stimulant" for "the stimulent" in cl. (ii) and "a stimulant"
for "a stimulent" in cl. (iii).
Par. (34)(M) to (Y). Pub. L. 101-647, Sec. 2301(a), added
subpars. (M) to (Y).
Par. (35)(E). Pub. L. 101-647, Sec. 2301(b), struck out subpar.
(E) "Hydriodic acid."
Par. (41). Pub. L. 101-647, Sec. 1902(b), added par. (41).
1988 - Par. (8). Pub. L. 100-690, Sec. 6054(1), inserted "or a
listed chemical" after "a controlled substance".
Par. (11). Pub. L. 100-690, Sec. 6054(2), inserted "or a listed
chemical" after "a controlled substance" in two places.
Pars. (33) to (40). Pub. L. 100-690, Sec. 6054(3), added pars.
(33) to (40).
1986 - Par. (6). Pub. L. 99-514 substituted "Internal Revenue
Code of 1986" for "Internal Revenue Code of 1954".
Par. (14). Pub. L. 99-570, Sec. 1870, and Pub. L. 99-646 amended
par. (14) identically, substituting "any optical" for "the optical"
in second and third sentences.
Par. (25). Pub. L. 99-570, Sec. 1003(b)(1), added par. (25).
Former par. (25) redesignated (26).
Pars. (26) to (31). Pub. L. 99-570, Sec. 1003(b)(2), redesignated
pars. (25) to (30) as (26) to (31), respectively.
Par. (32). Pub. L. 99-570, Sec. 1203, added par. (32).
1984 - Pars. (14) to (16). Pub. L. 98-473, Sec. 507(a), added
par. (14) and redesignated former pars. (14) to (16) as (15) to
(17), respectively.
Par. (17). Pub. L. 98-473, Sec. 507, redesignated former par.
(16) as (17), and expanded and revised definition of "narcotic
drug", including within term poppy straw, cocaine, and ecgonine.
Former par. (17) redesignated (18).
Pars. (18) to (28). Pub. L. 98-473, Sec. 507(a), redesignated
former pars. (17) to (27) as (18) to (28), respectively.
Par. (29). Pub. L. 98-509 which directed the substitution of "one
hundred and eighty" for "twenty-one" in par. (28), was executed to
par. (29) in view of the redesignation of par. (28) as par. (29) by
Pub. L. 98-473.
Pub. L. 98-473, Sec. 507(a), redesignated former par. (28) as
(29). Former par. (29) redesignated (30).
Par. (30). Pub. L. 98-473, Sec. 507(a), redesignated former par.
(29) as (30).
1979 - Par. (4). Pub. L. 96-132 substituted provisions defining
"Drug Enforcement Administration" for provisions defining "Bureau
of Narcotics and Dangerous Drugs".
1978 - Par. (29). Pub. L. 95-633 added par. (29).
1974 - Pars. (27), (28). Pub. L. 93-281 added pars. (27) and
(28).
CHANGE OF NAME
"Secretary of Health and Human Services" substituted for
"Secretary of Health, Education, and Welfare" in par. (24) pursuant
to section 509(b) of Pub. L. 96-88, which is classified to section
3508(b) of Title 20, Education.
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107-273, div. B, title IV, Sec. 4002(c)(1), Nov. 2, 2002,
116 Stat. 1808, provided that the amendment made by section
4002(c)(1) is effective Oct. 11, 1996.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 384, 814, 822, 823, 830,
862a, 889, 951, 956, 957, 958, 967, 1115, 1701, 1907 of this title;
title 7 sections 2015, 2021; title 8 sections 1101, 1182, 1227;
title 10 section 986; title 16 section 559b; title 18 sections
175b, 342, 521, 842, 922, 924, 1791, 1952, 1961, 2118, 3142, 3563,
3592; title 19 sections 1401, 1584, 1607; title 20 section 1091;
title 22 sections 2291, 2708, 2714; title 23 section 410; title 25
section 4103; title 29 sections 1111, 1854, 2892; title 42 sections
201, 1437a, 1437d, 1437f, 1786, 2000e-2, 2473c, 3602, 3607, 5667,
5667a, 9601, 9919, 11851, 11905, 11924, 12602; title 46 section
2101; title 46 App. section 1903; title 48 sections 1902, 1903;
title 49 sections 5331, 20140, 30301, 31102, 31301, 31306, 44106,
44111, 44703, 44710, 44713, 45101, 46306, 46317, 80302.
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