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

Many of the drugs included within this subchapter have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the American people. The illegal importation, manufacture, distribution, and possession and improper use of controlled substances have a substantial and detrimental effect on the health and general welfare of the American people. after manufacture, many controlled substances are transported in interstate commerce, controlled substances distributed locally usually have been transported in interstate commerce immediately before their distribution, and controlled substances possessed commonly flow through interstate commerce immediately prior to such possession. Local distribution and possession of controlled substances contribute to swelling the interstate traffic in such substances. 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 controlled substances manufactured and distributed interstate and controlled substances manufactured and distributed intrastate. Federal control of the intrastate incidents of the traffic in controlled substances is essential to the effective control of the interstate incidents of such traffic. 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 domestic traffic in controlled substances. 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 begins after the day immediately preceding the date of enactment [ Oct. 27, 1970 ]. 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 sections 705 through 709 [sections 901 to 904 of this title and note set out below], shall become effective upon enactment [ Oct. 27, 1970 ]. Sections 305 (relating to labels and labeling) [ section 825 of this title ], and 306 (relating to manufacturing 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 effective date of either or both of these sections for such period as he may determine to be necessary for the efficient administration of this title [see Short Title note below].” the currently known potential harms and benefits 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 the currently known potential harms and benefits of marijuana and marijuana derivatives, including cannabidiol, as a treatment with the patient or the legal guardian of the patient of the physician if the patient is a legal adult.” model protocols for the collection of toxicology specimens and the taking of victim statements 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 contribute to rape, other crimes of violence, or other crimes involving abuse of gamma hydroxybutyric acid, other controlled substances, or so-called ‘designer drugs’; and model training materials for law enforcement personnel involved in such investigations; and make such protocols and training materials available to Federal, State, and local personnel responsible for such investigations. 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 related substances. There are authorized to be appropriated such sums as may be necessary to carry out this subsection. Not later than 180 days after the date of the enactment of this Act [ Feb. 18, 2000 ], the Attorney General shall submit to the Committees on the Judiciary of the Senate and House of Representatives a report on current mechanisms for coordinating Federal, State, and local 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 contribute to rape, other crimes of violence, or other crimes involving the abuse of gamma hydroxybutyric acid, other controlled substances, or so-called ‘designer drugs’. The report shall also include recommendations for the improvement of such mechanisms. The Secretary of Health and Human Services (in this section referred to as the ‘Secretary’) shall periodically submit to Congress reports each of which provides an estimate of the number of incidents 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 annually thereafter. The dangers of date-rape drugs. The applicability of the Controlled Substances Act [ 21 U.S.C. 801 et seq.] to such drugs, including penalties under such Act. Recognizing the symptoms that indicate an individual may be a victim of such drugs, including symptoms with respect to sexual assault. Appropriately responding when an individual has such symptoms. The individuals referred to in subparagraph (A) are young adults, youths, law enforcement personnel, educators, school nurses, counselors of rape victims, and emergency room personnel in hospitals. Not later than 180 days after the date of the enactment of this Act [ Feb. 18, 2000 ], the Secretary shall establish an advisory committee to make recommendations to the Secretary regarding the plan under subparagraph (A). The committee shall be composed of individuals who collectively possess expertise on the effects of date-rape drugs and on detecting and controlling the drugs. 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 commence 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. 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.” Methamphetamine is a very dangerous and harmful drug. It is highly addictive and is associated with permanent brain damage in long-term users. a dramatic increase in deaths associated with methamphetamine ingestion; an increase in the number of violent crimes associated with methamphetamine ingestion; and 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. Illegal methamphetamine manufacture and abuse presents an imminent public health threat that warrants aggressive law enforcement action, increased research on methamphetamine and other substance abuse, increased coordinated efforts to prevent methamphetamine abuse, and increased monitoring of the public health threat methamphetamine presents to the communities of the United States.” There is established the Joint Federal Task Force on Illegal Drug Laboratories (hereafter in this section referred to as the ‘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 ‘Administrators’). 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 Administrator of the Environmental Protection Agency shall appoint members from among Emergency Response Technicians and other appropriate employees of the Agency; and (2) the Administrator of the Drug Enforcement Administration shall appoint members from among Special Agents assigned to field divisions and other appropriate employees of the Administration. The volume of hazardous waste produced by illegal drug laboratories. The cost of cleaning up and disposing of hazardous waste produced by illegal drug laboratories. The effectiveness of the various methods of cleaning up and disposing of hazardous waste produced by illegal drug laboratories. The coordination of the efforts of the Environmental Protection Agency and the Drug Enforcement Administration in cleaning up and disposing of hazardous waste produced by illegal drug laboratories. The dissemination of information to law enforcement agencies that have responsibility for enforcement of drug laws. The Task Force shall recommend to the Administrators guidelines for cleanup of illegal drug laboratories to protect the public health and environment. Not later than 180 days after the date of the enactment of this subtitle [ Nov. 18, 1988 ], the Administrators shall formulate and publish such guidelines. The Attorney General shall make grants to, and enter into contracts with, State and local governments for demonstration projects to clean up and safely dispose of substances associated with illegal drug laboratories which may present a danger to public health or the environment. The Attorney General may not under this subsection 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). 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 Congress. 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). transmit to the President and to each House of Congress not later than 270 days after the date of the enactment of this subtitle [ Nov. 18, 1988 ] a report describing 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); periodically transmit to the President and to each House of Congress reports describing the implementation 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 cleanup and disposal of hazardous waste produced by illegal drug laboratories; and transmit to each House of Congress a report describing the findings made as a result of the evaluations referred to in subsection (e)(3).” 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 activities of the Coast Guard and the Customs Service in the Great Lakes area. The Secretary of State is encouraged to enter into negotiations with appropriate officials 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 between the United States and Canada.” “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 , Telecommunications, 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 , enacting provisions set out as notes under section 801 of this title , sections 371, 374, 525, and 9441 of Title 10, sections 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’. a balanced, coordinated, multifaceted strategy for combating the growing drug abuse and drug trafficking problem in the United States is essential in order to stop the flow and abuse of drugs within our borders; increased investigations of large networks of drug smuggler organizations; source country drug eradication; increased emphasis on stopping narcotics traffickers in countries through which drugs are transshipped; increased emphasis on drug education programs in the schools and workplace; increased Federal Government assistance to State and local agencies, civic groups, school systems, and officials in their efforts to combat the drug abuse and trafficking problem at the local level; and 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; funds to support the interdiction of narcotics smugglers who threaten the transport of drugs through the air, on the sea, and across the land borders of the United States should be emphasized in the Federal Government budget process to the same extent as the other elements of a comprehensive antidrug effort are emphasized; the Department of Defense and the use of its resources should be an integral part of a comprehensive, natonal [national] drug interdiction program; the Federal Government civilian agencies engaged in drug interdiction, particularly the United States Customs Service and the Coast Guard, currently lack the aircraft, ships, radar, command, control, communications, and intelligence (C3I) system, and manpower resources necessary to mount a comprehensive attack on the narcotics traffickers who threaten the United States; 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; the budgets for our civilian drug interdiction agencies, primarily the United States Customs Service and the Coast Guard, have not kept pace with those of the traditional investigative law enforcement agencies of the Department of Justice; and 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. to increase the level of funding and resources available to civilian drug interdiction agencies of the Federal Government; to increase the level of support from the Department of Defense as consistent with the Posse Comitatus Act [ 18 U.S.C. 1385 ], for interdiction of the narcotics traffickers before such traffickers penetrate the borders of the United States; and to improve other drug interdiction programs of the Federal Government. There is authorized 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. The Secretary of State, the Commandant of the Coast Guard, the Commissioner of Customs, the Attorney General, and the head of the National Narcotics Border Interdiction System (NNBIS), shall upon enactment of this Act [ Oct. 27, 1986 ], immediately commence negotiations with the Government of the Bahamas to enter into a detailed agreement for the establishment and operation of a new drug interdiction task force, including plans for (i) the joint operation and maintenance of any drug interdiction assets 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 section and section 3141. $9,000,000 for 3 drug interdiction pursuit helicopters for use primarily for operations of the United States-Bahamas Drug Interdiction Task Force established under this section; and $1,000,000 to enhance communications capabilities for the operation of a United States-­Bahamas Drug Interdiction Task Force established under this section. There is authorized to be appropriated for acquisition, construction, and improvements 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 interdiction docking facility in the Bahamas to facilitate Coast Guard and Bahamian drug interdiction operations in and through the Bahama Islands. Of the amounts authorized to be appropriated in this subsection, such sums as may be necessary shall be available for necessary communication and air support. The Commandant of the Coast Guard shall use such amounts appropriated pursuant to the authorization in this paragraph as may be necessary to establish 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. Programs authorized by this section may be carried out only with the concurrence of the Secretary of State.” 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 interagency drug abuse prevention activities to prevent duplication of effort. 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 implement non-duplicative drug abuse prevention activities.” drug and alcohol abuse are problems of grave concern and consequence in American society; over 500,000 individuals are known heroin addicts; 5 million individuals use cocaine; and at least 7 million individuals regularly use prescription drugs, mostly addictive ones, without medical supervision; 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; the total cost of drug abuse to the Nation in 1983 was over $60,000,000,000; and the vast majority of health benefits plans provide 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 significant out of pocket expenses for the treatment. all employers providing health insurance policies should ensure that the policies provide adequate coverage for treatment of drug and alcohol addiction in recognition that the health consequences and costs 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 State insurance commissioners should encourage employers providing health benefits plans to ensure that the policies provide more adequate coverage for treatment of drug and alcohol addiction.” two Members of the Senate appointed by the President of the Senate; two Members of the House of Representatives appointed by the Speaker of the House of Representatives; and nine members appointed by the President of the United States. The President shall designate one of the members of the Commission as Chairman and one as Vice Chairman. Seven members of the Commission shall constitute a quorum, but a lesser number may conduct hearings. Members of the Commission who are Members of Congress or full-time officers or employees of the United States shall serve without additional compensation 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. The Commission shall meet at the call of the Chairman or at the call of a majority of the members thereof. 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 provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. 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 receive compensation at a rate to be fixed by the Commission, 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 Commission, any such person may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703(b) of title 5 , United States Code, for persons in the Government service employed intermittently. 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 Commission, such department or agency shall furnish such information to the Commission. 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 marihuana seized, type of user, nature of use; an evaluation of the efficacy of existing marihuana laws; a study of the pharmacology of marihuana and its immediate and long-term effects, both physiological and psychological; the relationship of marihuana use to aggressive behavior and crime; the relationship between marihuana and the use of other drugs; and the international control of marihuana. 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 Congress a comprehensive report on its study and investigation 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. the term ‘appropriately registered’ means that an individual or entity is registered under the Controlled Substances Act ( 21 U.S.C. 801 et seq.) to engage in the type of activity that is carried out by the individual or entity with respect to a controlled substance on the schedule that is applicable to cannabidiol or marijuana, as applicable; the substance, cannabidiol, as derived from marijuana that has a delta-9-tetrahydrocannabinol level that is greater than 0.3 percent; and the synthetic equivalent of the substance described in subparagraph (A); the terms ‘controlled substance’, ‘dispense’, ‘distribute’, ‘manufacture’, ‘marijuana’, and ‘practitioner’ have the meanings given such terms in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ), as amended by this Act; has highest or higher research activity, as defined by the Carnegie Classification of Institutions of Higher Education; or is an accredited medical school or an accredited school of osteopathic medicine; and is appropriately registered under the Controlled Substances Act ( 21 U.S.C. 801 et seq.); 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) ); 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 potential medical benefits of marijuana or cannabidiol as a drug; and conducted by a covered institution of higher education, practitioner, or manufacturer that is appropriately registered under the Controlled Substances Act ( 21 U.S.C. 801 et seq.); and the term ‘State’ means any State of the United States, the District of Columbia, and any territory of the United States.”