21 U.S.C. § 823
(a) Manufacturers of controlled substances in schedule I or II The Attorney General shall register an applicant to manufacture controlled substances in schedule I or II if he determines that such registration is consistent with the public interest and with United States obligations under international treaties, conventions, or protocols in effect on . In determining the public interest, the following factors shall be considered:
(b) Distributors of controlled substances in schedule I or II The Attorney General shall register an applicant to distribute a controlled substance in schedule I or II unless he determines that the issuance of such registration is inconsistent with the public interest. In determining the public interest, the following factors shall be considered:
(c) Manufacturers of marijuana for research purposes
(1)
(A) As it relates to applications to manufacture marijuana for research purposes, when the Attorney General places a notice in the Federal Register to increase the number of entities registered under this chapter to manufacture marijuana to supply appropriately registered researchers in the United States, the Attorney General shall, not later than 60 days after the date on which the Attorney General receives a completed application—
(B) For purposes of subparagraph (A), an application shall be deemed complete when the applicant has submitted documentation showing each of the following:
(iii) The applicant will limit the transfer and sale of any marijuana manufactured under this subsection—
(e) Manufacturers of controlled substances in schedule III, IV, or V The Attorney General shall register an applicant to manufacture controlled substances in schedule III, IV, or V, unless he determines that the issuance of such registration is inconsistent with the public interest. In determining the public interest, the following factors shall be considered:
(f) Distributors of controlled substances in schedule III, IV, or V The Attorney General shall register an applicant to distribute controlled substances in schedule III, IV, or V, unless he determines that the issuance of such registration is inconsistent with the public interest. In determining the public interest, the following factors shall be considered:
(g) Research by practitioners; pharmacies; research applications; construction of Article 7 of the Convention on Psychotropic Substances
(1) The Attorney General shall register practitioners (including pharmacies, as distinguished from pharmacists) to dispense, or conduct research with, controlled substances in schedule II, III, IV, or V and shall modify the registrations of pharmacies so registered to authorize them to dispense controlled substances by means of the Internet, if the applicant is authorized to dispense, or conduct research with respect to, controlled substances under the laws of the State in which he practices. The Attorney General may deny an application for such registration or such modification of registration if the Attorney General determines that the issuance of such registration or modification would be inconsistent with the public interest. In determining the public interest, the following factors shall be considered:
Separate registration under this part for practitioners engaging in research with controlled substances in schedule II, III, IV, or V, who are already registered under this part in another capacity, shall not be required.
(2)
(B)
(i) The Attorney General shall register a practitioner to conduct research with marijuana (including any derivative, extract, preparation, and compound thereof) if—
(I) the applicant’s research protocol has been reviewed and allowed—
(ii) The Attorney General may deny an application for registration under this subparagraph only if the Attorney General determines that the issuance of the registration would be inconsistent with the public interest. In determining the public interest, the Attorney General shall consider the factors listed in—
(iii)
(I) Not later than 60 days after the date on which the Attorney General receives a complete application for registration under this subparagraph, the Attorney General shall—
(vi)
(I) If the Attorney General grants an application for registration under clause (i), the registrant may amend or supplement the research protocol without notification to, or review by, the Drug Enforcement Administration if the registrant does not change—
(II)
(III)
(bb) A notification under item (aa) shall include—
(cc) The Attorney General shall ensure that—
(dd)
(ee) A notification submitted under item (aa) shall be deemed to be approved unless the Attorney General, not later than 10 days after receiving the notification, explicitly objects based on a finding that the change in quantity—
(IV) Nothing in this clause shall limit the authority of the Secretary of Health and Human Services over requirements related to research protocols, including changes in—
(h) Practitioners dispensing narcotic drugs for narcotic treatment; annual registration; separate registration; qualifications Practitioners who dispense narcotic drugs (other than narcotic drugs in schedule III, IV, or V) to individuals for maintenance treatment or detoxification treatment shall obtain annually a separate registration for that purpose. The Attorney General shall register an applicant to dispense narcotic drugs to individuals for maintenance treatment or detoxification treatment (or both)—
(i) Applicants for distribution of list I chemicals The Attorney General shall register an applicant to distribute a list I chemical unless the Attorney General determines that registration of the applicant is inconsistent with the public interest. Registration under this subsection shall not be required for the distribution of a drug product that is exempted under clause (iv) or (v) of section 802(39)(A) of this title. In determining the public interest for the purposes of this subsection, the Attorney General shall consider—
(j) Registration to manufacture certain controlled substances for use only in a clinical trial
(k) Emergency medical services that administer controlled substances
(1) Registration For the purpose of enabling emergency medical services professionals to administer controlled substances in schedule II, III, IV, or V to ultimate users receiving emergency medical services in accordance with the requirements of this subsection, the Attorney General—
(4) Administration outside physical presence of medical director or authorizing medical professional Emergency medical services professionals of a registered emergency medical services agency may administer controlled substances in schedule II, III, IV, or V outside the physical presence of a medical director or authorizing medical professional in the course of providing emergency medical services if the administration is—
(B) pursuant to—
(ii) a verbal order that is—
(II) provided by a medical director or authorizing medical professional in response to a request by the emergency medical services professional with respect to a specific patient—
(5) Delivery A registered emergency medical services agency may deliver controlled substances from a registered location of the agency to an unregistered location of the agency only if the agency—
(6) Storage A registered emergency medical services agency may store controlled substances—
(C) in an emergency medical services vehicle used by the agency that is—
(8) Restocking of emergency medical services vehicles at a hospital Notwithstanding paragraph (13)(J), a registered emergency medical services agency may receive controlled substances from a hospital for purposes of restocking an emergency medical services vehicle following an emergency response, and without being subject to the requirements of section 828 of this title, provided all of the following conditions are satisfied:
(9) Maintenance of records
(B) Requirements Such records—
(10) Other requirements A registered emergency medical services agency, under the supervision of a medical director, shall be responsible for ensuring that—
(11) Regulations The Attorney General may issue regulations—
(A) specifying, with regard to delivery of controlled substances under paragraph (5)—
(C) addressing the ability of hospitals, emergency medical services agencies, registered locations, and designated locations to deliver controlled substances to each other in the event of—
(12) Rule of construction Nothing in this subsection shall be construed—
(13) Definitions In this section:
(A) The term “authorizing medical professional” means an emergency or other physician, or another medical professional (including an advanced practice registered nurse or physician assistant)—
(D) The term “emergency medical services agency” means an organization providing emergency medical services, including such an organization that—
(J) The term “registered emergency medical services agency” means—
(m) Required training for prescribers
(1) Training required As a condition on registration under this section to dispense controlled substances in schedule II, III, IV, or V, the Attorney General shall require any qualified practitioner, beginning with the first applicable registration for the practitioner, to meet the following:
(A) If the practitioner is a physician (as defined under section 1395x(r) of title 42) and the practitioner meets one or more of the following conditions:
(iv) The physician has, with respect to the treatment and management of patients with opioid or other substance use disorders, or the safe pharmacological management of dental pain and screening, brief intervention, and referral for appropriate treatment of patients with or at risk of developing opioid or other substance use disorders, completed not less than 8 hours of training (through classroom situations, seminars at professional society meetings, electronic communications, or otherwise) that is provided by—
(v) The physician graduated in good standing from an accredited school of allopathic medicine, osteopathic medicine, podiatric medicine, dental surgery, or dental medicine in the United States during the 5-year period immediately preceding the date on which the physician first registers or renews under this section and has successfully completed a comprehensive allopathic or osteopathic medicine curriculum or accredited medical residency or dental surgery or dental or podiatric medicine curriculum that included not less than 8 hours of training on—
(B) If the practitioner is not a physician (as defined under section 1395x(r) of title 42), the practitioner is legally authorized by the State to dispense controlled substances under schedule II, III, IV, or V and is dispensing such substances within such State in accordance with all applicable State laws, and the practitioner meets one or more of the following conditions:
(2) One-time training
(3) Rule of construction Nothing in this subsection shall be construed—
(4) Definitions In this section:
(B) Qualified practitioner In this subsection, the term “qualified practitioner” means a practitioner who—
(n) Special provisions for practitioners conducting certain research with schedule I controlled substances
(2) Research subject to expedited procedures Research described in this paragraph is research that—
(B) is—
(3) Expedited procedures
(A) Researcher with a current schedule I or II research registration
(i) In general If a practitioner is registered to conduct research with a controlled substance in schedule I or II, the practitioner may conduct research under this subsection on and after the date that is 30 days after the date on which the practitioner sends a notice to the Attorney General containing the following information, with respect to each substance with which the practitioner will conduct the research:
(III) Demonstration that the research is in the category described in paragraph (2), which demonstration may be satisfied—
(B) Researcher without a current schedule I or II research registration
(ii) Attorney General action The Attorney General shall—
(II) not later than 45 days of receiving such a notice that contains all information required under subparagraph (A)(i)—
(5) Limitation on amounts A practitioner conducting research with a schedule I substance under this subsection may only possess the amounts of schedule I substance identified in—
(B) a supplemental notification that the practitioner may send if the practitioner needs additional amounts for the research, which supplemental notification shall include—
(o) Transparency regarding special procedures
(1) In general If the Attorney General determines, with respect to a controlled substance, that an application by a practitioner to conduct research with the substance should be considered under a process, or subject to criteria, different from the process or criteria applicable to applications to conduct research with other controlled substances in the same schedule, the Attorney General shall make public, including by posting on the website of the Drug Enforcement Administration—
(Pub. L. 91–513, title II, § 303, , 84 Stat. 1253; Pub. L. 93–281, § 3, , 88 Stat. 124; Pub. L. 95–633, title I, § 109, , 92 Stat. 3773; Pub. L. 98–473, title II, § 511, , 98 Stat. 2073; Pub. L. 103–200, § 3(c), , 107 Stat. 2336; Pub. L. 106–310, div. B, title XXXV, § 3502(a), , 114 Stat. 1222; Pub. L. 107–273, div. B, title II, § 2501, , 116 Stat. 1803; Pub. L. 109–56, § 1(a), (b), , 119 Stat. 591; Pub. L. 109–177, title VII, § 712(a)(3), , 120 Stat. 263; Pub. L. 109–469, title XI, § 1102, , 120 Stat. 3540; Pub. L. 110–425, § 3(b), , 122 Stat. 4824; Pub. L. 114–89, § 3, , 129 Stat. 701; Pub. L. 114–145, § 2(a)(1), , 130 Stat. 354; Pub. L. 114–198, title III, § 303(a)(1), (b), , 130 Stat. 720, 723; Pub. L. 115–83, § 2, , 131 Stat. 1267; Pub. L. 115–271, title III, §§ 3201(a)–(d), 3202(a), , 132 Stat. 3943, 3944; Pub. L. 117–215, title I, §§ 101, 102(a), 103(a), , 136 Stat. 2258, 2260, 2261; Pub. L. 117–328, div. FF, title I, §§ 1262(a), 1263(a), , 136 Stat. 5681, 5683; Pub. L. 119–26, §§ 3(a), (g), 4(2)(A), , 139 Stat. 411, 416; Pub. L. 119–44, title IV, § 402(a), , 139 Stat. 690.)
Schedules I, II, III, IV, and V, referred to in subsecs. (a) to (g)(2), (h), (k)(1), (4), (m)(1), (3)(B), and (n)(1), (3), (5), are set out in section 812(c) of this title.
This chapter, referred to in subsecs. (c)(1)(A), (B) and (k)(13)(A)(i), was in the original “this Act”, meaning Pub. L. 91–513, , 84 Stat. 1236. For complete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables.
Section 105 of the Medical Marijuana and Cannabidiol Research Expansion Act, referred to in subsecs. (c)(1)(B)(vi) and (g)(2)(B)(i)(II), is section 105 of Pub. L. 117–215, which is set out as a note below.
This subchapter, referred to in subsecs. (g)(3) and (k)(12)(A), was in the original “this title”, meaning title II of Pub. L. 91–513, , 84 Stat. 1242, 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.
2025—Subsec. (h). Pub. L. 119–26, § 4(2)(A), amended Pub. L. 117–328, § 1262(a). See 2022 Amendment note below.
Subsecs. (l), (m). Pub. L. 119–26, § 3(a)(1), and Pub. L. 119–44, § 402(a)(1), made identical amendments, redesignating subsec. (l) relating to required training for prescribers as (m).
Subsec. (m)(1)(A)(iv)(I). Pub. L. 119–44, § 402(a)(2)(A)(i)(I), inserted “the American Academy of Family Physicians, the American Podiatric Medical Association, the Academy of General Dentistry, the American Optometric Association,” before “or any other organization”, substituted “, the Commission” for “or the Commission”, and inserted “, or the Council on Podiatric Medical Education” before semicolon at end.
Subsec. (m)(1)(A)(iv)(III). Pub. L. 119–44, § 402(a)(2)(A)(i)(II), inserted “or the American Academy of Family Physicians” after “Association”.
Subsec. (m)(1)(A)(v). Pub. L. 119–44, § 402(a)(2)(A)(ii), substituted “osteopathic medicine, podiatric medicine, dental surgery” for “osteopathic medicine, dental surgery” and “or dental or podiatric medicine curriculum” for “or dental medicine curriculum” in introductory provisions.
Subsec. (m)(1)(B)(i). Pub. L. 119–44, § 402(a)(2)(B)(i), inserted “the American Pharmacists Association, the Accreditation Council on Pharmacy Education, the American Psychiatric Nurses Association, the American Academy of Nursing, the American Academy of Family Physicians,” before “or any other organization” and “, the American Academy of Family Physicians,” before “or the Accreditation Council”.
Subsec. (m)(1)(B)(ii). Pub. L. 119–44, § 402(a)(2)(B)(ii), substituted “, an accredited school” for “or accredited school” and inserted “, or an accredited school of pharmacy” before “in the United States”.
Subsec. (n). Pub. L. 119–26, § 3(a)(2), added subsec. (n).
Subsec. (o). Pub. L. 119–26, § 3(g), added subsec. (o).
2022—Subsecs. (c) to (e). Pub. L. 117–215, § 103(a)(1), (2), added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively. Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 117–215, § 103(a)(1), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g).
Pub. L. 117–215, § 101, designated introductory provisions through first sentence of concluding provisions as par. (1), redesignated former pars. (1) to (5) as subpars. (A) to (E), respectively, of par. (1), designated second to fourth sentences of concluding provisions as subpar. (A) of par. (2), added subpar. (B) of par. (2), and designated last sentence of concluding provisions as par. (3).
Subsec. (f)(2)(B)(vi). Pub. L. 117–215, § 102(a), added cl. (vi).
Subsec. (g). Pub. L. 117–215, § 103(a)(1), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).
Subsec. (h). Pub. L. 117–328, § 1262(a), as amended by Pub. L. 119–26, § 4(2)(A), substituted “Practitioners who dispense narcotic drugs (other than narcotic drugs in schedule III, IV, or V) to individuals for maintenance treatment or detoxification treatment” for “(1) Except as provided in paragraph (2), practitioners who dispense narcotic drugs to individuals for maintenance treatment or detoxification treatment”, redesignated subpars. (A) to (C) of former par. (1) as pars. (1) to (3), respectively, redesignated cls. (i) and (ii) of par. (2) as subpars. (A) and (B), respectively, and struck out former par. (2) which related to waiver of registration requirements.
Pub. L. 117–215, § 103(a)(1), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i).
Subsec. (h)(2). Pub. L. 117–215, § 103(a)(3), substituted “subsection (g)” for “subsection (f)” wherever appearing.
Subsec. (i). Pub. L. 117–215, § 103(a)(1), redesignated subsec. (h) as (i). Former subsec. (i) redesignated (j).
Subsec. (j). Pub. L. 117–215, § 103(a)(1), redesignated subsec. (i) as (j). Former subsec. (j) redesignated (k).
Subsec. (j)(1). Pub. L. 117–215, § 103(a)(4), substituted “subsection (e)” for “subsection (d)”.
Subsec. (k). Pub. L. 117–215, § 103(a)(1), (5), redesignated subsec. (j) as (k) and substituted “subsection (g)” for “subsection (f)” wherever appearing. Former subsec. (k) redesignated (l).
Subsec. (l). Pub. L. 117–328, § 1263(a), added subsec. (l) relating to required training for prescribers.
Pub. L. 117–215, § 103(a)(1), redesignated subsec. (k) as (l).
2018—Subsec. (g)(2)(B)(iii)(II). Pub. L. 115–271, § 3201(a), amended subcl. (II) generally. Prior to amendment, subcl. (II) read as follows: “The applicable number is 100 if, not sooner than 1 year after the date on which the practitioner submitted the initial notification, the practitioner submits a second notification to the Secretary of the need and intent of the practitioner to treat up to 100 patients.”
Subsec. (g)(2)(G)(ii)(VIII). Pub. L. 115–271, § 3202(a), added subcl. (VIII).
Subsec. (g)(2)(G)(iii)(II). Pub. L. 115–271, § 3201(b), amended subcl. (II) generally. Prior to amendment, subcl. (II) read as follows: “during the period beginning on , and ending on , a qualifying other practitioner, as defined in clause (iv).”
Subsec. (g)(2)(G)(iii)(III). Pub. L. 115–271, § 3201(b)(1), (c), added subcl. (III).
Subsec. (g)(2)(G)(iv). Pub. L. 115–271, § 3201(d), substituted “nurse practitioner, clinical nurse specialist, certified registered nurse anesthetist, certified nurse midwife, or physician assistant” for “nurse practitioner or physician assistant” wherever appearing.
2017—Subsecs. (j), (k). Pub. L. 115–83 added subsec. (j) and redesignated former subsec. (j) as (k).
2016—Subsec. (g)(2)(B). Pub. L. 114–198, § 303(a)(1)(A), added cls. (i) to (iii) and struck out former cls. (i) to (iii) which read as follows:
“(i) The practitioner is a qualifying physician (as defined in subparagraph (G)).
“(ii) With respect to patients to whom the practitioner will provide such drugs or combinations of drugs, the practitioner has the capacity to refer the patients for appropriate counseling and other appropriate ancillary services.
“(iii) The total number of such patients of the practitioner at any one time will not exceed the applicable number. For purposes of this clause, the applicable number is 30, unless, not sooner than 1 year after the date on which the practitioner submitted the initial notification, the practitioner submits a second notification to the Secretary of the need and intent of the practitioner to treat up to 100 patients. A second notification under this clause shall contain the certifications required by clauses (i) and (ii) of this subparagraph. The Secretary may by regulation change such total number.”
Subsec. (g)(2)(D)(ii). Pub. L. 114–198, § 303(a)(1)(B)(i), substituted “Upon receiving a determination from the Secretary under clause (iii) finding that a practitioner meets all requirements for a waiver under subparagraph (B)” for “Upon receiving a notification under subparagraph (B)”.
Subsec. (g)(2)(D)(iii). Pub. L. 114–198, § 303(a)(1)(B)(ii), inserted “and shall forward such determination to the Attorney General” after “a waiver under subparagraph (B)” and substituted “assign the practitioner” for “assign the physician”.
Subsec. (g)(2)(G)(ii)(I). Pub. L. 114–198, § 303(a)(1)(C)(i), amended subcl. (I) generally. Prior to amendment, subcl. (I) read as follows: “The physician holds a subspecialty board certification in addiction psychiatry from the American Board of Medical Specialties.”
Subsec. (g)(2)(G)(ii)(II). Pub. L. 114–198, § 303(a)(1)(C)(ii), amended subcl. (II) generally. Prior to amendment, subcl. (II) read as follows: “The physician holds an addiction certification from the American Society of Addiction Medicine.”
Subsec. (g)(2)(G)(ii)(III). Pub. L. 114–198, § 303(a)(1)(C)(iii), struck out “subspecialty” before “board certification”.
Subsec. (g)(2)(G)(ii)(IV). Pub. L. 114–198, § 303(a)(1)(C)(iv), amended subcl. (IV) generally. Prior to amendment, subcl. (IV) read as follows: “The physician has, with respect to the treatment and management of opiate-dependent patients, completed not less than eight hours of training (through classroom situations, seminars at professional society meetings, electronic communications, or otherwise) that is provided by the American Society of Addiction Medicine, the American Academy of Addiction Psychiatry, the American Medical Association, the American Osteopathic Association, the American Psychiatric Association, or any other organization that the Secretary determines is appropriate for purposes of this subclause.”
Subsec. (g)(2)(G)(iii), (iv). Pub. L. 114–198, § 303(a)(1)(C)(v), added cls. (iii) and (iv).
Subsec. (g)(2)(H)(i)(III). Pub. L. 114–198, § 303(a)(1)(D)(i), added subcl. (III).
Subsec. (g)(2)(H)(ii). Pub. L. 114–198, § 303(a)(1)(D)(ii), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “Not later than 120 days after , the Secretary shall issue a treatment improvement protocol containing best practice guidelines for the treatment and maintenance of opiate-dependent patients. The Secretary shall develop the protocol in consultation with the Director of the National Institute on Drug Abuse, the Administrator of the Drug Enforcement Administration, the Commissioner of Food and Drugs, the Administrator of the Substance Abuse and Mental Health Services Administration and other substance abuse disorder professionals. The protocol shall be guided by science.”
Subsec. (g)(2)(I), (J). Pub. L. 114–198, § 303(b), added subpar. (I) and struck out former subpars. (I) and (J) which limited a State’s ability to preclude a practitioner from dispensing or prescribing certain approved drugs and provided the effective date of the paragraph and authorized the Secretary and the Attorney General to make certain determinations.
Subsec. (j). Pub. L. 114–145 added subsec. (j).
2015—Subsec. (i). Pub. L. 114–89 added subsec. (i).
2008—Subsec. (f). Pub. L. 110–425, in introductory provisions, inserted “and shall modify the registrations of pharmacies so registered to authorize them to dispense controlled substances by means of the Internet” after “schedule II, III, IV, or V” and substituted “or such modification of registration if the Attorney General determines that the issuance of such registration or modification” for “if he determines that the issuance of such registration”.
2006—Subsec. (g)(2)(B)(iii). Pub. L. 109–469, § 1102(1), substituted “unless, not sooner than 1 year after the date on which the practitioner submitted the initial notification, the practitioner submits a second notification to the Secretary of the need and intent of the practitioner to treat up to 100 patients. A second notification under this clause shall contain the certifications required by clauses (i) and (ii) of this subparagraph. The” for “except that the”.
Subsec. (g)(2)(J)(i). Pub. L. 109–469, § 1102(2)(A), substituted “thereafter.” for “thereafter except as provided in clause (iii) (relating to a decision by the Secretary or the Attorney General that this paragraph should not remain in effect).”
Subsec. (g)(2)(J)(ii). Pub. L. 109–469, § 1102(2)(B), substituted “” for “” in introductory provisions.
Subsec. (g)(2)(J)(iii). Pub. L. 109–469, § 1102(2)(C), substituted “subparagraph (B)(iii) should be applied by limiting the total number of patients a practitioner may treat to 30, then the provisions in such subparagraph (B)(iii) permitting more than 30 patients shall not apply, effective” for “this paragraph should not remain in effect, this paragraph ceases to be in effect”.
Subsec. (h). Pub. L. 109–177 substituted “clause (iv) or (v) of section 802(39)(A) of this title” for “section 802(39)(A)(iv) of this title” in introductory provisions.
2005—Subsec. (g)(2)(B)(iii). Pub. L. 109–56, § 1(b), substituted “The total” for “In any case in which the practitioner is not in a group practice, the total”.
Subsec. (g)(2)(B)(iv). Pub. L. 109–56, § 1(a), struck out cl. (iv) which read as follows: “In any case in which the practitioner is in a group practice, the total number of such patients of the group practice at any one time will not exceed the applicable number. For purposes of this clause, the applicable number is 30, except that the Secretary may by regulation change such total number, and the Secretary for such purposes may by regulation establish different categories on the basis of the number of practitioners in a group practice and establish for the various categories different numerical limitations on the number of such patients that the group practice may have.”
2002—Subsec. (g)(2)(I). Pub. L. 107–273, § 2501(1), which directed the substitution of “on the date of approval by the Food and Drug Administration of a drug in schedule III, IV, or V, a State may not preclude a practitioner from dispensing or prescribing such drug, or combination of such drugs,” for “on , a State may not preclude a practitioner from dispensing or prescribing drugs in schedule III, IV, or V, or combinations of such drugs,”, was executed by making the substitution for the phrase which in the original began with “on the date of the enactment of the Drug Addiction Treatment Act of 2000,” rather than the editorial translation “on ,” to reflect the probable intent of Congress.
Subsec. (g)(2)(J)(i). Pub. L. 107–273, § 2501(2), which directed the substitution of “the date referred to in subparagraph (I),” for “,” was executed by making the substitution for text which in the original read “the date of the enactment of the Drug Addiction Treatment Act of 2000,” rather than the editorial translation “,” to reflect the probable intent of Congress.
2000—Subsec. (g). Pub. L. 106–310 designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), practitioners who dispense” for “Practitioners who dispense”, redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, of par. (1) and redesignated former subpars. (A) and (B) of former par. (2) as cls. (i) and (ii), respectively, of subpar. (B) of par. (1), and added par. (2).
1993—Subsec. (h). Pub. L. 103–200 added subsec. (h).
1984—Subsec. (f). Pub. L. 98–473 amended subsec. (f) generally, substituting provisions relating to registration authority of Attorney General respecting dispensation or conduct of research with controlled research, and separate authority of Secretary respecting registration, for provisions relating to general registration requirements respecting dispensation or conduct of research with controlled or nonnarcotic controlled substances.
1978—Subsec. (f). Pub. L. 95–633 inserted provision relating to the construction of the Convention on Psychotropic Substances.
1974—Subsec. (g). Pub. L. 93–281 added subsec. (g).
Pub. L. 119–44, title IV, § 402(b), , 139 Stat. 691, provided that:
“The amendment made by subsection (a) [amending this section] shall take effect as if enacted on
December 29, 2022.”
Pub. L. 119–26, § 4, , 139 Stat. 416, provided that the amendment made by section 4(2)(A) is effective as if included in the enactment of Pub. L. 117–328.
Amendment by Pub. L. 110–425 effective 180 days after , except as otherwise provided, see section 3(j) of Pub. L. 110–425, set out as a note under section 802 of this title.
Pub. L. 109–56, § 1(c), , 119 Stat. 591, provided that:
“This section [amending this section] shall take effect on the date of enactment of this Act [
Aug. 2, 2005].”
Amendment by Pub. L. 103–200 effective on date that is 120 days after , see section 11 of Pub. L. 103–200, set out as a note under section 802 of this title.
Amendment by Pub. L. 95–633 effective on date the Convention on Psychotropic Substances enters into force in the United States [], see section 112 of Pub. L. 95–633, set out as an Effective Date note under section 801a of this title.
Section effective on first day of seventh calendar month that begins after , see section 704 of Pub. L. 91–513, set out as a note under section 801 of this title.
Pub. L. 117–215, title I, § 102(b), , 136 Stat. 2261, provided that:
“Not later than 1 year after the date of enactment of this Act [
Dec. 2, 2022], the Attorney General shall promulgate regulations to carry out the amendment made by this section [amending this section].”
Pub. L. 117–328, div. FF, title I, § 1252(b), , 136 Stat. 5681, provided that:
“Not later than 18 months after the date of enactment of this Act [
Dec. 29, 2022], the Secretary of Health and Human Services shall revise section 8.12(e)(1) of title 42, Code of Federal Regulations (or successor regulations), to eliminate the requirement that an opioid treatment program only admit an individual for treatment under the program if the individual has been addicted to opioids for at least 1 year before being so admitted for treatment.”
Pub. L. 114–198, title III, § 303(c), , 130 Stat. 723, provided that:
“Not later than 18 months after the date of enactment of this Act [
July 22, 2016], the Attorney General and the Secretary of Health and Human Services, as appropriate, shall update regulations regarding practitioners described in subsection (a)(3)(B)(vii) (as amended by this section) [probably means subsec. (a)(3)(B)(vii) “of this section”, set out as a note below] to include nurse practitioners and physician assistants to ensure the quality of patient care and prevent diversion.”
Pub. L. 117–215, title I, § 104, , 136 Stat. 2263, provided that:
- “(a) In General.— On an annual basis, the Attorney General, in consultation with the Secretary of Health and Human Services, shall assess whether there is an adequate and uninterrupted supply of marijuana, including of specific strains, for research purposes.
“(b) Report to Congress.— If the Attorney General, in consultation with the Secretary of Health and Human Services, determines there is an inadequate or interrupted supply of marijuana, including of specific strains for research purposes, the Attorney General shall report to Congress within 60 days of the determination on at least—
- “(1) the factors contributing to the inadequate or interrupted supply of marijuana;
- “(2) expected impacts of the inadequate or interrupted supply on ongoing research protocols; and
- “(3) specific steps the Attorney General will take to restore an adequate and uninterrupted supply of marijuana, including of specific strains, for research purposes.”
[For definition of “marijuana” as used in section 104 of Pub. L. 117–215, set out above, see section 2(a) of Pub. L. 117–215, set out as a note under section 801 of this title.]
Pub. L. 117–215, title I, § 105, , 136 Stat. 2264, provided that:
- “(a) In General.— An individual or entity engaged in researching marijuana or its components shall store it in a securely locked, substantially constructed cabinet.
- “(b) Requirements for Other Measures.— Any other security measures required by the Attorney General to safeguard against diversion shall be consistent with those required for practitioners conducting research on other controlled substances in schedules I and II in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) that have a similar risk of diversion and abuse.”
[For definitions of “marijuana”, “controlled substances”, and “practitioners” as used in section 105 of Pub. L. 117–215, set out above, see section 2(a) of Pub. L. 117–215, set out as a note under section 801 of this title.]
Pub. L. 117–215, title II, , 136 Stat. 2264, provided that:
“SEC. 201. MEDICAL RESEARCH ON CANNABIDIOL.
“Notwithstanding any provision of the Controlled Substances Act (21 U.S.C. 801 et seq.), the Safe and Drug-Free Schools and Communities Act (20 U.S.C. 7101 et seq.), chapter 81 of title 41, United States Code, or any other Federal law, an appropriately registered covered institution of higher education, practitioner, or manufacturer may manufacture, distribute, dispense, or possess marijuana or cannabidiol if the marijuana or cannabidiol is manufactured, distributed, dispensed, or possessed, respectively, for purposes of medical research for drug development or subsequent commercial production in accordance with section 202.
“SEC. 202. REGISTRATION FOR THE COMMERCIAL PRODUCTION AND DISTRIBUTION OF FOOD AND DRUG ADMINISTRATION-APPROVED DRUGS.
“The Attorney General shall register an applicant to manufacture or distribute cannabidiol or marijuana for the purpose of commercial production of a drug containing or derived from marijuana that is approved by the Secretary of Health and Human Services under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), in accordance with the applicable requirements under subsection (a) or (b) of section 303 of the Controlled Substances Act (21 U.S.C. 823).”
[For definitions of terms used in title II of Pub. L. 117–215, set out above, see section 2(a) of Pub. L. 117–215, set out as a note under section 801 of this title.]
Pub. L. 115–271, title III, § 3202(b), , 132 Stat. 3945, provided that:
“The Secretary of Health and Human Services shall consider ways to ensure that an adequate number of qualified practitioners, as defined in [former] subparagraph (G)(ii) of section 303(g)(2) of the Controlled Substances Act (
21 U.S.C. 823(g)(2)) [former
21 U.S.C. 823(h)(2)], who have a specialty in pediatrics or the treatment of children or adolescents, are granted a waiver under such section 303(g)(2) to treat children and adolescents with substance use disorders.”
Pub. L. 115–271, title III, § 3203, , 132 Stat. 3945, as amended by Pub. L. 119–44, title II, § 207, , 139 Stat. 68, provided that:
“The Secretary of Health and Human Services shall establish a grant program under which the Secretary may make grants to accredited schools of allopathic medicine or osteopathic medicine and teaching hospitals located in the United States to support the development of curricula that meet the requirements under [former] subclause (VIII) of section 303(g)(2)(G)(ii) of the Controlled Substances Act [former 21 U.S.C. 823(h)(2)(G)(ii)], as added by section 3202(a) of this Act.”
Pub. L. 114–198, title III, § 303(a)(3), , 130 Stat. 722, provided that:
“(A) In general.— Not later than 3 years after the date of enactment of this Act [] and not later than 3 years thereafter, the Secretary of Health and Human Services, in consultation with the Drug Enforcement Administration and experts in opioid use disorder research and treatment, shall—
- “(i) perform a thorough review of the provision of opioid use disorder treatment services in the United States, including services provided in opioid treatment programs and other specialty and nonspecialty settings; and
- “(ii) submit a report to the Congress on the findings and conclusions of such review.
“(B) Contents.— Each report under subparagraph (A) shall include an assessment of—
- “(i) compliance with the requirements of [former] section 303(g)(2) of the Controlled Substances Act (21 U.S.C. 823(g)(2)) [former 21 U.S.C. 823(h)(2)], as amended by this section;
- “(ii) the measures taken by the Secretary of Health and Human Services to ensure such compliance;
- “(iii) whether there is further need to increase or decrease the number of patients a practitioner, pursuant to a waiver under [former] section 303(g)(2) of the Controlled Substances Act (21 U.S.C. 823(g)(2)) [former 21 U.S.C. 823(h)(2)], is permitted to treat;
- “(iv) the extent to which, and proportions with which, the full range of Food and Drug Administration-approved treatments for opioid use disorder are used in routine health care settings and specialty substance use disorder treatment settings;
- “(v) access to, and use of, counseling and recovery support services, including the percentage of patients receiving such services;
- “(vi) changes in State or local policies and legislation relating to opioid use disorder treatment;
- “(vii) the use of prescription drug monitoring programs by practitioners who are permitted to dispense narcotic drugs to individuals pursuant to a waiver described in clause (iii);
- “(viii) the findings resulting from inspections by the Drug Enforcement Administration of practitioners described in clause (vii); and
- “(ix) the effectiveness of cross-agency collaboration between [the] Department of Health and Human Services and the Drug Enforcement Administration for expanding effective opioid use disorder treatment.”
For provisional registration of persons engaged in manufacturing, distributing, or dispensing of controlled substances on the day before the effective date of section 822 of this title who are registered on such date under section 360 of this title or section 4722 of Title 26, Internal Revenue Code, see section 703 of Pub. L. 91–513, set out as a note under section 822 of this title.
1 So in original. Probably should be preceded by “section”.