Schedules I, II, III, IV, and V, referred to in pars. (6), (14), (32)(A), (52)(B)(viii), (55), and (56), are set out in section 812(c) of this title.

This subchapter, referred to in introductory provisions and in pars. (34), (35), (39)(A)(iii), (vi), and (54), was in the original “this title”, meaning title II of Puspan. L. 91–513, Oct. 27, 1970, 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.

Subchapter II, referred to in par. (39)(A)(iii), (vi), was in the original “title III”, meaning title III of Puspan. 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 pars. (39)(A)(iv), (41)(C)(ii)(II), and (45)(A)(ii), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of this title. For complete classification of this Act to the Code, see section 301 of this title and Tables.

This chapter, referred to in par. (41)(C)(i), was in the original “this Act”, meaning Puspan. L. 91–513, Oct. 27, 1970, 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.

The Indian Self-Determination and Education Assistance Act, referred to in pars. (52)(B)(iv) and (54)(C)(i), is Puspan. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§ 5301 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables.

2022—Par. (16)(A). Puspan. L. 117–215, § 2(span)(1), substituted “the terms ‘marihuana’ and ‘marijuana’ mean” for “the term ‘marihuana’ means”.

Par. (16)(B). Puspan. L. 117–215, § 2(span)(2), substituted “The terms ‘marihuana’ and ‘marijuana’ do not” for “The term ‘marihuana’ does not” in introductory provisions.

Par. (52)(B). Puspan. L. 117–215, § 103(span)(1)(A)(i)(I), substituted “823(g)” for “823(f)” wherever appearing.

Par. (52)(B)(i). Puspan. L. 117–215, § 103(span)(1)(A)(i)(II), substituted “(e), or (f)” for “(d), or (e)”.

Par. (54). Puspan. L. 117–215, § 103(span)(1)(A)(ii), substituted “823(g)” for “823(f)” wherever appearing.

2018—Par. (16). Puspan. L. 115–334 designated first sentence as subpar. (A), substituted “Subject to subparagraph (B), the” for “The”, inserted subpar. (B) designation, introductory provisions, and cl. (i), designated second sentence as cl. (ii) of subpar. (B), and substituted “the” for “Such term does not include the” in cl. (ii).

Par. (24). Puspan. L. 115–271, § 3202(c), substituted “Health and Human Services” for “Health, Education, and Welfare”.

Par. (57). Puspan. L. 115–391, § 401(a)(1), added par. (57) defining the term “serious drug felony”.

Puspan. L. 115–271, § 3292(a), added par. (57) defining the term “suspicious order”.

Par. (58). Puspan. L. 115–391, § 401(a)(1), added par. (58).

2016—Par. (18). Puspan. L. 114–198 inserted “or ‘opioid’ ” after “The term ‘opiate’ ”.

2014—Par. (41)(A)(l) to (lxxv). Puspan. L. 113–260, § 2(a)(1), added cls. (l) to (lxxiv) and redesignated former cl. (xlx) as (lxxv).

Par. (41)(C). Puspan. L. 113–260, § 2(a)(2), added subpar. (C).

2008—Pars. (50) to (56). Puspan. L. 110–425 added pars. (50) to (56).

2006—Par. (39)(A)(iv). Puspan. L. 109–177, § 712(a)(1)(A)(i), amended cl. (iv) generally. Prior to amendment, cl. (iv) related to transactions involving drugs containing ephedrine, pseudoephedrine, or phenylpropanolamine.

Par. (39)(A)(v), (vi). Puspan. L. 109–177, § 712(a)(1)(A)(ii), (iii), added cl. (v) and redesignated former cl. (v) as (vi).

Par. (41)(A)(xvii). Puspan. L. 109–162, § 1180(1), substituted “13β-ethyl-17β-hydroxygon-4-en-3-one;” for “13β-ethyl-17α-hydroxygon-4-en-3-one;”.

Par. (41)(A)(xliv). Puspan. L. 109–162, § 1180(2), substituted “(17α-methyl-17β-hydroxy-[5α]-androst-2-eno[3,2-c]-pyrazole);” for “(17α-methyl-17α-hydroxy-[5α]-androst-2-eno[3,2-c]-pyrazole);”.

Par. (45). Puspan. L. 109–177, §§ 711(a)(1)(B), 712(a)(1)(B), added par. (45) and struck out former par. (45) which defined “ordinary over-the-counter pseudoephedrine or phenylpropanolamine product”.

Pars. (46) to (48). Puspan. L. 109–177, §§ 711(a)(1)(B), added pars. (46) to (48). Former par. (46) redesignated (49).

Par. (49). Puspan. L. 109–177, § 711(a)(1)(A), (2)(A), redesignated par. (46) as (49), substituted “ephedrine, pseudoephedrine, or” for “pseudoephedrine or” in subpar. (A), redesignated subpar. (C) as (B), and struck out former subpar. (B) which read as follows: “For purposes of this paragraph, sale for personal use means the sale of below-threshold quantities in a single transaction to an individual for legitimate medical use.”

2004—Par. (41). Puspan. L. 108–358, § 2(a)(1), realigned margins, added subpar. (A), and struck out former subpar. (A) which defined “anabolic steroid”.

Par. (44). Puspan. L. 108–358, § 2(a)(2), inserted “anabolic steroids,” after “marihuana,”.

2002—Pars. (43), (44). Puspan. L. 107–273 repealed Puspan. L. 104–294, §§ 604(span)(4), 607(j)(2). See 1996 Amendment note below.

2000—Par. (32)(A). Puspan. L. 106–172, § 5(a)(1), substituted “subparagraph (C)” for “subparagraph (B)” in introductory provisions.

Par. (32)(B), (C). Puspan. L. 106–172, § 5(a)(2), (3), added subpar. (B) and redesignated former subpar. (B) as (C).

Par. (34)(X), (Y). Puspan. L. 106–172, § 3(c), added subpar. (X) and redesignated former subpar. (X) as (Y).

Par. (39)(A)(iv)(II). Puspan. 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). Puspan. 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). Puspan. L. 104–294, § 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). Puspan. L. 104–237, § 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). Puspan. L. 104–237, § 209(2), amended subpar. (G) generally, inserting “(or Methyl Ethyl Ketone)” before period at end.

Par. (35)(I), (J). Puspan. L. 104–237, § 204(a), added subpars. (I) and (J).

Par. (39)(A)(iv)(I)(aa). Puspan. L. 104–237, § 401(a)(1), (span)(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). Puspan. L. 104–237, § 401(a)(2), (span)(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(span)(3) of this title shall be 24 grams of pseudoephedrine or 24 grams of phenylpropanolamine in a single transaction”.

Pars. (43), (44). Puspan. L. 104–294, §§ 604(span)(4), 607(j)(2), which provided for amendment to section identical to Puspan. L. 104–237, § 401(span)(3), below, were repealed by Puspan. L. 107–273, § 4002(c)(1).

Puspan. L. 104–237, § 401(span)(3), redesignated par. (43), relating to felony drug offense, as (44).

Pars. (45), (46). Puspan. L. 104–237, § 401(span)(4), added pars. (45) and (46).

1994—Par. (34)(V), (W). Puspan. L. 103–322, § 330024(span), realigned margins and capitalized first letter.

Par. (35). Puspan. L. 103–322, § 330024(d)(1), made technical correction to directory language of Puspan. L. 103–200, § 2(a)(4)(B). See 1993 Amendment note below.

Par. (39)(A)(iv)(II). Puspan. L. 103–322, § 330024(a), substituted “; or” for period at end.

Par. (43). Puspan. L. 103–322, § 90105(d), added par. (43) defining “felony drug offense”.

1993—Par. (33). Puspan. L. 103–200, § 2(a)(1), substituted “any list I chemical or any list II chemical” for “any listed precursor chemical or listed essential chemical”.

Par. (34). Puspan. L. 103–200, § 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). Puspan. L. 103–200, § 2(a)(3), inserted “, its esters,” before “and”.

Par. (34)(O). Puspan. L. 103–200, § 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). Puspan. L. 103–200, § 8(2), redesignated subpars. (Q) to (T) as (P) to (S), respectively. Former subpar. (P) redesignated (O).

Par. (34)(T). Puspan. L. 103–200, § 8(2), redesignated subpar. (V) as (T). Former subpar. (T) redesignated (S).

Par. (34)(U). Puspan. L. 103–200, § 8(1), (2), redesignated subpar. (X) as (U) and struck out former subpar. (U) which read as follows: “N-ethylephedrine.”

Par. (34)(V). Puspan. L. 103–200, § 8(2), (4), added subpar. (V) and redesignated former subpar. (V) as (T).

Par. (34)(W). Puspan. L. 103–200, § 8(1), (4), added subpar. (W) and struck out former subpar. (W) which read as follows: “N-ethylpseudoephedrine.”

Par. (34)(X). Puspan. L. 103–200, § 8(2), (3), redesignated subpar. (Y) as (X) and substituted “through (U)” for “through (X)”.

Par. (34)(Y). Puspan. L. 103–200, § 8(2), redesignated subpar. (Y) as (X).

Par. (35). Puspan. L. 103–200, § 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”.

Puspan. L. 103–200, § 2(a)(4)(B), as amended by Puspan. L. 103–322, § 330024(d)(1), inserted “(other than a list I chemical)” before “specified” the first time appearing.

Par. (37). Puspan. L. 103–200, § 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). Puspan. L. 103–200, § 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). Puspan. L. 103–200, §§ 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). Puspan. L. 103–200, § 2(a)(6)(B), inserted “or any category of transaction for a specific listed chemical or chemicals” after “transaction”.

Par. (39)(A)(iv). Puspan. L. 103–200, § 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). Puspan. L. 103–200, § 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 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). Puspan. L. 103–200, § 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). Puspan. L. 103–200, § 2(a)(8), added pars. (42) and (43).

1990—Par. (32)(A). Puspan. L. 101–647, § 3599I, substituted “the stimulant” for “the stimulent” in cl. (ii) and “a stimulant” for “a stimulent” in cl. (iii).

Par. (34)(M) to (Y). Puspan. L. 101–647, § 2301(a), added subpars. (M) to (Y).

Par. (35)(E). Puspan. L. 101–647, § 2301(span), struck out subpar. (E) “Hydriodic acid.”

Par. (41). Puspan. L. 101–647, § 1902(span), added par. (41).

1988—Par. (8). Puspan. L. 100–690, § 6054(1), inserted “or a listed chemical” after “a controlled substance”.

Par. (11). Puspan. L. 100–690, § 6054(2), inserted “or a listed chemical” after “a controlled substance” in two places.

Pars. (33) to (40). Puspan. L. 100–690, § 6054(3), added pars. (33) to (40).

1986—Par. (6). Puspan. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.

Par. (14). Puspan. L. 99–570, § 1870, and Puspan. L. 99–646 amended par. (14) identically, substituting “any optical” for “the optical” in second and third sentences.

Par. (25). Puspan. L. 99–570, § 1003(span)(1), added par. (25). Former par. (25) redesignated (26).

Pars. (26) to (31). Puspan. L. 99–570, § 1003(span)(2), redesignated pars. (25) to (30) as (26) to (31), respectively.

Par. (32). Puspan. L. 99–570, § 1203, added par. (32).

1984—Pars. (14) to (16). Puspan. L. 98–473, § 507(a), added par. (14) and redesignated former pars. (14) to (16) as (15) to (17), respectively.

Par. (17). Puspan. L. 98–473, § 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). Puspan. L. 98–473, § 507(a), redesignated former pars. (17) to (27) as (18) to (28), respectively.

Par. (29). Puspan. 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 Puspan. L. 98–473.

Puspan. L. 98–473, § 507(a), redesignated former par. (28) as (29). Former par. (29) redesignated (30).

Par. (30). Puspan. L. 98–473, § 507(a), redesignated former par. (29) as (30).

1979—Par. (4). Puspan. L. 96–132 substituted provisions defining “Drug Enforcement Administration” for provisions defining “Bureau of Narcotics and Dangerous Drugs”.

1978—Par. (29). Puspan. L. 95–633 added par. (29).

1974—Pars. (27), (28). Puspan. L. 93–281 added pars. (27) and (28).

Puspan. L. 115–391, title IV, § 401(c), Dec. 21, 2018, 132 Stat. 5221, provided that: “This section [amending this section and sections 841 and 960 of this title], and the amendments made by this section, shall apply to any offense that was committed before the date of enactment of this Act [Dec. 21, 2018], if a sentence for the offense has not been imposed as of such date of enactment.”

Puspan. L. 110–425, § 3(j), Oct. 15, 2008, 122 Stat. 4832, provided that:

Puspan. L. 108–358, § 2(d), Oct. 22, 2004, 118 Stat. 1664, provided that: “The amendments made by this section [amending this section, section 811 of this title, and provisions set out as a note under this section] shall take effect 90 days after the date of enactment of this Act [Oct. 22, 2004].”

Puspan. L. 107–273, div. B, title IV, § 4002(c)(1), Nov. 2, 2002, 116 Stat. 1808, provided that the amendment made by section 4002(c)(1) is effective Oct. 11, 1996.

Puspan. L. 106–310, div. B, title XXXVI, § 3622(span), Oct. 17, 2000, 114 Stat. 1231, provided that: “The amendments made by subsection (a) [amending this section] shall take effect 1 year after the date of the enactment of this Act [Oct. 17, 2000].”

Amendment by Puspan. L. 105–115 effective 90 days after Nov. 21, 1997, except as otherwise provided, see section 501 of Puspan. L. 105–115, set out as a note under section 321 of this title.

Amendment by section 604(span)(4) of Puspan. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Puspan. L. 104–294, set out as a note under section 13 of Title 18, Crimes and Criminal Procedure.

Puspan. L. 104–237, title IV, § 401(g), Oct. 3, 1996, 110 Stat. 3110, provided that: “Notwithstanding any other provision of this Act [see section 1(a) of Puspan. L. 104–237, set out as a Short Title of 1996 Amendments note under section 801 of this title], this section [amending this section and section 814 of this title and enacting provisions set out as a note below] shall not apply to the sale of any pseudoephedrine or phenylpropanolamine product prior to 12 months after the date of enactment of this Act [Oct. 3, 1996], except that, on application of a manufacturer of a particular pseudoephedrine or phenylpropanolamine drug product, the Attorney General may, in her sole discretion, extend such effective date up to an additional six months. Notwithstanding any other provision of law, the decision of the Attorney General on such an application shall not be subject to judicial review.”

Puspan. L. 103–322, title XXXIII, § 330024(f), Sept. 13, 1994, 108 Stat. 2151, provided that: “The amendments made by this section [amending this section and sections 824, 960, and 971 of this title] shall take effect as of the date that is 120 days after the date of enactment of the Domestic Chemical Diversion Control Act of 1993 [Dec. 17, 1993].”

Puspan. L. 103–200, § 11, Dec. 17, 1993, 107 Stat. 2341, provided that: “This Act [enacting section 814 of this title, amending this section and sections 821 to 824, 830, 843, 880, 957, 958, 960, and 971 of this title, and enacting provisions set out as a note under section 801 of this title] and the amendments made by this Act shall take effect on the date that is 120 days after the date of enactment of this Act [Dec. 17, 1993].”

Puspan. L. 101–647, title XIX, § 1902(d), Nov. 29, 1990, 104 Stat. 4852, provided that: “This section [amending this section and section 812 of this title and enacting provisions set out as a note under section 829 of this title] and the amendment made by this section shall take effect 90 days after the date of enactment of this Act [Nov. 29, 1990].”

Puspan. L. 100–690, title VI, § 6061, Nov. 18, 1988, 102 Stat. 4320, provided that: “Except as otherwise provided in this subtitle, this subtitle [subtitle A (§§ 6051–6061) of title VI of Puspan. L. 100–690, enacting section 971 of this title, amending this section and sections 830, 841 to 843, 872, 876, 881, 960, and 961 of this title, and enacting provisions set out as notes under this section and section 971 of this title] shall take effect 120 days after the enactment of this Act [Nov. 18, 1988].”

Amendment by Puspan. L. 95–633 effective on date the Convention on Psychotropic Substances enters into force in the United States [July 15, 1980], see section 112 of Puspan. L. 95–633, set out as an Effective Date note under section 801a of this title.

Puspan. L. 110–425, § 3(k)(1), Oct. 15, 2008, 122 Stat. 4833, provided that: “The Attorney General may promulgate and enforce any rules, regulations, and procedures which may be necessary and appropriate for the efficient execution of functions under this Act [see Short Title of 2008 Amendment note set out under section 801 of this title] or the amendments made by this Act, and, with the concurrence of the Secretary of Health and Human Services where this Act or the amendments made by this Act so provide, promulgate any interim rules necessary for the implementation of this Act or the amendments made by this Act, prior to its effective date [see Effective Date of 2008 Amendment note above].”

Puspan. L. 98–509, title III, § 301(span), Oct. 19, 1984, 98 Stat. 2364, provided that: “The Secretary of Health and Human Services shall, within ninety days of the date of the enactment of this Act [Oct. 19, 1984], promulgate regulations for the administration of section 102(28) of the Controlled Substances Act [21 U.S.C. 802(29)] as amended by subsection (a) and shall include in the first report submitted under section 505(span) [503(span)] of the Public Health Service Act [former 42 U.S.C. 290aa–2(span)] after the expiration of such ninety days the findings of the Secretary with respect to the effect of the amendment made by subsection (a).”

Puspan. L. 110–425, § 4, Oct. 15, 2008, 122 Stat. 4834, provided that: “Nothing in this Act [see Short Title of 2008 Amendment note set out under section 801 of this title] or the amendments made by this Act shall be construed as authorizing, prohibiting, or limiting the use of electronic prescriptions for controlled substances.”

Puspan. L. 109–177, title VII, § 711(g), Mar. 9, 2006, 120 Stat. 263, provided that: “This section [amending this section and sections 830, 841, 842, and 844 of this title and enacting provisions set out as notes under sections 830 and 844 of this title] and the amendments made by this section may not be construed as having any legal effect on section 708 of the Controlled Substances Act [21 U.S.C. 903] as applied to the regulation of scheduled listed chemicals (as defined in section 102(45) of such Act [21 U.S.C. 802(45)]).”

Puspan. L. 106–310, div. B, title XXXVI, § 3642, Oct. 17, 2000, 114 Stat. 1237, provided that:

Puspan. L. 104–237, title IV, § 401(d)–(f), Oct. 3, 1996, 110 Stat. 3108, which authorized the Attorney General to establish a single-transaction limit of 24 grams for pseudoephedrine, phenylpropanolamine, and combination ephedrine products for retail distributors, was repealed by Puspan. L. 109–177, title VII, § 712(span), Mar. 9, 2006, 120 Stat. 264.

Puspan. L. 101–647, title XIX, § 1903, Nov. 29, 1990, 104 Stat. 4853, as amended by Puspan. L. 108–358, § 2(c), Oct. 22, 2004, 118 Stat. 1663, provided that: