Notes on 21 U.S.C. § 812 : US Code - Notes

Search Notes on 21 U.S.C. § 812 : US Code - Notes

(Pub. L. 91-513, title II, Sec. 202, Oct. 27, 1970, 84 Stat. 1247;
Pub. L. 95-633, title I, Sec. 103, Nov. 10, 1978, 92 Stat. 3772;
Pub. L. 98-473, title II, Secs. 507(c), 509(b), Oct. 12, 1984, 98
Stat. 2071, 2072; Pub. L. 99-570, title I, Sec. 1867, Oct. 27,
1986, 100 Stat. 3207-55; Pub. L. 99-646, Sec. 84, Nov. 10, 1986,
100 Stat. 3619; Pub. L. 101-647, title XIX, Sec. 1902(a), Nov. 29,
1990, 104 Stat. 4851.)
AMENDMENTS
1990 - Subsec. (c). Pub. L. 101-647 added item (e) at end of
schedule III.
1986 - Subsec. (c). Pub. L. 99-646 amended schedule II(a)(4)
generally. Prior to amendment, schedule II(a)(4) read as follows:
"Coca leaves (except coca leaves and extracts of coca leaves from
which cocaine, ecgonine, and derivatives of ecgonine or their salts
have been removed); cocaine, its salts, optical and geometric
isomers, and salts of isomers; and ecgonine, its derivatives, their
salts, isomers, and salts of isomers."
Pub. L. 99-570 amended schedule II(a)(4) generally. Prior to
amendment, schedule II(a)(4) read as follows: "Coca leaves and any
salt, compound, derivative, or preparation of coca leaves
(including cocaine and ecgonine and their salts, isomers,
derivatives, and salts of isomers and derivatives), and any salt,
compound, derivative, or preparation thereof which is chemically
equivalent or identical with any of these substances, except that
the substances shall not include decocainized coca leaves or
extraction of coca leaves, which extractions do not contain cocaine
or ecgonine."
1984 - Subsec. (c). Pub. L. 98-473, Sec. 507(c), in schedule
II(a)(4) added applicability to cocaine and ecgonine and their
salts, isomers, etc.
Subsec. (d). Pub. L. 98-473, Sec. 509(b), struck out subsec. (d)
which related to authority of Attorney General to except stimulants
or depressants containing active medicinal ingredients.
1978 - Subsec. (d)(3). Pub. L. 95-633 added cl. (3).
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-647 effective 90 days after Nov. 29,
1990, see section 1902(d) of Pub. L. 101-647, set out as a note
under section 802 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. 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 Pub. L. 95-633, set out as an
Effective Date note under section 801a of this title.
CONGRESSIONAL FINDING; EMERGENCY SCHEDULING OF GHB IN CONTROLLED
SUBSTANCES ACT
Pub. L. 106-172, Secs. 2, 3(a), Feb. 18, 2000, 114 Stat. 7, 8,
provided that:
"SEC. 2. FINDINGS.
"Congress finds as follows:
"(1) Gamma hydroxybutyric acid (also called G, Liquid X, Liquid
Ecstasy, Grievous Bodily Harm, Georgia Home Boy, Scoop) has
become a significant and growing problem in law enforcement. At
least 20 States have scheduled such drug in their drug laws and
law enforcement officials have been experiencing an increased
presence of the drug in driving under the influence, sexual
assault, and overdose cases especially at night clubs and
parties.
"(2) A behavioral depressant and a hypnotic, gamma
hydroxybutyric acid ('GHB') is being used in conjunction with
alcohol and other drugs with detrimental effects in an increasing
number of cases. It is difficult to isolate the impact of such
drug's ingestion since it is so typically taken with an ever-
changing array of other drugs and especially alcohol which
potentiates its impact.
"(3) GHB takes the same path as alcohol, processes via alcohol
dehydrogenase, and its symptoms at high levels of intake and as
impact builds are comparable to alcohol ingestion/intoxication.
Thus, aggression and violence can be expected in some individuals
who use such drug.
"(4) If taken for human consumption, common industrial
chemicals such as gamma butyrolactone and 1.4-butanediol are
swiftly converted by the body into GHB. Illicit use of these and
other GHB analogues and precursor chemicals is a significant and
growing law enforcement problem.
"(5) A human pharmaceutical formulation of gamma hydroxybutyric
acid is being developed as a treatment for cataplexy, a serious
and debilitating disease. Cataplexy, which causes sudden and
total loss of muscle control, affects about 65 percent of the
estimated 180,000 Americans with narcolepsy, a sleep disorder.
People with cataplexy often are unable to work, drive a car, hold
their children or live a normal life.
"(6) Abuse of illicit GHB is an imminent hazard to public
safety that requires immediate regulatory action under the
Controlled Substances Act (21 U.S.C. 801 et seq.).
"SEC. 3. EMERGENCY SCHEDULING OF GAMMA HYDROXYBUTYRIC ACID AND
LISTING OF GAMMA BUTYROLACTONE AS LIST I CHEMICAL.
"(a) Emergency Scheduling of GHB. -
"(1) In general. - The Congress finds that the abuse of illicit
gamma hydroxybutyric acid is an imminent hazard to the public
safety. Accordingly, the Attorney General, notwithstanding
sections 201(a), 201(b), 201(c), and 202 of the Controlled
Substances Act [21 U.S.C. 811(a)-(c), 812], shall issue, not
later than 60 days after the date of the enactment of this Act
[Feb. 18, 2000], a final order that schedules such drug (together
with its salts, isomers, and salts of isomers) in the same
schedule under section 202(c) of the Controlled Substances Act as
would apply to a scheduling of a substance by the Attorney
General under section 201(h)(1) of such Act (relating to imminent
hazards to the public safety), except as follows:
"(A) For purposes of any requirements that relate to the
physical security of registered manufacturers and registered
distributors, the final order shall treat such drug, when the
drug is manufactured, distributed, or possessed in accordance
with an exemption under section 505(i) of the Federal Food,
Drug, and Cosmetic Act [21 U.S.C. 355(i)] (whether the
exemption involved is authorized before, on, or after the date
of the enactment of this Act [Feb. 18, 2000]), as being in the
same schedule as that recommended by the Secretary of Health
and Human Services for the drug when the drug is the subject of
an authorized investigational new drug application (relating to
such section 505(i)). The recommendation referred to in the
preceding sentence is contained in the first paragraph of the
letter transmitted on May 19, 1999, by such Secretary (acting
through the Assistant Secretary for Health) to the Attorney
General (acting through the Deputy Administrator of the Drug
Enforcement Administration), which letter was in response to
the letter transmitted by the Attorney General (acting through
such Deputy Administrator) on September 16, 1997. In publishing
the final order in the Federal Register, the Attorney General
shall publish a copy of the letter that was transmitted by the
Secretary of Health and Human Services.
"(B) In the case of gamma hydroxybutyric acid that is
contained in a drug product for which an application is
approved under section 505 of the Federal Food, Drug, and
Cosmetic Act [21 U.S.C. 355] (whether the application involved
is approved before, on, or after the date of the enactment of
this Act [Feb. 18, 2000]), the final order shall schedule such
drug in the same schedule as that recommended by the Secretary
of Health and Human Services for authorized formulations of the
drug. The recommendation referred to in the preceding sentence
is contained in the last sentence of the fourth paragraph of
the letter referred to in subparagraph (A) with respect to May
19, 1999.
"(2) Failure to issue order. - If the final order is not issued
within the period specified in paragraph (1), gamma
hydroxybutyric acid (together with its salts, isomers, and salts
of isomers) is deemed to be scheduled under section 202(c) of the
Controlled Substances Act [21 U.S.C. 812(c)] in accordance with
the policies described in paragraph (1), as if the Attorney
General had issued a final order in accordance with such
paragraph."
PLACEMENT OF PIPRADROL AND SPA IN SCHEDULE IV TO CARRY OUT
OBLIGATION UNDER CONVENTION ON PSYCHOTROPIC SUBSTANCES
Section 102(c) of Pub. L. 95-633 provided that: "For the purpose
of carrying out the minimum United States obligations under
paragraph 7 of article 2 of the Convention on Psychotropic
Substances, signed at Vienna, Austria, on February 21, 1971, with
respect to pipradrol and SPA (also known as (-)-1-dimethylamino-1,2-
diphenylethane), the Attorney General shall by order, made without
regard to sections 201 and 202 of the Controlled Substances Act
[this section and section 811 of this title], place such drugs in
schedule IV of such Act [see subsec. (c) of this section]."
Provision of section 102(c) of Pub. L. 95-633, set out above,
effective on the date the Convention on Psychotropic Substances
enters into force in the United States [July 15, 1980], see section
112 of Pub. L. 95-633, set out as an Effective Date note under
section 801a of this title.
(!1) Revised schedules are published in the Code of Federal
Regulations, Part 1308 of Title 21, Food and Drugs.

(!2) So in original. Probably should be "Alphacetylmethadol."
(!3) So in original. Probably should be capitalized.