21 U.S.C. § 823 | Registration requirements

(a)

Manufacturers of controlled substances in schedule I or II

May 1, 1971The 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:

(1)

maintenance of effective controls against diversion of particular controlled substances and any controlled substance in schedule I or II compounded therefrom into other than legitimate medical, scientific, research, or industrial channels, by limiting the importation and bulk manufacture of such controlled substances to a number of establishments which can produce an adequate and uninterrupted supply of these substances under adequately competitive conditions for legitimate medical, scientific, research, and industrial purposes;

(2)

compliance with applicable State and local law;

(3)

promotion of technical advances in the art of manufacturing these substances and the development of new substances;

(4)

prior conviction record of applicant under Federal and State laws relating to the manufacture, distribution, or dispensing of such substances;

(5)

past experience in the manufacture of controlled substances, and the existence in the establishment of effective control against diversion; and

(6)

such other factors as may be relevant to and consistent with the public health and safety.

(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:

(1)

maintenance of effective control against diversion of particular controlled substances into other than legitimate medical, scientific, and industrial channels;

(2)

compliance with applicable State and local law;

(3)

prior conviction record of applicant under Federal or State laws relating to the manufacture, distribution, or dispensing of such substances;

(4)

past experience in the distribution of controlled substances; and

(5)

such other factors as may be relevant to and consistent with the public health and safety.

(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—

(i)

approve the application; or

(ii)

request supplemental information.

(B)

For purposes of subparagraph (A), an application shall be deemed complete when the applicant has submitted documentation showing each of the following:

(i)

The requirements designated in the notice in the Federal Register are satisfied.

(ii)

The requirements under this chapter are satisfied.

(iii)

The applicant will limit the transfer and sale of any marijuana manufactured under this subsection—

(I)

to researchers who are registered under this chapter to conduct research with controlled substances in schedule I; and

(II)

1 So in original. Probably should be preceded by “section”.

for purposes of use in preclinical research or in a clinical investigation pursuant to an investigational new drug exemption under 355(i)  of this title.

(iv)

The applicant will transfer or sell any marijuana manufactured under this subsection only with prior, written consent for the transfer or sale by the Attorney General.

(v)

The applicant has completed the application and review process under subsection (a) for the bulk manufacture of controlled substances in schedule I.

(vi)

The applicant has established and begun operation of a process for storage and handling of controlled substances in schedule I, including for inventory control and monitoring security in accordance with section 105 of the Medical Marijuana and Cannabidiol Research Expansion Act.

(vii)

The applicant is licensed by each State in which the applicant will conduct operations under this subsection, to manufacture marijuana, if that State requires such a license.

(C)

Not later than 30 days after the date on which the Attorney General receives supplemental information requested under subparagraph (A)(ii) with respect to an application, the Attorney General shall approve or deny the application.

(2)

If an application described in this subsection is denied, the Attorney General shall provide a written explanation of the basis of denial to the applicant.

(d)

Limits of authorized activities

section 826 of this titleRegistration granted under subsections (a) and (b) of this section shall not entitle a registrant to (1) manufacture or distribute controlled substances in schedule I or II other than those specified in the registration, or (2) manufacture any quantity of those controlled substances in excess of the quota assigned pursuant to .

(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:

(1)

maintenance of effective controls against diversion of particular controlled substances and any controlled substance in schedule III, IV, or V compounded therefrom into other than legitimate medical, scientific, or industrial channels;

(2)

compliance with applicable State and local law;

(3)

promotion of technical advances in the art of manufacturing these substances and the development of new substances;

(4)

prior conviction record of applicant under Federal or State laws relating to the manufacture, distribution, or dispensing of such substances;

(5)

past experience in the manufacture, distribution, and dispensing of controlled substances, and the existence in the establishment of effective controls against diversion; and

(6)

such other factors as may be relevant to and consistent with the public health and safety.

(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:

(1)

maintenance of effective controls against diversion of particular controlled substances into other than legitimate medical, scientific, and industrial channels;

(2)

compliance with applicable State and local law;

(3)

prior conviction record of applicant under Federal or State laws relating to the manufacture, distribution, or dispensing of such substances;

(4)

past experience in the distribution of controlled substances; and

(5)

such other factors as may be relevant to and consistent with the public health and safety.

(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:

(A)

The recommendation of the appropriate State licensing board or professional disciplinary authority.

(B)

The applicant’s experience in dispensing, or conducting research with respect to controlled substances.

(C)

The applicant’s conviction record under Federal or State laws relating to the manufacture, distribution, or dispensing of controlled substances.

(D)

Compliance with applicable State, Federal, or local laws relating to controlled substances.

(E)

Such other conduct which may threaten the public health and safety.

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)

(A)

section 824(a) of this title Registration applications by practitioners wishing to conduct research with controlled substances in schedule I shall be referred to the Secretary, who shall determine the qualifications and competency of each practitioner requesting registration, as well as the merits of the research protocol. The Secretary, in determining the merits of each research protocol, shall consult with the Attorney General as to effective procedures to adequately safeguard against diversion of such controlled substances from legitimate medical or scientific use. Registration for the purpose of bona fide research with controlled substances in schedule I by a practitioner deemed qualified by the Secretary may be denied by the Attorney General only on a ground specified in .

(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—

(aa)

section 355(i) of this title by the Secretary of Health and Human Services under ;

(bb)

by the National Institutes of Health or another Federal agency that funds scientific research; or

(cc)

pursuant to sections 1301.18 and 1301.32 of title 21, Code of Federal Regulations, or any successors thereto; and

(II)

the applicant has demonstrated to the Attorney General that there are effective procedures in place to adequately safeguard against diversion of the controlled substance for legitimate medical or scientific use pursuant to section 105 of the Medical Marijuana and Cannabidiol Research Expansion Act, including demonstrating that the security measures are adequate for storing the quantity of marijuana the applicant would be authorized to possess.

(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—

(I)

subparagraphs (B) through (E) of paragraph (1); and

(II)

subparagraph (A) of paragraph (1), if the applicable State requires practitioners conducting research to register with a board or authority described in such subparagraph (A).

(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—

(aa)

approve the application; or

(bb)

request supplemental information.

(II)

For purposes of subclause (I), an application shall be deemed complete when the applicant has submitted documentation showing that the requirements under clause (i) are satisfied.

(iv)

Not later than 30 days after the date on which the Attorney General receives supplemental information as described in clause (iii)(I)(bb) in connection with an application described in this subparagraph, the Attorney General shall approve or deny the application.

(v)

If an application described in this subparagraph is denied, the Attorney General shall provide a written explanation of the basis of denial to the applicant.

(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—

(aa)

the quantity or type of marijuana or cannabidiol (including any derivative, extract, preparation, and compound thereof);

(bb)

the source of such marijuana or cannabidiol; or

(cc)

the conditions under which such marijuana or cannabidiol is stored, tracked, or administered.

(II)

(aa)

If a registrant under clause (i) seeks to change the type of marijuana or cannabidiol (including any derivative, extract, preparation, and compound thereof), the source of such marijuana or cannabidiol, or the conditions under which such marijuana or cannabidiol is stored, tracked, or administered, the registrant shall notify the Attorney General via registered mail, or an electronic means permitted by the Attorney General, not later than 30 days before implementing an amended or supplemental research protocol.

(bb)

A registrant may proceed with an amended or supplemental research protocol described in item (aa) if the Attorney General does not explicitly object during the 30-day period beginning on the date on which the Attorney General receives the notice under item (aa).

(cc)

The Attorney General may only object to an amended or supplemental research protocol under this subclause if additional security measures are needed to safeguard against diversion or abuse.

(dd)

If a registrant under clause (i) seeks to address additional security measures identified by the Attorney General under item (cc), the registrant shall notify the Attorney General via registered mail, or an electronic means permitted by the Attorney General, not later than 30 days before implementing an amended or supplemental research protocol.

(ee)

A registrant may proceed with an amended or supplemental research protocol described in item (dd) if the Attorney General does not explicitly object during the 30-day period beginning on the date on which the Attorney General receives the notice under item (dd).

(III)

(aa)

If a registrant under clause (i) seeks to change the quantity of marijuana needed for research and the change in quantity does not impact the factors described in item (bb) or (cc) of subclause (I) of this clause, the registrant shall notify the Attorney General via registered mail or using an electronic means permitted by the Attorney General.

(bb)

A notification under item (aa) shall include—

(AA)

the Drug Enforcement Administration registration number of the registrant;

(BB)

the quantity of marijuana or cannabidiol already obtained;

(CC)

the quantity of additional marijuana or cannabidiol needed to complete the research; and

(DD)

an attestation that the change in quantity does not impact the source of the marijuana or cannabidiol or the conditions under which the marijuana or cannabidiol is stored, tracked, or administered.

(cc)

The Attorney General shall ensure that—

(AA)

any registered mail return receipt with respect to a notification under item (aa) is submitted for delivery to the registrant providing the notification not later than 3 days after receipt of the notification by the Attorney General; and

(BB)

notice of receipt of a notification using an electronic means permitted under item (aa) is provided to the registrant providing the notification not later than 3 days after receipt of the notification by the Attorney General.

(dd)

(AA)

On and after the date described in subitem (BB), a registrant that submits a notification in accordance with item (aa) may proceed with the research as if the change in quantity has been approved on such date, unless the Attorney General notifies the registrant of an objection described in item (ee).

(BB)

The date described in this subitem is the date on which a registrant submitting a notification under item (aa) receives the registered mail return receipt with respect to the notification or the date on which the registrant receives notice that the notification using an electronic means permitted under item (aa) was received by the Attorney General, as the case may be.

(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—

(AA)

does impact the source of the marijuana or cannabidiol or the conditions under which the marijuana or cannabidiol is stored, tracked, or administered; or

(BB)

necessitates that the registrant implement additional security measures to safeguard against diversion or abuse.

(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—

(aa)

the method of administration of marijuana or cannabidiol;

(bb)

the dosing of marijuana or cannabidiol; and

(cc)

the number of individuals or patients involved in research.

(3)

Article 7 of the Convention on Psychotropic Substances shall not be construed to prohibit, or impose additional restrictions upon, research involving drugs or other substances scheduled under the convention which is conducted in conformity with this subsection and other applicable provisions of this subchapter.

(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)—

(1)

if the applicant is a practitioner who is determined by the Secretary to be qualified (under standards established by the Secretary) to engage in the treatment with respect to which registration is sought;

(2)

section 827 of this title if the Attorney General determines that the applicant will comply with standards established by the Attorney General respecting (A) security of stocks of narcotic drugs for such treatment, and (B) the maintenance of records (in accordance with ) on such drugs; and

(3)

if the Secretary determines that the applicant will comply with standards established by the Secretary (after consultation with the Attorney General) respecting the quantities of narcotic drugs which may be provided for unsupervised use by individuals in such treatment.

(i)

Applicants for distribution of list I chemicals

section 802(39)(A) of this titleThe 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 . In determining the public interest for the purposes of this subsection, the Attorney General shall consider—

(1)

maintenance by the applicant of effective controls against diversion of listed chemicals into other than legitimate channels;

(2)

compliance by the applicant with applicable Federal, State, and local law;

(3)

any prior conviction record of the applicant under Federal or State laws relating to controlled substances or to chemicals controlled under Federal or State law;

(4)

any past experience of the applicant in the manufacture and distribution of chemicals; and

(5)

such other factors as are relevant to and consistent with the public health and safety.

(j)

Registration to manufacture certain controlled substances for use only in a clinical trial

(1)

section 824(c) of this title For purposes of registration to manufacture a controlled substance under subsection (e) for use only in a clinical trial, the Attorney General shall register the applicant, or serve an order to show cause upon the applicant in accordance with , not later than 180 days after the date on which the application is accepted for filing.

(2)

section 824(c) of this title section 958(i) of this title For purposes of registration to manufacture a controlled substance under subsection (a) for use only in a clinical trial, the Attorney General shall, in accordance with the regulations issued by the Attorney General, issue a notice of application not later than 90 days after the application is accepted for filing. Not later than 90 days after the date on which the period for comment pursuant to such notice ends, the Attorney General shall register the applicant, or serve an order to show cause upon the applicant in accordance with , unless the Attorney General has granted a hearing on the application under .

(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—

(A)

shall register an emergency medical services agency if the agency submits an application demonstrating it is authorized to conduct such activity under the laws of each State in which the agency practices; and

(B)

may deny an application for such registration if the Attorney General determines that the issuance of such registration would be inconsistent with the requirements of this subsection or the public interest based on the factors listed in subsection (g).

(2)

Option for single registration

In registering an emergency medical services agency pursuant to paragraph (1), the Attorney General shall allow such agency the option of a single registration in each State where the agency administers controlled substances in lieu of requiring a separate registration for each location of the emergency medical services agency.

(3)

Hospital-based agency

If a hospital-based emergency medical services agency is registered under subsection (g), the agency may use the registration of the hospital to administer controlled substances in accordance with this subsection without being registered under this subsection.

(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—

(A)

authorized by the law of the State in which it occurs; and

(B)

pursuant to—

(i)

a standing order that is issued and adopted by one or more medical directors of the agency, including any such order that may be developed by a specific State authority; or

(ii)

a verbal order that is—

(I)

issued in accordance with a policy of the agency; and

(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—

(aa)

in the case of a mass casualty incident; or

(bb)

to ensure the proper care and treatment of 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—

(A)

designates the unregistered location for such delivery; and

(B)

notifies the Attorney General at least 30 days prior to first delivering controlled substances to the unregistered location.

(6)

Storage

A registered emergency medical services agency may store controlled substances—

(A)

at a registered location of the agency;

(B)

at any designated location of the agency or in an emergency services vehicle situated at a registered or designated location of the agency; or

(C)

in an emergency medical services vehicle used by the agency that is—

(i)

traveling from, or returning to, a registered or designated location of the agency in the course of responding to an emergency; or

(ii)

otherwise actively in use by the agency under circumstances that provide for security of the controlled substances consistent with the requirements established by regulations of the Attorney General.

(7)

No treatment as distribution

section 828 of this titleThe delivery of controlled substances by a registered emergency medical services agency pursuant to this subsection shall not be treated as distribution for purposes of .

(8)

Restocking of emergency medical services vehicles at a hospital

section 828 of this titleNotwithstanding 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 , provided all of the following conditions are satisfied:

(A)

The registered or designated location of the agency where the vehicle is primarily situated maintains a record of such receipt in accordance with paragraph (9).

(B)

section 827 of this title The hospital maintains a record of such delivery to the agency in accordance with .

(C)

If the vehicle is primarily situated at a designated location, such location notifies the registered location of the agency within 72 hours of the vehicle receiving the controlled substances.

(9)

Maintenance of records

(A)

In general

section 827 of this title section 827(c)(1)(B) of this titleA registered emergency medical services agency shall maintain records in accordance with subsections (a) and (b) of of all controlled substances that are received, administered, or otherwise disposed of pursuant to the agency’s registration, without regard to sub.

(B)

Requirements

Such records—

(i)

shall include records of deliveries of controlled substances between all locations of the agency; and

(ii)

shall be maintained, whether electronically or otherwise, at each registered and designated location of the agency where the controlled substances involved are received, administered, or otherwise disposed of.

(10)

Other requirements

A registered emergency medical services agency, under the supervision of a medical director, shall be responsible for ensuring that—

(A)

all emergency medical services professionals who administer controlled substances using the agency’s registration act in accordance with the requirements of this subsection;

(B)

the recordkeeping requirements of paragraph (9) are met with respect to a registered location and each designated location of the agency;

(C)

the applicable physical security requirements established by regulation of the Attorney General are complied with wherever controlled substances are stored by the agency in accordance with paragraph (6); and

(D)

the agency maintains, at a registered location of the agency, a record of the standing orders issued or adopted in accordance with paragraph (9).

(11)

Regulations

The Attorney General may issue regulations—

(A)

specifying, with regard to delivery of controlled substances under paragraph (5)—

(i)

the types of locations that may be designated under such paragraph; and

(ii)

the manner in which a notification under paragraph (5)(B) must be made;

(B)

specifying, with regard to the storage of controlled substances under paragraph (6), the manner in which such substances must be stored at registered and designated locations, including in emergency medical service vehicles; and

(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—

(i)

shortages of such substances;

(ii)

a public health emergency; or

(iii)

a mass casualty event.

(12)

Rule of construction

Nothing in this subsection shall be construed—

(A)

to limit the authority vested in the Attorney General by other provisions of this subchapter to take measures to prevent diversion of controlled substances; or

(B)

to override the authority of any State to regulate the provision of emergency medical services consistent with this subsection.

(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)—

(i)

who is registered under this chapter;

(ii)

who is acting within the scope of the registration; and

(iii)

whose scope of practice under a State license or certification includes the ability to provide verbal orders.

(B)

The term “designated location” means a location designated by an emergency medical services agency under paragraph (5).

(C)

The term “emergency medical services” means emergency medical response and emergency mobile medical services provided outside of a fixed medical facility.

(D)

The term “emergency medical services agency” means an organization providing emergency medical services, including such an organization that—

(i)

is governmental (including fire-based and hospital-based agencies), nongovernmental (including hospital-based agencies), private, or volunteer-based;

(ii)

provides emergency medical services by ground, air, or otherwise; and

(iii)

is authorized by the State in which the organization is providing such services to provide emergency medical care, including the administering of controlled substances, to members of the general public on an emergency basis.

(E)

The term “emergency medical services professional” means a health care professional (including a nurse, paramedic, or emergency medical technician) licensed or certified by the State in which the professional practices and credentialed by a medical director of the respective emergency medical services agency to provide emergency medical services within the scope of the professional’s State license or certification.

(F)

The term “emergency medical services vehicle” means an ambulance, fire apparatus, supervisor truck, or other vehicle used by an emergency medical services agency for the purpose of providing or facilitating emergency medical care and transport or transporting controlled substances to and from the registered and designated locations.

(G)

The term “hospital-based” means, with respect to an agency, owned or operated by a hospital.

(H)

The term “medical director” means a physician who is registered under subsection (g) and provides medical oversight for an emergency medical services agency.

(I)

The term “medical oversight” means supervision of the provision of medical care by an emergency medical services agency.

(J)

The term “registered emergency medical services agency” means—

(i)

an emergency medical services agency that is registered pursuant to this subsection; or

(ii)

a hospital-based emergency medical services agency that is covered by the registration of the hospital under subsection (g).

(K)

The term “registered location” means a location that appears on the certificate of registration issued to an emergency medical services agency under this subsection or subsection (g), which shall be where the agency receives controlled substances from distributors.

(L)

The term “specific State authority” means a governmental agency or other such authority, including a regional oversight and coordinating body, that, pursuant to State law or regulation, develops clinical protocols regarding the delivery of emergency medical services in the geographic jurisdiction of such agency or authority within the State that may be adopted by medical directors.

(M)

The term “standing order” means a written medical protocol in which a medical director determines in advance the medical criteria that must be met before administering controlled substances to individuals in need of emergency medical services.

(N)

The term “verbal order” means an oral directive that is given through any method of communication including by radio or telephone, directly to an emergency medical services professional, to contemporaneously administer a controlled substance to individuals in need of emergency medical services outside the physical presence of the medical director or authorizing medical professional.

(l)

“Factors as may be relevant to and consistent with the public health and safety” defined

section 801 of this titleIn this section, the phrase “factors as may be relevant to and consistent with the public health and safety” means factors that are relevant to and consistent with the findings contained in .

(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)

section 1395x(r) of title 42 If the practitioner is a physician (as defined under ) and the practitioner meets one or more of the following conditions:

(i)

The physician holds a board certification in addiction psychiatry or addiction medicine from the American Board of Medical Specialties.

(ii)

The physician holds a board certification from the American Board of Addiction Medicine.

(iii)

The physician holds a board certification in addiction medicine from the American Osteopathic Association.

(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—

(I)

the American Society of Addiction Medicine, the American Academy of Addiction Psychiatry, the American Medical Association, the American Osteopathic Association, the American Dental Association, the American Association of Oral and Maxillofacial Surgeons, the American Psychiatric Association, the American Academy of Family Physicians, the American Podiatric Medical Association, the Academy of General Dentistry, the American Optometric Association, or any other organization accredited by the Accreditation Council for Continuing Medical Education (ACCME), the Commission for Continuing Education Provider Recognition (CCEPR), or the Council on Podiatric Medical Education;

(II)

any organization accredited by a State medical society accreditor that is recognized by the ACCME or the CCEPR;

(III)

any organization accredited by the American Osteopathic Association or the American Academy of Family Physicians to provide continuing medical education; or

(IV)

any organization approved by the Assistant Secretary for Mental Health and Substance Use, the ACCME, or the CCEPR.

(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—

(I)

treating and managing patients with opioid or other substance use disorders, including the appropriate clinical use of all drugs approved by the Food and Drug Administration for the treatment of a substance use disorder; or

(II)

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 and other substance use disorders.

(B)

section 1395x(r) of title 42 If the practitioner is not a physician (as defined under ), 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:

(i)

The practitioner has completed not fewer than 8 hours of training with respect to the treatment and management of patients with opioid or other substance use disorders (through classroom situations, seminars at professional society meetings, electronic communications, or otherwise) provided by the American Society of Addiction Medicine, the American Academy of Addiction Psychiatry, the American Medical Association, the American Osteopathic Association, the American Nurses Credentialing Center, the American Psychiatric Association, the American Association of Nurse Practitioners, the American Academy of Physician Associates, 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, or any other organization approved or accredited by the Assistant Secretary for Mental Health and Substance Use, the American Academy of Family Physicians, or the Accreditation Council for Continuing Medical Education.

(ii)

The practitioner has graduated in good standing from an accredited physician assistant school, an accredited school of advanced practice nursing, or an accredited school of pharmacy in the United States during the 5-year period immediately preceding the date on which the practitioner first registers or renews under this section and has successfully completed a comprehensive physician assistant or advanced practice nursing curriculum that included not fewer than 8 hours of training on treating and managing patients with opioid and other substance use disorders, including the appropriate clinical use of all drugs approved by the Food and Drug Administration for the treatment of a substance use disorder.

(2)

One-time training

(A)

In general

The Attorney General shall not require any qualified practitioner to complete the training described in clause (iv) or (v) of paragraph (1)(A) or clause (i) or (ii) of paragraph (1)(B) more than once.

(B)

Notification

December 29, 2022Not later than 90 days after , the Attorney General shall provide to qualified practitioners a single written, electronic notification of the training described in clauses (iv) and (v) of paragraph (1)(A) or clauses (i) and (ii) of paragraph (1)(B).

(3)

Rule of construction

Nothing in this subsection shall be construed—

(A)

to preclude the use, by a qualified practitioner, of training received pursuant to this subsection to satisfy registration requirements of a State or for some other lawful purpose; or

(B)

to preempt any additional requirements by a State related to the dispensing of controlled substances under schedule II, III, IV, or V.

(4)

Definitions

In this section:

(A)

First applicable registration

December 29, 2022The term “first applicable registration” means the first registration or renewal of registration by a qualified practitioner under this section that occurs on or after the date that is 180 days after .

(B)

Qualified practitioner

In this subsection, the term “qualified practitioner” means a practitioner who—

(i)

is licensed under State law to prescribe controlled substances; and

(ii)

is not solely a veterinarian.

(n)

Special provisions for practitioners conducting certain research with schedule I controlled substances

(1)

In general

Notwithstanding subsection (g), a practitioner may conduct research described in paragraph (2) of this subsection with 1 or more schedule I substances in accordance with subparagraph (A) or (B) of paragraph (3) of this subsection.

(2)

Research subject to expedited procedures

Research described in this paragraph is research that—

(A)

section 355(i) of this title is with respect to a drug that is the subject of an investigational use exemption under ; or

(B)

is—

(i)

conducted by the Department of Health and Human Services, the Department of Defense, or the Department of Veterans Affairs; or

(ii)

funded partly or entirely by a grant, contract, cooperative agreement, or other transaction from the Department of Health and Human Services, the Department of Defense, or the Department of Veterans Affairs.

(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:

(I)

The chemical name of the substance.

(II)

The quantity of the substance to be used in the research.

(III)

Demonstration that the research is in the category described in paragraph (2), which demonstration may be satisfied—

(aa)

in the case of a grant, contract, cooperative agreement, or other transaction, or intramural research project, by identifying the sponsoring agency and supplying the number of the grant, contract, cooperative agreement, other transaction, or project; or

(bb)

section 355(i) of this title in the case of an application under , by supplying the application number and the sponsor of record on the application.

(IV)

Demonstration that the researcher is authorized to conduct research with respect to the substance under the laws of the State in which the research will take place.

(ii)

Verification of information by HHS or VA

Upon request from the Attorney General, the Secretary of Health and Human Services, the Department of Defense, or the Secretary of Veterans Affairs, as appropriate, shall verify information submitted by an applicant under clause (i)(III).

(B)

Researcher without a current schedule I or II research registration

(i)

In general

If a practitioner is not registered to conduct research with a controlled substance in schedule I or II, the practitioner may send a notice to the Attorney General containing the information listed in subparagraph (A)(i), with respect to each substance with which the practitioner will conduct the research.

(ii)

Attorney General action

The Attorney General shall—

(I)

treat notice received under clause (i) as a sufficient application for a research registration; and

(II)

not later than 45 days of receiving such a notice that contains all information required under subparagraph (A)(i)—

(aa)

(bb)

section 824(c) of this title serve an order to show cause upon the applicant in accordance with .

(4)

Electronic submissions

The Attorney General shall provide a means to permit a practitioner to submit a notification under paragraph (3) electronically.

(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—

(A)

the notification to the Attorney General under paragraph (3); or

(B)

a supplemental notification that the practitioner may send if the practitioner needs additional amounts for the research, which supplemental notification shall include—

(i)

the name of the practitioner;

(ii)

the additional quantity needed of the substance; and

(iii)

an attestation that the research to be conducted with the substance is consistent with the scope of the research that was the subject of the notification under paragraph (3).

(6)

Importation and exportation requirements not affected

Nothing in this subsection alters the requirements of subchapter II, regarding the importation and exportation of controlled substances.

(7)

Inspector General report

July 16, 2025Not later than 1 year after , the Inspector General of the Department of Justice shall complete a study, and submit to Congress a report thereon, about research described in paragraph (2) of this subsection with fentanyl.

(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—

(A)

the identities of all substances for which such determinations have been made;

(B)

the process and criteria that shall be applied to applications to conduct research with those substances; and

(C)

how the process and criteria described in subparagraph (B) differ from the process and criteria applicable to applications to conduct research with other controlled substances in the same schedule.

(2)

Timing of posting

The Attorney General shall make information described in paragraph (1) public upon making a determination described in that paragraph, regardless of whether a practitioner has submitted such an application at that time.

Pub. L. 91–513, title II, § 303Oct. 27, 197084 Stat. 1253 Pub. L. 93–281, § 3May 14, 197488 Stat. 124 Pub. L. 95–633, title I, § 109Nov. 10, 197892 Stat. 3773 Pub. L. 98–473, title II, § 511Oct. 12, 198498 Stat. 2073 Pub. L. 103–200, § 3(c)Dec. 17, 1993107 Stat. 2336 Pub. L. 106–310, div. B, title XXXV, § 3502(a)Oct. 17, 2000114 Stat. 1222 Pub. L. 107–273, div. B, title II, § 2501Nov. 2, 2002116 Stat. 1803 Pub. L. 109–56, § 1(a)Aug. 2, 2005119 Stat. 591 Pub. L. 109–177, title VII, § 712(a)(3)Mar. 9, 2006120 Stat. 263 Pub. L. 109–469, title XI, § 1102Dec. 29, 2006120 Stat. 3540 Pub. L. 110–425, § 3(b)Oct. 15, 2008122 Stat. 4824 Pub. L. 114–89, § 3Nov. 25, 2015129 Stat. 701 Pub. L. 114–145, § 2(a)(1)Apr. 19, 2016130 Stat. 354 Pub. L. 114–198, title III, § 303(a)(1)July 22, 2016130 Stat. 720 Pub. L. 115–83, § 2Nov. 17, 2017131 Stat. 1267 Pub. L. 115–271, title IIIOct. 24, 2018132 Stat. 3943 Pub. L. 117–215, title IDec. 2, 2022136 Stat. 2258 Pub. L. 117–328, div. FF, title IDec. 29, 2022136 Stat. 5681 Pub. L. 119–26July 16, 2025139 Stat. 411 Pub. L. 119–44, title IV, § 402(a)Dec. 1, 2025139 Stat. 690(, , ; , , ; , , ; , , ; , , ; , , ; , , ; , (b), , ; , , ; , , ; , , ; , , ; , , ; , (b), , , 723; , , ; , §§ 3201(a)–(d), 3202(a), , , 3944; , §§ 101, 102(a), 103(a), , , 2260, 2261; , §§ 1262(a), 1263(a), , , 5683; , §§ 3(a), (g), 4(2)(A), , , 416; , , .)

Editorial Notes

References in Text

section 812(c) of this titleSchedules 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 .

Pub. L. 91–513Oct. 27, 197084 Stat. 1236 section 801 of this titleThis chapter, referred to in subsecs. (c)(1)(A), (B) and (k)(13)(A)(i), was in the original “this Act”, meaning , , . For complete classification of this Act to the Code, see Short Title note set out under and Tables.

section 105 of Pub. L. 117–215Section 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 , which is set out as a note below.

Pub. L. 91–513Oct. 27, 197084 Stat. 1242 section 801 of this titleThis subchapter, referred to in subsecs. (g)(3) and (k)(12)(A), was in the original “this title”, meaning title II of , , , 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 and Tables.

Amendments

Pub. L. 119–26, § 4(2)(A)Pub. L. 117–328, § 1262(a)2025—Subsec. (h). , amended . See 2022 Amendment note below.

lPub. L. 119–26, § 3(a)(1)Pub. L. 119–44, § 402(a)(1)lSubsecs. (), (m). , and , made identical amendments, redesignating subsec. () relating to required training for prescribers as (m).

Pub. L. 119–44, § 402(a)(2)(A)(i)(I)Subsec. (m)(1)(A)(iv)(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.

Pub. L. 119–44, § 402(a)(2)(A)(i)(II)Subsec. (m)(1)(A)(iv)(III). , inserted “or the American Academy of Family Physicians” after “Association”.

Pub. L. 119–44, § 402(a)(2)(A)(ii)Subsec. (m)(1)(A)(v). , 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.

Pub. L. 119–44, § 402(a)(2)(B)(i)Subsec. (m)(1)(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”.

Pub. L. 119–44, § 402(a)(2)(B)(ii)Subsec. (m)(1)(B)(ii). , substituted “, an accredited school” for “or accredited school” and inserted “, or an accredited school of pharmacy” before “in the United States”.

Pub. L. 119–26, § 3(a)(2)Subsec. (n). , added subsec. (n).

oPub. L. 119–26, § 3(g)oSubsec. (). , added subsec. ().

Pub. L. 117–215, § 103(a)(1)2022—Subsecs. (c) to (e). , (2), added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively. Former subsec. (e) redesignated (f).

Pub. L. 117–215, § 103(a)(1)Subsec. (f). , 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).

Pub. L. 117–215, § 102(a)Subsec. (f)(2)(B)(vi). , added cl. (vi).

Pub. L. 117–215, § 103(a)(1)Subsec. (g). , redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).

Pub. L. 117–328, § 1262(a)Pub. L. 119–26, § 4(2)(A)Subsec. (h). , as amended by , 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).

Pub. L. 117–215, § 103(a)(3)Subsec. (h)(2). , substituted “subsection (g)” for “subsection (f)” wherever appearing.

Pub. L. 117–215, § 103(a)(1)Subsec. (i). , redesignated subsec. (h) as (i). Former subsec. (i) redesignated (j).

Pub. L. 117–215, § 103(a)(1)Subsec. (j). , redesignated subsec. (i) as (j). Former subsec. (j) redesignated (k).

Pub. L. 117–215, § 103(a)(4)Subsec. (j)(1). , substituted “subsection (e)” for “subsection (d)”.

Pub. L. 117–215, § 103(a)(1)lSubsec. (k). , (5), redesignated subsec. (j) as (k) and substituted “subsection (g)” for “subsection (f)” wherever appearing. Former subsec. (k) redesignated ().

lPub. L. 117–328, § 1263(a)lSubsec. (). , added subsec. () relating to required training for prescribers.

Pub. L. 117–215, § 103(a)(1)l, redesignated subsec. (k) as ().

Pub. L. 115–271, § 3201(a)2018—Subsec. (g)(2)(B)(iii)(II). , 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.”

Pub. L. 115–271, § 3202(a)Subsec. (g)(2)(G)(ii)(VIII). , added subcl. (VIII).

Pub. L. 115–271, § 3201(b)July 22, 2016October 1, 2021Subsec. (g)(2)(G)(iii)(II). , 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).”

Pub. L. 115–271, § 3201(b)(1)Subsec. (g)(2)(G)(iii)(III). , (c), added subcl. (III).

Pub. L. 115–271, § 3201(d)Subsec. (g)(2)(G)(iv). , substituted “nurse practitioner, clinical nurse specialist, certified registered nurse anesthetist, certified nurse midwife, or physician assistant” for “nurse practitioner or physician assistant” wherever appearing.

Pub. L. 115–832017—Subsecs. (j), (k). added subsec. (j) and redesignated former subsec. (j) as (k).

Pub. L. 114–198, § 303(a)(1)(A)2016—Subsec. (g)(2)(B). , 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.”

Pub. L. 114–198, § 303(a)(1)(B)(i)Subsec. (g)(2)(D)(ii). , 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)”.

Pub. L. 114–198, § 303(a)(1)(B)(ii)Subsec. (g)(2)(D)(iii). , 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”.

Pub. L. 114–198, § 303(a)(1)(C)(i)Subsec. (g)(2)(G)(ii)(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.”

Pub. L. 114–198, § 303(a)(1)(C)(ii)Subsec. (g)(2)(G)(ii)(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.”

Pub. L. 114–198, § 303(a)(1)(C)(iii)Subsec. (g)(2)(G)(ii)(III). , struck out “subspecialty” before “board certification”.

Pub. L. 114–198, § 303(a)(1)(C)(iv)Subsec. (g)(2)(G)(ii)(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.”

Pub. L. 114–198, § 303(a)(1)(C)(v)Subsec. (g)(2)(G)(iii), (iv). , added cls. (iii) and (iv).

Pub. L. 114–198, § 303(a)(1)(D)(i)Subsec. (g)(2)(H)(i)(III). , added subcl. (III).

Pub. L. 114–198, § 303(a)(1)(D)(ii)October 17, 2000Subsec. (g)(2)(H)(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.”

Pub. L. 114–198, § 303(b)Subsec. (g)(2)(I), (J). , 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.

Pub. L. 114–145Subsec. (j). added subsec. (j).

Pub. L. 114–892015—Subsec. (i). added subsec. (i).

Pub. L. 110–4252008—Subsec. (f). , 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”.

Pub. L. 109–469, § 1102(1)2006—Subsec. (g)(2)(B)(iii). , 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”.

Pub. L. 109–469, § 1102(2)(A)Subsec. (g)(2)(J)(i). , 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).”

Pub. L. 109–469, § 1102(2)(B)December 29, 2006October 17, 2000Subsec. (g)(2)(J)(ii). , substituted “” for “” in introductory provisions.

Pub. L. 109–469, § 1102(2)(C)Subsec. (g)(2)(J)(iii). , 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”.

Pub. L. 109–177 section 802(39)(A) of this title section 802(39)(A)(iv) of this titleSubsec. (h). substituted “clause (iv) or (v) of ” for “” in introductory provisions.

Pub. L. 109–56, § 1(b)2005—Subsec. (g)(2)(B)(iii). , substituted “The total” for “In any case in which the practitioner is not in a group practice, the total”.

Pub. L. 109–56, § 1(a)Subsec. (g)(2)(B)(iv). , 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.”

Pub. L. 107–273, § 2501(1)October 17, 2000October 17, 20002002—Subsec. (g)(2)(I). , 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.

Pub. L. 107–273, § 2501(2)October 17, 2000October 17, 2000Subsec. (g)(2)(J)(i). , 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.

Pub. L. 106–3102000—Subsec. (g). 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).

Pub. L. 103–2001993—Subsec. (h). added subsec. (h).

Pub. L. 98–4731984—Subsec. (f). 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.

Pub. L. 95–6331978—Subsec. (f). inserted provision relating to the construction of the Convention on Psychotropic Substances.

Pub. L. 93–2811974—Subsec. (g). added subsec. (g).

Statutory Notes and Related Subsidiaries

Effective Date of 2025 Amendment

Pub. L. 119–44, title IV, § 402(b)Dec. 1, 2025139 Stat. 691

December 29, 2022“The amendment made by subsection (a) [amending this section] shall take effect as if enacted on .”

, , , provided that:

Pub. L. 119–26, § 4July 16, 2025139 Stat. 416 Pub. L. 117–328, , , provided that the amendment made by section 4(2)(A) is effective as if included in the enactment of .

Effective Date of 2008 Amendment

Pub. L. 110–425Oct. 15, 2008section 3(j) of Pub. L. 110–425 section 802 of this titleAmendment by effective 180 days after , except as otherwise provided, see , set out as a note under .

Effective Date of 2005 Amendment

Pub. L. 109–56, § 1(c)Aug. 2, 2005119 Stat. 591

Aug. 2, 2005“This section [amending this section] shall take effect on the date of enactment of this Act [].”

, , , provided that:

Effective Date of 1993 Amendment

Pub. L. 103–200Dec. 17, 1993section 11 of Pub. L. 103–200 section 802 of this titleAmendment by effective on date that is 120 days after , see , set out as a note under .

Effective Date of 1978 Amendment

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

Effective Date

Oct. 26, 1970section 704 of Pub. L. 91–513 section 801 of this titleSection effective on first day of seventh calendar month that begins after , see , set out as a note under .

Regulations

Pub. L. 117–215, title I, § 102(b)Dec. 2, 2022136 Stat. 2261

Dec. 2, 2022“Not later than 1 year after the date of enactment of this Act [], the Attorney General shall promulgate regulations to carry out the amendment made by this section [amending this section].”

, , , provided that:

Update Regulations

Pub. L. 117–328, div. FF, title I, § 1252(b)Dec. 29, 2022136 Stat. 5681

Dec. 29, 2022“Not later than 18 months after the date of enactment of this Act [], 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.”

, , , provided that:

Pub. L. 114–198, title III, § 303(c)July 22, 2016130 Stat. 723

July 22, 2016“Not later than 18 months after the date of enactment of this Act [], 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.”

, , , provided that:

Adequate and Uninterrupted Supply

Pub. L. 117–215, title I, § 104Dec. 2, 2022136 Stat. 2263

“(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.”

, , , provided that:

section 104 of Pub. L. 117–215 section 2(a) of Pub. L. 117–215 section 801 of this title[For definition of “marijuana” as used in , set out above, see , set out as a note under .]

Security Requirements

Pub. L. 117–215, title I, § 105Dec. 2, 2022136 Stat. 2264

“(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 .—

21 U.S.C. 812(c)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 () that have a similar risk of diversion and abuse.”

, , , provided that:

section 105 of Pub. L. 117–215 section 2(a) of Pub. L. 117–215 section 801 of this title[For definitions of “marijuana”, “controlled substances”, and “practitioners” as used in , set out above, see , set out as a note under .]

Development of Food and Drug Administration-Approved Drugs Using Cannabidiol and Marijuana

Pub. L. 117–215, title IIDec. 2, 2022136 Stat. 2264

“SEC. 201.

MEDICAL RESEARCH ON CANNABIDIOL.

21 U.S.C. 801 20 U.S.C. 7101“Notwithstanding any provision of the Controlled Substances Act ( et seq.), the Safe and Drug-Free Schools and Communities Act ( 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.

21 U.S.C. 355 21 U.S.C. 823“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 (), in accordance with the applicable requirements under subsection (a) or (b) of section 303 of the Controlled Substances Act ().”

, , , provided that:

Pub. L. 117–215 section 2(a) of Pub. L. 117–215 section 801 of this title[For definitions of terms used in title II of , set out above, see , set out as a note under .]

Treatment for Children

Pub. L. 115–271, title III, § 3202(b)Oct. 24, 2018132 Stat. 3945

21 U.S.C. 823(g)(2)21 U.S.C. 823(h)(2)“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 () [former ], 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.”

, , , provided that:

Grants To Enhance Access to Substance Use Disorder Treatment

Pub. L. 115–271, title III, § 3203Oct. 24, 2018132 Stat. 3945 Pub. L. 119–44, title II, § 207Dec. 1, 2025139 Stat. 68

21 U.S.C. 823(h)(2)(G)(ii)“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 ], as added by section 3202(a) of this Act.”

, , , as amended by , , , provided that:

Reports to Congress

Pub. L. 114–198, title III, § 303(a)(3)July 22, 2016130 Stat. 722

“(A)

In general .—

July 22, 2016Not 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)

21 U.S.C. 823(g)(2)21 U.S.C. 823(h)(2) compliance with the requirements of [former] section 303(g)(2) of the Controlled Substances Act () [former ], as amended by this section;

“(ii)

the measures taken by the Secretary of Health and Human Services to ensure such compliance;

“(iii)

21 U.S.C. 823(g)(2)21 U.S.C. 823(h)(2) 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 () [former ], 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.”

, , , provided that:

Provisional Registration

section 822 of this title section 360 of this title section 4722 of Title 26 section 703 of Pub. L. 91–513 section 822 of this titleFor provisional registration of persons engaged in manufacturing, distributing, or dispensing of controlled substances on the day before the effective date of who are registered on such date under or , Internal Revenue Code, see , set out as a note under .