US Code

Public Law 119-73 (01/23/2026)

21 U.S.C. § 829a

Delivery of a controlled substance by a pharmacy to an administering practitioner

(a)

In general

section 802(10) of this titleNotwithstanding , a pharmacy may deliver a controlled substance to a practitioner in accordance with a prescription that meets the requirements of this subchapter and the regulations issued by the Attorney General under this subchapter, for the purpose of administering the controlled substance by the practitioner if—
(1)
the controlled substance is delivered by the pharmacy to the prescribing practitioner or the practitioner administering the controlled substance, as applicable, at the location listed on the practitioner’s certificate of registration issued under this subchapter;
(2)
the controlled substance is a drug in schedule III, IV, or V to be administered—
(A)
by injection or implantation for the purpose of maintenance or detoxification treatment; or
(B)
section 355–1 of this title subject to a risk evaluation and mitigation strategy pursuant to that includes elements to assure safe use of the drug described in subsection (f)(3)(E) of such section, including a requirement for post-administration monitoring by a health care provider;
(3)
the pharmacy and the practitioner are authorized to conduct the activities specified in this section under the law of the State in which such activities take place;
(4)
the prescription is not issued to supply any practitioner with a stock of controlled substances for the purpose of general dispensing to patients;
(5)
except as provided in subsection (b), the controlled substance is to be administered only to the patient named on the prescription not later than 45 days after the date of receipt of the controlled substance by the practitioner; and
(6)
section 827 of this title notwithstanding any exceptions under , the prescribing practitioner, and the practitioner administering the controlled substance, as applicable, maintain complete and accurate records of all controlled substances delivered, received, administered, or otherwise disposed of under this section, including the persons to whom controlled substances were delivered and such other information as may be required by regulations of the Attorney General.
(b)

Modification of number of days before which controlled substance shall be administered

(1)

Initial 2-year period

During the 2-year period beginning on , the Attorney General, in coordination with the Secretary, may reduce the number of days described in subsection (a)(5) if the Attorney General determines that such reduction will—
(A)
reduce the risk of diversion; or
(B)
protect the public health.
(2)

Modifications after submission of report

After the date on which the report described in section 3204(b) of the SUPPORT for Patients and Communities Act is submitted, the Attorney General, in coordination with the Secretary, may modify the number of days described in subsection (a)(5).

(3)

Minimum number of days

Any modification under this subsection shall be for a period of not less than 7 days.

Pub. L. 91–513, title II, § 309APub. L. 115–271, title III, § 3204(a)132 Stat. 3945Pub. L. 117–215, title I, § 103(b)(1)(E)136 Stat. 2263Pub. L. 117–328, div. FF, title I136 Stat. 5682Pub. L. 119–26, § 4(2)(B)(iii)139 Stat. 416Pub. L. 119–44, title IV, § 401139 Stat. 689(, as added , , ; amended , , ; , §§ 1262(b)(2), 1264, , , 5685; , , ; , , .)

Editorial Notes

References in Text

section 812(c) of this titleSchedules III, IV, and V, referred to in subsec. (a)(2), are set out in .

section 3204(b) of Pub. L. 115–271132 Stat. 3946Section 3204(b) of the SUPPORT for Patients and Communities Act, referred to in subsec. (b)(2), is , title III, , , which is not classified to the Code.

Amendments

Pub. L. 119–44, § 4012025—Subsec. (a)(2). , added par. (2) and struck out former par. (2) which read as follows: “the controlled substance is a narcotic drug in schedule III, IV, or V to be administered for the purpose of maintenance or detoxification treatment and is to be administered by injection or implantation;”.

Pub. L. 119–26, § 4(2)(B)(iii)Pub. L. 117–328, § 1262(b)(2), amended . See 2022 Amendment note below.

Pub. L. 117–328, § 1262(b)(2)Pub. L. 119–26, § 4(2)(B)(iii)2022—Subsec. (a)(2). , as amended by , substituted “the controlled substance is a narcotic drug in schedule III, IV, or V to be administered for the purpose of maintenance or detoxification treatment and is to be administered by injection or implantation;” for “the controlled substance is to be administered for the purpose of maintenance or detoxification treatment under section 823(g)(2) and—”

“(A) the practitioner who issued the prescription is a qualifying practitioner authorized under, and acting within the scope of that section; and

“(B) the controlled substance is to be administered by injection or implantation;”.

Pub. L. 117–215 substituted “823(h)(2)” for “823(g)(2)” in introductory provisions.

Pub. L. 117–328, § 1264Subsec. (a)(5). , substituted “45 days” for “14 days”.

Statutory Notes and Related Subsidiaries

Effective Date of 2025 Amendment

Pub. L. 119–26, § 4139 Stat. 416Pub. L. 117–328, , , provided that the amendment made by section 4(2)(B)(iii) is effective as if included in the enactment of .