DEA to halt MJ raids in the US ?
- Thread starter iGro4Me
- Start date
Twisted Metal
Member
So are the raids really over, is this statement legit?
they are really over, you can exhale now....
im glad they have moved on to more important things...
im glad they have moved on to more important things...
Not sure really, they pressed Holder on the Feb. 2nd raids in Cali and I didn't see a response.
I was hoping to put the feelers out on this one to see what anyone else might be able to find out.
We can only hope.
iGro
B.Grant
Member
Hey NorCal - You know anymore about that San Diego story about the county still busting dispensaries? Say it ain't so...tell me it's really over.
I hope.
I have to suspend belief until this plays out a little more.
You'll have to excuse my sceptisism when it comes to our politicians.
only thing i heard was the DA say that obamas policy is americas policy and obama's policy is not to raid medical marijuana patients/clincs
:
no its NOT legitimate>>>
its just second hand rhetoric courtesy of the AG.
they have not written any bill // law
or rescheduled to include medicinal benefits
honestly,,, with the power and loopholes between DEA<FBI<AG;
they can really turn this into anything....
like i had stated:: obama has already said they will end the raids,
but will raid people they believe are "involved" with illegal activity.
i also believe if the DEA "stops raiding" we will only see the creation
of a new entity to over step previous jurisdiction and sanctioning....
Regulations & Codified CSA > USC > Subchapter I, Part A > Section 801
Title 21 United States Code (USC)
Controlled Substances Act
SUBCHAPTER I -- CONTROL AND ENFORCEMENT
Part A -- Introductory Provisions
Section 801. Congressional Findings and Declarations: Controlled Substances
The Congress makes the following findings and declarations:
(1) Many of the drugs included within this subchapter have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the American people.
(2) The illegal importation, manufacture, distribution, and possession and improper use of controlled substances have a substantial and detrimental effect on the health and general welfare of the American people.
(3) A major portion of the traffic in controlled substances flows through interstate and foreign commerce. Incidents of the traffic which are not an integral part of the interstate or foreign flow, such as manufacture, local distribution, and possession, nonetheless have a substantial and direct effect upon interstate commerce because--
(A) after manufacture, many controlled substances are transported in interstate commerce,
(B) controlled substances distributed locally usually have been transported in interstate commerce immediately before their distribution, and
(C) controlled substances possessed commonly flow through interstate commerce immediately prior to such possession.
(4) Local distribution and possession of controlled substances contribute to swelling the interstate traffic in such substances.
(5) Controlled substances manufactured and distributed intrastate cannot be differentiated from controlled substances manufactured and distributed interstate. Thus, it is not feasible to distinguish, in terms of controls, between controlled substances manufactured and distributed interstate and controlled substances manufactured and distributed intrastate.
(6) Federal control of the intrastate incidents of the traffic in controlled substances is essential to the effective control of the interstate incidents of such traffic.
(7) The United States is a party to the Single Convention on Narcotic Drugs, 1961, and other international conventions designed to establish effective control over international and domestic traffic in controlled substances.
(Pub.L. 91-513, Title II, Section 101, Oct. 27, 1970, 84 Stat. 1242.)
EDITORIAL NOTES
References in Text. This subchapter, wherever referred to in this subchapter, was in the original "this title" which is Title II of Pub.L. 91-513, Oct. 27, 1970, 84 Stat. 1242, and is popularly known as the "Controlled Substances Act".
Short Title of 2000 Amendments
Pub. L. 106-310, div. B, title XXXV, Sec. 3501, Oct. 17, 2000, 114 Stat. 1222, provided that: "This title [amending sections 823 and 824 of this title] may be cited as the 'Drug Addiction Treatment Act of 2000'.''
Pub. L. 106-310, div. B, title XXXVI, Sec. 3601, Oct. 17, 2000, 114 Stat. 1227, provided that: "This title [enacting section 864 of this title and sections 290aa-5b and 290bb-9 of Title 42, The Public Health and Welfare, amending sections 802, 830, 853, 856, and 863 of this title, sections 3663 and 3663A of Title 18, Crimes and Criminal Procedure, section 524 of Title 28, Judiciary and Judicial Procedure, and sections 285o-2 and 3751 of Title 42, and enacting provisions set out as notes under this section and sections 802, 872, 873, 886, and 1706 of this title, sections 524 and 994 of Title 28, and sections 201, 290aa-4, 290aa-5b and 3751 of Title 42] may be cited as the 'Methamphetamine Anti-Proliferation Act of 2000'.''
Pub. L. 106-172, Sec. 1, Feb. 18, 2000, 114 Stat. 7, provided that: "This Act [amending sections 802, 827, 841 and 960 of this title and enacting provisions set out as notes under this section and section 812 of this title] may be cited as the 'Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000'.''
Short Title of 1998 Amendment
Pub. L. 105-277, div. C, title VIII, Sec. 801(a), Oct. 21, 1998, 112 Stat. 2681-693, provided that: "This title [enacting section 1713 of this title and section 2291-5 of Title 22, Foreign Relations and Intercourse, amending section 956 of this title, and enacting provisions set out as notes under sections 801 and 956 of this title and section 2291 of Title 22] may be cited as the 'Western Hemisphere Drug Elimination Act'.''
Pub. L. 105-277, div. C, title VIII, subtitle G (Secs. 871, 872), Sec. 871, Oct. 21, 1998, 112 Stat. 2681-707, and Pub. L. 105-357, Sec. 1, Nov. 10, 1998, 112 Stat. 3271, provided that such subtitle and such Act, which amended section 956 of this title and enacted provisions set out as notes under section 956 of this title "may be cited as the 'Controlled Substances Trafficking Prohibition Act'.''
Pub. L. 105-277, div. E, Sec. 1, Oct. 21, 1998, 112 Stat. 2681-759, provided that: "This division [amending sections 841 and 960 of this title and section 13705 of Title 42, The Public Health and Welfare] may be cited as the 'Methamphetamine Trafficking Penalty Enhancement Act of 1998'.''
Short Title of 1996 Amendments
Pub.L. 104-305, Section 1, Oct. 13, 1996, 110 Stat. 3807, provided that: "This Act [amending sections 841, 844, 959, and 960 of this title, and enacting provisions set out as notes under section 872 of this title and 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the 'Drug-Induced Rape Prevention and Punishment Act of 1996'."
Pub.L. 104-237, Section 1(a), Oct. 3, 1996, 110 Stat. 3099, provided that: "This Act [enacting section 872a of this title, amending sections 802, 814, 830, 841, 842, 843, 844, 853, 881, 959, and 960 of this title and section 1607 of Title 19, Customs Duties, and enacting provisions set out as notes under this section and section 872, and 971 of this title, section 994 of Title 28, Judiciary and Judicial Procedures, and section 290aa-4 of Title 42, The Public Health and Welfare] may be cited as the 'Comprehensive Methamphetamine Control Act of 1996'."
Short Title of 1994 Amendments
Pub.L. 103-322, Title XVIII, Section 180201(a), Sept. 13, 1994, 108 Stat. 2046, provided that: "This section [enacting section 849 of this title, amending section 841 of this title, and enacting provisions set out as a note under section 994 of this title] may be cited as the 'Drug Free Truck Stop Act'."
Short Title of 1993 Amendment.
Pub.L. 103-200, Section 1, Dec. 17, 1993, 107 Stat. 2333, provided that: "This Act [enacting section 814 of this title, amending sections 802, 821, 822, 823, 824, 830, 843, 880, 957, 958, 960, and 971 of this title, and enacting a provision set out as a note under section 802 of this title] may be cited as the 'Domestic Chemical Diversion Control Act of 1993'."
Short Title of 1990 Amendment.
Pub.L. 101-647, Title XIX, Section 1901, Nov. 29, 1990, 104 Stat. 4851, provided that: "This Act [enacting sections 802(41), 812 (c) Schedule III(e), and 333(e) of this title and section 290aa-6(b)(12) of Title 42, The Public Health and Welfare, amending section 844 of this title, repealing section 333a of this title and enacting provisions set out as notes under sections 802 and 829 of this title] may be cited as the 'Anabolic Steroids Control Act of 1990'."
Short Title of 1988 Amendment.
Pub.L. 100-690, Title VI, Section 6001, Nov. 18, 1988, 102 Stat. 4312, provided that: "This title [enacting sections 844a, 858, 881-1, 887, 972, and 1509 of this title, section 559g of Title 16, Conservation, sections 930, 1864, 3117, and 3508 of Title 18, Crimes and Criminal Procedure, section 530A of Title 28, Judiciary and Judicial Procedure, sections 5325 and 5326 of Title 31, Money and Finance, and sections 3741, 3742, 3750 to 3758, 3760 to 3764, 3766 to 3766b, 3796h, and 3796a-1 of Title 42, The Public Health and Welfare, amending sections 802, 813, 830, 841, 842, 843, 844, 845, 845a, 845b, 846, 848, 857, 872, 876, 881, 886, 960, 961, and 963 of this title, sections 1730d, 1829b, 1953, 1955, 3403, 3412, 3413, 3417, and 3420 of Title 12, Banks and Banking, section 1245 of Title 15, Commerce and Trade, sections 1 note, 559, and 559e of Title 16, sections 13, 111, 112, 115, 341, 342, 343, 842, 844, 924, 981, 1791, 1855, 1956, 1957, 2516, 3061, 3161, 3565, 4255 note, 5001, and 5032 of Title 18, section 1594 of Title 19, Customs Duties, section 524 of Title 28, sections 5312, 5318, and 5321 of Title 31, section 2003 of Title 39, Postal Service, sections 1396c, 3732, 3791, 3793, 3796, and 3796b of Title 42, The Public Health and Welfare, and section 782 of the Appendix to Title 49, Transportation, and enacting provisions set out as notes under this section and sections 802, 881, and 972 of this title, sections 5315 and 5541 of Title 5, Government Organization and Employees, sections 1 and 559b of Title 16, sections 981, 982, and 4352 of Title 18, section 994 of Title 28, section 3796 of Title 42, and section 2 of Title 43, Public Lands] may be cited as the 'Anti-Drug Abuse Amendments Act of 1988'." Pub.L. 100-690, Title VI, Section 6071, Nov. 18, 1988, 102 Stat. 4320, provided that: "This subtitle [enacting sections 887 and 1509 of this title, amending section 881 of this title, section 1594 of Title 19, Customs Duties, section 524 of Title 28, Judiciary and Judicial Procedure, and section 782 of the Appendix to Title 49, Transportation, and enacting provisions set out as a note under section 881 of this title] may be cited as the 'Asset Forfeiture Amendments Act of 1988'."
Pub.L. 100-690, Title VI, Section 6051, Nov. 18, 1988, 102 Stat. 4312, provided that: "This subtitle [enacting section 972 of this title, amending sections 802, 830, 841, 842, 843, 872, 876, 881, 960, and 961 of this title, and enacting provisions set out as notes under sections 802 and 972 of this title] may be cited as the 'Chemical Diversion and Trafficking Act of 1988'."
Short Title of 1986 Amendments.
Pub.L. 99-570, Section 1, Oct. 27, 1986, 100 Stat. 3207, provided that: "This Act [see Tables volume for classification] may be cited as the 'Anti-Drug Abuse Act of 1986'."
Pub.L. 99-570, Title I, Subtitle A, Section 1001, Oct. 27, 1986, 100 Stat. 3207-2, provided that: "This subtitle [amending sections 802, 841, 845, 848, 881 and 960 of this title, sections 3553 and 3583 of Title 18, Crimes and Criminal Procedure, and rule 35 of Title 18, Federal Rules of Criminal Procedure, and section 994 of Title 28, Judiciary and Judicial Procedure, and enacting provisions set out as notes under section 841 of this title and sections 3553 and 3583 of Title 18, and rule 35 of Title 18, Federal Rules of Criminal Procedure] may be cited as the 'Narcotics Penalties and Enforcement Act of 1986'."
Pub.L. 99-570, Title I, Subtitle B, Section 1051, Oct. 27, 1986, 100 Stat. 3207-8, provided that: "This subtitle [amending section 844 of this title] may be cited as the 'Drug Possession Penalty Act of 1986'."
Pub.L. 99-570, Title I, Subtitle C, Section 1101, Oct. 27, 1986, 100 Stat. 3207-10, provided that: "This subtitle [enacting section 845b of this title and amending sections 841, 845 and 845a of this title] may be cited as the 'Juvenile Drug Trafficking Act of 1986'."
Pub.L. 99-570, Title I, Subtitle E, Section 1201, Oct. 27, 1986, 100 Stat. 3207-13, provided that: "This subtitle [enacting section 813 of this title, and amending section 802 of this title] may be cited as the 'Controlled Substance Analogue Enforcement Act of 1986'."
Pub.L. 99-570, Title I, Subtitle F, Section 1251, Oct. 27, 1986, 100 Stat. 3207-14, provided that: "This subtitle [amending section 848 of this title] may be cited as the 'Continuing Drug Enterprises Act of 1986'."
Pub.L. 99-570, Title I, Subtitle G, Section 1301, Oct. 27, 1986, 100 Stat. 3207-15, provided that: "This subtitle [amending section 960 of this title] may be cited as the 'Controlled Substances Import and Export Penalties Enhancement Act of 1986'."
Pub.L. 99-570, Title I, Subtitle O, Section 1821, Oct. 27, 1986, 100 Stat. 3207-51, which had provided that: "This subtitle [enacting section 857 of this title and note thereunder] may be cited as the 'Mail Order Drug Paraphernalia Control Act'.", was repealed by Pub.L. 101-647, Title XXIV, Section 2401(d), Nov. 29, 1990, 104 Stat. 4859.
Pub.L. 99-570, Title I, Section 1991, Oct. 27, 1986, 100 Stat. 3207-59, provided that: "This subtitle [amending section 881 of this title] may be cited as the 'Federal Drug Law Enforcement Agent Protection Act of 1986'."
Short Title of 1984 Amendment.
Pub.L. 98-473, Title II, Section 501, Oct. 12, 1984, 98 Stat. 2068, provided that: "This chapter [chapter V, Sections 501 to 525 of Pub.L. 98-473, enacting section 845a of this title, amending sections 802, 811, 812, 822, 823, 824, 827, 841, 843, 845, 873, 881, 952, 953, 957, 958, 960, and 962 of this title, and enacting provisions set out as a note under this section] may be cited as the 'Controlled Substances Penalties Amendments Act of 1984'."
Pub.L. 98-473, Title II, Section 506(a), Oct. 12, 1984, 98 Stat. 2070, provided that: "This part [Part B of Chapter V, Sections 506 to 525, amending sections 802, 811, 812, 822, 823, 824, 827, 843, 873, 881, 952, 953, 957, and 958 of this title] may be cited as the 'Dangerous Drug Diversion Control Act of 1984'."
Short Title of 1978 Amendment
Pub. L. 95-633, Sec. 1, Nov. 10, 1978, 92 Stat. 3768, provided: "That this Act [enacting sections 801a, 830, and 852 of this title, amending sections 352, 802, 811, 812, 823, 827, 841 to 843, 872, 881, 952, 953, and 965 of this title and section 242a of Title 42, The Public Health and Welfare, repealing section 830 of this title (effective Jan. 1, 1981), and enacting provisions set out as notes under sections 801a, 812, and 830 of this title] may be cited as the 'Psychotropic SubstancesAct of 1978'.''
Short Title of 1974 Amendment
Pub. L. 93-281, Sec. 1, May 14, 1974, 88 Stat. 124, provided: "That this Act [amending sections 802, 823, 824, and 827 of this title] may be cited as the 'Narcotic Addict Treatment Act of 1974'.''
Short Title
Pub. L. 91-513, in the provisions preceding section 1 immediately following the enacting clause, provided: "That this Act [enacting this chapter and sections 257a, 2688l-1, 2688n-1, and 3509 of Title 42, The Public Health and Welfare, amending sections 162, 198a, 321, 331, 333, 334, 360, 372, and 381 of this title, sections 1114, 1952, and 4251 of Title 18, Crimes and Criminal Procedure, sections 1584, 2078, 2079, and 2080 of Title 19, Customs Duties, sections 4901, 4905, 6808, 7012, 7103, 7326, 7607, 7609, 7641, 7651, and 7655 of Title 26, Internal Revenue Code, section 2901 of Title 28, Judiciary and Judicial Procedure, section 304m of Title 40, Public Buildings, Property, and Works, sections 201, 225a, 242, 242a, 246, 257, 258, 259, 260, 261, 261a, 2688k, 2688l, 2688m, 2688n, 2688o, 2688r, and 3411 of Title 42, The Public Health and Welfare, section 239a of former Title 46, Shipping, and section 787 of Title 49, Appendix, Transportation, repealing sections 171 to 174, 176 to 185, 188 to 188n, 191 to 193, 197, 198, 199, 360a, and 501 to 517 of this title, sections 1401 to 1407 and 3616 of Title 18, sections 4701 to 4707, 4711 to 4716, 4721 to 4726, 4731 to 4736, 4741 to 4746, 4751 to 4757, 4761, 4762, 4771 to 4776, 7237, 7238, and 7491 of Title 26, sections 529a and 529g of former Title 31, Money and Finance, and section 1421m of Title 48, Territories and Insular Possessions, and enacting provisions set out as notes under this section and sections 171, 321, 822, 951, and 957 of this title] may be cited as the 'Comprehensive Drug Abuse Prevention and Control Act of 1970'.''
Section 100 of title II of Pub. L. 91-513 provided that: "This title [enacting this subchapter, repealing section 360a of this title, amending sections 321, 331, 333, 334, 360, 372, and 381 of this title, sections 1114 and 1952 of Title 18, Crimes and Criminal Procedure, and section 242 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under this section and sections 321 and 822 of this title] may be cited as the 'Controlled Substances Act'.''
For short title and complete classification of title III of Pub. L. 91-513, which enacted subchapter II of this chapter, as the "Controlled Substances Import and Export Act'', see section 1000 of Pub. L. 91-513, set out as a note under section 951 of this title.
Severability
Pub. L. 106-310, div. B, title XXXVI, Sec. 3673, Oct. 17, 2000, 114 Stat. 1246, provided that: "Any provision of this title [see Short Title of 2000 Amendments note above] held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed as to give the maximum effect permitted by law, unless such provision is held to be utterly invalid or unenforceable, in which event such provision shall be severed from this title and shall not affect the applicability of the remainder of this title, or of such provision, to other persons not similarly situated or to other, dissimilar circumstances.''
Continuation of Orders, Rules, and Regulations
Section 705 of title II of Pub. L. 91-513 provided that: "Any orders, rules, and regulations which have been promulgated under any law affected by this title [see Short Title note above] and which are in effect on the day preceding enactment of this title [Oct. 27, 1970] shall continue in effect until modified, superseded, or repealed.''
Anti-drug Message on Internet Sites
Pub. L. 106-391, title III, Sec. 320, Oct. 30, 2000, 114 Stat. 1597, provided that: "Not later than 90 days after the date of the enactment of this Act [Oct. 30, 2000], the Administrator [of the National Aeronautics and Space Administration], in consultation with the Director of the Office of National Drug Control Policy, shall place anti-drug messages on Internet sites controlled by the National Aeronautics and Space Administration.''
Anti-Drug Messages on Federal Government Internet Sites
Pub. L. 106-310, div. B, title XXXVI, Sec. 3671, Oct. 17, 2000, 114 Stat. 1245, provided that: "Not later than 90 days after the date of the enactment of this Act [Oct. 17, 2000], the head of each department, agency, and establishment of the Federal Government shall, in consultation with the Director of the Office of National Drug Control Policy, place antidrug messages on appropriate Internet websites controlled by such department, agency, or establishment which messages shall, where appropriate, contain an electronic hyperlink to the Internet website, if any, of the Office.''
DEVELOPMENT OF MODEL PROTOCOLS, TRAINING MATERIALS, FORENSIC FIELD TESTS, AND COORDINATION MECHANISM FOR INVESTIGATIONS AND PROSECUTIONS RELATING TO GAMMA HYDROXYBUTYRIC ACID, OTHER CONTROLLED SUBSTANCES, AND DESIGNER DRUGS.
Pub. L. 106-172, Secs. 6, 7, Feb. 18, 2000, 114 Stat. 11, provided that:
"(a) In General.--The Attorney General, in consultation with the Administrator of the Drug Enforcement Administration and the Director of the Federal Bureau of Investigation, shall--
"(1) develop--
"(A) model protocols for the collection of toxicology specimens and the taking of victim statements in connection with investigations into and prosecutions related to possible violations of the Controlled Substances Act [21 U.S.C. 801 et seq.] or other Federal or State laws that result in or contribute to rape, other crimes of violence, or other crimes involving abuse of gamma hydroxybutyric acid, other controlled substances, or so-called 'designer drugs'; and
"(B) model training materials for law enforcement personnel involved in such investigations; and
"(2) make such protocols and training materials available to Federal, State, and local personnel responsible for such investigations.
"(b) Grant.--
"(1) In general.--The Attorney General shall make a grant, in such amount and to such public or private person or entity as the Attorney General considers appropriate, for the development of forensic field tests to assist law enforcement officials in detecting the presence of gamma hydroxybutyric acid and related substances.
"(2) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this subsection.
"(c) Report.--Not later than 180 days after the date of the enactment of this Act [Feb. 18, 2000], the Attorney General shall submit to the Committees on the Judiciary of the Senate and House of Representatives a report on current mechanisms for coordinating Federal, State, and local investigations into and prosecutions related to possible violations of the Controlled Substances Act [21 U.S.C. 801 et seq.] or other Federal or State laws that result in or contribute to rape, other crimes of violence, or other crimes involving the abuse of gamma hydroxybutyric acid, other controlled substances, or so-called 'designer drugs'. The report shall also include recommendations for the improvement of such mechanisms.
Annual Report Regarding Date-Rape Drugs; National Awareness Campaign.
"(a) Annual Report.--The Secretary of Health and Human Services (in this section referred to as the 'Secretary') shall periodically submit to Congress reports each of which provides an estimate of the number of incidents of the abuse of date-rape drugs (as defined in subsection (c)) that occurred during the most recent 1-year period for which data are available. The first such report shall be submitted not later than January 15, 2000, and subsequent reports shall be submitted annually thereafter.
"(b) National Awareness Campaign.--
"(1) Development of plan; recommendations of advisory committee.--
"(A) In general.--The Secretary, in consultation with the Attorney General, shall develop a plan for carrying out a national campaign to educate individuals described in subparagraph (B) on the following:
"(i) The dangers of date-rape drugs.
"(ii) The applicability of the Controlled Substances Act [21 U.S.C. 801 et seq.] to such drugs, including penalties under such Act.
"(iii) Recognizing the symptoms that indicate an individual may be a victim of such drugs, including symptoms with respect to sexual assault.
"(iv) Appropriately responding when an individual has such symptoms.
"(B) Intended population.--The individuals referred to in subparagraph (A) are young adults, youths, law enforcement personnel, educators, school nurses, counselors of rape victims, and emergency room personnel in hospitals.
"(C) Advisory committee.--Not later than 180 days after the date of the enactment of this Act [Feb. 18, 2000], the Secretary shall establish an advisory committee to make recommendations to the Secretary regarding the plan under subparagraph (A). The committee shall be composed of individuals who collectively possess expertise on the effects of date-rape drugs and on detecting and controlling the drugs.
"(2) Implementation of plan.--Not later than 180 days after the date on which the advisory committee under paragraph (1) is established, the Secretary, in consultation with the Attorney General, shall commence carrying out the national campaign under such paragraph in accordance with the plan developed under such paragraph. The campaign may be carried out directly by the Secretary and through grants and contracts.
"(3) Evaluation by general accounting office.--Not later than 2 years after the date on which the national campaign under paragraph (1) is commenced, the Comptroller General of the United States shall submit to Congress an evaluation of the effects with respect to date-rape drugs of the national campaign.
"(c) Definition.--For purposes of this section, the term 'date-rape drugs' means gamma hydroxybutyric acid and its salts, isomers, and salts of isomers and such other drugs or substances as the Secretary, after consultation with the Attorney General, determines to be appropriate.''
Congressional Findings Regarding Methamphetamine Manufacture and Abuse
Pub.L. 104-237, Section 2, Oct. 3, 1996, 110 Stat. 3100, provided that: "The Congress finds the following:
(1) Methamphetamine is a very dangerous and harmful drug. It is highly addictive and is associated with permanent brain damage in long-term users.
(2) The abuse of methamphetamine has increased dramatically since 1990. This increased use has led to devastating effects on individuals and the community, including--
(A) a dramatic increase in deaths associated with methamphetamine ingestion;
(B) an increase in the number of violent crimes associated with methamphetamine ingestion; and
(C) an increase in criminal activity associated with the illegal importation of methamphetamine and precursor compounds to support the growing appetite for this drug in the United States.
(3) Illegal methamphetamine manufacture and abuse presents an imminent public health threat that warrants aggressive law enforcement action, increased research on methamphetamine and other substance abuse, increased coordinated efforts to prevent methamphetamine abuse, and increased monitoring of the public health threat methamphetamine presents to the communities of the United States."
Support for International Efforts to Control Methamphetamine and Precursor Chemicals
Pub.L. 104-237, Section 2, Oct. 3, 1996, 110 Stat. 3100, provided that: "The Attorney General, in consultation with the Secretary of State, shall coordinate international drug enforcement efforts to decrease the movement of methamphetamine and methamphetamine precursors into the United States."
Interagency Methamphetamine Task Force
Pub.L. 104-237, Title I, Section 501, Oct. 3, 1996, 110 Stat. 3111, provided that:
(a) Establishment.--There is established a "Methamphetamine Interagency Task Force'' (referred to as the "interagency task force'') which shall consist of the following members:
(1) The Attorney General, or a designee, who shall serve as chair.
(2) 2 representatives selected by the Attorney General.
(3) The Secretary of Education or a designee.
(4) The Secretary of Health and Human Services or a designee.
(5) 2 representatives of State and local law enforcement and regulatory agencies, to be selected by the Attorney General.
(6) 2 representatives selected by the Secretary of Health and Human Services.
(7) 5 nongovernmental experts in drug abuse prevention and treatment to be selected by the Attorney General.
(b) Responsibilities.--The interagency task force shall be responsible for designing, implementing, and evaluating the education and prevention and treatment practices and strategies of the Federal Government with respect to methamphetamine and other synthetic stimulants.
(c) Meetings.--The interagency task force shall meet at least once every 6 months.
(d) Funding.--The administrative expenses of the interagency task force shall be paid out of existing Department of Justice appropriations.
(e) FACA.--The <<NOTE: Applicability.>> Federal Advisory Committee Act (5 U.S.C. App. 2) shall apply to the interagency task force.
(f) Termination.--The interagency task force shall terminate 4 years after the date of enactment of this Act.
Suspicious Orders Task Force
Pub.L. 104-237, Title V, Section 504, Oct. 3, 1996, 110 Stat. 3112, provided that:
(a) In General.--The Attorney General shall establish a 'Suspicious Orders Task Force' (the 'Task Force') which shall consist of--
(1) appropriate personnel from the Drug Enforcement Administration (the "DEA'') and other Federal, State, and local law enforcement and regulatory agencies with the experience in investigating and prosecuting illegal transactions of listed chemicals and supplies; and
(2) representatives from the chemical and pharmaceutical industry.
(b) Responsibilities.--The Task Force shall be responsible for developing proposals to define suspicious orders of listed chemicals, and particularly to develop quantifiable parameters which can be used by registrants in determining if an order is a suspicious order which must be reported to DEA. The quantifiable parameters to be addressed will include frequency of orders, deviations from prior orders, and size of orders. The Task Force shall also recommend provisions as to what types of payment practices or unusual business practices shall constitute prima facie suspicious orders. In evaluating the proposals, the Task Force shall consider effectiveness, cost and feasibility for industry and government, and other relevant factors.
(c) Meetings.--The Task Force shall meet at least two times per year and at such other times as may be determined necessary by the Task Force.
(d) Report.--The Task Force shall present a report to the Attorney General on its proposals with regard to suspicious orders and the electronic reporting of suspicious orders within one year of the date of enactment of this Act. Copies of the report shall be forwarded to the Committees of the Senate and House of Representatives having jurisdiction over the regulation of listed chemical and controlled substances.
(e) Funding.--The administrative expenses of the Task Force shall be paid out of existing Department of Justice funds or appropriations.
(f) FACA.--The Federal Advisory Committee Act (5 U.S.C. App. 2) shall apply to the Task Force.
(g) Termination.--The Task Force shall terminate upon presentation of its report to the Attorney General, or two years after the date of enactment of this Act, whichever is sooner.
Joint Federal Task Force on Illegal Drug Laboratories.
Pub.L. 100-690, Title II, Section 2405, Nov. 18, 1988, 102 Stat. 4231, provided that:
"(a) Establishment of Task Force. There is established the Joint Federal Task Force on Illegal Drug Laboratories (hereafter in this section referred to as the 'Task Force').
"(b) Appointment and Membership of Task Force. The members of the Task Force shall be appointed by the Administrators of the Environmental Protection Agency and the Drug Enforcement Administration (hereafter in this section referred to as the 'Administrators'). The Task Force shall consist of at least 6 and not more than 20 members. Each Administrator shall appoint one-half of the members as follows: (1) the Administrator of the Environmental Protection Agency shall appoint members from among Emergency Response Technicians and other appropriate employees of the Agency; and (2) the Administrator of the Drug Enforcement Administration shall appoint members from among Special Agents assigned to field divisions and other appropriate employees of the Administration.
"(c) Duties of Task Force. The Task Force shall formulate, establish, and implement a program for the cleanup and disposal of hazardous waste produced by illegal drug laboratories. In formulating such program, the Task Force shall consider the following factors:
"(1) The volume of hazardous waste produced by illegal drug laboratories.
"(2) The cost of cleaning up and disposing of hazardous waste produced by illegal drug laboratories.
"(3) The effectiveness of the various methods of cleaning up and disposing of hazardous waste produced by illegal drug laboratories.
"(4) The coordination of the efforts of the Environmental Protection Agency and the Drug Enforcement Administration in cleaning up and disposing of hazardous waste produced by illegal drug laboratories.
"(5) The dissemination of information to law enforcement agencies that have responsibility for enforcement of drug laws.
"(d) Guidelines. The Task Force shall recommend to the Administrators guidelines for cleanup of illegal drug laboratories to protect the public health and environment. Not later than 180 days after the date of the enactment of this subtitle [Nov. 18, 1988], the Administrators shall formulate and publish such guidelines.
"(e) Demonstration projects. --
"(1) The Attorney General shall make grants to, and enter into contracts with, State and local governments for demonstration projects to clean up and safely dispose of substances associated with illegal drug laboratories which may present a danger to public health or the environment.
"(2) The Attorney General may not under this subsection make a grant or enter into a contract unless the applicant for such assistance agrees to comply with the guidelines issued pursuant to subsection (d).
"(3) The Attorney General shall, through grant or contract, provide for independent evaluations of the activities carried out pursuant to this subsection and shall recommend appropriate legislation to the Congress.
"(f) Funding. Of the amounts made available to carry out the Controlled Substances Act [21 U.S.C.A. Section 801 et seq.] for fiscal year 1989, not less than $5,000,000 shall be made available to carry out subsections (d) and (e).
"(g) Reports. After consultation with the Task Force, the Administrators shall --
"(1) transmit to the President and to each House of Congress not later than 270 days after the date of the enactment of this subtitle [Nov. 18, 1988] a report describing the program established by the Task Force under subsection (c) (including an analysis of the factors specified in paragraphs (1) through (5) of that subsection);
"(2) periodically transmit to the President and to each House of Congress reports describing the implementation of the program established by the Task Force under subsection (c) (including an analysis of the factors specified in paragraphs (1) through (5) of that subsection) and the progress made in the cleanup and disposal of hazardous waste produced by illegal drug laboratories; and
"(3) transmit to each House of Congress a report describing the findings made as a result of the evaluations referred to in subsection (e)(3)."
Great Lakes Drug Interdiction.
Pub.L. 100-690, Title VII, Section 7404, Nov. 18, 1988, 102 Stat. 4484, provided that:
"(a) Interagency agreement. The Secretary of Transportation and the Secretary of the Treasury shall enter into an agreement for the purpose of increasing the effectiveness of maritime drug interdiction activities of the Coast Guard and the Customs Service in the Great Lakes area.
"(b) Negotiations with Canada on drug enforcement cooperation. The Secretary of State is encouraged to enter into negotiations with appropriate officials of the Government of Canada for the purpose of establishing an agreement between the United States and Canada which provides for increased cooperation and sharing of information between United States and Canadian law enforcement officials with respect to law enforcement efforts conducted on the Great Lakes between the United States and Canada."
GAO Study of Capabilities of United States to Control Drug Smuggling into United States.
Pub.L. 100-180, Div. A, Title XII, Dec. 4, 1987, 101 Stat. 1162, provided that:
"(a) Study requirement. -- The Comptroller General of the United States shall conduct a comprehensive study regarding smuggling of illegal drugs into the United States and the current capabilities of the United States to deter such smuggling. In carrying out such study, the Comptroller General shall --
"(1) assess the national security implications of the smuggling of illegal drugs into the United States;
"(2) assess the magnitude, nature, and operational impact that current resource limitations have on the drug smuggling interdiction efforts of Federal law enforcement agencies and the capability of the Department of Defense to respond to requests for assistance from those law enforcement agencies;
"(3) assess the effect on military readiness, the costs that would be incurred, the operational effects on military and civilian agencies, the potential for improving drug interdiction operations, and the methods for implementing increased drug law enforcement assistance by the Department of Defense under section 825 of H.R. 1748 as passed the House of Representatives on May 20, 1987, as if such section were enacted into law and were to become effective on January 1, 1988;
"(4) assess results of a cooperative drug enforcement operation between the United States Customs Service and National Guard units from the States of Arizona, Utah, Missouri, and Wisconsin conducted along the United States-Mexico border beginning on August 29, 1987, and include in the assessment information relating to the cost of conducting the operation, the personnel and equipment used in such operation, the command and control relationships in such operation, and the legal issues involved in such operation;
"(5) determine whether giving the Armed Forces a more direct, active role in drug interdiction activities would enhance the morale and readiness of the Armed Forces;
"(6) determine what assets are currently available to and under consideration for the Department of Defense, the Department of Transportation, the Department of Justice, and the Department of the Treasury for the detection of airborne drug smugglers;
"(7) assess the current plan of the Customs Service for the coordinated use of such assets;
"(8) determine the cost effectiveness and the capability of the Customs Service to use effectively the information generated by the systems employed by or planned for the Department of Defense, the Coast Guard, and the Customs Service, respectively, to detect airborne drug smugglers;
"(9) determine the availability of current and anticipated tracking, pursuit, and apprehension resources to use the capabilities of such systems; and
"(10) at a minimum, assess the detection capabilities of the Over-the-Horizon Back scatter radar (OTH-B), ROTHR, aerostats, airships, and the E-3A, E-2C, P-3, and P-3 Airborne Early Warning aircraft (including any variant of the P-3 Airborne Early Warning aircraft).
"(b) Reports. -- (1) Not later than April 30, 1988, the Comptroller General shall, as provided in paragraph (3), submit a report on the results of the study required by subsection (a) with respect to the elements of the study specified in paragraphs (1) through (5) of that subsection.
"(2) As soon as practicable after the report under paragraph (1) is submitted, and not later than March 31, 1989, the Comptroller General shall, as provided in paragraph (3), submit a report on the results of the study required by subsection (a) with respect to the elements of the study specified in paragraphs (6) through (10) of that subsection.
"(3) The reports under paragraphs (1) and (2) shall be submitted to --
"(A) the Committees on Armed Services, the Judiciary, Foreign Relations, and Appropriations of the Senate;
"(B) the Committees on Armed Services, the Judiciary, Foreign Affairs, and Appropriations of the House of Representatives;
"(C) the members of the Senate Caucus on International Narcotics Control; and
"(D) the Select Committee on Narcotics Abuse and Control of the House of Representatives.
"(4) The reports under this subsection shall be submitted in both classified and unclassified forms and shall include such comments and recommendations as the Comptroller General considers appropriate."
Compliance With Budget Act.
Pub.L. 99-570, Section 3, Oct. 27, 1986, 100 Stat. 3207-1, provided that: "Notwithstanding any other provision of this Act [see Tables volume], any spending authority and any credit authority provided under this Act shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts. For purposes of this Act, the term 'spending authority' has the meaning provided in section 401(c)(2) of the Congressional Budget Act of 1974 [2 U.S.C.A. Section 651(c)(2)] and the term 'credit authority' has the meaning provided in section 3(10) of the Congressional Budget Act of 1974 [2 U.S.C.A. Section 622(10)]."
Drug Interdiction.
Pub.L. 99-570, Title III, Sections 3001 to 3003, 3301, Oct. 27, 1986, 100 Stat. 3207-73, 3207-74, 3207-98, as amended Pub.L 104-66, Title I, § 1091(a), Dec. 21 1995, 109 Stat. 722, provided that:
"Sec. 3001. Short title
This title [enacting section 379 of Title 10, Armed Forces, sections 1590, 1628, 1629, and 2081 of Title 19, Customs Duties, and section 312a of Title 47, Telegraphs, Telephones, and Radiotelegraphs, amending section 959 of this title, sections 374 and 911 of Title 10, sections 507, 1401, 1433, 1436, 1454, 1459, 1497, 1509, 1584, 1585, 1586, 1594, 1595, 1595a, 1613, 1613b, 1619, and 1622 of Title 19, section 5316 of Title 31, Money and Finance, sections 1901, 1902, 1903, 1904, and 12109 of Title 46, Shipping, and sections 1401, 1472, 1474, and 1509 of Title 49, Transportation, repealing section 1460 of Title 19, enacting provisions set out as notes under this section, sections 371, 374, 525, and 9441 of Title 10, sections 1613b and 1654 of Title 19, section 403 of Title 23, Highways, section 1901 of Title 46, and sections 1509 and 11344 of Title 49, and repealing a provision set out as a note under section 89 of Title 14, Coast Guard] may be cited as the 'National Drug Interdiction Improvement Act of 1986'."
"Sec. 3002. Findings
"The Congress hereby finds that --
"(1) a balanced, coordinated, multifaceted strategy for combating the growing drug abuse and drug trafficking problem in the United States is essential in order to stop the flow and abuse of drugs within our borders;
"(2) a balanced, coordinated, multifaceted strategy for combating the narcotics drug abuse and trafficking in the United States should include --
"(A) increased investigations of large networks of drug smuggler organizations;
"(B) source country drug eradication;
"(C) increased emphasis on stopping narcotics traffickers in countries through which drugs are transshipped;
"(D) increased emphasis on drug education programs in the schools and workplace;
"(E) increased Federal Government assistance to State and local agencies, civic groups, school systems, and officials in their efforts to combat the drug abuse and trafficking problem at the local level; and
"(F) increased emphasis on the interdiction of drugs and drug smugglers at the borders of the United States, in the air, at sea, and on the land;
"(3) funds to support the interdiction of narcotics smugglers who threaten the transport of drugs through the air, on the sea, and across the land borders of the United States should be emphasized in the Federal Government budget process to the same extent as the other elements of a comprehensive antidrug effort are emphasized;
"(4) the Department of Defense and the use of its resources should be an integral part of a comprehensive, national [sic] drug interdiction program;
"(5) the Federal Government civilian agencies engaged in drug interdiction, particularly the United States Customs Service and the Coast Guard, currently lack the aircraft, ships, radar, command, control, communications, and intelligence (C3I) system, and manpower resources necessary to mount a comprehensive attack on the narcotics traffickers who threaten the United States;
"(6) the civilian drug interdiction agencies of the United States are currently interdicting only a small percentage of the illegal, drug smuggler penetrations in the United States every year;
"(7) the budgets for our civilian drug interdiction agencies, primarily the United States Customs Service and the Coast Guard, have not kept pace with those of the traditional investigative law enforcement agencies of the Department of Justice; and
"(8) since the amendment of the Posse Comitatus Act (18 U.S.C. 1385) [section 1385 of Title 18, Crimes and Criminal Procedure] in 1981, the Department of Defense has assisted in the effort to interdict drugs, but they can do more.
"Sec. 3003. Purposes
"It is the purpose of this title --
"(1) to increase the level of funding and resources available to civilian drug interdiction agencies of the Federal Government;
"(2) to increase the level of support from the Department of Defense as consistent with the Posse Comitatus Act [section 1385 of Title 18, Crimes and Criminal Procedure], for interdiction of the narcotics traffickers before such traffickers penetrate the borders of the United States; and
"(3) to improve other drug interdiction programs of the Federal Government."
"Sec. 3301. Establishment of United States-Bahamas Drug Interdiction Task Force
"(a) Authorization of Appropriations. --
"(1) Establishment of United States-Bahamas Drug Interdiction Task Force. -- (A) There is authorized to be established a United States-Bahamas Drug Interdiction Task Force to be operated jointly by the United States Government and the Government of the Bahamas.
"(B) The Secretary of State, the Commandant of the Coast Guard, the Commissioner of Customs, the Attorney General, and the head of the National Narcotics Border Interdiction System (NNBIS), shall upon enactment of this Act [Oct. 27, 1986], immediately commence negotiations with the Government of the Bahamas to enter into a detailed agreement for the establishment and operation of a new drug interdiction task force, including plans for (I) the joint operation and maintenance of any drug interdiction assets authorized for the task force in this section and section 3141 [not classified to the Code], and (ii) any training and personnel enhancements authorized in this section and section 3141 [not classified to the Code].
"(C) The Attorney General shall report to the appropriate committees of Congress on a quarterly basis regarding the progress of the United States-Bahamas Drug Interdiction Task Force.
"(2) Amounts authorized. -- There are authorized to be appropriated, in addition to any other amounts authorized to be appropriated in this title, $10,000,000 for the following:
"(A) $9,000,000 for 3 drug interdiction pursuit helicopters for use primarily for operations of the United States-Bahamas Drug Interdiction Task Force established under this section; and
"(B) $1,000,000 to enhance communications capabilities for the operation of a United States-Bahamas Drug Interdiction Task Force established under this section.
"(3) Coast Guard-Bahamas drug interdiction docking facility. -- (A) There is authorized to be appropriated for acquisition, construction, and improvements for the Coast Guard for fiscal year 1987, $5,000,000, to be used for initial design engineering, and other activities for construction of a drug interdiction docking facility in the Bahamas to facilitate Coast Guard and Bahamian drug interdiction operations in and through the Bahama Islands. Of the amounts authorized to be appropriated in this subsection, such sums as may be necessary shall be available for necessary communication and air support.
"(B) The Commandant of the Coast Guard shall use such amounts appropriated pursuant to the authorization in this paragraph as may be necessary to establish a repair, maintenance, and boat lift facility to provide repair and maintenance services for both Coast Guard and Bahamian marine drug interdiction equipment, vessels, and related assets.
"(b) Concurrence by Secretary of State. -- Programs authorized by this section may be carried out only with the concurrence of the Secretary of State."
Health Insurance Coverage for Drug and Alcohol Treatment.
Pub.L. 99-570, Title VI, Section 6006, Oct. 27, 1986, 100 Stat. 3207-160, provided:
"(a) Findings. -- The Congress finds that --
"(1) drug and alcohol abuse are problems of grave concern and consequence in American society;
"(2) over 500,000 individuals are known heroin addicts; 5 million individuals use cocaine; and at least 7 million individuals regularly use prescription drugs, mostly addictive ones, without medical supervision;
"(3) 10 million adults and 3 million children and adolescents abuse alcohol, and an additional 30 to 40 million people are adversely affected because of close family ties to alcoholics;
"(4) the total cost of drug abuse to the Nation in 1983 was over $60,000,000,000; and
"(5) the vast majority of health benefits plans provide only limited coverage for treatment of drug and alcohol addiction, which is a fact that can discourage the abuser from seeking treatment or, if the abuser does seek treatment, can cause the abuser to face significant out of pocket expenses for the treatment.
"(b) Sense of Congress. -- It is the sense of Congress that --
"(1) all employers providing health insurance policies should ensure that the policies provide adequate coverage for treatment of drug and alcohol addiction in recognition that the health consequences and costs for individuals and society can be as formidable as those resulting from other diseases and illnesses for which insurance coverage is much more adequate; and
"(2) State insurance commissioners should encourage employers providing health benefits plans to ensure that the policies provide more adequate coverage for treatment of drug and alcohol addiction."
Information on Drug Abuse at the Workplace.
Pub.L. 99-570, Title IV, Section 4303, Oct. 27, 1986, 100 Stat. 3207-154, provided that:
"(a) The Secretary of Labor shall collect such information as is available on the incidence of drug abuse in the workplace and efforts to assist workers, including counseling, rehabilitation and employee assistance programs. The Secretary shall conduct such additional research as is necessary to assess the impact and extent of drug abuse and remediation efforts. The Secretary shall submit the findings of such collection and research to the House Committee on Education and Labor and the Senate Committee on Labor and Human Services no later than two years from the date of enactment of this Act [Oct. 27, 1986].
"(b) There is authorized to be appropriated the aggregate sum of $3,000,000 for fiscal years 1987 and 1988, to remain available until expended, to enable the Secretary of Labor to carry out the purposes of this section."
Coordination of Interagency Drug Abuse Prevention Activities.
Pub.L. 99-570, Title IV, Section 4304, Oct. 27, 1986, 100 Stat. 3207-154, provided that:
"(a) The Secretary of Education, the Secretary of Health and Human Services, and the Secretary of Labor shall each designate an officer or employee of the Departments of Education, Health and Human Services, and Labor, respectively, to coordinate interagency drug abuse prevention activities to prevent duplication of effort.
"(b) Within one year after enactment of this Act [Oct. 27, 1986], a report shall be jointly submitted to the Congress by such Secretaries concerning the extent to which States and localities have been able to implement non-duplicative drug abuse prevention activities."
Substance Abuse Insurance Coverage Study.
Pub.L. 99-570, Title VI, Section 6005, Oct. 27, 1986, 100 Stat. 3207-160, as amended Pub.L. 100-690, Title II, Section 2058(c), Nov. 18, 1988, 102 Stat. 4213, provided:
"(a) Study. -- The Secretary of Health and Human Services shall contract with the Institute of Medicine of the National Academy of Sciences to conduct a study of (1) the extent to which the cost of drug abuse treatment is covered by private insurance, public programs, and other sources of payment, and (2) the adequacy of such coverage for the rehabilitation of drug abusers.
"(b) Report. -- Not later than 18 months after the execution of the contract referred to in subsection (a), the Secretary of Health and Human Services shall transmit to the Congress a report of the results of the study conducted under subsection (a). The report shall include recommendations of means to meet the needs identified in such study."
Executive Order No. 11727
July 6, 1973, 38 F.R. 18357
DRUG LAW ENFORCEMENT
Reorganization Plan No. 2 of 1973 [set out in the Appendix to Title 5, Government Organization and Employees], which becomes effective on July 1, 1973, among other things establishes a Drug Enforcement Administration in the Department of Justice. In my message to the Congress transmitting that plan, I stated that all functions of the Office for Drug Abuse Law Enforcement (established pursuant to Executive Order No. 11641 of January 28, 1972) and the Office of National Narcotics Intelligence (established pursuant to Executive Order No. 11676 of July 27, 1972) would, together with other related functions, be merged in the new Drug Enforcement Administration.
Now, Therefore, by virtue of the authority vested in me by the Constitution and laws of the United States, including section 5317 of title 5 of the United States Code, as amended [section 5317 of Title 5, Government Organization and Employees], it is hereby ordered as follows:
Section 1. The Attorney General, to the extent permitted by law, is authorized to coordinate all activities of executive branch departments and agencies which are directly related to the enforcement of laws respecting narcotics and dangerous drugs. Each department and agency of the Federal Government shall, upon request and to the extent permitted by law, assist the Attorney General in the performance of functions assigned to him pursuant to this order, and the Attorney General may, in carrying out those functions, utilize the services of any other agencies, Federal and State, as may be available and appropriate.
Sec. 2. Executive Order No. 11641 of January 28, 1972, is revoked and the Attorney General shall provide for the reassignment of the functions of the Office for Drug Abuse Law Enforcement and for the abolishment of that Office.
Sec. 3. Executive Order No. 11676 of July 27, 1972, is hereby revoked and the Attorney General shall provide for the reassignment of the functions of the Office of National Narcotics Intelligence and for the abolishment of that Office.
Sec. 4. Section 1 of Executive Order No. 11708 of March 23, 1973, as amended, placing certain positions in level IV of the Executive Schedule is hereby further amended by deleting --
(1) "(6) Director, Office for Drug Abuse Law Enforcement, Department of Justice."; and
(2) "(7) Director, Office of National Narcotics Intelligence, Department of Justice."
Sec. 5. The Attorney General shall provide for the winding up of the affairs of the two offices and for the reassignment of their functions.
