Source
(Pub. L. 91–513, title II, § 303, Oct. 27, 1970, 84 Stat. 1253; Pub. L. 93–281, § 3, May 14, 1974, 88 Stat. 124; Pub. L. 95–633, title I, § 109, Nov. 10, 1978, 92 Stat. 3773; Pub. L. 98–473, title II, § 511, Oct. 12, 1984, 98 Stat. 2073; Pub. L. 103–200, § 3(c), Dec. 17, 1993, 107 Stat. 2336; Pub. L. 106–310, div. B, title XXXV, § 3502(a), Oct. 17, 2000, 114 Stat. 1222; Pub. L. 107–273, div. B, title II, § 2501, Nov. 2, 2002, 116 Stat. 1803; Pub. L. 109–56, § 1(a), (b), Aug. 2, 2005, 119 Stat. 591; Pub. L. 109–177, title VII, § 712(a)(3), Mar. 9, 2006, 120 Stat. 263; Pub. L. 109–469, title XI, § 1102, Dec. 29, 2006, 120 Stat. 3540.)
References in Text
Schedules I, II, III, IV, and V, referred to in subsecs. (a) to (f) and (g)(2), are set out in section
812
(c) of this title.
The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (g)(2)(C)(i), is act June 25, 1938, ch. 675,
52 Stat. 1040, as amended, which is classified generally to chapter 9 (§ 301 et seq.) of this title. For complete classification of this Act to the Code, see section
301 of this title and Tables.
This chapter, referred to in subsec. (g)(2)(J)(ii)(II), was in the original “this Act”, meaning
Pub. L. 91–513, Oct. 27, 1970,
84 Stat. 1236, as amended. For complete classification of this Act to the Code, see Short Title note set out under section
801 of this title and Tables.
Amendments
2006—Subsec. (g)(2)(B)(iii).
Pub. L. 109–469, § 1102(1), 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”.
Subsec. (g)(2)(J)(i).
Pub. L. 109–469, § 1102(2)(A), 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).”
Subsec. (g)(2)(J)(ii).
Pub. L. 109–469, § 1102(2)(B), substituted “December 29, 2006” for “October 17, 2000” in introductory provisions.
Subsec. (g)(2)(J)(iii).
Pub. L. 109–469, § 1102(2)(C), 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”.
Subsec. (h).
Pub. L. 109–177 substituted “clause (iv) or (v) of section
802
(39)(A) of this title” for “section
802
(39)(A)(iv) of this title” in introductory provisions.
2005—Subsec. (g)(2)(B)(iii).
Pub. L. 109–56, § 1(b), substituted “The total” for “In any case in which the practitioner is not in a group practice, the total”.
Subsec. (g)(2)(B)(iv).
Pub. L. 109–56, § 1(a), 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.”
2002—Subsec. (g)(2)(I).
Pub. L. 107–273, § 2501(1), 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 October 17, 2000, 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 October 17, 2000,” to reflect the probable intent of Congress.
Subsec. (g)(2)(J)(i).
Pub. L. 107–273, § 2501(2), which directed the substitution of “the date referred to in subparagraph (I),” for “October 17, 2000,” 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 “October 17, 2000,” to reflect the probable intent of Congress.
2000—Subsec. (g).
Pub. L. 106–310 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).
1993—Subsec. (h).
Pub. L. 103–200 added subsec. (h).
1984—Subsec. (f).
Pub. L. 98–473 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.
1978—Subsec. (f).
Pub. L. 95–633 inserted provision relating to the construction of the Convention on Psychotropic Substances.
1974—Subsec. (g).
Pub. L. 93–281 added subsec. (g).
Effective Date of 2005 Amendment
Pub. L. 109–56, § 1(c), Aug. 2, 2005,
119 Stat. 591, provided that: “This section [amending this section] shall take effect on the date of enactment of this Act [Aug. 2, 2005].”
Effective Date of 1993 Amendment
Amendment by
Pub. L. 103–200 effective on date that is 120 days after Dec. 17, 1993, see section 11 of
Pub. L. 103–200, set out as a note under section
802 of this title.
Effective Date of 1978 Amendment
Amendment by
Pub. L. 95–633 effective on date the Convention on Psychotropic Substances enters into force in the United States [July 15, 1980], see section 112 of
Pub. L. 95–633, set out as an Effective Date note under section
801a of this title.
Provisional Registration
For provisional registration of persons engaged in manufacturing, distributing, or dispensing of controlled substances on the day before the effective date of section
822 of this title who are registered on such date under section
360 of this title or section
4722 of Title
26, Internal Revenue Code, see section 703 of
Pub. L. 91–513, set out as a note under section
822 of this title.