Title 21Food and DrugsRelease 119-73

§208 Certain preparations and sales excepted

Title 21 › Chapter CHAPTER 7— - PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR DISTRICTS IN CHINA › § 208

Last updated Apr 6, 2026|Official source

Summary

Allows some low-dose or specially labeled medicines to be sold without the stricter controls. That includes liquids or solids that contain no more than two grains of opium, one-quarter grain of morphine, one-quarter grain of cocaine, or two grains of chloral hydrate per fluid ounce (liquid) or per avoirdupois ounce (solid). It also covers medicines sold in good faith for diarrhea and cholera if each bottle or package has specific directions and a warning against habitual use, liniments or ointments plainly labeled "for external use only," and Dover’s powder sold in amounts not over twenty grains. The rules do not let anyone sell, give away, or prescribe cocaine, morphine, opium, chloral hydrate, their salts, or preparations containing them to habitual users. A recognized, reputable physician who owes permanent allegiance to the United States may, in good faith and under professional care, provide such substances to a habitual user when needed for treatment and not to evade the rules. Wholesale sales between jobbers, manufacturers, retail druggists, hospitals, and scientific or public institutions are also excluded from the stricter rules.

Full Legal Text

Title 21, §208

Food and Drugs — Source: USLM XML via OLRC

The provisions of section 207 of this title shall not apply to preparations containing not more than two grains of opium or not more than one-quarter grain of morphine, or not more than one-quarter grain of cocaine, or not more than two grains of chloral hydrate in the fluid ounce, or, of a solid preparation, in one avoirdupois ounce, nor shall they apply to preparations sold in good faith for diarrhea and cholera, each bottle or package of which is accompanied by specific directions for use and caution against habitual use, nor to liniments or ointments sold in good faith as such when plainly labeled “for external use only”, nor to powder of ipecac and opium, commonly known as Dover’s powder, when sold in quantities not exceeding twenty grains. The provisions of this section or section 207 of this title shall not be construed to permit the selling, furnishing, giving away, or prescribing for the use of any habitual users of the same any cocaine, salts of cocaine, or preparation containing cocaine or salts of cocaine, or morphine or salts of morphine, or preparations containing morphine or salts of morphine, or any opium or preparation containing opium, or any chloral hydrate or preparation containing chloral hydrate. But the preceding sentence shall not be construed to prevent any recognized or reputable practitioner of medicine whose permanent allegiance is due to the United States from furnishing in good faith for the use of any habitual user of narcotic drugs who is under his professional care such substances as he may deem necessary for their treatment, when such prescriptions are not given or substances furnished for the purpose of evading the provisions of this section. But the provisions of this section or section 207 of this title shall not apply to sales at wholesale between jobbers, manufacturers, and retail druggists, hospitals, and scientific or public institutions.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section is comprised of section 6 of act Mar. 3, 1915. Remainder of such section 6 is classified to section 207 of this title.

Reference

Citations & Metadata

Citation

21 U.S.C. § 208

Title 21Food and Drugs

Last Updated

Apr 6, 2026

Release point: 119-73