§828 — Title 21 Food and Drugs | U.S. Code

Summary

You must use a written order on a special form from the Attorney General to legally give or receive any drug listed in schedule I or II. Some actions are allowed without that order: exporting the drug from the United States under subchapter II, a carrier or warehouseman simply carrying or storing the drug in the normal course of business (but if that carriage or storage is used to send the drug to a third person the distributor still must follow the written-order rule), and delivery for disposal by an ultimate user, a long-term care facility, or a person acting under section 822(g). If you distribute under such an order, you must keep the order for two years and let authorized federal or state inspectors see or copy it. The person who makes the order must make a duplicate form at or before ordering, and if the order is accepted must keep that duplicate for two years for inspection. The Attorney General will only issue these forms to people registered under section 823 or exempted under section 822(d), will write the recipient’s name on the form before giving it out, may charge fees for the forms, and it is illegal for anyone else to use or give the forms to get controlled substances or to obtain those substances for anything other than lawful business, professional practice, or research.

Title 21, §828

Food and Drugs — Source: USLM XML via OLRC

(a)It shall be unlawful for any person to distribute a controlled substance in schedule I or II to another except in pursuance of a written order of the person to whom such substance is distributed, made on a form to be issued by the Attorney General in blank in accordance with subsection (d) and regulations prescribed by him pursuant to this section.

(b)Nothing in subsection (a) shall apply to—

(1)the exportation of such substances from the United States in conformity with subchapter II;

(2)the delivery of such a substance to or by a common or contract carrier for carriage in the lawful and usual course of its business, or to or by a warehouseman for storage in the lawful and usual course of its business; but where such carriage or storage is in connection with the distribution by the owner of the substance to a third person, this paragraph shall not relieve the distributor from compliance with subsection (a); or

(3)the delivery of such a substance for the purpose of disposal by an ultimate user, long-term care facility, or other person acting in accordance with section 822(g) of this title.

(c)(1)Every person who in pursuance of an order required under subsection (a) distributes a controlled substance shall preserve such order for a period of two years, and shall make such order available for inspection and copying by officers and employees of the United States duly authorized for that purpose by the Attorney General, and by officers or employees of States or their political subdivisions who are charged with the enforcement of State or local laws regulating the production, or regulating the distribution or dispensing, of controlled substances and who are authorized under such laws to inspect such orders.

(2)Every person who gives an order required under subsection (a) shall, at or before the time of giving such order, make or cause to be made a duplicate thereof on a form to be issued by the Attorney General in blank in accordance with subsection (d) and regulations prescribed by him pursuant to this section, and shall, if such order is accepted, preserve such duplicate for a period of two years and make it available for inspection and copying by the officers and employees mentioned in paragraph (1) of this subsection.

(d)(1)The Attorney General shall issue forms pursuant to subsections (a) and (c)(2) only to persons validly registered under section 823 of this title (or exempted from registration under section 822(d) of this title). Whenever any such form is issued to a person, the Attorney General shall, before delivery thereof, insert therein the name of such person, and it shall be unlawful for any other person (A) to use such form for the purpose of obtaining controlled substances or (B) to furnish such form to any person with intent thereby to procure the distribution of such substances.

(2)The Attorney General may charge reasonable fees for the issuance of such forms in such amounts as he may prescribe for the purpose of covering the cost to the United States of issuing such forms, and other necessary activities in connection therewith.

(e)It shall be unlawful for any person to obtain by means of order forms issued under this section controlled substances for any purpose other than their use, distribution, dispensing, or administration in the conduct of a lawful business in such substances or in the course of his professional practice or research.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Schedules I and II, referred to in subsec. (a), are set out in section 812(c) of this title.

Amendments

2010—Subsec. (b)(3). Pub. L. 111–273 added par. (3).

Statutory Notes and Related Subsidiaries

Effective Date

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

§828 Order forms