Title 21 — Food and DrugsRelease 119-73
§872 Education and research programs of Attorney General
Title 21 › Chapter CHAPTER 13— - DRUG ABUSE PREVENTION AND CONTROL › Subchapter SUBCHAPTER I— - CONTROL AND ENFORCEMENT › Part Part E— - Administrative and Enforcement Provisions › § 872
Summary
Allows the Attorney General to run education and research programs that help enforce federal drug laws. These programs can train local, State, tribal, and Federal officers; study which enforcement approaches deter drug use; improve tests to find drugs in people (including fast field tests); study where illegal drugs come from; find better ways to stop legal drugs from getting into illegal channels; and gather information needed to carry out section 811. The Attorney General can sign contracts for these projects without performance bonds and without regard to section 6101 of title 41. The Attorney General can let researchers keep study subjects’ names and identities confidential, and those researchers cannot be forced to reveal them in any Federal, State, tribal, or local proceeding. International treaties like the Single Convention on Narcotic Drugs or the Convention on Psychotropic Substances do not limit those confidentiality protections. The Attorney General may also allow approved researchers to possess, distribute, and dispense controlled substances and exempt them from State or Federal prosecution to the extent authorized. The Attorney General must keep an active domestic and international program to curb diversion of precursor and essential chemicals used to make illegal drugs.
Full Legal Text
Title 21, §872
Food and Drugs — Source: USLM XML via OLRC
(a)The Attorney General is authorized to carry out educational and research programs directly related to enforcement of the laws under his jurisdiction concerning drugs or other substances which are or may be subject to control under this subchapter. Such programs may include—
(1)educational and training programs on drug abuse and controlled substances law enforcement for local, State, tribal, and Federal personnel;
(2)studies or special projects designed to compare the deterrent effects of various enforcement strategies on drug use and abuse;
(3)studies or special projects designed to assess and detect accurately the presence in the human body of drugs or other substances which are or may be subject to control under this subchapter, including the development of rapid field identification methods which would enable agents to detect microquantities of such drugs or other substances;
(4)studies or special projects designed to evaluate the nature and sources of the supply of illegal drugs throughout the country;
(5)studies or special projects to develop more effective methods to prevent diversion of controlled substances into illegal channels; and
(6)studies or special projects to develop information necessary to carry out his functions under section 811 of this title.
(b)The Attorney General may enter into contracts for such educational and research activities without performance bonds and without regard to section 6101 of title 41.
(c)The Attorney General may authorize persons engaged in research to withhold the names and other identifying characteristics of persons who are the subjects of such research. Persons who obtain this authorization may not be compelled in any Federal, State, tribal, or local civil, criminal, administrative, legislative, or other proceeding to identify the subjects of research for which such authorization was obtained.
(d)Nothing in the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances, or other treaties or international agreements shall be construed to limit, modify, or prevent the protection of the confidentiality of patient records or of the names and other identifying characteristics of research subjects as provided by any Federal, State, or local law or regulation.
(e)The Attorney General, on his own motion or at the request of the Secretary, may authorize the possession, distribution, and dispensing of controlled substances by persons engaged in research. Persons who obtain this authorization shall be exempt from State or Federal prosecution for possession, distribution, and dispensing of controlled substances to the extent authorized by the Attorney General.
(f)The Attorney General shall maintain an active program, both domestic and international, to curtail the diversion of precursor chemicals and essential chemicals used in the illicit manufacture of controlled substances.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Codification In subsec. (b), “section 6101 of title 41” substituted for “section 3709 of the Revised Statutes (41 U.S.C. 5)” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Amendments
2010—Subsecs. (a)(1), (c). Pub. L. 111–211 inserted “tribal,” after “State,”. 1988—Subsec. (f). Pub. L. 100–690 added subsec. (f). 1978—Subsecs. (d), (e). Pub. L. 95–633 added subsec. (d) and redesignated former subsec. (d) as (e).
Statutory Notes and Related Subsidiaries
Effective Date
of 1988 AmendmentAmendment by Pub. L. 100–690 effective 120 days after Nov. 18, 1988, see section 6061 of Pub. L. 100–690, set out as a note under section 802 of this title.
Effective Date
of 1978 AmendmentAmendment 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. Effect of Grants Pub. L. 111–211, title II, § 232(e), July 29, 2010, 124 Stat. 2279, provided that: “Nothing in this section [amending this section and section 872a, 873, and 878 of this title] or any amendment made by this section— “(1) allows the grant to be made to, or used by, an entity for law
Enforcement
activities that the entity lacks jurisdiction to perform; or “(2) has any effect other than to authorize, award, or deny a grant of funds to a federally recognized Indian tribe for the purposes described in the relevant grant program.” [For definition of “Indian tribe” as used in section 232(e) of Pub. L. 111–211, set out above, see section 203(a) of Pub. L. 111–211, set out as a note under section 2801 of Title 25, Indians.] Training for Drug
Enforcement
Administration and State and Local Law
Enforcement
Personnel Relating to Clandestine Laboratories Pub. L. 106–310, div. B, title XXXVI, § 3623, Oct. 17, 2000, 114 Stat. 1231, provided that: “(a) In General.—“(1) Requirement.—The Administrator of the Drug
Enforcement
Administration shall carry out the programs described in subsection (b) with respect to the law
Enforcement
personnel of States and localities determined by the Administrator to have significant levels of methamphetamine-related or amphetamine-related crime or projected by the Administrator to have the potential for such levels of crime in the future. “(2) Duration.—The duration of any program under that subsection may not exceed 3 years. “(b) Covered Programs.—The programs described in this subsection are as follows:“(1) Advanced mobile clandestine laboratory training teams.—A program of advanced mobile clandestine laboratory training teams, which shall provide information and training to State and local law
Enforcement
personnel in techniques utilized in conducting undercover investigations and conspiracy cases, and other information designed to assist in the investigation of the illegal manufacturing and trafficking of amphetamine and methamphetamine. “(2) Basic clandestine laboratory certification training.—A program of basic clandestine laboratory certification training, which shall provide information and training—“(A) to Drug
Enforcement
Administration personnel and State and local law
Enforcement
personnel for purposes of enabling such personnel to meet any certification requirements under law with respect to the handling of wastes created by illegal amphetamine and methamphetamine laboratories; and “(B) to State and local law
Enforcement
personnel for purposes of enabling such personnel to provide the information and training covered by subparagraph (A) to other State and local law
Enforcement
personnel. “(3) Clandestine laboratory recertification and awareness training.—A program of clandestine laboratory recertification and awareness training, which shall provide information and training to State and local law
Enforcement
personnel for purposes of enabling such personnel to provide recertification and awareness training relating to clandestine laboratories to additional State and local law
Enforcement
personnel. “(c) Authorization of Appropriations.—There are authorized to be appropriated for each of fiscal years 2000, 2001, and 2002 amounts as follows:“(1) $1,500,000 to carry out the program described in subsection (b)(1). “(2) $3,000,000 to carry out the program described in subsection (b)(2). “(3) $1,000,000 to carry out the program described in subsection (b)(3).” Educational Program for Police Departments Pub. L. 104–305, § 4, Oct. 13, 1996, 110 Stat. 3809, provided that: “The Attorney General may— “(1) create educational materials regarding the use of controlled substances (as that term is defined in section 102 of the Controlled Substances Act [21 U.S.C. 802]) in the furtherance of rapes and sexual assaults; and “(2) disseminate those materials to police departments throughout the United States.” Study and Report on Measures To Prevent Sales of Agents Used in Methamphetamine Production Pub. L. 104–237, title II, § 202, Oct. 3, 1996, 110 Stat. 3101, required the Attorney General of the United States to conduct a study on measures to effectively prevent the diversion of red phosphorous, iodine, hydrochloric gas, and other agents for use in the production of methamphetamine, and to submit to Congress no later than Jan. 1, 1998, a report of the findings pursuant to the study on the need for and advisability of preventive measures.
Reference
Citations & Metadata
Citation
21 U.S.C. § 872
Title 21 — Food and Drugs
Last Updated
Apr 6, 2026
Release point: 119-73