Title 21 — Food and DrugsRelease 119-73
§903 Application of State law
Title 21 › Chapter CHAPTER 13— - DRUG ABUSE PREVENTION AND CONTROL › Subchapter SUBCHAPTER I— - CONTROL AND ENFORCEMENT › Part Part F— - General Provisions › § 903
Summary
Federal law does not replace or push out state laws on the same topic, including criminal penalties, unless the federal and state laws conflict so they cannot both apply.
Full Legal Text
Title 21, §903
Food and Drugs — Source: USLM XML via OLRC
No provision of this subchapter shall be construed as indicating an intent on the part of the Congress to occupy the field in which that provision operates, including criminal penalties, to the exclusion of any State law on the same subject matter which would otherwise be within the authority of the State, unless there is a positive conflict between that provision of this subchapter and that State law so that the two cannot consistently stand together.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original “this title”, meaning title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, and is popularly known as the “Controlled Substances Act”. For complete classification of title II to the Code, see second paragraph of
Short Title
note set out under section 801 of this title and Tables.
Reference
Citations & Metadata
Citation
21 U.S.C. § 903
Title 21 — Food and Drugs
Last Updated
Apr 6, 2026
Release point: 119-73