§801a — Title 21 Food and Drugs | U.S. Code

Summary

Requires the United States to work with other nations to control certain psychotropic drugs and to change U.S. law so the country can meet its treaty duties under the Convention on Psychotropic Substances signed at Vienna, Austria, on February 21, 1971. Because that Convention does not operate on its own, Congress says the new rules and existing laws together should be enough to meet U.S. obligations without more legislation. Says controls should follow the classification rules in the Comprehensive Drug Abuse Prevention and Control Act of 1970. It also says legal medical and scientific uses must stay available, honest research must not be blocked, and ethical medical practice must be preserved as decided by the Secretary of Health and Human Services with input from the American medical and scientific community.

Title 21, §801a

Food and Drugs — Source: USLM XML via OLRC

The Congress makes the following findings and declarations:

(1)The Congress has long recognized the danger involved in the manufacture, distribution, and use of certain psychotropic substances for nonscientific and nonmedical purposes, and has provided strong and effective legislation to control illicit trafficking and to regulate legitimate uses of psychotropic substances in this country. Abuse of psychotropic substances has become a phenomenon common to many countries, however, and is not confined to national borders. It is, therefore, essential that the United States cooperate with other nations in establishing effective controls over international traffic in such substances.

(2)The United States has joined with other countries in executing an international treaty, entitled the Convention on Psychotropic Substances and signed at Vienna, Austria, on February 21, 1971, which is designed to establish suitable controls over the manufacture, distribution, transfer, and use of certain psychotropic substances. The Convention is not self-executing, and the obligations of the United States thereunder may only be performed pursuant to appropriate legislation. It is the intent of the Congress that the amendments made by this Act, together with existing law, will enable the United States to meet all of its obligations under the Convention and that no further legislation will be necessary for that purpose.

(3)In implementing the Convention on Psychotropic Substances, the Congress intends that, consistent with the obligations of the United States under the Convention, control of psychotropic substances in the United States should be accomplished within the framework of the procedures and criteria for classification of substances provided in the Comprehensive Drug Abuse Prevention and Control Act of 1970 [21 U.S.C. 801 et seq.]. This will insure that (A) the availability of psychotropic substances to manufacturers, distributors, dispensers, and researchers for useful and legitimate medical and scientific purposes will not be unduly restricted; (B) nothing in the Convention will interfere with bona fide research activities; and (C) nothing in the Convention will interfere with ethical medical practice in this country as determined by the Secretary of Health and Human Services on the basis of a consensus of the views of the American medical and scientific community.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in par. (2), is Pub. L. 95–633, Nov. 10, 1978, 92 Stat. 2768, as amended, known as the Psychotropic Substances Act of 1978, which enacted section 801a, 830, and 852 of this title, amended section 352, 802, 811, 812, 823, 827, 841 to 843, 872, 881, 952, 953, and 965 of this title and section 242a of Title 42, The Public Health and Welfare, repealed section 830 of this title effective Jan. 1, 1981, and enacted provisions set out as notes under section 801, 801a, 812, and 830 of this title. For complete classification of this Act to the Code, see

Short Title

of 1978 Amendment note set out under section 801 of this title and Tables. The Comprehensive Drug Abuse Prevention and Control Act of 1970, referred to in par. (3), is Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1236, which is classified principally to this chapter [§ 801 et seq.]. For complete classification of this Act to the Code, see

Short Title

note set out under section 801 of this title and Tables. Codification Section was enacted as a part of the Psychotropic Substances Act of 1978, and not as a part of the Controlled Substances Act which comprises this subchapter.

Statutory Notes and Related Subsidiaries

Change of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in par. (3) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

Effective Date

Pub. L. 95–633, title I, § 112, Nov. 10, 1978, 92 Stat. 3774, provided that: “This title [enacting this section and section 852 of this title, amending section 352, 802, 811, 812, 823, 827, 872, 952, and 953 of this title and section 242a of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under section 801 and 812 of this title] and the

Amendments

made by this title shall take effect on the date the Convention on Psychotropic Substances, signed at Vienna, Austria on

February 21, 1971, enters into force in respect to the United States.” [The Convention entered into force in respect to the United States on

July 15, 1980.]

§801a Congressional Findings and Declarations: Psychotropic Substances

Summary

Title 21, §801a

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Statutory Notes and Related Subsidiaries

Change of Name

Effective Date

Amendments

Citations & Metadata