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Title 21 — Food and DrugsRelease 119-73not60

§878 Powers of Enforcement Personnel

Title 21 › Chapter 13— DRUG ABUSE PREVENTION AND CONTROL › Subchapter I— CONTROL AND ENFORCEMENT › Part E— Administrative and Enforcement Provisions › § 878

Last updated Apr 5, 2026|Official source

Summary

Gives DEA officers and state, tribal, or local officers chosen by the Attorney General the power to carry guns, serve and carry out federal search and arrest orders, subpoenas, and summonses, arrest people without a warrant when a crime happens in their presence or when they have good reason to believe a felony was committed, seize property under this law, and do other duties the Attorney General assigns. State and local officers working under these powers are not federal employees and are not covered by most federal employee rules, except they are subject to section 3374(c) of title 5.

Full Legal Text

Title 21, §878

Food and Drugs — Source: USLM XML via OLRC

(a)Any officer or employee of the Drug Enforcement Administration or any State, tribal, or local law enforcement officer designated by the Attorney General may—
(1)carry firearms;
(2)execute and serve search warrants, arrest warrants, administrative inspection warrants, subpenas, and summonses issued under the authority of the United States;
(3)make arrests without warrant (A) for any offense against the United States committed in his presence, or (B) for any felony, cognizable under the laws of the United States, if he has probable cause to believe that the person to be arrested has committed or is committing a felony;
(4)make seizures of property pursuant to the provisions of this subchapter; and
(5)perform such other law enforcement duties as the Attorney General may designate.
(b)State and local law enforcement officers performing functions under this section shall not be deemed Federal employees and shall not be subject to provisions of law relating to Federal employees, except that such officers shall be subject to section 3374(c) of title 5.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2010—Subsec. (a). Pub. L. 111–211 inserted “, tribal,” after “State” in introductory provisions. 1986—Pub. L. 99–570 and Pub. L. 99–646 amended section substantially identically designating existing provisions as subsec. (a) and adding subsec. (b), with the exception of the amendment of subsec. (a) for which Pub. L. 99–570 directed the insertion of “or (with respect to offenses under this subchapter or subchapter II of this chapter) any State or local law

Enforcement

officer” and Pub. L. 99–646 directed the insertion of “or any State or local law

Enforcement

officer”, the latter of which was executed to reflect the probable intent of Congress. 1979—Pub. L. 96–132 substituted “Drug

Enforcement

Administration” for “Bureau of Narcotics and Dangerous Drugs”.

Reference

Citations & Metadata

Citation

21 U.S.C. § 878

Title 21 — Food and Drugs

Last Updated

Apr 5, 2026

Release point: 119-73not60