§ 828. Order forms

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1970

   Controlled Substances Act

   Pub. L. 91–513 title II § 308 · 84 Stat. 1236

   Enacted · 21 U.S.C. § 828

   Pub. L. 91–513, title II, § 308, Oct. 27, 1970, 84 Stat. 1259

   Source evidence

   Code source credit
   Pub. L. 91–513, title II, § 308, Oct. 27, 1970, 84 Stat. 1259

   Enacted provision · exact public law section
   Sec. 308. order forms (a) It shall be unlawful for any person to distribute a Unlawful distribution. 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— Nonapplicability. (1) the exportation of such substances from the United States in Conformity with title III; Post, p 1285. (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). (c) (1) Every person who in pursuance of an order required under Preservation and availability. 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 Duplicate, preservation and availability. (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 303 (or exempted from registration under section 302(d)). 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.

2. 2010

   Secure and Responsible Drug Disposal Act of 2010

   Pub. L. 111–273 § 3(b) · 124 Stat. 2858

   Added · 21 U.S.C. § 828(b)(3)

   Pub. L. 111–273 added par. (3)

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 111–273 added par. (3).

   Enacted provision · exact public law section
   (b) Conforming Amendment.— Section 308(b) of the Controlled Substances Act (21 U.S.C. 828(b)) is amended— (1) by striking the period at the end of paragraph (2) and inserting “; or”; and (2) by adding at the end the following: “(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 302(g).” .

2 of 2 references resolved to an enrolled provision