Title 21 — Food and Drugs
Part C · Chapter 13 — Drug Abuse Prevention and Control
§ 829a. Delivery of a controlled substance by a pharmacy to an administering practitioner
Statutory text
In general
Notwithstanding section 802(10) of this title, a pharmacy may deliver a controlled substance to a practitioner in accordance with a prescription that meets the requirements of this subchapter and the regulations issued by the Attorney General under this subchapter, for the purpose of administering the controlled substance by the practitioner if—
the controlled substance is delivered by the pharmacy to the prescribing practitioner or the practitioner administering the controlled substance, as applicable, at the location listed on the practitioner’s certificate of registration issued under this subchapter;
the controlled substance is a drug in schedule III, IV, or V to be administered—
by injection or implantation for the purpose of maintenance or detoxification treatment; or
subject to a risk evaluation and mitigation strategy pursuant to section 355–1 of this title that includes elements to assure safe use of the drug described in subsection (f)(3)(E) of such section, including a requirement for post-administration monitoring by a health care provider;
the pharmacy and the practitioner are authorized to conduct the activities specified in this section under the law of the State in which such activities take place;
the prescription is not issued to supply any practitioner with a stock of controlled substances for the purpose of general dispensing to patients;
except as provided in subsection (b), the controlled substance is to be administered only to the patient named on the prescription not later than 45 days after the date of receipt of the controlled substance by the practitioner; and
notwithstanding any exceptions under section 827 of this title, the prescribing practitioner, and the practitioner administering the controlled substance, as applicable, maintain complete and accurate records of all controlled substances delivered, received, administered, or otherwise disposed of under this section, including the persons to whom controlled substances were delivered and such other information as may be required by regulations of the Attorney General.
Modification of number of days before which controlled substance shall be administered
Initial 2-year period
During the 2-year period beginning on , the Attorney General, in coordination with the Secretary, may reduce the number of days described in subsection (a)(5) if the Attorney General determines that such reduction will—
reduce the risk of diversion; or
protect the public health.
Modifications after submission of report
After the date on which the report described in section 3204(b) of the SUPPORT for Patients and Communities Act is submitted, the Attorney General, in coordination with the Secretary, may modify the number of days described in subsection (a)(5).
Minimum number of days
Any modification under this subsection shall be for a period of not less than 7 days.
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.
Comprehensive Drug Abuse Prevention and Control Act of 1970
Pub. L. 91–513 title II § 309A · 84 Stat. 1236
Enacted · 21 U.S.C. § 829a
Pub. L. 91–513, title II, § 309A, as added Pub. L. 115–271, title III, § 3204(a), Oct. 24, 2018, 132 Stat. 3945
Source evidence
Code source credit
Pub. L. 91–513, title II, § 309A, as added Pub. L. 115–271, title III, § 3204(a), Oct. 24, 2018, 132 Stat. 3945Medical Marijuana and Cannabidiol Research Expansion Act
Pub. L. 117–215 title I § 103(b)(1)(E) · 136 Stat. 2257
Substituted · 21 U.S.C. § 829a(a)(2)
Pub. L. 117–215 substituted “823(h)(2)” for “823(g)(2)” in introductory provisions
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 117–215 substituted “823(h)(2)” for “823(g)(2)” in introductory provisions.Enacted provision · exact public law section
(E) in section 309A(a)(2) (21 U.S.C. 829a(a)(2)), in the matter preceding subparagraph (A), by striking “303(g)(2)” and inserting “303(h)(2)”;Restoring Hope for Mental Health and Well-Being Act of 2022
Pub. L. 117–328 § 1262(b)(2) · 136 Stat. 4459
Amended · 21 U.S.C. § 829a(a)(2)
Pub. L. 117–328, § 1262(b)(2), as amended by Pub. L. 119–26, § 4(2)(B)(iii)
Substituted · 21 U.S.C. § 829a(a)(2)
Pub. L. 117–328, § 1262(b)(2), as substituted “the controlled substance is a narcotic drug in schedule III, IV, or V to be administered for the purpose of maintenance or detoxification treatment and is to be administered by injection or implantation;” for “the controlled substance is to be administered for the purpose of maintenance or detoxification treatment under section 823(g)(2) and—”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 117–328, § 1262(b)(2), as amended by Pub. L. 119–26, § 4(2)(B)(iii), substituted “the controlled substance is a narcotic drug in schedule III, IV, or V to be administered for the purpose of maintenance or detoxification treatment and is to be administered by injection or implantation;” for “the controlled substance is to be administered for the purpose of maintenance or detoxification treatment under section 823(g)(2) and—”“(A) the practitioner who issued the prescription is a qualifying practitioner authorized under, and acting within the scope of that section; and “(B) the controlled substance is to be administered by injection or implantation;”.
Enacted provision · exact public law section
(2) Section 309A(a)(2) of the Controlled Substances Act (21 U.S.C. 829a) is amended— (A) in the matter preceding subparagraph (A), by striking “the controlled substance is to be administered for the purpose of maintenance or detoxification treatment under section 303(g)(2)” and inserting “the controlled substance is a narcotic drug in schedule III, IV, or V to be administered for the purpose of maintenance or detoxification treatment”; and (B) by striking “and—” and all that follows through “is to be administered by injection or implantation;” and inserting “and is to be administered by injection or implantation;”.Effective date note
Pub. L. 119–26, § 4, July 16, 2025, 139 Stat. 416, provided that the amendment made by section 4(2)(B)(iii) is effective as if included in the enactment of Pub. L. 117–328.Restoring Hope for Mental Health and Well-Being Act of 2022
Pub. L. 117–328 § 1264 · 136 Stat. 4459
Substituted · 21 U.S.C. § 829a(a)(5)
Pub. L. 117–328, § 1264, substituted “45 days” for “14 days”
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 117–328, § 1264, substituted “45 days” for “14 days”.Enacted provision · exact public law section
SEC. 1264. INCREASE IN NUMBER OF DAYS BEFORE WHICH CERTAIN CONTROLLED SUBSTANCES MUST BE ADMINISTERED. Section 309A(a)(5) of the Controlled Substances Act (21 U.S.C. 829a(a)(5)) is amended by striking “14 days” and inserting “45 days”.Effective date note
Pub. L. 119–26, § 4, July 16, 2025, 139 Stat. 416, provided that the amendment made by section 4(2)(B)(iii) is effective as if included in the enactment of Pub. L. 117–328.Pub. L. 119–26 § 4(2)(B)(iii) · 139 Stat. 416
Amended · 21 U.S.C. § 829a(a)(2)
Pub. L. 119–26, § 4(2)(B)(iii), amended Pub. L. 117–328, § 1262(b)(2). See 2022 Amendment note below
Unresolved: Pub. L. 119–26 was not found in the local Statutes at Large index.
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 119–26, § 4(2)(B)(iii), amended Pub. L. 117–328, § 1262(b)(2). See 2022 Amendment note below.Effective date note
Pub. L. 119–26, § 4, July 16, 2025, 139 Stat. 416, provided that the amendment made by section 4(2)(B)(iii) is effective as if included in the enactment of Pub. L. 117–328.Pub. L. 119–44 § 401 · 139 Stat. 689
Added · 21 U.S.C. § 829a(a)(2)
Pub. L. 119–44, § 401, added par. (2)
Struck · 21 U.S.C. § 829a(a)(2)
Pub. L. 119–44, § 401, struck out former par. (2) which read as follows: “the controlled substance is a narcotic drug in schedule III, IV, or V to be administered for the purpose of maintenance or detoxification treatment and is to be administered by injection or implantation;”
Unresolved: Pub. L. 119–44 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 119–44, § 401, added par. (2) and struck out former par. (2) which read as follows: “the controlled substance is a narcotic drug in schedule III, IV, or V to be administered for the purpose of maintenance or detoxification treatment and is to be administered by injection or implantation;”.
4 of 8 references resolved to an enrolled provision · 1 partial · 3 unresolved
Editorial Notes
References in Text
Schedules III, IV, and V, referred to in subsec. (a)(2), are set out in section 812(c) of this title.
Section 3204(b) of the SUPPORT for Patients and Communities Act, referred to in subsec. (b)(2), is section 3204(b) of Pub. L. 115–271, title III, , 132 Stat. 3946, which is not classified to the Code.
Amendments2022–2025 · 2 rounds
2025
Subsec. (a)(2). Pub. L. 119–44, § 401, added par. (2) and struck out former par. (2) which read as follows: “the controlled substance is a narcotic drug in schedule III, IV, or V to be administered for the purpose of maintenance or detoxification treatment and is to be administered by injection or implantation;”.
Pub. L. 119–26, § 4(2)(B)(iii), amended Pub. L. 117–328, § 1262(b)(2). See 2022 Amendment note below.
2022
Subsec. (a)(2). Pub. L. 117–328, § 1262(b)(2), as amended by Pub. L. 119–26, § 4(2)(B)(iii), substituted “the controlled substance is a narcotic drug in schedule III, IV, or V to be administered for the purpose of maintenance or detoxification treatment and is to be administered by injection or implantation;” for “the controlled substance is to be administered for the purpose of maintenance or detoxification treatment under section 823(g)(2) and—”
“(A) the practitioner who issued the prescription is a qualifying practitioner authorized under, and acting within the scope of that section; and
“(B) the controlled substance is to be administered by injection or implantation;”.
Pub. L. 117–215 substituted “823(h)(2)” for “823(g)(2)” in introductory provisions.
Subsec. (a)(5). Pub. L. 117–328, § 1264, substituted “45 days” for “14 days”.
Statutory Notes and Related Subsidiaries
Effective Date of 2025 Amendment
Pub. L. 119–26, § 4, , 139 Stat. 416, provided that the amendment made by section 4(2)(B)(iii) is effective as if included in the enactment of Pub. L. 117–328.
Credits
2018–2025 · 5 acts
- 2018Pub. L. 91–513, title II, § 309A, as added Pub. L. 115–271, title III, § 3204(a), , 132 Stat. 3945
- 2022amended Pub. L. 117–215, title I, § 103(b)(1)(E), , 136 Stat. 2263
- 2022Pub. L. 117–328, div. FF, title I, §§ 1262(b)(2), 1264, , 136 Stat. 5682, 5685
- 2025Pub. L. 119–26, § 4(2)(B)(iii), , 139 Stat. 416
- 2025Pub. L. 119–44, title IV, § 401, , 139 Stat. 689.
Show as published
(Pub. L. 91–513, title II, § 309A, as added Pub. L. 115–271, title III, § 3204(a), , 132 Stat. 3945; amended Pub. L. 117–215, title I, § 103(b)(1)(E), , 136 Stat. 2263; Pub. L. 117–328, div. FF, title I, §§ 1262(b)(2), 1264, , 136 Stat. 5682, 5685; Pub. L. 119–26, § 4(2)(B)(iii), , 139 Stat. 416; Pub. L. 119–44, title IV, § 401, , 139 Stat. 689.)