Intelligence Law Glossary - Controlled Substance [HTML-Only]


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Controlled Substance

Statutory Law

21 U.S.C. § 802(6) (2012) (Title 21—Chapter 13: Drug Abuse Prevention and Control: Subchapter I: Control and Enforcement)

As used in this subchapter:
[…]
(6) The term “controlled substance” means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1986.

22 U.S.C. § 2291(e)(3) (2010) (Title 22—Chapter 32: Foreign Assistance: International Development: International Narcotics Control)

(e) Definitions.  For purposes of this chapter and other provisions of this Act relating specifically to international narcotics matters—
   (3) the term "narcotic and psychotropic drugs and other controlled substances" has the same meaning as is given by any applicable international narcotics control agreement or domestic law of the country or countries concerned;

Administrative Law

32 CFR § 1903.1 [32 CFR CHAPTER XIX—CENTRAL INTELLIGENCE AGENCY: 32 CFR PART 1903—CONDUCT ON AGENCY INSTALLATIONS]

As used in this part:
Controlled Substance.
Any drug or other substance, or immediate precursor that has been defined as a controlled substance in the Controlled Substances Act (Title 21 U.S.C. 801 et seq.).

See Also

21 U.S.C. § 802(9) (2012) (Title 21—Chapter 13: Drug Abuse Prevention and Control: Subchapter I: Control and Enforcement)

As used in this subchapter:
[…]
(9) The term “depressant or stimulant substance” means—
(A) a drug which contains any quantity of barbituric acid or any of the salts of barbituric acid; or
(B) a drug which contains any quantity of (i) amphetamine or any of its optical isomers; (ii) any salt of amphetamine or any salt of an optical isomer of amphetamine; or (iii) any substance which the Attorney General, after investigation, has found to be, and by regulation designated as, habit forming because of its stimulant effect on the central nervous system; or
(C) lysergic acid diethylamide; or
(D) any drug which contains any quantity of a substance which the Attorney General, after investigation, has found to have, and by regulation designated as having, a potential for abuse because of its depressant or stimulant effect on the central nervous system or its hallucinogenic effect.

21 U.S.C. § 802(17) (2012) (Title 21—Chapter 13: Drug Abuse Prevention and Control: Subchapter I: Control and Enforcement)

As used in this subchapter:
[…]
(17) The term “narcotic drug” means any of the following whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
(A) Opium, opiates, derivatives of opium and opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation. Such term does not include the isoquinoline alkaloids of opium.
(B) Poppy straw and concentrate of poppy straw.
(C) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed.
(D) Cocaine, its salts, optical and geometric isomers, and salts of isomers.
(E) Ecgonine, its derivatives, their salts, isomers, and salts of isomers.
(F) Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subparagraphs (A) through (E).

21 U.S.C. § 802(18) (2012) (Title 21—Chapter 13: Drug Abuse Prevention and Control: Subchapter I: Control and Enforcement)

As used in this subchapter:
[…]
(18) The term “opiate” means any drug or other substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability.

21 U.S.C. § 802(19) (2012) (Title 21—Chapter 13: Drug Abuse Prevention and Control: Subchapter I: Control and Enforcement)

As used in this subchapter:
[…]
(19) The term “opium poppy” means the plant of the species Papaver somniferum L., except the seed thereof.

21 U.S.C. § 802(20) (2012) (Title 21—Chapter 13: Drug Abuse Prevention and Control: Subchapter I: Control and Enforcement)

As used in this subchapter:
[…]
(20) The term “poppy straw” means all parts, except the seeds, of the opium poppy, after mowing.

21 U.S.C. § 802(31) (2012) (Title 21—Chapter 13: Drug Abuse Prevention and Control: Subchapter I: Control and Enforcement)

As used in this subchapter:
[…]
(31) The term “Convention on Psychotropic Substances” means the Convention on Psychotropic Substances signed at Vienna, Austria, on February 21, 1971; and the term “Single Convention on Narcotic Drugs” means the Single Convention on Narcotic Drugs signed at New York, New York, on March 30, 1961.

21 U.S.C. § 802(32) (2012) (Title 21—Chapter 13: Drug Abuse Prevention and Control: Subchapter I: Control and Enforcement)

As used in this subchapter:
[…]
(32)(A) Except as provided in subparagraph (C), the term “controlled substance analogue” means a substance—
(i) the chemical structure of which is substantially similar to the chemical structure of a controlled substance in schedule I or II;
(ii) which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II; or
(iii) with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II.
(B) The designation of gamma butyrolactone or any other chemical as a listed chemical pursuant to paragraph (34) or (35) does not preclude a finding pursuant to subparagraph (A) of this paragraph that the chemical is a controlled substance analogue.
(C) Such term does not include—
(i) a controlled substance;
(ii) any substance for which there is an approved new drug application;
(iii) with respect to a particular person any substance, if an exemption is in effect for investigational use, for that person, under section 355 of this title to the extent conduct with respect to such substance is pursuant to such exemption; or
(iv) any substance to the extent not intended for human consumption before such an exemption takes effect with respect to that substance.

21 U.S.C. § 802(33) (2012) (Title 21—Chapter 13: Drug Abuse Prevention and Control: Subchapter I: Control and Enforcement)

As used in this subchapter:
[…]
(33) The term “listed chemical” means any list I chemical or any list II chemical.

21 U.S.C. § 802(34) (2012) (Title 21—Chapter 13: Drug Abuse Prevention and Control: Subchapter I: Control and Enforcement)

As used in this subchapter:
[…]
(34) The term “list I chemical” means a chemical specified by regulation of the Attorney General as a chemical that is used in manufacturing a controlled substance in violation of this subchapter and is important to the manufacture of the controlled substances, and such term includes (until otherwise specified by regulation of the Attorney General, as considered appropriate by the Attorney General or upon petition to the Attorney General by any person) the following:
(A) Anthranilic acid, its esters, and its salts.
(B) Benzyl cyanide.
(C) Ephedrine, its salts, optical isomers, and salts of optical isomers.
(D) Ergonovine and its salts.
(E) Ergotamine and its salts.
(F) N-Acetylanthranilic acid, its esters, and its salts.
(G) Norpseudoephedrine, its salts, optical isomers, and salts of optical isomers.
(H) Phenylacetic acid, its esters, and its salts.
(I) Phenylpropanolamine, its salts, optical isomers, and salts of optical isomers.
(J) Piperidine and its salts.
(K) Pseudoephedrine, its salts, optical isomers, and salts of optical isomers.
(L) 3,4-Methylenedioxyphenyl-2-propanone.
(M) Methylamine.
(N) Ethylamine.
(O) Propionic anhydride.
(P) Isosafrole.
(Q) Safrole.
(R) Piperonal.
(S) N-Methylephedrine.
(T) N-methylpseudoephedrine.
(U) Hydriodic acid.
(V) Benzaldehyde.
(W) Nitroethane.
(X) Gamma butyrolactone.
(Y) Any salt, optical isomer, or salt of an optical isomer of the chemicals listed in subparagraphs (M) through (U) of this paragraph.

21 U.S.C. § 802(35) (2012) (Title 21—Chapter 13: Drug Abuse Prevention and Control: Subchapter I: Control and Enforcement)

As used in this subchapter:
[…]
(35) The term “list II chemical” means a chemical (other than a list I chemical) specified by regulation of the Attorney General as a chemical that is used in manufacturing a controlled substance in violation of this subchapter, and such term includes (until otherwise specified by regulation of the Attorney General, as considered appropriate by the Attorney General or upon petition to the Attorney General by any person) the following chemicals:
(A) Acetic anhydride.
(B) Acetone.
(C) Benzyl chloride.
(D) Ethyl ether.
(E) Repealed. Pub. L. 101–647, title XXIII, §2301(b), Nov. 29, 1990, 104 Stat. 4858.
(F) Potassium permanganate.
(G) 2-Butanone (or Methyl Ethyl Ketone).
(H) Toluene.
(I) Iodine.
(J) Hydrochloric gas.