- addict
means any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of narcotic drugs as to have lost the power of self-control with reference to his addiction.
- administer
refers to the direct application of a controlled substance to the body of a patient or research subject by— whether such application be by injection, inhalation, ingestion, or any other means.
- advertisement
includes, in addition to its ordinary meaning, such advertisements as those for a catalog of Schedule 1 I controlled substances and any similar written advertisement that has the purpose of seeking or offering illegally to receive, buy, or distribute a Schedule 1 I controlled substance.
- agent
means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser;
- anabolic steroid
means any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone), and includes— The substances excluded under this subparagraph may at any time be scheduled by the Attorney General in accordance with the authority and requirements of subsections (a) through (c) of section 811 of this title.
- anything of pecuniary value
has the meaning given the term in section 1958(b)(1) of title 18.
- at the retail level
refers to products sold, or held for sale, directly to the consumer for personal use.
- authorized purchaser
means any of the following persons, provided such person has acquired the controlled substance in accordance with this chapter:
- authorizing medical professional
means an emergency or other physician, or another medical professional (including an advanced practice registered nurse or physician assistant)—
- boobytrap
means any concealed or camouflaged device designed to cause bodily injury when triggered by any action of any unsuspecting person making contact with the device.
- cannabimimetic agents
means any substance that is a cannabinoid receptor type 1 (CB1 receptor) agonist as demonstrated by binding studies and functional assays within any of the following structural classes:
- chemical mixture
means a combination of two or more chemical substances, at least one of which is not a list I chemical or a list II chemical, except that such term does not include any combination of a list I chemical or a list II chemical with another chemical that is present solely as an impurity.
- communication facility
means any and all public and private instrumentalities used or useful in the transmission of writing, signs, signals, pictures, or sounds of all kinds and includes mail, telephone, wire, radio, and all other means of communication.
- control
means to add a drug or other substance, or immediate precursor, to a schedule under part B of this subchapter, whether by transfer from another schedule or otherwise.
- controlled premises
means—
- 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.
- controlled substance analogue
means a substance—
- controlled substance and chemical diversion control activities
means those activities related to the registration and control of the manufacture, distribution, dispensing, importation, and exportation of controlled substances and listed chemicals.
- Convention on Psychotropic Substances
means the Convention on Psychotropic Substances signed at Vienna, Austria, on February 21, 1971;
- counterfeit substance
means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, distributed, or dispensed such substance and which thereby falsely purports or is represented to be the product of, or to have been distributed by, such other manufacturer, distributor, or dispenser.
- covered entity
means—
- covering practitioner
means, with respect to a patient, a practitioner who conducts a medical evaluation (other than an in-person medical evaluation) at the request of a practitioner who—
- customs territory of the United States
has the meaning assigned to such term by general note 2 of the Harmonized Tariff Schedule of the United States.
- date rape drug
means— The Attorney General is authorized to remove any substance from the list of date rape drugs pursuant to the same rulemaking authority.
- depressant or stimulant substance
means—
- designated location
means a location designated by an emergency medical services agency under paragraph (5).
- detoxification treatment
means the dispensing, for a period not in excess of one hundred and eighty days, of a narcotic drug in decreasing doses to an individual in order to alleviate adverse physiological or psychological effects incident to withdrawal from the continuous or sustained use of a narcotic drug and as a method of bringing the individual to a narcotic drug-free state within such period.
- dispense
means to deliver a controlled substance to an ultimate user or research subject by, or pursuant to the lawful order of, a practitioner, including the prescribing and administering of a controlled substance and the packaging, labeling or compounding necessary to prepare the substance for such delivery.
- dispenser
means a practitioner who so delivers a controlled substance to an ultimate user or research subject.
- distribute
means to deliver (other than by administering or dispensing) a controlled substance or a listed chemical.
- distributor
means a person who so delivers a controlled substance or a listed chemical.
- diversion control program
means the controlled substance and chemical diversion control activities of the Drug Enforcement Administration.
- drug
has the meaning given that term by section 321(g)(1) of this title.
- Drug Enforcement Administration
means the Drug Enforcement Administration in the Department of Justice.
- drug paraphernalia
means any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, possession of which is unlawful under this subchapter.
- drug product
means an active ingredient in dosage form that has been approved or otherwise may be lawfully marketed under the Food, Drug, and Cosmetic Act 1 [21 U.S.C. 301 et seq.] for distribution in the United States.
- drug, narcotic, or chemical offense
means any offense which proscribes the possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell or transfer any substance the possession of which is prohibited under this subchapter.
- eligible entity
means—
- emergency medical services
means emergency medical response and emergency mobile medical services provided outside of a fixed medical facility.
- emergency medical services agency
means an organization providing emergency medical services, including such an organization that—
- emergency medical services professional
means a health care professional (including a nurse, paramedic, or emergency medical technician) licensed or certified by the State in which the professional practices and credentialed by a medical director of the respective emergency medical services agency to provide emergency medical services within the scope of the professional’s State license or certification.
- emergency medical services vehicle
means an ambulance, fire apparatus, supervisor truck, or other vehicle used by an emergency medical services agency for the purpose of providing or facilitating emergency medical care and transport or transporting controlled substances to and from the registered and designated locations.
- employee of a qualified hospice program
means a physician, physician assistant, nurse, or other person who—
- enterprise
includes any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity.
- felony
means any Federal or State offense classified by applicable Federal or State law as a felony.
- felony drug offense
means an offense that is punishable by imprisonment for more than one year under any law of the United States or of a State or foreign country that prohibits or restricts conduct relating to narcotic drugs, marihuana, anabolic steroids, or depressant or stimulant substances.
- fentanyl-related substance
has the meaning given the term in subsection (e)(2) of schedule I of section 812(c) of this title.
- filling new prescriptions for controlled substances in schedule III, IV, or V
means filling a prescription for an individual for a controlled substance in schedule III, IV, or V, if—
- first applicable registration
means the first registration or renewal of registration by a qualified practitioner under this section that occurs on or after the date that is 180 days after December 29, 2022.
- homepage
means the opening or main page or screen of the website of an online pharmacy that is viewable on the Internet.
- hospital-based
means, with respect to an agency, owned or operated by a hospital.
- immediate precursor
means a substance—
- imminent danger to the public health or safety
means that, due to the failure of the registrant to maintain effective controls against diversion or otherwise comply with the obligations of a registrant under this subchapter or subchapter II, there is a substantial likelihood of an immediate threat that death, serious bodily harm, or abuse of a controlled substance will occur in the absence of an immediate suspension of the registration.
- import
means, with respect to any article, any bringing in or introduction of such article into any area (whether or not such bringing in or introduction constitutes an importation within the meaning of the tariff laws of the United States).
- in-person medical evaluation
means a medical evaluation that is conducted with the patient in the physical presence of the practitioner, without regard to whether portions of the evaluation are conducted by other health professionals.
- international transaction
means a transaction involving the shipment of a listed chemical across an international border (other than a United States border) in which a broker or trader located in the United States participates.
- Internet
means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected worldwide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocol to such protocol, to communicate information of all kinds by wire or radio.
- isomer
means the optical isomer, except as used in schedule I(c) and schedule II(a)(4).
- laboratory supply
means a listed chemical or any chemical, substance, or item on a special surveillance list published by the Attorney General, which contains chemicals, products, materials, or equipment used in the manufacture of controlled substances and listed chemicals.
- law enforcement officer
means a public servant authorized by law or by a Government agency or Congress to conduct or engage in the prevention, investigation, prosecution or adjudication of an offense, and includes those engaged in corrections, probation, or parole functions.
- 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:
- 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:
- listed chemical
means any list I chemical or any list II chemical.
- maintenance treatment
means the dispensing, for a period in excess of twenty-one days, of a narcotic drug in the treatment of an individual for dependence upon heroin or other morphine-like drugs.
- manufacture
means the production, preparation, propagation, compounding, or processing of a drug or other substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of such substance or labeling or relabeling of its container;
- manufacturer
means a person who manufactures a drug or other substance.
- medical director
means a physician who is registered under subsection (g) and provides medical oversight for an emergency medical services agency.
- medical oversight
means supervision of the provision of medical care by an emergency medical services agency.
- mobile retail vendor
means a person or entity that makes sales at retail from a stand that is intended to be temporary, or is capable of being moved from one location to another, whether the stand is located within or on the premises of a fixed facility (such as a kiosk at a shopping center or an airport) or whether the stand is located on unimproved real estate (such as a lot or field leased for retail purposes).
- 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:
- opioid
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.
- opium poppy
means the plant of the species Papaver somniferum L., except the seed thereof.
- playground
means any outdoor facility (including any parking lot appurtenant thereto) intended for recreation, open to the public, and with any portion thereof containing three or more separate apparatus intended for the recreation of children including, but not limited to, sliding boards, swingsets, and teeterboards.
- poppy straw
means all parts, except the seeds, of the opium poppy, after mowing.
- practice of telemedicine
means, for purposes of this subchapter, the practice of medicine in accordance with applicable Federal and State laws by a practitioner (other than a pharmacist) who is at a location remote from the patient and is communicating with the patient, or health care professional who is treating the patient, using a telecommunications system referred to in section 1395m(m) of title 42, which practice—
- practitioner
means a physician, dentist, veterinarian, scientific investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted, by the United States or the jurisdiction in which he practices or does research, to distribute, dispense, conduct research with respect to, administer, or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research.
- probable cause
means a valid public interest in the effective enforcement of this subchapter or regulations thereunder sufficient to justify administrative inspections of the area, premises, building, or conveyance, or contents thereof, in the circumstances specified in the application for the warrant.
- production
includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance.
- qualified hospice program
means a hospice program that—
- qualified practitioner
means a practitioner who—
- qualifying medical relationship
means a medical relationship that exists when the practitioner has conducted at least 1 medical evaluation with the authorized purchaser in the physical presence of the practitioner, without regard to whether portions of the evaluation are conducted by other heath 1 professionals.
- registered emergency medical services agency
means—
- registered location
means a location that appears on the certificate of registration issued to an emergency medical services agency under this subsection or subsection (g), which shall be where the agency receives controlled substances from distributors.
- regular customer
means, with respect to a regulated person, a customer with whom the regulated person has an established business relationship that is reported to the Attorney General.
- regular importer
means, with respect to a listed chemical, a person that has an established record as an importer of that listed chemical that is reported to the Attorney General.
- regulated person
means a person who manufactures, distributes, imports, or exports a listed chemical, a tableting machine, or an encapsulating machine or who acts as a broker or trader for an international transaction involving a listed chemical, a tableting machine, or an encapsulating machine.
- regulated seller
means a retail distributor (including a pharmacy or a mobile retail vendor), except that such term does not include an employee or agent of such distributor.
- regulated transaction
means—
- retail distributor
means a grocery store, general merchandise store, drug store, or other entity or person whose activities as a distributor relating to ephedrine, pseudoephedrine, or phenylpropanolamine products are limited almost exclusively to sales for personal use, both in number of sales and volume of sales, either directly to walk-in customers or in face-to-face transactions by direct sales.
- safety rest area
means a roadside facility with parking facilities for the rest or other needs of motorists.
- scheduled listed chemical product
means, subject to subparagraph (B), a product that— Each reference in clause (i) to ephedrine, pseudoephedrine, or phenylpropanolamine includes each of the salts, optical isomers, and salts of optical isomers of such chemical.
- Secretary
means the Secretary of Agriculture.
- serious bodily injury
means bodily injury which involves—
- serious drug felony
means an offense described in section 924(e)(2) of title 18 for which—
- serious violent felony
means—
- Single Convention on Narcotic Drugs
means the Single Convention on Narcotic Drugs signed at New York, New York, on March 30, 1961.
- specific State authority
means a governmental agency or other such authority, including a regional oversight and coordinating body, that, pursuant to State law or regulation, develops clinical protocols regarding the delivery of emergency medical services in the geographic jurisdiction of such agency or authority within the State that may be adopted by medical directors.
- standing order
means a written medical protocol in which a medical director determines in advance the medical criteria that must be met before administering controlled substances to individuals in need of emergency medical services.
- State
means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
- swimming pool
includes any parking lot appurtenant thereto.
- transferee
means a person to whom an importer or exporter transfers a listed chemical.
- truck stop
means a facility (including any parking lot appurtenant thereto) that— (A) has the capacity to provide fuel or service, or both, to any commercial motor vehicle (as defined in section 31301 of title 49), operating in commerce (as defined in that section);
- ultimate user
means a person who has lawfully obtained, and who possesses, a controlled substance for his own use or for the use of a member of his household or for an animal owned by him or by a member of his household.
- valid prescription
means a prescription that is issued for a legitimate medical purpose in the usual course of professional practice by—
- verbal order
means an oral directive that is given through any method of communication including by radio or telephone, directly to an emergency medical services professional, to contemporaneously administer a controlled substance to individuals in need of emergency medical services outside the physical presence of the medical director or authorizing medical professional.
- veterans benefit
means all benefits provided to veterans, their families, or survivors by virtue of the service of a veteran in the Armed Forces of the United States.
- video arcade facility
means any facility, legally accessible to persons under 18 years of age, intended primarily for the use of pinball and video machines for amusement containing a minimum of ten pinball and/or video machines.
- youth center
means any recreational facility and/or gymnasium (including any parking lot appurtenant thereto), intended primarily for use by persons under 18 years of age, which regularly provides athletic, civic, or cultural activities.