(a) The Administrator of DEA is authorized—
(1) To release information obtained by DEA and DEA investigative reports to Federal, State, and local officials engaged in the enforcement of laws related to controlled substances.
(2) To release information obtained by DEA and DEA investigative reports to Federal, State, and local prosecutors, and State licensing boards, engaged in the institution and prosecution of cases before courts and licensing boards related to controlled substances.
(3) To authorize the testimony of DEA officials in response to subpoenas or demands issued by the prosecution in Federal, State, or local criminal cases involving controlled substances.
(b) Except as provided in paragraph (a) of this section, all other production of information or testimony of DEA officials in response to subpoenas or demands of courts or other authorities is governed by subpart B of part 16 of this chapter. However, it should be recognized that subpart B is not intended to restrict the release of noninvestigative information and reports as deemed appropriate by the Administrator of DEA. For example, it does not inhibit the exchange of information between governmental officials concerning the use and abuse of controlled substances as provided for by section 503(a)(1) of the Controlled Substances Act (21 U.S.C. 873(a)(1)).
[Order No. 520-73, 38 FR 18380, July 10, 1973, as amended by Order No. 2614-2002, 67 FR 58990, Sept. 19, 2002]
Notes of Decisions
Cited in
3
cases, 1977–2018 · leading case:
State v. Clark, 752 S.E.2d 907 (W. Va. 2013).
State v. Clark, 752 S.E.2d 907 (W. Va. 2013).
· cites it 5× “§ 876 1 by providing sufficient evidence that the requested information was material and relevant to a drug-related investigation, and 2) whether the DEA properly released and/or shared that information with members of the Huntington Police Department (“HPD”) who were required…”
Burley v. United States Drug Enf't Admin., 443 F. Supp. 619 (M.D. Tenn. 1977).
“28 C.F.R. § 0.103 (1976) provides: (a) The Administrator of DEA is authorized— (1) To release information obtained by DEA and DEA investigative reports to Federal, State, and local officials engaged in the enforcement of laws related to controlled substances.”
In re Nat'l Prescription Opiate Litig., 325 F. Supp. 3d 833 (N.D. Ohio 2018).
“For instance, federal regulations permit the DEA to release information it obtains "to Federal, State, and local officials" only if they are engaged in "the enforcement of laws related to controlled substances" or "the institution and prosecution of cases before courts and…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.