U.S. Code » Title 21 » Chapter CHAPTER 13— DRUG ABUSE PREVENTION AND CONTROL › Subchapter SUBCHAPTER I— CONTROL AND ENFORCEMENT › Part Part A— Introductory Provisions

21 U.S.C. § 801a

Congressional findings and declarations: psychotropic substances

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The Congress makes the following findings and declarations:(1) The Congress has long recognized the danger involved in the manufacture, distribution, and use of certain psychotropic substances for nonscientific and nonmedical purposes, and has provided strong and effective legislation to control illicit trafficking and to regulate legitimate uses of psychotropic substances in this country. Abuse of psychotropic substances has become a phenomenon common to many countries, however, and is not confined to national borders. It is, therefore, essential that the United States cooperate with other nations in establishing effective controls over international traffic in such substances.(2) The United States has joined with other countries in executing an international treaty, entitled the Convention on Psycho­tropic Substances and signed at Vienna, Austria, on February 21, 1971, which is designed to establish suitable controls over the manufacture, distribution, transfer, and use of certain psychotropic substances. The Convention is not self-executing, and the obligations of the United States thereunder may only be performed pursuant to appropriate legislation. It is the intent of the Congress that the amendments made by this Act, together with existing law, will enable the United States to meet all of its obligations under the Convention and that no further legislation will be necessary for that purpose.(3) In implementing the Convention on Psychotropic Substances, the Congress intends that, consistent with the obligations of the United States under the Convention, control of psychotropic substances in the United States should be accomplished within the framework of the procedures and criteria for classification of substances provided in the Comprehensive Drug Abuse Prevention and Control Act of 1970 [21 U.S.C. 801 et seq.]. This will insure that (A) the availability of psychotropic substances to manufacturers, distributors, dispensers, and researchers for useful and legitimate medical and scientific purposes will not be unduly restricted; (B) nothing in the Convention will interfere with bona fide research activities; and (C) nothing in the Convention will interfere with ethical medical practice in this country as determined by the Secretary of Health and Human Services on the basis of a consensus of the views of the American medical and scientific community.(Pub. L. 95–633, title I, § 101, Nov. 10, 1978, 92 Stat. 3768; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)Editorial NotesReferences in Text

This Act, referred to in par. (2), is Pub. L. 95–633, Nov. 10, 1978, 92 Stat. 2768, as amended, known as the Psychotropic Substances Act of 1978, which enacted sections 801a, 830, and 852 of this title, amended sections 352, 802, 811, 812, 823, 827, 841 to 843, 872, 881, 952, 953, and 965 of this title and section 242a of Title 42, The Public Health and Welfare, repealed section 830 of this title effective Jan. 1, 1981, and enacted provisions set out as notes under sections 801, 801a, 812, and 830 of this title. For complete classification of this Act to the Code, see Short Title of 1978 Amendment note set out under section 801 of this title and Tables.

The Comprehensive Drug Abuse Prevention and Control Act of 1970, referred to in par. (3), is Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1236, which is classified principally to this chapter [§ 801 et seq.]. For complete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables.

Codification

Section was enacted as a part of the Psychotropic Substances Act of 1978, and not as a part of the Controlled Substances Act which comprises this subchapter.

Statutory Notes and Related SubsidiariesChange of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in par. (3) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

Effective Date

Pub. L. 95–633, title I, § 112, Nov. 10, 1978, 92 Stat. 3774, provided that: “This title [enacting this section and section 852 of this title, amending sections 352, 802, 811, 812, 823, 827, 872, 952, and 953 of this title and section 242a of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under sections 801 and 812 of this title] and the amendments made by this title shall take effect on the date the Convention on Psychotrop­ic Substances, signed at Vienna, Austria on February 21, 1971, enters into force in respect to the United States.” [The Convention entered into force in respect to the United States on July 15, 1980.]

Notes of Decisions
Cited in 12 cases, 1981–2020 · leading case: Gonzales v. Oregon, 546 U.S. 243 (2006).
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Gonzales v. Oregon, 546 U.S. 243 (2006). · cites it 2× “21 U.S.C. § 801a(3). It did so to ensure that "nothing in the Convention will interfere with ethical medical practice in this country as determined by [the Secretary] on the basis of a consensus of the views of the American medical and scientific community.”
In Re: State Question No. 807, Initiative Petition No. 423, 2020 OK 57 (Okla. 2020). · cites it 3× “See 21 U.S.C. § 801a (2018). In support of his argument, Petitioner cites old decisions of the United States Supreme Court that struck down state laws inconsistent with U.”
O Centro Espirita Beneficiente Uniao Do Vegetal v. Ashcroft, 389 F.3d 973 (10th Cir. 2004). · cites it 4× “See 21 U.S.C. § 801a(l) (“Abuse of psychotropic substances has become a phenomenon common to many countries .”
O Centro Espirita Beneficiente Uniao Do Vegetal v. Ashcroft, 342 F.3d 1170 (10th Cir. 2003). · cites it 2× “See 21 U.S.C. § 801a(l) (“Abuse of psychotropic substances has become a phenomenon common to many countries .”
State v. Atchley, 142 Wash. App. 147 (Wash. Ct. App. 2007). “(citing 21 U.S.C. § 801a(2); RCW 69.50.203; State v.”
Hernandez v. Ciba-Geigy Corp. USA, 200 F.R.D. 285 (S.D. Tex. 2001). “” 21 U.S.C. § 801a(2). Since legislation implementing the Convention states that it is not self-executing, the Plaintiffs have no standing to bring a claim under the UN Convention.”
Repub. of France v. Moghadam, 617 F. Supp. 777 (N.D. Cal. 1985). “This court acknowledges that detrimental effects can be caused by drug transportation across the borders of a country and such effects can be inferred from Congressional intent to cooperate with other nations in controlling international traffic in drugs, 21 U.S.C. § 801a(l),…”
United States v. Mauricio Londono-Villa, 930 F.2d 994 (2d Cir. 1991). “9725, see 21 U.S.C. § 801a, an international accord intended to promote coordinated in *999 ternational efforts to combat drug trafficking, and stated that the Act gave recognition to, inter alia, the facts that “[a] major portion of the traffic in controlled substances flows…”
State v. Hanson, 138 Wash. App. 322 (Wash. Ct. App. 2007). · cites it 2× “21 U.S.C. § 801a(2); RCW 69.50.203; Martin, 14 Wn.”
State v. Atchley, 173 P.3d 323 (Wash. Ct. App. 2007). “3d 438 (citing 21 U.S.C. § 801a(2); RCW 69.50.203; State v.”
United States v. Feld, 514 F. Supp. 283 (E.D.N.Y 1981). “See also the Convention on Psychotropic Substances signed at Vienna, Austria, on February 21, 1971; 21 U.S.C. § 801a.”
United States v. Bonfant, 660 F. Supp. 509 (D.P.R. 1987). · cites it 2× “9725, signed at Vienna, Austria, on February 21, 1971, and entered in force in United States on July 15, 1980, see 21 U.S.C. § 801a; Psychotropic Substances Act of 1978, P.”
— 21 U.S.C. § 801a(2) — 4 cases
State v. Atchley, 142 Wash. App. 147 (Wash. Ct. App. 2007). “(citing 21 U.S.C. § 801a(2); RCW 69.50.203; State v.”
Hernandez v. Ciba-Geigy Corp. USA, 200 F.R.D. 285 (S.D. Tex. 2001). “” 21 U.S.C. § 801a(2). Since legislation implementing the Convention states that it is not self-executing, the Plaintiffs have no standing to bring a claim under the UN Convention.”
State v. Hanson, 138 Wash. App. 322 (Wash. Ct. App. 2007). “21 U.S.C. § 801a(2); RCW 69.50.203; Martin, 14 Wn.”
State v. Atchley, 173 P.3d 323 (Wash. Ct. App. 2007). “3d 438 (citing 21 U.S.C. § 801a(2); RCW 69.50.203; State v.”
— 21 U.S.C. § 801a(3) — 1 case
Gonzales v. Oregon, 546 U.S. 243 (2006). “21 U.S.C. § 801a(3). It did so to ensure that "nothing in the Convention will interfere with ethical medical practice in this country as determined by [the Secretary] on the basis of a consensus of the views of the American medical and scientific community.”
— 21 U.S.C. § 801a(l) — 4 cases
O Centro Espirita Beneficiente Uniao Do Vegetal v. Ashcroft, 389 F.3d 973 (10th Cir. 2004). “See 21 U.S.C. § 801a(l) (“Abuse of psychotropic substances has become a phenomenon common to many countries .”
O Centro Espirita Beneficiente Uniao Do Vegetal v. Ashcroft, 342 F.3d 1170 (10th Cir. 2003). “See 21 U.S.C. § 801a(l) (“Abuse of psychotropic substances has become a phenomenon common to many countries .”
Repub. of France v. Moghadam, 617 F. Supp. 777 (N.D. Cal. 1985). “This court acknowledges that detrimental effects can be caused by drug transportation across the borders of a country and such effects can be inferred from Congressional intent to cooperate with other nations in controlling international traffic in drugs, 21 U.S.C. § 801a(l),…”
United States v. Bonfant, 660 F. Supp. 509 (D.P.R. 1987). “9725, signed at Vienna, Austria, on February 21, 1971, and entered in force in United States on July 15, 1980, see 21 U.S.C. § 801a; Psychotropic Substances Act of 1978, P.”
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