U.S. Code » Title 21 » Chapter CHAPTER 13— DRUG ABUSE PREVENTION AND CONTROL › Subchapter SUBCHAPTER I— CONTROL AND ENFORCEMENT › Part Part C— Registration of Manufacturers, Distributors, and Dispensers of Controlled Substances

21 U.S.C. § 828

Order forms

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(a) Unlawful distribution of controlled substances

It shall be unlawful for any person to distribute a controlled substance in schedule I or II to another except in pursuance of a written order of the person to whom such substance is distributed, made on a form to be issued by the Attorney General in blank in accordance with subsection (d) and regulations prescribed by him pursuant to this section.

(b) Nonapplicability of provisionsNothing in subsection (a) shall apply to—(1) the exportation of such substances from the United States in conformity with subchapter II;(2) the delivery of such a substance to or by a common or contract carrier for carriage in the lawful and usual course of its business, or to or by a warehouseman for storage in the lawful and usual course of its business; but where such carriage or storage is in connection with the distribution by the owner of the substance to a third person, this paragraph shall not relieve the distributor from compliance with subsection (a); or(3) the delivery of such a substance for the purpose of disposal by an ultimate user, long-term care facility, or other person acting in accordance with section 822(g) of this title.(c) Preservation and availability(1) Every person who in pursuance of an order required under subsection (a) distributes a controlled substance shall preserve such order for a period of two years, and shall make such order available for inspection and copying by officers and employees of the United States duly authorized for that purpose by the Attorney General, and by officers or employees of States or their political subdivisions who are charged with the enforcement of State or local laws regulating the production, or regulating the distribution or dispensing, of controlled substances and who are authorized under such laws to inspect such orders.(2) Every person who gives an order required under subsection (a) shall, at or before the time of giving such order, make or cause to be made a duplicate thereof on a form to be issued by the Attorney General in blank in accordance with subsection (d) and regulations prescribed by him pursuant to this section, and shall, if such order is accepted, preserve such duplicate for a period of two years and make it available for inspection and copying by the officers and employees mentioned in paragraph (1) of this subsection.(d) Issuance(1) The Attorney General shall issue forms pursuant to subsections (a) and (c)(2) only to persons validly registered under section 823 of this title (or exempted from registration under section 822(d) of this title). Whenever any such form is issued to a person, the Attorney General shall, before delivery thereof, insert therein the name of such person, and it shall be unlawful for any other person (A) to use such form for the purpose of obtaining controlled substances or (B) to furnish such form to any person with intent thereby to procure the distribution of such substances.(2) The Attorney General may charge reasonable fees for the issuance of such forms in such amounts as he may prescribe for the purpose of covering the cost to the United States of issuing such forms, and other necessary activities in connection therewith.(e) Unlawful acts

It shall be unlawful for any person to obtain by means of order forms issued under this section controlled substances for any purpose other than their use, distribution, dispensing, or administration in the conduct of a lawful business in such substances or in the course of his professional practice or research.

(Pub. L. 91–513, title II, § 308, Oct. 27, 1970, 84 Stat. 1259; Pub. L. 111–273, § 3(b), Oct. 12, 2010, 124 Stat. 2860.)Editorial NotesReferences in Text

Schedules I and II, referred to in subsec. (a), are set out in section 812(c) of this title.

Amendments

2010—Subsec. (b)(3). Pub. L. 111–273 added par. (3).

Statutory Notes and Related SubsidiariesEffective Date

Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 704 of Pub. L. 91–513, set out as a note under section 801 of this title.

Notes of Decisions
Cited in 21 cases (3 in the last 5 years), 1972–2023 · 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× “…Second 580. “Control” is regularly used in this ordinary sense elsewhere in part C of the sub-chapter. See, e.g., 21 U.S.C. §§828 (a)(1), (b)(1), (d)(1), (e)(1), (h)(1) (“maintenance of effective controls against diversion”); §§ 823(a)(5), (d)(5) (“establishment of…”
Murray v. Giarratano, 492 U.S. 1 (1989). · cites it 2× “4394, codified at 21 U. S. C. §§ 828 (q)(5), (q)(6) (1988 ed.”
State v. Udin, 419 A.2d 251 (R.I. 1980). · cites it 6× “” 9 One of the measures that Congress adopted to effectuate that system is 21 U.S.C.A. § 828 , which authorizes the United States Attorney General to issue order forms and which also governs the use and preservation of such forms.”
United States v. Xiulu Ruan, 966 F.3d 1101 (11th Cir. 2020). “04 (a), (h)(2), (h)(4); see 21 U.S.C. § 828 . Access to the PDMP database is limited.”
Joseph Edward Rich, M.D. v. Tennessee Bd. of Med. Examiners, 350 S.W.3d 919 (Tenn. 2011). “14(6)(c) and (e)(3) of the Official Compila *926 tion of the Rules and Regulations of the State of Tennessee and 21 U.S.C. § 828 (g)(1). However, upon determining that the Board was required by Tennessee Code Annotated section 63-6-214(g) to articulate the applicable standard of…”
United States v. Charles Larue King, 485 F.2d 353 (10th Cir. 1973). · cites it 2× “’ * * Counsel also argues that the Government’s evidence failed to negate the exception contained in 21 U.S.C. § 828 (a) which provides that it is unlawful to actually distribute a controlled substance, except pursuant to a written order form provided by the Attorney General.”
United States v. Lazaro Modesto Delgado, 4 F.3d 780 (9th Cir. 1993). “” The statutory language requires that the defendant “occup[y] a position of organizer, a supervisory position, or any other position of management____” 21 U.S.C. § 828 (c)(2)(A). Jerome reads the phrase “or any other position of management” to mean that “an ‘organizer’ must…”
United States v. Timothy Rand Smith, 757 F.2d 1161 (11th Cir. 1985). “Purchasing as an agent for another was a defense under that statute regardless of the intent of the agent.”
United States v. Albert Puco, 476 F.2d 1099 (2d Cir. 1973). “We wish to compliment appellant’s assigned counsel, Jay Goldberg, for his excellent briefs and argument. . Both provisions were repealed, effective May 1, 1971, by the Comprehensive Drug Abuse Prevention and Control Act § 1101 (b)(3)(A), (4) (A), 84 Stat.”
United States v. Barbacoff, 416 F. Supp. 606 (D.D.C. 1976). “§ 842 (a)(5), 21 U.S.C. § 828 (c)(2), 21 U.S.C. § 842 (a)(1), 21 C.”
United States v. Thomas W. Moore, Jr., 505 F.2d 426 (D.C. Cir. 1975). “§ 827 (e)(1)(A) (excepting registrants from the requirement of making certain records and reports with respect to narcotics prescribed or administered “by a practitioner in the lawful course of his professional practice”); § 308(e), 21 U.S.C. § 828 (e) (“unlawful for any person…”
United States v. Bozo Kelava & Mile Kodzoman, 610 F.2d 479 (7th Cir. 1979). “The Government promptly obtained a new indictment alleging the same sale of narcotics both as a violation of the order form provision, § 4705(a), and as a violation of former 26 U.”
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