U.S. Code » Title 21 » Chapter CHAPTER 13— DRUG ABUSE PREVENTION AND CONTROL › Subchapter SUBCHAPTER I— CONTROL AND ENFORCEMENT › Part Part E— Administrative and Enforcement Provisions

21 U.S.C. § 871

Attorney General

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(a) Delegation of functions

The Attorney General may delegate any of his functions under this subchapter to any officer or employee of the Department of Justice.

(b) Rules and regulations

The Attorney General may promulgate and enforce any rules, regulations, and procedures which he may deem necessary and appropriate for the efficient execution of his functions under this subchapter.

(c) Acceptance of devises, bequests, gifts, and donations

The Attorney General may accept in the name of the Department of Justice any form of devise, bequest, gift, or donation where the donor intends to donate property for the purpose of preventing or controlling the abuse of controlled substances. He may take all appropriate steps to secure possession of such property and may sell, assign, transfer, or convey any such property other than moneys.

(Pub. L. 91–513, title II, § 501, Oct. 27, 1970, 84 Stat. 1270.)Editorial NotesReferences in Text

This subchapter, referred to in subsecs. (a) and (b), was in the original “this title”, meaning title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, and is popularly known as the “Controlled Substances Act”. For complete classification of title II to the Code, see second paragraph of Short Title note set out under section 801 of this title and Tables.

Notes of Decisions
Cited in 48 cases (6 in the last 5 years), 1975–2025 · leading case: Gonzales v. Oregon
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Gonzales v. Oregon (2006) scotus · cites it 2× “V); and (2) "The Attorney General may promulgate and enforce any rules, regulations, and procedures which he may deem necessary and appropriate for the efficient execution of his functions under this subchapter," 21 U.S.C. § 871 (b). As is evident from these sections, Congress…”
United States v. Daniel Touby, United States of America v. Lyrissa Touby (1990) ca3 · cites it 4× “In 1973, pursuant to 21 U.S.C. § 871 (a), the Attorney General promulgated a regulation subdelegating performance of the functions delegated to him by Congress under the CSA to the DEA Administrator.”
United States v. Jack Edgar Burnes (1987) ca9 · cites it 2× “In fact, under 21 U.S.C. § 871 (a), the Attorney General is authorized to “delegate any of his functions under [the Act] to any officer or employee of the Department of Justice.”
Schneller v. Crozer Chester Medical Center (2010) ca3 “See 21 U.S.C. § 871 . There is no basis for civil liability arising out of this statute.”
Hemp Industries Association v. DEA (2022) cadc “100 (b); see also 21 U.S.C. § 871 (a) (permitting delegation).”
Consumer Financial Protection Bureau v. ITT Educational Services, Inc. (2015) insd · cites it 2× “, 21 U.S.C. § 871 (a) (permitting the Attorney General to “delegate any of his functions [under the Controlled Substances Act] to any officer or employee of the Department of Justice”).”
Touby v. United States (1991) scotus “" 21 U. S. C. § 871 (a). We have interpreted § 501(a) to permit the delegation of any function vested in the Attorney General under the Act unless a specific limitation on that delegation authority appears elsewhere in the statute.”
Oregon v. Ashcroft (2004) ca9 · cites it 3× “21 U.S.C. § 871 (b). Third, although the Ashcroft Directive contradicts former Attorney General Reno’s 1998 statement, the Ashcroft Directive is not inconsistent with any legislative rule.”
United States v. $2,500 in United States Currency, in Rem-Appellant (1982) ca2 “It authorizes the Attorney General to accept donations in the name of the Department of Justice “for the purpose of preventing or controlling the abuse of controlled substances,” § 501(c), 21 U.S.C. § 871 (c) (1976), and to carry out education and research programs on deterrent…”
United States v. William Waldo Emerson, United States of America v. Scott Wollman, United States of America v. Bruce Ehr (1988) ca9 · cites it 2× “In 1973, pursuant to authority granted by 21 U.S.C. § 871 (a) (1970), the Attorney General delegated the performance of his functions under the Controlled Substances Act to the Administrator.”
United States v. Golden Valley Electric Association (2012) ca9 “See 21 U.S.C. § 871 (a) (“The Attorney General may delegate any of his functions under this subchapter to any officer or employee of the Department of Justice.”
United States v. Garry Jordan (1987) cadc “100 (b) (1986); see 21 U.S.C. § 871 (a) (1982) (Attorney General may delegate functions).”
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— 21 U.S.C. § 871(a) — 1 case
Federal Bureau of Investigation Participation in Wire Interceptions in Cases Where It Lacks Investigative Responsibility (1981) olc
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