42 U.S.C. § 242

Studies and investigations on use and misuse of narcotic drugs and other drugs; annual report to Attorney General; cooperation with States

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 42 CasesGoogle Scholar

(a) In carrying out the purposes of section 241 of this title with respect to drugs the use or misuse of which might result in drug abuse or dependency, the studies and investigations authorized therein shall include the use and misuse of narcotic drugs and other drugs. Such studies and investigations shall further include the quantities of crude opium, coca leaves, and their salts, derivatives, and preparations, and other drugs subject to control under the Controlled Substances Act [21 U.S.C. 801 et seq.] and Controlled Substances Import and Export Act [21 U.S.C. 951 et seq.], together with reserves thereof, necessary to supply the normal and emergency medicinal and scientific requirements of the United States. The results of studies and investigations of the quantities of narcotic drugs or other drugs subject to control under such Acts, together with reserves of such drugs, that are necessary to supply the normal and emergency medicinal and scientific requirements of the United States, shall be reported not later than the first day of April of each year to the Attorney General, to be used at his discretion in determining manufacturing quotas or importation requirements under such Acts.(b) The Surgeon General shall cooperate with States for the purpose of aiding them to solve their narcotic drug problems and shall give authorized representatives of the States the benefit of his experience in the care, treatment, and rehabilitation of narcotic addicts to the end that each State may be encouraged to provide adequate facilities and methods for the care and treatment of its narcotic addicts.(July 1, 1944, ch. 373, title III, § 302, 58 Stat. 692; Pub. L. 91–513, title II, § 701(j), Oct. 27, 1970, 84 Stat. 1282.)Editorial NotesReferences in Text

The Controlled Substances Act, referred to in subsec. (a), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables.

The Controlled Substances Import and Export Act, referred to in subsec. (a), is title III of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1285, which is classified principally to subchapter II (§ 951 et seq.) of chapter 13 of Title 21. For complete classification of this Act to the Code, see Short Title note set out under section 951 of Title 21 and Tables.

Amendments

1970—Subsec. (a). Pub. L. 91–513 inserted references to drug dependency, drugs other than narcotic drugs, and substances subject to control under the Controlled Substances Act and the Controlled Substances Import and Export Act, substituted the first day of April of each year for the first day of September of each year as the date by which the study results must be submitted, substituted the Attorney General for the Secretary of the Treasury as the officer to whom the report is to be submitted, and struck out references to the Narcotic Drugs Import and Export Act.

Statutory Notes and Related SubsidiariesChange of Name

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

Effective Date of 1970 Amendment

Amendment by Pub. L. 91–513 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 an Effective Date note under section 801 of Title 21, Food and Drugs.

Savings Provision

Amendment by Pub. L. 91–513 not to affect or abate any prosecutions for violation of law or any civil seizures or forfeitures and injunctive proceedings commenced prior to the effective date of such amendment, and all administrative proceedings pending before the Bureau of Narcotics and Dangerous Drugs on Oct. 27, 1970, to be continued and brought to final determination in accord with laws and regulations in effect prior to Oct. 27, 1970, see section 702 of Pub. L. 91–513, set out as a note under section 321 of Title 21, Food and Drugs.

Marihuana and Health Reporting

Pub. L. 91–296, title V, June 30, 1970, 84 Stat. 352, as amended by Pub. L. 95–461, § 3(a), Oct. 14, 1978, 92 Stat. 1268; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695, known as the Marihuana and Health Reporting Act, which required the Secretary of Health and Human Services, after consultation with the Surgeon General and other appropriate individuals, to transmit a report to the Congress on or before January 31, 1971, and biennially thereafter (1) containing current information on the health consequences of using marihuana, and (2) containing such recommendations for legislative and administrative action as he may deem appropriate, was repealed by Pub. L. 98–24, § 2(d), Apr. 26, 1983, 97 Stat. 182.

Executive DocumentsTransfer of Functions

Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Secretary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under section 202 of this title. Office of Surgeon General reestablished within the Office of the Assistant Secretary for Health, see Notice of Department of Health and Human Services, Office of the Assistant Secretary for Health, Mar. 30, 1987, 52 F.R. 11754.

Notes of Decisions

Cited in 12 cases (5 in the last 5 years), 1965–2025 · leading case: United States v. David W. Lanier

Sort: Relevance Newest Treatment

United States v. David W. Lanier (1996) ca6 “Today, the majority, in an opinion thoroughly lacking in indignation for the outrageous acts perpetrated by Judge Lanier, reverses Lanier’s conviction under 42 U.S.C. § 242 on the grounds that § 242 does not expressly criminalize sexual assault committed against court employees…”

State v. Baker (1975) haw · cites it 2× “[17] Marihuana and Health, Fourth Annual Report to Congress from The Secretary of Health, Education, and Welfare, DHEW Publication No.”

Driver v. Helms (1977) rid “Section 242 comes into play only if the object of the murder . . [arose from some] purpose stemming from the official position of those committing the homicide.”

Dandridge v. Police Dept. of City of Richmond (1983) vaed “The intent required is not the specific intent necessitated by the criminal statute, 42 U.S.C. § 242 , dealt with in Screws . The touchstone is merely a general intent to infringe the exercise of a specific constitutional right.”

United States v. Original Knights of the Ku Klux Klan (1965) laed “§ 241 (originally Section 6 of the Civil Rights Act of 1870, later Section 5508 of the Revised Statutes) providing criminal sanctions against conspiracies to deprive any citizen of any right secured by the Constitution and laws of the United States; and 42 U.S.C. § 242…”

Western Fher Laboratories v. Levi (1976) ca1 “While petitioners originally sought the use of a higher sales figure as a starting point, the Department of Health, Education, and Welfare (HEW) reported, as the result of its studies pursuant to its obligation under 42 U.S.C. § 242 (a), that “The use of stimulants [amphetamine,…”

Jones v. United States (2020) uscfc “Murray’s constitutional rights under § 1983’s criminal analog, 42 U.S.C. § 242 . The plaintiffs may be precluded from relitigating the same civil rights allegations rejected by the district court, but it is unclear why the similarity in subject matter between the 31 two…”

Farr v. United States Government (2023) ksd “§ 1983 , 42 U.S.C. § 242 , 42 U.S.C. § 1985 ; and includes other various federal and state law claims related to her senatorial campaigns against Senator James Inhofe in 2020 and 2022.”

Bush v. Fantasia (2022) mad “First, 42 U.S.C. § 242 (Count V) and 18 U.S.C. § 1001 (Count VI) are federal criminal statutes that do not provide private rights of action.”

Harmon v. Waggoner (2025) nvd “§ 241 ), and Count 3 (alleging a violation 6 of 42 U.S.C. § 242 ) be DISMISSED with prejudice because Plaintiff can state no cause of action 7 based on an alleged violation of these statutes.”

Harmon v. Waggoner (2025) nvd “27 IT IS FURTHER RECOMMENDED that Plaintiff’s Count 1 (alleging a violation of 42 1 of 42 U.S.C. § 242 ) be DISMISSED with prejudice because Plaintiff can state no cause of action 2 based on an alleged violation of these statutes.”

Byron Harmon v. Brett Waggoner, et al. (2025) nvd “§ 241 ), and Count 3 (alleging a violation of 24 42 U.S.C. § 242 ); Plaintiff’s ultra vires claims asserted against Nye County and Pahrump 25 Township; and Plaintiff’s Trespass on Rights to Liberty and Property claim.”

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.