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Ken is a NJ trial attorney who has published 130 articles in national and New Jersey publications on litigation topics. He has been selected to write the new ABA book: DUI and Drug Possession Defense".

Thursday, March 08, 2018

5 TITLES II AND III OF THE COMPREHENSIVE DRUG ABUSE... Sec. 102

5 TITLES II AND III OF THE COMPREHENSIVE DRUG ABUSE... Sec. 102 
(6) Federal control of the intrastate incidents of the traffic in controlled substances is essential to the effective control of the interstate incidents of such traffic. 
(7) The United States is a party to the Single Convention on Narcotic Drugs, 1961, and other international conventions designed to establish effective control over international and domestic traffic in controlled substances. 
DEFINITIONS 
SEC. 102. ΓΈ21 U.S.C. 802¿ As used in this title: 
(1) The term ‘‘addict’’ means any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of narcotic drugs as to have lost the power of self-control with reference to his addiction. 
(2) The term ‘‘administer’’ refers to the direct application of a controlled substance to the body of a patient or research subject by— 
(A) a practitioner (or, in his presence, by his authorized agent), or 
(B) the patient or research subject at the direction and in the presence of the practitioner, 
whether such application be by injection, inhalation, ingestion, or any other means. 
(3) The term ‘‘agent’’ means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dis- penser; except that such term does not include a common or con- tract carrier, public warehouseman, or employee of the carrier or warehouseman, when acting in the usual and lawful course of the carrier’s or warehouseman’s business. 
(4) The term ‘‘Drug Enforcement Administration’’ means the Drug Enforcement Administration in the Department of Justice. 
(5) The term ‘‘control’’ means to add a drug or other substance, or immediate precursor, to a schedule under part B of this title, whether by transfer from another schedule or otherwise. 
(6) The term ‘‘controlled substance’’ means a drug or other sub- stance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this title. The term does not include distilled spir- its, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1954. 
(7) The term ‘‘counterfeit substance’’ means a controlled sub- stance which, or the container or labeling of which, without author- ization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, distributed, or dispensed such substance and which thereby falsely purports or is represented to be the product of, or to have been distributed by, such other manu- facturer, distributor, or dispenser. 
(8) The terms ‘‘deliver’’ or ‘‘delivery’’ mean the actual, construc- tive, or attempted transfer of a controlled substance or a listed chemical, whether or not there exists an agency relationship. 
(9) The term ‘‘depressant or stimulant substance’’ means— 
January 16, 2018 As Amended Through P.L. 115-91, Enacted December 12, 2017 
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