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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

Sec. 308 TITLES II AND III OF THE COMPREHENSIVE DRUG ABUSE... 60

Sec. 308 TITLES II AND III OF THE COMPREHENSIVE DRUG ABUSE... 60 
(6) That section 310(b)(3) (relating to mail order reporting) applies with respect to gamma hydroxybutyric acid to the same extent and in the same manner as such section applies with respect to the chemicals and drug products specified in sub- paragraph (A)(i) of such section. 
ORDER FORMS 
SEC. 308. ΓΈ21 U.S.C. 828¿ (a) It shall be unlawful for any per- son to distribute a controlled substance in schedule I or II to an- other 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) Nothing in subsection (a) shall apply to—
(1) the exportation of such substances from the United 
States in conformity with title III;
(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 car- riage 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 dis- posal by an ultimate user, long-term care facility, or other per- son acting in accordance with section 302(g).
(c)(1) Every person who in pursuance of an order required 
under subsection (a) distributes a controlled substance shall pre- serve such order for a period of two years, and shall make such order available for inspection and copying by officers and employ- ees 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 dis- tribution or dispensing, of controlled substances and who are au- thorized 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 Attor- ney General in blank in accordance with subsection (d) and regula- tions 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)(1) The Attorney General shall issue forms pursuant to sub- sections (a) and (c)(2) only to persons validly registered under sec- tion 303 (or exempted from registration under section 302(d)). Whenever any such form is issued to a person, the Attorney Gen- eral 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) 
January 16, 2018 As Amended Through P.L. 115-91, Enacted December 12, 2017 
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January 16, 2018