Editing Controlled Substances Act (section)

==History==
{{Regulation of therapeutic goods in the United States}}

The nation first outlawed addictive drugs in the early 1900s and the [[International Opium Convention]] helped lead international agreements regulating trade.<ref>{{cite web |url=http://www.deamuseum.org/museum_ida.html |title=Illegal Drugs in America: A Modern History |website=DEA Museum & Visitors Center |archive-url=https://web.archive.org/web/20041204213309/http://www.deamuseum.org/museum_ida.html |archive-date=December 4, 2004}}</ref><ref>{{cite book |contribution-url=http://www.druglibrary.org/schaffer/library/studies/canadasenate/vol3/chapter19_hague.htm |title=Public Policy Options |url=http://www.druglibrary.org/schaffer/library/studies/canadiansenate/vol2_table_of_contents.htm |series=Canadian Senate Special Committee on Illegal Drugs |volume=3 |contribution=The 1912 Hague International Opium Convention |publisher=Schaffer Library of Drug Policy }}{{Dead link|date=March 2023 |bot=InternetArchiveBot |fix-attempted=yes}}</ref><ref>{{cite web |url=http://www.druglibrary.org/schaffer/history/ophs.htm |last=Musto |first=David F. |title=History of Legislative Control Over Opium, Cocaine, and Their Derivatives |website=Schaffer Library of Drug Policy }}</ref> The [[Pure Food and Drug Act]] (1906) was the beginning of over 200 laws concerning public health and consumer protections.<ref>{{cite web |url=https://www.fda.gov/RegulatoryInformation/Legislation/default.htm |archive-url=https://web.archive.org/web/20090531213346/http://www.fda.gov/RegulatoryInformation/Legislation/default.htm |url-status=dead |archive-date=May 31, 2009 |title=Legislation |website=U.S. Food and Drug Administration |date=July 2, 2015}}</ref> Others were the [[Federal Food, Drug, and Cosmetic Act]] (1938), and the [[Kefauver Harris Amendment]] of 1962.<ref>{{cite web |url=http://rx-wiki.org/index.php?title=Medical_Device_Amendments |title=Medical Device Amendments |access-date=December 30, 2012 |website=Rx-wiki |publisher=Parsons Printing Press}}</ref>

In 1969, [[President of the United States|President]] [[Richard Nixon]] announced that the [[United States Attorney General|Attorney General]], [[John N. Mitchell]], was preparing a comprehensive new measure to more effectively meet the narcotic and dangerous drug problems at the federal level by combining all existing federal laws into a single new statute. With the help of [[White House Counsel]] head, [[John Dean]]; the executive director of the [[Shafer Commission]], [[Michael Sonnenreich]]; and the Director of the [[BNDD]], John Ingersoll creating and writing the legislation, Mitchell was able to present Nixon with the bill.<ref>{{cite book |url=https://books.google.com/books?id=a_kBBAAAQBAJ&q=michael+sonnenreich&pg=PT275|title=Strength of the Pack: The Personalities, Politics and Espionage Intrigues|access-date=May 13, 2018|publisher=Douglas Valentine|isbn=9781936296910|date=November 15, 2010}}</ref>

The CSA not only combined existing federal drug laws and expanded their scope, but it also changed the nature of federal drug law policies and expanded [[Federal law enforcement in the United States|federal law enforcement]] pertaining to controlled substances.
Title II, Part F of the [[Comprehensive Drug Abuse Prevention and Control Act of 1970]] established the [[National Commission on Marijuana and Drug Abuse]]<ref>{{citation |author=91st United States Congress |author-link=91st United States Congress |chapter=Part F—Advisory Commission: Establishment of Commission on Marihuana and Drug Abuse |title=An Act to amend the Public Health Service Act and other laws to provide increased research, into, and prevention of, drug abuse and drug dependence; to provide for treatment and rehabilitation of drug abusers and drug dependent persons; and to strengthen existing law enforcement authority in the field of drug abuse |date=1970 |pages=1280–1281 |publisher=U.S. Government Publishing Office |chapter-url=https://www.gpo.gov/fdsys/granule/STATUTE-84/STATUTE-84-Pg1236/content-detail.html |postscript=.}} {{USStatute|91|513|84|1236|1970|10|27}}</ref>—known as the Shafer Commission after its chairman, [[Raymond P. Shafer]]—to study [[cannabis (drug)|cannabis]] abuse in the United States.<ref name=":1">{{cite report |url=https://archive.org/details/druguseinamerica0000unse_r6o8 |title=Drug Use In America: Problem In Perspective, Second Report of the National Commission on Marihuana and Drug Abuse |author=National Commission on Marihuana and Drug Abuse |author-link=Shafer Commission |date=March 1973 |page=13 |quote="[D]rug abuse may refer to any type of drug or chemical without regard to its pharmacologic actions. It is an eclectic concept having only one uniform connotation: societal disapproval. The Commission believes that the term drug abuse must be deleted from official pronouncements and public policy dialogue. The term has no functional utility and has become no more than an arbitrary codeword for that drug use which is presently considered wrong." |access-date=February 9, 2025}}</ref> During his presentation of the commission's First Report to Congress, Sonnenreich and Shafer recommended the [[decriminalization]] of marijuana in small amounts, with Shafer stating,
{{Blockquote|[T]he criminal law is too harsh a tool to apply to personal possession even in the effort to discourage use. It implies an overwhelming indictment of the behavior which we believe is not appropriate. The actual and potential harm of use of the drug is not great enough to justify intrusion by the criminal law into private behavior, a step which our society takes only with the greatest reluctance.<ref>{{Cite web|url=http://norml.org/component/zoo/category/celebrating-35-years-of-failed-pot-policies|title=NORML - Working to Reform Marijuana Laws|website=norml.org|language=en-us|access-date=2018-05-15|archive-url=https://web.archive.org/web/20180515183741/http://norml.org/component/zoo/category/celebrating-35-years-of-failed-pot-policies|archive-date=May 15, 2018|url-status=dead}}</ref>}}

Rufus King notes that this stratagem was similar to that used by [[Harry Anslinger]] when he consolidated the previous anti-drug treaties into the Single Convention and took the opportunity to add new provisions that otherwise might have been unpalatable to the international community.<ref name="dontsit">{{cite book |chapter-url=http://www.druglibrary.net/special/king/dhu/dhu28.htm |chapter=The 1970 Act: Don't Sit There, Amend Something |last=King |first=Rufus |title=The Drug Hang Up, America's Fifty-Year Folly |url=http://www.druglibrary.net/special/king/dhu/dhumenu.htm |publisher=Schaffer Library of Drug Policy}}</ref> According to David T. Courtwright, "the Act was part of an omnibus reform package designed to rationalize, and in some respects to liberalize, American drug policy." (Courtwright noted that the Act became, not [[Libertarianism|libertarian]], but instead repressionistic to the point of tyrannical in its intent; a cruel and/or arbitrary exercise of power). It eliminated mandatory minimum sentences and provided support for drug treatment and research.<ref>{{cite journal |title=The Controlled Substances Act: how a "big tent" reform became a punitive drug law |last=Courtwright |first=David T. |date=October 5, 2004 |journal=Drug and Alcohol Dependence |volume=76 |issue=1 |pages=9–15 |pmid=15380284 |doi=10.1016/j.drugalcdep.2004.04.012}}</ref>

King notes that the rehabilitation clauses were added as a compromise to [[Harold Hughes|Senator Harold Hughes]], who favored a moderate approach. The bill, as introduced by Senator [[Everett Dirksen]], ran to 91 pages. While it was being drafted, the [[Uniform Controlled Substances Act]], to be passed by state legislatures, was also being drafted by the [[United States Department of Justice|Department of Justice]]; its wording closely mirrored the Controlled Substances Act.<ref name="dontsit"/>

===Amendments, 1970–2018===
Since its enactment in 1970, the Act has been amended numerous times:
# The 1976 [[Medical Device Regulation Act]].<ref>{{cite web |title=S.510 - An Act to amend the Federal Food, Drug, and Cosmetic Act to provide for the safety and effectiveness of medical devices intended for human use, and for other purposes |website=Congress.Gov |date=May 28, 1976 |publisher=Library of Congress |url=https://www.congress.gov/bill/94th-congress/senate-bill/510/ |access-date=August 31, 2016 }}</ref>
# The [[Psychotropic Substances Act (United States)|Psychotropic Substances Act]] of 1978 added provisions implementing the [[Convention on Psychotropic Substances]].<ref>{{cite web |title=S.2399 - Psychotropic Substances Act |website=Congress.Gov |date=November 10, 1978 |publisher=Library of Congress |url=https://www.congress.gov/bill/95th-congress/senate-bill/2399/ |access-date=August 31, 2016 }}</ref>
# The [[Controlled Substances Penalties Amendments Act of 1984]].
# The 1986 [[Federal Analog Act]] for chemicals "substantially similar" in Schedule I and II to be listed
# The 1988 [[Chemical Diversion and Trafficking Act]] (implemented August 1, 1989, as Article 12) added provisions implementing the [[United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances]] that went into force on November 11, 1990.
# The 1990 [[Anabolic Steroids Control Act of 1990|Anabolic Steroids Control Act]], passed as part of the [[Crime Control Act of 1990]], which placed [[anabolic steroids]] into Schedule III<ref>Steven B. Karch. ''Pathology, Toxicogenetics, and Criminalistics of Drug Abuse''. CRC Press, 2007 {{ISBN|9781420054569}}</ref>{{rp|30}}
# The 1993 Domestic Chemical Diversion and Control Act (effective on April 16, 1994) in response to [[methamphetamine]] trafficking.
# The Hillory J. Farias and Samantha Reid Date-Rape Prevention Act of 2000 placed gamma hydroxybutyrate (GHB) in Schedule I and sodium oxybate (the isolated sodium salt in GHB) in Schedule III when used under an FDA NDA or IND.
# The 2008 Ryan Haight Online Pharmacy Consumer Protection Act<ref>{{cite wikisource |title=Ryan Haight Online Pharmacy Consumer Protection Act of 2008 |year=2009}}
</ref>
# The 2010 Electronic Prescriptions for Controlled Substances (EPCS).
# The [https://www.govinfo.gov/content/pkg/PLAW-112publ144/pdf/PLAW-112publ144.pdf 2012 Synthetic Drug Abuse Prevention Act Subtitle D] - synthetic drugs, added several Markush like statements that describes synthetic cannabinoid chemical space that are also controlled as Schedule 1 substances. However, since then many new synthetic cannabinoids not covered by this act have emerged
# The 2010 Secure and Responsible Drug Disposal Act (effective on October 12, 2010), to allow pharmacies to operate [[Collection of unused drugs|take-back programs]] for controlled substance medications in response to the US [[opioid epidemic]].<ref>{{cite web |title=S.3397 - 111th Congress (2009-2010): Secure and Responsible Drug Disposal Act of 2010 |website=Congress.Gov |date=October 12, 2010 |publisher=Library of Congress |url=https://www.congress.gov/bill/111th-congress/senate-bill/3397 |access-date=March 26, 2019}}</ref>
# The 2017 Protecting Patient Access to Emergency Medications Act (PPAEMA) amended Section 33 of the CSA to include DEA registration for Emergency Medical Service (EMS) agencies, approved uses of standing orders, and requirements for the maintenance and administration of controlled substances used by EMS agencies.<ref>{{Cite web|url=https://www.cdc.gov/phlp/publications/topic/briefs/ema/index.html|title=CDC - The Protecting Patient Access to Emergency Medications Act of 2017 - Publications by Topic - Public Health Law|date=February 22, 2019|website=www.cdc.gov|language=en-us|access-date=April 24, 2019}}</ref>
# In 2018 the act was also [https://www.ecfr.gov/current/title-21/chapter-II/part-1308/subject-group-ECFRf62f8e189108c4d/section-1308.11#p-1308.11(h)(i) amended to describe and control all chemical space related to Fentanyl like chemicals] using Markush like notation, the first time Markush like statement were directly used in the act itself