Controlled Substances Penalties Amendments Act of 1984

Disclosure of the Act

The Controlled Substances Penalties Amendments Act was authored as two chapters entitled Controlled Substances Penalties and Diversion Control Amendments. The H.R. 5656 bill was passed on September 18, 1984 as the Dangerous Drug Diversion Control Act of 1984. The 98th U.S. Congressional session confirmed the drug enforcement legislation with a 392-1 majority vote endorsing the Controlled Substances Penalties Amendments.

Part A — Controlled Substances Penalties

This chapter is cited as the Controlled Substances Penalties Amendments Act of 1984

Distribution In or Near Schools

(a) Any person who violates by distributing a controlled substance in or on, or within 1,000 feet (300 m) of, the real property comprising a public or private elementary school or secondary school is punishable. (b) Any person who violates by distributing a controlled substance in or on, or within 1,000 feet (300 m) of, the real property comprising a public or private elementary or secondary school after a prior conviction or convictions have become final is punishable. (c) In the case of any sentence imposed, imposition or execution of such sentence shall not be suspended and probation shall not be granted. An individual convicted shall not be eligible for parole under section 4202 of Title 18 of the United States Code until the individual has served the minimum sentence required. Controlled Substances Import and Export Act is amended and redesignated —

Part B — Diversion Control Amendments

(a) This part is cited as the Dangerous Drug Diversion Control Act of 1984 (b) Whenever an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Controlled Substances Act, and whenever an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Controlled Substances Import and Export Act. (a) Section 102 (21 U.S.C. 802) is amended by redesignating paragraphs (14) through (29) as paragraphs (15) through (30), respectively, and by adding after paragraph (13) the following: (b) Paragraph (17) of section 102 is amended to read as follows: (c) Paragraph (a)(4) of schedule II is amended by inserting after "coca leaves" the first time it appears the following: "(including cocaine and ecgonine and their salts, isomers, derivatives, and salts of isomers and derivatives)" Section 201(g) (21 U.S.C. 811(g)) is amended by adding at the end the following: Section 302(a) (21 U.S.C. 822(a)) is amended to read as follows: Section 303(f) (21 U.S.C. 823(f)) is amended to read as follows: Separate registration under this part for practitioners engaging in research with controlled substances in schedule 11, III, IV, or V, who are already registered under this part in another capacity, shall not be required. Registration applications by practitioners wishing to Research and conduct research with controlled substances in schedule I shall be development, referred to the Secretary, who shall determine the qualifications and competency of each practitioner requesting registration, as well as the merits of the research protocol. The Secretary, in determining the merits of each research protocol, shall consult with the Attorney General as to effective procedures to adequately safeguard against diversion of such controlled substances from legitimate medical or scientific use. Registration for the purpose of bona fide research with controlled substances in schedule I by a practitioner deemed qualified by the Secretary may be denied by the Attorney General only on a ground specified in section 304(a). Article 7 of the Convention on Psychotropic Substances shall not be construed to prohibit, or impose additional restrictions upon, research involving drugs or other substances scheduled under the convention which is conducted in conformity with this subsection and other applicable provisions of this title. Section 304 (21 U.S.C. 824) is amended by adding at the end the following: Section 307(c)(1)(A) (21 U.S.C. 827(C)(1)(A)) is amended to read as follows: Section 307(c)(1)(B) (21 U.S.C. 827(c)(1)(B)) is amended to read as follows: Section 307 (21 U.S.C. 827) is further amended by adding at the end a new subsection (g) as follows: Section 403(a)(2) (21 U.S.C. 843(a)(2)) is amended to read as follows: Section 1002(b)(2) (21 U.S.C 952(b)(2)) is amended to read as follows: Section 1003(e) (21 U.S.C. 953(e)) is amended to read as follows: Section 1008 (21 U.S.C. 958) is amended respectively, and —