* This message forwarded from private area of Rich Woods
  * Original message dated 31 Dec 96  09:55:21, from "  Ray Dunegan" 
 
 Apparently-to: rich.woods@245.genesplicer.org
From: "  Ray Dunegan" 
Date: Tue, 31 Dec 1996 12:55:21 -0500
below are sections of the law being used by Bill and Janet to supersede
state laws, it looks like the old
Federal Zone trap of prima facie law.
note the definitions.
    21 USC Sec. 802
 
-EXPCITE-
    TITLE 21
    CHAPTER 13
    SUBCHAPTER I
    Part A
 
-HEAD-
    Sec. 802. Definitions
 (26) The term 'State' means any State, territory, or possession
    of the United States, the District of Columbia, the Commonwealth of
    Puerto Rico, the Trust Territory of the Pacific Islands, and the
    Canal Zone.
      (27) The term 'ultimate user' means a person who has lawfully
    obtained, and who possesses, a controlled substance for his own use
    or for the use of a member of his household or for an animal owned
    by him or by a member of his household.
      (28) The term 'United States', when used in a geographic sense,
    means all places and waters, continental or insular, subject to the
    jurisdiction of the United States.-EXPCITE-
    TITLE 21
    CHAPTER 13
    SUBCHAPTER I
    Part C
 
-HEAD-
    Sec. 822. Persons required to register
 
-STATUTE-
    (a) Period of registration
      (1) Every person who manufactures or distributes any controlled
    substance, or who proposes to engage in the manufacture or
    distribution of any controlled substance, shall obtain annually a
    registration issued by the Attorney General in accordance with the
    rules and regulations promulgated by him.
      (2) Every person who dispenses, or who proposes to dispense, any
    controlled substance, shall obtain from the Attorney General a
    registration issued in accordance with the rules and regulations
    promulgated by him.  The Attorney General shall, by regulation,
    determine the period of such registrations.  In no event, however,
    shall such registrations be issued for less than one year nor for
    more than three years.
    (b) Authorized activities
      Persons registered by the Attorney General under this subchapter
    to manufacture, distribute, or dispense controlled substances are
    authorized to possess, manufacture, distribute, or dispense such
    substances (including any such activity in the conduct of research)
    to the extent authorized by their registration and in conformity
    with the other provisions of this subchapter.
    (c) Exceptions
      The following persons shall not be required to register and may
    lawfully possess any controlled substance under this subchapter:
        (1) An agent or employee of any registered manufacturer,
      distributor, or dispenser of any controlled substance if such
      agent or employee is acting in the usual course of his business
      or employment.
        (2) A common or contract carrier or warehouseman, or an
      employee thereof, whose possession of the controlled substance is
      in the usual course of his business or employment.
        (3) An ultimate user who possesses such substance for a purpose
      specified in section 802(25) (FOOTNOTE 1) of this title.
       (FOOTNOTE 1) See References in Text note below.
    (d) Waiver
      The Attorney General may, by regulation, waive the requirement
    for registration of certain manufacturers, distributors, or
    dispensers if he finds it consistent with the public health and
    safety.
    (e) Separate registration
      A separate registration shall be required at each principal place
    of business or professional practice where the applicant
    manufactures, distributes, or dispenses controlled substances.
    (f) Inspection
      The Attorney General is authorized to inspect the establishment
    of a registrant or applicant for registration in accordance with
    the rules and regulations promulgated by him.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 302, Oct. 27, 1970, 84 Stat. 1253;
    Pub. L. 98-473, title II, Sec. 510, Oct. 12, 1984, 98 Stat. 2072.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      This subchapter, referred to in subsecs. (b) and (c), was in the
    original 'this title', meaning title II of Pub. L. 91-513, Oct. 27,
    1970, 84 Stat. 1242, as amended, and is popularly known as the
    'Controlled Substances Act'. For complete classification of title
    II to the Code, see second paragraph of Short Title note set out
    under section 801 of this title and Tables.
      Section 802(25) of this title, referred to in subsec. (c)(3), was
    redesignated section 802(26) of this title by Pub. L. 98-473, title
    II, Sec. 507(a), Oct. 12, 1984, 98 Stat. 2071, and was further
    redesignated section 802(27) of this title by Pub. L. 99-570, title
    I, Sec. 1003(b)(2), Oct. 27, 1986, 100 Stat. 3207-6.
 
-MISC2-
                                 AMENDMENTS
      1984 - Subsec. (a). Pub. L. 98-473 designated existing provisions
    as par. (1), struck out provisions relating to dispensing
    controlled substances, and added par. (2).
                          PROVISIONAL REGISTRATION
      Section 703 of Pub. L. 91-513, as amended by Pub. L. 99-514, Sec.
    2, Oct. 22, 1986, 100 Stat. 2095, provided that:
      '(a)(1) Any person who -
        '(A) is engaged in manufacturing, distributing, or dispensing
      any controlled substance on the day before the effective date of
      section 302 (this section), and
        '(B) is registered on such day under section 510 of the Federal
      Food, Drug, and Cosmetic Act (section 360 of this title) or under
      section 4722 of the Internal Revenue Code of 1986 (formerly
      I.R.C. 1954, section 4722 of Title 26),
    shall, with respect to each establishment for which such
    registration is in effect under any such section, be deemed to have
    a provisional registration under section 303 (section 823 of this
    title) for the manufacture, distribution, or dispensing (as the
    case may be) of controlled substances.
      '(2) During the period his provisional registration is in effect
    under this section, the registration number assigned such person
    under such section 510 (section 360 of this title) or under such
    section 4722 (section 4722 of Title 26) (as the case may be) shall
    be his registration number for purposes of section 303 of this
    title (section 823 of this title).
      '(b) The provisions of section 304 (section 824 of this title),
    relating to suspension and revocation of registration, shall apply
    to a provisional registration under this section.
      '(c) Unless sooner suspended or revoked under subsection (b), a
    provisional registration of a person under subsection (a)(1) of
    this section shall be in effect until -
        '(1) the date on which such person has registered with the
      Attorney General under section 303 (section 823 of this title) or
      has had his registration denied under such section, or
        '(2) such date as may be prescribed by the Attorney General for
      registration of manufacturers, distributors, or dispensers, as
      the case may be,
    whichever occurs first.'
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 827, 828, 880, 958, 965
CITE-
    21 USC Sec. 823
 
-EXPCITE-
    TITLE 21
    CHAPTER 13
    SUBCHAPTER I
    Part C
 
-HEAD-
    Sec. 823. Registration requirements
 
-STATUTE-
    (a) Manufacturers of controlled substances in schedule I or II
      The Attorney General shall register an applicant to manufacture
    controlled substances in schedule I or II if he determines that
    such registration is consistent with the public interest and with
    United States obligations under international treaties,
    conventions, or protocols in effect on May 1, 1971. In determining
    the public interest, the following factors shall be considered:
        (1) maintenance of effective controls against diversion of
      particular controlled substances and any controlled substance in
      schedule I or II compounded therefrom into other than legitimate
      medical, scientific, research, or industrial channels, by
      limiting the importation and bulk manufacture of such controlled
      substances to a number of establishments which can produce an
      adequate and uninterrupted supply of these substances under
      adequately competitive conditions for legitimate medical,
      scientific, research, and industrial purposes;
        (2) compliance with applicable State and local law;
        (3) promotion of technical advances in the art of manufacturing
      these substances and the development of new substances;
        (4) prior conviction record of applicant under Federal and
      State laws relating to the manufacture, distribution, or
      dispensing of such substances;
        (5) past experience in the manufacture of controlled
      substances, and the existence in the establishment of effective
      control against diversion; and
        (6) such other factors as may be relevant to and consistent
      with the public health and safety.
    (b) Distributors of controlled substances in schedule I or II
      The Attorney General shall register an applicant to distribute a
    controlled substance in schedule I or II unless he determines that
    the issuance of such registration is inconsistent with the public
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