79 STAT. ]
PUBLIC LAW 89-74-JULY 15, 1%5
227
^ers safety on the highways (without distinction of interstate and intrastate traffic thereon) and otherwise has become a threat to the public health and safety, making additional regulation of such drugs necessary regardless of the intrastate or interstate origin of such drugs; that in order to make regulation and protection of interstate commerce in such drugs effective, regulation of intrastate commerce is also necessary because, among other things, such drugs, when held for illicit sale, often do not bear labeling showing their place of origin and because in the form in which they are so held or in which they are consumed a determination of their place of origin is often extremely difficult or impossible; and that regulation of interstate commerce without the regulation of intrastate commerce in such drugs, as provided in this Act, would discriminate against and adversely affect interstate commerce in such drugs. CONTROL OF DEPRESSANT AND STIMULANT DRUGS
SEC, 3. (a) Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end thereof the sastat. iwo. following: " (v) The term 'depressant or stimulant drug' means— "Depressant or "(1) any drug which contains any quantity of (A) barbituric ^t^"""^^"* drug." acid or any of the salts of barbituric acid; or (B) any derivative of barbituric acid which has been designated by the Secretary under section 502(d) as habit forming; 21 USC 35:2. "(2) any drug which contains any quantity of (A) amphetamine or any of its optical isomers; (B) any salt of amphetamine or any salt of an optical isomer of amphetamine; or (C) any substance which the Secretary, after investigation, has found to be, and by regulation designated as, habit forming because of its stimulant effect on the central nervous system; or "(3) any drug which contains any quantity of a substance which the Secretary, after investigation, has found to have, and by regulation designates as having, a potential for abuse because of its depressant or stimulant effect on the central nervous system or its hallucinogenic effect; except that the Secretary shall not designate under this paragraph, or under clause (C) of subparagraph (2), any substance that is now included, or is hereafter included, within the classifications stated in section 4731, and marDiuana as defined in section 4761, of the Internal Revenue Code of 1954 (26 U.S.C. 4731, 4761). esA Stat. 557, The provisions of subsections (e), (f), and (g) of section 701 shall ^^^2 ILu^ioss]' apply to and govern proceedings for the issuance, amendment, or 70 Stat. 919. repeal of regulations under subparagraph (2)(C) or (3) of this 21 USC 371. paragraph." (b) Chapter V of such Act (21 U.S.C. chap. 9, subch. V) is amended 21 USC 35 i-seo. by adding at the end thereof the following new section:
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