Sec. 100 TITLES II AND III OF THE COMPREHENSIVE DRUG ABUSE...
TITLE II—CONTROL AND ENFORCEMENT [1]
{{center|Part A—Short Title; Findings and Decleration; Definitions
Short title
Sec. 100. [21 U.S.C. 801 note] This title may be cited as the "Controlled Substances Act".
Findings and Decelrations
Sec. 101.[21 U.S.C. 801] The Congress makes the following findings and declarations:
(1) Many of the drugs included within this title have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the American people.
(2) The illegal importation, manufacture, distribution, and possession and improper use of controlled substances have a substantial and detrimental effect on the health and general welfare of the American people.
(3) A major portion of the traffic in controlled substances flows through interstate and foreign commerce. Incidents of the traffic which are not an integral part of the interstate or foreign flow, such as manufacture, local distribution, and possession, nonetheless have a substantial and direct effect upon interstate commerce because—
(A) after manufacture, many controlled substances are transported in interstate commerce,
(B) controlled substances distributed locally usually have been transported in interstate commerce immediately before their distribution, and
(C) controlled substances, possessed commonly flow through interstate commerce immediately prior to such possession.
(4) Local distribution and possession of controlled substances contribute to swelling the interstate traffic in such substances.
(5) Controlled substances manufactured and distributed intra-state cannot be differentiated from controlled substances manufactured and distributed interstate. Thus, it is not feasible to distinguish, in terms of controls, between controlled substances manufactured and distributed interstate and controlled substances manufactured and distributed intrastate.
- ↑ Section 4 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (42 U.S.C.
290bb–2a) provides as follows: ‘‘The Secretary of Health, Education, and Welfare, after consulta-
tion with the Attorney General and with national organizations representative of persons with
knowledge and experience in the treatment of narcotic addicts, shall determine the appropriate
methods of professional practice in the medical treatment of the narcotic addiction of various
classes of narcotic addicts, and shall report thereon from time to time to the Congress.’’.
Section 602 of Public Law 89–793 (42 U.S.C. 3402) provides as follows: ‘‘The Surgeon General and the Attorney General are authorized to give representatives of States and local subdivisions thereof the benefit of their experience in the care, treatment, and rehabilitation of narcotic ad- dicts so that each State may be encouraged to provide adequate facilities and personnel for the care and treatment of narcotic addicts in its jurisdiction.’’. Reorganization Plan No. 3 of 1966 transferred all statutory powers and functions of the Surgeon General, and other officers of the Public Health Service, to the Secretary of Health, Education, and Welfare.
Section 509(b) of the Department of Education Organization Act (20 U.S.C. 3508(b)) provides that references to the Secretary of Health, Education, and Welfare shall be deemed to refer to the Secretary of Health and Human Services.
