National
Substance Abuse index
›› Amendments to the 1970 Controlled Substances Act
Since its enactment in 1970, the Controlled Substances Act has been amended several times:
This act created mechanisms allowing the Federal Government to add substances to the Schedules of controlled substances under the Convention of Controlled Substances (UN treaty designed to control the illegal trade in psychoactive substances)
Under this law the Secretary of Health and Human Services was given the power to make scheduling recommendations binding on the U.S. representative in negotiations related to drug scheduling before the UN Commission on Narcotic Drugs.
This act strengthened the penalties under the Comprehensive Drug Abuse
Prevention and Control Act of 1970. It removed ambiguity in the existing
law, providing that a state felony conviction for drugs would trigger more
severe penalties for recidivists; further it provided that a Foreign drug
felony conviction would have the same effect. The 1984 legislation also doubled
the penalties for distribution of controlled substances when committed on
or within 1,000 feet of school property.
Implemented new provisions required by the “United Nations Convention
Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of
1988” [Treaty Text] The act regulates precursor chemicals, and manufacturing
equipment (specifically tablet making and encapsulating machines). Further
the law imposed record keeping and import/export reporting on these materials.
Before these restrictions were in place, the U.S. had been the main source
of chemicals used in cocaine manufacture in South America. According to the
DEA, the Act sharply reduced precursor exports. At this point cocaine manufacturers
began purchasing chemicals from suppliers outside the U.S. The U.S. Government
in turn lobbied successfully for inclusion of chemical controls in the UN
Trafficking Convention
The DCDCA requires registration of distributors of single entity ephedrine
products. Ephedrine is a methamphetamine precursor that had been readily
available because of its many legitimate uses. The DCDCA made it possible
for the DEA to deny or revoke a company’s registration without proof of criminal
intent. (Statute)
A somewhat controversial addition to the Controlled Substances Act, designed to combat Designer Drugs. It provide that any substance "substantially similar" to an illegal drug (in Schedule I or II) will be treated as if it were also in Schedule I. (only if it is intended for human consumption) (Statute)
