The Drug Abuse Prevention and Control Act gives the government the authority to supervise the manufacture and distribution of controlled substances. The Federal Controlled Substance Act (Substance Act) is a subdivision of the Drug Abuse Prevention and Control Act.
The Substance Act requires every individual or corporation that manufactures, distributes, or dispenses any controlled substance to register with the Attorney General annually. Types of individuals who are required to register with the Attorney General include doctors, pharmacist, and drug manufacturers.
Violators of the Substance Act are subject to criminal penalties. A fine, prison time, or both may be assessed. Violations under the Substance Act include, but are not limited to the following:
- Distribution of controlled substances that are not authorized by registration.
- Failing to keep records.
- Improper removal of seals on controlled substances.
- Use of fictitious registration numbers.
- Obtaining controlled substances by way of misrepresentation, fraud, or forgery.
A pharmacist may also be liable under the Substance Act for filling a prescription written by a doctor, if the pharmacist knew that the doctor issued it other than in the usual course of medical treatment.
Defenses
A doctor, pharmacist, or drug manufacturer may raise several different defenses if charged with violating the Substance Act. The first defense that may be raised is the good faith defense. For example, a doctor may assert this defense in claiming that he properly prescribed a controlled substance to a patient if he legitimately believed that the controlled substance and amount of the controlled substance prescribed was proper given the patient's condition.
The second defense that may be raised is a constitutional challenge to the Substance Act itself. Although unsuccessful in the attempts thus far, some have argued that the Substance Act violates the Tenth Amendment to the United States Constitution, that the Substance Act was vague, and that the punishment for violating the Substance Act constituted cruel and unusual punishment.
Penalties
Depending upon the violation under the Substance Act, the defendant may be sentenced to up to 20 years imprisonment, may be fined, or both.
Copyright 2009 LexisNexis, a division of Reed Elsevier Inc.
