Comprehensive Drug Abuse Prevention and Control Act of 1970

Title I: Rehabilitation

• Authorized the Department of Health, Education and Welfare (HEW) to increase its programs of rehabilitation, treatment and prevention of drug abuse by:
• Amending the Community Mental Health Centers Act (Title II of PL 88-164) to increase authorizations for funds for community facilities for treatment of narcotics addicts and drug dependent persons by $75-million for fiscal 1971, 1972 and 1973 (to $40-million from $30-million for 1971; to $60-million from $35-million for 1972; to $80-million from $40-million for 1973).
• Amending PL 88-164 to authorize $29-million for drug abuse education projects for fiscal 1971, 1972 and 1973 ($3-million for 1971; $12-million for 1972, and $14-million for 1973).
• Amending PL 88-164 to authorize $85-million for grants in fiscal 1971, 1972 and 1973 for special projects in the treatment and rehabilitation of addicts and drug dependent persons ($20-million for 1971; $30-million for 1972, $35-million for 1973).
• Amending the Public Health Service Act (PL 78-410) to expand the direct patient care authority of the Department of HEW to include drug dependent persons as well as addicts, to grant the secretary of HEW new authority to protect the privacy of drug research subjects and to define “drug dependent person.”
• Authorized the secretary of HEW, after consultation with the attorney general and professional organizations, to report to Congress on appropriate and legal methods of professional practice in the medical treatment of narcotics addicts.

Title II: Control Enforcement

• Authorized the Bureau of Narcotics and Dangerous Drugs in fiscal 1971 to add at least 300 agents to its existing enforcement staff, and authorized an annual appropriation of $6-million for that purpose, beginning in fiscal 1971.
• Vested authority for the control of the dangerous substances specified in the title in the attorney general, empowered him to add, remove or transfer substances to, from or between categories (schedules), but required him to seek, and be bound by, the advice of the secretary of HEW before placing a substance under control or removing it from control.
• Classified drugs to be controlled into five schedules to be updated regularly. The schedules were based on the degree of abuse potential, the known effect or harmfulness and level of accepted medical use. Heroin, marijuana, LSD (lysergic acid diethylamide), mescaline and peyote were classified under Schedule I, which included substances with a high potential for abuse and no accepted medical use in the United States. Methadone, used in drug treatment programs as a substitute for heroin, and liquid injectable methamphetamine (“speed”) were classified under Schedule II, which included substances with a high potential for abuse and a restricted medical use. Most other amphetamines and barbiturates were classified under Schedule III, which included substances with currently accepted medical uses and lower physical dependence than the drugs in Schedules I and II (although high potential psychological dependence).
• Authorized the attorney general to adopt rules for the registration and control of the manufacture, distribution and dispensing of substances classified as controlled, and to set production quotas for the amount of substances in Schedules I and II to be produced each year.
• Revised the entire penalty structure for unlawful manufacture, distribution, dispensing or possession or the intent to manufacture, distribute or dispense a controlled substance or counterfeit. All mandatory minimum sentences were eliminated except for professional criminals.
• Provided that possession of a controlled substance by a first offender, for his own use, be treated as a misdemeanor punishable by up to one year in prison and a fine of up to $5,000 or both.
• Provided that anyone 18 or older who distributed a controlled substance to someone under 21 should receive twice the authorized penalty for that offense.
• Provided that any professional criminal trafficking in drugs should receive a mandatory minimum sentence of 10 years and a maximum fine of $100,000 for a first offense and a minimum term of 20 years and a maximum fine of $200,000 for a second.
• Provided that the penalty for distributing a small amount of marijuana for no remuneration be the same as that for mere possession.
• Authorized special sentencing procedures under which special dangerous drug offenders could be given more severe sentences—up to 25 years and not disproportionate in severity to the usual prescribed penalty for their offense. Defendants who might be found—in a special postconviction hearing—to fall into this category included a person convicted of a third serious drug offense, or an organized crime figure.
• Authorized the attorney general to carry out educational and research programs directly related to the enforcement of drug laws.
• Provided for search warrants which specifically allowed enforcement officers to enter without notice (“no knock”) premises to be searched—if there was probable cause to believe that the property sought would be destroyed or someone's life or safety endangered if notice were given.
• Created a Commission on Marijuana and Drug Abuse to report to Congress, within one year, on marijuana, and, within two years, on the causes of drug abuse.
• Authorized $60-million for the Justice Department in fiscal 1972, $70-million in 1973 and $90-million in 1974 to carry out the provisions of Title II.

Title III: Import and Export

• Established a unified system of controls over the importation and exportation of dangerous substances listed in the act. No Schedule I or II substance or any narcotic drug in Schedules III, IV or V could be imported without the special consent of the attorney general. No narcotic drug in Schedules I, II, III or IV, or other controlled substance in Schedules I or II could be exported without a permit from the attorney general.
• Provided stricter supervision over the importation and exportation of depressant and stiumlant drugs.
• Revised the penalty structure for violations of these control laws, eliminating mandatory minimum sentences.

Title IV: Advisory Councils Report

• Directed the secretary of HEW to report annually—to the Senate Committee on Labor and Public Welfare and the House Committee on Interstate and Foreign Commerce—on activities of all advisory councils set up by the Public Health Service Act (PL 78-410) or the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 (PL 88-164).