Controlled Substances Act (CSA)
The Controlled Substances Act (CSA) is a significant piece of legislation enacted in 1970 as part of the Comprehensive Drug Abuse Prevention and Control Act, aimed at regulating the production, distribution, and use of controlled substances in the United States. The CSA classifies these substances into five schedules based on their potential for abuse, medical utility, and safety. Schedule I drugs, such as heroin and cannabis, are deemed to have a high potential for abuse and no accepted medical use, while Schedule V drugs, like certain cough suppressants, are considered to have a lower potential for abuse and recognized medical uses.
The Drug Enforcement Administration (DEA) was established in 1973 to enforce the CSA, consolidating various federal drug control efforts under one agency. The CSA also outlines requirements for registration, record-keeping, security, and disposal of controlled substances, with penalties for violations. Over the years, the CSA has been amended to adapt to new information and public health needs, including discussions around the reclassification of cannabis amid growing acceptance of its medicinal use. The CSA underscores the importance of international treaties in shaping U.S. drug policy and its commitment to public safety.
Controlled Substances Act (CSA)
DEFINITION: The Controlled Substances Act was passed by the US Congress as part of the Comprehensive Drug Abuse Prevention and Control Act of 1970. Its purpose is to regulate the production, importation, distribution, use, exportation, and possession of certain drugs and substances.
DATE: Effective October 27, 1970
Background
Not until the 1960s did drug abuse become a major federal government issue in the United States. Before this time, drug abuse was considered mostly an unacceptable behavior. The 1960s, however, saw an escalation in drug-related crime, including the smuggling of drugs into the United States.
In response, in 1970, Congress passed the Comprehensive Drug Abuse Prevention and Control Act. The Controlled Substances Act (CSA) was part F of this law. To enforce this legislation, US president Richard M. Nixon created the Drug Enforcement Administration (DEA) in 1973. Before the establishment of the DEA, the United States had several federal agencies involved in drug regulation and control. The DEA was formed to group all drug-control activities under a single federal agency.
The DEA is responsible for achieving the mission of the CSA. Also involved in activities related to the CSA are the Department of Health and Human Services (including its National Institute on Drug Abuse, part of the National Institutes of Health) and the Food and Drug Administration (FDA), both of which help determine what substances are to be covered by the CSA.
The CSA established five schedules to classify controlled substances. Controlled substances are narcotics, hallucinogens, anabolic steroids, stimulants, and tranquilizers. Controlled substances are assigned to a schedule based on three factors: their potential for abuse, whether they have a medical use, and whether the substance can be safely used.
Schedule I drugs have no medical use, have a high potential for abuse, and have no accepted safety levels. Prescriptions cannot be written for schedule I drugs. Some examples of Schedule I drugs are cannabis, heroin, 3,4-methylenedioxymethamphetamine, lysergic acid diethylamide, mescaline, and methaqualone.
Schedule II drugs have a high potential for abuse, have either no medical use or may have a medical use in certain conditions, and have a high potential for addiction. Some examples of schedule II drugs are cocaine, opium, morphine, methamphetamine, methylphenidate, and methadone. Schedule III drugs have less potential for abuse, are used for medical treatment, and have a moderate risk for addiction. Some examples of schedule III drugs are anabolic steroids, ketamine, and dihydrocodeine.
Schedule IV drugs are much less likely to be abused, have a medical use, and are less likely to lead to addiction. Some examples of schedule IV drugs are benzodiazepines, modafinil, zolpidem, and meprobamate. Schedule V drugs are even less likely to be abused, have a medical use, and are unlikely to lead to addiction. Some examples of schedule V drugs are diphenoxylate, pregabalin, and cough suppressants with codeine.
In addition to drug schedules, the CSA has other provisions related to drug use. The CSA requires that all persons involved with drug production, distribution, possession, use, importation, and exportation be registered with the DEA. The CSA includes the specifications for storage of controlled drugs and the security for this storage. It describes the records that must be kept for the use of controlled drugs. The CSA describes how controlled drugs are to be disposed of. In addition, the CSA discusses penalties for abuse of controlled drugs, procedures for importing and exporting controlled drugs, procedures for producing controlled drugs, and the provision for the taking of the violator’s assets.
The CSA has been amended several times since 1970, to include major changes in the law and to reflect amendments of CSA rules, such as to add new drugs or substances or to change the schedule of a drug or substance based on new information. Later changes have included permitting electronic and facsimile prescriptions for schedule II drugs and limiting the amount of pseudoephedrine that may be purchased at one time. This last change requires that the purchaser present a picture identification card at the point of sale. In the 2010s, several attempts were made to convince federal courts, Congress, or the DEA to reclassify cannabis under schedule II or III, as there was increasing acceptance of its medicinal use, and its toxicity and potential for physical dependence remained lower than those of other schedule I drugs. However, the DEA maintained that its medical usefulness had not yet been sufficiently proven and documented, and that any drug without an accepted medical use must remain in schedule I regardless of abuse potential. In 2022, President Joe Biden called on the DEA to review marijuana's classification, leading to the DEA's proposal in 2024 of new rules to reclassify marijuana as a schedule III drug.
Missions and Goals
The mission of the CSA is to regulate the production, importation, use, possession, and distribution of certain drugs and substances; to enable the United States to meet its obligations under international treaties; to classify drugs according to their addiction potential and danger, and whether they have a medical use; to protect the public safety; to create a closed system of distribution for those authorized to handle controlled substances; and to identify key officials in international and national drug enforcement.
The CSA identifies the World Health Organization (WHO) as the international authority on controlled drug classification and enforcement and includes a provision to automatically add any measures requested by WHO. International treaties play a major role in the development of US drug policy.
Bibliography
"The Controlled Substances Act." DEA, www.dea.gov/drug-information/csa. Accessed 31 Jan. 2025.
"Controlled Substances Act (1970)." National Substance Abuse Index, nationalsubstanceabuseindex.org/act1970.htm. Accessed 31 Jan. 2025.
Marion, Nancy E., and Willard M. Oliver. Drugs in American Society: An Encyclopedia of History, Politics, Culture, and the Law. ABC-CLIO, 2014.
Miller, Zeke, et al. "US Poised to Ease Restrictions on Marijuana in Historic Shift, but It'll Remain Controlled Substance." AP, 30 Apr. 2024, apnews.com/article/marijuana-biden-dea-criminal-justice-pot-f833a8dae6ceb31a8658a5d65832a3b8. Accessed 31 Jan. 2025.
Ortiz, Nicole R., and Charles V. Preuss. "Controlled Substance Act." National Library of Medicine, 9 Feb. 2024, www.ncbi.nlm.nih.gov/books/NBK574544/. Accessed 31 Jan. 2025.
Steel, Brent S., editor. Science and Politics: An A-to-Z Guide to Issues and Controversies. Sage, 2014.
United States. Drug Enforcement Administration. Pharmacist’s Manual: An Informational Outline of the Controlled Substances Act. DEA, 2010.
Yeh, Brian T. Drug Offenses: Maximum Fines and Terms of Imprisonment for Violation of the Federal Controlled Substances Act and Related Laws. Congressional Research Service, 2015.