The information on this page is an attempt to clarify the issue in Title 21 of the United States Code, that address the section/s that concern the Cannabis plants, most notable is "Cannabis Sativa L. AKA "Marijuana". The left-hand side will be the actual statute, the right-hand side will be my summary based on years of research as to the issue of legal and illegal status as compared to state laws and the U.S. Constitution. As "federal laws" are covered under the supremacy clause on the HOME page, it appears that the Federal Statute, US Title 21 USC, does take priority, and "in my opinion" some state laws are in direct conflict.
The NOTE marks in the statute will be refranced in the summary.
Title 21 United States Code (USC) Controlled Substances Act
Section 801. Congressional Findings and Declarations: Controlled Substances
The Congress makes the following findings and declarations:
(1) Many of the drugs included within this subchapter have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the American people.
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.
Short Title of 1988 Amendment.
Pub.L. 100-690, Title VI, Section 6001, Nov. 18, 1988, 102 Stat. 4312, provided that: "This title [enacting sections 844a,
Part B -- Authority to Control; Standards and Schedules
Section 811. Authority and Criteria for Classification of Substances
(a) Rules and regulations of Attorney General;
The Attorney General shall apply the provisions of this subchapter to the controlled substances listed in the schedules established by section 812 of this title and to any other drug or other substance added to such schedules under this subchapter. Except as provided in subsections (d) and (e) of this section, the Attorney General may by rule--.....(2) remove any drug or other substance from the schedules if he finds that the drug or other substance does not meet the requirements for inclusion in any schedule.
Title 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I — CONTROL AND ENFORCEMENT
Part A — Introductory Provisions
Section 802. Definitions
As used in this subchapter:
(16) The term "marihuana"means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin.
Such term does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.
Part D — Offenses And Penalties
§844. Penalties for simple possession
(a) Unlawful acts; penalties
It shall be unlawful for any person knowingly or intentionally to possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner, while acting in the course of his professional practice, ….......
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