Uniform Controlled Substances Act

The Uniform Controlled Substances Act was drafted by the United States Department of Justice in 1969^[1] and promulgated in 1970 by the National Conference of Commissioners on Uniform State Laws while the federal Controlled Substances Act was being drafted. Modeled after the federal Act, the uniform act established a drug scheduling system. There are three versions: the original 1970 version and two revisions, 1990 and 1994. The versions while different, are similar in many of their provisions. The acts of the adopting jurisdictions will, therefore, generally contain many provisions common to all of those versions. Thus, it is often difficult to say with certitude that a jurisdiction has adopted one version of the act rather than another. Nevertheless, every state other than Vermont and New Hampshire has adopted some version of the uniform act.^[2] Rufus B. King, counsel to United States Congress committees, notes that "it is provided that the state authorities must designate, reschedule, or delete substances whenever notified of such federal action unless they invoke an elaborate notice-and-hearing procedure to resist the federal ruling".^[1] Thus, the Uniform Act completes a top-down system of control in which drug policy originates through the international legislative process of treatymaking and United Nations Commission on Narcotic Drugs scheduling decisions and is automatically implemented through Controlled Substances Act provisions requiring federal scheduling of internationally controlled drugs, and Uniform Controlled Substances Act provisions requiring state scheduling of federally controlled drugs.

References

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[King-1] The 1970 Act: Don't Sit There, Amend Something

[2] Ala. Code §§ 20–2–1 to 20–2–93 (1975) Alaska Stat. §§ 11.71.010 to 11.71.900, 17.30.010 to 17.30.900 (1962) Ariz.Rev.Stat.Ann. §§ 36–2501 to 36–2553 (1956) Ark.Stat.Ann. §§ 5–64–101 to 5–64–906 Cal. Health & Safety Code §§ 11000 to 11651 (1975) Colo.Rev.Stat. §§ 12–22–301 to 12–22–322 (1985) Conn.Gen.Stat.Ann. §§ 21a–240 to 21a–308 (1987) Del. Code Ann. tit. 16, §§ 4701 to 4796 (1983) D.C. Code Ann. §§ 33–501, to 33–567 (1981) Fla.Stat.Ann. §§ 893.1–893.15 (1976) Ga. Code Ann. §§ 16–13–20 to 16–13–56 Haw.Rev.Stat. §§ 329–1 to 329–58 (1985) Idaho Code §§ 37–2701 to 37–2751 (1977) Ill.Ann.Stat. ch. 56 ½, ¶ 1100 to 1603 (Smith–Hurd 1985) Ind. Code Ann. §§ 35–48–1–1 to 35–48–4–14 (Burns 1985) Iowa Code Ann. §§ 204.101 to 204.602 (1987) Kan.Stat.Ann. §§ 65–4101 to 65–4140 (1985) Ky.Rev.Stat.Ann. §§ 218A.010 to 218A.990 (Michie 1982) La.Rev.Stat.Ann. §§ 40:961 to 40:995 (1977) Me.Rev.Stat.Ann. tit. 17–A §§ 1101 to 1116, tit. 22, §§ 2361 to 2387 (1983) Mass.Gen.Laws Ann. Ch. 94C, §§ 1 to 48 (1985) Mich.Comp.Laws Ann. §§ 333.7101 to 333.7545 (1980) Minn.Stat.Ann §§ 152.01 to 152.20 (1988) Miss. Code Ann. §§ 41–29–101 to 41–29–185 (1972) Mo.Rev.Stat. §§ 195.010 to 195.320 (1968) Mont.Code Ann. §§ 50–32–101 to 50–32–405 (1987) Neb.Rev.Stat. §§ 28–401 to 28–445 (1943) Nev.Rev.Stat. §§ 453.011 to 453.361 (1986) N.J.Stat.Ann §§ 24:21–1 to 24:21–53 (1988) N.M.Stat.Ann. §§ 30–31–1 to 30–31–41 (1978) N.Y.Pub.Health §§ 3300–3396 (1987) N.C.Gen.Stat. §§ 90–86 to 90–113.8 (1987) N.D.Cent.Code §§ 19–03.1–01 to 19–03.1–43 (1981) Ohio Rev. Code Ann. §§ 3719.01 to 3719.99 (1980) Oka.Stat.Ann. tit. 63 §§ 2–101 to 2–610 (1984) Or.Rev.Stat. §§ 475.005 to 475.285, 475.992 to 475.995 (1987) Pa.Stat.Ann. tit. 35, §§ 780–101 to 780–144 (1977) R.I.Gen.Laws §§ 21–28–1.01 to 21–28–6.02 (1956) S.C. Code Ann. §§ 44–53–110 to 44–53–590 (1976) S.D. Codified Laws Ann. §§ 34–20B–1 to 34–20B–114 (1986) Tenn. Code Ann. §§ 39–6–401 to 39–6–419, 53–11–301 to 53–11–414 (1983) Tex. Code Ann. §§ 4476–15 (Vernon 1976) Utah Code Ann. §§ 58–37–1 to 58–37–19 (1953) Va. Code Ann. §§ 54–524.1 et seq. (1950) Wash.Rev.Code §§ 69.50–101 to 69.50–607 (1985) W.Va. Code §§ 60A–1–101 to 60A–6–605 (1984) Wis.Stat.Ann. §§ 161.001 to 161.62 (1986) Wyo.Stat. §§ 35–7–1001 to 35–7–1057 (1977).

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Uniform Controlled Substances Act

See also

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