
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC829]

 
                        TITLE 21--FOOD AND DRUGS
 
              CHAPTER 13--DRUG ABUSE PREVENTION AND CONTROL
 
                  SUBCHAPTER I--CONTROL AND ENFORCEMENT
 
 Part C--Registration of Manufacturers, Distributors, and Dispensers of 
                          Controlled Substances
 
Sec. 829. Prescriptions


(a) Schedule II substances

    Except when dispensed directly by a practitioner, other than a 
pharmacist, to an ultimate user, no controlled substance in schedule II, 
which is a prescription drug as determined under the Federal Food, Drug, 
and Cosmetic Act [21 U.S.C. 301 et seq.], may be dispensed without the 
written prescription of a practitioner, except that in emergency 
situations, as prescribed by the Secretary by regulation after 
consultation with the Attorney General, such drug may be dispensed upon 
oral prescription in accordance with section 503(b) of that Act [21 
U.S.C. 353(b)]. Prescriptions shall be retained in conformity with the 
requirements of section 827 of this title. No prescription for a 
controlled substance in schedule II may be refilled.

(b) Schedule III and IV substances

    Except when dispensed directly by a practitioner, other than a 
pharmacist, to an ultimate user, no controlled substance in schedule III 
or IV, which is a prescription drug as determined under the Federal 
Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.], may be dispensed 
without a written or oral prescription in conformity with section 503(b) 
of that Act [21 U.S.C. 353(b)]. Such prescriptions may not be filled or 
refilled more than six months after the date thereof or be refilled more 
than five times after the date of the prescription unless renewed by the 
practitioner.

(c) Schedule V substances

    No controlled substance in schedule V which is a drug may be 
distributed or dispensed other than for a medical purpose.

(d) Non-prescription drugs with abuse potential

    Whenever it appears to the Attorney General that a drug not 
considered to be a prescription drug under the Federal Food, Drug, and 
Cosmetic Act [21 U.S.C. 301 et seq.] should be so considered because of 
its abuse potential, he shall so advise the Secretary and furnish to him 
all available data relevant thereto.

(Pub. L. 91-513, title II, Sec. 309, Oct. 27, 1970, 84 Stat. 1260.)

                       References in Text

    The Federal Food, Drug, and Cosmetic Act, referred to in subsecs. 
(a), (b), and (d), is act June 25, 1938, ch. 675, 52 Stat. 1040, as 
amended, which is classified generally to chapter 9 (Sec. 301 et seq.) 
of this title. For complete classification of this Act to the Code, see 
section 301 of this title and Tables.
    Schedules II, III, IV, and V, referred to in subsecs. (a) to (c), 
are set out in section 812(c) of this title.


                  Effect of Scheduling on Prescriptions

    Pub. L. 101-647, title XIX, Sec. 1902(c), Nov. 29, 1990, 104 Stat. 
4852, provided that: ``Any prescription for anabolic steroids subject to 
refill on or after the date of enactment of the amendments made by this 
section [Nov. 29, 1990] may be refilled without restriction under 
section 309(a) of the Controlled Substances Act (21 U.S.C. 829(a)).''

                  Section Referred to in Other Sections

    This section is referred to in sections 842, 902 of this title.
