Controlled Substance Registrant Protection Act

A controlled substance is defined as a drug whose use and possession is regulated by law. Every pharmacy, hospital, drug distributor, and drug manufacturer, and various other individuals who work with drugs must register with the Drug Enforcement Administration (DEA) as a Controlled Substance Registrant. Controlled Substance Registrants are well known targets for drug theft. In an attempt to thwart this problem, the Controlled Substance Registrant Protection Act was passed by the U.S. Congress on May 31, 1984. This act was developed to nationally standardize and increase penalties for the robbery or theft of controlled substances from registrants, particularly pharmacists. Prior to the enforcement of the Controlled Substance Registrant Protection Act, the theft of controlled substances from pharmacists or hospitals was not considered to be a federal crime. This act succeeded in federally criminalizing a controlled substance theft.

Before the enforcement of the Controlled Substance Registrant Protection Act, the penalty for controlled substance theft was not standardized and varied by state. Oftentimes criminals of such offenses were dealt relatively weak and inconsistent sentences.

The lack of consistent penalties led to a poor deterrent effect of controlled substance laws. Such laws failed to deter criminals from controlled substance crimes, which posed a greater risk of bodily injury and property damage to registrants of controlled substances (i.e., pharmacists, hospitals, clinics, medical practitioners, controlled substance manufacturers, controlled substance researchers, and laboratories). There have been cases in which robbery, burglary, and assault of pharmacists and other controlled substance registrants resulted in injury or death. Pharmacists lobbied to bring national attention to this societal problem. In an effort to minimize controlled substance thefts, which would reduce risks for registrants, harsher nationally standardized penalties were created by the Controlled Substance Registrant Protection Act.

The Controlled Substance Registrant Protection Act mandates an obligatory federal investigation for specific controlled substance related crimes. Federal investigation ensues when any of the following criteria are met: (1) the crime involves the theft or robbery of a controlled substance that is valued at $500 or greater; (2) the controlled substance registrant (or another person) is injured or killed during the process of the controlled substance theft or robbery; or (3) interstate or international commerce is involved in the controlled substance related crime or planning of the crime. When the act was established in 1984, the first criterion required the value of the controlled substance to be $5,000 or more. However, since many controlled substance thefts were valued far under $5,000, pharmacists fought to lower the barrier of federal investigation to a value of $500. This amendment to the act allowed for a federal investigation in the majority of controlled substance thefts and robberies. The criteria set by the Controlled Substance Registrant Protection Act successfully developed a federal response to any controlled substance theft or robbery.

There are also a detailed set of criminal sentences specified by the Controlled Substance Registrant Protection Act. These sentences succeeded in establishing a national precedent for the theft or robbery of a controlled substance. The criminal penalties outlined in the Controlled Substance Registrant Protection Act include (1) 20 years in jail and/or a $25,000 fine for the robbery or burglary [Page 166]of a controlled substance, (2) 25 years in jail and/or a $35,000 fine for the use of a dangerous weapon during the controlled substance related crime, and (3) life in prison and/or a $50,000 fine if someone is killed during the controlled substance related crime. These sentences are thought to have contributed to the subsequent reduction of controlled substance theft and robbery from registrants.

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