Dangerous Drug Diversion Control Act

[Page 185]The Dangerous Drug Diversion Control Act (DDDCA; 21 U.S.C. Sec. 811(h)) of 1984 was the first chief revision of the various rules and regulations found within the Controlled Substances Act and the Controlled Substances Import and Export Act, both of which were ratified in 1970. The new law focused on the diversion of prescription drugs onto the black market, as well as the misuse of drugs designed by pharmaceutical companies. This was not the first instance of Congress trying to address the problem. In 1970 legislators tried to tackle the problem with the Comprehensive Act, which acknowledged that legal drugs were being sold illicitly, adding that up to 70 percent of drug abuse came from diversion. However, this did not solve the problem as the distribution of prescription drugs (up to 90 percent) occurred at the practitioner level.

In order to reduce diversion, Congressional leaders altered the Controlled Substances Act. One primary change was that the attorney general was granted greater authority to withhold a license to practice medicine if the individual in question was thought to be a risk to the public. In addition, the attorney general could suspend or completely shelve a registration if the state in which the medical professional will practice deems it necessary to withhold such registration. The attorney general could also approve grants to the states in tandem with its antidiversion program.

Before 1984, the government's reach was limited and it could only take away a doctor's registration for three reasons: (1) If the individual had fallaciously written a prescription, (2) if the individual was charged and convicted of a crime centering on any controlled substance, and (3) if the individual's license to practice medicine was taken away, rejected, and/or suspended.

The procedures for keeping control over a drug are both intricate and lengthy and thus, a speedy rejoinder for an uncontrolled drug hitting the market is practically impossible. Moreover, the span of time from uncontrolled to controlled allows for the drug to become a hazard to the public. Because of this, the DDDCA grants the attorney general the power to schedule a drug in Schedule 1 (drugs that lead to abuse and have no accepted medical value) for up to 12 months if it is thought necessary because of the danger of harm to the public. In order to make this decision, the attorney general need only look at the drug's history and the potential for abuse of the drug (which is gained [Page 186]from looking at the pattern of abuse, the range, length of time, the magnitude of abuse, and the nature of the danger). This provisional scheduling can last up to 180 days, during which time a proceeding takes place with the express rationale of permanently scheduling the drug. The 180-day provision is not subject to any legal analysis from any court.

DEA Diversion Control dump pharmaceuticals intended for illegal sale on the Internet during a 2005 drug bust.

Federal agents, in deciding who is subject to prosecution, rely greatly on the various schedules initiated under the Controlled Substances Act. The Drug Enforcement Administration places all drugs under five diverse “Schedules.” The schedule in which a drug is placed is determined by its likelihood for misuse. Schedule V is composed of several prescription medications, along with a number of drugs not needing a prescription (e.g., Robitussin, Benadryl), which are not normally abused. Schedule IV is composed of anti-anxiety drugs like Valium and Xanax. Schedule III is composed of anabolic steroids, as well as several types of barbiturates and a special type of aspirin and codeine. Schedule I is composed of street drugs such as cocaine, PCP, and hashish.

...