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21 U.S.C. § 208Certain preparations and sales excepted

submitted 111 years ago by ch. 74 to r/title-21-FOOD-AND-DRUGS · 313 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lists exceptions to section 207's drug rules. Certain small-dose medicines, cough and diarrhea remedies, and external-use products are exempt, but the exceptions never allow selling these drugs to habitual users, except through a treating doctor acting in good faith.

This section is one continuous provision. Section 207's rules do not apply to preparations with only small amounts of certain drugs: no more than two grains of opium, one-quarter grain of morphine, one-quarter grain of cocaine, or two grains of chloral hydrate, per fluid ounce of liquid or ounce of solid. They also don't apply to diarrhea and cholera remedies sold in good faith with directions and a warning against habitual use, to liniments or ointments labeled "for external use only," or to Dover's powder (a mix of ipecac and opium) sold in amounts of no more than twenty grains. But neither this section nor section 207 lets anyone sell, give away, or prescribe cocaine, morphine, opium, chloral hydrate, or their salts or preparations, to a habitual user of the same substance. The one exception is a recognized, reputable doctor who, in good faith, prescribes what they think a patient under their care actually needs — as long as it isn't really being used to get around this section's rules. Neither section applies to wholesale sales between jobbers, manufacturers, retail druggists, hospitals, and scientific or public institutions.
the actual law source: uscode.house.gov ↗public domain

The provisions of section 207 of this title shall not apply to preparations containing not more than two grains of opium or not more than one-quarter grain of morphine, or not more than one-quarter grain of cocaine, or not more than two grains of chloral hydrate in the fluid ounce, or, of a solid preparation, in one avoirdupois ounce, nor shall they apply to preparations sold in good faith for diarrhea and cholera, each bottle or package of which is accompanied by specific directions for use and caution against habitual use, nor to liniments or ointments sold in good faith as such when plainly labeled “for external use only”, nor to powder of ipecac and opium, commonly known as Dover’s powder, when sold in quantities not exceeding twenty grains. The provisions of this section or section 207 of this title shall not be construed to permit the selling, furnishing, giving away, or prescribing for the use of any habitual users of the same any cocaine, salts of cocaine, or preparation containing cocaine or salts of cocaine, or morphine or salts of morphine, or preparations containing morphine or salts of morphine, or any opium or preparation containing opium, or any chloral hydrate or preparation containing chloral hydrate. But the preceding sentence shall not be construed to prevent any recognized or reputable practitioner of medicine whose permanent allegiance is due to the United States from furnishing in good faith for the use of any habitual user of narcotic drugs who is under his professional care such substances as he may deem necessary for their treatment, when such prescriptions are not given or substances furnished for the purpose of evading the provisions of this section. But the provisions of this section or section 207 of this title shall not apply to sales at wholesale between jobbers, manufacturers, and retail druggists, hospitals, and scientific or public institutions.

Source credit: (Mar. 3, 1915, ch. 74, § 6, 38 Stat. 819.)

history & why it existsrecord from the source credit
  • 1915Enacted · Act of Mar. 3, 1915, ch. 74 · 38 Stat. 819

A history note hasn’t been published yet. The record shows enactment by ch. 74 on 1915-03-03.

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