U.S. Chemical
Control
The Controlled Substances Act (CSA) is the principal federal law
directed at combating the illicit manufacture and distribution
of controlled drugs in the United States. Since its passage in
1970, the CSA has been amended on a number of occasions. The
most recent change in the scope of the CSA is the implementation
of amendments and regulations regarding chemicals and equipment
used in the illicit production of controlled substances. The
clandestine production of drugs is dependent on the availability
of chemicals necessary to accomplish the illicit activity. Most
of the drugs in the illicit traffic, with the exception of
marijuana, require chemicals to be produced. For example,
although cocaine is produced naturally in the coca plant, large
amounts of chemicals are needed to successfully extract the drug
and purify it for the illicit market.
The controls placed on chemicals are substantially less than
those imposed on controlled drugs because most of the chemicals
have legitimate industrial applications. For this reason, the
term "regulated" more appropriately describes chemicals covered
under the CSA as compared to the term "controlled" that is used
for drugs. Several items that are regulated as chemicals under
the CSA are also non-controlled ingredients in drug products
lawfully marketed under the Federal Food, Drug and Cosmetic Act
and are, therefore, widely available to the general public.
Examples of these products include over-the-counter (OTC)
medications containing ephedrine, pseudoephedrine, and/or
phenylpropanolamine.
DEA chemical control was initiated in the United States with the
passage of the Chemical Diversion and Trafficking Act of 1988
(CDTA) that became effective on August 1, 1989. The initial
legislation was drafted in 1985. The CDTA regulated 1 2
precursor chemicals, eight essential chemicals, tableting
machines, and encapsulating machines by imposing record keeping
and import/export reporting requirements on transactions
involving these materials. United States companies were the main
source of tons of chemicals used in the production of cocaine in
the Andean countries of South America. The principal chemicals
used in the production of cocaine at that time included acetone,
methyl ethyl ketone, methyl isobutyl ketone, ethyl ether,
potassium permanganate, hydrochloric acid, and sulfuric acid.
Soon after the CDTA became effective, the quantity of many of
these chemicals exported from the United States declined
significantly.
Cocaine traffickers reacted to the reduction in the availability
of U.S. chemicals for illicit production by developing new
sources of supply in other parts of the world. The U.S.
Government, with the leadership and assistance of the DEA,
responded by eliciting the support of the international
community for worldwide chemical control. The international
community responded by incorporating Article 12 into the U.N.
Convention Against Illicit Drug Traffic of 1988. Article 12
established chemical controls on a list of 22 chemicals used in
the production of heroin, cocaine, LSD, PCP, amphetamine,
methamphetamine, MDMA and related drugs, and numerous other
clandestinely produced drugs. The DEA has sponsored a number of
international meetings and training seminars to educate other
nations in the benefits of chemical control as a tool to fight
drug trafficking. DEA efforts have resulted in chemical control
legislation and active programs to prevent the diversion of
chemicals used in the clandestine production of drugs in many
nations.
The CDTA also had an initial impact on the number of clandestine
methamphetamine laboratories in the United States. In the first
three years after the law was passed, the number of clandestine
laboratories seized by the DEA declined by 61 percent. In
addition, injuries attributed to illicitly manufactured
controlled substances that were reported to the Drug Abuse
Warning Network (DAWN) declined by almost 60 percent during the
same time period.
The provisions of the CDTA regarding bulk ephedrine and
pseudoephedrine caused methamphetamine traffickers to look for
other sources of the precursors. The traffickers noted that the
CDTA contained an exemption for over-the-counter (OTC) products
that contained regulated chemicals. They took advantage of this
loophole by turning to single entity OTC ephedrine tablets and
capsules whose single active ingredient was ephedrine as a
source of precursor material for the illicit production of
methamphetamine.
Federal legislation was passed in 1993 in response to the
methamphetamine traffickers' switch to OTC ephedrine products.
The legislation was the Domestic Chemical Diversion and Control
Act of 1993 (DCDCA) that became effective on April 16, 1994. The
DCDCA eliminated the CDTA terminology of "precursors" and
"essential" for chemicals regulated under that act and replaced
them with the terms "List I" and "List II" chemicals. The DCDCA
also removed the exemption for OTC single entity ephedrine
tablets thus closing the loophole left by the CDTA. In addition,
it gave the DEA the authority to remove the exemption for any
other drugs containing listed chemicals if it was shown that
they were being diverted for the illicit production of
controlled substances. The DCDCA required that all
manufacturers, distributors, importers, and exporters of List I
chemicals be registered with the DEA and that bulk manufacturers
of List I and List II chemicals report on the total quantity of
listed chemicals produced during the year. Record keeping and
reporting requirements for transactions in single-entity
ephedrine products were also imposed by the DCDCA.
Methamphetamine traffickers quickly reacted to the provisions of
the DCDCA by switching to single-entity pseudoephedrine products
and combination products of ephedrine. The Comprehensive
Methamphetamine Control Act of 1996 (MCA) was passed to counter
the traffickers' response to the DCDCA. The MCA expanded
regulatory controls on all lawfully marketed drug products
containing ephedrine, pseudoephedrine, and phenylpropanolamine,
and it increased penalties for the trafficking and manufacturing
of methamphetamine and listed chemicals. The MCA also made it
unlawful for any person to distribute a "laboratory supply" to a
person who uses, or attempts to use, that "laboratory supply" to
manufacture a controlled drug or listed chemicals with reckless
disregard for the illegal uses to which such "laboratory supply"
will be put. The Special Surveillance List was published by the
Attorney General and consisted of all listed chemicals, all
mixtures, and all OTC products and dietary supplements that
contain listed chemicals, 28 other chemicals frequently used in
the clandestine production of controlled drugs, or listed
chemicals and 4 pieces of laboratory equipment commonly found at
clandestine drug laboratories. Individuals who violate the
"laboratory supply" provision of the MCA are subject to a
maximum civil fine of $25,000. Businesses that violate the
provision are subject to a maximum civil fine of $250,000.
Ready access to chemical supplies is critical to drug
traffickers. Traffickers continuously look for loopholes in
legislation and new methods of clandestine production routes in
an effort to continue their illegal activity. The DEA has
embraced chemical control as an important tool in reducing the
availability of clandestinely produced drugs and is committed to
depriving drug traffickers of the chemicals needed to
manufacture illicit drugs. Currently, List I and List II of the
CSA contain 35 chemicals.
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