DEA DEA Legal Framework and Authority 2 — Questions and Answers
Question 1: What does 21 U.S.C. § 846 prohibit?
- Conspiracy to commit any offense defined in the CSA subchapter on drug trafficking (Correct answer)
- Simple possession of a controlled substance
- Operating a clandestine lab
- Importing controlled substances without a DEA registration
Correct answer: Conspiracy to commit any offense defined in the CSA subchapter on drug trafficking
Section 846 makes it a federal crime to conspire with another person to violate the CSA, carrying the same penalties as the underlying offense.
Question 2: The RICO statute (18 U.S.C. §§ 1961–1968) is used in DEA cases primarily to:
- Prosecute drug trafficking organizations as criminal enterprises and seize their assets (Correct answer)
- Charge individual users with possession offenses
- Regulate DEA's internal operations
- Govern international drug treaties
Correct answer: Prosecute drug trafficking organizations as criminal enterprises and seize their assets
RICO allows prosecutors to target the leadership of drug trafficking organizations by proving a pattern of racketeering activity, enabling forfeiture of the entire enterprise's assets.
Question 3: Which statute governs DEA's authority to conduct international cooperative investigations?
- 21 U.S.C. § 969 and bilateral Mutual Legal Assistance Treaties (MLATs) (Correct answer)
- The Posse Comitatus Act
- The Foreign Intelligence Surveillance Act (FISA)
- The International Emergency Economic Powers Act (IEEPA)
Correct answer: 21 U.S.C. § 969 and bilateral Mutual Legal Assistance Treaties (MLATs)
DEA's overseas operations are conducted under CSA authority supplemented by MLATs that establish the legal framework for evidence sharing and joint operations with foreign law enforcement.
Question 4: Under the Combat Methamphetamine Epidemic Act of 2005, what restriction was placed on pseudoephedrine sales?
- Sales are limited per transaction/month, products must be kept behind the pharmacy counter, and purchasers must show ID and sign a logbook (Correct answer)
- Pseudoephedrine was placed on Schedule II of the CSA
- All pseudoephedrine products were banned from over-the-counter sale
- Pharmacies must obtain a DEA registration to sell pseudoephedrine
Correct answer: Sales are limited per transaction/month, products must be kept behind the pharmacy counter, and purchasers must show ID and sign a logbook
The CMEA imposed strict retail sale restrictions on pseudoephedrine-containing products to curtail methamphetamine production without removing the legitimate cold remedy from the market.
Question 5: What is the 'Kingpin Act' (Foreign Narcotics Kingpin Designation Act) and how does DEA use it?
- It authorizes the Treasury Department to freeze assets and prohibit U.S. persons from doing business with designated drug traffickers, supported by DEA intelligence (Correct answer)
- It grants DEA authority to arrest foreign nationals on U.S. soil
- It establishes the DEA Special Operations Division
- It creates mandatory life sentences for cartel leaders convicted in the U.S.
Correct answer: It authorizes the Treasury Department to freeze assets and prohibit U.S. persons from doing business with designated drug traffickers, supported by DEA intelligence
The Kingpin Act is a sanctions tool that uses DEA-provided intelligence to economically isolate major drug traffickers and their organizations from the U.S. financial system.
Question 6: Under the CSA, what is a 'practitioner' required to have before prescribing a controlled substance?
- A valid DEA registration (DEA number) in addition to a state license (Correct answer)
- Only a state medical license
- Approval from the state pharmacy board for each prescription
- A separate DEA permit for each scheduled drug they prescribe
Correct answer: A valid DEA registration (DEA number) in addition to a state license
Prescribers must hold a current DEA Certificate of Registration authorizing them to dispense, prescribe, or administer controlled substances within their licensed scope of practice.
DEA DEA Legal Framework and Authority 2
What does 21 U.S.C. § 846 prohibit?