[Federal Register Volume 65, Number 181 (Monday, September 18, 2000)]
[Notices]
[Pages 56328-56329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23901]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[DEA #201P]


Controlled Substances: 2000 Aggregate Production Quota

AGENCY: Drug Enforcement Administration (DEA), Department of Justice.

ACTION: Notice of a proposed revision to the 2000 aggregate production 
quota for marihuana.

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SUMMARY: This notice proposes a revised 2000 aggregate production quota 
for marihuana, a Schedule I controlled substance in the Controlled 
Substances Act (CSA).

DATES: Comments or objections should be received on or before October 
3, 2000.

ADDRESSES: Send comments or objections to the Deputy Administrator,

[[Page 56329]]

Drug Enforcement Administration, Washington, D.C. 20537, Attn: DEA 
Federal Register Representative (CCR).

FOR FURTHER INFORMATION CONTACT: Frank L. Sapienza, Chief, Drug and 
Chemical Evaluation Section, Drug Enforcement Administration, 
Washington, D.C. 20537, Telephone: (202) 307-7183.

SUPPLEMENTARY INFORMATION: Section 306 of the CSA (21 U.S.C. 826) 
requires that the Attorney General establish aggregate production 
quotas for each basic class of controlled substances listed in 
Schedules I and II each year. This responsibility has been delegated to 
the Administrator of the DEA by Section 0.100 of Title 28 of the Code 
of Federal Regulations. The Administrator, in turn, has redelegated 
this function to the Deputy Administrator of the DEA pursuant to 
Section 0.104 of Title 28 of the Code of Federal Regulations.
    Until recently, there have been no DEA registrants with status as a 
bulk manufacturer of marihuana plant material. Therefore, the DEA had 
not previously established an aggregate production quota for marihuana 
greater than zero. However, on November 4, 1999, DEA granted a bulk 
manufacturing registration to an applicant who will cultivate marihuana 
for scientific, research, and development purposes. The nature of the 
cultivation process necessitates the sowing of seeds immediately in 
order to manufacture the controlled substance in calendar year 2000.
    Therefore, under the authority vested in the Attorney General by 
Section 306 of the CSA (21 U.S.C. 826), delegated to the Administrator 
of the DEA by Section 0.100 of Title 28 of the Code of Federal 
Regulations, and redelegated to the Deputy Administrator pursuant to 
Section 0.104 of Title 28 of the Code of Federal Regulations, the 
Deputy Administrator hereby proposes the following revision to the 2000 
aggregate production quota for the listed controlled substance, 
expressed in grams of manicured material (i.e. leaves, flowering tops, 
and seeds):

------------------------------------------------------------------------
                                                             Proposed
                                                           revised 2000
                       Basic class                           aggregate
                                                            production
                                                               quota
------------------------------------------------------------------------
Marihuana...............................................         350,000
------------------------------------------------------------------------

    All interested persons are invited to submit their comments and 
objections in writing regarding this proposal. If a person believes 
this issue warrants a hearing, the individual should so state and 
summarize the reasons for this belief.
    In the event that comments or objections to this proposal raise one 
or more issues which the Deputy Administrator finds warrant a hearing, 
the Deputy Administrator shall order a public hearing by notice in the 
Federal Register in accordance with Section 1303.32 of 21 CFR, 
summarizing the issues to be heard and setting the time for the 
hearing.
    The Office of Management and Budget has determined that notices of 
aggregate production quotas are not subject to centralized review under 
Executive Order 12866. This action has been analyzed in accordance with 
the principles and criteria contained in Executive Order 13132, and it 
has been determined that this matter does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.
    The Deputy Administrator hereby certifies that this action will 
have no significant impact upon small entities whose interests must be 
considered under the Regulatory Flexibility Act, 5 U.S.C. 601 et seq. 
The establishment of aggregate production quotas for Schedules I and II 
controlled substances is mandated by law and by international treaty 
obligations. Aggregate production quotas apply to approximately 200 DEA 
registered bulk and dosage form manufacturers of Schedules I and II 
controlled substances. The quotas are necessary to provide for the 
estimated medical, scientific, research and industrial needs of the 
United States, for export requirements and the establishment and 
maintenance of reserve stocks. While aggregate production quotas are of 
primary importance to large manufacturers, their impact upon small 
entities is neither negative nor beneficial. Furthermore, this action 
involves only one basic class of controlled substance. Accordingly, the 
Deputy Administrator has determined that this action does not require a 
regulatory flexibility analysis.

    Dated: September 6, 2000.
Julio F. Mercado,
Deputy Administrator.
[FR Doc. 00-23901 Filed 9-15-00; 8:45 am]
BILLING CODE 4410-09-M