DEFINITIONS
SEC. 102. [21 U.S.C. 802] As used in this title:
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(16)
(A) Subject to subparagraph (B), the term “marihuana” means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of such plant, its seeds or resin.
(B) The term marihuana does not include—
(i) hemp, as defined in section 297A of the Agricultural Marketing Act of 1946; or
(ii) the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.
SCHEDULES OF CONTROLLED SUBSTANCES
SEC. 202. [21 U.S.C. 812]
(a) There are established five schedules of controlled substances, to be known as schedules I, II, III, IV, and V. Such schedules shall initially consist of the substances listed in this section. The schedules established by this section shall be updated and republished on a semiannual basis during the two-year period beginning one year after the date of enactment of this title and shall be updated and republished on an annual basis thereafter.
(b) …The findings required for each of the schedules are as follows:
(1) SCHEDULE I.—
(A) The drug or other substance has a high potential for abuse.
(B) The drug or other substance has no currently accepted medical use in treatment in the United States.
(C) There is a lack of accepted safety for use of the drug or other substance under medical supervision.
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(c) Schedules I, II, III, IV, and V shall, unless and until amended pursuant to section 201, consist of the following drugs or other substances, by whatever official name, common or usual name, chemical name, or brand name designated:
SCHEDULE I
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(c) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
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(10) Marihuana.
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(17) Tetrahydrocannabinols, except for tetrahydrocannabinols in hemp (as defined under section 297A of the Agricultural Marketing Act of 1946).
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(d)
(1) Unless specifically exempted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of cannabimimetic agents, or which contains their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.
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PART D—OFFENSES AND PENALTIES
PROHIBITED ACTS A—PENALTIES
SEC. 401. [21 U.S.C. 841]
(a) Except as authorized by this title, it shall be unlawful for any person knowingly or intentionally—
(1) to manufacture, distribute, or dispense, or with intent to manufacture, distribute, or dispense, a controlled substance;
or
(2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.