under the Constitution of the United States as applied to
members of the armed forces.
Military Law of Evidence
3. CO's Mast Procedure. JAGMAN Appendix A-1-e dictates
procedures for CO's Mast.
a. The Federal Controlled Substances Act (FCSA), Title II,
of the Comprehensive Drug Abuse Prevention and Control Act of
1970, is the legal foundation of the government's fight against
abuse of drugs and other substances. This law is a
distribution of narcotics, stimulants, depressants, and
or legislative acts passed by Congress. More recently, in 1988,
congress passed the Chemical Diversion and Trafficking Act. This
Act allows for the regulation of certain chemicals that are used
in the making of controlled substances.
b. The FCSA places all substances that are in some manner
regulated under existing federal law into one of five schedules.
This placement is based upon the substance's medical use,
potential for abuse, and safety or dependence liability. The
act also provides a mechanism for substances to be controlled,
or added to a schedule; decontrolled, or removed from control;
and rescheduled or transferred from one schedule to another.
The procedure for these actions is found in Section 201 of the
FCSA (21 U.S.C. 811).
c. Proceedings to add, delete, or change the schedule of a
drug or other substance may be initiated by the Department of
Health and Human Services (HHS), by the DEA, or by petition from
any interested person -- the manufacturer of a drug, a medical
society or association, a pharmacy association, a public
interest group concerned with drug abuse, a state or local
government agency, or an individual citizen. When a petition is
received by the DEA, the agency begins its own investigation of
the drug. The agency also may begin an investigation of a drug
at any time based upon information received from law enforcement
laboratories, state and local law enforcement and regulatory
agencies, or other sources of information.
d. The threshold issue is whether the drug or other
substance has potential for abuse. If a drug does not have a