21 U.S.C. § 862b — Sanctioning for testing positive for con-

Page 871 TITLE 21—FOOD AND DRUGS § 862b defined in that section) or any State program carried out under that Act [7 U.S.C. 2011 et seq.]. (f) Rule of interpretation Nothing in this section shall be construed to deny the following Federal benefits: (1) Emergency medical services under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.]. (2) Short-term, noncash, in-kind emergency disaster relief. (3)(A) Public health assistance for immuni- zations. (B) Public health assistance for testing and treatment of communicable diseases if the Secretary of Health and Human Services de- termines that it is necessary to prevent the spread of such disease. (4) Prenatal care. (5) Job training programs. (6) Drug treatment programs. (Pub. L. 104–193, title I, § 115, Aug. 22, 1996, 110 Stat. 2180; Pub. L. 105–33, title V, § 5516(a), Aug. 5, 1997, 111 Stat. 620; Pub. L. 110–234, title IV, § 4115(c)(2)(C), May 22, 2008, 122 Stat. 1109; Pub. L. 110–246, § 4(a), title IV, § 4115(c)(2)(C), June 18, 2008, 122 Stat. 1664, 1871; Pub. L. 113–79, title IV, § 4030(n), Feb. 7, 2014, 128 Stat. 814.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsecs. (a)(1), (b)(1), (e)(1), and (f)(1), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A of title IV of the Act is classified gen- erally to part A (§ 601 et seq.) of subchapter IV of chap- ter 7 of Title 42, The Public Health and Welfare. Title XIX of the Act is classified generally to subchapter XIX (§ 1396 et seq.) of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. The Food and Nutrition Act of 2008, referred to in subsecs. (a)(2), (b)(2), and (e)(2), is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§ 2011 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 7 and Tables. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. Section was enacted as part of the Personal Responsi- bility and Work Opportunity Reconciliation Act of 1996, and not as part of the Controlled Substances Act which comprises this subchapter. AMENDMENTS 2014—Subsec. (a)(2). Pub. L. 113–79, § 4030(n)(1), sub- stituted ‘‘supplemental nutrition assistance program (as defined in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012)) or any State program carried out under that Act’’ for ‘‘food stamp program (as defined in section 3(l) of the Food Stamp Act of 1977) or any State program carried out under the Food Stamp Act of 1977’’. Subsec. (b)(2). Pub. L. 113–79, § 4030(n)(2), substituted ‘‘supplemental nutrition assistance program (as defined in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012)), or any State program carried out under that Act’’ for ‘‘food stamp program (as defined in sec- tion 3(l) of the Food Stamp Act of 1977), or any State program carried out under the Food Stamp Act of 1977’’. Subsec. (e)(2). Pub. L. 113–79, § 4030(n)(3), substituted ‘‘section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012), when referring to the supplemental nutri- tion assistance program (as defined in that section) or any State program carried out under that Act’’ for ‘‘section 3(s) of the Food Stamp Act of 1977, when refer- ring to the food stamp program (as defined in section 3(l) of the Food Stamp Act of 1977) or any State pro- gram carried out under the Food Stamp Act of 1977’’. 2008—Subsecs. (a)(2), (b)(2). Pub. L. 110–246, § 4115(c)(2)(C)(i), substituted ‘‘section 3(l)’’ for ‘‘section 3(h)’’. Subsec. (e)(2). Pub. L. 110–246, § 4115(c)(2)(C), sub- stituted ‘‘section 3(s)’’ for ‘‘section 3(m)’’ and ‘‘section 3(l)’’ for ‘‘section 3(h)’’. 1997—Subsec. (d)(2). Pub. L. 105–33 substituted ‘‘a con- viction if the conviction is for conduct’’ for ‘‘convic- tions’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME References to the food stamp program established under the Food Stamp Act of 1977, now known as the Food and Nutrition Act of 2008, considered to refer to the supplemental nutrition assistance program estab- lished under that Act, see section 4002(c) of Pub. L. 110–246, set out as a note under section 2012 of Title 7, Agriculture. EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by section 4115(c)(2)(C) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Con- gress. EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–33, title V, § 5518(d), Aug. 5, 1997, 111 Stat. 621, provided that: ‘‘The amendments made by this chapter to a provision of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 [Pub. L. 104–193] that have not become part of another stat- ute [chapter 1 (§§ 5501–5518) of subtitle F of title V of Pub. L. 105–33, amending this section, sections 601 to 603, 604 to 608, 609 to 611, and 612 to 617 of Title 42, The Public Health and Welfare, and provisions set out as notes under section 612c of Title 7, Agriculture, and sections 601 and 613 of Title 42] shall take effect as if the amendments had been included in the provision at the time the provision became law.’’ EFFECTIVE DATE Section effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings com- menced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Sec- retary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as an Effective Date note under section 601 of Title 42, The Public Health and Welfare. § 862b. Sanctioning for testing positive for con- trolled substances Notwithstanding any other provision of law, States shall not be prohibited by the Federal Government from testing welfare recipients for Page 872 TITLE 21—FOOD AND DRUGS § 863 1 So in original. Probably should be ‘‘marihuana,’’. use of controlled substances nor from sanc- tioning welfare recipients who test positive for use of controlled substances. (Pub. L. 104–193, title IX, § 902, Aug. 22, 1996, 110 Stat. 2347.) Editorial Notes CODIFICATION Section was enacted as part of the Personal Responsi- bility and Work Opportunity Reconciliation Act of 1996, and not as part of the Controlled Substances Act which comprises this subchapter. § 863. Drug paraphernalia (a) In general It is unlawful for any person— (1) to sell or offer for sale drug para- phernalia; (2) to use the mails or any other facility of interstate commerce to transport drug para- phernalia; or (3) to import or export drug paraphernalia. (b) Penalties Anyone convicted of an offense under sub- section (a) of this section shall be imprisoned for not more than three years and fined under title 18. (c) Seizure and forfeiture Any drug paraphernalia involved in any viola- tion of subsection (a) of this section shall be subject to seizure and forfeiture upon the con- viction of a person for such violation. Any such paraphernalia shall be delivered to the Adminis- trator of General Services, General Services Ad- ministration, who may order such paraphernalia destroyed or may authorize its use for law en- forcement or educational purposes by Federal, State, or local authorities. (d) ‘‘Drug paraphernalia’’ defined The term ‘‘drug paraphernalia’’ means any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, in- jecting, ingesting, inhaling, or otherwise intro- ducing into the human body a controlled sub- stance, possession of which is unlawful under this subchapter. It includes items primarily in- tended or designed for use in ingesting, inhaling, or otherwise introducing marijuana,1 cocaine, hashish, hashish oil, PCP, methamphetamine, or amphetamines into the human body, such as— (1) metal, wooden, acrylic, glass, stone, plas- tic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punc- tured metal bowls; (2) water pipes; (3) carburetion tubes and devices; (4) smoking and carburetion masks; (5) roach clips: meaning objects used to hold burning material, such as a marihuana ciga- rette, that has become too small or too short to be held in the hand; (6) miniature spoons with level capacities of one-tenth cubic centimeter or less; (7) chamber pipes; (8) carburetor pipes; (9) electric pipes; (10) air-driven pipes; (11) chillums; (12) bongs; (13) ice pipes or chillers; (14) wired cigarette papers; or (15) cocaine freebase kits. (e) Matters considered in determination of what constitutes drug paraphernalia In determining whether an item constitutes drug paraphernalia, in addition to all other logi- cally relevant factors, the following may be con- sidered: (1) instructions, oral or written, provided with the item concerning its use; (2) descriptive materials accompanying the item which explain or depict its use; (3) national and local advertising concerning its use; (4) the manner in which the item is dis- played for sale; (5) whether the owner, or anyone in control of the item, is a legitimate supplier of like or related items to the community, such as a li- censed distributor or dealer of tobacco prod- ucts; (6) direct or circumstantial evidence of the ratio of sales of the item(s) to the total sales of the business enterprise; (7) the existence and scope of legitimate uses of the item in the community; and (8) expert testimony concerning its use. (f) Exemptions This section shall not apply to— (1) any person authorized by local, State, or Federal law to manufacture, possess, or dis- tribute such items; or (2) any item that, in the normal lawful course of business, is imported, exported, transported, or sold through the mail or by any other means, and traditionally intended for use with tobacco products, including any pipe, paper, or accessory. (Pub. L. 91–513, title II, § 422, as added and amended Pub. L. 101–647, title XXIV, § 2401(a)–(c), Nov. 29, 1990, 104 Stat. 4858, 4859; Pub. L. 106–310, div. B, title XXXVI, § 3614, Oct. 17, 2000, 114 Stat. 1230.) Editorial Notes CODIFICATION The text of section 857(b) to (f) of this title, which was transferred to subsecs. (b) to (f) of this section by Pub. L. 101–647, § 2401(b), was based on Pub. L. 99–570, title I, § 1822(b)–(f), Oct. 27, 1986, 100 Stat. 3207–51; Pub. L. 100–690, title VI, § 6485, Nov. 18, 1988, 102 Stat. 4384. AMENDMENTS 2000—Subsec. (d). Pub. L. 106–310 inserted ‘‘meth- amphetamine,’’ after ‘‘PCP,’’ in introductory provi- sions. 1990—Subsec. (b). Pub. L. 101–647, § 2401(c)(1), sub- stituted ‘‘fined under title 18’’ for ‘‘fined not more than $100,000’’. Pub. L. 101–647, § 2401(b), redesignated subsec. (b) of section 857 of this title as subsec. (b) of this section. See Codification note above. Subsecs. (c) to (e). Pub. L. 101–647, § 2401(b), redesig- nated subsecs. (c) to (e) of section 857 of this title as