Prevention of manufacture, etc., of marijuana and other controlled substances

1. Law
2. USC 16
3. Conservation
4. FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
5. GENERAL PROVISIONS
6. Prevention of manufacture, etc., of marijuana and other controlled substances

§559b. Prevention of manufacture, etc., of marijuana and other controlled substances

(a) Purpose

The purpose of sections 559b to 559f of this title is to authorize the Secretary of Agriculture (hereinafter in sections 559b to 559f of this title referred to as the "Secretary") to take actions necessary, in connection with the administration and use of the National Forest System, to prevent the manufacture, distribution, or dispensing of marijuana and other controlled substances.

(b) Law enforcement authority

Nothing in sections 559b to 559f of this title shall diminish in any way the law enforcement authority of the Forest Service.

(c) Definitions

As used in sections 559b to 559f of this title, the terms "manufacture", "dispense", and "distribute" shall have the same meaning given such terms in section 802 of title 21.

( Pub. L. 99–570, title XV, §15002, Oct. 27, 1986, 100 Stat. 3207–191 .)

References in Text

Sections 559b to 559f of this title, referred to in text, was in the original "this title", meaning title XV of Pub. L. 99–570, Oct. 27, 1986, 100 Stat. 3207–191 , known as the National Forest System Drug Control Act of 1986, which enacted sections 559b to 559f of this title, amended section 841 of Title 21, Food and Drugs, and enacted provisions set out as a note below. For complete classification of title XV to the Code, see Short Title note set out below and Tables.

Short Title

Pub. L. 99–570, title XV, §15001, Oct. 27, 1986, 100 Stat. 3207–191 , provided that: "This title [enacting this section and sections 559c to 559f of this title and amending section 841 of Title 21, Food and Drugs] may be cited as the 'National Forest System Drug Control Act of 1986'."

National Forest System, National Park System, and Bureau of Land Management Public Lands Safety; Findings

Pub. L. 100–690, title VI, §6254(a), Nov. 18, 1988, 102 Stat. 4363 , provided that: "Congress finds that-

"(1) National Forest System lands continue to be a haven for the unlawful production of marijuana and other controlled substances, which-

"(A) endangers the public in its use of National Forest System lands;

"(B) interferes with the ability of the Forest Service to effectively manage the natural resources and activities within the National Forest System; and

"(C) causes damage and destruction of the natural resources and facilities managed by the Forest Service;

"(2) the unlawful production of marijuana and other controlled substances often-

"(A) is generally harmful to the environment and public health and safety;

"(B) pollutes the air, soil, and water; and

"(C) is harmful to wildlife;

"(3) the Forest Service needs additional authority to adequately deal with the problem of controlled substance production that affects the administration of the National Forest System;

"(4) the Forest Service needs to be able to exercise its investigative authorities outside the boundaries of the National Forest System for drug-related crimes arising from within the National Forest System in order to be effective in deterring such crime;

"(5) the authority and powers of the Forest Service are not intended to be in conflict or interfere with the statutory authority, powers, or responsibilities of any State or political subdivision thereof; and

"(6) the Forest Service, in the exercise of its law enforcement powers, should cooperate to every extent possible with any other Federal, State, or local law enforcement authority having jurisdiction in areas where national forests are located, particularly where coordinated investigative and enforcement actions can be effective to control crime which affects multiple agencies."

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