[NHCOLL-L:828] Re: controlled substances

[Steve Boyd]

Many years ago, 1987, I had to deal with this issue in connection with
transfer of seed plant specimens from the Natural History Museum of Los
Angeles County (LAM) to the herbarium of Rancho Santa Ana Botanic Garden
(RSA).  Apparently LAM had been getting annual permits from DEA for
specimens of Cannabis, etc.  When I looked into this issue, I found
there was a mechanism to request an exemption to the registration
requirements of Title 21, Code of Federal Regulations, Section 1301.
With the considerable help of officials from the local DEA office, we
submitted a formal request to the head of the DEA Office of Diversion
Control in Washington, DC.  After a series of discussions, and a site
visit by DEA investigators, RSA was issued a Memorandum of Understanding
which exempted the institution from the registration requirements for
current and future specimens of plant taxa listed under the Controlled
Substances Act of 1970.  This MOU was specifically for specimens used in
the traditional sense of herbarium materials, revisionary, monographic,
phytogeographic studies and such, with activities outside the scope
requiring traditional permitting procedures.  Interestingly, there was
no sunset date on this MOU.  As a result, we have never dealt with the
issue further, nor have we had any contact from the DEA.  I don't know
if there have been any subsequent changes in law which would affect our
MOU, but I'm hoping not.  I look forward to hear what others on this
list have to say about the issue.

Steve Boyd
Curator of the Herbarium
Rancho Santa Ana Botanic Garden
1500 N. College Ave
Claremont, CA 91711
(909) 625-8767 ext. 248
steve.boyd at cgu.edu