Editing Narcotic (section)

==United States==

Section 1300.01 Definitions relating to controlled substances:
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(b) As used in parts 1301 through 1308 and part 1312 of this chapter, the following terms shall have the meanings specified:
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(30) The term narcotic drug means any of the following whether produced directly or indirectly by extraction from substances of vegetable origin or independently using chemical synthesis or by a combination of extraction and chemical synthesis:
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(i) Opium, opiates, derivatives of opium and opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation. Such a term does not include the isoquinoline alkaloids of opium.

(ii) Poppy straw and concentrate of poppy straw.

(iii) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, [[ecgonine]] and derivatives of ecgonine or their salts have been removed.

(iv) Cocaine, its salts, [[Optical isomerism|optical]] and [[geometric isomer]]s, and salts of isomers.

(v) Ecgonine, its derivatives, their salts, isomers, and salts of isomers.

(vi) Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in paragraphs (b)(31)(i) through (v) of this section.<ref>[http://www.deadiversion.usdoj.gov/21cfr/cfr Title 21 CFR, Part 1300-1399]. US Department of Justice. Drug Enforcement Administration. April 1, 2010</ref>
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A 1984 amendment to 21 USC ([[Controlled Substances Act]]), Section 802
expanded and revised definition of "narcotic drug", including within term poppy straw, cocaine, and ecgonine.<ref>[http://www.deadiversion.usdoj.gov/21cfr/21usc/802.htm Title 21 United States Code (USC) Controlled Substances Act. Section 802. Definitions]. US Department of Justice. Drug Enforcement Administration</ref>

===''U.S. v. Stieren''===
608 F.2d 1135

{{blockquote|[[United States Court of Appeals, Eighth Circuit]]. Decided Oct. 31, 1979. LAY, Circuit Judge.

John Arthur Stieren appeals from the judgment of conviction for possession of cocaine with intent to distribute and dispense under 21 U.S.C. § 841(a)(1). Stieren contends that the statute is unconstitutional because "cocaine is classified as a narcotic under Schedule II of 21 U.S.C. § 812(c) when as a matter of scientific and medical fact cocaine is not a narcotic but is a non-narcotic stimulant."

The sufficiency of the evidence is not disputed. Stieren was convicted after special agents testified that he had and attempted to sell them a large quantity of cocaine. Defendant urges that the testimony and reports by physicians and scientists demonstrate that cocaine is not a narcotic. He also cites cases that hold that cocaine is not a narcotic under the pharmacological definition of the term. ''State v. Erickson'', 574 P.2d 1 (Alaska 1978).

It is within the legislative prerogative to classify cocaine, which is a non-narcotic central nervous system stimulant, as a narcotic for penalty and regulatory purposes. 21 U.S.C. § 802(16)(A). The use of cocaine poses serious problems for the community and has a high potential for abuse. Congress's choice of penalty reflects a societal policy that must be adhered to by the courts.2 Congress has the power to reclassify cocaine. This power has been delegated to the Attorney General. 21 U.S.C. § 811(a)(1). If cocaine is to be reclassified, the defendant's arguments should be made to the legislative branch, not the courts.

We hold that Congress had a rational legislative purpose when it classified cocaine as a Schedule II narcotic drug to impose penalties.

JUDGMENT AFFIRMED.<ref>[http://bulk.resource.org/courts.gov/c/F2/608/608.F2d.1135.79-1572.html 608 F.2d 1135] {{Webarchive|url=https://web.archive.org/web/20110727214852/http://bulk.resource.org/courts.gov/c/F2/608/608.F2d.1135.79-1572.html |date=2011-07-27 }}. Bulk.resource.org. Retrieved on 2011-09-24.</ref>}}