Controlled substance. A drug or other substance, or immediateposted by B(oYo)BIES at 5:45 PM on February 29, 2008 [1 favorite]
precursor, as defined in section 102 of the Controlled Substances
Act, 21 U.S.C. 802. The term includes, but is not limited to,
marijuana, depressants, stimulants, and narcotic drugs. The term
does not include distilled spirits, wine, malt beverages, or
tobacco, as those terms are defined or used in Subtitle E of the
Internal Revenue Code of 1986, as amended.
Unlawful user of or addicted to any controlled substance. A
person who uses a controlled substance and has lost the power of
self-control with reference to the use of the controlled substance;
and any person who is a current user of a controlled substance in a
manner other than as prescribed by a licensed physician. Such use is
not limited to the use of drugs on a particular day, or within a
matter of days or weeks before, but rather that the unlawful use has
occurred recently enough to indicate that the individual is actively
engaged in such conduct. A person may be an unlawful current user of
a controlled substance even though the substance is not being used
at the precise time the person seeks to acquire a firearm or
receives or possesses a firearm. An inference of current use may be
drawn from evidence of a recent use or possession of a controlled
substance or a pattern of use or possession that reasonably covers
the present time, e.g., a conviction for use or possession of a
controlled substance within the past year, or multiple arrests for
such offenses within the past five years if the most recent arrest
occurred within the past year.
The DOJ Office of Policy Development inquired whether the proposed
definition includes persons found through a drug test to use a
controlled substance unlawfully, provided the test was administered
within the past year. In response, ATF agrees that this information
would give rise to an inference of unlawful drug use. Accordingly, the
final regulations are being amended to identify these persons in the
definition as an example of unlawful drug user.
DOD commented that the examples should be expanded to include
illegal drug use as evidenced by nonjudicial or administrative
proceedings. DOD believes that it would be helpful to add the following
at the end of the proposed definition:
For a current or former member of the Armed Forces, an inference
of current use may be drawn from recent disciplinary or other
administrative action based on confirmed drug use, e.g., court-
martial conviction, nonjudicial punishment, or an administrative
discharge based on drug use or drug rehabilitation failure.
ATF finds that the Defense Department's proposed language helps to
clarify the definition with respect to the military and is adopting the
proposed amendment into the final regulations.
posted by The World Famous at 4:50 PM on February 29, 2008