OlOH

Notices

Federal Register V o l . 62, No. 28 Tuesday. February 11, 1997

This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearir^gs and investigations, committer rmetlngs, agency decisions and ruHngs, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section.

use provisions of the Propositions only I w A. Objective 1Maintain Effective as a defense to state prosecution. ,' Enforcement Efforts Within the Framework Created by the Federal Department of the Treasury (Treasury) Controlled Substances Act and the and die Customs Service will continue to protect the nation's borders and take Food, Drug, and Cosmetic Act and appropriate enforcement Department of Justice's (DOJ) position strong action against Imported or exported is that a practitioner's action of marijuana and other illegal drugs. The recommending or prescribing Schedule Customs Service continue to: (a) I controlled substances is not consistent seize unlawfully will Imported or exported with the "public interest" (as that marijuana and otiier Illegal drugs; (b) phrase is used in the federal Controlled assess civil penalties against persons EXECirriVE OFFICE OF TWE Substances Act) and will lead to violating federal drug laws; (c) seize PRESIDENT administrative action by the Drug conveyances facilitating the lUegal Office of National Drug Control Policy Enforcement Administration (DEA) to import or export of marijuana and other revoke the practitioner's registration. Illegal drugs; and (d) arrest persons Administration Response to Arizona DOJ and Department of Health and committing Federal drug offenses and Proposition 200 and Callfbmia Human Services (HHS) will send a letter refer cases for prosecution to the Proposition 215 to national, state, and local practitioner a]^ropriate Federal or state prosecutor. associations and licensing boards which Trea.sury and the Internal Revenue AGENCY: Office of National Drug Control states unequivocally that DEA will seek Service (IRS) will continue the PoUcy, Executive OfRce of the to revoke the DEA registrations of of existing Federal tax laws President. physicians who recommend or prescribe enforcement which discourage l l l e ^ drug activities. Scliedule I controlled substances. This ACTION: Notice. IRS will enforce existing Federal tax letter will outline the authority of the law as it relates to the requirement to SUMMARY: This notice lists the Fedal Inspector General for HHS to exclude report gross income firom whatever government response to the recent specified individuals or entities from source derived, including income from passage of propositions which make participation in the Medicare and activities prohibited under Federal or dangerous drugs more available in Medicaid programs. state law. Caltfornia and Arizona. These measures DOJ will continue existing Treasury will recommend that the IRS pose a threat to liie National Drug enforcement programs using the issue a revenue ruling, to the extent Control Strategy goal of reducing drug following criteria: (a) the absence of a permissible under existing law, that abuse in the United States. At the bona fide doctor-patient relationship; (b) would deny a medical expense direction of the President, the Office of a high volume of prescriptions or deduction for amounts expended for National Drug Control Policy (ONDCP) recommendations of Schedule I illegal operations or treatments and for developed a coordinated admlnis&ation controiied substances; (c) the drugs, including Schedule I controlled strategy to respond to tlie actions in accumulation of significant profits or substances, that are illegally procured Arizona and California with the other assetsfromthe prescription or under Federal or state law. agencies of the Federal Government to recommendation of Schedule I IRS will enforce existing Federal tax minimize the tragedy of drug abuse in controlled substances; (d) Schedule I law as it relates to the disallowance of America. controlled substances being provided to expenditures In connection with the minors; and/or (e) special FOR FURTHER INFORMATION CONTACT: illegal sale of drogs. To the extent that Comments and questions regarding this circumstances, such as when death or state laws result in efforts to conduct serious bodily Injury results from notice should be directed to Mr. Dan sales of controlled substances Scheaer, Office of Demand Reduction, drugged driving. The five U.S. Attorneys prohibited by Federal the IRS will in California and Arizona wUl continue disallow expenditures law. ONDCP, Executive Office of the in connection to review cases for prosecution using President. 750 17th Street N.W., sudi sales to the fullest extent tfiese criteria. pr ~ with Washington. D.C. 20503. (202) 395permissible under existing Federal tax 6733. DEA will adopt seizures of Schedule ' law. SUPPLEMENTARY INFORMATION: A Federal I controlled substances made by state U.S. Postal Service will continue to interagency working group chaired by and local law enforcement officials pursue aggressively the detection and ONDCP met four times in November following an arrest where state and local seizure of Schedule I controlled and December. In developing this prosecutors must decline prosecution substances mailed through the US strategy, the inter-agency group gave because of the Propositions. Once in mails, particularly in California and due consideration to two key principles: DEA's possession the drugs can be Arizona, and the arrest of those using federal authority vis a vis that of the summarily forfeited and (testroyed by the mail to distribute Schedule I states, and the requirement to ensure DEA. State and local law enforcement controlled substances. American citizens are provided safe and officials will be encouraged to continue DEA together with other Federal, state etTectlve medicine. The President has to execute state law to the fullest extent and local law enforcement agencies will approved this strategy, and Federal drug by having ofRcers continue to make work with private mail, parcel and control agencies will undertake the arrests and seizures under state law, . freight services to ensure continuing following coordinated courses of action: ^ leaving defendants to raise the medicalj compliance with internal company

policies dictating that these companies refuse to accept for shipment Schedule I controlled substances and that they notify law enforcement officials of such activities. Federal investigations and prosecutions will be instituted consistent with appropriate criteria. B. Objective 2Ensure the Integrity of the Medical-Scientific Process 1^ Which Substances are Approved as Safe and Effective Medicines In Order to Protect Public Health The Controlled Substances Act embodies the cotKlusion of the Congress, aflirmed by DEA and HHS. that marijuana, as a Schedule I drug, has "high potential for abuse" and "no currently accepted medical use in treatment in the United States." To protect the public health, all evaluations of the medical usefulness of any controlled substance should be conducted through the Congressionally established research and approval process managed by the National Institutes of Health (NIH) and the Food and Drug Administration (FDA). Currentfy tliere are a few patients who receive marijuana through FDA approved investigations. HHS to ensure the continued protection of the public health will: (a) examine all medical and scientific evidence relevant to the perceived medical us^ulness of marijuana; (b) identify gaps in knowledge and research regarding the health effects of marijuana; (c) determine whether further research or scientific evaluation could answer these questions; and (d) determine how tliat research could be designed and conducted to yield scientifically useful results. HHS will undertake discussions with medical organizations throughout the nation: (a) to address the "compassionate use ' message; and (b) to educate medical and public health professionals by underscoring the dangers of smoked marijuana and explaining the views of NIH that a variety of approved medications are clinically proven to be safe and effective in treating the illnesses for wiiich marijuana is purported to provide relief, such as pain, nausea, wasting syndrome, multiple sclerosis, and glaucoma. C. Objective 3Preserve Federal Drug Free Workplace and Safety Programs Transportation Workers: Department of Transportation (DOT) has issued a formal advisory to the transportation industry that safety-sensitive transportation workers who test positive under the Federally-required drug testing program may not under any circumstance use sute law as a

legitimate medical explanation for the presence of prohibited drugs. DOT is encouraging private employers to follow its example. Genera! Contractors and Grantees: Under the Drug-Free Workplace Act, the recipients of Federal grants or contracts must have policies that prohibit the iise of illegal drugs. Each Federal agency will issue a notice to its grantees and contractors to remind them: (a) of their responsibilities; (b) that any use of marijuana or otlier Schedule I controlled substances remains a prohibited activity; and (c) that the failure to comply with this prohibition will make tiic grantee or contractor subject to the loss of eligibility to receive Federal grants and contracts. Further, Federal agencies will increase their efforts to monitor compliance with the provi.slons of the Act, and to institute suspension or debarment actions against violators with special priority given to states enacting drug medicalization measures. Federal CivUian Employees: HHS will issue policy guidance to all 130 Federal Agency Drug-Free Workplace program coordinators, the 72 laboratories certified by HHS to conduct drug tests, and trade publications that reach medical review officers. Tills poUcy guidance states that the Propositions do not change the requirements of the Federal Drug-Free Workplace Program, which will continue to be fully ei^orced for federal civiUan employees nationwide. Medical Review Officers will not accept physician recommendations for Schedule I substances as a legitimate explanation for a positive drug test. Department of Defense (DOD) and the Miiitary Services: DOD will instruct civilian employees and military personnel in the active, reserve and National Guard components, thiat DOD is a drug-iiree organization, a fact that is not changed by the Propositions. The requirement that all DOD contractors maintain drug-iree workplaces will continue to be enforced. Nuclear Industry Workers: The Nuclear Regulatoiy Commission will continue to demand drug-free employees in the nuclear power industiy, and will develop a formal advisory to emphasize that its drug free workplace regulations continue to apply. Public Housii^: The Propositions will not affect the Department of Housing and Urban Development's (HUD) continued aggressive execution of the "One Strike and You're Out" policy to improve the safety and security of our nations public housing developments. HUD's principal tool for implementing "One Strike" will be the systematic

evaluation of public housing agencies screening and evictions efforts through the Public Housing Management Assessment Program. This program will give HUD a standard measurement of the progress of all public housing authorities in developing effective law enforcement, screening, and occupancy policies to reduce the level of drug use. crime, and drug distribution and sales in their communities. Safe Work Places: Department of Labor (DOL) will continue to Implement Its Working Partners Initiative, providing information to small businesses about workplace substance abuse prevention programs, focusing specific attention on trade and business organizations located in California and Arizona. DOL will accelerate its effort to post its updated Substance Abuse Information Database (SAID) on the Internet. SAID will provide information to businesses about workplace substance abuse and how to estabUsh workplace substance abuse prevention programs. DOL will give priority to its efforts in California and Arizona. DOL's Occupational Safety and Health Admlnisd-ation (OSHA) will send letters to the California and Arizona Occupational SafeQr and Health Administrations reiterating the dangers of drup in the workplace and providing information on programs to iielp employers address these problems. DOL's Mine Safety and Health Administration will continue to strictiy enforce the prohibition on the use of alcohol and lll^al drugs notwithstanding these Propositions. D. Objective 4Protect Children from Increased Marijuana .Availability and Use HHS and the Department (rf Education will educate the public in both Arizona and California about the real and proven dangers of smoking marijuana. A message will be tailored for preteens, teens, parents, educators, and medical professionals. Research demonstrates that, marijuana: (a) harms the brain, heart, lungs, and immune system; and (b) limits learning, memory, perception, judgment, and the ability to drive a niotor vehicle. In addiiion, researcli shows that marijuana smoke typically contains over 400 carcinogenic compounds and may be addictive. The message will remind the public there is no m^ical use for smoked marijuana and will educate the public about stratt^es to prevent marijuana use. The message will also remind the public that the production, sale, and distribution of marijuana for medical uses not approved by DEA violates the

OlOO

appropriate, to limit the states" ability designated the Washington/Baltimore Controlled Substances Act and the Federal Food, Drug, and Cosmetic Act. to rely on these and similar medical use HIDTA to address the extensive drug HHS will analyze all available data on provisions. The Administration belleve-s distribution networks servir^ hardcore marijuana use, expand ongoing surveys that working with Congress is the course drug users. Also In 1994, the Director designated Puerto Rlco/U.S. Virgin to determine current levels of marijuana of actiontiiatwill affirm the national use In California and Arizona, and track policy to control substances that have a Islands as a HIDTA based on the changes in marijuana use in those states. high potential for abuse and no accepted si^ificant amount of dmgs entering the HHS will develop the survey capacity medical use. The objective is to provide United Sutes through this region. to assess trends in drug use in all states a uniform policy which preserves the In 1995, the Director designated three on a state-by-state basis. integrity of the medical-sdentific more HIDTAs in Adanta, Chicago, and The Department of Education process by which 5ul>starices are Philadelphia/'Camden to target drug (Education) will use provisions of the approved as safe and effective abtise and drug trafficking in those Safe and Drug Free Schools Act to medicines. We will also consider areas, specifically augmenting reinforce the message to all local additional steps. Including conditioning Empowerment Zone programs. education agencies receiving Federal Federal funds on compliance with the The five new HIDTAs will build upon Safe and Drug Free School funds that Controlled Substances Act and the the effective efforts of previously any drug possession or use will not be National Drug Control Strategy. ^ established HIDTAs. In Fiscal Year tolerated in schools. This affects 1997. the HIDTA program will receive Signed at Washington, D.C. this 15th day approximately 95% of school districts. of Januaiy, 1997. $140 million in Federal resources. The Notwithstanding the passage of the two Barry R. McCaffrey-, program will support more than 150 coPropositions, local education agencies located officer/agent task forces; must continue to: (a) develop programs Director. mutually supporting local. which prevent the use, possession, and [PR Doc. 97-3334 Filed 2-10-97; 8:45 am] strengthen State, and Federal drug trafficking and distribution of tobacco, alcohol, and money laundering task forces; bolster Illegal drugs by students; (b) develop BUJJNO CODE 3 1 S M D - P information analysis and sharing programs which prevent the illegal use, networks; and, improve Integration of possession, and distribution of such Designation of Nw High intensity ^ law enforcement, drug treatment, and substances by school employees; and (c) Drug Trafficking Arsas drug abuse prevention programs. The ensure that programs supported by and AGENCY: Office of National Drug Contol states and counties ItKluded In the five with Federal Safe and Drug Free new HIDTAs are: ^ Schools funds convey the message that Policy. Executive Office of the (1) Cascade HIDTA: State of President. the Illegal use of alcohol and other Washington; King, Pierce. Skagit, ACnON: Notice. drugs, including marijuana, is wrong Snohomish, Thurston, Whatcom, and and harmful. This notice lists thefivenew Yakima counties; Education will review with educators SiaewARY: High Intensity Drug Trafficking Areas - ^GuIfCoasffflDTA: State of in Arizona and California the effect (HIDTAs) designated by the Director, Alabama; Baldwin, Jefferson. Mobile, Proposidons 200 and 215 will have on Office of National Drug Control Policy. and Montgomery counties; Sute of drug use by students. They will also HIDTAs are r^ons identified as having Louisiana; Caddo, East Baton Rouge, communicate nationally with school the most critical drug trafficking Jefferson, and Orleans parishes; and superintendents, administrators, problems that adversely affect the State of Mississippi; Hancock, Harrison. principals, boards of education, and United States. These new HIDTAs are Hinds, and Jackson counties. PT.As about the Arizona and California designated pursuant to 21 U.S.C. (3) Lake County HIDTA: State of Propasidons and the implications for 1504(c), as amended, to promote more Indiana; Lake County. their states. effective coordination of drug control (4) Midwest HIDTA: State of Iowa; Education will develop a model The additional resources Muscatine, Polk, Pottowattamie, Scott, policy to confront "medical marijuana" efforts. provided by Congress enable task forces and Woodbury counties; State of use in schools and outline actions of local. State, and Federal officials to Kansas; Cherokee, Crawford, Johnson, educators can take to prevent illicit assess regional drug threats, design Labette, Leavenworth, Saline, drugs from coming into schools. to combat the threats, develop and Wyandotte counties; StateSeward, of Bducation will develop model drug strategies initiatives to implranent the strategies, Missouri; Cape Girardeau, Christian, prevention programs to discourage and evaluate effectiveness of tiiese Clay, Jaclcson, Lafayette, Lawrence, I^y, marijuana use. These models will be efforts. Scott, and St. Charles counties, and the disseminated to the states at a Spring coordinated TOR FURTHER INFORMATION CONTACT: 1997 conference. of St. Louis; State of Nebraska; Comments and questions regarding this city ONDCP and DOT will provide Dakota, Dawson. Douglas, Hall, notice should be directed to Mr. Riciiard Lancaster, recommendations pursuant to tiie Sarpy, and Scott's Bluff Yamamoto. Director, HIDTA. Office counties; State October 19, 1996 Presidential directive Y. of South Dakota; Clay. of National Drug Control Policy, to deter teen drug use and drugged Codington, Custer, Fall River, Lawrence, Office of the President, 750 driving through pre-llcense drug testing, Executive Lincoln, Meade, Minnehaha, 17th Street N.W., Washington. D.C. strengthened law enforcement and other 20503. Pennington, Union, and Yankton (202) 395-6755. means. The recommendations will counties. SUPP11INTARY INFORMATION: In 1990, underscore the point that the use of (4) Rocky Mountain HIDTA: State of marijuana for any reason endangers the die Director of ONDCP designated die Colorado; Adams. Arapahoe, Denver, health and safety of tlie public. first five HIDTAs. These original Douglas, Eagle, El Paso, Garfield, Legislative Enactments: ONDCP. HHS HIDTAs, areas through which most Jefferson, La Plata, and Mesa countie.s; and DOJ will work with Cor^ress to illegal drugs enter the United States, are State of Utah; Davis, Salt Lake, Summit consider changes to the Federal Food, Houston, Los Angeles, New York/New Utah, and Weber c.ounties; and State of Drug, and Cosmetic Act and the Jersey, South Florida, and the Wyoming; Laramie, Natrona, and Controlled Substances Act, as Southwest Border. In 1994. the Director Sweetwater counties.

reuerm negisier / vol. ot, ixo. co

luesuay, reuruiiry i i , l a a i

/ IMUUCKS