Reading Room Document

Drug Enforcement Administration's Authority to Impose Civil Penalties

The document is a memorandum opinion addressing the question of whether the Administrator of the Drug Enforcement Administration (DEA) has the authority to impose civil penalties without instituting litigation to obtain an enforceable judgment. The conclusion reached is that the Administrator does not have the power to impose civil penalties under 21 U.S.C. § 842(c)(1) and that jurisdiction to do so is vested exclusively in the courts of the United States. The document presents a concise summary of the questions raised for review, including the interpretation of the legislative history and structure of the Comprehensive Drug Abuse Prevention and Control Act of 1970, and the limitations on the authority of the Administrator to adjudicate violations and impose penalties.

March 4, 1977