A Controlled Dangerous Substance (CDS) license is a legal permit issued by state authorities that allows individuals or entities to handle, store, distribute, or dispense controlled substances for medical or scientific purposes. The license is usually required for pharmacies, hospitals, research laboratories, drug manufacturers, and other organizations involved in the production or distribution of drugs. Controlled substances are drugs and chemicals regulated by the federal government under the Controlled Substances Act (CSA) and classified into different schedules based on their potential for abuse, medical use, and dependence.
These schedules range from Schedule I substances, which have a high potential for abuse and no accepted medical use, to Schedule V substances, which have a lower potential for abuse and are commonly used for medical purposes. The CDS license is intended to prevent the illegal use of controlled substances, which can lead to drug addiction, overdose, and other harmful consequences. The license also ensures that the use of these substances is strictly controlled and monitored to prevent diversion, theft, or misuse.
The process of obtaining a CDS license varies by state. Still, it typically involves submitting an application to the state licensing board and meeting specific requirements, such as obtaining a DEA registration, providing evidence of adequate security measures, and demonstrating compliance with state and federal regulations. Once a CDS license is granted, the licensee must maintain compliance with all applicable state and federal laws and regulations, such as maintaining accurate records, securely storing controlled substances, and reporting any theft or loss of these substances.
Anabolic steroids, benzodiazepines, and opioids are examples of such controlled substances. The five schedules of banned chemicals described in 21 USC 812 and 21 CFR 1308 were created by the United States Controlled Substances Act of 1970. The Louisiana Uniform Restricted Dangerous Substances Act (La R.S. 40:964) and the Louisiana Administrative Code’s corresponding article detail the different schedules for prohibited substances in the state (LAC 46: LIII.2703).
Many websites, like the US Drug Enforcement Administration’s (DEA) and the Louisiana Board of Pharmacy, have up-to-date lists of controlled substances. Failure to comply with these regulations can result in revocation of the CDS license and other legal penalties, including fines and imprisonment. Therefore, it is essential for individuals and entities that handle controlled substances to be knowledgeable about the legal requirements and to maintain proper controls to prevent diversion and misuse.
Why is it necessary to have a DEA registration and a CDS license?
Since the Controlled Substances Act is a law that must be implemented, the United States Congress established the Drug Enforcement Administration (DEA). To lawfully manufacture, distribute, sell, buy, acquire, possess, prescribe, dispense, or conduct research on prohibited medicines, one must first register with the DEA and have a registration. After receiving a registration request, the DEA will check with the relevant state agency to confirm that the applicant has the requisite approvals to perform the planned activity.
The state government grants the power to produce, distribute, acquire, possess, prescribe, administer, and conduct research using banned drugs; this authorization is often formalized in a professional practice act. The mere possession of a CDS license authorizes the state to participate in the unlawful trading of prohibited drugs. The agency must provide the CDS license to demonstrate DEA registration eligibility. A CDS license and DEA registration are required in Louisiana before participating in any action involving the manufacture, distribution, acquisition, possession, prescription, dispensing, or research of prohibited medications.
In summary, a CDS license is a legal permit required for individuals or entities involved in handling, storing, distributing, or dispensing controlled substances. The license is intended to prevent the illegal use of these substances and ensure their proper use for medical or scientific purposes. Obtaining and maintaining a CDS license requires compliance with all applicable state and federal laws and regulations to prevent the diversion and misuse of controlled substances.