United States Code (USC)
Controlled Substances Act
Sec. 882. Injunctions
The district courts of the United States and all courts
exercising general jurisdiction in the territories and possessions
of the United States shall have jurisdiction in proceedings in
accordance with the Federal Rules of Civil Procedure to enjoin
violations of this subchapter.
(b) Jury trial
In case of an alleged violation of an injunction or restraining
order issued under this section, trial shall, upon demand of the
accused, be by a jury in accordance with the Federal Rules of Civil
(c) State cause of action pertaining to online pharmacies
(1) In general
In any case in which the State has reason to believe that an
interest of the residents of that State has been or is being
threatened or adversely affected by the action of a person,
entity, or Internet site that violates the provisions of section
823(f), 829(e), or 831 of this title, the State may bring a civil
action on behalf of such residents in a district court of the
United States with appropriate jurisdiction -
(A) to enjoin the conduct which violates this section;
(B) to enforce compliance with this section;
(C) to obtain damages, restitution, or other compensation,
including civil penalties under section 842(b) of this title;
(D) to obtain such other legal or equitable relief as the
court may find appropriate.
(2) Service; intervention
(A) Prior to filing a complaint under paragraph (1), the State
shall serve a copy of the complaint upon the Attorney General and
upon the United States Attorney for the judicial district in
which the complaint is to be filed. In any case where such prior
service is not feasible, the State shall serve the complaint on
the Attorney General and the appropriate United States Attorney
on the same day that the State's complaint is filed in Federal
district court of the United States. Such proceedings shall be
independent of, and not in lieu of, criminal prosecutions or any
other proceedings under this subchapter or any other laws of the
(B) Upon receiving notice respecting a civil action pursuant to
this section, the United States shall have the right to intervene
in such action and, upon so intervening, to be heard on all
matters arising therein, and to file petitions for appeal.
(C) Service of a State's complaint on the United States as
required in this paragraph shall be made in accord with the
requirements of rule 4(i)(1) of the Federal Rule (1) of Civil
(3) Powers conferred by State law
For purposes of bringing any civil action under paragraph (1),
nothing in this chapter shall prevent an attorney general of a
State from exercising the powers conferred on the attorney
general of a State by the laws of such State to conduct
investigations or to administer oaths or affirmations or to
compel the attendance of witnesses of or the production of
documentary or other evidence.
Any civil action brought under paragraph (1) in a district
court of the United States may be brought in the district in
which the defendant is found, is an inhabitant, or transacts
business or wherever venue is proper under section 1391 of title
28. Process in such action may be served in any district in which
the defendant is an inhabitant or in which the defendant may be
(5) No private right of action
No private right of action is created under this subsection.
No civil action may be brought under paragraph (1) against -
(A) the United States;
(B) an Indian Tribe or tribal organization, to the extent
such tribe or tribal organization is lawfully carrying out a
contract or compact under the Indian Self-Determination and
Education Assistance Act [25 U.S.C. 450 et seq.]; or
(C) any employee of the United States or such Indian tribe or
tribal organization, provided such agent or employee is acting
in the usual course of business or employment, and within the
scope of the official duties of such agent or employee
(Pub. L. 91-513, title II, Sec. 512, Oct. 27, 1970, 84 Stat. 1278;
Pub. L. 110-425, Sec. 3(h), Oct. 15, 2008, 122 Stat. 4830.)
REFERENCES IN TEXT
The Federal Rules of Civil Procedure, referred to in subsecs.
(a), (b), and (c)(2)(C), are set out in the Appendix to Title 28,
Judiciary and Judicial Procedure.
This subchapter, referred to in subsecs. (a) and (c)(2)(A), was
in the original "this title", meaning title II of Pub. L. 91-513,
Oct. 27, 1970, 84 Stat. 1242, and is popularly known as the
"Controlled Substances Act". For complete classification of title
II to the Code, see second paragraph of Short Title note set out
under section 801 of this title and Tables.
This chapter, referred to in subsec. (c)(3), was in the original
"this Act", meaning Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1236.
For complete classification of this Act to the Code, see Short
Title note set out under section 801 of this title and Tables.
The Indian Self-Determination and Education Assistance Act,
referred to in subsec. (c)(6)(B), is Pub. L. 93-638, Jan. 4, 1975,
88 Stat. 2203, which is classified principally to subchapter II
(Sec. 450 et seq.) of chapter 14 of Title 25, Indians. For complete
classification of this Act to the Code, see Short Title note set
out under section 450 of Title 25 and Tables.
2008 - Subsec. (c). Pub. L. 110-425 added subsec. (c).
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110-425 effective 180 days after Oct. 15,
2008, except as otherwise provided, see section 3(j) of Pub. L. 110-
425, set out as a note under section 802 of this title.
(1) So in original. Probably should be "Rules".
NOTICE: This is an unofficial version. An official version of this publication may be obtained
directly from the Government Printing Office (GPO).