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26. Special Drug Enforcement Authorization -- Illustrative Examples

  1. In a hearing before a state board of pharmacy, a DEA agent is subpoenaed to testify for the state. The Administrator of DEA may authorize this testimony.

  2. In the same hearing, the respondent pharmacist issues a subpoena to the agent. In this example, authorization must come from the USA or higher level authority under the regulations, since the demand did not emanate from the prosecution.

  3. A small amount of marijuana is found by DEA agents executing a search warrant. Although the USA declines prosecution, the Administrator of the Drug Enforcement Administration may authorize agents to release their entire file to the state prosecutor directly or authorize them to testify in response to a subpoena from the state (but not in response to a subpoena from the defense).

See generally USAM 1-6.600.

[cited in USAM 1-6.600]