Special Drug Enforcement Authorization -- Illustrative
See generally USAM 1-6.600.
- 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.
- 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
- 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).