Rule2026-05482
Ordering Schedule I and II Controlled Substances Using DEA Form 222; Technical Amendments
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 20, 2026
Effective
March 20, 2026
Issuing agencies
Justice DepartmentDrug Enforcement Administration
Abstract
On September 30, 2019, the Drug Enforcement Administration (DEA) published the final rule, New Single-Sheet Format for U.S. Official Order Form for Schedule I and II Controlled Substances (DEA Form 222). The final rule implemented a new single sheet format for DEA Form 222 and provided for a two-year transition period to switch from the triplicate form. This technical amendment corrects certain regulations erroneously not amended in the final rule which creates ambiguities. The amendment clarifies that a DEA Form 222 Power of Attorney may only be executed or revoked by a registrant, a partner of the registrant, or an officer of a registrant corporate entity. It resolves ambiguity over who may sign a DEA Form 222 and removes the obsolete transition provision for the triplicate version of DEA Form 222. These are conforming revisions that do not make any substantive changes to the regulations.
Full Text
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<title>Federal Register, Volume 91 Issue 54 (Friday, March 20, 2026)</title>
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[Federal Register Volume 91, Number 54 (Friday, March 20, 2026)]
[Rules and Regulations]
[Pages 13498-13500]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05482]
[[Page 13498]]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1305
[Docket No. DEA-1005]
Ordering Schedule I and II Controlled Substances Using DEA Form
222; Technical Amendments
AGENCY: Drug Enforcement Administration, Department of Justice.
ACTION: Final rule, technical amendment.
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SUMMARY: On September 30, 2019, the Drug Enforcement Administration
(DEA) published the final rule, New Single-Sheet Format for U.S.
Official Order Form for Schedule I and II Controlled Substances (DEA
Form 222). The final rule implemented a new single sheet format for DEA
Form 222 and provided for a two-year transition period to switch from
the triplicate form. This technical amendment corrects certain
regulations erroneously not amended in the final rule which creates
ambiguities. The amendment clarifies that a DEA Form 222 Power of
Attorney may only be executed or revoked by a registrant, a partner of
the registrant, or an officer of a registrant corporate entity. It
resolves ambiguity over who may sign a DEA Form 222 and removes the
obsolete transition provision for the triplicate version of DEA Form
222. These are conforming revisions that do not make any substantive
changes to the regulations.
DATES: This rule is effective March 20, 2026.
FOR FURTHER INFORMATION CONTACT: Heather Achbach, Regulatory Drafting
and Policy Support Section, Diversion Control Division, Drug
Enforcement Administration; Telephone: (571) 776-3882.
SUPPLEMENTARY INFORMATION:
I. Legal Authority
The Controlled Substances Act (CSA) grants the Attorney General
authority to promulgate rules and regulations relating to the
registration and control of the manufacture, distribution, and
dispensing of controlled substances; \1\ as well as the maintenance and
submission of records and reports \2\ that are necessary and
appropriate for the efficient execution of his statutory functions.\3\
The Attorney General is further authorized by the CSA to promulgate
rules and regulations relating to the registration and control of
importers and exporters of controlled substances.\4\ The Attorney
General has delegated these authorities to the Administrator of the
Drug Enforcement Administration (DEA).\5\
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\1\ 21 U.S.C. 821.
\2\ 21 U.S.C. 827.
\3\ 21 U.S.C. 871(b).
\4\ 21 U.S.C. 958(f).
\5\ 28 CFR 0.100(b).
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II. Technical Amendment to Power of Attorney for DEA Form 222 and
Electronic Orders
Pursuant to DEA's current regulations, ``A registrant may authorize
one or more individuals . . . to issue orders for schedule I and II
controlled substances on the registrant's behalf by executing a power
of attorney for each such individual.'' \6\ In the 2019 final rule, DEA
amended 21 CFR 1305.05(d)(1) to require that a DEA Form 222 Power of
Attorney (POA) must be executed by ``the registrant, if an individual;
a partner of the registrant, if a partnership; or an officer of the
registrant, if a corporation, corporate division, association, trust or
other entity.'' \7\ Prior to that amendment, DEA regulations provided,
in relevant part, that a POA could be executed or revoked by the person
who signed the most recent application for a DEA registration or re-
registration. During the comment period, DEA received numerous comments
about the POAs, noting that the proposed amendment would be more
restrictive than the then-current rule with respect to who could sign a
POA. DEA was clear in its response that due to ``the significance of
Form 222 signature authority, and the potential for diversion when that
authority is abused, the DEA deems it appropriate to require an
officer, a partner, or the registrant him- or herself to sign POAs
under 21 CFR 1305.05.'' \8\ However, due to an administrative error,
two related provisions of 21 CFR 1305.05 were not modified at that
time: 21 CFR 1305.05(c) which provides form language for a DEA Form 222
POA and the notice of revocation of a POA, and 21 CFR 1305.05(e), which
explains who must revoke a POA.
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\6\ 21 CFR 1305.05(a).
\7\ 21 CFR 1305.05(d)(1).
\8\ 84 FR at 51368.
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In this technical amendment, DEA is merely replacing the language
in those provisions, 21 CFR 1305.05(c) and 21 CFR 1305.05(e), to mirror
the language of 21 CFR 1305.05(d)(1), which more precisely specifies
who is authorized to execute a POA to order schedule I and II
controlled substances. Directly substituting this language allows for
clarity and consistency in the regulations, as 21 CFR 1305.05(c) and 21
CFR 1305.05(e) should have the same precise language of 21 CFR
1305.05(d)(1), specifically: a power of attorney must be executed by
``[t]he registrant, if an individual; a partner of the registrant, if a
partnership; or an officer of the registrant, if a corporation,
corporate division, association, trust or other entity.'' \9\ Thus, 21
CFR 1305.05(c) will no longer allow a person authorized to sign an
application for registration to execute or revoke a POA to sign DEA
Form 222s. Similarly, 21 CFR 1305.05(e) will no longer allow a person
authorized to sign an application for registration to revoke a POA to
sign DEA Form 222s.
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\9\ 21 CFR 1305.05(d)(1).
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In addition, DEA is making a similar conforming revision in 21 CFR
1305.12(d) to clearly establish who is authorized to sign a DEA Form
222. The amended provision clarifies that a DEA Form 222 must be signed
by the registrant, if an individual; a partner of the registrant, if a
partnership; or an officer of the registrant, if a corporation,
corporate division, association, trust or other entity. This removes
prior language which referred the reader to 21 CFR 1305.05 but included
a provision allowing a person who signed the last application for a DEA
registration to sign a DEA Form 222.
a. Removal of Triplicate DEA Form 222 Regulatory Text
When DEA implemented the single sheet format for DEA Form 222 in
September 2019, 21 CFR 1305.20 was promulgated to explain the
transition process for DEA registrants to switch from the triplicate
form to the single sheet form. Registrants were given a two-year
transition period allowing the continued use of their existing stock of
triplicate DEA Forms 222 before switching to the single sheet
format.\10\ On October 30, 2021, DEA ceased accepting the triplicate
form of DEA Form 222.\11\ Thus, 21 CFR 1305.20 is obsolete, and DEA is
removing this section from DEA's regulations and reserving it for
future use.
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\10\ 84 FR 51368 (Sept. 30, 2019).
\11\ 21 CFR 1305.20(a).
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III. Regulatory Analysis
a. Administrative Procedure Act
DEA is issuing this final rule without prior notice and an
opportunity to comment pursuant to the Administrative Procedure Act's
(APA) (5 U.S.C. 553) ``good cause'' exception. In certain
circumstances, an agency may forgo the notice-and-comment rulemaking
when a rulemaking is published in the Federal Register and
[[Page 13499]]
the agency ``for good cause finds . . . that notice and public
procedure thereon are impracticable, unnecessary, or contrary to the
public interest.'' \12\
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\12\ 5 U.S.C. 553(b)(B).
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This rule contains only technical corrections to DEA's current
regulations, and it imposes no new or substantive requirement on the
public or DEA registrants. As such, DEA has determined that notice and
the opportunity for public comment on this rule are unnecessary.
Because this is not a substantive rule, and as DEA finds good cause
pursuant to 5 U.S.C. 553(d)(3), this final rule takes effect upon date
of publication in the Federal Register.
b. Executive Orders 12866 (Regulatory Planning and Review), 13563
(Improving Regulation and Regulatory Review), and 14192 (Regulatory
Review)
DEA has determined that this rulemaking is not a ``significant
regulatory action'' under section 3(f) of Executive Order (E.O.) 12866,
Regulatory Planning and Review. Accordingly, this proposed rule has not
been submitted to the Office of Management and Budget (OMB) for review.
This proposed rule has been drafted and reviewed in accordance with
E.O. 12866, ``Regulatory Planning and Review,'' section 1(b),
Principles of Regulation; E.O. 13563, ``Improving Regulation and
Regulatory Review,'' section 1(b), General Principles of Regulation;
and E.O. 14192 ``Unleashing Prosperity Through Deregulation.''
c. Executive Order 12988, Civil Justice Reform
This rule meets the applicable standards set forth in Sections 3(a)
and 3(b)(2) of E.O. 12988 to eliminate drafting errors and ambiguity,
minimize litigation, provide a clear legal standard for affected
conduct, and promote simplification and burden reduction.
d. Executive Order 13132, Federalism
This rule does not have federalism implications warranting the
application of E.O. 13132. The final rule does not have substantial
direct effects on the states, on the relationship between the Federal
government and the States, or the distribution of power and
responsibilities among the various levels of government.
e. Executive Order 14294, Overcriminalization of Federal Regulations
Executive Order 14294 specifies that all notices of proposed
rulemaking (NPRMs) and final rules published in the Federal Register,
the violation of which may constitute criminal regulatory offenses,
should include a statement identifying that the rule or proposed rule
is a criminal regulatory offense, the authorizing statute, and the mens
rea requirement for each element of the offense. Since this final rule
does not involve a criminal regulatory offense, E.O. 14294 does not
apply.
f. Executive Order 14267 Reducing Anti-Competitive Regulatory Barriers
The final rule does not reduce competition, entrepreneurship, and
innovation.
g. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments
This rule does not have tribal implications warranting the
application of E.O. 13175. This rule does not have substantial direct
effects on one or more Indian tribes, on the relationship between the
Federal government and Indian tribes, or on the distribution of power
and responsibilities between the Federal government and Indian tribes.
h. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612) applies to
rules that are subject to notice and comment under section 553(b) of
the APA. As explained above, DEA determined that there is good cause to
exempt this rule from notice and comment. Consequently, the RFA does
not apply to this final rule.
i. Unfunded Mandates Reform Act of 1995
In accordance with the Unfunded Mandates Reform Act of 1995 (UMRA),
2 U.S.C. 1501 et seq., DEA has determined that this action will not
result in any Federal mandate that may result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any one year. Therefore, neither a Small Government
Agency Plan nor any other action is required under the provisions of
UMRA.
j. Congressional Review Act
This rule is not a major rule as defined the Congressional Review
Act (CRA), 5 U.S.C. 804. However, pursuant to the CRA, DEA is
submitting a copy of this final rule to both Houses of Congress and to
the Comptroller General.
k. Paperwork Reduction Act
This final rule involves existing collection 1117-0010 but does not
impose a new collection or modify an existing collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521). This
action does not impose additional recordkeeping or reporting
requirements on State or local governments, individuals, businesses, or
organizations. An agency may not conduct or sponsor, and a person is
not required to respond to a collection of information unless it
displays a currently valid OMB control number. Copies of the approved
existing information collection may be obtained at <a href="http://www.reginfo.gov/public/do/PRAMain">http://www.reginfo.gov/public/do/PRAMain</a>.
List of Subjects in 21 CFR Part 1305
Drug traffic control, reporting and recordkeeping requirements.
For the reasons stated in the preamble, DEA amends 21 CFR part 1305
as follows:
PART 1305--ORDERS FOR SCHEDULE I AND II CONTROLLED SUBSTANCES
0
1. The authority citation for part 1305 continues to read as follows:
Authority: 21 U.S.C. 821, 828, 871(b), unless otherwise noted.
0
2. In Sec. 1305.05, revise paragraphs (c) and (e) to read as follows:
Sec. 1305.05 Power of attorney.
* * * * *
(c) The power of attorney and notice of revocation must be similar
to the following format:
Power of Attorney for DEA Forms 222 and Electronic Orders
(Name of registrant)
(Address of registrant)
(DEA registration number)
I, ______ (name of person granting power), the undersigned (the
registrant, if an individual; a partner of the registrant, if a
partnership; or an officer of the registrant, if a corporation,
corporate division, association, trust or other entity), have made,
constituted, and appointed, and by these presents, do make, constitute,
and appoint ___ (name of attorney-in-fact), my true and lawful attorney
for me in my name, place, and stead, to execute applications for Forms
222 and to sign orders for schedule I and II controlled substances,
whether these orders be on Form 222 or electronic, in accordance with
21 U.S.C. 828 and Part 1305 of Title 21 of the Code of Federal
Regulations. I hereby ratify and confirm all that said attorney must
lawfully do or cause to be done by virtue hereof.
(Signature of person granting power)
[[Page 13500]]
I, ______ (name of attorney-in-fact), hereby affirm that I am the
person named herein as attorney-in-fact and that the signature affixed
hereto is my signature.
(signature of attorney-in-fact)
Witnesses:
1. ________
2. ________
Signed and dated on the ____ day of ____, (year), at ________.
Notice of Revocation
The foregoing power of attorney is hereby revoked by the
undersigned (the registrant, if an individual; a partner of the
registrant, if a partnership; or an officer of the registrant, if a
corporation, corporate division, association, trust or other entity).
Written notice of this revocation has been given to the attorney-in-
fact ______ this same day.
(Signature of person revoking power)
Witnesses:
1. ____
2. ____
Signed and dated on the ____ day of ____, (year), at ________.
* * * * *
(e) A power of attorney must be revoked by:
(1) The registrant, if an individual; a partner of the registrant,
if a partnership; or an officer of the registrant, if a corporation,
corporate division, association, trust or other entity; and
(2) Two witnesses.
* * * * *
0
3. In 1305.12, revise paragraph (d) to read as follows:
Sec. 1305.12 Procedure for executing DEA Forms 222.
* * * * *
(d) Each DEA Form 222 must be signed and dated by the registrant,
if an individual; a partner of the registrant, if a partnership; or an
officer of the registrant, if a corporation, corporate division,
association, trust or other entity; or a person granted power of
attorney to sign a DEA Form 222 under Sec. 1305.05. The name of the
purchaser, if different from the individual signing DEA Form 222, must
also be inserted in the signature space.
* * * * *
Sec. 1305.20 [Removed and Reserved]
0
4. Remove and reserve Sec. 1305.20.
Signing Authority
This document of the Drug Enforcement Administration was signed on
March 3, 2026, by Administrator Terrance C. Cole. That document with
the original signature and date is maintained by DEA. For
administrative purposes only, and in compliance with requirements of
the Office of the Federal Register, the undersigned DEA Federal
Register Liaison Officer has been authorized to sign and submit the
document in electronic format for publication, as an official document
of DEA. This administrative process in no way alters the legal effect
of this document upon publication in the Federal Register.
Heather Achbach,
Federal Register Liaison Officer, Drug Enforcement Administration.
[FR Doc. 2026-05482 Filed 3-19-26; 8:45 am]
BILLING CODE 4410-09-P
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</html>Indexed from Federal Register on March 20, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.