The Controlled Substances Act (CSA) specifies in its regulations the administrative procedures used by the DEA to regulate controlled substances, to include the DEA Form 82. Included at 21 CFR Part 1316 is a section on Administrative Inspections, which includes the following:
Scope and Authority: Defines the DEA’s authority to conduct inspections under the CSA.
Inspection Procedures:
- Entry and notice requirements
- When warrants are needed and how they’re obtained
- Consent procedures and probable cause standards
- Execution of warrants and refusal protocols
For administrative compliance inspections, the primary document a DEA Diversion Investigator uses to enter a registered location is the DEA Form 82 or Notice of Inspection. When presented with this form, as a DEA registrant, you have a right to understand the purpose of an inspection and what information and documents a Diversion Investigator is allowed to ask for.
What is a DEA Form 82?
21 CFR § 1316.06 outlines the required contents of a DEA Notice of Inspection for a registered location.
This regulation specifies what must be included on the DEA Form 82, which is used to notify individuals of an administrative inspection under the CSA. Here’s a breakdown of the key elements:
Required Contents of the Notice of Inspection
- Name and title of the owner, operator, or agent in charge of the registered location
- Name and address of the registered location to be inspected
- Date and time of the inspection
- Statement of authority, indicating the notice is issued under Section 510 of the Controlled Substances Act (21 U.S.C. 880)
- Reproduction of relevant parts of Section 510 of the Act
- Signature of the Diversion Investigator
A DEA Form 82 ensures transparency and legal compliance when DEA Diversion Investigators conduct administrative inspections of registered locations that handle controlled substances.
This form is not used for Administrative Inspection Warrants or Criminal Search Warrants.
What you can expect from a DEA Diversion Investigator
- State the purpose of the inspection/visit
- Identify themselves and present their credentials for your examination
- Present the DEA Form 82 for your review
- Explain that you have a right to refuse the inspection and have an administrative inspection warrant issued instead
- Enter the registered location and conduct the inspection during normal business hours and in a reasonable manner
- Provide you with a signed copy of the DEA Form 82
What can be inspected under a DEA Form 82?
By signing the DEA Form 82, a registrant authorizes Diversion Investigators to enter controlled premises and conduct administrative inspections for the purpose of:
- Inspecting, copying, and verifying the correctness of records (e.g., inventories, prescriptions, distribution, shipping, records of receipt), reports, and other documents required to be kept under the CSA
- Inspecting pertinent equipment, finished and unfinished controlled substances, listed chemicals, or other materials, containers, and labeling found at the registered location
- Making a physical inventory of all controlled substances on hand at the registered location
- Collecting samples
- Checking distribution records
- Any other records appropriate for verification of compliance with the CSA
What is excluded from inspection under a DEA Form 82?
Unless the DEA registrant consents in writing, no inspection is allowed under the regulations for the following:
- Financial Data
- Sales Data (other than shipping data)
- Pricing Data
Things to know about a DEA Form 82
- This is not a search warrant; Diversion Investigators are not authorized to search.
- Consent can be withdrawn at any time, and you can ask the investigators to leave, and they must leave.
- Anything in plain view or voluntarily provided to law enforcement may be seized as evidence. Exercise caution when sharing information. If you have concerns, consult with DeKo Law or Brinks DEA Consulting for guidance.
DEA Inspections can be stressful; therefore, being prepared is extremely important. We suggest that you read the article titled “Handling DEA Action PART II: How to Handle Routine Cyclic Inspections.” Co-authored by Brinks DEA Consulting Founder, Scott Brinks, and DeKo Law Attorney Hunter Dekoninck.
Final Thoughts
The requirement to use the DEA Form 82 can be found in 21 CFR 1316.06. This regulation is part of the DEA’s broader framework to ensure compliance with the CSA, balancing enforcement with protections for legitimate research and due process. You can review this regulation and others at the Electronic Code of Federal Regulations.
DEA regulations can be complex and difficult to interpret. If your organization needs assistance with DEA compliance, contact Brinks DEA Consulting today for expert guidance and support.