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The DEA is under the Department of Justice. The FDA is under the Department of Health and Human Services. One does not have authority over the other. There is a Memo of Understanding ( MOU 225-15-011) that describes the relationship, information sharing, and collaborative efforts between the two agencies.

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Q: Who has the authority over who The DEA or the FDA?
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What federal agencies have title 21 authority?

The Drug Enforcement Administration (DEA) and the Food and Drug Administration (FDA) are two federal agencies that have authority under Title 21 of the United States Code. The DEA enforces regulations related to controlled substances, while the FDA regulates food, drugs, cosmetics, and medical devices under Title 21.


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FDA licenses and inspects legal drugs, foods and additives. DEA is an enforcement agency dealing with drug crimes.


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