TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part D - Offenses and Penalties
HEAD
Sec. 841. Prohibited acts A
STATUTE
(a) Unlawful acts
Except as authorized by this subchapter, it shall be unlawful for
any person knowingly or intentionally -
(1) to manufacture, distribute, or dispense, or possess with
intent to manufacture, distribute, or dispense, a controlled
substance; or
(2) to create, distribute, or dispense, or possess with intent
to distribute or dispense, a counterfeit substance.
(b) Penalties
Except as otherwise provided in section 849, 859, 860, or 861 of
this title, any person who violates subsection (a) of this section
shall be sentenced as follows:
(1)(A) In the case of a violation of subsection (a) of this
section involving -
(i) 1 kilogram or more of a mixture or substance containing a
detectable amount of heroin;
(ii) 5 kilograms or more of a mixture or substance containing a
detectable amount of -
(I) coca leaves, except coca leaves and extracts of coca
leaves from which cocaine, ecgonine, and derivatives of
ecgonine or their salts have been removed;
(II) cocaine, its salts, optical and geometric isomers, and
salts of isomers;
(III) ecgonine, its derivatives, their salts, isomers, and
salts of isomers; or
(IV) any compound, mixture, or preparation which contains any
quantity of any of the substances referred to in subclauses (I)
through (III);
(iii) 50 grams or more of a mixture or substance described in
clause (ii) which contains cocaine base;
(iv) 100 grams or more of phencyclidine (PCP) or 1 kilogram or
more of a mixture or substance containing a detectable amount of
phencyclidine (PCP);
(v) 10 grams or more of a mixture or substance containing a
detectable amount of lysergic acid diethylamide (LSD);
(vi) 400 grams or more of a mixture or substance containing a
detectable amount of N-phenyl-N- [ 1- ( 2-phenylethyl ) -4-
piperidinyl ] propanamide or 100 grams or more of a mixture or
substance containing a detectable amount of any analogue of N-
phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide;
(vii) 1000 kilograms or more of a mixture or substance
containing a detectable amount of marihuana, or 1,000 or more
marihuana plants regardless of weight; or
(viii) 50 grams or more of methamphetamine, its salts, isomers,
and salts of its isomers or 500 grams or more of a mixture or
substance containing a detectable amount of methamphetamine, its
salts, isomers, or salts of its isomers;
such person shall be sentenced to a term of imprisonment which may
not be less than 10 years or more than life and if death or serious
bodily injury results from the use of such substance shall be not
less than 20 years or more than life, a fine not to exceed the
greater of that authorized in accordance with the provisions of
title 18 or $4,000,000 if the defendant is an individual or
$10,000,000 if the defendant is other than an individual, or both.
If any person commits such a violation after a prior conviction for
a felony drug offense has become final, such person shall be
sentenced to a term of imprisonment which may not be less than 20
years and not more than life imprisonment and if death or serious
bodily injury results from the use of such substance shall be
sentenced to life imprisonment, a fine not to exceed the greater of
twice that authorized in accordance with the provisions of title 18
or $8,000,000 if the defendant is an individual or $20,000,000 if
the defendant is other than an individual, or both. If any person
commits a violation of this subparagraph or of section 849, 859,
860, or 861 of this title after two or more prior convictions for a
felony drug offense have become final, such person shall be
sentenced to a mandatory term of life imprisonment without release
and fined in accordance with the preceding sentence.
Notwithstanding section 3583 of title 18, any sentence under this
subparagraph shall, in the absence of such a prior conviction,
impose a term of supervised release of at least 5 years in addition
to such term of imprisonment and shall, if there was such a prior
conviction, impose a term of supervised release of at least 10
years in addition to such term of imprisonment. Notwithstanding any
other provision of law, the court shall not place on probation or
suspend the sentence of any person sentenced under this
subparagraph. No person sentenced under this subparagraph shall be
eligible for parole during the term of imprisonment imposed
therein.
(B) In the case of a violation of subsection (a) of this section
involving -
(i) 100 grams or more of a mixture or substance containing a
detectable amount of heroin;
(ii) 500 grams or more of a mixture or substance containing a
detectable amount of -
(I) coca leaves, except coca leaves and extracts of coca
leaves from which cocaine, ecgonine, and derivatives of
ecgonine or their salts have been removed;
(II) cocaine, its salts, optical and geometric isomers, and
salts of isomers;
(III) ecgonine, its derivatives, their salts, isomers, and
salts of isomers; or
(IV) any compound, mixture, or preparation which contains any
quantity of any of the substances referred to in subclauses (I)
through (III);
(iii) 5 grams or more of a mixture or substance described in
clause (ii) which contains cocaine base;
(iv) 10 grams or more of phencyclidine (PCP) or 100 grams or
more of a mixture or substance containing a detectable amount of
phencyclidine (PCP);
(v) 1 gram or more of a mixture or substance containing a
detectable amount of lysergic acid diethylamide (LSD);
(vi) 40 grams or more of a mixture or substance containing a
detectable amount of N-phenyl-N- [ 1- ( 2-phenylethyl ) -4-
piperidinyl ] propanamide or 10 grams or more of a mixture or
substance containing a detectable amount of any analogue of N-
phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide;
(vii) 100 kilograms or more of a mixture or substance
containing a detectable amount of marihuana, or 100 or more
marihuana plants regardless of weight; or
(viii) 5 grams or more of methamphetamine, its salts, isomers,
and salts of its isomers or 50 grams or more of a mixture or
substance containing a detectable amount of methamphetamine, its
salts, isomers, or salts of its isomers;
such person shall be sentenced to a term of imprisonment which may
not be less than 5 years and not more than 40 years and if death or
serious bodily injury results from the use of such substance shall
be not less than 20 years or more than life, a fine not to exceed
the greater of that authorized in accordance with the provisions of
title 18 or $2,000,000 if the defendant is an individual or
$5,000,000 if the defendant is other than an individual, or both.
If any person commits such a violation after a prior conviction for
a felony drug offense has become final, such person shall be
sentenced to a term of imprisonment which may not be less than 10
years and not more than life imprisonment and if death or serious
bodily injury results from the use of such substance shall be
sentenced to life imprisonment, a fine not to exceed the greater of
twice that authorized in accordance with the provisions of title 18
or $4,000,000 if the defendant is an individual or $10,000,000 if
the defendant is other than an individual, or both. Notwithstanding
section 3583 of title 18, any sentence imposed under this
subparagraph shall, in the absence of such a prior conviction,
include a term of supervised release of at least 4 years in
addition to such term of imprisonment and shall, if there was such
a prior conviction, include a term of supervised release of at
least 8 years in addition to such term of imprisonment.
Notwithstanding any other provision of law, the court shall not
place on probation or suspend the sentence of any person sentenced
under this subparagraph. No person sentenced under this
subparagraph shall be eligible for parole during the term of
imprisonment imposed therein.
(C) In the case of a controlled substance in schedule I or II,
gamma hydroxybutyric acid (including when scheduled as an approved
drug product for purposes of section 3(a)(1)(B) of the Hillory J.
Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000),
or 1 gram of flunitrazepam, except as provided in subparagraphs
(A), (B), and (D), such person shall be sentenced to a term of
imprisonment of not more than 20 years and if death or serious
bodily injury results from the use of such substance shall be
sentenced to a term of imprisonment of not less than twenty years
or more than life, a fine not to exceed the greater of that
authorized in accordance with the provisions of title 18 or
$1,000,000 if the defendant is an individual or $5,000,000 if the
defendant is other than an individual, or both. If any person
commits such a violation after a prior conviction for a felony drug
offense has become final, such person shall be sentenced to a term
of imprisonment of not more than 30 years and if death or serious
bodily injury results from the use of such substance shall be
sentenced to life imprisonment, a fine not to exceed the greater of
twice that authorized in accordance with the provisions of title 18
or $2,000,000 if the defendant is an individual or $10,000,000 if
the defendant is other than an individual, or both. Notwithstanding
section 3583 of title 18, any sentence imposing a term of
imprisonment under this paragraph shall, in the absence of such a
prior conviction, impose a term of supervised release of at least 3
years in addition to such term of imprisonment and shall, if there
was such a prior conviction, impose a term of supervised release of
at least 6 years in addition to such term of imprisonment.
Notwithstanding any other provision of law, the court shall not
place on probation or suspend the sentence of any person sentenced
under the provisions of this subparagraph which provide for a
mandatory term of imprisonment if death or serious bodily injury
results, nor shall a person so sentenced be eligible for parole
during the term of such a sentence.
(D) In the case of less than 50 kilograms of marihuana, except in
the case of 50 or more marihuana plants regardless of weight, 10
kilograms of hashish, or one kilogram of hashish oil, such person
shall, except as provided in paragraphs (4) and (5) of this
subsection, be sentenced to a term of imprisonment of not more than
5 years, a fine not to exceed the greater of that authorized in
accordance with the provisions of title 18 or $250,000 if the
defendant is an individual or $1,000,000 if the defendant is other
than an individual, or both. If any person commits such a violation
after a prior conviction for a felony drug offense has become
final, such person shall be sentenced to a term of imprisonment of
not more than 10 years, a fine not to exceed the greater of twice
that authorized in accordance with the provisions of title 18 or
$500,000 if the defendant is an individual or $2,000,000 if the
defendant is other than an individual, or both. Notwithstanding
section 3583 of title 18, any sentence imposing a term of
imprisonment under this paragraph shall, in the absence of such a
prior conviction, impose a term of supervised release of at least 2
years in addition to such term of imprisonment and shall, if there
was such a prior conviction, impose a term of supervised release of
at least 4 years in addition to such term of imprisonment.
(E)(i) Except as provided in subparagraphs (C) and (D), in the
case of any controlled substance in schedule III, such person shall
be sentenced to a term of imprisonment of not more than 10 years
and if death or serious bodily injury results from the use of such
substance shall be sentenced to a term of imprisonment of not more
than 15 years, a fine not to exceed the greater of that authorized
in accordance with the provisions of title 18 or $500,000 if the
defendant is an individual or $2,500,000 if the defendant is other
than an individual, or both.
(ii) If any person commits such a violation after a prior
conviction for a felony drug offense has become final, such person
shall be sentenced to a term of imprisonment of not more than 20
years and if death or serious bodily injury results from the use of
such substance shall be sentenced to a term of imprisonment of not
more than 30 years, a fine not to exceed the greater of twice that
authorized in accordance with the provisions of title 18 or
$1,000,000 if the defendant is an individual or $5,000,000 if the
defendant is other than an individual, or both.
(iii) Any sentence imposing a term of imprisonment under this
subparagraph shall, in the absence of such a prior conviction,
impose a term of supervised release of at least 2 years in addition
to such term of imprisonment and shall, if there was such a prior
conviction, impose a term of supervised release of at least 4 years
in addition to such term of imprisonment.
(2) In the case of a controlled substance in schedule IV, such
person shall be sentenced to a term of imprisonment of not more
than 5 years, a fine not to exceed the greater of that authorized
in accordance with the provisions of title 18 or $250,000 if the
defendant is an individual or $1,000,000 if the defendant is other
than an individual, or both. If any person commits such a violation
after a prior conviction for a felony drug offense has become
final, such person shall be sentenced to a term of imprisonment of
not more than 10 years, a fine not to exceed the greater of twice
that authorized in accordance with the provisions of title 18 or
$500,000 if the defendant is an individual or $2,000,000 if the
defendant is other than an individual, or both. Any sentence
imposing a term of imprisonment under this paragraph shall, in the
absence of such a prior conviction, impose a term of supervised
release of at least one year in addition to such term of
imprisonment and shall, if there was such a prior conviction,
impose a term of supervised release of at least 2 years in addition
to such term of imprisonment.
(3) In the case of a controlled substance in schedule V, such
person shall be sentenced to a term of imprisonment of not more
than one year, a fine not to exceed the greater of that authorized
in accordance with the provisions of title 18 or $100,000 if the
defendant is an individual or $250,000 if the defendant is other
than an individual, or both. If any person commits such a violation
after a prior conviction for a felony drug offense has become
final, such person shall be sentenced to a term of imprisonment of
not more than 4 years, a fine not to exceed the greater of twice
that authorized in accordance with the provisions of title 18 or
$200,000 if the defendant is an individual or $500,000 if the
defendant is other than an individual, or both. Any sentence
imposing a term of imprisonment under this paragraph may, if there
was a prior conviction, impose a term of supervised release of not
more than 1 year, in addition to such term of imprisonment.
(4) Notwithstanding paragraph (1)(D) of this subsection, any
person who violates subsection (a) of this section by distributing
a small amount of marihuana for no remuneration shall be treated as
provided in section 844 of this title and section 3607 of title 18.
(5) Any person who violates subsection (a) of this section by
cultivating or manufacturing a controlled substance on Federal
property shall be imprisoned as provided in this subsection and
shall be fined any amount not to exceed -
(A) the amount authorized in accordance with this section;
(B) the amount authorized in accordance with the provisions of
title 18;
(C) $500,000 if the defendant is an individual; or
(D) $1,000,000 if the defendant is other than an individual;
or both.
(6) Any person who violates subsection (a) of this section, or
attempts to do so, and knowingly or intentionally uses a poison,
chemical, or other hazardous substance on Federal land, and, by
such use -
(A) creates a serious hazard to humans, wildlife, or domestic
animals,
(B) degrades or harms the environment or natural resources, or
(C) pollutes an aquifer, spring, stream, river, or body of
water,
shall be fined in accordance with title 18 or imprisoned not more
than five years, or both.
(7) Penalties for distribution. -
(A) In general. - Whoever, with intent to commit a crime of
violence, as defined in section 16 of title 18 (including rape),
against an individual, violates subsection (a) of this section by
distributing a controlled substance or controlled substance
analogue to that individual without that individual's knowledge,
shall be imprisoned not more than 20 years and fined in
accordance with title 18.
(B) Definition. - For purposes of this paragraph, the term
"without that individual's knowledge" means that the individual
is unaware that a substance with the ability to alter that
individual's ability to appraise conduct or to decline
participation in or communicate unwillingness to participate in
conduct is administered to the individual.
(c) Offenses involving listed chemicals
Any person who knowingly or intentionally -
(1) possesses a listed chemical with intent to manufacture a
controlled substance except as authorized by this subchapter;
(2) possesses or distributes a listed chemical knowing, or
having reasonable cause to believe, that the listed chemical will
be used to manufacture a controlled substance except as
authorized by this subchapter; or
(3) with the intent of causing the evasion of the recordkeeping
or reporting requirements of section 830 of this title, or the
regulations issued under that section, receives or distributes a
reportable amount of any listed chemical in units small enough so
that the making of records or filing of reports under that
section is not required;
shall be fined in accordance with title 18 or imprisoned not more
than 20 years in the case of a violation of paragraph (1) or (2)
involving a list I chemical or not more than 10 years in the case
of a violation of this subsection other than a violation of
paragraph (1) or (2) involving a list I chemical, or both.
(d) Boobytraps on Federal property; penalties; "boobytrap" defined
(1) Any person who assembles, maintains, places, or causes to be
placed a boobytrap on Federal property where a controlled substance
is being manufactured, distributed, or dispensed shall be sentenced
to a term of imprisonment for not more than 10 years or fined under
title 18, or both.
(2) If any person commits such a violation after 1 or more prior
convictions for an offense punishable under this subsection, such
person shall be sentenced to a term of imprisonment of not more
than 20 years or fined under title 18, or both.
(3) For the purposes of this subsection, the term "boobytrap"
means any concealed or camouflaged device designed to cause bodily
injury when triggered by any action of any unsuspecting person
making contact with the device. Such term includes guns,
ammunition, or explosive devices attached to trip wires or other
triggering mechanisms, sharpened stakes, and lines or wires with
hooks attached.
(e) Ten-year injunction as additional penalty
In addition to any other applicable penalty, any person convicted
of a felony violation of this section relating to the receipt,
distribution, manufacture, exportation, or importation of a listed
chemical may be enjoined from engaging in any transaction involving
a listed chemical for not more than ten years.
(f) Wrongful distribution or possession of listed chemicals
(1) Whoever knowingly distributes a listed chemical in violation
of this subchapter (other than in violation of a recordkeeping or
reporting requirement of section 830 of this title) shall, except
to the extent that paragraph (12), (13), or (14) of section 842(a)
of this title applies, be fined under title 18 or imprisoned not
more than 5 years, or both.
(2) Whoever possesses any listed chemical, with knowledge that
the recordkeeping or reporting requirements of section 830 of this
title have not been adhered to, if, after such knowledge is
acquired, such person does not take immediate steps to remedy the
violation shall be fined under title 18 or imprisoned not more than
one year, or both.
(g) Internet sales of date rape drugs
(1) Whoever knowingly uses the Internet to distribute a date rape
drug to any person, knowing or with reasonable cause to believe
that -
(A) the drug would be used in the commission of criminal sexual
conduct; or
(B) the person is not an authorized purchaser;
shall be fined under this subchapter or imprisoned not more than 20
years, or both.
(2) As used in this subsection:
(A) The term "date rape drug" means -
(i) gamma hydroxybutyric acid (GHB) or any controlled
substance analogue of GHB, including gamma butyrolactone (GBL)
or 1,4-butanediol;
(ii) ketamine;
(iii) flunitrazepam; or
(iv) any substance which the Attorney General designates,
pursuant to the rulemaking procedures prescribed by section 553
of title 5, to be used in committing rape or sexual assault.
The Attorney General is authorized to remove any substance from
the list of date rape drugs pursuant to the same rulemaking
authority.
(B) The term "authorized purchaser" means any of the following
persons, provided such person has acquired the controlled
substance in accordance with this chapter:
(i) A person with a valid prescription that is issued for a
legitimate medical purpose in the usual course of professional
practice that is based upon a qualifying medical relationship
by a practitioner registered by the Attorney General. A
"qualifying medical relationship" means a medical relationship
that exists when the practitioner has conducted at least 1
medical evaluation with the authorized purchaser in the
physical presence of the practitioner, without regard to
whether portions of the evaluation are conducted by other heath
(!1) professionals. The preceding sentence shall not be
construed to imply that 1 medical evaluation demonstrates that
a prescription has been issued for a legitimate medical purpose
within the usual course of professional practice.
(ii) Any practitioner or other registrant who is otherwise
authorized by their registration to dispense, procure,
purchase, manufacture, transfer, distribute, import, or export
the substance under this chapter.
(iii) A person or entity providing documentation that
establishes the name, address, and business of the person or
entity and which provides a legitimate purpose for using any
"date rape drug" for which a prescription is not required.
(3) The Attorney General is authorized to promulgate regulations
for record-keeping and reporting by persons handling 1,4-butanediol
in order to implement and enforce the provisions of this section.
Any record or report required by such regulations shall be
considered a record or report required under this chapter.
(h) Offenses involving dispensing of controlled substances by means
of the Internet
(1) In general
It shall be unlawful for any person to knowingly or
intentionally -
(A) deliver, distribute, or dispense a controlled substance
by means of the Internet, except as authorized by this
subchapter; or
(B) aid or abet (as such terms are used in section 2 of title
18) any activity described in subparagraph (A) that is not
authorized by this subchapter.
(2) Examples
Examples of activities that violate paragraph (1) include, but
are not limited to, knowingly or intentionally -
(A) delivering, distributing, or dispensing a controlled
substance by means of the Internet by an online pharmacy that
is not validly registered with a modification authorizing such
activity as required by section 823(f) of this title (unless
exempt from such registration);
(B) writing a prescription for a controlled substance for the
purpose of delivery, distribution, or dispensation by means of
the Internet in violation of section 829(e) of the title;
(C) serving as an agent, intermediary, or other entity that
causes the Internet to be used to bring together a buyer and
seller to engage in the dispensing of a controlled substance in
a manner not authorized by sections (!2) 823(f) or 829(e) of
this title;
(D) offering to fill a prescription for a controlled
substance based solely on a consumer's completion of an online
medical questionnaire; and
(E) making a material false, fictitious, or fraudulent
statement or representation in a notification or declaration
under subsection (d) or (e), respectively, of section 831 of
this title.
(3) Inapplicability
(A) This subsection does not apply to -
(i) the delivery, distribution, or dispensation of controlled
substances by nonpractitioners to the extent authorized by
their registration under this subchapter;
(ii) the placement on the Internet of material that merely
advocates the use of a controlled substance or includes pricing
information without attempting to propose or facilitate an
actual transaction involving a controlled substance; or
(iii) except as provided in subparagraph (B), any activity
that is limited to -
(I) the provision of a telecommunications service, or of an
Internet access service or Internet information location tool
(as those terms are defined in section 231 of title 47); or
(II) the transmission, storage, retrieval, hosting,
formatting, or translation (or any combination thereof) of a
communication, without selection or alteration of the content
of the communication, except that deletion of a particular
communication or material made by another person in a manner
consistent with section 230(c) of title 47 shall not
constitute such selection or alteration of the content of the
communication.
(B) The exceptions under subclauses (I) and (II) of
subparagraph (A)(iii) shall not apply to a person acting in
concert with a person who violates paragraph (1).
(4) Knowing or intentional violation
Any person who knowingly or intentionally violates this
subsection shall be sentenced in accordance with subsection (b).
SOURCE
(Pub. L. 91-513, title II, Sec. 401, Oct. 27, 1970, 84 Stat. 1260;
Pub. L. 95-633, title II, Sec. 201, Nov. 10, 1978, 92 Stat. 3774;
Pub. L. 96-359, Sec. 8(c), Sept. 26, 1980, 94 Stat. 1194; Pub. L.
98-473, title II, Secs. 224(a), 502, 503(b)(1), (2), Oct. 12, 1984,
98 Stat. 2030, 2068, 2070; Pub. L. 99-570, title I, Secs. 1002,
1003(a), 1004(a), 1005(a), 1103, title XV, Sec. 15005, Oct. 27,
1986, 100 Stat. 3207-2, 3207-5, 3207-6, 3207-11, 3702-192; Pub. L.
100-690, title VI, Secs. 6055, 6254(h), 6452(a), 6470(g), (h),
6479, Nov. 18, 1988, 102 Stat. 4318, 4367, 4371, 4378, 4381; Pub.
L. 101-647, title X, Sec. 1002(e), title XII, Sec. 1202, title
XXXV, Sec. 3599K, Nov. 29, 1990, 104 Stat. 4828, 4830, 4932; Pub.
L. 103-322, title IX, Sec. 90105(a), (c), title XVIII, Sec.
180201(b)(2)(A), Sept. 13, 1994, 108 Stat. 1987, 1988, 2047; Pub.
L. 104-237, title II, Sec. 206(a), title III, Sec. 302(a), Oct. 3,
1996, 110 Stat. 3103, 3105; Pub. L. 104-305, Sec. 2(a), (b)(1),
Oct. 13, 1996, 110 Stat. 3807; Pub. L. 105-277, div. E, Sec. 2(a),
Oct. 21, 1998, 112 Stat. 2681-759; Pub. L. 106-172, Secs. 3(b)(1),
5(b), 9, Feb. 18, 2000, 114 Stat. 9, 10, 13; Pub. L. 107-273, div.
B, title III, Sec. 3005(a), title IV, Sec. 4002(d)(2)(A), Nov. 2,
2002, 116 Stat. 1805, 1809; Pub. L. 109-177, title VII, Secs.
711(f)(1)(B), 732, Mar. 9, 2006, 120 Stat. 262, 270; Pub. L. 109-
248, title II, Sec. 201, July 27, 2006, 120 Stat. 611; Pub. L. 110-
425, Sec. 3(e), (f), Oct. 15, 2008, 122 Stat. 4828, 4829.)
REFERENCES IN TEXT
This subchapter, referred to in subsecs. (a), (b)(1), (c)(1),
(2), (f)(1), (g)(1), and (h)(1), (3)(A)(i), was in the original
"this title", meaning title II of Pub. L. 91-513, Oct. 27, 1970, 84
Stat. 1242, and is popularly known as the "Controlled Substances
Act". For complete classification of title II to the Code, see
second paragraph of Short Title note set out under section 801 of
this title and Tables.
Schedules I, II, III, IV, and V, referred to in subsec. (b), are
set out in section 812(c) of this title.
Subchapter II of this chapter, referred to in subsec. (b)(1), was
in the original "title III", meaning title III of Pub. L. 91-513,
Oct. 27, 1970, 84 Stat. 1285. Part A of title III comprises
subchapter II of this chapter. For classification of Part B,
consisting of sections 1101 to 1105 of title III, see Tables.
Section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid
Date-Rape Prohibition Act of 2000, referred to in subsec.
(b)(1)(C), is section 3(a)(1)(B) of Pub. L. 106-172, which is set
out in a note under section 812 of this title.
This chapter, referred to in subsec. (g)(2)(B), (3), was in the
original "this Act", meaning Pub. L. 91-513, Oct. 27, 1970, 84
Stat. 1236. For complete classification of this Act to the Code,
see Short Title note set out under section 801 of this title and
Tables.
AMENDMENTS
2008 - Subsec. (b)(1)(D). Pub. L. 110-425, Sec. 3(e)(1)(A),
struck out "or in the case of any controlled substance in schedule
III (other than gamma hydroxybutyric acid), or 30 milligrams of
flunitrazepam" after "hashish oil".
Subsec. (b)(1)(E). Pub. L. 110-425, Sec. 3(e)(1)(B), added
subpar. (E).
Subsec. (b)(2). Pub. L. 110-425, Sec. 3(e)(2), substituted "5
years" for "3 years", "10 years" for "6 years", and "after a prior
conviction for a felony drug offense has become final," for "after
one or more prior convictions of him for an offense punishable
under this paragraph, or for a felony under any other provision of
this subchapter or subchapter II of this chapter or other law of a
State, the United States, or a foreign country relating to narcotic
drugs, marihuana, or depressant or stimulant substances, have
become final,".
Subsec. (b)(3). Pub. L. 110-425, Sec. 3(e)(3), substituted "4
years" for "2 years" and "after a prior conviction for a felony
drug offense has become final," for "after one or more convictions
of him for an offense punishable under this paragraph, or for a
crime under any other provision of this subchapter or subchapter II
of this chapter or other law of a State, the United States, or a
foreign country relating to narcotic drugs, marihuana, or
depressant or stimulant substances, have become final," and
inserted at end "Any sentence imposing a term of imprisonment under
this paragraph may, if there was a prior conviction, impose a term
of supervised release of not more than 1 year, in addition to such
term of imprisonment."
Subsec. (h). Pub. L. 110-425, Sec. 3(f), added subsec. (h).
2006 - Subsec. (b)(5). Pub. L. 109-177, Sec. 732, inserted "or
manufacturing" after "cultivating" in introductory provisions.
Subsec. (f)(1). Pub. L. 109-177, Sec. 711(f)(1)(B), inserted ",
except to the extent that paragraph (12), (13), or (14) of section
842(a) of this title applies," after "shall".
Subsec. (g). Pub. L. 109-248 added subsec. (g).
2002 - Subsec. (b)(1)(A), (B). Pub. L. 107-273, Sec. 3005(a),
substituted "Notwithstanding section 3583 of title 18, any
sentence" for "Any sentence" in concluding provisions.
Subsec. (b)(1)(C), (D). Pub. L. 107-273, Sec. 3005(a),
substituted "Notwithstanding section 3583 of title 18, any
sentence" for "Any sentence".
Subsec. (d)(1). Pub. L. 107-273, Sec. 4002(d)(2)(A)(i),
substituted "or fined under title 18, or both" for "and shall be
fined not more than $10,000".
Subsec. (d)(2). Pub. L. 107-273, Sec. 4002(d)(2)(A)(ii),
substituted "or fined under title 18, or both" for "and shall be
fined not more than $20,000".
2000 - Subsec. (b)(1)(C). Pub. L. 106-172, Sec. 3(b)(1)(A),
inserted "gamma hydroxybutyric acid (including when scheduled as an
approved drug product for purposes of section 3(a)(1)(B) of the
Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act
of 2000)," after "schedule I or II," in first sentence.
Subsec. (b)(1)(D). Pub. L. 106-172, Sec. 3(b)(1)(B), substituted
"(other than gamma hydroxybutyric acid), or 30" for ", or 30".
Subsec. (b)(7)(A). Pub. L. 106-172, Sec. 5(b), inserted "or
controlled substance analogue" after "distributing a controlled
substance".
Subsecs. (c) to (g). Pub. L. 106-172, Sec. 9, redesignated
subsecs. (d) to (g) as (c) to (f), respectively.
1998 - Subsec. (b)(1). Pub. L. 105-277 in subpar. (A)(viii)
substituted "50 grams" and "500 grams" for "100 grams" and "1
kilogram", respectively, and in subpar. (B)(viii) substituted "5
grams" and "50 grams" for "10 grams" and "100 grams", respectively.
1996 - Subsec. (b)(1)(C). Pub. L. 104-305, Sec. 2(b)(1)(A),
inserted ", or 1 gram of flunitrazepam," after "schedule I or II".
Subsec. (b)(1)(D). Pub. L. 104-305, Sec. 2(b)(1)(B), inserted "or
30 milligrams of flunitrazepam," after "schedule III,".
Subsec. (b)(7). Pub. L. 104-305, Sec. 2(a), added par. (7).
Subsec. (d). Pub. L. 104-237, Sec. 302(a), in concluding
provisions, substituted "not more than 20 years in the case of a
violation of paragraph (1) or (2) involving a list I chemical or
not more than 10 years in the case of a violation of this
subsection other than a violation of paragraph (1) or (2) involving
a list I chemical," for "not more than 10 years,".
Subsec. (f). Pub. L. 104-237, Sec. 206(a), inserted "manufacture,
exportation," after "distribution," and struck out "regulated"
after "engaging in any".
1994 - Subsec. (b). Pub. L. 103-322, Sec. 180201(b)(2)(A),
inserted "849," before "859," in introductory provisions.
Subsec. (b)(1)(A). Pub. L. 103-322, Secs. 90105(c),
180201(b)(2)(A), in concluding provisions, inserted "849," before
"859," and struck out "For purposes of this subparagraph, the term
'felony drug offense' means an offense that is a felony under any
provision of this subchapter or any other Federal law that
prohibits or restricts conduct relating to narcotic drugs,
marihuana, or depressant or stimulant substances or a felony under
any law of a State or a foreign country that prohibits or restricts
conduct relating to narcotic drugs, marihuana, or depressant or
stimulant substances." before "Any sentence under this
subparagraph".
Subsec. (b)(1)(B). Pub. L. 103-322, Sec. 90105(a), in sentence in
concluding provisions beginning "If any person commits",
substituted "a prior conviction for a felony drug offense has
become final" for "one or more prior convictions for an offense
punishable under this paragraph, or for a felony under any other
provision of this subchapter or subchapter II of this chapter or
other law of a State, the United States, or a foreign country
relating to narcotic drugs, marihuana, or depressant or stimulant
substances, have become final".
Subsec. (b)(1)(C). Pub. L. 103-322, Sec. 90105(a), in sentence
beginning "If any person commits", substituted "a prior conviction
for a felony drug offense has become final" for "one or more prior
convictions for an offense punishable under this paragraph, or for
a felony under any other provision of this subchapter or subchapter
II of this chapter or other law of a State, the United States or a
foreign country relating to narcotic drugs, marihuana, or
depressant or stimulant substances, have become final".
Subsec. (b)(1)(D). Pub. L. 103-322, Sec. 90105(a), in sentence
beginning "If any person commits", substituted "a prior conviction
for a felony drug offense has become final" for "one or more prior
convictions of him for an offense punishable under this paragraph,
or for a felony under any other provision of this subchapter or
subchapter II of this chapter or other law of a State, the United
States, or a foreign country relating to narcotic drugs, marihuana,
or depressant or stimulant substances, have become final".
1990 - Subsec. (b). Pub. L. 101-647, Sec. 1002(e)(1), substituted
"section 859, 860, or 861" for "section 845, 845a, or 845b" in
introductory provisions.
Subsec. (b)(1)(A). Pub. L. 101-647, Sec. 1002(e)(1), substituted
"section 859, 860, or 861" for "section 845, 845a, or 845b" in
concluding provisions.
Subsec. (b)(1)(A)(ii)(IV). Pub. L. 101-647, Sec. 3599K,
substituted "any of the substances" for "any of the substance".
Subsec. (b)(1)(A)(viii). Pub. L. 101-647, Sec. 1202, substituted
"or 1 kilogram or more of a mixture or substance containing a
detectable amount of methamphetamine" for "or 100 grams or more of
a mixture or substance containing a detectable amount of
methamphetamine".
Subsec. (b)(1)(B)(ii)(IV). Pub. L. 101-647, Sec. 3599K,
substituted "any of the substances" for "any of the substance".
Subsec. (c). Pub. L. 101-647, Sec. 1002(e)(2), directed amendment
of subsec. (c) by substituting "section 859, 860, or 861 of this
title" for "section 845, 845a, or 845b of this title". Subsec. (c)
was previously repealed by Pub. L. 98-473, Sec. 224(a)(2), as
renumbered by Pub. L. 99-570, Sec. 1005(a), effective Nov. 1, 1987,
and applicable only to offenses committed after the taking effect
of such amendment. See 1984 Amendment note and Effective Date of
1984 Amendment note below.
1988 - Subsec. (b)(1)(A). Pub. L. 100-690, Secs. 6452(a),
6470(g), 6479(1), inserted ", or 1,000 or more marihuana plants
regardless of weight" in cl. (vii), added cl. (viii), substituted
"a prior conviction for a felony drug offense has become final" for
"one or more prior convictions for an offense punishable under this
paragraph, or for a felony under any other provision of this
subchapter or subchapter II of this chapter or other law of a
State, the United States, or a foreign country relating to narcotic
drugs, marihuana, or depressant or stimulant substances, have
become final" in second sentence, and added provisions relating to
sentencing for a person who violates this subpar. or section 485,
485a, or 485b of this title after two or more prior convictions for
a felony drug offense have become final and defining "felony drug
offense".
Subsec. (b)(1)(B). Pub. L. 100-690, Secs. 6470(h), 6479(2),
inserted ", or 100 or more marihuana plants regardless of weight"
in cl. (vii) and added cl. (viii).
Subsec. (b)(1)(D). Pub. L. 100-690, Sec. 6479(3), substituted "50
or more marihuana plants" for "100 or more marihuana plants".
Subsec. (b)(6). Pub. L. 100-690, Sec. 6254(h), added par. (6).
Subsec. (d). Pub. L. 100-690, Sec. 6055(a), amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as follows: "Any
person who knowingly or intentionally -
"(1) possesses any piperidine with intent to manufacture
phencyclidine except as authorized by this subchapter, or
"(2) possesses any piperidine knowing, or having reasonable
cause to believe, that the piperidine will be used to manufacture
phencyclidine except as authorized by this subchapter,
shall be sentenced to a term of imprisonment of not more than 5
years, a fine not to exceed the greater of that authorized in
accordance with the provisions of title 18 or $250,000 if the
defendant is an individual or $1,000,000 if the defendant is other
than an individual, or both."
Subsecs. (f), (g). Pub. L. 100-690, Sec. 6055(b), added subsecs.
(f) and (g).
1986 - Pub. L. 99-570, Sec. 1005(a), amended Pub. L. 98-473, Sec.
224(a). See 1984 Amendment note below.
Subsec. (b). Pub. L. 99-570, Sec. 1103(a), substituted ", 845a,
or 845b" for "or 845a" in introductory provisions.
Subsec. (b)(1)(A). Pub. L. 99-570, Sec. 1002(2), amended subpar.
(A) generally. Prior to amendment, subpar. (A) read as follows: "In
the case of a violation of subsection (a) of this section involving
-
"(i) 100 grams or more of a controlled substance in schedule I
or II which is a mixture or substance containing a detectable
amount of a narcotic drug other than a narcotic drug consisting
of -
"(I) coca leaves;
"(II) a compound, manufacture, salt, derivative, or
preparation of coca leaves; or
"(III) a substance chemically identical thereto;
"(ii) a kilogram or more of any other controlled substance in
schedule I or II which is a narcotic drug;
"(iii) 500 grams or more of phencyclidine (PCP); or
"(iv) 5 grams or more of lysergic acid diethylamide (LSD);
such person shall be sentenced to a term of imprisonment of not
more than 20 years, a fine of not more than $250,000, or both. If
any person commits such a violation after one or more prior
convictions of him for an offense punishable under this paragraph,
or for a felony under any other provision of this subchapter or
subchapter II of this chapter or other law of a State, the United
States, or a foreign country relating to narcotic drugs, marihuana,
or depressant or stimulant substances, have become final, such
person shall be sentenced to a term of imprisonment of not more
than 40 years, a fine of not more than $500,000, or both".
Subsec. (b)(1)(B). Pub. L. 99-570, Sec. 1002(2), amended subpar.
(B) generally. Prior to amendment, subpar. (B) read as follows: "In
the case of a controlled substance in schedule I or II except as
provided in subparagraphs (A) and (C),, such person shall be
sentenced to a term of imprisonment of not more than 15 years, a
fine of not more than $125,000, or both. If any person commits such
a violation after one or more prior convictions of him for an
offense punishable under this paragraph, or for a felony under any
other provision of this subchapter or subchapter II of this chapter
or other law of a State, the United States, or a foreign country
relating to narcotic drugs, marihuana, or depressant or stimulant
substances, have become final, such person shall be sentenced to a
term of imprisonment of not more than 30 years, a fine of not more
than $250,000, or both. Any sentence imposing a term of
imprisonment under this paragraph shall, in the absence of such a
prior conviction, impose a special parole term of at least 3 years
in addition to such term of imprisonment and shall, if there was
such a prior conviction, impose a special parole term of at least 6
years in addition to such term of imprisonment."
Subsec. (b)(1)(C). Pub. L. 99-570, Sec. 1002(2), added subpar.
(C). Former subpar. (C) redesignated (D).
Subsec. (b)(1)(D). Pub. L. 99-570, Sec. 1004(a), substituted
"term of supervised release" for "special parole term" in two
places.
Pub. L. 99-570, Secs. 1002(1), 1003(a)(1), redesignated former
subpar. (C) as (D), substituted "a fine not to exceed the greater
of that authorized in accordance with the provisions of title 18 or
$250,000 if the defendant is an individual or $1,000,000 if the
defendant is other than an individual" for "a fine of not more than
$50,000" and "a fine not to exceed the greater of twice that
authorized in accordance with the provisions of title 18 or
$500,000 if the defendant is an individual or $2,000,000 if the
defendant is other than an individual" for "a fine of not more than
$100,000", and inserted "except in the case of 100 or more
marihuana plants regardless of weight,".
Subsec. (b)(2). Pub. L. 99-570, Sec. 1004(a), substituted "term
of supervised release" for "special parole term" in two places.
Pub. L. 99-570, Sec. 1003(a)(2), substituted "a fine not to
exceed the greater of that authorized in accordance with the
provisions of title 18 or $250,000 if the defendant is an
individual or $1,000,000 if the defendant is other than an
individual" for "a fine of not more than $25,000" and "a fine not
to exceed the greater of twice that authorized in accordance with
the provisions of title 18 or $500,000 if the defendant is an
individual or $2,000,000 if the defendant is other than an
individual" for "a fine of not more than $50,000".
Subsec. (b)(3). Pub. L. 99-570, Sec. 1003(a)(3), substituted "a
fine not to exceed the greater of that authorized in accordance
with the provisions of title 18 or $100,000 if the defendant is an
individual or $250,000 if the defendant is other than an
individual" for "a fine of not more than $10,000" and "a fine not
to exceed the greater of twice that authorized in accordance with
the provisions of title 18 or $200,000 if the defendant is an
individual or $500,000 if the defendant is other than an
individual" for "a fine of not more than $20,000".
Subsec. (b)(4). Pub. L. 99-570, Sec. 1003(a)(4), which directed
the substitution of "1(D)" for "1(C)" was executed by substituting
"(1)(D)" for "(1)(C)" as the probable intent of Congress.
Subsec. (b)(5). Pub. L. 99-570, Sec. 1003(a)(5), amended par. (5)
generally. Prior to amendment, par. (5) read as follows:
"Notwithstanding paragraph (1), any person who violates subsection
(a) of this section by cultivating a controlled substance on
Federal property shall be fined not more than -
"(A) $500,000 if such person is an individual; and
"(B) $1,000,000 if such person is not an individual."
Subsec. (c). Pub. L. 99-570, Sec. 1004(a), substituted "term of
supervised release" for "special parole term" wherever appearing,
effective Nov. 1, 1987, the effective date of the repeal of subsec.
(c) by Pub. L. 98-473, Sec. 224(a)(2). See 1984 Amendment note
below.
Pub. L. 99-570, Sec. 1103(b), substituted ", 845a, or 845b" for
"845a" in two places.
Subsec. (d). Pub. L. 99-570, Sec. 1003(a)(6), substituted "a fine
not to exceed the greater of that authorized in accordance with the
provisions of title 18 or $250,000 if the defendant is an
individual or $1,000,000 if the defendant is other than an
individual" for "a fine of not more than $15,000".
Subsec. (e). Pub. L. 99-570, Sec. 15005, added subsec. (e).
1984 - Subsec. (b). Pub. L. 98-473, Sec. 503(b)(1), inserted
reference to section 845a of this title in provisions preceding
par. (1)(A).
Pub. L. 98-473, Sec. 224(a)(1)-(3), (5), which directed amendment
of this subsection effective Nov. 1, 1987 (see section 235(a)(1) of
Pub. L. 98-473 set out as an Effective Date note under section 3551
of Title 18, Crimes and Criminal Procedure) was repealed by Pub. L.
99-570, Sec. 1005(a), and the remaining pars. (4) and (6) of Pub.
L. 98-473, Sec. 224(a), were redesignated as pars. (1) and (2),
respectively.
Subsec. (b)(1)(A). Pub. L. 98-473, Sec. 502(1)(A), added subpar.
(A). Former subpar. (A) redesignated (B).
Subsec. (b)(1)(B). Pub. L. 98-473, Sec. 502(1)(A), (B),
redesignated former subpar. (A) as (B), substituted "except as
provided in subparagraphs (A) and (C)," for "which is a narcotic
drug", "$125,000" for "$25,000", and "$250,000" for "$50,000", and
inserted references to laws of a State and a foreign country.
Former subpar. (B) redesignated (C).
Subsec. (b)(1)(C). Pub. L. 98-473, Sec. 502(1)(A), (C),
redesignated former subpar. (B) as (C), substituted "less than 50
kilograms of marihuana, 10 kilograms of hashish, or one kilogram of
hashish oil" for "a controlled substance in schedule I or II which
is not a narcotic drug", "and (5)" for ", (5), and (6)", "$50,000"
for "$15,000", and "$100,000" for "$30,000", and inserted
references to laws of a State and a foreign country.
Subsec. (b)(2). Pub. L. 98-473, Sec. 502(2), substituted
"$25,000" for "$10,000" and "$50,000" for "$20,000", and inserted
references to laws of a State or of a foreign country.
Subsec. (b)(3). Pub. L. 98-473, Sec. 502(3), substituted
"$10,000" for "$5,000" and "$20,000" for "$10,000", and inserted
references to laws of a State or of a foreign country.
Subsec. (b)(4). Pub. L. 98-473, Sec. 502(4), substituted "(1)(C)"
for "(1)(B)".
Pub. L. 98-473, Sec. 224(a)(1), as renumbered by Pub. L. 99-570,
Sec. 1005(a), substituted "in section 844 of this title and section
3607 of title 18" for "in subsections (a) and (b) of section 844 of
this title".
Subsec. (b)(5). Pub. L. 98-473, Sec. 502(5), (6), added par. (5)
and struck out former par. (5) which related to penalties for
manufacturing, etc., phencyclidine.
Subsec. (b)(6). Pub. L. 98-473, Sec. 502(5), struck out par. (6)
which related to penalties for violations involving a quantity of
marihuana exceeding 1,000 pounds.
Subsec. (c). Pub. L. 98-473, Sec. 224(a)(2), as renumbered by
Pub. L. 99-570, Sec. 1005(a), struck out subsec. (c) which read as
follows: "A special parole term imposed under this section or
section 845, 845a, or 845b of this title may be revoked if its
terms and conditions are violated. In such circumstances the
original term of imprisonment shall be increased by the period of
the special parole term and the resulting new term of imprisonment
shall not be diminished by the time which was spent on special
parole. A person whose special parole term has been revoked may be
required to serve all or part of the remainder of the new term of
imprisonment. A special parole term provided for in this section or
section 845, 845a, or 845b of this title shall be in addition to,
and not in lieu of, any other parole provided for by law."
Pub. L. 98-473, Sec. 503(b)(2), inserted reference to section
845a of this title in two places.
1980 - Subsec. (b)(1)(B). Pub. L. 96-359, Sec. 8(c)(1), inserted
reference to par. (6) of this subsection.
Subsec. (b)(6). Pub. L. 96-359, Sec. 8(c)(2), added par. (6).
1978 - Subsec. (b)(1)(B). Pub. L. 95-633, Sec. 201(1), inserted
", except as provided in paragraphs (4) and (5) of this
subsection," after "such person shall".
Subsec. (b)(5). Pub. L. 95-633, Sec. 201(2), added par. (5).
Subsec. (d). Pub. L. 95-633, Sec. 201(3), added subsec. (d).
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110-425 effective 180 days after Oct. 15,
2008, except as otherwise provided, see section 3(j) of Pub. L. 110-
425, set out as a note under section 802 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by section 6055 of Pub. L. 100-690 effective 120 days
after Nov. 18, 1988, see section 6061 of Pub. L. 100-690, set out
as a note under section 802 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Section 1004(b) of Pub. L. 99-570 provided that: "The amendments
made by this section [amending this section and sections 845, 845a,
960, and 962 of this title] shall take effect on the date of the
taking effect of section 3583 of title 18, United States Code [Nov.
1, 1987]."
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by section 224(a) of Pub. L. 98-473 effective Nov. 1,
1987, and applicable only to offenses committed after the taking
effect of such amendment, see section 235(a)(1) of Pub. L. 98-473,
set out as an Effective Date note under section 3551 of Title 18,
Crimes and Criminal Procedure.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-633 effective Nov. 10, 1978, see section
203(a) of Pub. L. 95-633 set out as an Effective Date note under
section 830 of this title.
REPEALS
Pub. L. 96-359, Sec. 8(b), Sept. 26, 1980, 94 Stat. 1194,
repealed section 203(d) of Pub. L. 95-633, which had provided for
the repeal of subsec. (d) of this section effective Jan. 1, 1981.
FOOTNOTE
(!1) So in original. Probably should be "health".
(!2) So in original. Probably should be "section".
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