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US (United States) Code. Title 21. Chapter 13: Drug abuse prevention and control

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-CITE-

21 USC CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

-HEAD-

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

-MISC1-

SUBCHAPTER I - CONTROL AND ENFORCEMENT

PART A - INTRODUCTORY PROVISIONS

Sec.

801. Congressional findings and declarations: controlled

substances.

801a. Congressional findings and declarations: psychotropic

substances.

802. Definitions.

803. Repealed.

PART B - AUTHORITY TO CONTROL; STANDARDS AND SCHEDULES

811. Authority and criteria for classification of substances.

(a) Rules and regulations of Attorney General;

hearing.

(b) Evaluation of drugs and other substances.

schedules.

(d) International treaties, conventions, and

protocols requiring control; procedures

respecting changes in drug schedules of

Convention on Psychotropic Substances.

(e) Immediate precursors.

(f) Abuse potential.

(g) Exclusion of non-narcotic substances sold over

the counter without a prescription;

dextromethorphan; exemption of substances

lacking abuse potential.

(h) Temporary scheduling to avoid imminent hazards to

public safety.

812. Schedules of controlled substances.

(a) Establishment.

(b) Placement on schedules; findings required.

813. Treatment of controlled substance analogues.

814. Removal of exemption of certain drugs.

(a) Removal of exemption.

(b) Factors to be considered.

(d) Reinstatement of exemption with respect to

particular drug products.

(e) Reinstatement of exemption with respect to

ephedrine, pseudoephedrine, and

phenylpropanolamine drug products.

PART C - REGISTRATION OF MANUFACTURERS, DISTRIBUTORS, AND

DISPENSERS OF CONTROLLED SUBSTANCES

821. Rules and regulations.

822. Persons required to register.

(a) Period of registration.

(b) Authorized activities.

(d) Waiver.

(e) Separate registration.

(f) Inspection.

823. Registration requirements.

(a) Manufacturers of controlled substances in

schedule I or II.

(b) Distributors of controlled substances in schedule

I or II.

(d) Manufacturers of controlled substances in

schedule III, IV, or V.

(e) Distributors of controlled substances in schedule

III, IV, or V.

(f) Research by practitioners; pharmacies; research

applications; construction of Article 7 of the

Convention on Psychotropic Substances.

(g) Practitioners dispensing narcotic drugs for

narcotic treatment; annual registration;

separate registration; qualifications; waiver.

(h) Applicants for distribution of list I chemicals.

824. Denial, revocation, or suspension of registration.

(a) Grounds.

(b) Limits of revocation or suspension.

(d) Suspension of registration in cases of imminent

danger.

(e) Suspension and revocation of quotas.

(f) Disposition of controlled substances or list I

chemicals.

(g) Seizure or placement under seal of controlled

substances or list I chemicals.

825. Labeling and packaging.

(a) Symbol.

(b) Unlawful distribution without identifying symbol.

(d) Containers to be securely sealed.

826. Production quotas for controlled substances.

(a) Establishment of total annual needs.

(b) Individual production quotas; revised quotas.

manufacturers.

(d) Quotas for registrants who have not manufactured

controlled substance during one or more

preceding years.

(e) Quota increases.

(f) Incidental production exception.

827. Records and reports of registrants.

(a) Inventory.

(b) Availability of records.

(d) Periodic reports to Attorney General.

(e) Reporting and recordkeeping requirements of drug

conventions.

(f) Investigational uses of drugs; procedures.

(g) Change of address.

(h) Reporting requirements for GHB.

828. Order forms.

(a) Unlawful distribution of controlled substances.

(b) Nonapplicability of provisions.

(d) Issuance.

(e) Unlawful acts.

829. Prescriptions.

(a) Schedule II substances.

(b) Schedule III and IV substances.

(d) Non-prescription drugs with abuse potential.

830. Regulation of listed chemicals and certain machines.

(a) Record of regulated transactions.

(b) Reports to Attorney General.

Attorney General; non-disclosure; exceptions.

PART D - OFFENSES AND PENALTIES

841. Prohibited acts A.

(a) Unlawful acts.

(b) Penalties.

(d) Boobytraps on Federal property; penalties;

''boobytrap'' defined.

(e) Ten-year injunction as additional penalty.

(f) Wrongful distribution or possession of listed

chemicals.

842. Prohibited acts B.

(a) Unlawful acts.

(b) Manufacture.

843. Prohibited acts C.

(a) Unlawful acts.

(b) Communication facility.

(d) Penalties.

(e) Additional penalties.

(f) Injunctions.

844. Penalties for simple possession.

(a) Unlawful acts; penalties.

(b) Repealed.

844a. Civil penalty for possession of small amounts of certain

controlled substances.

(a) In general.

(b) Income and net assets.

(d) Limitation on number of assessments.

(e) Assessment.

(f) Compromise.

(g) Judicial review.

(h) Civil action.

(i) Limitation.

(j) Expungement procedures.

845 to 845b. Transferred.

846. Attempt and conspiracy.

847. Additional penalties.

848. Continuing criminal enterprise.

(a) Penalties; forfeitures.

(b) Life imprisonment for engaging in continuing

criminal enterprise.

(d) Suspension of sentence and probation prohibited.

(e) Death penalty.

(g) Hearing required with respect to death penalty.

(h) Notice by Government in death penalty cases.

(i) Hearing before court or jury.

(j) Proof of aggravating and mitigating factors.

(k) Return of findings.

(l) Imposition of sentence.

(m) Mitigating factors.

(n) Aggravating factors for homicide.

(o) Right of defendant to justice without

discrimination.

(p) Sentencing in capital cases in which death

penalty is not sought or imposed.

(q) Appeal in capital cases; counsel for financially

unable defendants.

(r) Refusal to participate by State and Federal

correctional employees.

849. Transportation safety offenses.

(a) Definitions.

(b) First offense.

850. Information for sentencing.

851. Proceedings to establish prior convictions.

(a) Information filed by United States Attorney.

(b) Affirmation or denial of previous conviction.

(d) Imposition of sentence.

(e) Statute of limitations.

852. Application of treaties and other international agreements.

853. Criminal forfeitures.

(a) Property subject to criminal forfeiture.

(b) Meaning of term ''property''.

(d) Rebuttable presumption.

(e) Protective orders.

(f) Warrant of seizure.

(g) Execution.

(h) Disposition of property.

(i) Authority of the Attorney General.

(j) Applicability of civil forfeiture provisions.

(k) Bar on intervention.

(l) Jurisdiction to enter orders.

(m) Depositions.

(n) Third party interests.

(o) Construction.

(p) Forfeiture of substitute property.

(q) Restitution for cleanup of clandestine laboratory

sites.

853a. Transferred.

854. Investment of illicit drug profits.

(a) Prohibition.

(b) Penalty.

(d) Construction.

855. Alternative fine.

856. Establishment of manufacturing operations.

(a) Unlawful acts.

(b) Penalties.

857. Repealed.

858. Endangering human life while illegally manufacturing

controlled substance.

859. Distribution to persons under age twenty-one.

(a) First offense.

(b) Second offense.

860. Distribution or manufacturing in or near schools and colleges.

(a) Penalty.

(b) Second offenders.

schools or playgrounds.

(d) Suspension of sentence; probation; parole.

(e) Definitions.

861. Employment or use of persons under 18 years of age in drug

operations.

(a) Unlawful acts.

(b) Penalty for first offense.

(d) Penalty for providing or distributing controlled

substance to underage person.

(e) Suspension of sentence; probation; parole.

(f) Distribution of controlled substance to pregnant

individual.

862. Denial of Federal benefits to drug traffickers and possessors.

(a) Drug traffickers.

(b) Drug possessors.

(d) Definitions.

(e) Inapplicability of this section to Government

witnesses.

(f) Indian provision.

(g) Presidential report.

(h) Effective date.

862a. Denial of assistance and benefits for certain drug-related

convictions.

(a) In general.

(b) Effects on assistance and benefits for others.

(d) Limitations.

(e) ''State'' defined.

(f) Rule of interpretation.

862b. Sanctioning for testing positive for controlled substances.

863. Drug paraphernalia.

(a) In general.

(b) Penalties.

(d) ''Drug paraphernalia'' defined.

(e) Matters considered in determination of what

constitutes drug paraphernalia.

(f) Exemptions.

864. Anhydrous ammonia.

PART E - ADMINISTRATIVE AND ENFORCEMENT PROVISIONS

871. Attorney General.

(a) Delegation of functions.

(b) Rules and regulations.

donations.

872. Education and research programs of Attorney General.

(a) Authorization.

(b) Contracts.

authorization to withhold.

(d) Affect of treaties and other international

agreements on confidentiality.

(e) Use of controlled substances in research.

(f) Program to curtail diversion of precursor and

essential chemicals.

872a. Public-private education program.

(a) Advisory panel.

(b) Continuation of current efforts.

873. Cooperative arrangements.

(a) Cooperation of Attorney General with local,

State, and Federal agencies.

(b) Requests by Attorney General for assistance from

Federal agencies or instrumentalities.

General to State agencies of distribution

patterns of schedule II substances having

highest rates of abuse.

(d) Grants by Attorney General.

874. Advisory committees.

875. Administrative hearings.

(a) Power of Attorney General.

(b) Procedures applicable.

876. Subpenas.

(a) Authorization of use by Attorney General.

(b) Service.

877. Judicial review.

878. Powers of enforcement personnel.

879. Search warrants.

880. Administrative inspections and warrants.

(a) ''Controlled premises'' defined.

(b) Grant of authority; scope of inspections.

(d) Administrative inspection warrants; issuance;

execution; probable cause.

881. Forfeitures.

(a) Subject property.

(b) Seizure procedures.

(d) Other laws and proceedings applicable.

(e) Disposition of forfeited property.

(f) Forfeiture and destruction of schedule I and II

substances.

(g) Plants.

(h) Vesting of title in United States.

(i) Stay of civil forfeiture proceedings.

(j) Venue.

(l) Agreement between Attorney General and Postal

Service for performance of functions.

881-1, 881a. Transferred.

882. Injunctions.

(a) Jurisdiction.

(b) Jury trial.

883. Enforcement proceedings.

884. Immunity and privilege.

(a) Refusal to testify.

(b) Order of United States district court.

885. Burden of proof; liabilities.

(a) Exemptions and exceptions; presumption in simple

possession offenses.

(b) Registration and order forms.

(d) Immunity of Federal, State, local and other

officials.

886. Payments and advances.

(a) Payment to informers.

(b) Reimbursement for purchase of controlled

substances.

(d) Drug Pollution Fund.

886a. Diversion Control Fee Account.

887. Coordination and consolidation of post-seizure administration.

888. Repealed.

889. Production control of controlled substances.

(a) Definitions.

(b) Persons ineligible for Federal agricultural

program benefits.

890. Review of Federal sales of chemicals usable to manufacture

controlled substances.

PART F - GENERAL PROVISIONS

901. Severability.

902. Savings provisions.

903. Application of State law.

904. Payment of tort claims.

SUBCHAPTER II - IMPORT AND EXPORT

951. Definitions.

952. Importation of controlled substances.

(a) Controlled substances in schedule I or II and

narcotic drugs in schedule III, IV, or V;

exceptions.

(b) Nonnarcotic controlled substances in schedule

III, IV, or V.

953. Exportation of controlled substances.

(a) Narcotic drugs in schedule I, II, III, or IV.

(b) Exception for exportation for special scientific

purposes.

or II.

(d) Exception for exportation for special scientific

purposes.

(e) Nonnarcotic controlled substances in schedule III

or IV; controlled substances in schedule V.

954. Transshipment and in-transit shipment of controlled

substances.

955. Possession on board vessels, etc., arriving in or departing

from United States.

955a to 955d. Transferred.

956. Exemption authority.

(a) Individual possessing controlled substance.

(b) Compound, mixture, or preparation.

957. Persons required to register.

(a) Coverage.

(b) Exemptions.

958. Registration requirements.

(a) Applicants to import or export controlled

substances in schedule I or II.

(b) Activity limited to specified substances.

schedule III, IV, or V or to export controlled

substances in schedule III or IV; applicants to

import or export list I chemicals.

(d) Denial of applications.

(e) Registration period.

(f) Rules and regulations.

(g) Scope of authorized activity.

(h) Separate registrations for each principal place

of business.

(i) Emergency situations.

959. Possession, manufacture, or distribution of controlled

substance.

(a) Manufacture or distribution for purpose of

unlawful importation.

(b) Possession, manufacture, or distribution by

person on board aircraft.

of United States; venue.

960. Prohibited acts A.

(a) Unlawful acts.

(b) Penalties.

(d) Penalty for importation or exportation.

961. Prohibited acts B.

962. Second or subsequent offenses.

(a) Term of imprisonment and fine.

(b) Determination of status.

963. Attempt and conspiracy.

964. Additional penalties.

965. Applicability of part E of subchapter I.

966. Authority of Secretary of the Treasury.

967. Smuggling of controlled substances; investigations; oaths;

subpenas; witnesses; evidence; production of records; territorial

limits; fees and mileage of witnesses.

968. Service of subpena; proof of service.

969. Contempt proceedings.

970. Criminal forfeitures.

971. Notification, suspension of shipment, and penalties with

respect to importation and exportation of listed chemicals.

(a) Notification prior to transaction.

(b) Regular customers or importers.

disqualification of regular customers or

importers; hearing.

(d) Broker or trader for international transaction in

listed chemical.

(e) Application of notification requirement to

exports of listed chemical; waiver.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 801a of this title; title

10 section 374; title 18 section 3582; title 19 section 1595a;

title 22 sections 283s, 284k, 285p; title 28 section 524; title 42

section 2000e-2; title 46 App. section 1903.

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21 USC SUBCHAPTER I - CONTROL AND ENFORCEMENT 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

-HEAD-

SUBCHAPTER I - CONTROL AND ENFORCEMENT

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 333, 951, 952, 958,

960, 965, 971 of this title; title 12 section 3420; title 15

section 5110; title 16 section 559d; title 18 sections 924, 929,

981, 986, 1864, 1956, 3142, 3554, 3592, 3663; title 20 section

1415; title 22 section 2714; title 23 section 159; title 28 section

524; title 29 section 705; title 40 section 1306; title 42 sections

242, 3751, 12111, 12210.

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21 USC Part A - Introductory Provisions 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part A - Introductory Provisions

-HEAD-

Part A - Introductory Provisions

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21 USC Sec. 801 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part A - Introductory Provisions

-HEAD-

Sec. 801. Congressional findings and declarations: controlled

substances

-STATUTE-

The Congress makes the following findings and declarations:

(1) Many of the drugs included within this subchapter have a

useful and legitimate medical purpose and are necessary to maintain

the health and general welfare of the American people.

(2) The illegal importation, manufacture, distribution, and

possession and improper use of controlled substances have a

substantial and detrimental effect on the health and general

welfare of the American people.

(3) A major portion of the traffic in controlled substances flows

through interstate and foreign commerce. Incidents of the traffic

which are not an integral part of the interstate or foreign flow,

such as manufacture, local distribution, and possession,

nonetheless have a substantial and direct effect upon interstate

commerce because -

(A) after manufacture, many controlled substances are

transported in interstate commerce,

(B) controlled substances distributed locally usually have been

transported in interstate commerce immediately before their

distribution, and

interstate commerce immediately prior to such possession.

(4) Local distribution and possession of controlled substances

contribute to swelling the interstate traffic in such substances.

(5) Controlled substances manufactured and distributed intrastate

cannot be differentiated from controlled substances manufactured

and distributed interstate. Thus, it is not feasible to

distinguish, in terms of controls, between controlled substances

manufactured and distributed interstate and controlled substances

manufactured and distributed intrastate.

(6) Federal control of the intrastate incidents of the traffic in

controlled substances is essential to the effective control of the

interstate incidents of such traffic.

(7) The United States is a party to the Single Convention on

Narcotic Drugs, 1961, and other international conventions designed

to establish effective control over international and domestic

traffic in controlled substances.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 101, Oct. 27, 1970, 84 Stat. 1242.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in par. (1), was in the original

''this title'', meaning title II of Pub. L. 91-513, Oct. 27, 1970,

84 Stat. 1242, as amended, 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

below and Tables.

-MISC2-

EFFECTIVE DATE

Section 704 of title II of Pub. L. 91-513 provided that:

''(a) Except as otherwise provided in this section, this title

(see Short Title note below) shall become effective on the first

day of the seventh calendar month that begins after the day

immediately preceding the date of enactment (Oct. 27, 1970).

''(b) Parts A, B, E, and F of this title (Parts A, B, E, and F of

this subchapter), section 702 (set out as a note under section 321

of this title), this section, and sections 705 through 709

(sections 901 to 904 of this title and note set out below), shall

become effective upon enactment (Oct. 27, 1970).

''(c) Sections 305 (relating to labels and labeling) (section 825

of this title), and 306 (relating to manufacturing quotas) (section

826 of this title) shall become effective on the date specified in

subsection (a) of this section, except that the Attorney General

may by order published in the Federal Register postpone the

effective date of either or both of these sections for such period

as he may determine to be necessary for the efficient

administration of this title (see Short Title note below).''

SHORT TITLE OF 2000 AMENDMENTS

Pub. L. 106-310, div. B, title XXXV, Sec. 3501, Oct. 17, 2000,

114 Stat. 1222, provided that: ''This title (amending sections 823

and 824 of this title) may be cited as the 'Drug Addiction

Treatment Act of 2000'.''

Pub. L. 106-310, div. B, title XXXVI, Sec. 3601, Oct. 17, 2000,

114 Stat. 1227, provided that: ''This title (enacting section 864

of this title and sections 290aa-5b and 290bb-9 of Title 42, The

Public Health and Welfare, amending sections 802, 830, 853, 856,

and 863 of this title, sections 3663 and 3663A of Title 18, Crimes

and Criminal Procedure, section 524 of Title 28, Judiciary and

Judicial Procedure, and sections 285o-2 and 3751 of Title 42, and

enacting provisions set out as notes under this section and

sections 802, 872, 873, 886, and 1706 of this title, sections 524

and 994 of Title 28, and sections 201, 290aa-4, 290aa-5b and 3751

of Title 42) may be cited as the 'Methamphetamine

Anti-Proliferation Act of 2000'.''

Pub. L. 106-172, Sec. 1, Feb. 18, 2000, 114 Stat. 7, provided

that: ''This Act (amending sections 802, 827, 841 and 960 of this

title and enacting provisions set out as notes under this section

and section 812 of this title) may be cited as the 'Hillory J.

Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000'.''

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-277, div. C, title VIII, Sec. 801(a), Oct. 21, 1998,

112 Stat. 2681-693, provided that: ''This title (enacting section

1713 of this title and section 2291-5 of Title 22, Foreign

Relations and Intercourse, amending section 956 of this title, and

enacting provisions set out as notes under sections 801 and 956 of

this title and section 2291 of Title 22) may be cited as the

'Western Hemisphere Drug Elimination Act'.''

Pub. L. 105-277, div. C, title VIII, subtitle G (Sec. 871, 872),

Sec. 871, Oct. 21, 1998, 112 Stat. 2681-707, and Pub. L. 105-357,

Sec. 1, Nov. 10, 1998, 112 Stat. 3271, provided that such subtitle

and such Act, which amended section 956 of this title and enacted

provisions set out as notes under section 956 of this title ''may

be cited as the 'Controlled Substances Trafficking Prohibition

Act'.''

Pub. L. 105-277, div. E, Sec. 1, Oct. 21, 1998, 112 Stat.

2681-759, provided that: ''This division (amending sections 841 and

960 of this title and section 13705 of Title 42, The Public Health

and Welfare) may be cited as the 'Methamphetamine Trafficking

Penalty Enhancement Act of 1998'.''

SHORT TITLE OF 1996 AMENDMENTS

Pub. L. 104-305, Sec. 1, Oct. 13, 1996, 110 Stat. 3807, provided

that: ''This Act (amending sections 841, 844, 959, and 960 of this

title and enacting provisions set out as notes under section 872 of

this title and section 994 of Title 28, Judiciary and Judicial

Procedure) may be cited as the 'Drug-Induced Rape Prevention and

Punishment Act of 1996'.''

Pub. L. 104-237, Sec. 1(a), Oct. 3, 1996, 110 Stat. 3099,

provided that: ''This Act (enacting section 872a of this title,

amending sections 802, 814, 830, 841 to 844, 853, 881, 959, and 960

of this title and section 1607 of Title 19, Customs Duties, and

enacting provisions set out as notes under this section and

sections 802, 872, and 971 of this title, section 994 of Title 28,

Judiciary and Judicial Procedure, and section 290aa-4 of Title 42,

The Public Health and Welfare) may be cited as the 'Comprehensive

Methamphetamine Control Act of 1996'.''

SHORT TITLE OF 1994 AMENDMENT

Pub. L. 103-322, title XVIII, Sec. 180201(a), Sept. 13, 1994, 108

Stat. 2046, provided that: ''This section (enacting section 849 of

this title, amending section 841 of this title, and enacting

provisions set out as a note under section 994 of Title 28,

Judiciary and Judicial Procedure) may be cited as the 'Drug Free

Truck Stop Act'.''

SHORT TITLE OF 1993 AMENDMENT

Pub. L. 103-200, Sec. 1, Dec. 17, 1993, 107 Stat. 2333, provided

that: ''This Act (enacting section 814 of this title, amending

sections 802, 821 to 824, 830, 843, 880, 957, 958, 960, and 971 of

this title, and enacting provisions set out as a note under section

802 of this title) may be cited as the 'Domestic Chemical Diversion

Control Act of 1993'.''

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-647, title XIX, Sec. 1901, Nov. 29, 1990, 104 Stat.

4851, provided that: ''This Act (probably means title XIX of Pub.

L. 101-647, which amended sections 333, 802, 812, and 844 of this

title and section 290aa-6 of Title 42, The Public Health and

Welfare, repealed section 333a of this title, and enacted

provisions set out as notes under sections 802 and 829 of this

title) may be cited as the 'Anabolic Steroids Control Act of

1990'.''

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-690, title VI, Sec. 6001, Nov. 18, 1988, 102 Stat.

4312, provided that: ''This title (see Tables for classification)

may be cited as the 'Anti-Drug Abuse Amendments Act of 1988'.''

Pub. L. 100-690, title VI, Sec. 6051, Nov. 18, 1988, 102 Stat.

4312, provided that: ''This subtitle (subtitle A (Sec. 6051-6061)

of title VI of Pub. L. 100-690, enacting section 971 of this title,

amending sections 802, 830, 841 to 843, 872, 876, 881, 960, and 961

of this title, and enacting provisions set out as notes under

sections 802 and 971 of this title) may be cited as the 'Chemical

Diversion and Trafficking Act of 1988'.''

Pub. L. 100-690, title VI, Sec. 6071, Nov. 18, 1988, 102 Stat.

4320, provided that: ''This subtitle (subtitle B (Sec. 6071-6080)

of title VI of Pub. L. 100-690, enacting sections 881-1, 887, and

1509 of this title, amending section 881 of this title, section

1594 of Title 19, Customs Duties, section 524 of Title 28,

Judiciary and Judicial Procedure, and section 782 of former Title

49, Transportation, and enacting provisions set out as notes under

section 881 of this title) may be cited as the 'Asset Forfeiture

Amendments Act of 1988'.''

SHORT TITLE OF 1986 AMENDMENT

Pub. L. 99-570, Sec. 1, Oct. 27, 1986, 100 Stat. 3207, provided

that: ''This Act (see Tables for classification) may be cited as

the 'Anti-Drug Abuse Act of 1986'.''

Pub. L. 99-570, title I, Sec. 1001, Oct. 27, 1986, 100 Stat.

3207-2, provided that: ''This subtitle (subtitle A (Sec. 1001-1009)

of title I of Pub. L. 99-570, amending sections 802, 841, 845,

845a, 848, 881, 960, and 962 of this title, sections 3553 and 3583

of Title 18, Crimes and Criminal Procedure, rule 35 of the Federal

Rules of Criminal Procedure, Title 18, Appendix, and section 994 of

Title 28, Judiciary and Judicial Procedure, and enacting provisions

set out as notes under section 841 of this title, sections 3553 and

3583 of Title 18, and rule 35 of the Federal Rules of Criminal

Procedure) may be cited as the 'Narcotics Penalties and Enforcement

Act of 1986'.''

Pub. L. 99-570, title I, Sec. 1051, Oct. 27, 1986, 100 Stat.

3207-8, provided that: ''This subtitle (subtitle B (Sec. 1051,

1052) of title I of Pub. L. 99-570, amending section 844 of this

title) may be cited as the 'Drug Possession Penalty Act of 1986'.''

Pub. L. 99-570, title I, Sec. 1101, Oct. 27, 1986, 100 Stat.

3207-10, provided that: ''This subtitle (subtitle C (Sec.

1101-1105) of title I of Pub. L. 99-570, enacting section 845b of

this title and amending sections 841, 845, and 845a of this title)

may be cited as the 'Juvenile Drug Trafficking Act of 1986'.''

Pub. L. 99-570, title I, Sec. 1201, Oct. 27, 1986, 100 Stat.

3207-13, provided that: ''This subtitle (subtitle E (Sec.

1201-1204) of title I of Pub. L. 99-570, enacting section 813 of

this title and amending section 802 of this title) may be cited as

the 'Controlled Substance Analogue Enforcement Act of 1986'.''

Pub. L. 99-570, title I, Sec. 1251, Oct. 27, 1986, 100 Stat.

3207-14, provided that: ''This subtitle (subtitle F (Sec.

1251-1253) of title I of Pub. L. 99-570, amending section 848 of

this title) may be cited as the 'Continuing Drug Enterprises Act of

1986'.''

Pub. L. 99-570, title I, Sec. 1301, Oct. 27, 1986, 100 Stat.

3207-15, provided that: ''This subtitle (subtitle G (Sec. 1301,

1302) of title I of Pub. L. 99-570, amending section 960 of this

title) may be cited as the 'Controlled Substances Import and Export

Penalties Enhancement Act of 1986'.''

Pub. L. 99-570, title I, Sec. 1821, Oct. 27, 1986, 100 Stat.

3207-51, which provided that subtitle O (Sec. 1821-1823) of title I

of Pub. L. 99-570, enacting section 857 of this title and

provisions set out as a note under section 857 of this title, was

to be cited as the ''Mail Order Drug Paraphernalia Control Act'',

was repealed by Pub. L. 101-647, title XXIV, Sec. 2401(d), Nov. 29,

1990, 104 Stat. 4859.

Pub. L. 99-570, title I, Sec. 1991, Oct. 27, 1986, 100 Stat.

3207-59, provided that: ''This subtitle (subtitle U (Sec. 1991,

1992) of title I of Pub. L. 99-570, amending section 881 of this

title) may be cited as the 'Federal Drug Law Enforcement Agent

Protection Act of 1986'.''

SHORT TITLE OF 1984 AMENDMENT

Pub. L. 98-473, title II, Sec. 501, Oct. 12, 1984, 98 Stat. 2068,

provided that: ''This chapter (chapter V (Sec. 501-525) of title II

of Pub. L. 98-473, enacting section 845a of this title, amending

sections 802, 811, 812, 822-824, 827, 841, 843, 845, 873, 881, 952,

953, 957, 958, 960, and 962 of this title, and enacting provisions

set out as a note under this section) may be cited as the

'Controlled Substances Penalties Amendments Act of 1984'.''

Pub. L. 98-473, title II, Sec. 506(a), Oct. 12, 1984, 98 Stat.

2070, provided that: ''This part (part B of chapter V (Sec.

506-525) of title II of Pub. L. 98-473, amending sections 802, 811,

812, 822-824, 827, 843, 873, 881, 952, 953, 957, and 958 of this

title) may be cited as the 'Dangerous Drug Diversion Control Act of

1984'.''

SHORT TITLE OF 1978 AMENDMENT

Pub. L. 95-633, Sec. 1, Nov. 10, 1978, 92 Stat. 3768, provided:

''That this Act (enacting sections 801a, 830, and 852 of this

title, amending sections 352, 802, 811, 812, 823, 827, 841 to 843,

872, 881, 952, 953, and 965 of this title and section 242a of Title

42, The Public Health and Welfare, repealing section 830 of this

title (effective Jan. 1, 1981), and enacting provisions set out as

notes under sections 801a, 812, and 830 of this title) may be cited

as the 'Psychotropic Substances Act of 1978'.''

SHORT TITLE OF 1974 AMENDMENT

Pub. L. 93-281, Sec. 1, May 14, 1974, 88 Stat. 124, provided:

''That this Act (amending sections 802, 823, 824, and 827 of this

title) may be cited as the 'Narcotic Addict Treatment Act of

1974'.''

SHORT TITLE

Pub. L. 91-513, in the provisions preceding section 1 immediately

following the enacting clause, provided: ''That this Act (enacting

this chapter and sections 257a, 2688l-1, 2688n-1, and 3509 of Title

42, The Public Health and Welfare, amending sections 162, 198a,

321, 331, 333, 334, 360, 372, and 381 of this title, sections 1114,

1952, and 4251 of Title 18, Crimes and Criminal Procedure, sections

1584, 2078, 2079, and 2080 of Title 19, Customs Duties, sections

4901, 4905, 6808, 7012, 7103, 7326, 7607, 7609, 7641, 7651, and

7655 of Title 26, Internal Revenue Code, section 2901 of Title 28,

Judiciary and Judicial Procedure, section 304m of former Title 40,

Public Buildings, Property, and Works, sections 201, 225a, 242,

242a, 246, 257, 258, 259, 260, 261, 261a, 2688k, 2688l, 2688m,

2688n, 2688o, 2688r, and 3411 of Title 42, The Public Health and

Welfare, section 239a of former Title 46, Shipping, and section 787

of Title 49, Appendix, Transportation, repealing sections 171 to

174, 176 to 185, 188 to 188n, 191 to 193, 197, 198, 199, 360a, and

501 to 517 of this title, sections 1401 to 1407 and 3616 of Title

18, sections 4701 to 4707, 4711 to 4716, 4721 to 4726, 4731 to

4736, 4741 to 4746, 4751 to 4757, 4761, 4762, 4771 to 4776, 7237,

7238, and 7491 of Title 26, sections 529a and 529g of former Title

31, Money and Finance, and section 1421m of Title 48, Territories

and Insular Possessions, and enacting provisions set out as notes

under this section and sections 171, 321, 822, 951, and 957 of this

title) may be cited as the 'Comprehensive Drug Abuse Prevention and

Control Act of 1970'.''

Section 100 of title II of Pub. L. 91-513 provided that: ''This

title (enacting this subchapter, repealing section 360a of this

title, amending sections 321, 331, 333, 334, 360, 372, and 381 of

this title, sections 1114 and 1952 of Title 18, Crimes and Criminal

Procedure, and section 242 of Title 42, The Public Health and

Welfare, and enacting provisions set out as notes under this

section and sections 321 and 822 of this title) may be cited as the

'Controlled Substances Act'.''

For short title and complete classification of title III of Pub.

L. 91-513, which enacted subchapter II of this chapter, as the

''Controlled Substances Import and Export Act'', see section 1000

of Pub. L. 91-513, set out as a note under section 951 of this

title.

SEVERABILITY

Pub. L. 106-310, div. B, title XXXVI, Sec. 3673, Oct. 17, 2000,

114 Stat. 1246, provided that: ''Any provision of this title (see

Short Title of 2000 Amendments note above) held to be invalid or

unenforceable by its terms, or as applied to any person or

circumstance, shall be construed as to give the maximum effect

permitted by law, unless such provision is held to be utterly

invalid or unenforceable, in which event such provision shall be

severed from this title and shall not affect the applicability of

the remainder of this title, or of such provision, to other persons

not similarly situated or to other, dissimilar circumstances.''

CONTINUATION OF ORDERS, RULES, AND REGULATIONS

Section 705 of title II of Pub. L. 91-513 provided that: ''Any

orders, rules, and regulations which have been promulgated under

any law affected by this title (see Short Title note above) and

which are in effect on the day preceding enactment of this title

(Oct. 27, 1970) shall continue in effect until modified,

superseded, or repealed.''

ANTI-DRUG MESSAGES ON FEDERAL GOVERNMENT INTERNET SITES

Pub. L. 106-391, title III, Sec. 320, Oct. 30, 2000, 114 Stat.

1597, provided that: ''Not later than 90 days after the date of the

enactment of this Act (Oct. 30, 2000), the Administrator (of the

National Aeronautics and Space Administration), in consultation

with the Director of the Office of National Drug Control Policy,

shall place anti-drug messages on Internet sites controlled by the

National Aeronautics and Space Administration.''

Pub. L. 106-310, div. B, title XXXVI, Sec. 3671, Oct. 17, 2000,

114 Stat. 1245, provided that: ''Not later than 90 days after the

date of the enactment of this Act (Oct. 17, 2000), the head of each

department, agency, and establishment of the Federal Government

shall, in consultation with the Director of the Office of National

Drug Control Policy, place antidrug messages on appropriate

Internet websites controlled by such department, agency, or

establishment which messages shall, where appropriate, contain an

electronic hyperlink to the Internet website, if any, of the

Office.''

PROTOCOLS FOR INVESTIGATIONS AND PROSECUTIONS RELATING TO DATE-RAPE

DRUGS AND OTHER CONTROLLED SUBSTANCES; ANNUAL REPORT; NATIONAL

AWARENESS CAMPAIGN

Pub. L. 106-172, Sec. 6, 7, Feb. 18, 2000, 114 Stat. 11, provided

that:

''SEC. 6. DEVELOPMENT OF MODEL PROTOCOLS, TRAINING MATERIALS,

FORENSIC FIELD TESTS, AND COORDINATION MECHANISM FOR

INVESTIGATIONS AND PROSECUTIONS RELATING TO GAMMA

HYDROXYBUTYRIC ACID, OTHER CONTROLLED SUBSTANCES, AND DESIGNER

DRUGS.

''(a) In General. - The Attorney General, in consultation with

the Administrator of the Drug Enforcement Administration and the

Director of the Federal Bureau of Investigation, shall -

''(1) develop -

''(A) model protocols for the collection of toxicology

specimens and the taking of victim statements in connection

with investigations into and prosecutions related to possible

violations of the Controlled Substances Act (21 U.S.C. 801 et

seq.) or other Federal or State laws that result in or

contribute to rape, other crimes of violence, or other crimes

involving abuse of gamma hydroxybutyric acid, other controlled

substances, or so-called 'designer drugs'; and

''(B) model training materials for law enforcement personnel

involved in such investigations; and

''(2) make such protocols and training materials available to

Federal, State, and local personnel responsible for such

investigations.

''(b) Grant. -

''(1) In general. - The Attorney General shall make a grant, in

such amount and to such public or private person or entity as the

Attorney General considers appropriate, for the development of

forensic field tests to assist law enforcement officials in

detecting the presence of gamma hydroxybutyric acid and related

substances.

''(2) Authorization of appropriations. - There are authorized

to be appropriated such sums as may be necessary to carry out

this subsection.

''(c) Report. - Not later than 180 days after the date of the

enactment of this Act (Feb. 18, 2000), the Attorney General shall

submit to the Committees on the Judiciary of the Senate and House

of Representatives a report on current mechanisms for coordinating

Federal, State, and local investigations into and prosecutions

related to possible violations of the Controlled Substances Act (21

U.S.C. 801 et seq.) or other Federal or State laws that result in

or contribute to rape, other crimes of violence, or other crimes

involving the abuse of gamma hydroxybutyric acid, other controlled

substances, or so-called 'designer drugs'. The report shall also

include recommendations for the improvement of such mechanisms.

''SEC. 7. ANNUAL REPORT REGARDING DATE-RAPE DRUGS; NATIONAL

AWARENESS CAMPAIGN.

''(a) Annual Report. - The Secretary of Health and Human Services

(in this section referred to as the 'Secretary') shall periodically

submit to Congress reports each of which provides an estimate of

the number of incidents of the abuse of date-rape drugs (as defined

in subsection (c)) that occurred during the most recent 1-year

period for which data are available. The first such report shall

be submitted not later than January 15, 2000, and subsequent

reports shall be submitted annually thereafter.

''(b) National Awareness Campaign. -

''(1) Development of plan; recommendations of advisory

committee. -

''(A) In general. - The Secretary, in consultation with the

Attorney General, shall develop a plan for carrying out a

national campaign to educate individuals described in

subparagraph (B) on the following:

''(i) The dangers of date-rape drugs.

''(ii) The applicability of the Controlled Substances Act

(21 U.S.C. 801 et seq.) to such drugs, including penalties

under such Act.

''(iii) Recognizing the symptoms that indicate an

individual may be a victim of such drugs, including symptoms

with respect to sexual assault.

''(iv) Appropriately responding when an individual has such

symptoms.

''(B) Intended population. - The individuals referred to in

subparagraph (A) are young adults, youths, law enforcement

personnel, educators, school nurses, counselors of rape

victims, and emergency room personnel in hospitals.

''(C) Advisory committee. - Not later than 180 days after the

date of the enactment of this Act (Feb. 18, 2000), the

Secretary shall establish an advisory committee to make

recommendations to the Secretary regarding the plan under

subparagraph (A). The committee shall be composed of

individuals who collectively possess expertise on the effects

of date-rape drugs and on detecting and controlling the drugs.

''(2) Implementation of plan. - Not later than 180 days after

the date on which the advisory committee under paragraph (1) is

established, the Secretary, in consultation with the Attorney

General, shall commence carrying out the national campaign under

such paragraph in accordance with the plan developed under such

paragraph. The campaign may be carried out directly by the

Secretary and through grants and contracts.

''(3) Evaluation by general accounting office. - Not later than

2 years after the date on which the national campaign under

paragraph (1) is commenced, the Comptroller General of the United

States shall submit to Congress an evaluation of the effects with

respect to date-rape drugs of the national campaign.

''(c) Definition. - For purposes of this section, the term

'date-rape drugs' means gamma hydroxybutyric acid and its salts,

isomers, and salts of isomers and such other drugs or substances as

the Secretary, after consultation with the Attorney General,

determines to be appropriate.''

CONGRESSIONAL FINDINGS REGARDING METHAMPHETAMINE MANUFACTURE AND

ABUSE

Pub. L. 104-237, Sec. 2, Oct. 3, 1996, 110 Stat. 3100, provided

that: ''The Congress finds the following:

''(1) Methamphetamine is a very dangerous and harmful drug. It

is highly addictive and is associated with permanent brain damage

in long-term users.

''(2) The abuse of methamphetamine has increased dramatically

since 1990. This increased use has led to devastating effects on

individuals and the community, including -

''(A) a dramatic increase in deaths associated with

methamphetamine ingestion;

''(B) an increase in the number of violent crimes associated

with methamphetamine ingestion; and

''(C) an increase in criminal activity associated with the

illegal importation of methamphetamine and precursor compounds

to support the growing appetite for this drug in the United

States.

''(3) Illegal methamphetamine manufacture and abuse presents an

imminent public health threat that warrants aggressive law

enforcement action, increased research on methamphetamine and

other substance abuse, increased coordinated efforts to prevent

methamphetamine abuse, and increased monitoring of the public

health threat methamphetamine presents to the communities of the

United States.''

SUPPORT FOR INTERNATIONAL EFFORTS TO CONTROL METHAMPHETAMINE AND

PRECURSORS

Pub. L. 104-237, title I, Sec. 101, Oct. 3, 1996, 110 Stat. 3100,

provided that: ''The Attorney General, in consultation with the

Secretary of State, shall coordinate international drug enforcement

efforts to decrease the movement of methamphetamine and

methamphetamine precursors into the United States.''

INTERAGENCY METHAMPHETAMINE TASK FORCE

Pub. L. 104-237, title V, Sec. 501, Oct. 3, 1996, 110 Stat. 3111,

provided that:

''(a) Establishment. - There is established a 'Methamphetamine

Interagency Task Force' (referred to as the 'interagency task

force') which shall consist of the following members:

''(1) The Attorney General, or a designee, who shall serve as

chair.

''(2) 2 representatives selected by the Attorney General.

''(3) The Secretary of Education or a designee.

''(4) The Secretary of Health and Human Services or a designee.

''(5) 2 representatives of State and local law enforcement and

regulatory agencies, to be selected by the Attorney General.

''(6) 2 representatives selected by the Secretary of Health and

Human Services.

''(7) 5 nongovernmental experts in drug abuse prevention and

treatment to be selected by the Attorney General.

''(b) Responsibilities. - The interagency task force shall be

responsible for designing, implementing, and evaluating the

education and prevention and treatment practices and strategies of

the Federal Government with respect to methamphetamine and other

synthetic stimulants.

''(c) Meetings. - The interagency task force shall meet at least

once every 6 months.

''(d) Funding. - The administrative expenses of the interagency

task force shall be paid out of existing Department of Justice

appropriations.

''(e) FACA. - The Federal Advisory Committee Act (5 U.S.C. App.

2) (5 U.S.C. App.) shall apply to the interagency task force.

''(f) Termination. - The interagency task force shall terminate 4

years after the date of enactment of this Act (Oct. 3, 1996).''

SUSPICIOUS ORDERS TASK FORCE

Pub. L. 104-237, title V, Sec. 504, Oct. 3, 1996, 110 Stat. 3112,

provided that:

''(a) In General. - The Attorney General shall establish a

'Suspicious Orders Task Force' (the 'Task Force') which shall

consist of -

''(1) appropriate personnel from the Drug Enforcement

Administration (the 'DEA') and other Federal, State, and local

law enforcement and regulatory agencies with the experience in

investigating and prosecuting illegal transactions of listed

chemicals and supplies; and

''(2) representatives from the chemical and pharmaceutical

industry.

''(b) Responsibilities. - The Task Force shall be responsible for

developing proposals to define suspicious orders of listed

chemicals, and particularly to develop quantifiable parameters

which can be used by registrants in determining if an order is a

suspicious order which must be reported to DEA. The quantifiable

parameters to be addressed will include frequency of orders,

deviations from prior orders, and size of orders. The Task Force

shall also recommend provisions as to what types of payment

practices or unusual business practices shall constitute prima

facie suspicious orders. In evaluating the proposals, the Task

Force shall consider effectiveness, cost and feasibility for

industry and government, and other relevant factors.

''(c) Meetings. - The Task Force shall meet at least two times

per year and at such other times as may be determined necessary by

the Task Force.

''(d) Report. - The Task Force shall present a report to the

Attorney General on its proposals with regard to suspicious orders

and the electronic reporting of suspicious orders within one year

of the date of enactment of this Act (Oct. 3, 1996). Copies of the

report shall be forwarded to the Committees of the Senate and House

of Representatives having jurisdiction over the regulation of

listed chemical and controlled substances.

''(e) Funding. - The administrative expenses of the Task Force

shall be paid out of existing Department of Justice funds or

appropriations.

''(f) FACA. - The Federal Advisory Committee Act (5 U.S.C. App.

2) (5 U.S.C. App.) shall apply to the Task Force.

''(g) Termination. - The Task Force shall terminate upon

presentation of its report to the Attorney General, or two years

after the date of enactment of this Act (Oct. 3, 1996), whichever

is sooner.''

JOINT FEDERAL TASK FORCE ON ILLEGAL DRUG LABORATORIES

Pub. L. 100-690, title II, Sec. 2405, Nov. 18, 1988, 102 Stat.

4231, provided that:

''(a) Establishment of Task Force. - There is established the

Joint Federal Task Force on Illegal Drug Laboratories (hereafter in

this section referred to as the 'Task Force').

''(b) Appointment and Membership of Task Force. - The members of

the Task Force shall be appointed by the Administrators of the

Environmental Protection Agency and the Drug Enforcement

Administration (hereafter in this section referred to as the

'Administrators'). The Task Force shall consist of at least 6 and

not more than 20 members. Each Administrator shall appoint

one-half of the members as follows: (1) the Administrator of the

Environmental Protection Agency shall appoint members from among

Emergency Response Technicians and other appropriate employees of

the Agency; and (2) the Administrator of the Drug Enforcement

Administration shall appoint members from among Special Agents

assigned to field divisions and other appropriate employees of the

Administration.

''(c) Duties of Task Force. - The Task Force shall formulate,

establish, and implement a program for the cleanup and disposal of

hazardous waste produced by illegal drug laboratories. In

formulating such program, the Task Force shall consider the

following factors:

''(1) The volume of hazardous waste produced by illegal drug

laboratories.

''(2) The cost of cleaning up and disposing of hazardous waste

produced by illegal drug laboratories.

''(3) The effectiveness of the various methods of cleaning up

and disposing of hazardous waste produced by illegal drug

laboratories.

''(4) The coordination of the efforts of the Environmental

Protection Agency and the Drug Enforcement Administration in

cleaning up and disposing of hazardous waste produced by illegal

drug laboratories.

''(5) The dissemination of information to law enforcement

agencies that have responsibility for enforcement of drug laws.

''(d) Guidelines. - The Task Force shall recommend to the

Administrators guidelines for cleanup of illegal drug laboratories

to protect the public health and environment. Not later than 180

days after the date of the enactment of this subtitle (Nov. 18,

1988), the Administrators shall formulate and publish such

guidelines.

''(e) Demonstration Projects. -

''(1) The Attorney General shall make grants to, and enter into

contracts with, State and local governments for demonstration

projects to clean up and safely dispose of substances associated

with illegal drug laboratories which may present a danger to

public health or the environment.

''(2) The Attorney General may not under this subsection make a

grant or enter into a contract unless the applicant for such

assistance agrees to comply with the guidelines issued pursuant

to subsection (d).

''(3) The Attorney General shall, through grant or contract,

provide for independent evaluations of the activities carried out

pursuant to this subsection and shall recommend appropriate

legislation to the Congress.

''(f) Funding. - Of the amounts made available to carry out the

Controlled Substances Act (21 U.S.C. 801 et seq.) for fiscal year

1989, not less than $5,000,000 shall be made available to carry out

subsections (d) and (e).

''(g) Reports. - After consultation with the Task Force, the

Administrators shall -

''(1) transmit to the President and to each House of Congress

not later than 270 days after the date of the enactment of this

subtitle (Nov. 18, 1988) a report describing the program

established by the Task Force under subsection (c) (including an

analysis of the factors specified in paragraphs (1) through (5)

of that subsection);

''(2) periodically transmit to the President and to each House

of Congress reports describing the implementation of the program

established by the Task Force under subsection (c) (including an

analysis of the factors specified in paragraphs (1) through (5)

of that subsection) and the progress made in the cleanup and

disposal of hazardous waste produced by illegal drug

laboratories; and

''(3) transmit to each House of Congress a report describing

the findings made as a result of the evaluations referred to in

subsection (e)(3).''

GREAT LAKES DRUG INTERDICTION

Pub. L. 100-690, title VII, Sec. 7404, Nov. 18, 1988, 102 Stat.

4484, provided that:

''(a) Interagency Agreement. - The Secretary of Transportation

and the Secretary of the Treasury shall enter into an agreement for

the purpose of increasing the effectiveness of maritime drug

interdiction activities of the Coast Guard and the Customs Service

in the Great Lakes area.

''(b) Negotiations With Canada on Drug Enforcement Cooperation. -

The Secretary of State is encouraged to enter into negotiations

with appropriate officials of the Government of Canada for the

purpose of establishing an agreement between the United States and

Canada which provides for increased cooperation and sharing of

information between United States and Canadian law enforcement

officials with respect to law enforcement efforts conducted on the

Great Lakes between the United States and Canada.''

(For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.)

(For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.)

GAO STUDY OF CAPABILITIES OF UNITED STATES TO CONTROL DRUG

SMUGGLING INTO UNITED STATES

Pub. L. 100-180, div. A, title XII, Sec. 1241, Dec. 4, 1987, 101

Stat. 1162, directed Comptroller General of the United States to

conduct a comprehensive study regarding smuggling of illegal drugs

into United States and current capabilities of United States to

deter such smuggling, with special consideration given to issues

involving use of military and National Guard units along with

Customs Service in cooperative drug smuggling interdiction efforts,

and to issue, not later than Apr. 30, 1988, and Mar. 31, 1989,

reports to Congress outlining results of this study.

COMPLIANCE WITH BUDGET ACT

Pub. L. 99-570, Sec. 3, Oct. 27, 1986, 100 Stat. 3207-1, provided

that: ''Notwithstanding any other provision of this Act (see Tables

for classification), any spending authority and any credit

authority provided under this Act shall be effective for any fiscal

year only to such extent or in such amounts as are provided in

appropriation Acts. For purposes of this Act, the term 'spending

authority' has the meaning provided in section 401(c)(2) of the

Congressional Budget Act of 1974 (2 U.S.C. 651(c)(2)) and the term

'credit authority' has the meaning provided in section 3(10) of the

Congresssional (sic) Budget Act of 1974 (2 U.S.C. 622(10)).''

DRUG INTERDICTION

Pub. L. 99-570, title III, Sec. 3001-3003, 3301, Oct. 27, 1986,

100 Stat. 3207-73, 3207-74, 3207-98, as amended by Pub. L. 104-66,

title I, Sec. 1091(a), Dec. 21, 1995, 109 Stat. 722, provided that:

''SEC. 3001. SHORT TITLE.

''This title (enacting section 379 of Title 10, Armed Forces,

sections 1590, 1628, 1629, and 2081 of Title 19, Customs Duties,

and section 312a of Title 47, Telegraphs, Telephones, and

Radiotelegraphs, amending section 959 of this title, sections 374

and 911 of Title 10, sections 507, 1401, 1433, 1436, 1454, 1459,

1497, 1509, 1584 to 1586, 1594 to 1595a, 1613, 1613b, 1619, and

1622 of Title 19, section 5316 of Title 31, Money and Finance,

section 12109 of Title 46, Shipping, sections 1901 to 1904 of Title

46, Appendix, Shipping, and sections 1401, 1472, 1474, and 1509 of

former Title 49, Transportation, repealing section 1460 of Title

19, enacting provisions set out as notes under section 801 of this

title, sections 371, 374, 525, and 9441 of Title 10, sections 1613b

and 1654 of Title 19, section 403 of Title 23, Highways, section

1901 of Title 46, Appendix, section 11344 of Title 49, and section

1509 of former Title 49, and repealing provisions set out as a note

under section 89 of Title 14, Coast Guard) may be cited as the

'National Drug Interdiction Improvement Act of 1986'.

''SEC. 3002. FINDINGS.

''The Congress hereby finds that -

''(1) a balanced, coordinated, multifaceted strategy for

combating the growing drug abuse and drug trafficking problem in

the United States is essential in order to stop the flow and

abuse of drugs within our borders;

''(2) a balanced, coordinated, multifaceted strategy for

combating the narcotics drug abuse and trafficking in the United

States should include -

''(A) increased investigations of large networks of drug

smuggler organizations;

''(B) source country drug eradication;

''(C) increased emphasis on stopping narcotics traffickers in

countries through which drugs are transshipped;

''(D) increased emphasis on drug education programs in the

schools and workplace;

''(E) increased Federal Government assistance to State and

local agencies, civic groups, school systems, and officials in

their efforts to combat the drug abuse and trafficking problem

at the local level; and

''(F) increased emphasis on the interdiction of drugs and

drug smugglers at the borders of the United States, in the air,

at sea, and on the land;

''(3) funds to support the interdiction of narcotics smugglers

who threaten the transport of drugs through the air, on the sea,

and across the land borders of the United States should be

emphasized in the Federal Government budget process to the same

extent as the other elements of a comprehensive antidrug effort

are emphasized;

''(4) the Department of Defense and the use of its resources

should be an integral part of a comprehensive, natonal (national)

drug interdiction program;

''(5) the Federal Government civilian agencies engaged in drug

interdiction, particularly the United States Customs Service and

the Coast Guard, currently lack the aircraft, ships, radar,

command, control, communications, and intelligence (C3I) system,

and manpower resources necessary to mount a comprehensive attack

on the narcotics traffickers who threaten the United States;

''(6) the civilian drug interdiction agencies of the United

States are currently interdicting only a small percentage of the

illegal, drug smuggler penetrations in the United States every

year;

''(7) the budgets for our civilian drug interdiction agencies,

primarily the United States Customs Service and the Coast Guard,

have not kept pace with those of the traditional investigative

law enforcement agencies of the Department of Justice; and

''(8) since the amendment of the Posse Comitatus Act (18 U.S.C.

1385) in 1981, the Department of Defense has assisted in the

effort to interdict drugs, but they can do more.

''SEC. 3003. PURPOSES.

''It is the purpose of this title -

''(1) to increase the level of funding and resources available

to civilian drug interdiction agencies of the Federal Government;

''(2) to increase the level of support from the Department of

Defense as consistent with the Posse Comitatus Act (18 U.S.C.

1385), for interdiction of the narcotics traffickers before such

traffickers penetrate the borders of the United States; and

''(3) to improve other drug interdiction programs of the

Federal Government.

''SEC. 3301. ESTABLISHMENT OF A UNITED STATES-BAHAMAS DRUG

INTERDICTION TASK FORCE

''(a) Authorization of Appropriations. -

''(1) Establishment of a united states-bahamas drug

interdiction task force. - (A) There is authorized to be

established a United States-Bahamas Drug Interdiction Task Force

to be operated jointly by the United States Government and the

Government of the Bahamas.

''(B) The Secretary of State, the Commandant of the Coast

Guard, the Commissioner of Customs, the Attorney General, and the

head of the National Narcotics Border Interdiction System

(NNBIS), shall upon enactment of this Act (Oct. 27, 1986),

immediately commence negotiations with the Government of the

Bahamas to enter into a detailed agreement for the establishment

and operation of a new drug interdiction task force, including

plans for (i) the joint operation and maintenance of any drug

interdiction assets authorized for the task force in this section

and section 3141 (see 19 U.S.C. 2075), and (ii) any training and

personnel enhancements authorized in this section and section

3141.

''(2) Amounts authorized. - There are authorized to be

appropriated, in addition to any other amounts authorized to be

appropriated in this title (see section 3001 of Pub. L. 99-570

set out above), $10,000,000 for the following:

''(A) $9,000,000 for 3 drug interdiction pursuit helicopters

for use primarily for operations of the United States-Bahamas

Drug Interdiction Task Force established under this section;

and

''(B) $1,000,000 to enhance communications capabilities for

the operation of a United States-Bahamas Drug Interdiction Task

Force established under this section.

''(3) Coast guard-bahamas drug interdiction docking facility. -

(A) There is authorized to be appropriated for acquisition,

construction, and improvements for the Coast Guard for fiscal

year 1987, $5,000,000, to be used for initial design engineering,

and other activities for construction of a drug interdiction

docking facility in the Bahamas to facilitate Coast Guard and

Bahamian drug interdiction operations in and through the Bahama

Islands. Of the amounts authorized to be appropriated in this

subsection, such sums as may be necessary shall be available for

necessary communication and air support.

''(B) The Commandant of the Coast Guard shall use such amounts

appropriated pursuant to the authorization in this paragraph as

may be necessary to establish a repair, maintenance, and boat

lift facility to provide repair and maintenance services for both

Coast Guard and Bahamian marine drug interdiction equipment,

vessels, and related assets.

''(b) Concurrence by Secretary of State. - Programs authorized by

this section may be carried out only with the concurrence of the

Secretary of State.''

INFORMATION ON DRUG ABUSE AT THE WORKPLACE

Pub. L. 99-570, title IV, Sec. 4303, Oct. 27, 1986, 100 Stat.

3207-154, directed Secretary of Labor to collect such information

as is available on the incidence of drug abuse in the workplace and

efforts to assist workers, including counseling, rehabilitation and

employee assistance programs, to conduct such additional research

as is necessary to assess the impact and extent of drug abuse and

remediation efforts, and submit the findings of such collection and

research to Congress no later than two years from Oct. 27, 1986.

INTERAGENCY COORDINATION

Pub. L. 99-570, title IV, Sec. 4304, Oct. 27, 1986, 100 Stat.

3207-154, provided that:

''(a) The Secretary of Education, the Secretary of Health and

Human Services, and the Secretary of Labor shall each designate an

officer or employee of the Departments of Education, Health and

Human Services, and Labor, respectively, to coordinate interagency

drug abuse prevention activities to prevent duplication of effort.

''(b) Within one year after enactment of this Act (Oct. 27,

1986), a report shall be jointly submitted to the Congress by such

Secretaries concerning the extent to which States and localities

have been able to implement non-duplicative drug abuse prevention

activities.''

SUBSTANCE ABUSE COVERAGE STUDY

Pub. L. 99-570, title VI, Sec. 6005, Oct. 27, 1986, 100 Stat.

3207-160, as amended by Pub. L. 100-690, title II, Sec. 2058(c),

Nov. 18, 1988, 102 Stat. 4214, directed Secretary of Health and

Human Services to contract with Institute of Medicine of National

Academy of Sciences to conduct a study of extent to which cost of

drug abuse treatment is covered by private insurance, public

programs, and other sources of payment, and adequacy of such

coverage for the rehabilitation of drug abusers, and not later than

18 months after execution of such contract to transmit to Congress

a report of results of study, including recommendations of means to

meet the needs identified in such study.

HEALTH INSURANCE COVERAGE FOR DRUG AND ALCOHOL TREATMENT

Pub. L. 99-570, title VI, Sec. 6006, Oct. 27, 1986, 100 Stat.

3207-160, provided that:

''(a) Findings. - The Congress finds that -

''(1) drug and alcohol abuse are problems of grave concern and

consequence in American society;

''(2) over 500,000 individuals are known heroin addicts; 5

million individuals use cocaine; and at least 7 million

individuals regularly use prescription drugs, mostly addictive

ones, without medical supervision;

''(3) 10 million adults and 3 million children and adolescents

abuse alcohol, and an additional 30 to 40 million people are

adversely affected because of close family ties to alcoholics;

''(4) the total cost of drug abuse to the Nation in 1983 was

over $60,000,000,000; and

''(5) the vast majority of health benefits plans provide only

limited coverage for treatment of drug and alcohol addiction,

which is a fact that can discourage the abuser from seeking

treatment or, if the abuser does seek treatment, can cause the

abuser to face significant out of pocket expenses for the

treatment.

''(b) Sense of Congress. - It is the sense of Congress that -

''(1) all employers providing health insurance policies should

ensure that the policies provide adequate coverage for treatment

of drug and alcohol addiction in recognition that the health

consequences and costs for individuals and society can be as

formidable as those resulting from other diseases and illnesses

for which insurance coverage is much more adequate; and

''(2) State insurance commissioners should encourage employers

providing health benefits plans to ensure that the policies

provide more adequate coverage for treatment of drug and alcohol

addiction.''

COMMISSION ON MARIHUANA AND DRUG ABUSE

Section 601 of Pub. L. 91-513, as amended by Pub. L. 92-13, May

14, 1971, 85 Stat. 37, provided that:

''(a) (Establishment; composition) There is established a

commission to be known as the Commission on Marihuana and Drug

Abuse (hereafter in this section referred to as the 'Commission').

The Commission shall be composed of -

''(1) two Members of the Senate appointed by the President of

the Senate;

''(2) two Members of the House of Representatives appointed by

the Speaker of the House of Representatives; and

''(3) nine members appointed by the President of the United

States.

At no time shall more than one of the members appointed under

paragraph (1), or more than one of the members appointed under

paragraph (2), or more than five of the members appointed under

paragraph (3) be members of the same political party.

''(b) (Chairman; Vice Chairman; compensation of members;

meetings) (1) The President shall designate one of the members of

the Commission as Chairman and one as Vice Chairman. Seven members

of the Commission shall constitute a quorum, but a lesser number

may conduct hearings.

''(2) Members of the Commission who are Members of Congress or

full-time officers or employees of the United States shall serve

without additional compensation but shall be reimbursed for travel,

subsistence, and other necessary expenses incurred in the

performance of the duties vested in the Commission. Members of the

Commission from private life shall receive $100 per diem while

engaged in the actual performance of the duties vested in the

Commission, plus reimbursement for travel, subsistence, and other

necessary expenses incurred in the performance of such duties.

''(3) The Commission shall meet at the call of the Chairman or at

the call of a majority of the members thereof.

''(c) (Personnel; experts; information from departments and

agencies) (1) The Commission shall have the power to appoint and

fix the compensation of such personnel as it deems advisable,

without regard to the provisions of title 5, United States Code,

governing appointments in the competitive service, and the

provisions of chapter 51 and subchapter III of chapter 53 of such

title, relating to classification and General Schedule pay rates.

''(2) The Commission may procure, in accordance with the

provisions of section 3109 of title 5, United States Code, the

temporary or intermittent services of experts or consultants.

Persons so employed shall receive compensation at a rate to be

fixed by the Commission, but not in excess of $75 per diem,

including traveltime. While away from his home or regular place of

business in the performance of services for the Commission, any

such person may be allowed travel expenses, including per diem in

lieu of subsistence, as authorized by section 5703(b) of title 5,

United States Code, for persons in the Government service employed

intermittently.

''(3) The Commission may secure directly from any department or

agency of the United States information necessary to enable it to

carry out its duties under this section. Upon request of the

Chairman of the Commission, such department or agency shall furnish

such information to the Commission.

''(d) (Marihuana study; report to the President and the Congress)

(1) The Commission shall conduct a study of marihuana including,

but not limited to, the following areas:

''(A) the extent of use of marihuana in the United States to

include its various sources of users, number of arrests, number

of convictions, amount of marihuana seized, type of user, nature

of use;

''(B) an evaluation of the efficacy of existing marihuana laws;

''(C) a study of the pharmacology of marihuana and its

immediate and long-term effects, both physiological and

psychological;

''(D) the relationship of marihuana use to aggressive behavior

and crime;

''(E) the relationship between marihuana and the use of other

drugs; and

''(F) the international control of marihuana.

''(2) Within one year after the date on which funds first become

available to carry out this section, the Commission shall submit to

the President and the Congress a comprehensive report on its study

and investigation under this subsection which shall include its

recommendations and such proposals for legislation and

administrative action as may be necessary to carry out its

recommendations.

''(e) (Study and investigation of causes of drug abuse; report to

the President and the Congress; termination of Commission) The

Commission shall conduct a comprehensive study and investigation of

the causes of drug abuse and their relative significance. The

Commission shall submit to the President and the Congress such

interim reports as it deems advisable and shall within two years

after the date on which funds first become available to carry out

this section submit to the President and the Congress a final

report which shall contain a detailed statement of its findings and

conclusions and also such recommendations for legislation and

administrative actions as it deems appropriate. The Commission

shall cease to exist sixty days after the final report is submitted

under this subsection.

''(f) (Limitation on expenditures) Total expenditures of the

Commission shall not exceed $4,000,000.''

-EXEC-

EXECUTIVE ORDER NO. 11599

Ex. Ord. No. 11599, June 17, 1971, 36 F.R. 11793, which

established the Special Action Office for Drug Abuse Prevention,

was superseded. See Prior Provisions notes set out under section

1111 of this title.

EXECUTIVE ORDER NO. 11641

Ex. Ord. No. 11641, Jan. 28, 1972, 37 F.R. 2421, which

established the Office for Drug Abuse Law Enforcement, was revoked

by Ex. Ord. No. 11727, July 6, 1973, 38 F.R. 18357, set out below.

EXECUTIVE ORDER NO. 11676

Ex. Ord. No. 11676, July 27, 1972, 37 F.R. 15125, which

established the Office of National Narcotics Intelligence, was

revoked by Ex. Ord. No. 11727, July 6, 1973, 38 F.R. 18357, set out

below.

EX. ORD. NO. 11727. DRUG LAW ENFORCEMENT

Ex. Ord. No. 11727, July 6, 1973, 38 F.R. 18357, provided:

Reorganization Plan No. 2 of 1973 (set out in the Appendix to

Title 5, Government Organization and Employees), which becomes

effective on July 1, 1973, among other things establishes a Drug

Enforcement Administration in the Department of Justice. In my

message to the Congress transmitting that plan, I stated that all

functions of the Office for Drug Abuse Law Enforcement (established

pursuant to Executive Order No. 11641 of January 28, 1972) and the

Office of National Narcotics Intelligence (established pursuant to

Executive Order No. 11676 of July 27, 1972) would, together with

other related functions, be merged in the new Drug Enforcement

Administration.

NOW, THEREFORE, by virtue of the authority vested in me by the

Constitution and laws of the United States, including section 5317

of title 5 of the United States Code, as amended, it is hereby

ordered as follows:

Section 1. The Attorney General, to the extent permitted by law,

is authorized to coordinate all activities of executive branch

departments and agencies which are directly related to the

enforcement of laws respecting narcotics and dangerous drugs. Each

department and agency of the Federal Government shall, upon request

and to the extent permitted by law, assist the Attorney General in

the performance of functions assigned to him pursuant to this

order, and the Attorney General may, in carrying out those

functions, utilize the services of any other agencies, Federal and

State, as may be available and appropriate.

Sec. 2. Executive Order No. 11641 of January 28, 1972, is revoked

and the Attorney General shall provide for the reassignment of the

functions of the Office for Drug Abuse Law Enforcement and for the

abolishment of that Office.

Sec. 3. Executive Order No. 11676 of July 27, 1972, is hereby

revoked and the Attorney General shall provide for the reassignment

of the functions of the Office of National Narcotics Intelligence

and for the abolishment of that Office.

Sec. 4. Section 1 of Executive Order No. 11708 of March 23, 1973,

as amended (set out as a note under section 5317 of Title 5,

Government Organization and Employees), placing certain positions

in level IV of the Executive Schedule is hereby further amended by

deleting -

(1) ''(6) Director, Office for Drug Abuse Law Enforcement,

Department of Justice.''; and

(2) ''(7) Director, Office of National Narcotics Intelligence,

Department of Justice.''

Sec. 5. The Attorney General shall provide for the winding up of

the affairs of the two offices and for the reassignment of their

functions.

Sec. 6. This order shall be effective as of July 1, 1973.

Richard Nixon.

-SECREF-

ACT REFERRED TO IN OTHER SECTIONS

The Chemical Diversion and Trafficking Act of 1988 is referred to

in title 18 section 1956.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 1456.

-CITE-

21 USC Sec. 801a 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part A - Introductory Provisions

-HEAD-

Sec. 801a. Congressional findings and declarations: psychotropic

substances

-STATUTE-

The Congress makes the following findings and declarations:

(1) The Congress has long recognized the danger involved in the

manufacture, distribution, and use of certain psychotropic

substances for nonscientific and nonmedical purposes, and has

provided strong and effective legislation to control illicit

trafficking and to regulate legitimate uses of psychotropic

substances in this country. Abuse of psychotropic substances has

become a phenomenon common to many countries, however, and is not

confined to national borders. It is, therefore, essential that

the United States cooperate with other nations in establishing

effective controls over international traffic in such substances.

(2) The United States has joined with other countries in

executing an international treaty, entitled the Convention on

Psychotropic Substances and signed at Vienna, Austria, on

February 21, 1971, which is designed to establish suitable

controls over the manufacture, distribution, transfer, and use of

certain psychotropic substances. The Convention is not

self-executing, and the obligations of the United States

thereunder may only be performed pursuant to appropriate

legislation. It is the intent of the Congress that the

amendments made by this Act, together with existing law, will

enable the United States to meet all of its obligations under the

Convention and that no further legislation will be necessary for

that purpose.

(3) In implementing the Convention on Psychotropic Substances,

the Congress intends that, consistent with the obligations of the

United States under the Convention, control of psychotropic

substances in the United States should be accomplished within the

framework of the procedures and criteria for classification of

substances provided in the Comprehensive Drug Abuse Prevention

and Control Act of 1970 (21 U.S.C. 801 et seq.). This will

insure that (A) the availability of psychotropic substances to

manufacturers, distributors, dispensers, and researchers for

useful and legitimate medical and scientific purposes will not be

unduly restricted; (B) nothing in the Convention will interfere

with bona fide research activities; and (C) nothing in the

Convention will interfere with ethical medical practice in this

country as determined by the Secretary of Health and Human

Services on the basis of a consensus of the views of the American

medical and scientific community.

-SOURCE-

(Pub. L. 95-633, title I, Sec. 101, Nov. 10, 1978, 92 Stat. 3768;

Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in par. (2), is Pub. L. 95-633, Nov. 10,

1978, 92 Stat. 2768, as amended, known as the Psychotropic

Substances Act of 1978, which enacted sections 801a, 830, and 852

of this title, amended sections 352, 802, 811, 812, 823, 827, 841

to 843, 872, 881, 952, 953, and 965 of this title and section 242a

of Title 42, The Public Health and Welfare, repealed section 830 of

this title effective Jan. 1, 1981, and enacted provisions set out

as notes under sections 801, 801a, 812, and 830 of this title. For

complete classification of this Act to the Code, see Short Title of

1978 Amendment note set out under section 801 of this title and

Tables.

The Comprehensive Drug Abuse Prevention and Control Act of 1970,

referred to in par. (3), is Pub. L. 91-513, Oct. 27, 1970, 84 Stat.

1236, as amended, which is classified principally to this chapter

(Sec. 801 et seq.). For complete classification of this Act to the

Code, see Short Title note set out under section 801 of this title

and Tables.

-COD-

CODIFICATION

Section was enacted as a part of the Psychotropic Substances Act

of 1978, and not as a part of the Controlled Substances Act which

comprises this subchapter.

-CHANGE-

CHANGE OF NAME

''Secretary of Health and Human Services'' substituted for

''Secretary of Health, Education, and Welfare'' in par. (3)

pursuant to section 509(b) of Pub. L. 96-88, which is classified to

section 3508(b) of Title 20, Education.

-MISC4-

EFFECTIVE DATE

Section 112 of title I of Pub. L. 95-633 provided that: ''This

title (enacting this section and section 852 of this title,

amending sections 352, 802, 811, 812, 823, 827, 872, 952, and 953

of this title and section 242a of Title 42, The Public Health and

Welfare, and enacting provisions set out as notes under sections

801 and 812 of this title) and the amendments made by this title

shall take effect on the date the Convention on Psychotropic

Substances, signed at Vienna, Austria on February 21, 1971, enters

into force in respect to the United States.'' (The Convention

entered into force in respect to the United States on July 15,

1980.)

-CITE-

21 USC Sec. 802 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part A - Introductory Provisions

-HEAD-

Sec. 802. Definitions

-STATUTE-

As used in this subchapter:

(1) The term ''addict'' means any individual who habitually uses

any narcotic drug so as to endanger the public morals, health,

safety, or welfare, or who is so far addicted to the use of

narcotic drugs as to have lost the power of self-control with

reference to his addiction.

(2) The term ''administer'' refers to the direct application of a

controlled substance to the body of a patient or research subject

by -

(A) a practitioner (or, in his presence, by his authorized

agent), or

(B) the patient or research subject at the direction and in the

presence of the practitioner,

whether such application be by injection, inhalation, ingestion, or

any other means.

(3) The term ''agent'' means an authorized person who acts on

behalf of or at the direction of a manufacturer, distributor, or

dispenser; except that such term does not include a common or

contract carrier, public warehouseman, or employee of the carrier

or warehouseman, when acting in the usual and lawful course of the

carrier's or warehouseman's business.

(4) The term ''Drug Enforcement Administration'' means the Drug

Enforcement Administration in the Department of Justice.

(5) The term ''control'' means to add a drug or other substance,

or immediate precursor, to a schedule under part B of this

subchapter, whether by transfer from another schedule or otherwise.

(6) The term ''controlled substance'' means a drug or other

substance, or immediate precursor, included in schedule I, II, III,

IV, or V of part B of this subchapter. The term does not include

distilled spirits, wine, malt beverages, or tobacco, as those terms

are defined or used in subtitle E of the Internal Revenue Code of

1986.

(7) The term ''counterfeit substance'' means a controlled

substance which, or the container or labeling of which, without

authorization, bears the trademark, trade name, or other

identifying mark, imprint, number, or device, or any likeness

thereof, of a manufacturer, distributor, or dispenser other than

the person or persons who in fact manufactured, distributed, or

dispensed such substance and which thereby falsely purports or is

represented to be the product of, or to have been distributed by,

such other manufacturer, distributor, or dispenser.

(8) The terms ''deliver'' or ''delivery'' mean the actual,

constructive, or attempted transfer of a controlled substance or a

listed chemical, whether or not there exists an agency

relationship.

(9) The term ''depressant or stimulant substance'' means -

(A) a drug which contains any quantity of barbituric acid or

any of the salts of barbituric acid; or

(B) a drug which contains any quantity of (i) amphetamine or

any of its optical isomers; (ii) any salt of amphetamine or any

salt of an optical isomer of amphetamine; or (iii) any substance

which the Attorney General, after investigation, has found to be,

and by regulation designated as, habit forming because of its

stimulant effect on the central nervous system; or

(D) any drug which contains any quantity of a substance which

the Attorney General, after investigation, has found to have, and

by regulation designated as having, a potential for abuse because

of its depressant or stimulant effect on the central nervous

system or its hallucinogenic effect.

(10) The term ''dispense'' means to deliver a controlled

substance to an ultimate user or research subject by, or pursuant

to the lawful order of, a practitioner, including the prescribing

and administering of a controlled substance and the packaging,

labeling or compounding necessary to prepare the substance for such

delivery. The term ''dispenser'' means a practitioner who so

delivers a controlled substance to an ultimate user or research

subject.

(11) The term ''distribute'' means to deliver (other than by

administering or dispensing) a controlled substance or a listed

chemical. The term ''distributor'' means a person who so delivers

a controlled substance or a listed chemical.

(12) The term ''drug'' has the meaning given that term by section

321(g)(1) of this title.

(13) The term ''felony'' means any Federal or State offense

classified by applicable Federal or State law as a felony.

(14) The term ''isomer'' means the optical isomer, except as used

in schedule I(c) and schedule II(a)(4). As used in schedule I(c),

the term ''isomer'' means any optical, positional, or geometric

isomer. As used in schedule II(a)(4), the term ''isomer'' means

any optical or geometric isomer.

(15) The term ''manufacture'' means the production, preparation,

propagation, compounding, or processing of a drug or other

substance, either directly or indirectly or by extraction from

substances of natural origin, or independently by means of chemical

synthesis or by a combination of extraction and chemical synthesis,

and includes any packaging or repackaging of such substance or

labeling or relabeling of its container; except that such term does

not include the preparation, compounding, packaging, or labeling of

a drug or other substance in conformity with applicable State or

local law by a practitioner as an incident to his administration or

dispensing of such drug or substance in the course of his

professional practice. The term ''manufacturer'' means a person

who manufactures a drug or other substance.

(16) The term ''marihuana'' means all parts of the plant Cannabis

sativa L., whether growing or not; the seeds thereof; the resin

extracted from any part of such plant; and every compound,

manufacture, salt, derivative, mixture, or preparation of such

plant, its seeds or resin. Such term does not include the mature

stalks of such plant, fiber produced from such stalks, oil or cake

made from the seeds of such plant, any other compound, manufacture,

salt, derivative, mixture, or preparation of such mature stalks

(except the resin extracted therefrom), fiber, oil, or cake, or the

sterilized seed of such plant which is incapable of germination.

(17) The term ''narcotic drug'' means any of the following

whether produced directly or indirectly by extraction from

substances of vegetable origin, or independently by means of

chemical synthesis, or by a combination of extraction and chemical

synthesis:

(A) Opium, opiates, derivatives of opium and opiates, including

their isomers, esters, ethers, salts, and salts of isomers,

esters, and ethers, whenever the existence of such isomers,

esters, ethers, and salts is possible within the specific

chemical designation. Such term does not include the

isoquinoline alkaloids of opium.

(B) Poppy straw and concentrate of poppy straw.

from which cocaine, ecgonine, and derivatives of ecgonine or

their salts have been removed.

(D) Cocaine, its salts, optical and geometric isomers, and

salts of isomers.

(E) Ecgonine, its derivatives, their salts, isomers, and salts

of isomers.

(F) Any compound, mixture, or preparation which contains any

quantity of any of the substances referred to in subparagraphs

(A) through (E).

(18) The term ''opiate'' means any drug or other substance having

an addiction-forming or addiction-sustaining liability similar to

morphine or being capable of conversion into a drug having such

addiction-forming or addiction-sustaining liability.

(19) The term ''opium poppy'' means the plant of the species

Papaver somniferum L., except the seed thereof.

(20) The term ''poppy straw'' means all parts, except the seeds,

of the opium poppy, after mowing.

(21) The term ''practitioner'' means a physician, dentist,

veterinarian, scientific investigator, pharmacy, hospital, or other

person licensed, registered, or otherwise permitted, by the United

States or the jurisdiction in which he practices or does research,

to distribute, dispense, conduct research with respect to,

administer, or use in teaching or chemical analysis, a controlled

substance in the course of professional practice or research.

(22) The term ''production'' includes the manufacture, planting,

cultivation, growing, or harvesting of a controlled substance.

(23) The term ''immediate precursor'' means a substance -

(A) which the Attorney General has found to be and by

regulation designated as being the principal compound used, or

produced primarily for use, in the manufacture of a controlled

substance;

(B) which is an immediate chemical intermediary used or likely

to be used in the manufacture of such controlled substance; and

limit the manufacture of such controlled substance.

(24) The term ''Secretary'', unless the context otherwise

indicates, means the Secretary of Health and Human Services.

(25) The term ''serious bodily injury'' means bodily injury which

involves -

(A) a substantial risk of death;

(B) protracted and obvious disfigurement; or

member, organ, or mental faculty.

(26) The term ''State'' means a State of the United States, the

District of Columbia, and any commonwealth, territory, or

possession of the United States.

(27) The term ''ultimate user'' means a person who has lawfully

obtained, and who possesses, a controlled substance for his own use

or for the use of a member of his household or for an animal owned

by him or by a member of his household.

(28) The term ''United States'', when used in a geographic sense,

means all places and waters, continental or insular, subject to the

jurisdiction of the United States.

(29) The term ''maintenance treatment'' means the dispensing, for

a period in excess of twenty-one days, of a narcotic drug in the

treatment of an individual for dependence upon heroin or other

morphine-like drugs.

(30) The term ''detoxification treatment'' means the dispensing,

for a period not in excess of one hundred and eighty days, of a

narcotic drug in decreasing doses to an individual in order to

alleviate adverse physiological or psychological effects incident

to withdrawal from the continuous or sustained use of a narcotic

drug and as a method of bringing the individual to a narcotic

drug-free state within such period.

(31) The term ''Convention on Psychotropic Substances'' means the

Convention on Psychotropic Substances signed at Vienna, Austria, on

February 21, 1971; and the term ''Single Convention on Narcotic

Drugs'' means the Single Convention on Narcotic Drugs signed at New

York, New York, on March 30, 1961.

(32)(A) Except as provided in subparagraph (C), the term

''controlled substance analogue'' means a substance -

(i) the chemical structure of which is substantially similar to

the chemical structure of a controlled substance in schedule I or

II;

(ii) which has a stimulant, depressant, or hallucinogenic

effect on the central nervous system that is substantially

similar to or greater than the stimulant, depressant, or

hallucinogenic effect on the central nervous system of a

controlled substance in schedule I or II; or

(iii) with respect to a particular person, which such person

represents or intends to have a stimulant, depressant, or

hallucinogenic effect on the central nervous system that is

substantially similar to or greater than the stimulant,

depressant, or hallucinogenic effect on the central nervous

system of a controlled substance in schedule I or II.

(B) The designation of gamma butyrolactone or any other chemical

as a listed chemical pursuant to paragraph (34) or (35) does not

preclude a finding pursuant to subparagraph (A) of this paragraph

that the chemical is a controlled substance analogue.

(i) a controlled substance;

(ii) any substance for which there is an approved new drug

application;

(iii) with respect to a particular person any substance, if an

exemption is in effect for investigational use, for that person,

under section 355 of this title to the extent conduct with

respect to such substance is pursuant to such exemption; or

(iv) any substance to the extent not intended for human

consumption before such an exemption takes effect with respect to

that substance.

(33) The term ''listed chemical'' means any list I chemical or

any list II chemical.

(34) The term ''list I chemical'' means a chemical specified by

regulation of the Attorney General as a chemical that is used in

manufacturing a controlled substance in violation of this

subchapter and is important to the manufacture of the controlled

substances, and such term includes (until otherwise specified by

regulation of the Attorney General, as considered appropriate by

the Attorney General or upon petition to the Attorney General by

any person) the following:

(A) Anthranilic acid, its esters, and its salts.

(B) Benzyl cyanide.

isomers.

(D) Ergonovine and its salts.

(E) Ergotamine and its salts.

(F) N-Acetylanthranilic acid, its esters, and its salts.

(G) Norpseudoephedrine, its salts, optical isomers, and salts

of optical isomers.

(H) Phenylacetic acid, its esters, and its salts.

(I) Phenylpropanolamine, its salts, optical isomers, and salts

of optical isomers.

(J) Piperidine and its salts.

(K) Pseudoephedrine, its salts, optical isomers, and salts of

optical isomers.

(L) 3,4-Methylenedioxyphenyl-2-propanone.

(M) Methylamine.

(N) Ethylamine.

(O) Propionic anhydride.

(P) Isosafrole.

(Q) Safrole.

(R) Piperonal.

(S) N-Methylephedrine.

(T) N-methylpseudoephedrine.

(U) Hydriodic acid.

(V) Benzaldehyde.

(W) Nitroethane.

(X) Gamma butyrolactone.

(Y) Any salt, optical isomer, or salt of an optical isomer of

the chemicals listed in subparagraphs (M) through (U) of this

paragraph.

(35) The term ''list II chemical'' means a chemical (other than a

list I chemical) specified by regulation of the Attorney General as

a chemical that is used in manufacturing a controlled substance in

violation of this subchapter, and such term includes (until

otherwise specified by regulation of the Attorney General, as

considered appropriate by the Attorney General or upon petition to

the Attorney General by any person) the following chemicals:

(A) Acetic anhydride.

(B) Acetone.

(D) Ethyl ether.

(E) Repealed. Pub. L. 101-647, title XXIII, Sec. 2301(b), Nov.

29, 1990, 104 Stat. 4858.

(F) Potassium permanganate.

(G) 2-Butanone (or Methyl Ethyl Ketone).

(H) Toluene.

(I) Iodine.

(J) Hydrochloric gas.

(36) The term ''regular customer'' means, with respect to a

regulated person, a customer with whom the regulated person has an

established business relationship that is reported to the Attorney

General.

(37) The term ''regular importer'' means, with respect to a

listed chemical, a person that has an established record as an

importer of that listed chemical that is reported to the Attorney

General.

(38) The term ''regulated person'' means a person who

manufactures, distributes, imports, or exports a listed chemical, a

tableting machine, or an encapsulating machine or who acts as a

broker or trader for an international transaction involving a

listed chemical, a tableting machine, or an encapsulating machine.

(39) The term ''regulated transaction'' means -

(A) a distribution, receipt, sale, importation, or exportation

of, or an international transaction involving shipment of, a

listed chemical, or if the Attorney General establishes a

threshold amount for a specific listed chemical, a threshold

amount, including a cumulative threshold amount for multiple

transactions (as determined by the Attorney General, in

consultation with the chemical industry and taking into

consideration the quantities normally used for lawful purposes),

of a listed chemical, except that such term does not include -

(i) a domestic lawful distribution in the usual course of

business between agents or employees of a single regulated

person;

(ii) a delivery of a listed chemical to or by a common or

contract carrier for carriage in the lawful and usual course of

the business of the common or contract carrier, or to or by a

warehouseman for storage in the lawful and usual course of the

business of the warehouseman, except that if the carriage or

storage is in connection with the distribution, importation, or

exportation of a listed chemical to a third person, this clause

does not relieve a distributor, importer, or exporter from

compliance with section 830 of this title;

(iii) any category of transaction or any category of

transaction for a specific listed chemical or chemicals

specified by regulation of the Attorney General as excluded

from this definition as unnecessary for enforcement of this

subchapter or subchapter II of this chapter;

(iv) any transaction in a listed chemical that is contained

in a drug that may be marketed or distributed lawfully in the

United States under the Federal Food, Drug, and Cosmetic Act

(21 U.S.C. 301 et seq.) unless -

(I)(aa) the drug contains ephedrine or its salts, optical

isomers, or salts of optical isomers, pseudoephedrine or its

salts, optical isomers, or salts of optical isomers, or

phenylpropanolamine or its salts, optical isomers, or salts

of optical isomers unless otherwise provided by regulation of

the Attorney General issued pursuant to section 814(e) of

this title, except that any sale of ordinary over-the-counter

pseudoephedrine or phenylpropanolamine products by retail

distributors shall not be a regulated transaction (except as

provided in section 401(d) of the Comprehensive

Methamphetamine Control Act of 1996); or

(bb) the Attorney General has determined under section 814

of this title that the drug or group of drugs is being

diverted to obtain the listed chemical for use in the illicit

production of a controlled substance; and

(II) the quantity of ephedrine, pseudoephedrine,

phenylpropanolamine, or other listed chemical contained in

the drug included in the transaction or multiple transactions

equals or exceeds the threshold established for that chemical

by the Attorney General, except that the threshold for any

sale of products containing pseudoephedrine or

phenylpropanolamine products by retail distributors or by

distributors required to submit reports by section 830(b)(3)

of this title shall be 9 grams of pseudoephedrine or 9 grams

of phenylpropanolamine in a single transaction and sold in

package sizes of not more than 3 grams of pseudoephedrine

base or 3 grams of phenylpropanolamine base; or

(v) any transaction in a chemical mixture which the Attorney

General has by regulation designated as exempt from the

application of this subchapter and subchapter II of this

chapter based on a finding that the mixture is formulated in

such a way that it cannot be easily used in the illicit

production of a controlled substance and that the listed

chemical or chemicals contained in the mixture cannot be

readily recovered; and

(B) a distribution, importation, or exportation of a tableting

machine or encapsulating machine.

(40) The term ''chemical mixture'' means a combination of two or

more chemical substances, at least one of which is not a list I

chemical or a list II chemical, except that such term does not

include any combination of a list I chemical or a list II chemical

with another chemical that is present solely as an impurity.

(41)(A) The term ''anabolic steroid'' means any drug or hormonal

substance, chemically and pharmacologically related to testosterone

(other than estrogens, progestins, and corticosteroids) that

promotes muscle growth, and includes -

(i) boldenone,

(ii) chlorotestosterone,

(iii) clostebol,

(iv) dehydrochlormethyltestosterone,

(v) dihydrotestosterone,

(vi) drostanolone,

(vii) ethylestrenol,

(viii) fluoxymesterone,

(ix) formebulone,

(x) mesterolone,

(xi) methandienone,

(xii) methandranone,

(xiii) methandriol,

(xiv) methandrostenolone,

(xv) methenolone,

(xvi) methyltestosterone,

(xvii) mibolerone,

(xviii) nandrolone,

(xix) norethandrolone,

(xx) oxandrolone,

(xxi) oxymesterone,

(xxii) oxymetholone,

(xxiii) stanolone,

(xxiv) stanozolol,

(xxv) testolactone,

(xxvi) testosterone,

(xxvii) trenbolone, and

(xxviii) any salt, ester, or isomer of a drug or substance

described or listed in this paragraph, if that salt, ester, or

isomer promotes muscle growth.

(B)(i) Except as provided in clause (ii), such term does not

include an anabolic steroid which is expressly intended for

administration through implants to cattle or other nonhuman species

and which has been approved by the Secretary of Health and Human

Services for such administration.

(ii) If any person prescribes, dispenses, or distributes such

steroid for human use, such person shall be considered to have

prescribed, dispensed, or distributed an anabolic steroid within

the meaning of subparagraph (A).

(42) The term ''international transaction'' means a transaction

involving the shipment of a listed chemical across an international

border (other than a United States border) in which a broker or

trader located in the United States participates.

(43) The terms ''broker'' and ''trader'' mean a person that

assists in arranging an international transaction in a listed

chemical by -

(A) negotiating contracts;

(B) serving as an agent or intermediary; or

transporter, or a seller and transporter.

(44) The term ''felony drug offense'' means an offense that is

punishable by imprisonment for more than one year under any law of

the United States or of a State or foreign country that prohibits

or restricts conduct relating to narcotic drugs, marihuana, or

depressant or stimulant substances.

(45) The term ''ordinary over-the-counter pseudoephedrine or

phenylpropanolamine product'' means any product containing

pseudoephedrine or phenylpropanolamine that is -

(A) regulated pursuant to this subchapter; and

(B)(i) except for liquids, sold in package sizes of not more

than 3.0 grams of pseudoephedrine base or 3.0 grams of

phenylpropanolamine base, and that is packaged in blister packs,

each blister containing not more than two dosage units, or where

the use of blister packs is technically infeasible, that is

packaged in unit dose packets or pouches; and

(ii) for liquids, sold in package sizes of not more than 3.0

grams of pseudoephedrine base or 3.0 grams of phenylpropanolamine

base.

(46)(A) The term ''retail distributor'' means a grocery store,

general merchandise store, drug store, or other entity or person

whose activities as a distributor relating to pseudoephedrine or

phenylpropanolamine products are limited almost exclusively to

sales for personal use, both in number of sales and volume of

sales, either directly to walk-in customers or in face-to-face

transactions by direct sales.

(B) For purposes of this paragraph, sale for personal use means

the sale of below-threshold quantities in a single transaction to

an individual for legitimate medical use.

reference to the Standard Industrial Classification (SIC) code, as

follows:

(i) A grocery store is an entity within SIC code 5411.

(ii) A general merchandise store is an entity within SIC codes

5300 through 5399 and 5499.

(iii) A drug store is an entity within SIC code 5912.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 102, Oct. 27, 1970, 84 Stat. 1242;

Pub. L. 93-281, Sec. 2, May 14, 1974, 88 Stat. 124; Pub. L. 95-633,

title I, Sec. 102(b), Nov. 10, 1978, 92 Stat. 3772; Pub. L. 96-88,

title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 96-132,

Sec. 16(a), Nov. 30, 1979, 93 Stat. 1049; Pub. L. 98-473, title II,

Sec. 507(a), (b), Oct. 12, 1984, 98 Stat. 2071; Pub. L. 98-509,

title III, Sec. 301(a), Oct. 19, 1984, 98 Stat. 2364; Pub. L.

99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99-570,

title I, Sec. 1003(b), 1203, 1870, Oct. 27, 1986, 100 Stat. 3207-6,

3207-13, 3207-56; Pub. L. 99-646, Sec. 83, Nov. 10, 1986, 100 Stat.

3619; Pub. L. 100-690, title VI, Sec. 6054, Nov. 18, 1988, 102

Stat. 4316; Pub. L. 101-647, title XIX, Sec. 1902(b), title XXIII,

Sec. 2301, title XXXV, Sec. 3599I, Nov. 29, 1990, 104 Stat. 4852,

4858, 4932; Pub. L. 103-200, Sec. 2(a), 7-9(a), Dec. 17, 1993, 107

Stat. 2333, 2340; Pub. L. 103-322, title IX, Sec. 90105(d), title

XXXIII, Sec. 330024(a), (b), (d)(1), Sept. 13, 1994, 108 Stat.

1988, 2150; Pub. L. 104-237, title II, Sec. 204(a), 209, title IV,

Sec. 401(a), (b), Oct. 3, 1996, 110 Stat. 3102, 3104, 3106, 3107;

Pub. L. 104-294, title VI, Sec. 604(b)(4), 607(j), Oct. 11, 1996,

110 Stat. 3506, 3512; Pub. L. 105-115, title I, Sec. 126(c)(3),

Nov. 21, 1997, 111 Stat. 2328; Pub. L. 106-172, Sec. 3(c), 5(a),

Feb. 18, 2000, 114 Stat. 9, 10; Pub. L. 106-310, div. B, title

XXXVI, Sec. 3622(a), Oct. 17, 2000, 114 Stat. 1231; Pub. L.

107-273, div. B, title IV, Sec. 4002(c)(1), Nov. 2, 2002, 116

Stat. 1808.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in introductory provisions and in

par. (39)(A)(iii), (v), was in the original ''this title'', meaning

title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as

amended, 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 pars. (6), (14),

and (32)(A), are set out in section 812(c) of this title.

Subchapter II of this chapter, referred to in par. (39)(A)(iii),

(v), 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.

The Federal Food, Drug, and Cosmetic Act, referred to in par.

(39)(A)(iv), is act June 25, 1938, ch. 675, 52 Stat. 1040, as

amended, which is classified generally to chapter 9 (Sec. 301 et

seq.) of this title. For complete classification of this Act to

the Code, see section 301 of this title and Tables.

Section 401(d) of the Comprehensive Methamphetamine Control Act

of 1996, referred to in par. (39)(A)(iv)(I)(aa), is section 401(d)

of Pub. L. 104-237, which is set out below.

-MISC2-

AMENDMENTS

2002 - Pars. (43), (44). Pub. L. 107-273 repealed Pub. L.

104-294, Sec. 604(b)(4), 607(j)(2). See 1996 Amendment note below.

2000 - Par. (32)(A). Pub. L. 106-172, Sec. 5(a)(1), substituted

''subparagraph (C)'' for ''subparagraph (B)'' in introductory

provisions.

Par. (32)(B), (C). Pub. L. 106-172, Sec. 5(a)(2), (3), added

subpar. (B) and redesignated former subpar. (B) as (C).

Par. (34)(X), (Y). Pub. L. 106-172, Sec. 3(c), added subpar. (X)

and redesignated former subpar. (X) as (Y).

Par. (39)(A)(iv)(II). Pub. L. 106-310 substituted ''9 grams'' for

''24 grams'' in two places and inserted before semicolon at end

''and sold in package sizes of not more than 3 grams of

pseudoephedrine base or 3 grams of phenylpropanolamine base''.

1997 - Par. (9)(A). Pub. L. 105-115 redesignated cl. (i) as

subpar. (A) and struck out cl. (ii) which read as follows: ''any

derivative of barbituric acid which has been designated by the

Secretary as habit forming under section 352(d) of this title;

or''.

1996 - Par. (26). Pub. L. 104-294, Sec. 607(j)(1), amended par.

(26) generally. Prior to amendment, par. (26) read as follows:

''The term 'State' means any State, territory, or possession of the

United States, the District of Columbia, the Commonwealth of Puerto

Rico, the Trust Territory of the Pacific Islands, and the Canal

Zone.''

Par. (34)(P), (S), (U). Pub. L. 104-237, Sec. 209(1), substituted

''Isosafrole'' for ''Insosafrole'' in subpar. (P),

''N-Methylephedrine'' for ''N-Methylepherdrine'' in subpar. (S),

and ''Hydriodic acid'' for ''Hydriotic acid'' in subpar. (U).

Par. (35)(G). Pub. L. 104-237, Sec. 209(2), amended subpar. (G)

generally, inserting ''(or Methyl Ethyl Ketone)'' before period at

end.

Par. (35)(I), (J). Pub. L. 104-237, Sec. 204(a), added subpars.

(I) and (J).

Par. (39)(A)(iv)(I)(aa). Pub. L. 104-237, Sec. 401(a)(1), (b)(1),

substituted '', pseudoephedrine or its salts, optical isomers, or

salts of optical isomers, or phenylpropanolamine or its salts,

optical isomers, or salts of optical isomers unless otherwise

provided by regulation of the Attorney General issued pursuant to

section 814(e) of this title, except that any sale of ordinary

over-the-counter pseudoephedrine or phenylpropanolamine products by

retail distributors shall not be a regulated transaction (except as

provided in section 401(d) of the Comprehensive Methamphetamine

Control Act of 1996);'' for ''as the only active medicinal

ingredient or contains ephedrine or its salts, optical isomers, or

salts of optical isomers and therapeutically insignificant

quantities of another active medicinal ingredient;''.

Par. (39)(A)(iv)(II). Pub. L. 104-237, Sec. 401(a)(2), (b)(2),

inserted '', pseudoephedrine, phenylpropanolamine,'' after

''ephedrine'' and inserted before semicolon '', except that the

threshold for any sale of products containing pseudoephedrine or

phenylpropanolamine products by retail distributors or by

distributors required to submit reports by section 830(b)(3) of

this title shall be 24 grams of pseudoephedrine or 24 grams of

phenylpropanolamine in a single transaction''.

Pars. (43), (44). Pub. L. 104-294, Sec. 604(b)(4), 607(j)(2),

which provided for amendment to section identical to Pub. L.

104-237, Sec. 401(b)(3), below, were repealed by Pub. L. 107-273,

Sec. 4002(c)(1).

Pub. L. 104-237, Sec. 401(b)(3), redesignated par. (43), relating

to felony drug offense, as (44).

Pars. (45), (46). Pub. L. 104-237, Sec. 401(b)(4), added pars.

(45) and (46).

1994 - Par. (34)(V), (W). Pub. L. 103-322, Sec. 330024(b),

realigned margins and capitalized first letter.

Par. (35). Pub. L. 103-322, Sec. 330024(d)(1), made technical

correction to directory language of Pub. L. 103-200, Sec.

2(a)(4)(B). See 1993 Amendment note below.

Par. (39)(A)(iv)(II). Pub. L. 103-322, Sec. 330024(a),

substituted ''; or'' for period at end.

Par. (43). Pub. L. 103-322, Sec. 90105(d), added par. (43)

defining ''felony drug offense''.

1993 - Par. (33). Pub. L. 103-200, Sec. 2(a)(1), substituted

''any list I chemical or any list II chemical'' for ''any listed

precursor chemical or listed essential chemical''.

Par. (34). Pub. L. 103-200, Sec. 2(a)(2), substituted ''list I

chemical'' for ''listed precursor chemical'' and ''important to the

manufacture'' for ''critical to the creation'' in introductory

provisions.

Par. (34)(A), (F), (H). Pub. L. 103-200, Sec. 2(a)(3), inserted

'', its esters,'' before ''and''.

Par. (34)(O). Pub. L. 103-200, Sec. 8(1), (2), redesignated

subpar. (P) as (O) and struck out former subpar. (O) which read as

follows: ''D-lysergic acid.''

Par. (34)(P) to (S). Pub. L. 103-200, Sec. 8(2), redesignated

subpars. (Q) to (T) as (P) to (S), respectively. Former subpar.

(P) redesignated (O).

Par. (34)(T). Pub. L. 103-200, Sec. 8(2), redesignated subpar.

(V) as (T). Former subpar. (T) redesignated (S).

Par. (34)(U). Pub. L. 103-200, Sec. 8(1), (2), redesignated

subpar. (X) as (U) and struck out former subpar. (U) which read as

follows: ''N-ethylephedrine.''

Par. (34)(V). Pub. L. 103-200, Sec. 8(2), (4), added subpar. (V)

and redesignated former subpar. (V) as (T).

Par. (34)(W). Pub. L. 103-200, Sec. 8(1), (4), added subpar. (W)

and struck out former subpar. (W) which read as follows:

''N-ethylpseudoephedrine.''

Par. (34)(X). Pub. L. 103-200, Sec. 8(2), (3), redesignated

subpar. (Y) as (X) and substituted ''through (U)'' for ''through

(X)''.

Par. (34)(Y). Pub. L. 103-200, Sec. 8(2), redesignated subpar.

(Y) as (X).

Par. (35). Pub. L. 103-200, Sec. 2(a)(4)(A), (C), substituted

''list II chemical'' for ''listed essential chemical'' and struck

out ''as a solvent, reagent, or catalyst'' before ''in

manufacturing''.

Pub. L. 103-200, Sec. 2(a)(4)(B), as amended by Pub. L. 103-322,

Sec. 330024(d)(1), inserted ''(other than a list I chemical)''

before ''specified'' the first time appearing.

Par. (37). Pub. L. 103-200, Sec. 9(a), amended par. (37)

generally. Prior to amendment, par. (37) read as follows: ''The

term 'regular supplier' means, with respect to a regulated person,

a supplier with whom the regulated person has an established

business relationship that is reported to the Attorney General.''

Par. (38). Pub. L. 103-200, Sec. 2(a)(5), inserted before period

at end ''or who acts as a broker or trader for an international

transaction involving a listed chemical, a tableting machine, or an

encapsulating machine''.

Par. (39)(A). Pub. L. 103-200, Sec. 2(a)(6)(A), 7, in

introductory provisions, substituted ''importation, or exportation

of, or an international transaction involving shipment of,'' for

''importation or exportation of'' and inserted ''a listed chemical,

or if the Attorney General establishes a threshold amount for a

specific listed chemical,'' before ''a threshold amount,''.

Par. (39)(A)(iii). Pub. L. 103-200, Sec. 2(a)(6)(B), inserted

''or any category of transaction for a specific listed chemical or

chemicals'' after ''transaction''.

Par. (39)(A)(iv). Pub. L. 103-200, Sec. 2(a)(6)(C), amended cl.

(iv) generally. Prior to amendment, cl. (iv) read as follows:

''any transaction in a listed chemical that is contained in a drug

that may be marketed or distributed lawfully in the United States

under the Federal Food, Drug, and Cosmetic Act; or''.

Par. (39)(A)(v). Pub. L. 103-200, Sec. 2(a)(6)(D), inserted

before semicolon at end ''which the Attorney General has by

regulation designated as exempt from the application of this

subchapter and subchapter II of this chapter based on a finding

that the mixture is formulated in such a way that it cannot be

easily used in the illicit production of a controlled substance and

that the listed chemical or chemicals contained in the mixture

cannot be readily recovered''.

Par. (40). Pub. L. 103-200, Sec. 2(a)(7), substituted ''list I

chemical or a list II chemical'' for ''listed precursor chemical or

a listed essential chemical'' in two places.

Pars. (42), (43). Pub. L. 103-200, Sec. 2(a)(8), added pars. (42)

and (43).

1990 - Par. (32)(A). Pub. L. 101-647, Sec. 3599I, substituted

''the stimulant'' for ''the stimulent'' in cl. (ii) and ''a

stimulant'' for ''a stimulent'' in cl. (iii).

Par. (34)(M) to (Y). Pub. L. 101-647, Sec. 2301(a), added

subpars. (M) to (Y).

Par. (35)(E). Pub. L. 101-647, Sec. 2301(b), struck out subpar.

(E) ''Hydriodic acid.''

Par. (41). Pub. L. 101-647, Sec. 1902(b), added par. (41).

1988 - Par. (8). Pub. L. 100-690, Sec. 6054(1), inserted ''or a

listed chemical'' after ''a controlled substance''.

Par. (11). Pub. L. 100-690, Sec. 6054(2), inserted ''or a listed

chemical'' after ''a controlled substance'' in two places.

Pars. (33) to (40). Pub. L. 100-690, Sec. 6054(3), added pars.

(33) to (40).

1986 - Par. (6). Pub. L. 99-514 substituted ''Internal Revenue

Code of 1986'' for ''Internal Revenue Code of 1954''.

Par. (14). Pub. L. 99-570, Sec. 1870, and Pub. L. 99-646 amended

par. (14) identically, substituting ''any optical'' for ''the

optical'' in second and third sentences.

Par. (25). Pub. L. 99-570, Sec. 1003(b)(1), added par. (25).

Former par. (25) redesignated (26).

Pars. (26) to (31). Pub. L. 99-570, Sec. 1003(b)(2), redesignated

pars. (25) to (30) as (26) to (31), respectively.

Par. (32). Pub. L. 99-570, Sec. 1203, added par. (32).

1984 - Pars. (14) to (16). Pub. L. 98-473, Sec. 507(a), added

par. (14) and redesignated former pars. (14) to (16) as (15) to

(17), respectively.

Par. (17). Pub. L. 98-473, Sec. 507, redesignated former par.

(16) as (17), and expanded and revised definition of ''narcotic

drug'', including within term poppy straw, cocaine, and ecgonine.

Former par. (17) redesignated (18).

Pars. (18) to (28). Pub. L. 98-473, Sec. 507(a), redesignated

former pars. (17) to (27) as (18) to (28), respectively.

Par. (29). Pub. L. 98-509 which directed the substitution of

''one hundred and eighty'' for ''twenty-one'' in par. (28), was

executed to par. (29) in view of the redesignation of par. (28) as

par. (29) by Pub. L. 98-473.

Pub. L. 98-473, Sec. 507(a), redesignated former par. (28) as

(29). Former par. (29) redesignated (30).

Par. (30). Pub. L. 98-473, Sec. 507(a), redesignated former par.

(29) as (30).

1979 - Par. (4). Pub. L. 96-132 substituted provisions defining

''Drug Enforcement Administration'' for provisions defining

''Bureau of Narcotics and Dangerous Drugs''.

1978 - Par. (29). Pub. L. 95-633 added par. (29).

1974 - Pars. (27), (28). Pub. L. 93-281 added pars. (27) and

(28).

-CHANGE-

CHANGE OF NAME

''Secretary of Health and Human Services'' substituted for

''Secretary of Health, Education, and Welfare'' in par. (24)

pursuant to section 509(b) of Pub. L. 96-88, which is classified to

section 3508(b) of Title 20, Education.

-MISC4-

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-273, div. B, title IV, Sec. 4002(c)(1), Nov. 2,

2002, 116 Stat. 1808, provided that the amendment made by section

4002(c)(1) is effective Oct. 11, 1996.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-310, div. B, title XXXVI, Sec. 3622(b), Oct. 17,

2000, 114 Stat. 1231, provided that: ''The amendments made by

subsection (a) (amending this section) shall take effect 1 year

after the date of the enactment of this Act (Oct. 17, 2000).''

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-115 effective 90 days after Nov. 21,

1997, except as otherwise provided, see section 501 of Pub. L.

105-115, set out as a note under section 321 of this title.

EFFECTIVE DATE OF 1996 AMENDMENTS

Amendment by section 604(b)(4) of Pub. L. 104-294 effective Sept.

13, 1994, see section 604(d) of Pub. L. 104-294, set out as a note

under section 13 of Title 18, Crimes and Criminal Procedure.

Section 401(g) of Pub. L. 104-237 provided that:

''Notwithstanding any other provision of this Act (see section 1(a)

of Pub. L. 104-237, set out as a Short Title of 1996 Amendments

note under section 801 of this title), this section (amending this

section and section 814 of this title and enacting provisions set

out as a note below) shall not apply to the sale of any

pseudoephedrine or phenylpropanolamine product prior to 12 months

after the date of enactment of this Act (Oct. 3, 1996), except

that, on application of a manufacturer of a particular

pseudoephedrine or phenylpropanolamine drug product, the Attorney

General may, in her sole discretion, extend such effective date up

to an additional six months. Notwithstanding any other provision

of law, the decision of the Attorney General on such an application

shall not be subject to judicial review.''

EFFECTIVE DATE OF 1994 AMENDMENT

Section 330024(f) of Pub. L. 103-322 provided that: ''The

amendments made by this section (amending this section and sections

824, 960, and 971 of this title) shall take effect as of the date

that is 120 days after the date of enactment of the Domestic

Chemical Diversion Control Act of 1993 (Dec. 17, 1993).''

EFFECTIVE DATE OF 1993 AMENDMENT

Section 11 of Pub. L. 103-200 provided that: ''This Act (enacting

section 814 of this title, amending this section and sections 821

to 824, 830, 843, 880, 957, 958, 960, and 971 of this title, and

enacting provisions set out as a note under section 801 of this

title) and the amendments made by this Act shall take effect on the

date that is 120 days after the date of enactment of this Act (Dec.

17, 1993).''

EFFECTIVE DATE OF 1990 AMENDMENT

Section 1902(d) of Pub. L. 101-647 provided that: ''This section

(amending this section and section 812 of this title and enacting

provisions set out as a note under section 829 of this title) and

the amendment made by this section shall take effect 90 days after

the date of enactment of this Act (Nov. 29, 1990).''

EFFECTIVE DATE OF 1988 AMENDMENT

Section 6061 of title VI of Pub. L. 100-690 provided that:

''Except as otherwise provided in this subtitle, this subtitle

(subtitle A (Sec. 6051-6061) of title VI of Pub. L. 100-690,

enacting section 971 of this title, amending this section and

sections 830, 841 to 843, 872, 876, 881, 960, and 961 of this

title, and enacting provisions set out as notes under this section

and section 971 of this title) shall take effect 120 days after the

enactment of this Act (Nov. 18, 1988).''

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-633 effective on date the Convention on

Psychotropic Substances enters into force in the United States

(July 15, 1980), see section 112 of Pub. L. 95-633, set out as an

Effective Date note under section 801a of this title.

REGULATIONS

Section 301(b) of Pub. L. 98-509 provided that: ''The Secretary

of Health and Human Services shall, within ninety days of the date

of the enactment of this Act (Oct. 19, 1984), promulgate

regulations for the administration of section 102(28) of the

Controlled Substances Act (21 U.S.C. 802(29)) as amended by

subsection (a) and shall include in the first report submitted

under section 505(b) (503(b)) of the Public Health Service Act

(former 42 U.S.C. 290aa-2(b)) after the expiration of such ninety

days the findings of the Secretary with respect to the effect of

the amendment made by subsection (a).''

REPORT ON DIVERSION OF ORDINARY, OVER-THE-COUNTER PSEUDOEPHEDRINE

AND PHENYLPROPANOLAMINE PRODUCTS

Pub. L. 106-310, div. B, title XXXVI, Sec. 3642, Oct. 17, 2000,

114 Stat. 1237, provided that:

''(a) Study. - The Attorney General shall conduct a study of the

use of ordinary, over-the-counter pseudoephedrine and

phenylpropanolamine products in the clandestine production of

illicit drugs. Sources of data for the study shall include the

following:

''(1) Information from Federal, State, and local clandestine

laboratory seizures and related investigations identifying the

source, type, or brand of drug products being utilized and how

they were obtained for the illicit production of methamphetamine

and amphetamine.

''(2) Information submitted voluntarily from the pharmaceutical

and retail industries involved in the manufacture, distribution,

and sale of drug products containing ephedrine, pseudoephedrine,

and phenylpropanolamine, including information on changes in the

pattern, volume, or both, of sales of ordinary, over-the-counter

pseudoephedrine and phenylpropanolamine products.

''(b) Report. -

''(1) Requirement. - Not later than 1 year after the date of

the enactment of this Act (Oct. 17, 2000), the Attorney General

shall submit to Congress a report on the study conducted under

subsection (a).

''(2) Elements. - The report shall include -

''(A) the findings of the Attorney General as a result of the

study; and

''(B) such recommendations on the need to establish

additional measures to prevent diversion of ordinary,

over-the-counter pseudoephedrine and phenylpropanolamine (such

as a threshold on ordinary, over-the-counter pseudoephedrine

and phenylpropanolamine products) as the Attorney General

considers appropriate.

''(3) Matters considered. - In preparing the report, the

Attorney General shall consider the comments and recommendations

including the comments on the Attorney General's proposed

findings and recommendations, of State and local law enforcement

and regulatory officials and of representatives of the industry

described in subsection (a)(2).

''(c) Regulation of Retail Sales. -

''(1) In general. - Notwithstanding section 401(d) of the

Comprehensive Methamphetamine Control Act of 1996 (Pub. L.

104-237) (21 U.S.C. 802 note) and subject to paragraph (2), the

Attorney General shall establish by regulation a

single-transaction limit of not less than 24 grams of ordinary,

over-the-counter pseudoephedrine or phenylpropanolamine (as the

case may be) for retail distributors, if the Attorney General

finds, in the report under subsection (b), that -

''(A) there is a significant number of instances (as set

forth in paragraph (3)(A) of such section 401(d) for purposes

of such section) where ordinary, over-the-counter

pseudoephedrine products, phenylpropanolamine products, or both

such products that were purchased from retail distributors were

widely used in the clandestine production of illicit drugs; and

''(B) the best practical method of preventing such use is the

establishment of single-transaction limits for retail

distributors of either or both of such products.

''(2) Due process. - The Attorney General shall establish the

single-transaction limit under paragraph (1) only after notice,

comment, and an informal hearing.''

REGULATION OF RETAIL SALES OF CERTAIN PRECURSOR CHEMICALS; EFFECT

ON THRESHOLDS; COMBINATION EPHEDRINE PRODUCTS

Section 401(d)-(f) of Pub. L. 104-237 provided that:

''(d) Regulation of Retail Sales. -

''(1) Pseudoephedrine. -

''(A) Limit. -

''(i) In general. - Not sooner than the effective date of

this section (see Effective Date of 1996 Amendments note

above) and subject to the requirements of clause (ii), the

Attorney General may establish by regulation a

single-transaction limit of 24 grams of pseudoephedrine base

for retail distributors. Notwithstanding any other provision

of law, the single-transaction threshold quantity for

pseudoephedrine-containing compounds may not be lowered

beyond that established in this paragraph.

''(ii) Conditions. - In order to establish a

single-transaction limit of 24 grams of pseudoephedrine base,

the Attorney General shall establish, following notice,

comment, and an informal hearing that since the date of

enactment of this Act (Oct. 3, 1996) there are a significant

number of instances where ordinary over-the-counter

pseudoephedrine products as established in paragraph (45) of

section 102 of the Controlled Substances Act (21 U.S.C.

802(45)), as added by this Act, sold by retail distributors

as established in paragraph (46) in section 102 of the

Controlled Substances Act (21 U.S.C. 802(46)), are being

widely used as a significant source of precursor chemicals

for illegal manufacture of a controlled substance for

distribution or sale.

''(B) Violation. - Any individual or business that violates

the thresholds established in this paragraph shall, with

respect to the first such violation, receive a warning letter

from the Attorney General and, if a business, the business

shall be required to conduct mandatory education of the sales

employees of the firm with regard to the legal sales of

pseudoephedrine. For a second violation occurring within 2

years of the first violation, the business or individual shall

be subject to a civil penalty of not more than $5,000. For any

subsequent violation occurring within 2 years of the previous

violation, the business or individual shall be subject to a

civil penalty not to exceed the amount of the previous civil

penalty plus $5,000.

''(2) Phenylpropanolamine. -

''(A) Limit. -

''(i) In general. - Not sooner than the effective date of

this section and subject to the requirements of clause (ii),

the Attorney General may establish by regulation a

single-transaction limit of 24 grams of phenylpropanolamine

base for retail distributors. Notwithstanding any other

provision of law, the single-transaction threshold quantity

for phenylpropanolamine-containing compounds may not be

lowered beyond that established in this paragraph.

''(ii) Conditions. - In order to establish a

single-transaction limit of 24 grams of phenylpropanolamine

base, the Attorney General shall establish, following notice,

comment, and an informal hearing, that since the date of

enactment of this Act there are a significant number of

instances where ordinary over-the-counter phenylpropanolamine

products as established in paragraph (45) of section 102 of

the Controlled Substances Act (21 U.S.C. 802(45)), as added

by this Act, sold by retail distributors as established in

paragraph (46) in section 102 of the Controlled Substances

Act (21 U.S.C. 802(46)), are being used as a significant

source of precursor chemicals for illegal manufacture of a

controlled substance in bulk.

''(B) Violation. - Any individual or business that violates

the thresholds established in this paragraph shall, with

respect to the first such violation, receive a warning letter

from the Attorney General and, if a business, the business

shall be required to conduct mandatory education of the sales

employees of the firm with regard to the legal sales of

pseudoephedrine. For a second violation occurring within 2

years of the first violation, the business or individual shall

be subject to a civil penalty of not more than $5,000. For any

subsequent violation occurring within 2 years of the previous

violation, the business or individual shall be subject to a

civil penalty not to exceed the amount of the previous civil

penalty plus $5,000.

''(3) Significant number of instances. -

''(A) In general. - For purposes of this subsection, isolated

or infrequent use, or use in insubstantial quantities, of

ordinary over-the-counter pseudoephedrine or

phenylpropanolamine, as defined in section 102(45) of the

Controlled Substances Act, as added by section 401(b) of this

Act, and sold at the retail level for the illicit manufacture

of methamphetamine or amphetamine may not be used by the

Attorney General as the basis for establishing the conditions

under paragraph (1)(A)(ii) of this subsection, with respect to

pseudoephedrine, and paragraph (2)(A)(ii) of this subsection,

with respect to phenylpropanolamine.

''(B) Considerations and report. - The Attorney General shall

''(i) in establishing a finding under paragraph (1)(A)(ii)

or (2)(A)(ii) of this subsection, consult with the Secretary

of Health and Human Services in order to consider the effects

on public health that would occur from the establishment of

new single transaction limits as provided in such paragraph;

and

''(ii) upon establishing a finding, transmit a report to

the Committees on the Judiciary in both, respectively, the

House of Representatives and the Senate in which the Attorney

General will provide the factual basis for establishing the

new single transaction limits.

''(4) Definition of business. - For purposes of this

subsection, the term 'business' means the entity that makes the

direct sale and does not include the parent company of a business

not involved in a direct sale regulated by this subsection.

''(5) Judicial review. - Any regulation promulgated by the

Attorney General under this section shall be subject to judicial

review pursuant to section 507 of the Controlled Substances Act

(21 U.S.C. 877).

''(e) Effect on Thresholds. - Nothing in the amendments made by

subsection (b) (amending this section) or the provisions of

subsection (d) shall affect the authority of the Attorney General

to modify thresholds (including cumulative thresholds) for retail

distributors for products other than ordinary over-the-counter

pseudoephedrine or phenylpropanolamine products (as defined in

section 102(45) of the Controlled Substances Act (21 U.S.C.

802(45)), as added by this section) or for non-retail distributors,

importers, or exporters.

''(f) Combination Ephedrine Products. -

''(1) In general. - For the purposes of this section,

combination ephedrine products shall be treated the same as

pseudoephedrine products, except that -

''(A) a single transaction limit of 24 grams shall be

effective as of the date of enactment of this Act (Oct. 3,

1996) and shall apply to sales of all combination ephedrine

products, notwithstanding the form in which those products are

packaged, made by retail distributors or distributors required

to submit a report under section 310(b)(3) of the Controlled

Substances Act (21 U.S.C. 830(b)(3)) (as added by section 402

of this Act);

''(B) for regulated transactions for combination ephedrine

products other than sales described in subparagraph (A), the

transaction limit shall be -

''(i) 1 kilogram of ephedrine base, effective on the date

of enactment of this Act; or

''(ii) a threshold other than the threshold described in

clause (i), if established by the Attorney General not

earlier than 1 year after the date of enactment of this Act;

and

''(C) the penalties provided in subsection (d)(1)(B) of this

section shall take effect on the date of enactment of this Act

for any individual or business that violates the single

transaction limit of 24 grams for combination ephedrine

products.

''(2) Definition. - For the purposes of this section, the term

'combination ephedrine product' means a drug product containing

ephedrine or its salts, optical isomers, or salts of optical

isomers and therapeutically significant quantities of another

active medicinal ingredient.''

EXEMPTION FOR SUBSTANCES IN PARAGRAPH (41)

Section 1903 of Pub. L. 101-647 provided that:

''(a) Abuse Potential. - The Attorney General, upon the

recommendation of the Secretary of Health and Human Services, may,

by regulation, exempt any compound, mixture, or preparation

containing a substance in paragraph (41) of section 102 of the

Controlled Substances Act (21 U.S.C. 802(41)) (as added by section

2 (1902) of this Act) from the application of all or any part of

the Controlled Substances Act (21 U.S.C. 801 et seq.) if, because

of its concentration, preparation, mixture or delivery system, it

has no significant potential for abuse.

''(b) Drugs for Treatment of Rare Diseases. - If the Attorney

General finds that a drug listed in paragraph (41) of section 102

of the Controlled Substances Act (as added by section 2 (1902) of

this Act) is -

''(1) approved by the Food and Drug Administration as an

accepted treatment for a rare disease or condition, as defined in

section 526 of the Federal Food, Drug, and Cosmetic Act (21

U.S.C. 360bb); and

''(2) does not have a significant potential for abuse, the

Attorney General may exempt such drug from any production

regulations otherwise issued under the Controlled Substances Act

as may be necessary to ensure adequate supplies of such drug for

medical purposes.

''(c) Date of Issuance of Regulations. - The Attorney General

shall issue regulations implementing this section not later than 45

days after the date of enactment of this Act (Nov. 29, 1990),

except that the regulations required under section 3(a) (1903(a))

shall be issued not later than 180 days after the date of enactment

of this Act.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 814, 822, 823, 830, 862a,

889, 951, 956, 957, 958, 967, 1115, 1701, 1907 of this title; title

7 sections 2015, 2021; title 8 sections 1101, 1182, 1227; title 10

section 986; title 16 section 559b; title 18 sections 175b, 342,

521, 842, 922, 924, 1791, 1952, 1961, 2118, 3142, 3563, 3592; title

19 sections 1401, 1584, 1607; title 20 section 1091; title 22

sections 2291, 2708, 2714; title 23 section 410; title 25 section

4103; title 29 sections 1111, 1854, 2892; title 42 sections 201,

1437a, 1437d, 1437f, 1786, 2000e-2, 2473c, 3602, 3607, 5667, 5667a,

9601, 9919, 11851, 11905, 11924, 12602; title 46 section 2101;

title 46 App. section 1903; title 48 sections 1902, 1903; title 49

sections 5331, 20140, 30301, 31102, 31301, 31306, 44106, 44111,

44703, 44710, 44713, 45101, 46306, 46317, 80302; title 50 section

404i.

-CITE-

21 USC Sec. 803 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part A - Introductory Provisions

-HEAD-

Sec. 803. Repealed. Pub. L. 95-137, Sec. 1(b), Oct. 18, 1977, 91

Stat. 1169

-MISC1-

Section, Pub. L. 91-513, title II, Sec. 103, Oct. 27, 1970, 84

Stat. 1245, authorized Bureau of Narcotics and Dangerous Drugs to

add, during fiscal year 1971, 300 agents, together with necessary

supporting personnel, and provided for appropriations of $6,000,000

to carry out such addition.

-CITE-

21 USC Part B - Authority To Control; Standards and

Schedules 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part B - Authority To Control; Standards and Schedules

-HEAD-

Part B - Authority To Control; Standards and Schedules

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in title 50 section 404i.

-CITE-

21 USC Sec. 811 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part B - Authority To Control; Standards and Schedules

-HEAD-

Sec. 811. Authority and criteria for classification of substances

-STATUTE-

(a) Rules and regulations of Attorney General; hearing

The Attorney General shall apply the provisions of this

subchapter to the controlled substances listed in the schedules

established by section 812 of this title and to any other drug or

other substance added to such schedules under this subchapter.

Except as provided in subsections (d) and (e) of this section, the

Attorney General may by rule -

(1) add to such a schedule or transfer between such schedules

any drug or other substance if he -

(A) finds that such drug or other substance has a potential

for abuse, and

(B) makes with respect to such drug or other substance the

findings prescribed by subsection (b) of section 812 of this

title for the schedule in which such drug is to be placed; or

(2) remove any drug or other substance from the schedules if he

finds that the drug or other substance does not meet the

requirements for inclusion in any schedule.

Rules of the Attorney General under this subsection shall be made

on the record after opportunity for a hearing pursuant to the

rulemaking procedures prescribed by subchapter II of chapter 5 of

title 5. Proceedings for the issuance, amendment, or repeal of such

rules may be initiated by the Attorney General (1) on his own

motion, (2) at the request of the Secretary, or (3) on the petition

of any interested party.

(b) Evaluation of drugs and other substances

The Attorney General shall, before initiating proceedings under

subsection (a) of this section to control a drug or other substance

or to remove a drug or other substance entirely from the schedules,

and after gathering the necessary data, request from the Secretary

a scientific and medical evaluation, and his recommendations, as to

whether such drug or other substance should be so controlled or

removed as a controlled substance. In making such evaluation and

recommendations, the Secretary shall consider the factors listed in

paragraphs (2), (3), (6), (7), and (8) of subsection (c) of this

section and any scientific or medical considerations involved in

paragraphs (1), (4), and (5) of such subsection. The

recommendations of the Secretary shall include recommendations with

respect to the appropriate schedule, if any, under which such drug

or other substance should be listed. The evaluation and the

recommendations of the Secretary shall be made in writing and

submitted to the Attorney General within a reasonable time. The

recommendations of the Secretary to the Attorney General shall be

binding on the Attorney General as to such scientific and medical

matters, and if the Secretary recommends that a drug or other

substance not be controlled, the Attorney General shall not control

the drug or other substance. If the Attorney General determines

that these facts and all other relevant data constitute substantial

evidence of potential for abuse such as to warrant control or

substantial evidence that the drug or other substance should be

removed entirely from the schedules, he shall initiate proceedings

for control or removal, as the case may be, under subsection (a) of

this section.

In making any finding under subsection (a) of this section or

under subsection (b) of section 812 of this title, the Attorney

General shall consider the following factors with respect to each

drug or other substance proposed to be controlled or removed from

the schedules:

(1) Its actual or relative potential for abuse.

(2) Scientific evidence of its pharmacological effect, if

known.

(3) The state of current scientific knowledge regarding the

drug or other substance.

(4) Its history and current pattern of abuse.

(5) The scope, duration, and significance of abuse.

(6) What, if any, risk there is to the public health.

(7) Its psychic or physiological dependence liability.

(8) Whether the substance is an immediate precursor of a

substance already controlled under this subchapter.

(d) International treaties, conventions, and protocols requiring

control; procedures respecting changes in drug schedules of

Convention on Psychotropic Substances

(1) If control is required by United States obligations under

international treaties, conventions, or protocols in effect on

October 27, 1970, the Attorney General shall issue an order

controlling such drug under the schedule he deems most appropriate

to carry out such obligations, without regard to the findings

required by subsection (a) of this section or section 812(b) of

this title and without regard to the procedures prescribed by

subsections (a) and (b) of this section.

(2)(A) Whenever the Secretary of State receives notification from

the Secretary-General of the United Nations that information has

been transmitted by or to the World Health Organization, pursuant

to article 2 of the Convention on Psychotropic Substances, which

may justify adding a drug or other substance to one of the

schedules of the Convention, transferring a drug or substance from

one schedule to another, or deleting it from the schedules, the

Secretary of State shall immediately transmit the notice to the

Secretary of Health and Human Services who shall publish it in the

Federal Register and provide opportunity to interested persons to

submit to him comments respecting the scientific and medical

evaluations which he is to prepare respecting such drug or

substance. The Secretary of Health and Human Services shall

prepare for transmission through the Secretary of State to the

World Health Organization such medical and scientific evaluations

as may be appropriate regarding the possible action that could be

proposed by the World Health Organization respecting the drug or

substance with respect to which a notice was transmitted under this

subparagraph.

(B) Whenever the Secretary of State receives information that the

Commission on Narcotic Drugs of the United Nations proposes to

decide whether to add a drug or other substance to one of the

schedules of the Convention, transfer a drug or substance from one

schedule to another, or delete it from the schedules, the Secretary

of State shall transmit timely notice to the Secretary of Health

and Human Services of such information who shall publish a summary

of such information in the Federal Register and provide opportunity

to interested persons to submit to him comments respecting the

recommendation which he is to furnish, pursuant to this

subparagraph, respecting such proposal. The Secretary of Health

and Human Services shall evaluate the proposal and furnish a

recommendation to the Secretary of State which shall be binding on

the representative of the United States in discussions and

negotiations relating to the proposal.

(3) When the United States receives notification of a scheduling

decision pursuant to article 2 of the Convention on Psychotropic

Substances that a drug or other substance has been added or

transferred to a schedule specified in the notification or receives

notification (referred to in this subsection as a ''schedule

notice'') that existing legal controls applicable under this

subchapter to a drug or substance and the controls required by the

Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) do not

meet the requirements of the schedule of the Convention in which

such drug or substance has been placed, the Secretary of Health and

Human Services after consultation with the Attorney General, shall

first determine whether existing legal controls under this

subchapter applicable to the drug or substance and the controls

required by the Federal Food, Drug, and Cosmetic Act, meet the

requirements of the schedule specified in the notification or

schedule notice and shall take the following action:

(A) If such requirements are met by such existing controls but

the Secretary of Health and Human Services nonetheless believes

that more stringent controls should be applied to the drug or

substance, the Secretary shall recommend to the Attorney General

that he initiate proceedings for scheduling the drug or

substance, pursuant to subsections (a) and (b) of this section,

to apply to such controls.

(B) If such requirements are not met by such existing controls

and the Secretary of Health and Human Services concurs in the

scheduling decision or schedule notice transmitted by the

notification, the Secretary shall recommend to the Attorney

General that he initiate proceedings for scheduling the drug or

substance under the appropriate schedule pursuant to subsections

(a) and (b) of this section.

and the Secretary of Health and Human Services does not concur in

the scheduling decision or schedule notice transmitted by the

notification, the Secretary shall -

(i) if he deems that additional controls are necessary to

protect the public health and safety, recommend to the Attorney

General that he initiate proceedings for scheduling the drug or

substance pursuant to subsections (a) and (b) of this section,

to apply such additional controls;

(ii) request the Secretary of State to transmit a notice of

qualified acceptance, within the period specified in the

Convention, pursuant to paragraph 7 of article 2 of the

Convention, to the Secretary-General of the United Nations;

(iii) request the Secretary of State to transmit a notice of

qualified acceptance as prescribed in clause (ii) and request

the Secretary of State to ask for a review by the Economic and

Social Council of the United Nations, in accordance with

paragraph 8 of article 2 of the Convention, of the scheduling

decision; or

(iv) in the case of a schedule notice, request the Secretary

of State to take appropriate action under the Convention to

initiate proceedings to remove the drug or substance from the

schedules under the Convention or to transfer the drug or

substance to a schedule under the Convention different from the

one specified in the schedule notice.

(4)(A) If the Attorney General determines, after consultation

with the Secretary of Health and Human Services, that proceedings

initiated under recommendations made under paragraph (FOOTNOTE 1)

(B) or (C)(i) of paragraph (3) will not be completed within the

time period required by paragraph 7 of article 2 of the Convention,

the Attorney General, after consultation with the Secretary and

after providing interested persons opportunity to submit comments

respecting the requirements of the temporary order to be issued

under this sentence, shall issue a temporary order controlling the

drug or substance under schedule IV or V, whichever is most

appropriate to carry out the minimum United States obligations

under paragraph 7 of article 2 of the Convention. As a part of such

order, the Attorney General shall, after consultation with the

Secretary, except such drug or substance from the application of

any provision of part C of this subchapter which he finds is not

required to carry out the United States obligations under paragraph

7 of article 2 of the Convention. In the case of proceedings

initiated under subparagraph (B) of paragraph (3), the Attorney

General, concurrently with the issuance of such order, shall

request the Secretary of State to transmit a notice of qualified

acceptance to the Secretary-General of the United Nations pursuant

to paragraph 7 of article 2 of the Convention. A temporary order

issued under this subparagraph controlling a drug or other

substance subject to proceedings initiated under subsections (a)

and (b) of this section shall expire upon the effective date of the

application to the drug or substance of the controls resulting from

such proceedings.

(FOOTNOTE 1) So in original. Probably should be

''subparagraph''.

(B) After a notice of qualified acceptance of a scheduling

decision with respect to a drug or other substance is transmitted

to the Secretary-General of the United Nations in accordance with

clause (ii) or (iii) of paragraph (3)(C) or after a request has

been made under clause (iv) of such paragraph with respect to a

drug or substance described in a schedule notice, the Attorney

General, after consultation with the Secretary of Health and Human

Services and after providing interested persons opportunity to

submit comments respecting the requirements of the order to be

issued under this sentence, shall issue an order controlling the

drug or substance under schedule IV or V, whichever is most

appropriate to carry out the minimum United States obligations

under paragraph 7 of article 2 of the Convention in the case of a

drug or substance for which a notice of qualified acceptance was

transmitted or whichever the Attorney General determines is

appropriate in the case of a drug or substance described in a

schedule notice. As a part of such order, the Attorney General

shall, after consultation with the Secretary, except such drug or

substance from the application of any provision of part C of this

subchapter which he finds is not required to carry out the United

States obligations under paragraph 7 of article 2 of the

Convention. If, as a result of a review under paragraph 8 of

article 2 of the Convention of the scheduling decision with respect

to which a notice of qualified acceptance was transmitted in

accordance with clause (ii) or (iii) of paragraph (3)(C) -

(i) the decision is reversed, and

(ii) the drug or substance subject to such decision is not

required to be controlled under schedule IV or V to carry out the

minimum United States obligations under paragraph 7 of article 2

of the Convention,

the order issued under this subparagraph with respect to such drug

or substance shall expire upon receipt by the United States of the

review decision. If, as a result of action taken pursuant to

action initiated under a request transmitted under clause (iv) of

paragraph (3)(C), the drug or substance with respect to which such

action was taken is not required to be controlled under schedule IV

or V, the order issued under this paragraph with respect to such

drug or substance shall expire upon receipt by the United States of

a notice of the action taken with respect to such drug or substance

under the Convention.

without regard to the findings required by subsection (a) of this

section or by section 812(b) of this title and without regard to

the procedures prescribed by subsection (a) or (b) of this section.

(5) Nothing in the amendments made by the Psychotropic Substances

Act of 1978 or the regulations or orders promulgated thereunder

shall be construed to preclude requests by the Secretary of Health

and Human Services or the Attorney General through the Secretary of

State, pursuant to article 2 or other applicable provisions of the

Convention, for review of scheduling decisions under such

Convention, based on new or additional information.

(e) Immediate precursors

The Attorney General may, without regard to the findings required

by subsection (a) of this section or section 812(b) of this title

and without regard to the procedures prescribed by subsections (a)

and (b) of this section, place an immediate precursor in the same

schedule in which the controlled substance of which it is an

immediate precursor is placed or in any other schedule with a

higher numerical designation. If the Attorney General designates a

substance as an immediate precursor and places it in a schedule,

other substances shall not be placed in a schedule solely because

they are its precursors.

(f) Abuse potential

If, at the time a new-drug application is submitted to the

Secretary for any drug having a stimulant, depressant, or

hallucinogenic effect on the central nervous system, it appears

that such drug has an abuse potential, such information shall be

forwarded by the Secretary to the Attorney General.

(g) Exclusion of non-narcotic substances sold over the counter

without a prescription; dextromethorphan; exemption of

substances lacking abuse potential

(1) The Attorney General shall by regulation exclude any

non-narcotic substance from a schedule if such substance may, under

the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.),

be lawfully sold over the counter without a prescription.

(2) Dextromethorphan shall not be deemed to be included in any

schedule by reason of enactment of this subchapter unless

controlled after October 27, 1970 pursuant to the foregoing

provisions of this section.

(3) The Attorney General may, by regulation, exempt any compound,

mixture, or preparation containing a controlled substance from the

application of all or any part of this subchapter if he finds such

compound, mixture, or preparation meets the requirements of one of

the following categories:

(A) A mixture, or preparation containing a nonnarcotic

controlled substance, which mixture or preparation is approved

for prescription use, and which contains one or more other active

ingredients which are not listed in any schedule and which are

included therein in such combinations, quantity, proportion, or

concentration as to vitiate the potential for abuse.

(B) A compound, mixture, or preparation which contains any

controlled substance, which is not for administration to a human

being or animal, and which is packaged in such form or

concentration, or with adulterants or denaturants, so that as

packaged it does not present any significant potential for abuse.

(h) Temporary scheduling to avoid imminent hazards to public safety

(1) If the Attorney General finds that the scheduling of a

substance in schedule I on a temporary basis is necessary to avoid

an imminent hazard to the public safety, he may, by order and

without regard to the requirements of subsection (b) of this

section relating to the Secretary of Health and Human Services,

schedule such substance in schedule I if the substance is not

listed in any other schedule in section 812 of this title or if no

exemption or approval is in effect for the substance under section

505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355).

Such an order may not be issued before the expiration of thirty

days from -

(A) the date of the publication by the Attorney General of a

notice in the Federal Register of the intention to issue such

order and the grounds upon which such order is to be issued, and

(B) the date the Attorney General has transmitted the notice

required by paragraph (4).

(2) The scheduling of a substance under this subsection shall

expire at the end of one year from the date of the issuance of the

order scheduling such substance, except that the Attorney General

may, during the pendency of proceedings under subsection (a)(1) of

this section with respect to the substance, extend the temporary

scheduling for up to six months.

(3) When issuing an order under paragraph (1), the Attorney

General shall be required to consider, with respect to the finding

of an imminent hazard to the public safety, only those factors set

forth in paragraphs (4), (5), and (6) of subsection (c) of this

section, including actual abuse, diversion from legitimate

channels, and clandestine importation, manufacture, or

distribution.

(4) The Attorney General shall transmit notice of an order

proposed to be issued under paragraph (1) to the Secretary of

Health and Human Services. In issuing an order under paragraph (1),

the Attorney General shall take into consideration any comments

submitted by the Secretary in response to a notice transmitted

pursuant to this paragraph.

(5) An order issued under paragraph (1) with respect to a

substance shall be vacated upon the conclusion of a subsequent

rulemaking proceeding initiated under subsection (a) of this

section with respect to such substance.

(6) An order issued under paragraph (1) is not subject to

judicial review.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 201, Oct. 27, 1970, 84 Stat. 1245;

Pub. L. 95-633, title I, Sec. 102(a), Nov. 10, 1978, 92 Stat. 3769;

Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695;

Pub. L. 98-473, title II, Sec. 508, 509(a), Oct. 12, 1984, 98 Stat.

2071, 2072.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in subsecs. (a), (c)(8), (d)(3),

(4)(A), (B), and (g)(2), (3), was in the original ''this title'',

meaning title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242,

as amended, 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.

The Federal Food, Drug, and Cosmetic Act, referred to in subsecs.

(d)(3) and (g)(1), is act June 25, 1938, ch. 675, 52 Stat. 1040, as

amended, which is classified generally to chapter 9 (Sec. 301 et

seq.) of this title. For complete classification of this Act to

the Code, see section 301 of this title and Tables.

Schedules I, IV, and V, referred to in subsecs. (d)(4)(A), (B),

and (h)(1), are set out in section 812(c) of this title.

The Psychotropic Substances Act of 1978, referred to in subsec.

(d)(5), is Pub. L. 95-633, Nov. 10, 1978, 92 Stat. 3768, which

enacted sections 801a, 830, and 852 of this title, amended sections

352, 802, 811, 812, 823, 827, 841 to 843, 872, 881, 952, 953, and

965 of this title and section 242a of Title 42, The Public Health

and Welfare, repealed section 830 of this title effective Jan. 1,

1981, and enacted provisions set out as notes under sections 801,

801a, 812, and 830 of this title. For complete classification of

this Act to the Code, see Short Title of 1978 Amendment note set

out under section 801 of this title and Tables.

-MISC2-

AMENDMENTS

1984 - Subsec. (g)(3). Pub. L. 98-473, Sec. 509(a), added par.

(3).

Subsec. (h). Pub. L. 98-473, Sec. 508, added subsec. (h).

1978 - Subsec. (d). Pub. L. 95-633 designated existing provisions

as par. (1) and added pars. (2) to (5).

-CHANGE-

CHANGE OF NAME

''Secretary of Health and Human Services'' substituted for

''Secretary of Health, Education, and Welfare'' in subsec. (d)(2),

(3), (4)(A), (B), (5) pursuant to section 509(b) of Pub. L. 96-88

which is classified to section 3508(b) of Title 20, Education.

-MISC4-

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-633 effective on date the Convention on

Psychotropic Substances enters into force in the United States

(July 15, 1980), see section 112 of Pub. L. 95-633, set out as an

Effective Date note under section 801a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 812, 872, 1115 of this

title.

-CITE-

21 USC Sec. 812 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part B - Authority To Control; Standards and Schedules

-HEAD-

Sec. 812. Schedules of controlled substances

-STATUTE-

(a) Establishment

There are established five schedules of controlled substances, to

be known as schedules I, II, III, IV, and V. Such schedules shall

initially consist of the substances listed in this section. The

schedules established by this section shall be updated and

republished on a semiannual basis during the two-year period

beginning one year after October 27, 1970, and shall be updated and

republished on an annual basis thereafter.

(b) Placement on schedules; findings required

Except where control is required by United States obligations

under an international treaty, convention, or protocol, in effect

on October 27, 1970, and except in the case of an immediate

precursor, a drug or other substance may not be placed in any

schedule unless the findings required for such schedule are made

with respect to such drug or other substance. The findings

required for each of the schedules are as follows:

(1) Schedule I. -

(A) The drug or other substance has a high potential for abuse.

(B) The drug or other substance has no currently accepted

medical use in treatment in the United States.

other substance under medical supervision.

(2) Schedule II. -

(A) The drug or other substance has a high potential for abuse.

(B) The drug or other substance has a currently accepted

medical use in treatment in the United States or a currently

accepted medical use with severe restrictions.

psychological or physical dependence.

(3) Schedule III. -

(A) The drug or other substance has a potential for abuse less

than the drugs or other substances in schedules I and II.

(B) The drug or other substance has a currently accepted

medical use in treatment in the United States.

or low physical dependence or high psychological dependence.

(4) Schedule IV. -

(A) The drug or other substance has a low potential for abuse

relative to the drugs or other substances in schedule III.

(B) The drug or other substance has a currently accepted

medical use in treatment in the United States.

physical dependence or psychological dependence relative to the

drugs or other substances in schedule III.

(5) Schedule V. -

(A) The drug or other substance has a low potential for abuse

relative to the drugs or other substances in schedule IV.

(B) The drug or other substance has a currently accepted

medical use in treatment in the United States.

physical dependence or psychological dependence relative to the

drugs or other substances in schedule IV.

Schedules I, II, III, IV, and V shall, unless and until amended

(FOOTNOTE 1) pursuant to section 811 of this title, consist of the

following drugs or other substances, by whatever official name,

common or usual name, chemical name, or brand name designated:

(FOOTNOTE 1) Revised schedules are published in the Code of

Federal Regulations, Part 1308 of Title 21, Food and Drugs.

SCHEDULE I

(a) Unless specifically excepted or unless listed in another

schedule, any of the following opiates, including their isomers,

esters, ethers, salts, and salts of isomers, esters, and ethers,

whenever the existence of such isomers, esters, ethers, and salts

is possible within the specific chemical designation:

(1) Acetylmethadol.

(2) Allylprodine.

(3) Alphacetylmathadol. (FOOTNOTE 2)

(FOOTNOTE 2) So in original. Probably should be

''Alphacetylmethadol.''

(4) Alphameprodine.

(5) Alphamethadol.

(6) Benzethidine.

(7) Betacetylmethadol.

(8) Betameprodine.

(9) Betamethadol.

(10) Betaprodine.

(11) Clonitazene.

(12) Dextromoramide.

(13) Dextrorphan.

(14) Diampromide.

(15) Diethylthiambutene.

(16) Dimenoxadol.

(17) Dimepheptanol.

(18) Dimethylthiambutene.

(19) Dioxaphetyl butyrate.

(20) Dipipanone.

(21) Ethylmethylthiambutene.

(22) Etonitazene.

(23) Etoxeridine.

(24) Furethidine.

(25) Hydroxypethidine.

(26) Ketobemidone.

(27) Levomoramide.

(28) Levophenacylmorphan.

(29) Morpheridine.

(30) Noracymethadol.

(31) Norlevorphanol.

(32) Normethadone.

(33) Norpipanone.

(34) Phenadoxone.

(35) Phenampromide.

(36) Phenomorphan.

(37) Phenoperidine.

(38) Piritramide.

(39) Propheptazine.

(40) Properidine.

(41) Racemoramide.

(42) Trimeperidine.

(b) Unless specifically excepted or unless listed in another

schedule, any of the following opium derivatives, their salts,

isomers, and salts of isomers whenever the existence of such salts,

isomers, and salts of isomers is possible within the specific

chemical designation:

(1) Acetorphine.

(2) Acetyldihydrocodeine.

(3) Benzylmorphine.

(4) Codeine methylbromide.

(5) Codeine-N-Oxide.

(6) Cyprenorphine.

(7) Desomorphine.

(8) Dihydromorphine.

(9) Etorphine.

(10) Heroin.

(11) Hydromorphinol.

(12) Methyldesorphine.

(13) Methylhydromorphine.

(14) Morphine methylbromide.

(15) Morphine methylsulfonate.

(16) Morphine-N-Oxide.

(17) Myrophine.

(18) Nicocodeine.

(19) Nicomorphine.

(20) Normorphine.

(21) Pholcodine.

(22) Thebacon.

schedule, any material, compound, mixture, or preparation, which

contains any quantity of the following hallucinogenic substances,

or which contains any of their salts, isomers, and salts of isomers

whenever the existence of such salts, isomers, and salts of isomers

is possible within the specific chemical designation:

(1) 3,4-methylenedioxy amphetamine.

(2) 5-methoxy-3,4-methylenedioxy amphetamine.

(3) 3,4,5-trimethoxy amphetamine.

(4) Bufotenine.

(5) Diethyltryptamine.

(6) Dimethyltryptamine.

(7) 4-methyl-2,5-diamethoxyamphetamine.

(8) Ibogaine.

(9) Lysergic acid diethylamide.

(10) Marihuana.

(11) Mescaline.

(12) Peyote.

(13) N-ethyl-3-piperidyl benzilate.

(14) N-methyl-3-piperidyl benzilate.

(15) Psilocybin.

(16) Psilocyn.

(17) Tetrahydrocannabinols.

SCHEDULE II

(a) Unless specifically excepted or unless listed in another

schedule, any of the following substances whether produced directly

or indirectly by extraction from substances of vegetable origin, or

independently by means of chemical synthesis, or by a combination

of extraction and chemical synthesis:

(1) Opium and opiate, and any salt, compound, derivative, or

preparation of opium or opiate.

(2) Any salt, compound, derivative, or preparation thereof

which is chemically equivalent or identical with any of the

substances referred to in clause (1), except that these

substances shall not include the isoquinoline alkaloids of opium.

(3) Opium poppy and poppy straw.

(4) coca (FOOTNOTE 3) leaves, except coca leaves and extracts

of coca leaves from which cocaine, ecgonine, and derivatives of

ecgonine or their salts have been removed; cocaine, its salts,

optical and geometric isomers, and salts of isomers; ecgonine,

its derivatives, their salts, isomers, and salts of isomers; or

any compound, mixture, or preparation which contains any quantity

of any of the substances referred to in this paragraph.

(FOOTNOTE 3) So in original. Probably should be capitalized.

(b) Unless specifically excepted or unless listed in another

schedule, any of the following opiates, including their isomers,

esters, ethers, salts, and salts of isomers, esters and ethers,

whenever the existence of such isomers, esters, ethers, and salts

is possible within the specific chemical designation:

(1) Alphaprodine.

(2) Anileridine.

(3) Bezitramide.

(4) Dihydrocodeine.

(5) Diphenoxylate.

(6) Fentanyl.

(7) Isomethadone.

(8) Levomethorphan.

(9) Levorphanol.

(10) Metazocine.

(11) Methadone.

(12) Methadone-Intermediate,

4-cyano-2-dimethylamino-4,4-diphenyl butane.

(13) Moramide-Intermediate, 2-methyl-3-morpholino-1,

1-diphenylpropane-carboxylic acid.

(14) Pethidine.

(15) Pethidine-Intermediate-A,

4-cyano-1-methyl-4-phenylpiperidine.

(16) Pethidine-Intermediate-B,

ethyl-4-phenylpiperidine-4-carboxylate.

(17) Pethidine-Intermediate-C,

1-methyl-4-phenylpiperidine-4-carboxylic acid.

(18) Phenazocine.

(19) Piminodine.

(20) Racemethorphan.

(21) Racemorphan.

schedule, any injectable liquid which contains any quantity of

methamphetamine, including its salts, isomers, and salts of

isomers.

SCHEDULE III

(a) Unless specifically excepted or unless listed in another

schedule, any material, compound, mixture, or preparation which

contains any quantity of the following substances having a

stimulant effect on the central nervous system:

(1) Amphetamine, its salts, optical isomers, and salts of its

optical isomers.

(2) Phenmetrazine and its salts.

(3) Any substance (except an injectable liquid) which contains

any quantity of methamphetamine, including its salts, isomers,

and salts of isomers.

(4) Methylphenidate.

(b) Unless specifically excepted or unless listed in another

schedule, any material, compound, mixture, or preparation which

contains any quantity of the following substances having a

depressant effect on the central nervous system:

(1) Any substance which contains any quantity of a derivative

of barbituric acid, or any salt of a derivative of barbituric

acid.

(2) Chorhexadol.

(3) Glutethimide.

(4) Lysergic acid.

(5) Lysergic acid amide.

(6) Methyprylon.

(7) Phencyclidine.

(8) Sulfondiethylmethane.

(9) Sulfonethylmethane.

(10) Sulfonmethane.

(d) Unless specifically excepted or unless listed in another

schedule, any material, compound, mixture, or preparation

containing limited quantities of any of the following narcotic

drugs, or any salts thereof:

(1) Not more than 1.8 grams of codeine per 100 milliliters or

not more than 90 milligrams per dosage unit, with an equal or

greater quantity of an isoquinoline alkaloid of opium.

(2) Not more than 1.8 grams of codeine per 100 milliliters or

not more than 90 milligrams per dosage unit, with one or more

active, non-narcotic ingredients in recognized therapeutic

amounts.

(3) Not more than 300 milligrams of dihydrocodeinone per 100

milliliters or not more than 15 milligrams per dosage unit, with

a fourfold or greater quantity of an isoquinoline alkaloid of

opium.

(4) Not more than 300 milligrams of dihydrocodeinone per 100

milliliters or not more than 15 milligrams per dosage unit, with

one or more active, nonnarcotic ingredients in recognized

therapeutic amounts.

(5) Not more than 1.8 grams of dihydrocodeine per 100

milliliters or not more than 90 milligrams per dosage unit, with

one or more active, nonnarcotic ingredients in recognized

therapeutic amounts.

(6) Not more than 300 milligrams of ethylmorphine per 100

milliliters or not more than 15 milligrams per dosage unit, with

one or more active, nonnarcotic ingredients in recognized

therapeutic amounts.

(7) Not more than 500 milligrams of opium per 100 milliliters

or per 100 grams, or not more than 25 milligrams per dosage unit,

with one or more active, nonnarcotic ingredients in recognized

therapeutic amounts.

(8) Not more than 50 milligrams of morphine per 100 milliliters

or per 100 grams with one or more active, nonnarcotic ingredients

in recognized therapeutic amounts.

(e) Anabolic steroids.

SCHEDULE IV

(1) Barbital.

(2) Chloral betaine.

(3) Chloral hydrate.

(4) Ethchlorvynol.

(5) Ethinamate.

(6) Methohexital.

(7) Meprobamate.

(8) Methylphenobarbital.

(9) Paraldehyde.

(10) Petrichloral.

(11) Phenobarbital.

SCHEDULE V

Any compound, mixture, or preparation containing any of the

following limited quantities of narcotic drugs, which shall include

one or more nonnarcotic active medicinal ingredients in sufficient

proportion to confer upon the compound, mixture, or preparation

valuable medicinal qualities other than those possessed by the

narcotic drug alone:

(1) Not more than 200 milligrams of codeine per 100 milliliters

or per 100 grams.

(2) Not more than 100 milligrams of dihydrocodeine per 100

milliliters or per 100 grams.

(3) Not more than 100 milligrams of ethylmorphine per 100

milliliters or per 100 grams.

(4) Not more than 2.5 milligrams of diphenoxylate and not less

than 25 micrograms of atropine sulfate per dosage unit.

(5) Not more than 100 milligrams of opium per 100 milliliters

or per 100 grams.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 202, Oct. 27, 1970, 84 Stat. 1247;

Pub. L. 95-633, title I, Sec. 103, Nov. 10, 1978, 92 Stat. 3772;

Pub. L. 98-473, title II, Sec. 507(c), 509(b), Oct. 12, 1984, 98

Stat. 2071, 2072; Pub. L. 99-570, title I, Sec. 1867, Oct. 27,

1986, 100 Stat. 3207-55; Pub. L. 99-646, Sec. 84, Nov. 10, 1986,

100 Stat. 3619; Pub. L. 101-647, title XIX, Sec. 1902(a), Nov. 29,

1990, 104 Stat. 4851.)

-MISC1-

AMENDMENTS

1990 - Subsec. (c). Pub. L. 101-647 added item (e) at end of

schedule III.

1986 - Subsec. (c). Pub. L. 99-646 amended schedule II(a)(4)

generally. Prior to amendment, schedule II(a)(4) read as follows:

''Coca leaves (except coca leaves and extracts of coca leaves from

which cocaine, ecgonine, and derivatives of ecgonine or their salts

have been removed); cocaine, its salts, optical and geometric

isomers, and salts of isomers; and ecgonine, its derivatives, their

salts, isomers, and salts of isomers.''

Pub. L. 99-570 amended schedule II(a)(4) generally. Prior to

amendment, schedule II(a)(4) read as follows: ''Coca leaves and any

salt, compound, derivative, or preparation of coca leaves

(including cocaine and ecgonine and their salts, isomers,

derivatives, and salts of isomers and derivatives), and any salt,

compound, derivative, or preparation thereof which is chemically

equivalent or identical with any of these substances, except that

the substances shall not include decocainized coca leaves or

extraction of coca leaves, which extractions do not contain cocaine

or ecgonine.''

1984 - Subsec. (c). Pub. L. 98-473, Sec. 507(c), in schedule

II(a)(4) added applicability to cocaine and ecgonine and their

salts, isomers, etc.

Subsec. (d). Pub. L. 98-473, Sec. 509(b), struck out subsec. (d)

which related to authority of Attorney General to except stimulants

or depressants containing active medicinal ingredients.

1978 - Subsec. (d)(3). Pub. L. 95-633 added cl. (3).

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-647 effective 90 days after Nov. 29,

1990, see section 1902(d) of Pub. L. 101-647, set out as a note

under section 802 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-633 effective on date the Convention on

Psychotropic Substances enters into force in the United States

(July 15, 1980), see section 112 of Pub. L. 95-633, set out as an

Effective Date note under section 801a of this title.

CONGRESSIONAL FINDING; EMERGENCY SCHEDULING OF GHB IN CONTROLLED

SUBSTANCES ACT

Pub. L. 106-172, Sec. 2, 3(a), Feb. 18, 2000, 114 Stat. 7, 8,

provided that:

''SEC. 2. FINDINGS.

''Congress finds as follows:

''(1) Gamma hydroxybutyric acid (also called G, Liquid X,

Liquid Ecstasy, Grievous Bodily Harm, Georgia Home Boy, Scoop)

has become a significant and growing problem in law enforcement.

At least 20 States have scheduled such drug in their drug laws

and law enforcement officials have been experiencing an increased

presence of the drug in driving under the influence, sexual

assault, and overdose cases especially at night clubs and

parties.

''(2) A behavioral depressant and a hypnotic, gamma

hydroxybutyric acid ('GHB') is being used in conjunction with

alcohol and other drugs with detrimental effects in an increasing

number of cases. It is difficult to isolate the impact of such

drug's ingestion since it is so typically taken with an

ever-changing array of other drugs and especially alcohol which

potentiates its impact.

''(3) GHB takes the same path as alcohol, processes via alcohol

dehydrogenase, and its symptoms at high levels of intake and as

impact builds are comparable to alcohol ingestion/intoxication.

Thus, aggression and violence can be expected in some individuals

who use such drug.

''(4) If taken for human consumption, common industrial

chemicals such as gamma butyrolactone and 1.4-butanediol are

swiftly converted by the body into GHB. Illicit use of these and

other GHB analogues and precursor chemicals is a significant and

growing law enforcement problem.

''(5) A human pharmaceutical formulation of gamma

hydroxybutyric acid is being developed as a treatment for

cataplexy, a serious and debilitating disease. Cataplexy, which

causes sudden and total loss of muscle control, affects about 65

percent of the estimated 180,000 Americans with narcolepsy, a

sleep disorder. People with cataplexy often are unable to work,

drive a car, hold their children or live a normal life.

''(6) Abuse of illicit GHB is an imminent hazard to public

safety that requires immediate regulatory action under the

Controlled Substances Act (21 U.S.C. 801 et seq.).

''SEC. 3. EMERGENCY SCHEDULING OF GAMMA HYDROXYBUTYRIC ACID AND

LISTING OF GAMMA BUTYROLACTONE AS LIST I CHEMICAL.

''(a) Emergency Scheduling of GHB. -

''(1) In general. - The Congress finds that the abuse of

illicit gamma hydroxybutyric acid is an imminent hazard to the

public safety. Accordingly, the Attorney General,

notwithstanding sections 201(a), 201(b), 201(c), and 202 of the

Controlled Substances Act (21 U.S.C. 811(a)-(c), 812), shall

issue, not later than 60 days after the date of the enactment of

this Act (Feb. 18, 2000), a final order that schedules such drug

(together with its salts, isomers, and salts of isomers) in the

same schedule under section 202(c) of the Controlled Substances

Act as would apply to a scheduling of a substance by the Attorney

General under section 201(h)(1) of such Act (relating to imminent

hazards to the public safety), except as follows:

''(A) For purposes of any requirements that relate to the

physical security of registered manufacturers and registered

distributors, the final order shall treat such drug, when the

drug is manufactured, distributed, or possessed in accordance

with an exemption under section 505(i) of the Federal Food,

Drug, and Cosmetic Act (21 U.S.C. 355(i)) (whether the

exemption involved is authorized before, on, or after the date

of the enactment of this Act (Feb. 18, 2000)), as being in the

same schedule as that recommended by the Secretary of Health

and Human Services for the drug when the drug is the subject of

an authorized investigational new drug application (relating to

such section 505(i)). The recommendation referred to in the

preceding sentence is contained in the first paragraph of the

letter transmitted on May 19, 1999, by such Secretary (acting

through the Assistant Secretary for Health) to the Attorney

General (acting through the Deputy Administrator of the Drug

Enforcement Administration), which letter was in response to

the letter transmitted by the Attorney General (acting through

such Deputy Administrator) on September 16, 1997. In publishing

the final order in the Federal Register, the Attorney General

shall publish a copy of the letter that was transmitted by the

Secretary of Health and Human Services.

''(B) In the case of gamma hydroxybutyric acid that is

contained in a drug product for which an application is

approved under section 505 of the Federal Food, Drug, and

Cosmetic Act (21 U.S.C. 355) (whether the application involved

is approved before, on, or after the date of the enactment of

this Act (Feb. 18, 2000)), the final order shall schedule such

drug in the same schedule as that recommended by the Secretary

of Health and Human Services for authorized formulations of the

drug. The recommendation referred to in the preceding sentence

is contained in the last sentence of the fourth paragraph of

the letter referred to in subparagraph (A) with respect to May

19, 1999.

''(2) Failure to issue order. - If the final order is not

issued within the period specified in paragraph (1), gamma

hydroxybutyric acid (together with its salts, isomers, and salts

of isomers) is deemed to be scheduled under section 202(c) of the

Controlled Substances Act (21 U.S.C. 812(c)) in accordance with

the policies described in paragraph (1), as if the Attorney

General had issued a final order in accordance with such

paragraph.''

PLACEMENT OF PIPRADROL AND SPA IN SCHEDULE IV TO CARRY OUT

OBLIGATION UNDER CONVENTION ON PSYCHOTROPIC SUBSTANCES

Section 102(c) of Pub. L. 95-633 provided that: ''For the purpose

of carrying out the minimum United States obligations under

paragraph 7 of article 2 of the Convention on Psychotropic

Substances, signed at Vienna, Austria, on February 21, 1971, with

respect to pipradrol and SPA (also known as

(-)-1-dimethylamino-1,2-diphenylethane), the Attorney General shall

by order, made without regard to sections 201 and 202 of the

Controlled Substances Act (this section and section 811 of this

title), place such drugs in schedule IV of such Act (see subsec.

Provision of section 102(c) of Pub. L. 95-633, set out above,

effective on the date the Convention on Psychotropic Substances

enters into force in the United States (July 15, 1980), see section

112 of Pub. L. 95-633, set out as an Effective Date note under

section 801a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 384, 811, 1115, 1523,

1703 of this title; title 10 section 912a; title 19 sections 1583,

2484; title 20 sections 1415, 7161; title 29 sections 705, 2006;

title 41 section 706; title 42 sections 12111, 12210.

-CITE-

21 USC Sec. 813 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part B - Authority To Control; Standards and Schedules

-HEAD-

Sec. 813. Treatment of controlled substance analogues

-STATUTE-

A controlled substance analogue shall, to the extent intended for

human consumption, be treated, for the purposes of any Federal law

as a controlled substance in schedule I.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 203, as added Pub. L. 99-570, title

I, Sec. 1202, Oct. 27, 1986, 100 Stat. 3207-13; amended Pub. L.

100-690, title VI, Sec. 6470(c), Nov. 18, 1988, 102 Stat. 4378.)

-REFTEXT-

REFERENCES IN TEXT

Schedule I, referred to in text, is set out in section 812(c) of

this title.

-MISC2-

AMENDMENTS

1988 - Pub. L. 100-690 substituted ''any Federal law'' for ''this

subchapter and subchapter II of this chapter''.

-CITE-

21 USC Sec. 814 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part B - Authority To Control; Standards and Schedules

-HEAD-

Sec. 814. Removal of exemption of certain drugs

-STATUTE-

(a) Removal of exemption

The Attorney General shall by regulation remove from exemption

under section 802(39)(A)(iv) of this title a drug or group of drugs

that the Attorney General finds is being diverted to obtain a

listed chemical for use in the illicit production of a controlled

substance.

(b) Factors to be considered

In removing a drug or group of drugs from exemption under

subsection (a) of this section, the Attorney General shall

consider, with respect to a drug or group of drugs that is proposed

to be removed from exemption -

(1) the scope, duration, and significance of the diversion;

(2) whether the drug or group of drugs is formulated in such a

way that it cannot be easily used in the illicit production of a

controlled substance; and

(3) whether the listed chemical can be readily recovered from

the drug or group of drugs.

The Attorney General shall limit the designation of a drug or a

group of drugs removed from exemption under subsection (a) of this

section to the most particularly identifiable type of drug or group

of drugs for which evidence of diversion exists unless there is

evidence, based on the pattern of diversion and other relevant

factors, that the diversion will not be limited to that particular

drug or group of drugs.

(d) Reinstatement of exemption with respect to particular drug

products

(1) Reinstatement

On application by a manufacturer of a particular drug product

that has been removed from exemption under subsection (a) of this

section, the Attorney General shall by regulation reinstate the

exemption with respect to that particular drug product if the

Attorney General determines that the particular drug product is

manufactured and distributed in a manner that prevents diversion.

(2) Factors to be considered

In deciding whether to reinstate the exemption with respect to

a particular drug product under paragraph (1), the Attorney

General shall consider -

(A) the package sizes and manner of packaging of the drug

product;

(B) the manner of distribution and advertising of the drug

product;

(D) any actions taken by the manufacturer to prevent

diversion of the drug product; and

(E) such other factors as are relevant to and consistent with

the public health and safety, including the factors described

in subsection (b) of this section as applied to the drug

product.

(3) Status pending application for reinstatement

A transaction involving a particular drug product that is the

subject of a bona fide pending application for reinstatement of

exemption filed with the Attorney General not later than 60 days

after a regulation removing the exemption is issued pursuant to

subsection (a) of this section shall not be considered to be a

regulated transaction if the transaction occurs during the

pendency of the application and, if the Attorney General denies

the application, during the period of 60 days following the date

on which the Attorney General denies the application, unless -

(A) the Attorney General has evidence that, applying the

factors described in subsection (b) of this section to the drug

product, the drug product is being diverted; and

(B) the Attorney General so notifies the applicant.

(4) Amendment and modification

A regulation reinstating an exemption under paragraph (1) may

be modified or revoked with respect to a particular drug product

upon a finding that -

(A) applying the factors described in subsection (b) of this

section to the drug product, the drug product is being

diverted; or

(B) there is a significant change in the data that led to the

issuance of the regulation.

(e) Reinstatement of exemption with respect to ephedrine,

pseudoephedrine, and phenylpropanolamine drug products

Pursuant to subsection (d)(1) of this section, the Attorney

General shall by regulation reinstate the exemption with respect to

a particular ephedrine, pseudoephedrine, or phenylpropanolamine

drug product if the Attorney General determines that the drug

product is manufactured and distributed in a manner that prevents

diversion. In making this determination the Attorney General shall

consider the factors listed in subsection (d)(2) of this section.

Any regulation issued pursuant to this subsection may be amended or

revoked based on the factors listed in subsection (d)(4) of this

section.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 204, as added Pub. L. 103-200, Sec.

2(b)(1), Dec. 17, 1993, 107 Stat. 2334; amended Pub. L. 104-237,

title IV, Sec. 401(c), Oct. 3, 1996, 110 Stat. 3108.)

-MISC1-

AMENDMENTS

1996 - Subsec. (e). Pub. L. 104-237 added subsec. (e).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-237 not applicable to sale of any

pseudoephedrine or phenylpropanolamine product prior to 12 months

after Oct. 3, 1996, except that, on application of manufacturer of

particular drug product, Attorney General may exercise sole and

judicially unreviewable discretion to extend such effective date up

to additional 6 months, see section 401(g) of Pub. L. 104-237, set

out as a note under section 802 of this title.

EFFECTIVE DATE

Section effective on date that is 120 days after Dec. 17, 1993,

see section 11 of Pub. L. 103-200, set out as an Effective Date of

1993 Amendment note under section 802 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 802 of this title.

-CITE-

21 USC Part C - Registration of Manufacturers,

Distributors, and Dispensers of Controlled

Substances 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part C - Registration of Manufacturers, Distributors, and

Dispensers of Controlled Substances

-HEAD-

Part C - Registration of Manufacturers, Distributors, and

Dispensers of Controlled Substances

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 811 of this title; title 48

section 1972.

-CITE-

21 USC Sec. 821 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part C - Registration of Manufacturers, Distributors, and

Dispensers of Controlled Substances

-HEAD-

Sec. 821. Rules and regulations

-STATUTE-

The Attorney General is authorized to promulgate rules and

regulations and to charge reasonable fees relating to the

registration and control of the manufacture, distribution, and

dispensing of controlled substances and to the registration and

control of regulated persons and of regulated transactions.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 301, Oct. 27, 1970, 84 Stat. 1253;

Pub. L. 103-200, Sec. 3(a), Dec. 17, 1993, 107 Stat. 2336.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-200 inserted before period at end ''and to the

registration and control of regulated persons and of regulated

transactions''.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-200 effective on date that is 120 days

after Dec. 17, 1993, see section 11 of Pub. L. 103-200, set out as

a note under section 802 of this title.

-CITE-

21 USC Sec. 822 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part C - Registration of Manufacturers, Distributors, and

Dispensers of Controlled Substances

-HEAD-

Sec. 822. Persons required to register

-STATUTE-

(a) Period of registration

(1) Every person who manufactures or distributes any controlled

substance or list I chemical, or who proposes to engage in the

manufacture or distribution of any controlled substance or list I

chemical, shall obtain annually a registration issued by the

Attorney General in accordance with the rules and regulations

promulgated by him.

(2) Every person who dispenses, or who proposes to dispense, any

controlled substance, shall obtain from the Attorney General a

registration issued in accordance with the rules and regulations

promulgated by him. The Attorney General shall, by regulation,

determine the period of such registrations. In no event, however,

shall such registrations be issued for less than one year nor for

more than three years.

(b) Authorized activities

Persons registered by the Attorney General under this subchapter

to manufacture, distribute, or dispense controlled substances or

list I chemicals are authorized to possess, manufacture,

distribute, or dispense such substances or chemicals (including any

such activity in the conduct of research) to the extent authorized

by their registration and in conformity with the other provisions

of this subchapter.

The following persons shall not be required to register and may

lawfully possess any controlled substance or list I chemical under

this subchapter:

(1) An agent or employee of any registered manufacturer,

distributor, or dispenser of any controlled substance or list I

chemical if such agent or employee is acting in the usual course

of his business or employment.

(2) A common or contract carrier or warehouseman, or an

employee thereof, whose possession of the controlled substance or

list I chemical is in the usual course of his business or

employment.

(3) An ultimate user who possesses such substance for a purpose

specified in section 802(25) (FOOTNOTE 1) of this title.

(FOOTNOTE 1) See References in Text note below.

(d) Waiver

The Attorney General may, by regulation, waive the requirement

for registration of certain manufacturers, distributors, or

dispensers if he finds it consistent with the public health and

safety.

(e) Separate registration

A separate registration shall be required at each principal place

of business or professional practice where the applicant

manufactures, distributes, or dispenses controlled substances or

list I chemicals.

(f) Inspection

The Attorney General is authorized to inspect the establishment

of a registrant or applicant for registration in accordance with

the rules and regulations promulgated by him.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 302, Oct. 27, 1970, 84 Stat. 1253;

Pub. L. 98-473, title II, Sec. 510, Oct. 12, 1984, 98 Stat. 2072;

Pub. L. 103-200, Sec. 3(b), Dec. 17, 1993, 107 Stat. 2336.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in subsecs. (b) and (c), was in the

original ''this title'', meaning title II of Pub. L. 91-513, Oct.

27, 1970, 84 Stat. 1242, as amended, 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.

Section 802(25) of this title, referred to in subsec. (c)(3), was

redesignated section 802(26) of this title by Pub. L. 98-473, title

II, Sec. 507(a), Oct. 12, 1984, 98 Stat. 2071, and was further

redesignated section 802(27) of this title by Pub. L. 99-570, title

I, Sec. 1003(b)(2), Oct. 27, 1986, 100 Stat. 3207-6.

-MISC2-

AMENDMENTS

1993 - Subsec. (a)(1). Pub. L. 103-200, Sec. 3(b)(1), inserted

''or list I chemical'' after ''controlled substance'' in two

places.

Subsec. (b). Pub. L. 103-200, Sec. 3(b)(2), inserted ''or list I

chemicals'' after ''controlled substances'' and ''or chemicals''

after ''such substances''.

Subsec. (c). Pub. L. 103-200, Sec. 3(b)(3), inserted ''or list I

chemical'' after ''controlled substance'' wherever appearing.

Subsec. (e). Pub. L. 103-200, Sec. 3(b)(4), inserted ''or list I

chemicals'' after ''controlled substances''.

1984 - Subsec. (a). Pub. L. 98-473 designated existing provisions

as par. (1), struck out provisions relating to dispensing

controlled substances, and added par. (2).

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-200 effective on date that is 120 days

after Dec. 17, 1993, see section 11 of Pub. L. 103-200, set out as

a note under section 802 of this title.

PROVISIONAL REGISTRATION

Section 703 of Pub. L. 91-513, as amended by Pub. L. 99-514, Sec.

2, Oct. 22, 1986, 100 Stat. 2095, provided that:

''(a)(1) Any person who -

''(A) is engaged in manufacturing, distributing, or dispensing

any controlled substance on the day before the effective date of

section 302 (this section), and

''(B) is registered on such day under section 510 of the

Federal Food, Drug, and Cosmetic Act (section 360 of this title)

or under section 4722 of the Internal Revenue Code of 1986

(formerly I.R.C. 1954, section 4722 of Title 26),

shall, with respect to each establishment for which such

registration is in effect under any such section, be deemed to have

a provisional registration under section 303 (section 823 of this

title) for the manufacture, distribution, or dispensing (as the

case may be) of controlled substances.

''(2) During the period his provisional registration is in effect

under this section, the registration number assigned such person

under such section 510 (section 360 of this title) or under such

section 4722 (section 4722 of Title 26) (as the case may be) shall

be his registration number for purposes of section 303 of this

title (section 823 of this title).

''(b) The provisions of section 304 (section 824 of this title),

relating to suspension and revocation of registration, shall apply

to a provisional registration under this section.

''(c) Unless sooner suspended or revoked under subsection (b), a

provisional registration of a person under subsection (a)(1) of

this section shall be in effect until -

''(1) the date on which such person has registered with the

Attorney General under section 303 (section 823 of this title) or

has had his registration denied under such section, or

''(2) such date as may be prescribed by the Attorney General

for registration of manufacturers, distributors, or dispensers,

as the case may be,

whichever occurs first.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 827, 828, 880, 958, 965

of this title; title 18 section 2118.

-CITE-

21 USC Sec. 823 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part C - Registration of Manufacturers, Distributors, and

Dispensers of Controlled Substances

-HEAD-

Sec. 823. Registration requirements

-STATUTE-

(a) Manufacturers of controlled substances in schedule I or II

The Attorney General shall register an applicant to manufacture

controlled substances in schedule I or II if he determines that

such registration is consistent with the public interest and with

United States obligations under international treaties,

conventions, or protocols in effect on May 1, 1971. In determining

the public interest, the following factors shall be considered:

(1) maintenance of effective controls against diversion of

particular controlled substances and any controlled substance in

schedule I or II compounded therefrom into other than legitimate

medical, scientific, research, or industrial channels, by

limiting the importation and bulk manufacture of such controlled

substances to a number of establishments which can produce an

adequate and uninterrupted supply of these substances under

adequately competitive conditions for legitimate medical,

scientific, research, and industrial purposes;

(2) compliance with applicable State and local law;

(3) promotion of technical advances in the art of manufacturing

these substances and the development of new substances;

(4) prior conviction record of applicant under Federal and

State laws relating to the manufacture, distribution, or

dispensing of such substances;

(5) past experience in the manufacture of controlled

substances, and the existence in the establishment of effective

control against diversion; and

(6) such other factors as may be relevant to and consistent

with the public health and safety.

(b) Distributors of controlled substances in schedule I or II

The Attorney General shall register an applicant to distribute a

controlled substance in schedule I or II unless he determines that

the issuance of such registration is inconsistent with the public

interest. In determining the public interest, the following

factors shall be considered:

(1) maintenance of effective control against diversion of

particular controlled substances into other than legitimate

medical, scientific, and industrial channels;

(2) compliance with applicable State and local law;

(3) prior conviction record of applicant under Federal or State

laws relating to the manufacture, distribution, or dispensing of

such substances;

(4) past experience in the distribution of controlled

substances; and

(5) such other factors as may be relevant to and consistent

with the public health and safety.

Registration granted under subsections (a) and (b) of this

section shall not entitle a registrant to (1) manufacture or

distribute controlled substances in schedule I or II other than

those specified in the registration, or (2) manufacture any

quantity of those controlled substances in excess of the quota

assigned pursuant to section 826 of this title.

(d) Manufacturers of controlled substances in schedule III, IV, or

The Attorney General shall register an applicant to manufacture

controlled substances in schedule III, IV, or V, unless he

determines that the issuance of such registration is inconsistent

with the public interest. In determining the public interest, the

following factors shall be considered:

(1) maintenance of effective controls against diversion of

particular controlled substances and any controlled substance in

schedule III, IV, or V compounded therefrom into other than

legitimate medical, scientific, or industrial channels;

(2) compliance with applicable State and local law;

(3) promotion of technical advances in the art of manufacturing

these substances and the development of new substances;

(4) prior conviction record of applicant under Federal or State

laws relating to the manufacture, distribution, or dispensing of

such substances;

(5) past experience in the manufacture, distribution, and

dispensing of controlled substances, and the existence in the

establishment of effective controls against diversion; and

(6) such other factors as may be relevant to and consistent

with the public health and safety.

(e) Distributors of controlled substances in schedule III, IV, or V

The Attorney General shall register an applicant to distribute

controlled substances in schedule III, IV, or V, unless he

determines that the issuance of such registration is inconsistent

with the public interest. In determining the public interest, the

following factors shall be considered:

(1) maintenance of effective controls against diversion of

particular controlled substances into other than legitimate

medical, scientific, and industrial channels;

(2) compliance with applicable State and local law;

(3) prior conviction record of applicant under Federal or State

laws relating to the manufacture, distribution, or dispensing of

such substances;

(4) past experience in the distribution of controlled

substances; and

(5) such other factors as may be relevant to and consistent

with the public health and safety.

(f) Research by practitioners; pharmacies; research applications;

construction of Article 7 of the Convention on Psychotropic

Substances

The Attorney General shall register practitioners (including

pharmacies, as distinguished from pharmacists) to dispense, or

conduct research with, controlled substances in schedule II, III,

IV, or V, if the applicant is authorized to dispense, or conduct

research with respect to, controlled substances under the laws of

the State in which he practices. The Attorney General may deny an

application for such registration if he determines that the

issuance of such registration would be inconsistent with the public

interest. In determining the public interest, the following

factors shall be considered:

(1) The recommendation of the appropriate State licensing board

or professional disciplinary authority.

(2) The applicant's experience in dispensing, or conducting

research with respect to controlled substances.

(3) The applicant's conviction record under Federal or State

laws relating to the manufacture, distribution, or dispensing of

controlled substances.

(4) Compliance with applicable State, Federal, or local laws

relating to controlled substances.

(5) Such other conduct which may threaten the public health and

safety.

Separate registration under this part for practitioners engaging in

research with controlled substances in schedule II, III, IV, or V,

who are already registered under this part in another capacity,

shall not be required. Registration applications by practitioners

wishing to conduct research with controlled substances in schedule

I shall be referred to the Secretary, who shall determine the

qualifications and competency of each practitioner requesting

registration, as well as the merits of the research protocol. The

Secretary, in determining the merits of each research protocol,

shall consult with the Attorney General as to effective procedures

to adequately safeguard against diversion of such controlled

substances from legitimate medical or scientific use. Registration

for the purpose of bona fide research with controlled substances in

schedule I by a practitioner deemed qualified by the Secretary may

be denied by the Attorney General only on a ground specified in

section 824(a) of this title. Article 7 of the Convention on

Psychotropic Substances shall not be construed to prohibit, or

impose additional restrictions upon, research involving drugs or

other substances scheduled under the convention which is conducted

in conformity with this subsection and other applicable provisions

of this subchapter.

(g) Practitioners dispensing narcotic drugs for narcotic treatment;

annual registration; separate registration; qualifications;

waiver

(1) Except as provided in paragraph (2), practitioners who

dispense narcotic drugs to individuals for maintenance treatment or

detoxification treatment shall obtain annually a separate

registration for that purpose. The Attorney General shall register

an applicant to dispense narcotic drugs to individuals for

maintenance treatment or detoxification treatment (or both)

(A) if the applicant is a practitioner who is determined by the

Secretary to be qualified (under standards established by the

Secretary) to engage in the treatment with respect to which

registration is sought;

(B) if the Attorney General determines that the applicant will

comply with standards established by the Attorney General

respecting (i) security of stocks of narcotic drugs for such

treatment, and (ii) the maintenance of records (in accordance

with section 827 of this title) on such drugs; and

with standards established by the Secretary (after consultation

with the Attorney General) respecting the quantities of narcotic

drugs which may be provided for unsupervised use by individuals

in such treatment.

(2)(A) Subject to subparagraphs (D) and (J), the requirements of

paragraph (1) are waived in the case of the dispensing (including

the prescribing), by a practitioner, of narcotic drugs in schedule

III, IV, or V or combinations of such drugs if the practitioner

meets the conditions specified in subparagraph (B) and the narcotic

drugs or combinations of such drugs meet the conditions specified

in subparagraph (C).

(B) For purposes of subparagraph (A), the conditions specified in

this subparagraph with respect to a practitioner are that, before

the initial dispensing of narcotic drugs in schedule III, IV, or V

or combinations of such drugs to patients for maintenance or

detoxification treatment, the practitioner submit to the Secretary

a notification of the intent of the practitioner to begin

dispensing the drugs or combinations for such purpose, and that the

notification contain the following certifications by the

practitioner:

(i) The practitioner is a qualifying physician (as defined in

subparagraph (G)).

(ii) With respect to patients to whom the practitioner will

provide such drugs or combinations of drugs, the practitioner has

the capacity to refer the patients for appropriate counseling and

other appropriate ancillary services.

(iii) In any case in which the practitioner is not in a group

practice, the total number of such patients of the practitioner

at any one time will not exceed the applicable number. For

purposes of this clause, the applicable number is 30, except that

the Secretary may by regulation change such total number.

(iv) In any case in which the practitioner is in a group

practice, the total number of such patients of the group practice

at any one time will not exceed the applicable number. For

purposes of this clause, the applicable number is 30, except that

the Secretary may by regulation change such total number, and the

Secretary for such purposes may by regulation establish different

categories on the basis of the number of practitioners in a group

practice and establish for the various categories different

numerical limitations on the number of such patients that the

group practice may have.

this subparagraph with respect to narcotic drugs in schedule III,

IV, or V or combinations of such drugs are as follows:

(i) The drugs or combinations of drugs have, under the Federal

Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or section

262 of title 42, been approved for use in maintenance or

detoxification treatment.

(ii) The drugs or combinations of drugs have not been the

subject of an adverse determination. For purposes of this

clause, an adverse determination is a determination published in

the Federal Register and made by the Secretary, after

consultation with the Attorney General, that the use of the drugs

or combinations of drugs for maintenance or detoxification

treatment requires additional standards respecting the

qualifications of practitioners to provide such treatment, or

requires standards respecting the quantities of the drugs that

may be provided for unsupervised use.

(D)(i) A waiver under subparagraph (A) with respect to a

practitioner is not in effect unless (in addition to conditions

under subparagraphs (B) and (C)) the following conditions are met:

(I) The notification under subparagraph (B) is in writing and

states the name of the practitioner.

(II) The notification identifies the registration issued for

the practitioner pursuant to subsection (f) of this section.

(III) If the practitioner is a member of a group practice, the

notification states the names of the other practitioners in the

practice and identifies the registrations issued for the other

practitioners pursuant to subsection (f) of this section.

(ii) Upon receiving a notification under subparagraph (B), the

Attorney General shall assign the practitioner involved an

identification number under this paragraph for inclusion with the

registration issued for the practitioner pursuant to subsection (f)

of this section. The identification number so assigned shall be

appropriate to preserve the confidentiality of patients for whom

the practitioner has dispensed narcotic drugs under a waiver under

subparagraph (A).

(iii) Not later than 45 days after the date on which the

Secretary receives a notification under subparagraph (B), the

Secretary shall make a determination of whether the practitioner

involved meets all requirements for a waiver under subparagraph

(B). If the Secretary fails to make such determination by the end

of the such 45-day period, the Attorney General shall assign the

physician an identification number described in clause (ii) at the

end of such period.

(E)(i) If a practitioner is not registered under paragraph (1)

and, in violation of the conditions specified in subparagraphs (B)

through (D), dispenses narcotic drugs in schedule III, IV, or V or

combinations of such drugs for maintenance treatment or

detoxification treatment, the Attorney General may, for purposes of

section 824(a)(4) of this title, consider the practitioner to have

committed an act that renders the registration of the practitioner

pursuant to subsection (f) of this section to be inconsistent with

the public interest.

(ii)(I) Upon the expiration of 45 days from the date on which the

Secretary receives a notification under subparagraph (B), a

practitioner who in good faith submits a notification under

subparagraph (B) and reasonably believes that the conditions

specified in subparagraphs (B) through (D) have been met shall, in

dispensing narcotic drugs in schedule III, IV, or V or combinations

of such drugs for maintenance treatment or detoxification

treatment, be considered to have a waiver under subparagraph (A)

until notified otherwise by the Secretary, except that such a

practitioner may commence to prescribe or dispense such narcotic

drugs for such purposes prior to the expiration of such 45-day

period if it facilitates the treatment of an individual patient and

both the Secretary and the Attorney General are notified by the

practitioner of the intent to commence prescribing or dispensing

such narcotic drugs.

(II) For purposes of subclause (I), the publication in the

Federal Register of an adverse determination by the Secretary

pursuant to subparagraph (C)(ii) shall (with respect to the

narcotic drug or combination involved) be considered to be a

notification provided by the Secretary to practitioners, effective

upon the expiration of the 30-day period beginning on the date on

which the adverse determination is so published.

(F)(i) With respect to the dispensing of narcotic drugs in

schedule III, IV, or V or combinations of such drugs to patients

for maintenance or detoxification treatment, a practitioner may, in

his or her discretion, dispense such drugs or combinations for such

treatment under a registration under paragraph (1) or a waiver

under subparagraph (A) (subject to meeting the applicable

conditions).

(ii) This paragraph may not be construed as having any legal

effect on the conditions for obtaining a registration under

paragraph (1), including with respect to the number of patients who

may be served under such a registration.

(G) For purposes of this paragraph:

(i) The term ''group practice'' has the meaning given such term

in section 1395nn(h)(4) of title 42.

(ii) The term ''qualifying physician'' means a physician who is

licensed under State law and who meets one or more of the

following conditions:

(I) The physician holds a subspecialty board certification in

addiction psychiatry from the American Board of Medical

Specialties.

(II) The physician holds an addiction certification from the

American Society of Addiction Medicine.

(III) The physician holds a subspecialty board certification

in addiction medicine from the American Osteopathic

Association.

(IV) The physician has, with respect to the treatment and

management of opiate-dependent patients, completed not less

than eight hours of training (through classroom situations,

seminars at professional society meetings, electronic

communications, or otherwise) that is provided by the American

Society of Addiction Medicine, the American Academy of

Addiction Psychiatry, the American Medical Association, the

American Osteopathic Association, the American Psychiatric

Association, or any other organization that the Secretary

determines is appropriate for purposes of this subclause.

(V) The physician has participated as an investigator in one

or more clinical trials leading to the approval of a narcotic

drug in schedule III, IV, or V for maintenance or

detoxification treatment, as demonstrated by a statement

submitted to the Secretary by the sponsor of such approved

drug.

(VI) The physician has such other training or experience as

the State medical licensing board (of the State in which the

physician will provide maintenance or detoxification treatment)

considers to demonstrate the ability of the physician to treat

and manage opiate-dependent patients.

(VII) The physician has such other training or experience as

the Secretary considers to demonstrate the ability of the

physician to treat and manage opiate-dependent patients. Any

criteria of the Secretary under this subclause shall be

established by regulation. Any such criteria are effective

only for 3 years after the date on which the criteria are

promulgated, but may be extended for such additional discrete

3-year periods as the Secretary considers appropriate for

purposes of this subclause. Such an extension of criteria may

only be effectuated through a statement published in the

Federal Register by the Secretary during the 30-day period

preceding the end of the 3-year period involved.

(H)(i) In consultation with the Administrator of the Drug

Enforcement Administration, the Administrator of the Substance

Abuse and Mental Health Services Administration, the Director of

the National Institute on Drug Abuse, and the Commissioner of Food

and Drugs, the Secretary shall issue regulations (through notice

and comment rulemaking) or issue practice guidelines to address the

following:

(I) Approval of additional credentialing bodies and the

responsibilities of additional credentialing bodies.

(II) Additional exemptions from the requirements of this

paragraph and any regulations under this paragraph.

Nothing in such regulations or practice guidelines may authorize

any Federal official or employee to exercise supervision or control

over the practice of medicine or the manner in which medical

services are provided.

(ii) Not later than 120 days after October 17, 2000, the

Secretary shall issue a treatment improvement protocol containing

best practice guidelines for the treatment and maintenance of

opiate-dependent patients. The Secretary shall develop the

protocol in consultation with the Director of the National

Institute on Drug Abuse, the Administrator of the Drug Enforcement

Administration, the Commissioner of Food and Drugs, the

Administrator of the Substance Abuse and Mental Health Services

Administration and other substance abuse disorder professionals.

The protocol shall be guided by science.

(I) During the 3-year period beginning on the date of approval by

the Food and Drug Administration of a drug in schedule III, IV, or

V, a State may not preclude a practitioner from dispensing or

prescribing such drug, or combination of such drugs, to patients

for maintenance or detoxification treatment in accordance with this

paragraph unless, before the expiration of that 3-year period, the

State enacts a law prohibiting a practitioner from dispensing such

drugs or combinations of drug. (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should be ''combinations

of drugs.''.

(J)(i) This paragraph takes effect the date referred to in

subparagraph (I), and remains in effect thereafter except as

provided in clause (iii) (relating to a decision by the Secretary

or the Attorney General that this paragraph should not remain in

effect).

(ii) For purposes relating to clause (iii), the Secretary and the

Attorney General may, during the 3-year period beginning on October

17, 2000, make determinations in accordance with the following:

(I) The Secretary may make a determination of whether

treatments provided under waivers under subparagraph (A) have

been effective forms of maintenance treatment and detoxification

treatment in clinical settings; may make a determination of

whether such waivers have significantly increased (relative to

the beginning of such period) the availability of maintenance

treatment and detoxification treatment; and may make a

determination of whether such waivers have adverse consequences

for the public health.

(II) The Attorney General may make a determination of the

extent to which there have been violations of the numerical

limitations established under subparagraph (B) for the number of

individuals to whom a practitioner may provide treatment; may

make a determination of whether waivers under subparagraph (A)

have increased (relative to the beginning of such period) the

extent to which narcotic drugs in schedule III, IV, or V or

combinations of such drugs are being dispensed or possessed in

violation of this chapter; and may make a determination of

whether such waivers have adverse consequences for the public

health.

(iii) If, before the expiration of the period specified in clause

(ii), the Secretary or the Attorney General publishes in the

Federal Register a decision, made on the basis of determinations

under such clause, that this paragraph should not remain in effect,

this paragraph ceases to be in effect 60 days after the date on

which the decision is so published. The Secretary shall in making

any such decision consult with the Attorney General, and shall in

publishing the decision in the Federal Register include any

comments received from the Attorney General for inclusion in the

publication. The Attorney General shall in making any such

decision consult with the Secretary, and shall in publishing the

decision in the Federal Register include any comments received from

the Secretary for inclusion in the publication.

(h) Applicants for distribution of list I chemicals

The Attorney General shall register an applicant to distribute a

list I chemical unless the Attorney General determines that

registration of the applicant is inconsistent with the public

interest. Registration under this subsection shall not be required

for the distribution of a drug product that is exempted under

section 802(39)(A)(iv) of this title. In determining the public

interest for the purposes of this subsection, the Attorney General

shall consider -

(1) maintenance by the applicant of effective controls against

diversion of listed chemicals into other than legitimate

channels;

(2) compliance by the applicant with applicable Federal, State,

and local law;

(3) any prior conviction record of the applicant under Federal

or State laws relating to controlled substances or to chemicals

controlled under Federal or State law;

(4) any past experience of the applicant in the manufacture and

distribution of chemicals; and

(5) such other factors as are relevant to and consistent with

the public health and safety.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 303, Oct. 27, 1970, 84 Stat. 1253;

Pub. L. 93-281, Sec. 3, May 14, 1974, 88 Stat. 124; Pub. L. 95-633,

title I, Sec. 109, Nov. 10, 1978, 92 Stat. 3773; Pub. L. 98-473,

title II, Sec. 511, Oct. 12, 1984, 98 Stat. 2073; Pub. L. 103-200,

Sec. 3(c), Dec. 17, 1993, 107 Stat. 2336; Pub. L. 106-310, div. B,

title XXXV, Sec. 3502(a), Oct. 17, 2000, 114 Stat. 1222; Pub. L.

107-273, div. B, title II, Sec. 2501, Nov. 2, 2002, 116 Stat.

1803.)

-REFTEXT-

REFERENCES IN TEXT

Schedules I, II, III, IV, and V, referred to in subsecs. (a) to

(f) and (g)(2), are set out in section 812(c) of this title.

The Federal Food, Drug, and Cosmetic Act, referred to in subsec.

(g)(2)(C)(i), is act June 25, 1938, ch. 675, 52 Stat. 1040, as

amended, which is classified generally to chapter 9 (Sec. 301 et

seq.) of this title. For complete classification of this Act to

the Code, see section 301 of this title and Tables.

This chapter, referred to in subsec.(g)(2)(J)(ii)(II), was in the

original ''this Act'', meaning Pub. L. 91-513, Oct. 27, 1970, 84

Stat. 1236, as amended. For complete classification of this Act to

the Code, see Short Title note set out under section 801 of this

title and Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (g)(2)(I). Pub. L. 107-273, Sec. 2501(1), which

directed the substitution of ''on the date of approval by the Food

and Drug Administration of a drug in schedule III, IV, or V, a

State may not preclude a practitioner from dispensing or

prescribing such drug, or combination of such drugs,'' for ''on

October 17, 2000, a State may not preclude a practitioner from

dispensing or prescribing drugs in schedule III, IV, or V, or

combinations of such drugs,'', was executed by making the

substitution for the phrase which in the original began with ''on

the date of the enactment of the Drug Addiction Treatment Act of

2000,'' rather than the editorial translation ''on October 17,

2000,'' to reflect the probable intent of Congress.

Subsec. (g)(2)(J)(i). Pub. L. 107-273, Sec. 2501(2), which

directed the substitution of ''the date referred to in subparagraph

(I),'' for ''October 17, 2000,'' was executed by making the

substitution for text which in the original read ''the date of the

enactment of the Drug Addiction Treatment Act of 2000,'' rather

than the editorial translation ''October 17, 2000,'' to reflect the

probable intent of Congress.

2000 - Subsec. (g). Pub. L. 106-310 designated existing

provisions as par. (1), substituted ''Except as provided in

paragraph (2), practitioners who dispense'' for ''Practitioners who

dispense'', redesignated former pars. (1) to (3) as subpars. (A) to

(C), respectively, of par. (1) and redesignated former subpars. (A)

and (B) of former par. (2) as cls. (i) and (ii), respectively, of

subpar. (B) of par. (1), and added par. (2).

1993 - Subsec. (h). Pub. L. 103-200 added subsec. (h).

1984 - Subsec. (f). Pub. L. 98-473 amended subsec. (f) generally,

substituting provisions relating to registration authority of

Attorney General respecting dispensation or conduct of research

with controlled research, and separate authority of Secretary

respecting registration, for provisions relating to general

registration requirements respecting dispensation or conduct of

research with controlled or nonnarcotic controlled substances.

1978 - Subsec. (f). Pub. L. 95-633 inserted provision relating to

the construction of the Convention on Psychotropic Substances.

1974 - Subsec. (g). Pub. L. 93-281 added subsec. (g).

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-200 effective on date that is 120 days

after Dec. 17, 1993, see section 11 of Pub. L. 103-200, set out as

a note under section 802 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-633 effective on date the Convention on

Psychotropic Substances enters into force in the United States

(July 15, 1980), see section 112 of Pub. L. 95-633, set out as an

Effective Date note under section 801a of this title.

PROVISIONAL REGISTRATION

For provisional registration of persons engaged in manufacturing,

distributing, or dispensing of controlled substances on the day

before the effective date of section 822 of this title who are

registered on such date under section 360 of this title or section

4722 of Title 26, Internal Revenue Code, see section 703 of Pub. L.

91-513, set out as a note under section 822 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 824, 827, 828, 844, 880,

952, 958, 965 of this title.

-CITE-

21 USC Sec. 824 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part C - Registration of Manufacturers, Distributors, and

Dispensers of Controlled Substances

-HEAD-

Sec. 824. Denial, revocation, or suspension of registration

-STATUTE-

(a) Grounds

A registration pursuant to section 823 of this title to

manufacture, distribute, or dispense a controlled substance or a

list I chemical may be suspended or revoked by the Attorney General

upon a finding that the registrant -

(1) has materially falsified any application filed pursuant to

or required by this subchapter or subchapter II of this chapter;

(2) has been convicted of a felony under this subchapter or

subchapter II of this chapter or any other law of the United

States, or of any State, relating to any substance defined in

this subchapter as a controlled substance or a list I chemical;

(3) has had his State license or registration suspended,

revoked, or denied by competent State authority and is no longer

authorized by State law to engage in the manufacturing,

distribution, or dispensing of controlled substances or list I

chemicals or has had the suspension, revocation, or denial of his

registration recommended by competent State authority;

(4) has committed such acts as would render his registration

under section 823 of this title inconsistent with the public

interest as determined under such section; or

(5) has been excluded (or directed to be excluded) from

participation in a program pursuant to section 1320a-7(a) of

title 42.

A registration pursuant to section 823(g)(1) of this title to

dispense a narcotic drug for maintenance treatment or

detoxification treatment may be suspended or revoked by the

Attorney General upon a finding that the registrant has failed to

comply with any standard referred to in section 823(g)(1) of this

title.

(b) Limits of revocation or suspension

The Attorney General may limit revocation or suspension of a

registration to the particular controlled substance or list I

chemical with respect to which grounds for revocation or suspension

exist.

Before taking action pursuant to this section, or pursuant to a

denial of registration under section 823 of this title, the

Attorney General shall serve upon the applicant or registrant an

order to show cause why registration should not be denied, revoked,

or suspended. The order to show cause shall contain a statement of

the basis thereof and shall call upon the applicant or registrant

to appear before the Attorney General at a time and place stated in

the order, but in no event less than thirty days after the date of

receipt of the order. Proceedings to deny, revoke, or suspend

shall be conducted pursuant to this section in accordance with

subchapter II of chapter 5 of title 5. Such proceedings shall be

independent of, and not in lieu of, criminal prosecutions or other

proceedings under this subchapter or any other law of the United

States.

(d) Suspension of registration in cases of imminent danger

The Attorney General may, in his discretion, suspend any

registration simultaneously with the institution of proceedings

under this section, in cases where he finds that there is an

imminent danger to the public health or safety. A failure to

comply with a standard referred to in section 823(g)(1) of this

title may be treated under this subsection as grounds for immediate

suspension of a registration granted under such section. A

suspension under this subsection shall continue in effect until the

conclusion of such proceedings, including judicial review thereof,

unless sooner withdrawn by the Attorney General or dissolved by a

court of competent jurisdiction.

(e) Suspension and revocation of quotas

The suspension or revocation of a registration under this section

shall operate to suspend or revoke any quota applicable under

section 826 of this title.

(f) Disposition of controlled substances or list I chemicals

In the event the Attorney General suspends or revokes a

registration granted under section 823 of this title, all

controlled substances or list I chemicals owned or possessed by the

registrant pursuant to such registration at the time of suspension

or the effective date of the revocation order, as the case may be,

may, in the discretion of the Attorney General, be placed under

seal. No disposition may be made of any controlled substances or

list I chemicals under seal until the time for taking an appeal has

elapsed or until all appeals have been concluded except that a

court, upon application therefor, may at any time order the sale of

perishable controlled substances or list I chemicals. Any such

order shall require the deposit of the proceeds of the sale with

the court. Upon a revocation order becoming final, all such

controlled substances or list I chemicals (or proceeds of sale

deposited in court) shall be forfeited to the United States; and

the Attorney General shall dispose of such controlled substances or

list I chemicals in accordance with section 881(e) of this title.

All right, title, and interest in such controlled substances or

list I chemicals shall vest in the United States upon a revocation

order becoming final.

(g) Seizure or placement under seal of controlled substances or

list I chemicals

The Attorney General may, in his discretion, seize or place under

seal any controlled substances or list I chemicals owned or

possessed by a registrant whose registration has expired or who has

ceased to practice or do business in the manner contemplated by his

registration. Such controlled substances or list I chemicals shall

be held for the benefit of the registrant, or his successor in

interest. The Attorney General shall notify a registrant, or his

successor in interest, who has any controlled substance or list I

chemical seized or placed under seal of the procedures to be

followed to secure the return of the controlled substance or list I

chemical and the conditions under which it will be returned. The

Attorney General may not dispose of any controlled substance or

list I chemical seized or placed under seal under this subsection

until the expiration of one hundred and eighty days from the date

such substance or chemical was seized or placed under seal.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 304, Oct. 27, 1970, 84 Stat. 1255;

Pub. L. 93-281, Sec. 4, May 14, 1974, 88 Stat. 125; Pub. L. 98-473,

title II, Sec. 304, 512, 513, Oct. 12, 1984, 98 Stat. 2050, 2073;

Pub. L. 100-93, Sec. 8(j), Aug. 18, 1987, 101 Stat. 695; Pub. L.

103-200, Sec. 3(d), Dec. 17, 1993, 107 Stat. 2337; Pub. L. 103-322,

title XXXIII, Sec. 330024(e), Sept. 13, 1994, 108 Stat. 2151; Pub.

L. 106-310, div. B, title XXXV, Sec. 3502(b), Oct. 17, 2000, 114

Stat. 1227.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in subsec. (a)(1), (2), was in the

original ''this title'', meaning title II of Pub. L. 91-513, Oct.

27, 1970, 84 Stat. 1242, as amended, 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.

Subchapter II of this chapter, referred to in subsec. (a)(1),

(2), 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.

-MISC2-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-310, Sec. 3502(b)(1), substituted

''section 823(g)(1) of this title'' for ''section 823(g) of this

title'' in two places in concluding provisions.

Subsec. (d). Pub. L. 106-310, Sec. 3502(b)(2), substituted

''section 823(g)(1) of this title'' for ''section 823(g) of this

title''.

1994 - Subsec. (g). Pub. L. 103-322 inserted ''or chemical''

after ''such substance'' in last sentence.

1993 - Subsec. (a). Pub. L. 103-200, Sec. 3(d)(1), inserted ''or

a list I chemical'' after ''controlled substance'' in introductory

provisions and par. (2) and inserted ''or list I chemicals'' after

''controlled substances'' in par. (3).

Subsec. (b). Pub. L. 103-200, Sec. 3(d)(2), inserted ''or list I

chemical'' after ''controlled substance''.

Subsec. (f). Pub. L. 103-200, Sec. 3(d)(3), inserted ''or list I

chemicals'' after ''controlled substances'' wherever appearing.

Subsec. (g). Pub. L. 103-200, Sec. 3(d)(4), inserted ''or list I

chemicals'' after ''controlled substances'' in two places and ''or

list I chemical'' after ''controlled substance'' wherever

appearing.

1987 - Subsec. (a)(5). Pub. L. 100-93 added par. (5).

1984 - Subsec. (a)(3). Pub. L. 98-473, Sec. 512(1), inserted

provisions relating to suspension, etc., recommended by competent

State authority.

Subsec. (a)(4). Pub. L. 98-473, Sec. 512(2), added par. (4).

Subsec. (f). Pub. L. 98-473, Sec. 304, inserted provisions

relating to vesting of right, title, and interest in the United

States.

Subsec. (g). Pub. L. 98-473, Sec. 513, added subsec. (g).

1974 - Subsec. (a). Pub. L. 93-281, Sec. 4(a), provided for

revocation or suspension of a registration pursuant to section

823(g) of this title for failure of a registrant to comply with

standards referred to in such section 823(g).

Subsec. (d). Pub. L. 93-281, Sec. 4(b), substituted ''A

suspension under this subsection'' for ''Such suspension'' in third

sentence.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-322 effective 120 days after Dec. 17,

1993, see section 330024(f) of Pub. L. 103-322, set out as a note

under section 802 of this title.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-200 effective on date that is 120 days

after Dec. 17, 1993, see section 11 of Pub. L. 103-200, set out as

a note under section 802 of this title.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-93 effective at end of fourteen-day

period beginning Aug. 18, 1987, and inapplicable to administrative

proceedings commenced before end of such period, see section 15(a)

of Pub. L. 100-93, set out as a note under section 1320a-7 of Title

42, The Public Health and Welfare.

PROVISIONAL REGISTRATION

Applicability of this section to provisional registrations, see

section 703 of Pub. L. 91-513, set out as a note under section 822

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 823, 842 of this title;

title 42 sections 1320a-7, 11152.

-CITE-

21 USC Sec. 825 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part C - Registration of Manufacturers, Distributors, and

Dispensers of Controlled Substances

-HEAD-

Sec. 825. Labeling and packaging

-STATUTE-

(a) Symbol

It shall be unlawful to distribute a controlled substance in a

commercial container unless such container, when and as required by

regulations of the Attorney General, bears a label (as defined in

section 321(k) of this title) containing an identifying symbol for

such substance in accordance with such regulations. A different

symbol shall be required for each schedule of controlled

substances.

(b) Unlawful distribution without identifying symbol

It shall be unlawful for the manufacturer of any controlled

substance to distribute such substance unless the labeling (as

defined in section 321(m) of this title) of such substance

contains, when and as required by regulations of the Attorney

General, the identifying symbol required under subsection (a) of

this section.

The Secretary shall prescribe regulations under section 353(b) of

this title which shall provide that the label of a drug listed in

schedule II, III, or IV shall, when dispensed to or for a patient,

contain a clear, concise warning that it is a crime to transfer the

drug to any person other than the patient.

(d) Containers to be securely sealed

It shall be unlawful to distribute controlled substances in

schedule I or II, and narcotic drugs in schedule III or IV, unless

the bottle or other container, stopper, covering, or wrapper

thereof is securely sealed as required by regulations of the

Attorney General.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 305, Oct. 27, 1970, 84 Stat. 1256.)

-REFTEXT-

REFERENCES IN TEXT

Schedules I, II, III, and IV, referred to in subsecs. (c) and

(d), are set out in section 812(c) of this title.

-MISC2-

EFFECTIVE DATE

Section effective on first day of seventh calendar month that

begins after Oct. 26, 1970, but with Attorney General authorized to

postpone such effective date for such period as he might determine

to be necessary for the efficient administration of this

subchapter, see section 704(c) of Pub. L. 91-513, set out as a note

under section 801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 842, 958 of this title.

-CITE-

21 USC Sec. 826 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part C - Registration of Manufacturers, Distributors, and

Dispensers of Controlled Substances

-HEAD-

Sec. 826. Production quotas for controlled substances

-STATUTE-

(a) Establishment of total annual needs

The Attorney General shall determine the total quantity and

establish production quotas for each basic class of controlled

substance in schedules I and II to be manufactured each calendar

year to provide for the estimated medical, scientific, research,

and industrial needs of the United States, for lawful export

requirements, and for the establishment and maintenance of reserve

stocks. Production quotas shall be established in terms of

quantities of each basic class of controlled substance and not in

terms of individual pharmaceutical dosage forms prepared from or

containing such a controlled substance.

(b) Individual production quotas; revised quotas

The Attorney General shall limit or reduce individual production

quotas to the extent necessary to prevent the aggregate of

individual quotas from exceeding the amount determined necessary

each year by the Attorney General under subsection (a) of this

section. The quota of each registered manufacturer for each basic

class of controlled substance in schedule I or II shall be revised

in the same proportion as the limitation or reduction of the

aggregate of the quotas. However, if any registrant, before the

issuance of a limitation or reduction in quota, has manufactured in

excess of his revised quota, the amount of the excess shall be

subtracted from his quota for the following year.

On or before October 1 of each year, upon application therefor by

a registered manufacturer, the Attorney General shall fix a

manufacturing quota for the basic classes of controlled substances

in schedules I and II that the manufacturer seeks to produce. The

quota shall be subject to the provisions of subsections (a) and (b)

of this section. In fixing such quotas, the Attorney General shall

determine the manufacturer's estimated disposal, inventory, and

other requirements for the calendar year; and, in making his

determination, the Attorney General shall consider the

manufacturer's current rate of disposal, the trend of the national

disposal rate during the preceding calendar year, the

manufacturer's production cycle and inventory position, the

economic availability of raw materials, yield and stability

problems, emergencies such as strikes and fires, and other factors.

(d) Quotas for registrants who have not manufactured controlled

substance during one or more preceding years

The Attorney General shall, upon application and subject to the

provisions of subsections (a) and (b) of this section, fix a quota

for a basic class of controlled substance in schedule I or II for

any registrant who has not manufactured that basic class of

controlled substance during one or more preceding calendar years.

In fixing such quota, the Attorney General shall take into account

the registrant's reasonably anticipated requirements for the

current year; and, in making his determination of such

requirements, he shall consider such factors specified in

subsection (c) of this section as may be relevant.

(e) Quota increases

At any time during the year any registrant who has applied for or

received a manufacturing quota for a basic class of controlled

substance in schedule I or II may apply for an increase in that

quota to meet his estimated disposal, inventory, and other

requirements during the remainder of that year. In passing upon

the application the Attorney General shall take into consideration

any occurrences since the filing of the registrant's initial quota

application that may require an increased manufacturing rate by the

registrant during the balance of the year. In passing upon the

application the Attorney General may also take into account the

amount, if any, by which the determination of the Attorney General

under subsection (a) of this section exceeds the aggregate of the

quotas of all registrants under this section.

(f) Incidental production exception

Notwithstanding any other provisions of this subchapter, no

registration or quota may be required for the manufacture of such

quantities of controlled substances in schedules I and II as

incidentally and necessarily result from the manufacturing process

used for the manufacture of a controlled substance with respect to

which its manufacturer is duly registered under this subchapter.

The Attorney General may, by regulation, prescribe restrictions on

the retention and disposal of such incidentally produced

substances.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 306, Oct. 27, 1970, 84 Stat. 1257;

Pub. L. 94-273, Sec. 3(16), Apr. 21, 1976, 90 Stat. 377.)

-REFTEXT-

REFERENCES IN TEXT

Schedules I and II, referred to in text, are set out in section

812(c) of this title.

-MISC2-

AMENDMENTS

1976 - Subsec. (c). Pub. L. 94-273 substituted ''October'' for

''July''.

EFFECTIVE DATE

Section effective on first day of seventh calendar month that

begins after Oct. 26, 1970, but with Attorney General authorized to

postpone such effective date for such period as he might determine

to be necessary for the efficient administration of this

subchapter, see section 704(c) of Pub. L. 91-513, set out as a note

under section 801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 823, 824, 842 of this

title.

-CITE-

21 USC Sec. 827 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part C - Registration of Manufacturers, Distributors, and

Dispensers of Controlled Substances

-HEAD-

Sec. 827. Records and reports of registrants

-STATUTE-

(a) Inventory

Except as provided in subsection (c) of this section -

(1) every registrant under this subchapter shall, on May 1,

1971, or as soon thereafter as such registrant first engages in

the manufacture, distribution, or dispensing of controlled

substances, and every second year thereafter, make a complete and

accurate record of all stocks thereof on hand, except that the

regulations prescribed under this section shall permit each such

biennial inventory (following the initial inventory required by

this paragraph) to be prepared on such registrant's regular

general physical inventory date (if any) which is nearest to and

does not vary by more than six months from the biennial date that

would otherwise apply;

(2) on the effective date of each regulation of the Attorney

General controlling a substance that immediately prior to such

date was not a controlled substance, each registrant under this

subchapter manufacturing, distributing, or dispensing such

substance shall make a complete and accurate record of all stocks

thereof on hand; and

(3) on and after May 1, 1971, every registrant under this

subchapter manufacturing, distributing, or dispensing a

controlled substance or substances shall maintain, on a current

basis, a complete and accurate record of each such substance

manufactured, received, sold, delivered, or otherwise disposed of

by him, except that this paragraph shall not require the

maintenance of a perpetual inventory.

(b) Availability of records

Every inventory or other record required under this section (1)

shall be in accordance with, and contain such relevant information

as may be required by, regulations of the Attorney General, (2)

shall (A) be maintained separately from all other records of the

registrant, or (B) alternatively, in the case of nonnarcotic

controlled substances, be in such form that information required by

the Attorney General is readily retrievable from the ordinary

business records of the registrant, and (3) shall be kept and be

available, for at least two years, for inspection and copying by

officers or employees of the United States authorized by the

Attorney General.

The foregoing provisions of this section shall not apply -

(1)(A) to the prescribing of controlled substances in schedule

II, III, IV, or V by practitioners acting in the lawful course of

their professional practice unless such substance is prescribed

in the course of maintenance or detoxification treatment of an

individual; or

(B) to the administering of a controlled substance in schedule

II, III, IV, or V unless the practitioner regularly engages in

the dispensing or administering of controlled substances and

charges his patients, either separately or together with charges

for other professional services, for substances so dispensed or

administered or unless such substance is administered in the

course of maintenance treatment or detoxification treatment of an

individual;

(2)(A) to the use of controlled substances, at establishments

registered under this subchapter which keep records with respect

to such substances, in research conducted in conformity with an

exemption granted under section 355(i) or 360b(j) of this title;

(B) to the use of controlled substances, at establishments

registered under this subchapter which keep records with respect

to such substances, in preclinical research or in teaching; or

(3) to the extent of any exemption granted to any person, with

respect to all or part of such provisions, by the Attorney

General by or pursuant to regulation on the basis of a finding

that the application of such provisions (or part thereof) to such

person is not necessary for carrying out the purposes of this

subchapter.

Nothing in the Convention on Psychotropic Substances shall be

construed as superseding or otherwise affecting the provisions of

paragraph (1)(B), (2), or (3) of this subsection.

(d) Periodic reports to Attorney General

Every manufacturer registered under section 823 of this title

shall, at such time or times and in such form as the Attorney

General may require, make periodic reports to the Attorney General

of every sale, delivery or other disposal by him of any controlled

substance, and each distributor shall make such reports with

respect to narcotic controlled substances, identifying by the

registration number assigned under this subchapter the person or

establishment (unless exempt from registration under section 822(d)

of this title) to whom such sale, delivery, or other disposal was

made.

(e) Reporting and recordkeeping requirements of drug conventions

In addition to the reporting and recordkeeping requirements under

any other provision of this subchapter, each manufacturer

registered under section 823 of this title shall, with respect to

narcotic and nonnarcotic controlled substances manufactured by it,

make such reports to the Attorney General, and maintain such

records, as the Attorney General may require to enable the United

States to meet its obligations under articles 19 and 20 of the

Single Convention on Narcotic Drugs and article 16 of the

Convention on Psychotropic Substances. The Attorney General shall

administer the requirements of this subsection in such a manner as

to avoid the unnecessary imposition of duplicative requirements

under this subchapter on manufacturers subject to the requirements

of this subsection.

(f) Investigational uses of drugs; procedures

Regulations under sections 355(i) and 360(j) of this title,

relating to investigational use of drugs, shall include such

procedures as the Secretary, after consultation with the Attorney

General, determines are necessary to insure the security and

accountability of controlled substances used in research to which

such regulations apply.

(g) Change of address

Every registrant under this subchapter shall be required to

report any change of professional or business address in such

manner as the Attorney General shall by regulation require.

(h) Reporting requirements for GHB

In the case of a drug product containing gamma hydroxybutyric

acid for which an application has been approved under section 355

of this title, the Attorney General may, in addition to any other

requirements that apply under this section with respect to such a

drug product, establish any of the following as reporting

requirements:

(1) That every person who is registered as a manufacturer of

bulk or dosage form, as a packager, repackager, labeler,

relabeler, or distributor shall report acquisition and

distribution transactions quarterly, not later than the 15th day

of the month succeeding the quarter for which the report is

submitted, and annually report end-of-year inventories.

(2) That all annual inventory reports shall be filed no later

than January 15 of the year following that for which the report

is submitted and include data on the stocks of the drug product,

drug substance, bulk drug, and dosage forms on hand as of the

close of business December 31, indicating whether materials

reported are in storage or in process of manufacturing.

(3) That every person who is registered as a manufacturer of

bulk or dosage form shall report all manufacturing transactions

both inventory increases, including purchases, transfers, and

returns, and reductions from inventory, including sales,

transfers, theft, destruction, and seizure, and shall provide

data on material manufactured, manufactured from other material,

use in manufacturing other material, and use in manufacturing

dosage forms.

(4) That all reports under this section must include the

registered person's registration number as well as the

registration numbers, names, and other identifying information of

vendors, suppliers, and customers, sufficient to allow the

Attorney General to track the receipt and distribution of the

drug.

(5) That each dispensing practitioner shall maintain for each

prescription the name of the prescribing practitioner, the

prescribing practitioner's Federal and State registration

numbers, with the expiration dates of these registrations,

verification that the prescribing practitioner possesses the

appropriate registration to prescribe this controlled substance,

the patient's name and address, the name of the patient's

insurance provider and documentation by a medical practitioner

licensed and registered to prescribe the drug of the patient's

medical need for the drug. Such information shall be available

for inspection and copying by the Attorney General.

(6) That section 830(b)(3) of this title (relating to mail

order reporting) applies with respect to gamma hydroxybutyric

acid to the same extent and in the same manner as such section

applies with respect to the chemicals and drug products specified

in subparagraph (A)(i) of such section.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 307, Oct. 27, 1970, 84 Stat. 1258;

Pub. L. 93-281, Sec. 5, May 14, 1974, 88 Stat. 125; Pub. L. 95-633,

title I, Sec. 104, 110, Nov. 10, 1978, 92 Stat. 3772, 3773; Pub. L.

98-473, title II, Sec. 514, 515, Oct. 12, 1984, 98 Stat. 2074; Pub.

L. 106-172, Sec. 4, Feb. 18, 2000, 114 Stat. 9.)

-REFTEXT-

REFERENCES IN TEXT

Schedules II, III, IV, and V, referred to in subsec. (c), are set

out in section 812(c) of this title.

-MISC2-

AMENDMENTS

2000 - Subsec. (h). Pub. L. 106-172 added subsec. (h).

1984 - Subsec. (c)(1)(A). Pub. L. 98-473, Sec. 514(a),

substituted ''to the prescribing of controlled substances in

schedule II, III, IV, or V by practitioners acting in the lawful

course of their professional practice unless such substance is

prescribed in the course of maintenance or detoxification treatment

of an individual'' for ''with respect to any narcotic controlled

substance in schedule II, III, IV, or V, to the prescribing or

administering of such substance by a practitioner in the lawful

course of his professional practice unless such substance was

prescribed or administered in the course of maintenance treatment

or detoxification treatment of an individual''.

Subsec. (c)(1)(B). Pub. L. 98-473, Sec. 514(b), substituted ''to

the administering of a controlled substance in schedule II, III,

IV, or V unless the practitioner regularly engages in the

dispensing or administering of controlled substances and charges

his patients, either separately or together with charges for other

professional services, for substances so dispensed or administered

or unless such substance is administered in the course of

maintenance treatment or detoxification treatment of an

individual'' for ''with respect to nonnarcotic controlled

substances in schedule II, III, IV, or V, to any practitioner who

dispenses such substances to his patients, unless the practitioner

is regularly engaged in charging his patients, either separately or

together with charges for other professional services, for

substances so dispensed''.

Subsec. (g). Pub. L. 98-473, Sec. 515, added subsec. (g).

1978 - Subsec. (c). Pub. L. 95-633, Sec. 110, inserted provision

following par. (3) relating to the construction of the Convention

on Psychotropic Substances.

Subsecs. (e), (f). Pub. L. 95-633 added subsec. (e) and

redesignated former subsec. (e) as (f).

1974 - Subsec. (c)(1)(A). Pub. L. 93-281 substituted ''any

narcotic controlled substance'' for ''narcotic controlled

substances'' and made section applicable to any narcotic controlled

substance prescribed or administered in the course of maintenance

treatment or detoxification treatment of an individual.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-633 effective on date the Convention on

Psychotropic Substances enters into force in the United States

(July 15, 1980), see section 112 of Pub. L. 95-633, set out as an

Effective Date note under section 801a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 823, 829, 902, 958 of

this title.

-CITE-

21 USC Sec. 828 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part C - Registration of Manufacturers, Distributors, and

Dispensers of Controlled Substances

-HEAD-

Sec. 828. Order forms

-STATUTE-

(a) Unlawful distribution of controlled substances

It shall be unlawful for any person to distribute a controlled

substance in schedule I or II to another except in pursuance of a

written order of the person to whom such substance is distributed,

made on a form to be issued by the Attorney General in blank in

accordance with subsection (d) of this section and regulations

prescribed by him pursuant to this section.

(b) Nonapplicability of provisions

Nothing in subsection (a) of this section shall apply to -

(1) the exportation of such substances from the United States

in conformity with subchapter II of this chapter;

(2) the delivery of such a substance to or by a common or

contract carrier for carriage in the lawful and usual course of

its business, or to or by a warehouseman for storage in the

lawful and usual course of its business; but where such carriage

or storage is in connection with the distribution by the owner of

the substance to a third person, this paragraph shall not relieve

the distributor from compliance with subsection (a) of this

section.

(1) Every person who in pursuance of an order required under

subsection (a) of this section distributes a controlled substance

shall preserve such order for a period of two years, and shall make

such order available for inspection and copying by officers and

employees of the United States duly authorized for that purpose by

the Attorney General, and by officers or employees of States or

their political subdivisions who are charged with the enforcement

of State or local laws regulating the production, or regulating the

distribution or dispensing, of controlled substances and who are

authorized under such laws to inspect such orders.

(2) Every person who gives an order required under subsection (a)

of this section shall, at or before the time of giving such order,

make or cause to be made a duplicate thereof on a form to be issued

by the Attorney General in blank in accordance with subsection (d)

of this section and regulations prescribed by him pursuant to this

section, and shall, if such order is accepted, preserve such

duplicate for a period of two years and make it available for

inspection and copying by the officers and employees mentioned in

paragraph (1) of this subsection.

(d) Issuance

(1) The Attorney General shall issue forms pursuant to

subsections (a) and (c)(2) of this section only to persons validly

registered under section 823 of this title (or exempted from

registration under section 822(d) of this title). Whenever any

such form is issued to a person, the Attorney General shall, before

delivery thereof, insert therein the name of such person, and it

shall be unlawful for any other person (A) to use such form for the

purpose of obtaining controlled substances or (B) to furnish such

form to any person with intent thereby to procure the distribution

of such substances.

(2) The Attorney General may charge reasonable fees for the

issuance of such forms in such amounts as he may prescribe for the

purpose of covering the cost to the United States of issuing such

forms, and other necessary activities in connection therewith.

(e) Unlawful acts

It shall be unlawful for any person to obtain by means of order

forms issued under this section controlled substances for any

purpose other than their use, distribution, dispensing, or

administration in the conduct of a lawful business in such

substances or in the course of his professional practice or

research.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 308, Oct. 27, 1970, 84 Stat. 1259.)

-REFTEXT-

REFERENCES IN TEXT

Schedules I and II, referred to in subsec. (a), are set out in

section 812(c) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 843 of this title.

-CITE-

21 USC Sec. 829 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part C - Registration of Manufacturers, Distributors, and

Dispensers of Controlled Substances

-HEAD-

Sec. 829. Prescriptions

-STATUTE-

(a) Schedule II substances

Except when dispensed directly by a practitioner, other than a

pharmacist, to an ultimate user, no controlled substance in

schedule II, which is a prescription drug as determined under the

Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), may

be dispensed without the written prescription of a practitioner,

except that in emergency situations, as prescribed by the Secretary

by regulation after consultation with the Attorney General, such

drug may be dispensed upon oral prescription in accordance with

section 503(b) of that Act (21 U.S.C. 353(b)). Prescriptions shall

be retained in conformity with the requirements of section 827 of

this title. No prescription for a controlled substance in schedule

II may be refilled.

(b) Schedule III and IV substances

Except when dispensed directly by a practitioner, other than a

pharmacist, to an ultimate user, no controlled substance in

schedule III or IV, which is a prescription drug as determined

under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et

seq.), may be dispensed without a written or oral prescription in

conformity with section 503(b) of that Act (21 U.S.C. 353(b)). Such

prescriptions may not be filled or refilled more than six months

after the date thereof or be refilled more than five times after

the date of the prescription unless renewed by the practitioner.

No controlled substance in schedule V which is a drug may be

distributed or dispensed other than for a medical purpose.

(d) Non-prescription drugs with abuse potential

Whenever it appears to the Attorney General that a drug not

considered to be a prescription drug under the Federal Food, Drug,

and Cosmetic Act (21 U.S.C. 301 et seq.) should be so considered

because of its abuse potential, he shall so advise the Secretary

and furnish to him all available data relevant thereto.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 309, Oct. 27, 1970, 84 Stat. 1260.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Food, Drug, and Cosmetic Act, referred to in subsecs.

(a), (b), and (d), is act June 25, 1938, ch. 675, 52 Stat. 1040, as

amended, which is classified generally to chapter 9 (Sec. 301 et

seq.) of this title. For complete classification of this Act to

the Code, see section 301 of this title and Tables.

Schedules II, III, IV, and V, referred to in subsecs. (a) to (c),

are set out in section 812(c) of this title.

-MISC2-

EFFECT OF SCHEDULING ON PRESCRIPTIONS

Pub. L. 101-647, title XIX, Sec. 1902(c), Nov. 29, 1990, 104

Stat. 4852, provided that: ''Any prescription for anabolic steroids

subject to refill on or after the date of enactment of the

amendments made by this section (Nov. 29, 1990) may be refilled

without restriction under section 309(a) of the Controlled

Substances Act (21 U.S.C. 829(a)).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 842, 902 of this title.

-CITE-

21 USC Sec. 830 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part C - Registration of Manufacturers, Distributors, and

Dispensers of Controlled Substances

-HEAD-

Sec. 830. Regulation of listed chemicals and certain machines

-STATUTE-

(a) Record of regulated transactions

(1) Each regulated person who engages in a regulated transaction

involving a listed chemical, a tableting machine, or an

encapsulating machine shall keep a record of the transaction for

two years after the date of the transaction.

(2) A record under this subsection shall be retrievable and shall

include the date of the regulated transaction, the identity of each

party to the regulated transaction, a statement of the quantity and

form of the listed chemical, a description of the tableting machine

or encapsulating machine, and a description of the method of

transfer. Such record shall be available for inspection and

copying by the Attorney General.

(3) It is the duty of each regulated person who engages in a

regulated transaction to identify each other party to the

transaction. It is the duty of such other party to present proof

of identity to the regulated person. The Attorney General shall

specify by regulation the types of documents and other evidence

that constitute proof of identity for purposes of this paragraph.

(b) Reports to Attorney General

(1) Each regulated person shall report to the Attorney General,

in such form and manner as the Attorney General shall prescribe by

regulation -

(A) any regulated transaction involving an extraordinary

quantity of a listed chemical, an uncommon method of payment or

delivery, or any other circumstance that the regulated person

believes may indicate that the listed chemical will be used in

violation of this subchapter;

(B) any proposed regulated transaction with a person whose

description or other identifying characteristic the Attorney

General furnishes in advance to the regulated person;

chemical under the control of the regulated person; and

(D) any regulated transaction in a tableting machine or an

encapsulating machine.

Each report under subparagraph (A) shall be made at the earliest

practicable opportunity after the regulated person becomes aware of

the circumstance involved. A regulated person may not complete a

transaction with a person whose description or identifying

characteristic is furnished to the regulated person under

subparagraph (B) unless the transaction is approved by the Attorney

General. The Attorney General shall make available to regulated

persons guidance documents describing transactions and

circumstances for which reports are required under subparagraph (A)

and subparagraph (C).

(2) A regulated person that manufactures a listed chemical shall

report annually to the Attorney General, in such form and manner

and containing such specific data as the Attorney General shall

prescribe by regulation, information concerning listed chemicals

manufactured by the person. The requirement of the preceding

sentence shall not apply to the manufacture of a drug product that

is exempted under section 802(39)(A)(iv) of this title.

(3) Mail order reporting. - (A) As used in this paragraph:

(i) The term ''drug product'' means an active ingredient in

dosage form that has been approved or otherwise may be lawfully

marketed under the Food, Drug, and Cosmetic Act (21 U.S.C. 301 et

seq.) for distribution in the United States.

(ii) The term ''valid prescription'' means a prescription which

is issued for a legitimate medical purpose by an individual

practitioner licensed by law to administer and prescribe the

drugs concerned and acting in the usual course of the

practitioner's professional practice.

(B) Each regulated person who engages in a transaction with a

nonregulated person or who engages in an export transaction which -

(i) involves ephedrine, pseudoephedrine, or phenylpropanolamine

(including drug products containing these chemicals); and

(ii) uses or attempts to use the Postal Service or any private

or commercial carrier;

shall, on a monthly basis, submit a report of each such transaction

conducted during the previous month to the Attorney General in such

form, containing such data, and at such times as the Attorney

General shall establish by regulation.

(i) the name of the purchaser;

(ii) the quantity and form of the ephedrine, pseudoephedrine,

or phenylpropanolamine purchased; and

(iii) the address to which such ephedrine, pseudoephedrine, or

phenylpropanolamine was sent.

(D) Except as provided in subparagraph (E), the following

distributions to a nonregulated person, and the following export

transactions, shall not be subject to the reporting requirement in

subparagraph (B):

(i) Distributions of sample packages of drug products when such

packages contain not more than two solid dosage units or the

equivalent of two dosage units in liquid form, not to exceed 10

milliliters of liquid per package, and not more than one package

is distributed to an individual or residential address in any

30-day period.

(ii) Distributions of drug products by retail distributors that

may not include face-to-face transactions to the extent that such

distributions are consistent with the activities authorized for a

retail distributor as specified in section 802(46) of this title.

(iii) Distributions of drug products to a resident of a long

term care facility (as that term is defined in regulations

prescribed by the Attorney General) or distributions of drug

products to a long term care facility for dispensing to or for

use by a resident of that facility.

(iv) Distributions of drug products pursuant to a valid

prescription.

(v) Exports which have been reported to the Attorney General

pursuant to section 954 or 971 of this title or which are subject

to a waiver granted under section 971(e)(2) of this title.

(vi) Any quantity, method, or type of distribution or any

quantity, method, or type of distribution of a specific listed

chemical (including specific formulations or drug products) or of

a group of listed chemicals (including specific formulations or

drug products) which the Attorney General has excluded by

regulation from such reporting requirement on the basis that such

reporting is not necessary for the enforcement of this subchapter

or subchapter II of this chapter.

(E) The Attorney General may revoke any or all of the exemptions

listed in subparagraph (D) for an individual regulated person if he

finds that drug products distributed by the regulated person are

being used in violation of this subchapter or subchapter II of this

chapter. The regulated person shall be notified of the revocation,

which will be effective upon receipt by the person of such notice,

as provided in section 971(c)(1) of this title, and shall have the

right to an expedited hearing as provided in section 971(c)(2) of

this title.

non-disclosure; exceptions

(1) Except as provided in paragraph (2), any information obtained

by the Attorney General under this section which is exempt from

disclosure under section 552(a) of title 5, by reason of section

552(b)(4) of such title, is confidential and may not be disclosed

to any person.

(2) Information referred to in paragraph (1) may be disclosed

only -

(A) to an officer or employee of the United States engaged in

carrying out this subchapter, subchapter II of this chapter, or

the customs laws;

(B) when relevant in any investigation or proceeding for the

enforcement of this subchapter, subchapter II of this chapter, or

the customs laws;

States under a treaty or other international agreement; or

(D) to a State or local official or employee in conjunction

with the enforcement of controlled substances laws or chemical

control laws.

(3) The Attorney General shall -

(A) take such action as may be necessary to prevent

unauthorized disclosure of information by any person to whom such

information is disclosed under paragraph (2); and

(B) issue guidelines that limit, to the maximum extent

feasible, the disclosure of proprietary business information,

including the names or identities of United States exporters of

listed chemicals, to any person to whom such information is

disclosed under paragraph (2).

(4) Any person who is aggrieved by a disclosure of information in

violation of this section may bring a civil action against the

violator for appropriate relief.

(5) Notwithstanding paragraph (4), a civil action may not be

brought under such paragraph against investigative or law

enforcement personnel of the Drug Enforcement Administration.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 310, as added Pub. L. 95-633, title

II, Sec. 202(a), Nov. 10, 1978, 92 Stat. 3774; amended Pub. L.

100-690, title VI, Sec. 6052(a), Nov. 18, 1988, 102 Stat. 4312;

Pub. L. 103-200, Sec. 2(c), 10, Dec. 17, 1993, 107 Stat. 2336,

2341; Pub. L. 104-237, title II, Sec. 208, title IV, Sec. 402, Oct.

3, 1996, 110 Stat. 3104, 3111; Pub. L. 106-310, div. B, title

XXXVI, Sec. 3652, Oct. 17, 2000, 114 Stat. 1239.)

-REFTEXT-

REFERENCES IN TEXT

The Food, Drug, and Cosmetic Act, referred to in subsec.

(b)(3)(A)(i), probably means the Federal Food, Drug, and Cosmetic

Act, act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, which

is classified generally to chapter 9 (Sec. 301 et seq.) of this

title. For complete classification of this Act to the Code, see

section 301 of this title and Tables.

This subchapter, referred to in subsec. (b)(3)(D)(vi), (E), was

in the original ''this title'', meaning title II of Pub. L. 91-513,

Oct. 27, 1970, 84 Stat. 1242, as amended, 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.

Subchapter II of this chapter, referred to in subsecs.

(b)(3)(D)(iv), (E) and (c)(2)(A), (B), was in the original ''title

III'', meaning title III of Pub. L. 91-513, Oct. 27, 1970, 84 Stat.

1285, as amended. 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.

The customs laws, referred to in subsec. (c)(2)(A), (B), are

classified generally to Title 19, Customs Duties.

-MISC2-

AMENDMENTS

2000 - Subsec. (b)(3). Pub. L. 106-310 added subpars. (A), (D),

and (E), redesignated former subpars. (A) and (B) as (B) and (C),

respectively, and inserted ''or who engages in an export

transaction'' after ''nonregulated person'' in introductory

provisions of subpar. (B).

1996 - Subsec. (a)(1). Pub. L. 104-237, Sec. 208, substituted

''for two years after the date of the transaction.'' for the dash

after ''record of the transaction'' and struck out subpars. (A) and

(B) which read as follows:

''(A) for 4 years after the date of the transaction, if the

listed chemical is a list I chemical or if the transaction involves

a tableting machine or an encapsulating machine; and

''(B) for 2 years after the date of the transaction, if the

listed chemical is a list II chemical.''

Subsec. (b)(3). Pub. L. 104-237, Sec. 402, added par. (3).

1993 - Subsec. (a)(1). Pub. L. 103-200, Sec. 2(c)(1), substituted

''list I chemical'' for ''precursor chemical'' in subpar. (A) and

''a list II chemical'' for ''an essential chemical'' in subpar.

(B).

Subsec. (b). Pub. L. 103-200, Sec. 10, designated existing

provisions as par. (1), redesignated former pars. (1) to (4) as

subpars. (A) to (D), respectively, in concluding provisions,

substituted ''subparagraph (A)'' for ''paragraph (1)'' in two

places, ''subparagraph (B)'' for ''paragraph (2)'', and

''subparagraph (C)'' for ''paragraph (3)'', and added par. (2).

Subsec. (c)(2)(D). Pub. L. 103-200, Sec. 2(c)(2), substituted

''chemical control laws'' for ''precursor chemical laws''.

1988 - Pub. L. 100-690 amended section generally, substituting

provisions relating to regulation of listed chemicals and certain

machines for provisions relating to reporting by any person who

distributes, sells, or imports any piperidine.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-200 effective on date that is 120 days

after Dec. 17, 1993, see section 11 of Pub. L. 103-200, set out as

a note under section 802 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by 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; TIME TO SUBMIT PIPERIDINE REPORT; REQUIRED

INFORMATION

Section 203(a) of title II of Pub. L. 95-633 provided that:

''(1) Except as provided under paragraph (2), the amendments made

by this title (enacting this section and amending sections 841 to

843 of this title) shall take effect on the date of the enactment

of this Act (Nov. 10, 1978).

''(2) Any person required to submit a report under section

310(a)(1) of the Controlled Substances Act (subsec. (a)(1) of this

section) respecting a distribution, sale, or importation of

piperidine during the 90 days after the date of the enactment of

this Act (Nov. 10, 1978) may submit such report any time up to 97

days after such date of enactment.

''(3) Until otherwise provided by the Attorney General by

regulation, the information required to be reported by a person

under section 310(a)(1) of the Controlled Substances Act (as added

by section 202(a)(2) of this title) (subsec. (a)(1) of this

section) with respect to the person's distribution, sale, or

importation of piperidine shall -

''(A) be the information described in subparagraphs (A) and (B)

of such section, and

''(B) except as provided in paragraph (2) of this subsection,

be reported not later than seven days after the date of such

distribution, sale, or importation.''

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 this section effective Jan. 1, 1981.

REGULATIONS FOR PIPERIDINE REPORTING

Section 203(b) of Pub. L. 95-633 required the Attorney General to

publish proposed interim regulations for piperidine reporting under

section 830(a) of this title not later than 30 days after

enactment, and final interim regulations not later than 75 days

after enactment, such final interim regulations to be effective on

and after the ninety-first day after enactment.

REPORT TO PRESIDENT AND CONGRESS ON EFFECTIVENESS OF TITLE II OF

PUB. L. 95-633

Section 203(c) of Pub. L. 95-633 required the Attorney General to

analyze and evaluate the impact and effectiveness of the amendments

made by title II of Pub. L. 95-633, and report to the President and

Congress not later than Mar. 1, 1980.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 802, 827, 841, 842, 843,

958 of this title.

-CITE-

21 USC Part D - Offenses and Penalties 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part D - Offenses and Penalties

-HEAD-

Part D - Offenses and Penalties

-CITE-

21 USC Sec. 841 01/06/03

-EXPCITE-

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-pheny

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-pheny

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.

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 or in the case

of any controlled substance in schedule III (other than gamma

hydroxybutyric acid), or 30 milligrams of flunitrazepam, 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.

(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 3 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 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 6 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 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, such person shall be sentenced to a

term of imprisonment of not more than 2 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.

(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 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;

(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

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.

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 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.

-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, Sec. 224(a), 502, 503(b)(1), (2), Oct. 12, 1984,

98 Stat. 2030, 2068, 2070; Pub. L. 99-570, title I, Sec. 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, Sec. 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, Sec. 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.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in subsecs. (a), (b)(1) to (3),

(c)(1), (2), and (f)(1), was in the original ''this title'',

meaning title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242,

as amended, 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) to

(3), was in the original ''title III'', meaning title III of Pub.

L. 91-513, Oct. 27, 1970, 84 Stat. 1285, as amended. 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.

-MISC2-

AMENDMENTS

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, Sec. 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.

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, Sec. 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, Sec. 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, Sec. 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 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 844a, 848, 849, 859, 860,

861, 886 of this title; title 16 sections 559c, 559d; title 18

sections 36, 3553, 3599, 3663, 5032, 5038; title 28 section 994;

title 42 section 14052.

-CITE-

21 USC Sec. 842 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part D - Offenses and Penalties

-HEAD-

Sec. 842. Prohibited acts B

-STATUTE-

(a) Unlawful acts

It shall be unlawful for any person -

(1) who is subject to the requirements of part C to distribute

or dispense a controlled substance in violation of section 829 of

this title;

(2) who is a registrant to distribute or dispense a controlled

substance not authorized by his registration to another

registrant or other authorized person or to manufacture a

controlled substance not authorized by his registration;

(3) who is a registrant to distribute a controlled substance in

violation of section 825 of this title;

(4) to remove, alter, or obliterate a symbol or label required

by section 825 of this title;

(5) to refuse or negligently fail to make, keep, or furnish any

record, report, notification, declaration, order or order form,

statement, invoice, or information required under this subchapter

or subchapter II of this chapter;

(6) to refuse any entry into any premises or inspection

authorized by this subchapter or subchapter II of this chapter;

(7) to remove, break, injure, or deface a seal placed upon

controlled substances pursuant to section 824(f) or 881 of this

title or to remove or dispose of substances so placed under seal;

(8) to use, to his own advantage, or to reveal, other than to

duly authorized officers or employees of the United States, or to

the courts when relevant in any judicial proceeding under this

subchapter or subchapter II of this chapter, any information

acquired in the course of an inspection authorized by this

subchapter concerning any method or process which as a trade

secret is entitled to protection, or to use to his own advantage

or reveal (other than as authorized by section 830 of this title)

any information that is confidential under such section;

(9) who is a regulated person to engage in a regulated

transaction without obtaining the identification required by

830(a)(3) of this title. (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should be ''section

830(a)(3) of this title;''.

(10) negligently to fail to keep a record or make a report

under section 830 of this title; or

(11) to distribute a laboratory supply to a person who uses, or

attempts to use, that laboratory supply to manufacture a

controlled substance or a listed chemical, in violation of this

subchapter or subchapter II of this chapter, with reckless

disregard for the illegal uses to which such a laboratory supply

will be put.

As used in paragraph (11), the term ''laboratory supply'' means a

listed chemical or any chemical, substance, or item on a special

surveillance list published by the Attorney General, which contains

chemicals, products, materials, or equipment used in the

manufacture of controlled substances and listed chemicals. For

purposes of paragraph (11), there is a rebuttable presumption of

reckless disregard at trial if the Attorney General notifies a firm

in writing that a laboratory supply sold by the firm, or any other

person or firm, has been used by a customer of the notified firm,

or distributed further by that customer, for the unlawful

production of controlled substances or listed chemicals a firm

distributes and 2 weeks or more after the notification the notified

firm distributes a laboratory supply to the customer.

(b) Manufacture

It shall be unlawful for any person who is a registrant to

manufacture a controlled substance in schedule I or II which is -

(1) not expressly authorized by his registration and by a quota

assigned to him pursuant to section 826 of this title; or

(2) in excess of a quota assigned to him pursuant to section

826 of this title.

(1)(A) Except as provided in subparagraph (B) of this paragraph

and paragraph (2), any person who violates this section shall, with

respect to any such violation, be subject to a civil penalty of not

more than $25,000. The district courts of the United States (or,

where there is no such court in the case of any territory or

possession of the United States, then the court in such territory

or possession having the jurisdiction of a district court of the

United States in cases arising under the Constitution and laws of

the United States) shall have jurisdiction in accordance with

section 1355 of title 28 to enforce this paragraph.

(B) In the case of a violation of paragraph (5) or (10) of

subsection (a) of this section, the civil penalty shall not exceed

$10,000.

(2)(A) If a violation of this section is prosecuted by an

information or indictment which alleges that the violation was

committed knowingly and the trier of fact specifically finds that

the violation was so committed, such person shall, except as

otherwise provided in subparagraph (B) of this paragraph, be

sentenced to imprisonment of not more than one year or a fine under

title 18, or both.

(B) If a violation referred to in subparagraph (A) was committed

after one or more prior convictions of the offender for an offense

punishable under this paragraph (2), or for a crime under any other

provision of this subchapter or subchapter II of this chapter or

other law of the United States 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 2 years, a fine under title 18, or both.

subchapter or subchapter II of this chapter, any business that

violates paragraph (11) of subsection (a) of this section shall,

with respect to the first such violation, be subject to a civil

penalty of not more than $250,000, but shall not be subject to

criminal penalties under this section, and shall, for any

succeeding violation, be subject to a civil fine of not more than

$250,000 or double the last previously imposed penalty, whichever

is greater.

(3) Except under the conditions specified in paragraph (2) of

this subsection, a violation of this section does not constitute a

crime, and a judgment for the United States and imposition of a

civil penalty pursuant to paragraph (1) shall not give rise to any

disability or legal disadvantage based on conviction for a criminal

offense.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 402, Oct. 27, 1970, 84 Stat. 1262;

Pub. L. 95-633, title II, Sec. 202(b)(1), (2), Nov. 10, 1978, 92

Stat. 3776; Pub. L. 100-690, title VI, Sec. 6056, Nov. 18, 1988,

102 Stat. 4318; Pub. L. 104-237, title II, Sec. 205, Oct. 3, 1996,

110 Stat. 3103; Pub. L. 105-277, div. A, Sec. 101(b) (title I,

Sec. 117), Oct. 21, 1998, 112 Stat. 2681-50, 2681-68; Pub. L.

107-273, div. B, title IV, Sec. 4002(b)(16), (d)(2)(B), Nov. 2,

2002, 116 Stat. 1808, 1809.)

-REFTEXT-

REFERENCES IN TEXT

Schedules I and II, referred to in subsec. (b), are set out in

section 812(c) of this title.

-MISC2-

AMENDMENTS

2002 - Subsec. (c)(2)(A). Pub. L. 107-273, Sec. 4002(d)(2)(B)(i),

substituted ''under title 18'' for ''of not more than $25,000''.

Subsec. (c)(2)(B). Pub. L. 107-273, Sec. 4002(d)(2)(B)(ii),

substituted ''under title 18'' for ''of $50,000''.

Subsec. (c)(2)(C). Pub. L. 107-273, Sec. 4002(b)(16), realigned

margins.

1998 - Subsec. (a)(5). Pub. L. 105-277, Sec. 101(b) (title I,

Sec. 117(1)), inserted ''negligently'' before ''fail''.

Subsec. (a)(10). Pub. L. 105-277, Sec. 101(b) (title I, Sec.

117(2)), inserted ''negligently'' before ''to fail''.

Subsec. (c)(1). Pub. L. 105-277, Sec. 101(b) (title I, Sec.

117(3)), designated existing provisions as subpar. (A), inserted

''subparagraph (B) of this paragraph and'' before ''paragraph

(2)'', and added subpar. (B).

1996 - Subsec. (a). Pub. L. 104-237, Sec. 205(a), added par. (11)

and closing provisions.

Subsec. (c)(2)(C). Pub. L. 104-237, Sec. 205(b), added subpar.

(C).

1988 - Subsec. (a)(8). Pub. L. 100-690, Sec. 6056(a), inserted

'', or to use to his own advantage or reveal (other than as

authorized by section 830 of this title) any information that is

confidential under such section'' after ''protection''.

Subsec. (a)(9). Pub. L. 100-690, Sec. 6056(b), amended par. (9)

generally. Prior to amendment, par. (9) read as follows: ''to

distribute or sell piperidine in violation of regulations

established under section 830(a)(2) of this title, respecting

presentation of identification.''

Subsec. (a)(10). Pub. L. 100-690, Sec. 6056(d), added par. (10).

Subsec. (c)(2)(C). Pub. L. 100-690, Sec. 6056(c), struck out

subpar. (C) which read as follows: ''Subparagraphs (A) and (B)

shall not apply to a violation of subsection (a)(5) of this section

with respect to a refusal or failure to make a report required

under section 830(a) of this title (relating to piperidine

reporting).''

1978 - Subsec. (a)(9). Pub. L. 95-633, Sec. 202(b)(1), added par.

(9).

Subsec. (c)(2)(C). Pub. L. 95-633, Sec. 202(b)(2), added subpar.

(C).

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by 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 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 subsecs. (a)(9) and (c)(2)(C) of this section

effective Jan. 1, 1981.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 843, 961 of this title.

-CITE-

21 USC Sec. 843 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part D - Offenses and Penalties

-HEAD-

Sec. 843. Prohibited acts C

-STATUTE-

(a) Unlawful acts

It shall be unlawful for any person knowingly or intentionally -

(1) who is a registrant to distribute a controlled substance

classified in schedule I or II, in the course of his legitimate

business, except pursuant to an order or an order form as

required by section 828 of this title;

(2) to use in the course of the manufacture, distribution, or

dispensing of a controlled substance, or to use for the purpose

of acquiring or obtaining a controlled substance, a registration

number which is fictitious, revoked, suspended, expired, or

issued to another person;

(3) to acquire or obtain possession of a controlled substance

by misrepresentation, fraud, forgery, deception, or subterfuge;

(4)(A) to furnish false or fraudulent material information in,

or omit any material information from, any application, report,

record, or other document required to be made, kept, or filed

under this subchapter or subchapter II of this chapter, or (B) to

present false or fraudulent identification where the person is

receiving or purchasing a listed chemical and the person is

required to present identification under section 830(a) of this

title;

(5) to make, distribute, or possess any punch, die, plate,

stone, or other thing designed to print, imprint, or reproduce

the trademark, trade name, or other identifying mark, imprint, or

device of another or any likeness of any of the foregoing upon

any drug or container or labeling thereof so as to render such

drug a counterfeit substance;

(6) to possess any three-neck round-bottom flask, tableting

machine, encapsulating machine, or gelatin capsule, or any

equipment, chemical, product, or material which may be used to

manufacture a controlled substance or listed chemical, knowing,

intending, or having reasonable cause to believe, that it will be

used to manufacture a controlled substance or listed chemical in

violation of this subchapter or subchapter II of this chapter;

(7) to manufacture, distribute, export, or import any

three-neck round-bottom flask, tableting machine, encapsulating

machine, or gelatin capsule, or any equipment, chemical, product,

or material which may be used to manufacture a controlled

substance or listed chemical, knowing, intending, or having

reasonable cause to believe, that it will be used to manufacture

a controlled substance or listed chemical in violation of this

subchapter or subchapter II of this chapter or, in the case of an

exportation, in violation of this subchapter or subchapter II of

this chapter or of the laws of the country to which it is

exported;

(8) to create a chemical mixture for the purpose of evading a

requirement of section 830 of this title or to receive a chemical

mixture created for that purpose; or

(9) to distribute, import, or export a list I chemical without

the registration required by this subchapter or subchapter II of

this chapter.

(b) Communication facility

It shall be unlawful for any person knowingly or intentionally to

use any communication facility in committing or in causing or

facilitating the commission of any act or acts constituting a

felony under any provision of this subchapter or subchapter II of

this chapter. Each separate use of a communication facility shall

be a separate offense under this subsection. For purposes of this

subsection, the term ''communication facility'' means any and all

public and private instrumentalities used or useful in the

transmission of writing, signs, signals, pictures, or sounds of all

kinds and includes mail, telephone, wire, radio, and all other

means of communication.

It shall be unlawful for any person to place in any newspaper,

magazine, handbill, or other publications, any written

advertisement knowing that it has the purpose of seeking or

offering illegally to receive, buy, or distribute a Schedule

(FOOTNOTE 1) I controlled substance. As used in this section the

term ''advertisement'' includes, in addition to its ordinary

meaning, such advertisements as those for a catalog of Schedule

(FOOTNOTE 1) I controlled substances and any similar written

advertisement that has the purpose of seeking or offering illegally

to receive, buy, or distribute a Schedule (FOOTNOTE 1) I controlled

substance. The term ''advertisement'' does not include material

which merely advocates the use of a similar material, which

advocates a position or practice, and does not attempt to propose

or facilitate an actual transaction in a Schedule (FOOTNOTE 1) I

controlled substance.

(FOOTNOTE 1) So in original. Probably should not be

capitalized.

(d) Penalties

(1) Except as provided in paragraph (2), any person who violates

this section shall be sentenced to a term of imprisonment of not

more than 4 years, a fine under title 18, or both; except that if

any person commits such a violation after one or more prior

convictions of him for violation of this section, or for a felony

under any other provision of this subchapter or subchapter II of

this chapter or other law of the United States 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 8 years, a fine under title 18, or

both.

(2) Any person who, with the intent to manufacture or to

facilitate the manufacture of methamphetamine, violates paragraph

(6) or (7) of subsection (a) of this section, shall be sentenced to

a term of imprisonment of not more than 10 years, a fine under

title 18, or both; except that if any person commits such a

violation after one or more prior convictions of that person -

(A) for a violation of paragraph (6) or (7) of subsection (a)

of this section;

(B) for a felony under any other provision of this subchapter

or subchapter II of this chapter; or

relating to controlled substances or listed chemicals,

has become final, such person shall be sentenced to a term of

imprisonment of not more than 20 years, a fine under title 18, or

both.

(e) Additional penalties

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) Injunctions

(1) In addition to any penalty provided in this section, the

Attorney General is authorized to commence a civil action for

appropriate declaratory or injunctive relief relating to violations

of this section or section 842 of this title.

(2) Any action under this subsection may be brought in the

district court of the United States for the district in which the

defendant is located or resides or is doing business.

(3) Any order or judgment issued by the court pursuant to this

subsection shall be tailored to restrain violations of this section

or section 842 of this title.

(4) The court shall proceed as soon as practicable to the hearing

and determination of such an action. An action under this

subsection is governed by the Federal Rules of Civil Procedure

except that, if an indictment has been returned against the

respondent, discovery is governed by the Federal Rules of Criminal

Procedure.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 403, Oct. 27, 1970, 84 Stat. 1263;

Pub. L. 95-633, title II, Sec. 202(b)(3), Nov. 10, 1978, 92 Stat.

3776; Pub. L. 98-473, title II, Sec. 516, Oct. 12, 1984, 98 Stat.

2074; Pub. L. 99-570, title I, Sec. 1866(a), Oct. 27, 1986, 100

Stat. 3207-54; Pub. L. 100-690, title VI, Sec. 6057, Nov. 18, 1988,

102 Stat. 4319; Pub. L. 103-200, Sec. 3(g), Dec. 17, 1993, 107

Stat. 2337; Pub. L. 103-322, title IX, Sec. 90106, Sept. 13, 1994,

108 Stat. 1988; Pub. L. 104-237, title II, Sec. 203(a), 206(b),

Oct. 3, 1996, 110 Stat. 3102, 3103; Pub. L. 107-273, div. B, title

IV, Sec. 4002(d)(2)(C), Nov. 2, 2002, 116 Stat. 1810.)

-REFTEXT-

REFERENCES IN TEXT

Schedules I and II, referred to in subsecs. (a)(1) and (c), are

set out in section 812(c) of this title.

The Federal Rules of Civil Procedure, referred to in subsec.

(f)(4), are set out in the Appendix to Title 28, Judiciary and

Judicial Procedure.

The Federal Rules of Criminal Procedure, referred to in subsec.

(f)(4), are set out in the Appendix to Title 18, Crimes and

Criminal Procedure.

-MISC2-

AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-273 substituted ''under title 18,

or both;'' for ''of not more than $30,000, or both;'' in two places

and ''under title 18, or both.'' for ''of not more than $60,000, or

both.'' in two places.

1996 - Subsec. (d). Pub. L. 104-237, Sec. 203(a), inserted par.

(1) designation, substituted ''Except as provided in paragraph (2),

any person'' for ''Any person'', and added par. (2).

Subsec. (e). Pub. L. 104-237, Sec. 206(b)(1), inserted

''manufacture, exportation,'' after ''distribution,'' and struck

out ''regulated'' after ''engaging in any''.

Subsec. (f). Pub. L. 104-237, Sec. 206(b)(2), added subsec. (f).

1994 - Subsecs. (c) to (e). Pub. L. 103-322 added subsec. (c) and

redesignated former subsecs. (c) and (d) as (d) and (e),

respectively.

1993 - Subsec. (a)(6), (7). Pub. L. 103-200, Sec. 3(g)(1),

amended pars. (6) and (7) generally. Prior to amendment, pars. (6)

and (7) read as follows:

''(6) to possess any three-neck round-bottom flask, tableting

machine, encapsulating machine, gelatin capsule, or equipment

specially designed or modified to manufacture a controlled

substance, with intent to manufacture a controlled substance except

as authorized by this subchapter;

''(7) to manufacture, distribute, or import any three-neck

round-bottom flask, tableting machine, encapsulating machine,

gelatin capsule, or equipment specially designed or modified to

manufacture a controlled substance, knowing that it will be used to

manufacture a controlled substance except as authorized by this

subchapter; or''.

Subsec. (a)(9). Pub. L. 103-200, Sec. 3(g)(2), (3), added par.

(9).

1988 - Subsec. (a)(4)(B). Pub. L. 100-690, Sec. 6057(a)(1),

substituted ''a listed chemical'' for ''piperidine''.

Subsec. (a)(6) to (8). Pub. L. 100-690, Sec. 6057(a)(2)-(4),

added pars. (6) to (8).

Subsec. (d). Pub. L. 100-690, Sec. 6057(b), added subsec. (d).

1986 - Subsec. (a)(2). Pub. L. 99-570 substituted a semicolon for

the period at end.

1984 - Subsec. (a)(2). Pub. L. 98-473 added applicability to

dispensing, acquiring, or obtaining a controlled substance, and

applicability to an expired number.

1978 - Subsec. (a)(4). Pub. L. 95-633, Sec. 202(b)(3), designated

existing provisions as subpar. (A) and added subpar. (B).

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-200 effective on date that is 120 days

after Dec. 17, 1993, see section 11 of Pub. L. 103-200, set out as

a note under section 802 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by 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 1978 AMENDMENT

Amendment by Pub. L. 95-633 effective Nov. 10, 1978, except as

otherwise provided, 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. (a)(4)(B) of this section effective Jan. 1,

1981.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 864 of this title.

-CITE-

21 USC Sec. 844 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part D - Offenses and Penalties

-HEAD-

Sec. 844. Penalties for simple possession

-STATUTE-

(a) Unlawful acts; penalties

It shall be unlawful for any person knowingly or intentionally to

possess a controlled substance unless such substance was obtained

directly, or pursuant to a valid prescription or order, from a

practitioner, while acting in the course of his professional

practice, or except as otherwise authorized by this subchapter or

subchapter II of this chapter. It shall be unlawful for any person

knowingly or intentionally to possess any list I chemical obtained

pursuant to or under authority of a registration issued to that

person under section 823 of this title or section 958 of this title

if that registration has been revoked or suspended, if that

registration has expired, or if the registrant has ceased to do

business in the manner contemplated by his registration. Any

person who violates this subsection may be sentenced to a term of

imprisonment of not more than 1 year, and shall be fined a minimum

of $1,000, or both, except that if he commits such offense after a

prior conviction under this subchapter or subchapter II of this

chapter, or a prior conviction for any drug, narcotic, or chemical

offense chargeable under the law of any State, has become final, he

shall be sentenced to a term of imprisonment for not less than 15

days but not more than 2 years, and shall be fined a minimum of

$2,500, except, further, that if he commits such offense after two

or more prior convictions under this subchapter or subchapter II of

this chapter, or two or more prior convictions for any drug,

narcotic, or chemical offense chargeable under the law of any

State, or a combination of two or more such offenses have become

final, he shall be sentenced to a term of imprisonment for not less

than 90 days but not more than 3 years, and shall be fined a

minimum of $5,000. Notwithstanding the preceding sentence, a person

convicted under this subsection for the possession of a mixture or

substance which contains cocaine base shall be imprisoned not less

than 5 years and not more than 20 years, and fined a minimum of

$1,000, if the conviction is a first conviction under this

subsection and the amount of the mixture or substance exceeds 5

grams, if the conviction is after a prior conviction for the

possession of such a mixture or substance under this subsection

becomes final and the amount of the mixture or substance exceeds 3

grams, or if the conviction is after 2 or more prior convictions

for the possession of such a mixture or substance under this

subsection become final and the amount of the mixture or substance

exceeds 1 gram. Notwithstanding any penalty provided in this

subsection, any person convicted under this subsection for the

possession of flunitrazepam shall be imprisoned for not more than 3

years, shall be fined as otherwise provided in this section, or

both. The imposition or execution of a minimum sentence required

to be imposed under this subsection shall not be suspended or

deferred. Further, upon conviction, a person who violates this

subsection shall be fined the reasonable costs of the investigation

and prosecution of the offense, including the costs of prosecution

of an offense as defined in sections 1918 and 1920 of title 28,

except that this sentence shall not apply and a fine under this

section need not be imposed if the court determines under the

provision of title 18 that the defendant lacks the ability to pay.

(b) Repealed. Pub. L. 98-473, title II, Sec. 219(a), Oct. 12, 1984,

98 Stat. 2027

As used in this section, the term ''drug, narcotic, or chemical

offense'' means any offense which proscribes the possession,

distribution, manufacture, cultivation, sale, transfer, or the

attempt or conspiracy to possess, distribute, manufacture,

cultivate, sell or transfer any substance the possession of which

is prohibited under this subchapter.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 404, Oct. 27, 1970, 84 Stat. 1264;

Pub. L. 98-473, title II, Sec. 219, Oct. 12, 1984, 98 Stat. 2027;

Pub. L. 99-570, title I, Sec. 1052, Oct. 27, 1986, 100 Stat.

3207-8; Pub. L. 100-690, title VI, Sec. 6371, 6480, Nov. 18, 1988,

102 Stat. 4370, 4382; Pub. L. 101-647, title XII, Sec. 1201, title

XIX, Sec. 1907, Nov. 29, 1990, 104 Stat. 4829, 4854; Pub. L.

104-237, title II, Sec. 201(a), Oct. 3, 1996, 110 Stat. 3101; Pub.

L. 104-305, Sec. 2(c), Oct. 13, 1996, 110 Stat. 3808.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-305 inserted ''Notwithstanding

any penalty provided in this subsection, any person convicted under

this subsection for the possession of flunitrazepam shall be

imprisoned for not more than 3 years, shall be fined as otherwise

provided in this section, or both.'' after ''mixture or substance

exceeds 1 gram.''

Pub. L. 104-237, Sec. 201(a)(1), inserted after first sentence

''It shall be unlawful for any person knowingly or intentionally to

possess any list I chemical obtained pursuant to or under authority

of a registration issued to that person under section 823 of this

title or section 958 of this title if that registration has been

revoked or suspended, if that registration has expired, or if the

registrant has ceased to do business in the manner contemplated by

his registration.'' and substituted ''drug, narcotic, or chemical''

for ''drug or narcotic'' in two places.

Subsec. (c). Pub. L. 104-237, Sec. 201(a)(2), substituted ''drug,

narcotic, or chemical'' for ''drug or narcotic''.

1990 - Subsec. (a). Pub. L. 101-647, Sec. 1907, inserted subsec.

(a) designation.

Pub. L. 101-647, Sec. 1201, substituted ''shall be imprisoned not

less than 5 years and not more than 20 years, and fined a minimum

of $1,000'' for ''shall be fined under title 18 or imprisoned not

less than 5 years and not more than 20 years, or both''.

1988 - Subsec. (a). Pub. L. 100-690, Sec. 6480(1)(A)-(C), struck

out ''but not more than $5,000'' after ''$1,000'', ''but not more

than $10,000'' after ''$2,500'', and ''but not more than $25,000''

after ''$5,000'' in second sentence.

Pub. L. 100-690, Sec. 6371, inserted provisions relating to

increased penalties in cases of certain serious crack possession

offenses, making offenders subject to fines under title 18 or

imprisonment to terms not less than 5 years nor more than 20 years,

or both.

1986 - Subsec. (a). Pub. L. 99-570 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows: ''It

shall be unlawful for any person knowingly or intentionally to

possess a controlled substance unless such substance was obtained

directly, or pursuant to a valid prescription or order, from a

practitioner, while acting in the course of his professional

practice, or except as otherwise authorized by this subchapter or

subchapter II of this chapter. Any person who violates this

subsection shall be sentenced to a term of imprisonment of not more

than one year, a fine of not more than $5,000, or both, except that

if he commits such offense after a prior conviction or convictions

under this subsection have become final, he shall be sentenced to a

term of imprisonment of not more than 2 years, a fine of not more

than $10,000 or both.''

Subsec. (b). Pub. L. 99-570, in amending subsec. (b) generally,

substituted ''Upon the discharge of such person and dismissal of

the proceedings'' for ''Upon the dismissal of such person and

discharge of the proceedings'' in par. (2).

Subsec. (c). Pub. L. 99-570, in amending section generally, added

subsec. (c).

1984 - Pub. L. 98-473 struck out subsec. (a) designation and

struck out subsec. (b) which related to probation before judgment

and expunging of records for first offense.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 841, 844a, 885 of this

title; title 18 sections 3553, 3607; title 42 section 14052.

-CITE-

21 USC Sec. 844a 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part D - Offenses and Penalties

-HEAD-

Sec. 844a. Civil penalty for possession of small amounts of certain

controlled substances

-STATUTE-

(a) In general

Any individual who knowingly possesses a controlled substance

that is listed in section 841(b)(1)(A) of this title in violation

of section 844 of this title in an amount that, as specified by

regulation of the Attorney General, is a personal use amount shall

be liable to the United States for a civil penalty in an amount not

to exceed $10,000 for each such violation.

(b) Income and net assets

The income and net assets of an individual shall not be relevant

to the determination whether to assess a civil penalty under this

section or to prosecute the individual criminally. However, in

determining the amount of a penalty under this section, the income

and net assets of an individual shall be considered.

A civil penalty may not be assessed under this section if the

individual previously was convicted of a Federal or State offense

relating to a controlled substance.

(d) Limitation on number of assessments

A civil penalty may not be assessed on an individual under this

section on more than two separate occasions.

(e) Assessment

A civil penalty under this section may be assessed by the

Attorney General only by an order made on the record after

opportunity for a hearing in accordance with section 554 of title

5. The Attorney General shall provide written notice to the

individual who is the subject of the proposed order informing the

individual of the opportunity to receive such a hearing with

respect to the proposed order. The hearing may be held only if the

individual makes a request for the hearing before the expiration of

the 30-day period beginning on the date such notice is issued.

(f) Compromise

The Attorney General may compromise, modify, or remit, with or

without conditions, any civil penalty imposed under this section.

(g) Judicial review

If the Attorney General issues an order pursuant to subsection

(e) of this section after a hearing described in such subsection,

the individual who is the subject of the order may, before the

expiration of the 30-day period beginning on the date the order is

issued, bring a civil action in the appropriate district court of

the United States. In such action, the law and the facts of the

violation and the assessment of the civil penalty shall be

determined de novo, and shall include the right of a trial by jury,

the right to counsel, and the right to confront witnesses. The

facts of the violation shall be proved beyond a reasonable doubt.

(h) Civil action

If an individual does not request a hearing pursuant to

subsection (e) of this section and the Attorney General issues an

order pursuant to such subsection, or if an individual does not

under subsection (g) of this section seek judicial review of such

an order, the Attorney General may commence a civil action in any

appropriate district court of the United States for the purpose of

recovering the amount assessed and an amount representing interest

at a rate computed in accordance with section 1961 of title 28.

Such interest shall accrue from the expiration of the 30-day period

described in subsection (g) of this section. In such an action,

the decision of the Attorney General to issue the order, and the

amount of the penalty assessed by the Attorney General, shall not

be subject to review.

(i) Limitation

The Attorney General may not under this subsection (FOOTNOTE 1)

commence proceeding against an individual after the expiration of

the 5-year period beginning on the date on which the individual

allegedly violated subsection (a) of this section.

(FOOTNOTE 1) So in original. Probably should be ''section''.

(j) Expungement procedures

The Attorney General shall dismiss the proceedings under this

section against an individual upon application of such individual

at any time after the expiration of 3 years if -

(1) the individual has not previously been assessed a civil

penalty under this section;

(2) the individual has paid the assessment;

(3) the individual has complied with any conditions imposed by

the Attorney General;

(4) the individual has not been convicted of a Federal or State

offense relating to a controlled substance; and

(5) the individual agrees to submit to a drug test, and such

test shows the individual to be drug free.

A nonpublic record of a disposition under this subsection shall be

retained by the Department of Justice solely for the purpose of

determining in any subsequent proceeding whether the person

qualified for a civil penalty or expungement under this section.

If a record is expunged under this subsection, an individual

concerning whom such an expungement has been made shall not be held

thereafter under any provision of law to be guilty of perjury,

false swearing, or making a false statement by reason of his

failure to recite or acknowledge a proceeding under this section or

the results thereof in response to an inquiry made of him for any

purpose.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 405, formerly Pub. L. 100-690,

title VI, Sec. 6486, Nov. 18, 1988, 102 Stat. 4384, renumbered Sec.

405 of Pub. L. 91-513, and amended Pub. L. 101-647, title X, Sec.

1002(g)(1), (2), Nov. 29, 1990, 104 Stat. 4828.)

-MISC1-

PRIOR PROVISIONS

A prior section 405 of Pub. L. 91-513 was renumbered section 418

and is classified to section 859 of this title.

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-647, Sec. 1002(g)(2)(A), made

technical amendments to references to sections 841(b)(1)(A) and 844

of this title to correct references to corresponding provisions of

original act.

Subsecs. (c), (j)(4). Pub. L. 101-647, Sec. 1002(g)(2)(B), (C),

struck out ''as defined in section 802 of this title'' after

''controlled substance''.

-CITE-

21 USC Sec. 845 to 845b 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part D - Offenses and Penalties

-HEAD-

Sec. 845 to 845b. Transferred

-COD-

CODIFICATION

Section 845, Pub. L. 91-513, title II, Sec. 405, Oct. 27, 1970,

84 Stat. 1265, as amended, which related to distribution of

controlled substances to persons under age twenty-one, was

renumbered Sec. 418 of Pub. L. 91-513 by Pub. L. 101-647, title X,

Sec. 1002(a)(1), Nov. 29, 1990, 104 Stat. 4827, and transferred to

section 859 of this title.

Section 845a, Pub. L. 91-513, title II, Sec. 405A, as added Pub.

L. 98-473, title II, Sec. 503(a), Oct. 12, 1984, 98 Stat. 2069, and

amended, which related to distribution or manufacturing of

controlled substances in or near schools and colleges, was

renumbered Sec. 419 of Pub. L. 91-513 by Pub. L. 101-647, title X,

Sec. 1002(b), Nov. 29, 1990, 104 Stat. 4827, and transferred to

section 860 of this title.

Section 845b, Pub. L. 91-513, title II, Sec. 405B, as added Pub.

L. 99-570, title I, Sec. 1102, Oct. 27, 1986, 100 Stat. 3207-10,

and amended, which related to employment or use of persons under 18

years of age in drug operations, was renumbered Sec. 420 of Pub. L.

91-513 by Pub. L. 101-647, title X, Sec. 1002(c), Nov. 29, 1990,

104 Stat. 4827, and transferred to section 861 of this title.

-CITE-

21 USC Sec. 846 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part D - Offenses and Penalties

-HEAD-

Sec. 846. Attempt and conspiracy

-STATUTE-

Any person who attempts or conspires to commit any offense

defined in this subchapter shall be subject to the same penalties

as those prescribed for the offense, the commission of which was

the object of the attempt or conspiracy.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 406, Oct. 27, 1970, 84 Stat. 1265;

Pub. L. 100-690, title VI, Sec. 6470(a), Nov. 18, 1988, 102 Stat.

4377.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-690 substituted ''shall be subject to the same

penalties as those prescribed for the offense'' for ''is punishable

by imprisonment or fine or both which may not exceed the maximum

punishment prescribed for the offense''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 sections 36, 3553.

-CITE-

21 USC Sec. 847 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part D - Offenses and Penalties

-HEAD-

Sec. 847. Additional penalties

-STATUTE-

Any penalty imposed for violation of this subchapter shall be in

addition to, and not in lieu of, any civil or administrative

penalty or sanction authorized by law.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 407, Oct. 27, 1970, 84 Stat. 1265.)

-CITE-

21 USC Sec. 848 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part D - Offenses and Penalties

-HEAD-

Sec. 848. Continuing criminal enterprise

-STATUTE-

(a) Penalties; forfeitures

Any person who engages in a continuing criminal enterprise shall

be sentenced to a term of imprisonment which may not be less than

20 years and which may be up to life imprisonment, to 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, and to the forfeiture prescribed in section 853 of this

title; except that if any person engages in such activity after one

or more prior convictions of him under this section have become

final, he shall be sentenced to a term of imprisonment which may

not be less than 30 years and which may be up to life imprisonment,

to a fine not to exceed the greater of twice the amount 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, and to the forfeiture prescribed in section 853

of this title.

(b) Life imprisonment for engaging in continuing criminal

enterprise

Any person who engages in a continuing criminal enterprise shall

be imprisoned for life and fined in accordance with subsection (a)

of this section, if -

(1) such person is the principal administrator, organizer, or

leader of the enterprise or is one of several such principal

administrators, organizers, or leaders; and

(2)(A) the violation referred to in subsection (c)(1) of this

section involved at least 300 times the quantity of a substance

described in subsection 841(b)(1)(B) of this title, or

(B) the enterprise, or any other enterprise in which the

defendant was the principal or one of several principal

administrators, organizers, or leaders, received $10 million

dollars in gross receipts during any twelve-month period of its

existence for the manufacture, importation, or distribution of a

substance described in section 841(b)(1)(B) of this title.

For purposes of subsection (a) of this section, a person is

engaged in a continuing criminal enterprise if -

(1) he violates any provision of this subchapter or subchapter

II of this chapter the punishment for which is a felony, and

(2) such violation is a part of a continuing series of

violations of this subchapter or subchapter II of this chapter -

(A) which are undertaken by such person in concert with five

or more other persons with respect to whom such person occupies

a position of organizer, a supervisory position, or any other

position of management, and

(B) from which such person obtains substantial income or

resources.

(d) Suspension of sentence and probation prohibited

In the case of any sentence imposed under this section,

imposition or execution of such sentence shall not be suspended,

probation shall not be granted, and the Act of July 15, 1932 (D.C.

Code, secs. 24-203 - 24-207), shall not apply.

(e) Death penalty

(1) In addition to the other penalties set forth in this section

(A) any person engaging in or working in furtherance of a

continuing criminal enterprise, or any person engaging in an

offense punishable under section 841(b)(1)(A) of this title or

section 960(b)(1) of this title who intentionally kills or

counsels, commands, induces, procures, or causes the intentional

killing of an individual and such killing results, shall be

sentenced to any term of imprisonment, which shall not be less

than 20 years, and which may be up to life imprisonment, or may

be sentenced to death; and

(B) any person, during the commission of, in furtherance of, or

while attempting to avoid apprehension, prosecution or service of

a prison sentence for, a felony violation of this subchapter or

subchapter II of this chapter who intentionally kills or

counsels, commands, induces, procures, or causes the intentional

killing of any Federal, State, or local law enforcement officer

engaged in, or on account of, the performance of such officer's

official duties and such killing results, shall be sentenced to

any term of imprisonment, which shall not be less than 20 years,

and which may be up to life imprisonment, or may be sentenced to

death.

(2) As used in paragraph (1)(b), (FOOTNOTE 1) the term ''law

enforcement officer'' means a public servant authorized by law or

by a Government agency or Congress to conduct or engage in the

prevention, investigation, prosecution or adjudication of an

offense, and includes those engaged in corrections, probation, or

parole functions.

(FOOTNOTE 1) So in original. Probably should be paragraph

''(1)(B),''.

(g) (FOOTNOTE 2) Hearing required with respect to death penalty

(FOOTNOTE 2) So in original. Section does not contain a subsec.

(f), see 1988 Amendment note below.

A person shall be subjected to the penalty of death for any

offense under this section only if a hearing is held in accordance

with this section.

(h) Notice by Government in death penalty cases

(1) Whenever the Government intends to seek the death penalty for

an offense under this section for which one of the sentences

provided is death, the attorney for the Government, a reasonable

time before trial or acceptance by the court of a plea of guilty,

shall sign and file with the court, and serve upon the defendant, a

notice -

(A) that the Government in the event of conviction will seek

the sentence of death; and

(B) setting forth the aggravating factors enumerated in

subsection (n) of this section and any other aggravating factors

which the Government will seek to prove as the basis for the

death penalty.

(2) The court may permit the attorney for the Government to amend

this notice for good cause shown.

(i) Hearing before court or jury

(1) When the attorney for the Government has filed a notice as

required under subsection (h) of this section and the defendant is

found guilty of or pleads guilty to an offense under subsection (e)

of this section, the judge who presided at the trial or before whom

the guilty plea was entered, or any other judge if the judge who

presided at the trial or before whom the guilty plea was entered is

unavailable, shall conduct a separate sentencing hearing to

determine the punishment to be imposed. The hearing shall be

conducted -

(A) before the jury which determined the defendant's guilt;

(B) before a jury impaneled for the purpose of the hearing if -

(i) the defendant was convicted upon a plea of guilty;

(ii) the defendant was convicted after a trial before the

court sitting without a jury;

(iii) the jury which determined the defendant's guilt has

been discharged for good cause; or

(iv) after initial imposition of a sentence under this

section, redetermination of the sentence under this section is

necessary; or

and with the approval of the Government.

(2) A jury impaneled under paragraph (1)(B) shall consist of 12

members, unless, at any time before the conclusion of the hearing,

the parties stipulate with the approval of the court that it shall

consist of any number less than 12.

(j) Proof of aggravating and mitigating factors

Notwithstanding rule 32(c) of the Federal Rules of Criminal

Procedure, when a defendant is found guilty of or pleads guilty to

an offense under subsection (e) of this section, no presentence

report shall be prepared. In the sentencing hearing, information

may be presented as to matters relating to any of the aggravating

or mitigating factors set forth in subsections (m) and (n) of this

section, or any other mitigating factor or any other aggravating

factor for which notice has been provided under subsection

(h)(1)(B) of this section. Where information is presented relating

to any of the aggravating factors set forth in subsection (n) of

this section, information may be presented relating to any other

aggravating factor for which notice has been provided under

subsection (h)(1)(B) of this section. Information presented may

include the trial transcript and exhibits if the hearing is held

before a jury or judge not present during the trial, or at the

trial judge's discretion. Any other information relevant to such

mitigating or aggravating factors may be presented by either the

Government or the defendant, regardless of its admissibility under

the rules governing admission of evidence at criminal trials,

except that information may be excluded if its probative value is

substantially outweighed by the danger of unfair prejudice,

confusion of the issues, or misleading the jury. The Government

and the defendant shall be permitted to rebut any information

received at the hearing and shall be given fair opportunity to

present argument as to the adequacy of the information to establish

the existence of any of the aggravating or mitigating factors and

as to appropriateness in that case of imposing a sentence of

death. The Government shall open the argument. The defendant

shall be permitted to reply. The Government shall then be

permitted to reply in rebuttal. The burden of establishing the

existence of any aggravating factor is on the Government, and is

not satisfied unless established beyond a reasonable doubt. The

burden of establishing the existence of any mitigating factor is on

the defendant, and is not satisfied unless established by a

preponderance of the evidence.

(k) Return of findings

The jury, or if there is no jury, the court, shall consider all

the information received during the hearing. It shall return

special findings identifying any aggravating factors set forth in

subsection (n) of this section, found to exist. If one of the

aggravating factors set forth in subsection (n)(1) of this section

and another of the aggravating factors set forth in paragraphs (2)

through (12) of subsection (n) of this section is found to exist, a

special finding identifying any other aggravating factor for which

notice has been provided under subsection (h)(1)(B) of this

section, may be returned. A finding with respect to a mitigating

factor may be made by one or more of the members of the jury, and

any member of the jury who finds the existence of a mitigating

factor may consider such a factor established for purposes of this

subsection, regardless of the number of jurors who concur that the

factor has been established. A finding with respect to any

aggravating factor must be unanimous. If an aggravating factor set

forth in subsection (n)(1) of this section is not found to exist or

an aggravating factor set forth in subsection (n)(1) of this

section is found to exist but no other aggravating factor set forth

in subsection (n) of this section is found to exist, the court

shall impose a sentence, other than death, authorized by law. If

an aggravating factor set forth in subsection (n)(1) of this

section and one or more of the other aggravating factors set forth

in subsection (n) of this section are found to exist, the jury, or

if there is no jury, the court, shall then consider whether the

aggravating factors found to exist sufficiently outweigh any

mitigating factor or factors found to exist, or in the absence of

mitigating factors, whether the aggravating factors are themselves

sufficient to justify a sentence of death. Based upon this

consideration, the jury by unanimous vote, or if there is no jury,

the court, shall recommend that a sentence of death shall be

imposed rather than a sentence of life imprisonment without

possibility of release or some other lesser sentence. The jury or

the court, regardless of its findings with respect to aggravating

and mitigating factors, is never required to impose a death

sentence and the jury shall be so instructed.

(l) Imposition of sentence

Upon the recommendation that the sentence of death be imposed,

the court shall sentence the defendant to death. Otherwise the

court shall impose a sentence, other than death, authorized by

law. A sentence of death shall not be carried out upon a person

who is under 18 years of age at the time the crime was committed.

A sentence of death shall not be carried out upon a person who is

mentally retarded. A sentence of death shall not be carried out

upon a person who, as a result of mental disability -

(1) cannot understand the nature of the pending proceedings,

what such person was tried for, the reason for the punishment, or

the nature of the punishment; or

(2) lacks the capacity to recognize or understand facts which

would make the punishment unjust or unlawful, or lacks the

ability to convey such information to counsel or to the court.

(m) Mitigating factors

In determining whether a sentence of death is to be imposed on a

defendant, the finder of fact shall consider mitigating factors,

including the following:

(1) The defendant's capacity to appreciate the wrongfulness of

the defendant's conduct or to conform conduct to the requirements

of law was significantly impaired, regardless of whether the

capacity was so impaired as to constitute a defense to the

charge.

(2) The defendant was under unusual and substantial duress,

regardless of whether the duress was of such a degree as to

constitute a defense to the charge.

(3) The defendant is punishable as a principal (as defined in

section 2 of title 18) in the offense, which was committed by

another, but the defendant's participation was relatively minor,

regardless of whether the participation was so minor as to

constitute a defense to the charge.

(4) The defendant could not reasonably have foreseen that the

defendant's conduct in the course of the commission of murder, or

other offense resulting in death for which the defendant was

convicted, would cause, or would create a grave risk of causing,

death to any person.

(5) The defendant was youthful, although not under the age of

18.

(6) The defendant did not have a significant prior criminal

record.

(7) The defendant committed the offense under severe mental or

emotional disturbance.

(8) Another defendant or defendants, equally culpable in the

crime, will not be punished by death.

(9) The victim consented to the criminal conduct that resulted

in the victim's death.

(10) That other factors in the defendant's background or

character mitigate against imposition of the death sentence.

(n) Aggravating factors for homicide

If the defendant is found guilty of or pleads guilty to an

offense under subsection (e) of this section, the following

aggravating factors are the only aggravating factors that shall be

considered, unless notice of additional aggravating factors is

provided under subsection (h)(1)(B) of this section:

(1) The defendant -

(A) intentionally killed the victim;

(B) intentionally inflicted serious bodily injury which

resulted in the death of the victim;

victim be killed or that lethal force be employed against the

victim, which resulted in the death of the victim;

(D) intentionally engaged in conduct which -

(i) the defendant knew would create a grave risk of death

to a person, other than one of the participants in the

offense; and

(ii) resulted in the death of the victim.

(2) The defendant has been convicted of another Federal

offense, or a State offense resulting in the death of a person,

for which a sentence of life imprisonment or a sentence of death

was authorized by statute.

(3) The defendant has previously been convicted of two or more

State or Federal offenses punishable by a term of imprisonment of

more than one year, committed on different occasions, involving

the infliction of, or attempted infliction of, serious bodily

injury upon another person.

(4) The defendant has previously been convicted of two or more

State or Federal offenses punishable by a term of imprisonment of

more than one year, committed on different occasions, involving

the distribution of a controlled substance.

(5) In the commission of the offense or in escaping

apprehension for a violation of subsection (e) of this section,

the defendant knowingly created a grave risk of death to one or

more persons in addition to the victims of the offense.

(6) The defendant procured the commission of the offense by

payment, or promise of payment, of anything of pecuniary value.

(7) The defendant committed the offense as consideration for

the receipt, or in the expectation of the receipt, of anything of

pecuniary value.

(8) The defendant committed the offense after substantial

planning and premeditation.

(9) The victim was particularly vulnerable due to old age,

youth, or infirmity.

(10) The defendant had previously been convicted of violating

this subchapter or subchapter II of this chapter for which a

sentence of five or more years may be imposed or had previously

been convicted of engaging in a continuing criminal enterprise.

(11) The violation of this subchapter in relation to which the

conduct described in subsection (e) of this section occurred was

a violation of section 859 of this title.

(12) The defendant committed the offense in an especially

heinous, cruel, or depraved manner in that it involved torture or

serious physical abuse to the victim.

(o) Right of defendant to justice without discrimination

(1) In any hearing held before a jury under this section, the

court shall instruct the jury that in its consideration of whether

the sentence of death is justified it shall not consider the race,

color, religious beliefs, national origin, or sex of the defendant

or the victim, and that the jury is not to recommend a sentence of

death unless it has concluded that it would recommend a sentence of

death for the crime in question no matter what the race, color,

religious beliefs, national origin, or sex of the defendant, or the

victim, may be. The jury shall return to the court a certificate

signed by each juror that consideration of the race, color,

religious beliefs, national origin, or sex of the defendant or the

victim was not involved in reaching his or her individual decision,

and that the individual juror would have made the same

recommendation regarding a sentence for the crime in question no

matter what the race, color, religious beliefs, national origin, or

sex of the defendant, or the victim, may be.

(2) Not later than one year from November 18, 1988, the

Comptroller General shall conduct a study of the various procedures

used by the several States for determining whether or not to impose

the death penalty in particular cases, and shall report to the

Congress on whether or not any or all of the various procedures

create a significant risk that the race of a defendant, or the race

of a victim against whom a crime was committed, influence the

likelihood that defendants in those States will be sentenced to

death. In conducting the study required by this paragraph, the

General Accounting Office shall -

(A) use ordinary methods of statistical analysis, including

methods comparable to those ruled admissible by the courts in

race discrimination cases under title VII of the Civil Rights Act

of 1964 (42 U.S.C. 2000e et seq.);

(B) study only crimes occurring after January 1, 1976; and

relation between any aggravating or mitigating factors and the

race of the victim or the defendant, may account for any evidence

that the race of the defendant, or the race of the victim,

influences the likelihood that defendants will be sentenced to

death. In addition, the General Accounting Office shall examine

separately and include in the report, death penalty cases

involving crimes similar to those covered under this section.

(p) Sentencing in capital cases in which death penalty is not

sought or imposed

If a person is convicted for an offense under subsection (e) of

this section and the court does not impose the penalty of death,

the court may impose a sentence of life imprisonment without the

possibility of parole.

(q) Appeal in capital cases; counsel for financially unable

defendants

(1) In any case in which the sentence of death is imposed under

this section, the sentence of death shall be subject to review by

the court of appeals upon appeal by the defendant. Notice of

appeal must be filed within the time prescribed for appeal of

judgment in section 2107 of title 28. An appeal under this section

may be consolidated with an appeal of the judgment of conviction.

Such review shall have priority over all other cases.

(2) On review of the sentence, the court of appeals shall

consider the record, the evidence submitted during the trial, the

information submitted during the sentencing hearing, the procedures

employed in the sentencing hearing, and the special findings

returned under this section.

(3) The court shall affirm the sentence if it determines that -

(A) the sentence of death was not imposed under the influence

of passion, prejudice, or any other arbitrary factor; and

(B) the information supports the special finding of the

existence of every aggravating factor upon which the sentence was

based, together with, or the failure to find, any mitigating

factors as set forth or allowed in this section.

In all other cases the court shall remand the case for

reconsideration under this section. The court of appeals shall

state in writing the reasons for its disposition of the review of

the sentence.

(4)(A) Notwithstanding any other provision of law to the

contrary, in every criminal action in which a defendant is charged

with a crime which may be punishable by death, a defendant who is

or becomes financially unable to obtain adequate representation or

investigative, expert, or other reasonably necessary services at

any time either -

(i) before judgment; or

(ii) after the entry of a judgment imposing a sentence of death

but before the execution of that judgment;

shall be entitled to the appointment of one or more attorneys and

the furnishing of such other services in accordance with paragraphs

(5), (6), (7), (8), and (9).

(B) In any post conviction proceeding under section 2254 or 2255

of title 28 seeking to vacate or set aside a death sentence, any

defendant who is or becomes financially unable to obtain adequate

representation or investigative, expert, or other reasonably

necessary services shall be entitled to the appointment of one or

more attorneys and the furnishing of such other services in

accordance with paragraphs (5), (6), (7), (8), and (9).

(5) If the appointment is made before judgment, at least one

attorney so appointed must have been admitted to practice in the

court in which the prosecution is to be tried for not less than

five years, and must have had not less than three years experience

in the actual trial of felony prosecutions in that court.

(6) If the appointment is made after judgment, at least one

attorney so appointed must have been admitted to practice in the

court of appeals for not less than five years, and must have had

not less than three years experience in the handling of appeals in

that court in felony cases.

(7) With respect to paragraphs (5) and (6), the court, for good

cause, may appoint another attorney whose background, knowledge, or

experience would otherwise enable him or her to properly represent

the defendant, with due consideration to the seriousness of the

possible penalty and to the unique and complex nature of the

litigation.

(8) Unless replaced by similarly qualified counsel upon the

attorney's own motion or upon motion of the defendant, each

attorney so appointed shall represent the defendant throughout

every subsequent stage of available judicial proceedings, including

pretrial proceedings, trial, sentencing, motions for new trial,

appeals, applications for writ of certiorari to the Supreme Court

of the United States, and all available post-conviction process,

together with applications for stays of execution and other

appropriate motions and procedures, and shall also represent the

defendant in such competency proceedings and proceedings for

executive or other clemency as may be available to the defendant.

(9) Upon a finding that investigative, expert, or other services

are reasonably necessary for the representation of the defendant,

whether in connection with issues relating to guilt or the

sentence, the court may authorize the defendant's attorneys to

obtain such services on behalf of the defendant and, if so

authorized, shall order the payment of fees and expenses therefor

under paragraph (10). No ex parte proceeding, communication, or

request may be considered pursuant to this section unless a proper

showing is made concerning the need for confidentiality. Any such

proceeding, communication, or request shall be transcribed and made

a part of the record available for appellate review.

(10)(A) Compensation shall be paid to attorneys appointed under

this subsection at a rate of not more than $125 per hour for

in-court and out-of-court time. Not less than 3 years after April

24, 1996, the Judicial Conference is authorized to raise the

maximum for hourly payment specified in the paragraph up to the

aggregate of the overall average percentages of the adjustments in

the rates of pay for the General Schedule made pursuant to section

5305 of title 5 on or after April 24, 1996. After the rates are

raised under the preceding sentence, such hourly range may be

raised at intervals of not less than one year, up to the aggregate

of the overall average percentages of such adjustments made since

the last raise under this paragraph.

(B) Fees and expenses paid for investigative, expert, and other

reasonably necessary services authorized under paragraph (9) shall

not exceed $7,500 in any case, unless payment in excess of that

limit is certified by the court, or by the United States magistrate

judge, if the services were rendered in connection with the case

disposed of entirely before such magistrate judge, as necessary to

provide fair compensation for services of an unusual character or

duration, and the amount of the excess payment is approved by the

chief judge of the circuit. The chief judge of the circuit may

delegate such approval authority to an active circuit judge.

case shall be disclosed to the public, after the disposition of the

petition.

(r) Refusal to participate by State and Federal correctional

employees

No employee of any State department of corrections or the Federal

Bureau of Prisons and no employee providing services to that

department or bureau under contract shall be required, as a

condition of that employment, or contractual obligation to be in

attendance at or to participate in any execution carried out under

this section if such participation is contrary to the moral or

religious convictions of the employee. For purposes of this

subsection, the term ''participation in executions'' includes

personal preparation of the condemned individual and the apparatus

used for execution and supervision of the activities of other

personnel in carrying out such activities.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 408, Oct. 27, 1970, 84 Stat. 1265;

Pub. L. 98-473, title II, Sec. 224(b), formerly Sec. 224(c), 305,

Oct. 12, 1984, 98 Stat. 2030, 2050; Pub. L. 99-570, title I, Sec.

1005(b)(2), 1252, 1253, Oct. 27, 1986, 100 Stat. 3207-6, 3207-14;

Pub. L. 100-690, title VI, Sec. 6481, title VII, Sec. 7001, Nov.

18, 1988, 102 Stat. 4382, 4387; Pub. L. 103-322, title XXXIII, Sec.

330003(e), 330009(d), 330014, Sept. 13, 1994, 108 Stat. 2141, 2143,

2146; Pub. L. 104-132, title I, Sec. 108, title IX, Sec. 903(b),

Apr. 24, 1996, 110 Stat. 1226, 1318.)

-REFTEXT-

REFERENCES IN TEXT

Act of July 15, 1932 (D.C. Code, secs. 24-203 - 24-207), referred

to in subsec. (d), is act July 15, 1932, ch. 492, 47 Stat. 696, as

amended, which is not classified to the Code.

The Federal Rules of Criminal Procedure, referred to in subsec.

(j), are set out in the Appendix to Title 18, Crimes and Criminal

Procedure.

The Civil Rights Act of 1964, referred to in subsec. (o)(2)(A),

is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title

VII of the Civil Rights Act of 1964 is classified generally to

subchapter VI (Sec. 2000e et seq.) of chapter 21 of Title 42, The

Public Health and Welfare. For complete classification of this Act

to the Code, see Short Title note set out under section 2000a of

Title 42 and Tables.

-MISC2-

AMENDMENTS

1996 - Subsec. (q)(9). Pub. L. 104-132, Sec. 108, amended par.

(9) generally. Prior to amendment, par. (9) read as follows:

''Upon a finding in ex parte proceedings that investigative, expert

or other services are reasonably necessary for the representation

of the defendant, whether in connection with issues relating to

guilt or sentence, the court shall authorize the defendant's

attorneys to obtain such services on behalf of the defendant and

shall order the payment of fees and expenses therefore, under

paragraph (10). Upon a finding that timely procurement of such

services could not practicably await prior authorization, the court

may authorize the provision of and payment for such services nunc

pro tunc.''

Subsec. (q)(10). Pub. L. 104-132, Sec. 903(b), amended par. (10)

generally. Prior to amendment, par. (10) read as follows:

''Notwithstanding the rates and maximum limits generally applicable

to criminal cases and any other provision of law to the contrary,

the court shall fix the compensation to be paid to attorneys

appointed under this subsection and the fees and expenses to be

paid for investigative, expert, and other reasonably necessary

services authorized under paragraph (9), at such rates or amounts

as the court determines to be reasonably necessary to carry out the

requirements of paragraphs (4) through (9).''

1994 - Subsec. (b)(2)(A). Pub. L. 103-322, Sec. 330003(e),

substituted ''subsection (c)(1) of this section'' for ''subsection

(d)(1) of this section''.

Subsec. (n)(11). Pub. L. 103-322, Sec. 330014, made technical

amendment to reference to section 859 of this title to correct

reference to corresponding section of original act.

Subsec. (q)(8). Pub. L. 103-322, Sec. 330009(d), substituted

''applications for writ'' for ''applications, for writ''.

1988 - Subsec. (a). Pub. L. 100-690, Sec. 6481(a), increased

minimum term of imprisonment for first violations to 20 from 10

years and for subsequent violations to 30 from 20 years.

Subsecs. (c), (d). Pub. L. 100-690, Sec. 6481(b), redesignated

subsecs. (d) and (e) as (c) and (d), respectively.

Subsec. (e). Pub. L. 100-690, Sec. 7001(a)(2), added subsec. (e).

Former subsec. (e) redesignated (d).

Pub. L. 100-690, Sec. 7001(a)(1), which directed redesignation of

former subsec. (e) as (f), could not be executed because of prior

redesignation of former subsec. (e) as (d) by Pub. L. 100-690, Sec.

6481(b), which resulted in there not being a subsec. (f).

Subsecs. (g) to (r). Pub. L. 100-690, Sec. 7001(b), added

subsecs. (g) to (r).

1986 - Subsec. (a). Pub. L. 99-570, Sec. 1252, substituted ''to 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,'' for ''to a fine of not more than $100,000,'' and ''to

a fine not to exceed the greater of twice the amount 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,'' for ''to a fine of not more than $200,000,''.

Subsecs. (b) to (e). Pub. L. 99-570, Sec. 1253, added subsec. (b)

and redesignated former subsecs. (b) and (c) as (d) and (e),

respectively, which resulted in there not being a subsec. (c).

1984 - Subsec. (a). Pub. L. 98-473, Sec. 305, struck out par. (1)

designation, substituted references to section 853 of this title

for references to paragraph (2) in two places, and struck out par.

(2) which related to forfeitures to the United States by any person

convicted under par. (1).

Subsec. (d). Pub. L. 98-473, Sec. 305(b), struck out subsec. (d)

relating to jurisdiction of courts of the United States.

Subsec. (e). Pub. L. 98-473, Sec. 224(b), as renumbered by Pub.

L. 99-570, Sec. 1005(b)(2), which directed the amendment of subsec.

of the United States Code'', was executed by striking out that

language in subsec. (e) to reflect the probable intent of Congress

and the intervening amendment by Pub. L. 99-570, Sec. 1253, which

redesignated subsec. (c) as (e). See 1986 Amendment note above.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 903(b) of Pub. L. 104-132 effective as to

cases commenced or appeals perfected on or after Apr. 24, 1996, see

section 903(c) of Pub. L. 104-132, set out as a note under section

3006A of Title 18, Crimes and Criminal Procedure.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 224(b) 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.

GAO STUDY OF COST OF EXECUTIONS

Section 7002 of title VII of Pub. L. 100-690, directed

Comptroller General to conduct a study of cost of executions and

report to Congress, prior to repeal by Pub. L. 104-66, title I,

Sec. 1091(d), Dec. 21, 1995, 109 Stat. 722.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 853 of this title; title

18 sections 36, 1956, 3553, 3559, 3591, 3592, 3663; title 28

sections 2254, 2255.

-CITE-

21 USC Sec. 849 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part D - Offenses and Penalties

-HEAD-

Sec. 849. Transportation safety offenses

-STATUTE-

(a) Definitions

In this section -

''safety rest area'' means a roadside facility with parking

facilities for the rest or other needs of motorists.

''truck stop'' means a facility (including any parking lot

appurtenant thereto) that -

(A) has the capacity to provide fuel or service, or both, to

any commercial motor vehicle (as defined in section 31301 of

title 49), operating in commerce (as defined in that section);

and

(B) is located within 2,500 feet of the National System of

Interstate and Defense Highways or the Federal-Aid Primary

System.

(b) First offense

A person who violates section 841(a)(1) of this title or section

856 of this title by distributing or possessing with intent to

distribute a controlled substance in or on, or within 1,000 feet

of, a truck stop or safety rest area is (except as provided in

subsection (b) (FOOTNOTE 1) of this section) subject to -

(FOOTNOTE 1) So in original. Probably should be subsection

''(c)''.

(1) twice the maximum punishment authorized by section 841(b)

of this title; and

(2) twice any term of supervised release authorized by section

841(b) of this title for a first offense.

A person who violates section 841(a)(1) of this title or section

856 of this title by distributing or possessing with intent to

distribute a controlled substance in or on, or within 1,000 feet

of, a truck stop or a safety rest area after a prior conviction or

convictions under subsection (a) (FOOTNOTE 2) of this section have

become final is subject to -

(FOOTNOTE 2) So in original. Probably should be subsection

''(b)''.

(1) 3 times the maximum punishment authorized by section 841(b)

of this title; and

(2) 3 times any term of supervised release authorized by

section 841(b) of this title for a first offense.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 409, as added Pub. L. 103-322,

title XVIII, Sec. 180201(b)(1), Sept. 13, 1994, 108 Stat. 2046.)

-MISC1-

PRIOR PROVISIONS

A prior section 849, Pub. L. 91-513, title II, Sec. 409, Oct. 27,

1970, 84 Stat. 1266; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100

Stat. 2095, related to dangerous special drug offender sentencing,

prior to repeal by Pub. L. 98-473, title II, Sec. 219(a),

235(a)(1), Oct. 12, 1984, 98 Stat. 2027, 2031, eff. Nov. 1, 1987,

and applicable only to offenses committed after the taking effect

of such repeal.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 841 of this title; title

18 section 3663.

-CITE-

21 USC Sec. 850 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part D - Offenses and Penalties

-HEAD-

Sec. 850. Information for sentencing

-STATUTE-

Except as otherwise provided in this subchapter or section

242a(a) (FOOTNOTE 1) of title 42, no limitation shall be placed on

the information concerning the background, character, and conduct

of a person convicted of an offense which a court of the United

States may receive and consider for the purpose of imposing an

appropriate sentence under this subchapter or subchapter II of this

chapter.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 410, Oct. 27, 1970, 84 Stat. 1269.)

-REFTEXT-

REFERENCES IN TEXT

Section 242a of title 42, referred to in text, was repealed by

Pub. L. 106-310, div. B, title XXXII, Sec. 3201(b)(1), Oct. 17,

2000, 114 Stat. 1190.

-CITE-

21 USC Sec. 851 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part D - Offenses and Penalties

-HEAD-

Sec. 851. Proceedings to establish prior convictions

-STATUTE-

(a) Information filed by United States Attorney

(1) No person who stands convicted of an offense under this part

shall be sentenced to increased punishment by reason of one or more

prior convictions, unless before trial, or before entry of a plea

of guilty, the United States attorney files an information with the

court (and serves a copy of such information on the person or

counsel for the person) stating in writing the previous convictions

to be relied upon. Upon a showing by the United States attorney

that facts regarding prior convictions could not with due diligence

be obtained prior to trial or before entry of a plea of guilty, the

court may postpone the trial or the taking of the plea of guilty

for a reasonable period for the purpose of obtaining such facts.

Clerical mistakes in the information may be amended at any time

prior to the pronouncement of sentence.

(2) An information may not be filed under this section if the

increased punishment which may be imposed is imprisonment for a

term in excess of three years unless the person either waived or

was afforded prosecution by indictment for the offense for which

such increased punishment may be imposed.

(b) Affirmation or denial of previous conviction

If the United States attorney files an information under this

section, the court shall after conviction but before pronouncement

of sentence inquire of the person with respect to whom the

information was filed whether he affirms or denies that he has been

previously convicted as alleged in the information, and shall

inform him that any challenge to a prior conviction which is not

made before sentence is imposed may not thereafter be raised to

attack the sentence.

(1) If the person denies any allegation of the information of

prior conviction, or claims that any conviction alleged is invalid,

he shall file a written response to the information. A copy of the

response shall be served upon the United States attorney. The

court shall hold a hearing to determine any issues raised by the

response which would except the person from increased punishment.

The failure of the United States attorney to include in the

information the complete criminal record of the person or any facts

in addition to the convictions to be relied upon shall not

constitute grounds for invalidating the notice given in the

information required by subsection (a)(1) of this section. The

hearing shall be before the court without a jury and either party

may introduce evidence. Except as otherwise provided in paragraph

(2) of this subsection, the United States attorney shall have the

burden of proof beyond a reasonable doubt on any issue of fact. At

the request of either party, the court shall enter findings of fact

and conclusions of law.

(2) A person claiming that a conviction alleged in the

information was obtained in violation of the Constitution of the

United States shall set forth his claim, and the factual basis

therefor, with particularity in his response to the information.

The person shall have the burden of proof by a preponderance of the

evidence on any issue of fact raised by the response. Any

challenge to a prior conviction, not raised by response to the

information before an increased sentence is imposed in reliance

thereon, shall be waived unless good cause be shown for failure to

make a timely challenge.

(d) Imposition of sentence

(1) If the person files no response to the information, or if the

court determines, after hearing, that the person is subject to

increased punishment by reason of prior convictions, the court

shall proceed to impose sentence upon him as provided by this part.

(2) If the court determines that the person has not been

convicted as alleged in the information, that a conviction alleged

in the information is invalid, or that the person is otherwise not

subject to an increased sentence as a matter of law, the court

shall, at the request of the United States attorney, postpone

sentence to allow an appeal from that determination. If no such

request is made, the court shall impose sentence as provided by

this part. The person may appeal from an order postponing sentence

as if sentence had been pronounced and a final judgment of

conviction entered.

(e) Statute of limitations

No person who stands convicted of an offense under this part may

challenge the validity of any prior conviction alleged under this

section which occurred more than five years before the date of the

information alleging such prior conviction.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 411, Oct. 27, 1970, 84 Stat. 1269.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 962 of this title; title

18 section 3559.

-CITE-

21 USC Sec. 852 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part D - Offenses and Penalties

-HEAD-

Sec. 852. Application of treaties and other international

agreements

-STATUTE-

Nothing in the Single Convention on Narcotic Drugs, the

Convention on Psychotropic Substances, or other treaties or

international agreements shall be construed to limit the provision

of treatment, education, or rehabilitation as alternatives to

conviction or criminal penalty for offenses involving any drug or

other substance subject to control under any such treaty or

agreement.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 412, as added Pub. L. 95-633, title

I, Sec. 107(a), Nov. 10, 1978, 92 Stat. 3773.)

-MISC1-

EFFECTIVE DATE

Section effective on date the Convention on Psychotropic

Substances enters into force in the United States (July 15, 1980),

see section 112 of Pub. L. 95-633, set out as a note under section

801a of this title.

-CITE-

21 USC Sec. 853 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part D - Offenses and Penalties

-HEAD-

Sec. 853. Criminal forfeitures

-STATUTE-

(a) Property subject to criminal forfeiture

Any person convicted of a violation of this subchapter or

subchapter II of this chapter punishable by imprisonment for more

than one year shall forfeit to the United States, irrespective of

any provision of State law -

(1) any property constituting, or derived from, any proceeds

the person obtained, directly or indirectly, as the result of

such violation;

(2) any of the person's property used, or intended to be used,

in any manner or part, to commit, or to facilitate the commission

of, such violation; and

(3) in the case of a person convicted of engaging in a

continuing criminal enterprise in violation of section 848 of

this title, the person shall forfeit, in addition to any property

described in paragraph (1) or (2), any of his interest in, claims

against, and property or contractual rights affording a source of

control over, the continuing criminal enterprise.

The court, in imposing sentence on such person, shall order, in

addition to any other sentence imposed pursuant to this subchapter

or subchapter II of this chapter, that the person forfeit to the

United States all property described in this subsection. In lieu

of a fine otherwise authorized by this part, a defendant who

derives profits or other proceeds from an offense may be fined not

more than twice the gross profits or other proceeds.

(b) Meaning of term ''property''

Property subject to criminal forfeiture under this section

includes -

(1) real property, including things growing on, affixed to, and

found in land; and

(2) tangible and intangible personal property, including

rights, privileges, interests, claims, and securities.

All right, title, and interest in property described in

subsection (a) of this section vests in the United States upon the

commission of the act giving rise to forfeiture under this

section. Any such property that is subsequently transferred to a

person other than the defendant may be the subject of a special

verdict of forfeiture and thereafter shall be ordered forfeited to

the United States, unless the transferee establishes in a hearing

pursuant to subsection (n) of this section that he is a bona fide

purchaser for value of such property who at the time of purchase

was reasonably without cause to believe that the property was

subject to forfeiture under this section.

(d) Rebuttable presumption

There is a rebuttable presumption at trial that any property of a

person convicted of a felony under this subchapter or subchapter II

of this chapter is subject to forfeiture under this section if the

United States establishes by a preponderance of the evidence that -

(1) such property was acquired by such person during the period

of the violation of this subchapter or subchapter II of this

chapter or within a reasonable time after such period; and

(2) there was no likely source for such property other than the

violation of this subchapter or subchapter II of this chapter.

(e) Protective orders

(1) Upon application of the United States, the court may enter a

restraining order or injunction, require the execution of a

satisfactory performance bond, or take any other action to preserve

the availability of property described in subsection (a) of this

section for forfeiture under this section -

(A) upon the filing of an indictment or information charging a

violation of this subchapter or subchapter II of this chapter for

which criminal forfeiture may be ordered under this section and

alleging that the property with respect to which the order is

sought would, in the event of conviction, be subject to

forfeiture under this section; or

(B) prior to the filing of such an indictment or information,

if, after notice to persons appearing to have an interest in the

property and opportunity for a hearing, the court determines that

(i) there is a substantial probability that the United States

will prevail on the issue of forfeiture and that failure to

enter the order will result in the property being destroyed,

removed from the jurisdiction of the court, or otherwise made

unavailable for forfeiture; and

(ii) the need to preserve the availability of the property

through the entry of the requested order outweighs the hardship

on any party against whom the order is to be entered:

Provided, however, That an order entered pursuant to subparagraph

(B) shall be effective for not more than ninety days, unless

extended by the court for good cause shown or unless an indictment

or information described in subparagraph (A) has been filed.

(2) A temporary restraining order under this subsection may be

entered upon application of the United States without notice or

opportunity for a hearing when an information or indictment has not

yet been filed with respect to the property, if the United States

demonstrates that there is probable cause to believe that the

property with respect to which the order is sought would, in the

event of conviction, be subject to forfeiture under this section

and that provision of notice will jeopardize the availability of

the property for forfeiture. Such a temporary order shall expire

not more than ten days after the date on which it is entered,

unless extended for good cause shown or unless the party against

whom it is entered consents to an extension for a longer period. A

hearing requested concerning an order entered under this paragraph

shall be held at the earliest possible time and prior to the

expiration of the temporary order.

(3) The court may receive and consider, at a hearing held

pursuant to this subsection, evidence and information that would be

inadmissible under the Federal Rules of Evidence.

(4) Order to repatriate and deposit. -

(A) In general. - Pursuant to its authority to enter a pretrial

restraining order under this section, the court may order a

defendant to repatriate any property that may be seized and

forfeited, and to deposit that property pending trial in the

registry of the court, or with the United States Marshals Service

or the Secretary of the Treasury, in an interest-bearing account,

if appropriate.

(B) Failure to comply. - Failure to comply with an order under

this subsection, or an order to repatriate property under

subsection (p) of this section, shall be punishable as a civil or

criminal contempt of court, and may also result in an enhancement

of the sentence of the defendant under the obstruction of justice

provision of the Federal Sentencing Guidelines.

(f) Warrant of seizure

The Government may request the issuance of a warrant authorizing

the seizure of property subject to forfeiture under this section in

the same manner as provided for a search warrant. If the court

determines that there is probable cause to believe that the

property to be seized would, in the event of conviction, be subject

to forfeiture and that an order under subsection (e) of this

section may not be sufficient to assure the availability of the

property for forfeiture, the court shall issue a warrant

authorizing the seizure of such property.

(g) Execution

Upon entry of an order of forfeiture under this section, the

court shall authorize the Attorney General to seize all property

ordered forfeited upon such terms and conditions as the court shall

deem proper. Following entry of an order declaring the property

forfeited, the court may, upon application of the United States,

enter such appropriate restraining orders or injunctions, require

the execution of satisfactory performance bonds, appoint receivers,

conservators, appraisers, accountants, or trustees, or take any

other action to protect the interest of the United States in the

property ordered forfeited. Any income accruing to or derived from

property ordered forfeited under this section may be used to offset

ordinary and necessary expenses to the property which are required

by law, or which are necessary to protect the interests of the

United States or third parties.

(h) Disposition of property

Following the seizure of property ordered forfeited under this

section, the Attorney General shall direct the disposition of the

property by sale or any other commercially feasible means, making

due provision for the rights of any innocent persons. Any property

right or interest not exercisable by, or transferable for value to,

the United States shall expire and shall not revert to the

defendant, nor shall the defendant or any person acting in concert

with him or on his behalf be eligible to purchase forfeited

property at any sale held by the United States. Upon application of

a person, other than the defendant or a person acting in concert

with him or on his behalf, the court may restrain or stay the sale

or disposition of the property pending the conclusion of any appeal

of the criminal case giving rise to the forfeiture, if the

applicant demonstrates that proceeding with the sale or disposition

of the property will result in irreparable injury, harm, or loss to

him.

(i) Authority of the Attorney General

With respect to property ordered forfeited under this section,

the Attorney General is authorized to -

(1) grant petitions for mitigation or remission of forfeiture,

restore forfeited property to victims of a violation of this

subchapter, or take any other action to protect the rights of

innocent persons which is in the interest of justice and which is

not inconsistent with the provisions of this section;

(2) compromise claims arising under this section;

(3) award compensation to persons providing information

resulting in a forfeiture under this section;

(4) direct the disposition by the United States, in accordance

with the provisions of section 881(e) of this title, of all

property ordered forfeited under this section by public sale or

any other commercially feasible means, making due provision for

the rights of innocent persons; and

(5) take appropriate measures necessary to safeguard and

maintain property ordered forfeited under this section pending

its disposition.

(j) Applicability of civil forfeiture provisions

Except to the extent that they are inconsistent with the

provisions of this section, the provisions of section 881(d) of

this title shall apply to a criminal forfeiture under this section.

(k) Bar on intervention

Except as provided in subsection (n) of this section, no party

claiming an interest in property subject to forfeiture under this

section may -

(1) intervene in a trial or appeal of a criminal case involving

the forfeiture of such property under this section; or

(2) commence an action at law or equity against the United

States concerning the validity of his alleged interest in the

property subsequent to the filing of an indictment or information

alleging that the property is subject to forfeiture under this

section.

(l) Jurisdiction to enter orders

The district courts of the United States shall have jurisdiction

to enter orders as provided in this section without regard to the

location of any property which may be subject to forfeiture under

this section or which has been ordered forfeited under this

section.

(m) Depositions

In order to facilitate the identification and location of

property declared forfeited and to facilitate the disposition of

petitions for remission or mitigation of forfeiture, after the

entry of an order declaring property forfeited to the United

States, the court may, upon application of the United States, order

that the testimony of any witness relating to the property

forfeited be taken by deposition and that any designated book,

paper, document, record, recording, or other material not

privileged be produced at the same time and place, in the same

manner as provided for the taking of depositions under Rule 15 of

the Federal Rules of Criminal Procedure.

(n) Third party interests

(1) Following the entry of an order of forfeiture under this

section, the United States shall publish notice of the order and of

its intent to dispose of the property in such manner as the

Attorney General may direct. The Government may also, to the

extent practicable, provide direct written notice to any person

known to have alleged an interest in the property that is the

subject of the order of forfeiture as a substitute for published

notice as to those persons so notified.

(2) Any person, other than the defendant, asserting a legal

interest in property which has been ordered forfeited to the United

States pursuant to this section may, within thirty days of the

final publication of notice or his receipt of notice under

paragraph (1), whichever is earlier, petition the court for a

hearing to adjudicate the validity of his alleged interest in the

property. The hearing shall be held before the court alone,

without a jury.

(3) The petition shall be signed by the petitioner under penalty

of perjury and shall set forth the nature and extent of the

petitioner's right, title, or interest in the property, the time

and circumstances of the petitioner's acquisition of the right,

title, or interest in the property, any additional facts supporting

the petitioner's claim, and the relief sought.

(4) The hearing on the petition shall, to the extent practicable

and consistent with the interests of justice, be held within thirty

days of the filing of the petition. The court may consolidate the

hearing on the petition with a hearing on any other petition filed

by a person other than the defendant under this subsection.

(5) At the hearing, the petitioner may testify and present

evidence and witnesses on his own behalf, and cross-examine

witnesses who appear at the hearing. The United States may present

evidence and witnesses in rebuttal and in defense of its claim to

the property and cross-examine witnesses who appear at the

hearing. In addition to testimony and evidence presented at the

hearing, the court shall consider the relevant portions of the

record of the criminal case which resulted in the order of

forfeiture.

(6) If, after the hearing, the court determines that the

petitioner has established by a preponderance of the evidence that

(A) the petitioner has a legal right, title, or interest in the

property, and such right, title, or interest renders the order of

forfeiture invalid in whole or in part because the right, title,

or interest was vested in the petitioner rather than the

defendant or was superior to any right, title, or interest of the

defendant at the time of the commission of the acts which gave

rise to the forfeiture of the property under this section; or

(B) the petitioner is a bona fide purchaser for value of the

right, title, or interest in the property and was at the time of

purchase reasonably without cause to believe that the property

was subject to forfeiture under this section;

the court shall amend the order of forfeiture in accordance with

its determination.

(7) Following the court's disposition of all petitions filed

under this subsection, or if no such petitions are filed following

the expiration of the period provided in paragraph (2) for the

filing of such petitions, the United States shall have clear title

to property that is the subject of the order of forfeiture and may

warrant good title to any subsequent purchaser or transferee.

(o) Construction

The provisions of this section shall be liberally construed to

effectuate its remedial purposes.

(p) Forfeiture of substitute property

(1) In general

Paragraph (2) of this subsection shall apply, if any property

described in subsection (a) of this section, as a result of any

act or omission of the defendant -

(A) cannot be located upon the exercise of due diligence;

(B) has been transferred or sold to, or deposited with, a

third party;

(D) has been substantially diminished in value; or

(E) has been commingled with other property which cannot be

divided without difficulty.

(2) Substitute property

In any case described in any of subparagraphs (A) through (E)

of paragraph (1), the court shall order the forfeiture of any

other property of the defendant, up to the value of any property

described in subparagraphs (A) through (E) of paragraph (1), as

applicable.

(3) Return of property to jurisdiction

In the case of property described in paragraph (1)(C), the

court may, in addition to any other action authorized by this

subsection, order the defendant to return the property to the

jurisdiction of the court so that the property may be seized and

forfeited.

(q) Restitution for cleanup of clandestine laboratory sites

The court, when sentencing a defendant convicted of an offense

under this subchapter or subchapter II of this chapter involving

the manufacture of amphetamine or methamphetamine, shall -

(1) order restitution as provided in sections 3612 and 3664 of

title 18;

(2) order the defendant to reimburse the United States, the

State or local government concerned, or both the United States

and the State or local government concerned for the costs

incurred by the United States or the State or local government

concerned, as the case may be, for the cleanup associated with

the manufacture of amphetamine or methamphetamine by the

defendant; and

(3) order restitution to any person injured as a result of the

offense as provided in section 3663A of title 18.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 413, as added and amended Pub. L.

98-473, title II, Sec. 303, 2301(d)-(f), Oct. 12, 1984, 98 Stat.

2044, 2192, 2193; Pub. L. 99-570, title I, Sec. 1153(b), 1864, Oct.

27, 1986, 100 Stat. 3207-13, 3207-54; Pub. L. 104-237, title II,

Sec. 207, Oct. 3, 1996, 110 Stat. 3104; Pub. L. 106-310, div. B,

title XXXVI, Sec. 3613(a), Oct. 17, 2000, 114 Stat. 1229; Pub. L.

107-56, title III, Sec. 319(d), Oct. 26, 2001, 115 Stat. 314.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Evidence, referred to in subsec. (e)(3), are

set out in the Appendix to Title 28, Judiciary and Judicial

Procedure.

The Federal Rules of Criminal Procedure, referred to in subsec.

(m), are set out in the Appendix to Title 18, Crimes and Criminal

Procedure.

-MISC2-

AMENDMENTS

2001 - Subsec. (e)(4). Pub. L. 107-56, Sec. 319(d)(2), added par.

(4).

Subsec. (p). Pub. L. 107-56, Sec. 319(d)(1), inserted heading and

amended text of subsec. (p) generally. Prior to amendment, text

read as follows: ''If any of the property described in subsection

(a) of this section, as a result of any act or omission of the

defendant -

''(1) cannot be located upon the exercise of due diligence;

''(2) has been transferred or sold to, or deposited with, a

third party;

''(3) has been placed beyond the jurisdiction of the court;

''(4) has been substantially diminished in value; or

''(5) has been commingled with other property which cannot be

divided without difficulty;

the court shall order the forfeiture of any other property of the

defendant up to the value of any property described in paragraphs

(1) through (5).''

2000 - Subsec. (q). Pub. L. 106-310, Sec. 3613(a)(1), (2), in

introductory provisions, inserted ''amphetamine or'' before

''methamphetamine'' and substituted ''shall'' for ''may''.

Subsec. (q)(2). Pub. L. 106-310, Sec. 3613(a)(2), (3), inserted

'', the State or local government concerned, or both the United

States and the State or local government concerned'' after ''to

reimburse the United States'', ''or the State or local government

concerned, as the case may be,'' after ''costs incurred by the

United States'', and ''amphetamine or'' before ''methamphetamine''.

Subsec. (q)(3). Pub. L. 106-310, Sec. 3613(a)(4), substituted

''section 3663A of title 18'' for ''section 3663 of title 18''.

1996 - Subsec. (q). Pub. L. 104-237 added subsec. (q).

1986 - Subsec. (c). Pub. L. 99-570, Sec. 1864(1), substituted

''subsection (n)'' for ''subsection (o)''.

Subsec. (f). Pub. L. 99-570, Sec. 1864(2), substituted

''subsection (e)'' for ''subsection (f)''.

Subsec. (i)(1). Pub. L. 99-570, Sec. 1864(3), substituted ''this

subchapter'' for ''this chapter''.

Subsec. (k). Pub. L. 99-570, Sec. 1864(1), (4), which directed

the substitution of ''subsection (n)'' for ''subsection (o)'' in

''the second subsection (h)'', and directed the redesignation of

''the second subsection (h)'' as subsection (k), were executed to

this subsection because the ''second subsection (h)'' had been

editorially redesignated subsec. (k) to reflect the probable intent

of Congress. See 1984 Amendment note below.

Subsec. (p). Pub. L. 99-570, Sec. 1153(b), which directed that

''section 413 of title II of the Comprehensive Drug Abuse

Prevention and Control Act of 1975'' be amended ''by redesignating

subsection '(p)' as subsection '(q)' '' and adding subsec. (p) was

executed to this section, which is section 413 of the Comprehensive

Drug Abuse Prevention and Control Act of 1970, as the probable

intent of Congress, by adding a subsec. (p) in view of the prior

redesignation of subsec. (p) as (o) by Pub. L. 98-473, Sec.

2301(e)(2). See 1984 Amendment note below.

1984 - Subsec. (a). Pub. L. 98-473, Sec. 2301(d), inserted ''In

lieu of a fine otherwise authorized by this part, a defendant who

derives profits or other proceeds from an offense may be fined not

more than twice the gross profits or other proceeds.''

Subsec. (d). Pub. L. 98-473, Sec. 2301(e), struck out subsec. (d)

which related to forfeiture of property other than that described

in subsec. (a) and the conditions therefor, and redesignated former

subsec. (e) as (d).

Subsecs. (e) to (p). Pub. L. 98-473, Sec. 2301(e)(2), which

directed that this section be amended by redesignating subsecs.

(e), (f), (g), (h), (i), (l), (m), (n), (o), and (p) as subsecs.

(d), (e), (f), (g), (h), (i), (j), (h), (l), (m), (n), and (o),

respectively, was executed by redesignating subsecs. (e) to (p) as

(d) to (o), respectively, to give effect to the probable intent of

Congress.

Subsec. (n)(1). Pub. L. 98-473, Sec. 2301(f), struck out ''for at

least seven successive court days'' after ''to dispose of the

property''.

TERMINATION DATE OF 2001 AMENDMENT

Amendments by title III of Pub. L. 107-56 to terminate effective

on and after the first day of fiscal year 2005 if Congress enacts a

joint resolution that such amendments no longer have the force of

law, see section 303 of Pub. L. 107-56, set out as a Four-Year

Congressional Review; Expedited Consideration note under section

5311 of Title 31, Money and Finance.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 333, 848, 970 of this

title; title 18 sections 38, 229B, 793, 794, 798, 982, 986, 1028,

1029, 1834, 3554; title 28 sections 524, 2461; title 31 sections

5317, 5332; title 33 section 1415; title 42 section 1786; title 50

section 783.

-CITE-

21 USC Sec. 853a 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part D - Offenses and Penalties

-HEAD-

Sec. 853a. Transferred

-COD-

CODIFICATION

Section, Pub. L. 100-690, title V, Sec. 5301, Nov. 18, 1988, 102

Stat. 4310, which related to denial of Federal benefits to drug

traffickers and possessors, was renumbered section 421 of the

Controlled Substances Act by Pub. L. 101-647, title X, Sec.

1002(d)(1), Nov. 29, 1990, 104 Stat. 4827, and is classified to

section 862 of this title.

-CITE-

21 USC Sec. 854 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part D - Offenses and Penalties

-HEAD-

Sec. 854. Investment of illicit drug profits

-STATUTE-

(a) Prohibition

It shall be unlawful for any person who has received any income

derived, directly or indirectly, from a violation of this

subchapter or subchapter II of this chapter punishable by

imprisonment for more than one year in which such person has

participated as a principal within the meaning of section 2 of

title 18, to use or invest, directly or indirectly, any part of

such income, or the proceeds of such income, in acquisition of any

interest in, or the establishment or operation of, any enterprise

which is engaged in, or the activities of which affect interstate

or foreign commerce. A purchase of securities on the open market

for purposes of investment, and without the intention of

controlling or participating in the control of the issuer, or of

assisting another to do so, shall not be unlawful under this

section if the securities of the issuer held by the purchaser, the

members of his immediate family, and his or their accomplices in

any violation of this subchapter or subchapter II of this chapter

after such purchase do not amount in the aggregate to 1 per centum

of the outstanding securities of any one class, and do not confer,

either in law or in fact, the power to elect one or more directors

of the issuer.

(b) Penalty

Whoever violates this section shall be fined not more than

$50,000 or imprisoned not more than ten years, or both.

As used in this section, the term ''enterprise'' includes any

individual, partnership, corporation, association, or other legal

entity, and any union or group of individuals associated in fact

although not a legal entity.

(d) Construction

The provisions of this section shall be liberally construed to

effectuate its remedial purposes.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 414, as added Pub. L. 98-473, title

II, Sec. 303, Oct. 12, 1984, 98 Stat. 2049.)

-CITE-

21 USC Sec. 855 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part D - Offenses and Penalties

-HEAD-

Sec. 855. Alternative fine

-STATUTE-

In lieu of a fine otherwise authorized by this part, a defendant

who derives profits or other proceeds from an offense may be fined

not more than twice the gross profits or other proceeds.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 415, as added Pub. L. 98-473, title

II, Sec. 2302, Oct. 12, 1984, 98 Stat. 2193.)

-CITE-

21 USC Sec. 856 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part D - Offenses and Penalties

-HEAD-

Sec. 856. Establishment of manufacturing operations

-STATUTE-

(a) Unlawful acts

Except as authorized by this subchapter, it shall be unlawful to

(1) knowingly open or maintain any place for the purpose of

manufacturing, distributing, or using any controlled substance;

(2) manage or control any building, room, or enclosure, either

as an owner, lessee, agent, employee, or mortgagee, and knowingly

and intentionally rent, lease, or make available for use, with or

without compensation, the building, room, or enclosure for the

purpose of unlawfully manufacturing, storing, distributing, or

using a controlled substance.

(b) Penalties

Any person who violates subsection (a) of this section shall be

sentenced to a term of imprisonment of not more than 20 years or a

fine of not more than $500,000, or both, or a fine of $2,000,000

for a person other than an individual.

A violation of subsection (a) of this section shall be considered

an offense against property for purposes of section

3663A(c)(1)(A)(ii) of title 18.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 416, as added Pub. L. 99-570, title

I, Sec. 1841(a), Oct. 27, 1986, 100 Stat. 3207-52; amended Pub. L.

106-310, div. B, title XXXVI, Sec. 3613(e), Oct. 17, 2000, 114

Stat. 1230.)

-MISC1-

AMENDMENTS

2000 - Subsec. (c). Pub. L. 106-310 added subsec. (c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 849, 860 of this title;

title 18 sections 3663, 3663A.

-CITE-

21 USC Sec. 857 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part D - Offenses and Penalties

-HEAD-

Sec. 857. Repealed. Pub. L. 101-647, title XXIV, Sec. 2401(d), Nov.

29, 1990, 104 Stat. 4859

-MISC1-

Section, Pub. L. 99-570, title I, Sec. 1822, Oct. 27, 1986, 100

Stat. 3207-51; Pub. L. 100-690, title VI, Sec. 6485, Nov. 18, 1988,

102 Stat. 4384; Pub. L. 101-647, title XXIV, Sec. 2401(b), Nov. 29,

1990, 104 Stat. 4859, related to interstate and foreign sale and

transportation of drug paraphernalia.

Subsec. (a), which related to unlawful acts, was repealed.

Subsecs. (b) to (f) were redesignated as subsecs. (b) to (f) of

section 422 of the Controlled Substances Act by section 2401(b) of

Pub. L. 101-647 and transferred to section 863(b) to (f) of this

title.

EFFECTIVE DATE

Section 1823 of Pub. L. 99-570 which provided that subtitle O

(Sec. 1821-1823) of title I of Pub. L. 99-570, enacting this

section and provisions set out as a note under section 801 of this

title, was to become effective 90 days after Oct. 27, 1986, was

repealed by Pub. L. 101-647, title XXIV, Sec. 2401(d), Nov. 29,

1990, 104 Stat. 4859.

-CITE-

21 USC Sec. 858 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part D - Offenses and Penalties

-HEAD-

Sec. 858. Endangering human life while illegally manufacturing

controlled substance

-STATUTE-

Whoever, while manufacturing a controlled substance in violation

of this subchapter, or attempting to do so, or transporting or

causing to be transported materials, including chemicals, to do so,

creates a substantial risk of harm to human life shall be fined in

accordance with title 18 or imprisoned not more than 10 years, or

both.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 417, as added Pub. L. 100-690,

title VI, Sec. 6301(a), Nov. 18, 1988, 102 Stat. 4370.)

-CITE-

21 USC Sec. 859 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part D - Offenses and Penalties

-HEAD-

Sec. 859. Distribution to persons under age twenty-one

-STATUTE-

(a) First offense

Except as provided in section 860 of this title, any person at

least eighteen years of age who violates section 841(a)(1) of this

title by distributing a controlled substance to a person under

twenty-one years of age is (except as provided in subsection (b) of

this section) subject to (1) twice the maximum punishment

authorized by section 841(b) of this title, and (2) at least twice

any term of supervised release authorized by section 841(b) of this

title, for a first offense involving the same controlled substance

and schedule. Except to the extent a greater minimum sentence is

otherwise provided by section 841(b) of this title, a term of

imprisonment under this subsection shall be not less than one

year. The mandatory minimum sentencing provisions of this

subsection shall not apply to offenses involving 5 grams or less of

marihuana.

(b) Second offense

Except as provided in section 860 of this title, any person at

least eighteen years of age who violates section 841(a)(1) of this

title by distributing a controlled substance to a person under

twenty-one years of age after a prior conviction under subsection

(a) of this section (or under section 333(b) of this title as in

effect prior to May 1, 1971) has become final, is subject to (1)

three times the maximum punishment authorized by section 841(b) of

this title, and (2) at least three times any term of supervised

release authorized by section 841(b) of this title, for a second or

subsequent offense involving the same controlled substance and

schedule. Except to the extent a greater minimum sentence is

otherwise provided by section 841(b) of this title, a term of

imprisonment under this subsection shall be not less than one

year. Penalties for third and subsequent convictions shall be

governed by section 841(b)(1)(A) of this title.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 418, formerly Sec. 405, Oct. 27,

1970, 84 Stat. 1265; Pub. L. 98-473, title II, Sec. 224(b),

503(b)(3), Oct. 12, 1984, 98 Stat. 2030, 2070; Pub. L. 99-570,

title I, Sec. 1004(a), 1005(b)(1), 1105(a), (b), Oct. 27, 1986, 100

Stat. 3207-6, 3207-11; Pub. L. 100-690, title VI, Sec. 6452(b),

6455, 6456, Nov. 18, 1988, 102 Stat. 4371, 4372; renumbered Sec.

418 and amended Pub. L. 101-647, title X, Sec. 1002(a), 1003(a),

title XXXV, Sec. 3599L, Nov. 29, 1990, 104 Stat. 4827, 4828, 4932.)

-COD-

CODIFICATION

Section was classified to section 845 of this title prior to

renumbering by Pub. L. 101-647.

-MISC3-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-647, Sec. 1003(a)(1), substituted

''subject to (1) twice the maximum punishment authorized by section

841(b) of this title'' for ''punishable by (1) a term of

imprisonment, or a fine, or both, up to twice that authorized by

section 841(b) of this title''.

Pub. L. 101-647, Sec. 1002(a)(2)(A), substituted ''section 860''

for ''section 845a''.

Subsec. (b). Pub. L. 101-647, Sec. 3599L, substituted ''has

become final'' for ''have become final''.

Pub. L. 101-647, Sec. 1003(a)(2), substituted ''subject to (1)

three times the maximum punishment authorized by section 841(b) of

this title'' for ''punishable by (1) a term of imprisonment, or a

fine, or both, up to three times that authorized by section 841(b)

of this title''.

Pub. L. 101-647, Sec. 1002(a)(2)(B), substituted ''section 860''

for ''section 845a''.

1988 - Subsec. (a). Pub. L. 100-690, Sec. 6455, inserted at end

''The mandatory minimum sentencing provisions of this subsection

shall not apply to offenses involving 5 grams or less of

marihuana.''

Subsec. (b). Pub. L. 100-690, Sec. 6452(b), struck out ''or

subsequent'' after ''Second'' in heading, and in text struck out

''or convictions'' after ''a prior conviction'', and inserted at

end ''Penalties for third and subsequent convictions shall be

governed by section 841(b)(1)(A) of this title.''

Pub. L. 100-690, Sec. 6456, struck out ''The mandatory minimum

sentencing provisions of this paragraph shall not apply to offenses

involving 5 grams or less of marihuana.''

1986 - Subsec. (a). Pub. L. 99-570, Sec. 1105(a), inserted

''Except to the extent a greater minimum sentence is otherwise

provided by section 841(b) of this title, a term of imprisonment

under this subsection shall be not less than one year.''

Pub. L. 99-570, Sec. 1004(a), substituted ''term of supervised

release'' for ''special parole term''.

Subsec. (b). Pub. L. 99-570, Sec. 1105(b), inserted ''Except to

the extent a greater minimum sentence is otherwise provided by

section 841(b) of this title, a term of imprisonment under this

subsection shall be not less than one year. The mandatory minimum

sentencing provisions of this paragraph shall not apply to offenses

involving 5 grams or less of marihuana.''

Pub. L. 99-570, Sec. 1004(a), substituted ''term of supervised

release'' for ''special parole term''.

1984 - Subsecs. (a), (b). Pub. L. 98-473, Sec. 503(b)(3),

substituted ''Except as provided in section 845a of this title,

any'' for ''Any''.

Pub. L. 98-473, Sec. 224(b), which directed amendment of this

section 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(b)(1).

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by section 1004(a) of Pub. L. 99-570 effective on date

of taking effect of section 3583 of Title 18, Crimes and Criminal

Procedure (Nov. 1, 1987), see section 1004(b) of Pub. L. 99-570 set

out as a note under section 841 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 841 of this title; title

18 section 3592.

-CITE-

21 USC Sec. 860 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part D - Offenses and Penalties

-HEAD-

Sec. 860. Distribution or manufacturing in or near schools and

colleges

-STATUTE-

(a) Penalty

Any person who violates section 841(a)(1) of this title or

section 856 of this title by distributing, possessing with intent

to distribute, or manufacturing a controlled substance in or on, or

within one thousand feet of, the real property comprising a public

or private elementary, vocational, or secondary school or a public

or private college, junior college, or university, or a playground,

or housing facility owned by a public housing authority, or within

100 feet of a public or private youth center, public swimming pool,

or video arcade facility, is (except as provided in subsection (b)

of this section) subject to (1) twice the maximum punishment

authorized by section 841(b) of this title; and (2) at least twice

any term of supervised release authorized by section 841(b) of this

title for a first offense. A fine up to twice that authorized by

section 841(b) of this title may be imposed in addition to any term

of imprisonment authorized by this subsection. Except to the

extent a greater minimum sentence is otherwise provided by section

841(b) of this title, a person shall be sentenced under this

subsection to a term of imprisonment of not less than one year.

The mandatory minimum sentencing provisions of this paragraph shall

not apply to offenses involving 5 grams or less of marihuana.

(b) Second offenders

Any person who violates section 841(a)(1) of this title or

section 856 of this title by distributing, possessing with intent

to distribute, or manufacturing a controlled substance in or on, or

within one thousand feet of, the real property comprising a public

or private elementary, vocational, or secondary school or a public

or private college, junior college, or university, or a playground,

or housing facility owned by a public housing authority, or within

100 feet of a public or private youth center, public swimming pool,

or video arcade facility, after a prior conviction under subsection

(a) of this section has become final is punishable (1) by the

greater of (A) a term of imprisonment of not less than three years

and not more than life imprisonment or (B) three times the maximum

punishment authorized by section 841(b) of this title for a first

offense, and (2) at least three times any term of supervised

release authorized by section 841(b) of this title for a first

offense. A fine up to three times that authorized by section

841(b) of this title may be imposed in addition to any term of

imprisonment authorized by this subsection. Except to the extent a

greater minimum sentence is otherwise provided by section 841(b) of

this title, a person shall be sentenced under this subsection to a

term of imprisonment of not less than three years. Penalties for

third and subsequent convictions shall be governed by section

841(b)(1)(A) of this title.

playgrounds

Notwithstanding any other law, any person at least 21 years of

age who knowingly and intentionally -

(1) employs, hires, uses, persuades, induces, entices, or

coerces a person under 18 years of age to violate this section;

(2) employs, hires, uses, persuades, induces, entices, or

coerces a person under 18 years of age to assist in avoiding

detection or apprehension for any offense under this section by

any Federal, State, or local law enforcement official,

is punishable by a term of imprisonment, a fine, or both, up to

triple those authorized by section 841 of this title.

(d) Suspension of sentence; probation; parole

In the case of any mandatory minimum sentence imposed under this

section, imposition or execution of such sentence shall not be

suspended and probation shall not be granted. An individual

convicted under this section shall not be eligible for parole until

the individual has served the mandatory minimum term of

imprisonment as provided by this section.

(e) Definitions

For the purposes of this section -

(1) The term ''playground'' means any outdoor facility

(including any parking lot appurtenant thereto) intended for

recreation, open to the public, and with any portion thereof

containing three or more separate apparatus intended for the

recreation of children including, but not limited to, sliding

boards, swingsets, and teeterboards.

(2) The term ''youth center'' means any recreational facility

and/or gymnasium (including any parking lot appurtenant thereto),

intended primarily for use by persons under 18 years of age,

which regularly provides athletic, civic, or cultural activities.

(3) The term ''video arcade facility'' means any facility,

legally accessible to persons under 18 years of age, intended

primarily for the use of pinball and video machines for amusement

containing a minimum of ten pinball and/or video machines.

(4) The term ''swimming pool'' includes any parking lot

appurtenant thereto.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 419, formerly Sec. 405A, as added

Pub. L. 98-473, title II, Sec. 503(a), Oct. 12, 1984, 98 Stat.

2069; amended Pub. L. 99-570, title I, Sec. 1004(a), 1104, 1105(c),

1841(b), 1866(b), (c), Oct. 27, 1986, 100 Stat. 3207-6, 3207-11,

3207-52, 3207-55; Pub. L. 99-646, Sec. 28, Nov. 10, 1986, 100 Stat.

3598; Pub. L. 100-690, title VI, Sec. 6452(b)(1), 6457, 6458, Nov.

18, 1988, 102 Stat. 4371, 4373; renumbered Sec. 419 and amended

Pub. L. 101-647, title X, Sec. 1002(b), 1003(b), title XII, Sec.

1214, title XV, Sec. 1502, title XXXV, Sec. 3599L, Nov. 29, 1990,

104 Stat. 4827, 4829, 4833, 4836, 4932; Pub. L. 103-322, title XIV,

Sec. 140006, title XXXII, Sec. 320107, title XXXIII, Sec.

330009(a), Sept. 13, 1994, 108 Stat. 2032, 2111, 2143.)

-COD-

CODIFICATION

Section was classified to section 845a of this title prior to

renumbering by Pub. L. 101-647.

-MISC3-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-322, Sec. 320107, substituted

''playground, or housing facility owned by a public housing

authority, or within'' for ''playground, or within''.

Subsec. (b). Pub. L. 103-322, Sec. 320107, 330009(a), substituted

''playground, or housing facility owned by a public housing

authority, or within'' for ''playground, or within'' and inserted a

period at end of penultimate sentence.

Subsecs. (c) to (e). Pub. L. 103-322, Sec. 140006, added subsec.

respectively.

1990 - Subsec. (a). Pub. L. 101-647, Sec. 1502(1), inserted ''or

a playground,'' after ''university,'' and struck out

''playground,'' after ''within 100 feet of a''.

Pub. L. 101-647, Sec. 1214(1)(C), substituted ''a person shall be

sentenced under this subsection to a term of imprisonment of not

less than one year'' for ''a term of imprisonment under this

subsection shall be not less than one year''.

Pub. L. 101-647, Sec. 1214(1)(B), inserted ''A fine up to twice

that authorized by section 841(b) of this title may be imposed in

addition to any term of imprisonment authorized by this

subsection.''

Pub. L. 101-647, Sec. 1214(1)(A), which directed the amendment of

par. (1) by striking out '', or a fine, or both,'' could not be

executed because those words did not appear. See note below.

Pub. L. 101-647, Sec. 1003(b)(1), which directed the substitution

of ''subject to (1) twice the maximum punishment authorized by

section 841(b) of this title'' for ''punishable (1) by a term of

imprisonment, or a fine, or both, up to twice that authorized by

section 841(b) of this title'', was executed by making the

substitution for ''punishable (1) by a term of imprisonment, or

fine, or both, up to twice that authorized by section 841(b) of

this title'' to reflect the probable intent of Congress.

Subsec. (b). Pub. L. 101-647, Sec. 3599L, substituted ''has

become final'' for ''have become final''.

Pub. L. 101-647, Sec. 1502(2), inserted ''or a playground,''

after ''university,'' and struck out ''playground,'' after ''within

100 feet of a''.

Pub. L. 101-647, Sec. 1214(2)(B), inserted after first sentence

''A fine up to three times that authorized by section 841(b) of

this title may be imposed in addition to any term of imprisonment

authorized by this subsection. Except to the extent a greater

minimum sentence is otherwise provided by section 841(b) of this

title, a person shall be sentenced under this subsection to a term

of imprisonment of not less than three years''.

Subsec. (b)(1)(B). Pub. L. 101-647, Sec. 1214(2)(A), which

directed the amendment of subpar. (B) by striking '', or a fine up

to three times that'' through ''or both'', could not be executed

because the language did not appear after execution of the

intervening amendment by Pub. L. 101-647, Sec. 1003(b)(2). See

below.

Pub. L. 101-647, Sec. 1003(b)(2), substituted ''three times the

maximum punishment authorized by section 841(b) of this title for a

first offense'' for ''a term of imprisonment of up to three times

that authorized by section 841(b) of this title for a first

offense, or a fine up to three times that authorized by section

841(b) of this title for a first offense, or both''.

Subsec. (c). Pub. L. 101-647, Sec. 1214(3), inserted ''mandatory

minimum'' after ''In the case of any'', struck out ''subsection (b)

of'' after ''imposed under'', and substituted ''An individual

convicted under this section shall not be eligible for parole until

the individual has served the mandatory minimum term of

imprisonment as provided by this section'' for ''An individual

convicted under subsection (b) of this section shall not be

eligible for parole under chapter 311 of title 18 until the

individual has served the minimum sentence required by such

subsection''.

1988 - Subsec. (a). Pub. L. 100-690, Sec. 6457, 6458(a), inserted

'', possessing with intent to distribute,'' after ''distributing''

and '', or within 100 feet of a playground, public or private youth

center, public swimming pool, or video arcade facility,'' after

''university''.

Subsec. (b). Pub. L. 100-690, Sec. 6452(b)(1), 6457, 6458(a),

inserted '', possessing with intent to distribute,'' after

''distributing'', and '', or within 100 feet of a playground,

public or private youth center, public swimming pool, or video

arcade facility,'' after ''university'', substituted ''a prior

conviction'' for ''a prior conviction or convictions'', and

inserted at end ''Penalties for third and subsequent convictions

shall be governed by section 841(b)(1)(A) of this title.''

Subsec. (d). Pub. L. 100-690, Sec. 6458(b), added subsec. (d).

1986 - Subsec. (a). Pub. L. 99-570, Sec. 1104(a), (b), 1105(c),

1841(b)(1), inserted ''or section 856 of this title'' and ''or

manufacturing'', substituted ''a public or private elementary,

vocational, or secondary school or a public or private college,

junior college, or university'' for ''a public or private

elementary or secondary school'', struck out ''involving the same

controlled substance and schedule'' after ''for a first offense'',

and inserted ''Except to the extent a greater minimum sentence is

otherwise provided by section 841(b) of this title, a term of

imprisonment under this subsection shall be not less than one

year. The mandatory minimum sentencing provisions of this

paragraph shall not apply to offenses involving 5 grams or less of

marihuana.''

Pub. L. 99-570, Sec. 1004(a), substituted ''term of supervised

release'' for ''special parole term''.

Subsec. (b). Pub. L. 99-646 which directed that ''parole'' be

inserted after ''(2) at least three times any special'' could not

be executed in view of prior amendment by Pub. L. 99-570, Sec.

1104(c) below.

Pub. L. 99-570, Sec. 1166(b), which directed that ''term of

supervised release'' be substituted for ''special term'' could not

be executed in view of prior amendment by Pub. L. 99-570, Sec.

1104(c) below.

Pub. L. 99-570, Sec. 1104(a), 1841(b)(2), inserted reference to

section 856 of this title, inserted ''or manufacturing'' after

''distributing'' and substituted ''a public or private elementary,

vocational, or secondary school or a public or private college,

junior college, or university'' for ''a public or private

elementary or secondary school''.

Pub. L. 99-570, Sec. 1104(c), amended cls. (1) and (2)

generally. Prior to amendment, cls. (1) and (2) read as follows:

''(1) by a term of imprisonment of not less than three years and

not more than life imprisonment and (2) at least three times any

special term authorized by section 841(b) of this title for a

second or subsequent offense involving the same controlled

substance and schedule.''

Subsec. (c). Pub. L. 99-570, Sec. 1866(c), substituted reference

to chapter 311 of title 18 for reference to section 4202 of that

title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by section 1004(a) of Pub. L. 99-570 effective on date

of taking effect of section 3583 of Title 18, Crimes and Criminal

Procedure (Nov. 1, 1987), see section 1004(b) of Pub. L. 99-570 set

out as a note under section 841 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 841, 859 of this title;

title 18 section 3592; title 42 section 14051.

-CITE-

21 USC Sec. 861 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part D - Offenses and Penalties

-HEAD-

Sec. 861. Employment or use of persons under 18 years of age in

drug operations

-STATUTE-

(a) Unlawful acts

It shall be unlawful for any person at least eighteen years of

age to knowingly and intentionally -

(1) employ, hire, use, persuade, induce, entice, or coerce, a

person under eighteen years of age to violate any provision of

this subchapter or subchapter II of this chapter;

(2) employ, hire, use, persuade, induce, entice, or coerce, a

person under eighteen years of age to assist in avoiding

detection or apprehension for any offense of this subchapter or

subchapter II of this chapter by any Federal, State, or local law

enforcement official; or

(3) receive a controlled substance from a person under 18 years

of age, other than an immediate family member, in violation of

this subchapter or subchapter II of this chapter.

(b) Penalty for first offense

Any person who violates subsection (a) of this section is subject

to twice the maximum punishment otherwise authorized and at least

twice any term of supervised release otherwise authorized for a

first offense. Except to the extent a greater minimum sentence is

otherwise provided, a term of imprisonment under this subsection

shall not be less than one year.

Any person who violates subsection (a) of this section after a

prior conviction under subsection (a) of this section has become

final, is subject to three times the maximum punishment otherwise

authorized and at least three times any term of supervised release

otherwise authorized for a first offense. Except to the extent a

greater minimum sentence is otherwise provided, a term of

imprisonment under this subsection shall not be less than one

year. Penalties for third and subsequent convictions shall be

governed by section 841(b)(1)(A) of this title.

(d) Penalty for providing or distributing controlled substance to

underage person

Any person who violates subsection (a)(1) or (2) of this section

(FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should be followed by a

dash.

(1) by knowingly providing or distributing a controlled

substance or a controlled substance analogue to any person under

eighteen years of age; or

(2) if the person employed, hired, or used is fourteen years of

age or younger,

shall be subject to a term of imprisonment for not more than five

years or a fine of not more than $50,000, or both, in addition to

any other punishment authorized by this section.

(e) Suspension of sentence; probation; parole

In any case of any sentence imposed under this section,

imposition or execution of such sentence shall not be suspended and

probation shall not be granted. An individual convicted under this

section of an offense for which a mandatory minimum term of

imprisonment is applicable shall not be eligible for parole under

section 4202 of title 18 (FOOTNOTE 2) until the individual has

served the mandatory term of imprisonment as enhanced by this

section.

(FOOTNOTE 2) See References in Text note below.

(f) Distribution of controlled substance to pregnant individual

Except as authorized by this subchapter, it shall be unlawful for

any person to knowingly or intentionally provide or distribute any

controlled substance to a pregnant individual in violation of any

provision of this subchapter. Any person who violates this

subsection shall be subject to the provisions of subsections (b),

(c), and (e) of this section.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 420, formerly Sec. 405B, as added

Pub. L. 99-570, title I, Sec. 1102, Oct. 27, 1986, 100 Stat.

3207-10; amended Pub. L. 100-690, title VI, Sec. 6452(b)(1), 6459,

6470(d), Nov. 18, 1988, 102 Stat. 4371, 4373, 4378; renumbered Sec.

420 and amended Pub. L. 101-647, title X, Sec. 1002(c), 1003(c),

title XXXV, Sec. 3599L, Nov. 29, 1990, 104 Stat. 4827, 4829, 4932.)

-REFTEXT-

REFERENCES IN TEXT

Section 4202 of title 18, referred to in subsec. (e), which, as

originally enacted in Title 18, Crimes and Criminal Procedure,

related to eligibility of prisoners for parole, was repealed and a

new section 4202 enacted as part of the repeal and enactment of a

new chapter 311 (Sec. 4201 et seq.) of Title 18, by Pub. L. 94-233,

Sec. 2, Mar. 15, 1976, 90 Stat. 219. For provisions relating to the

eligibility of prisoners for parole, see section 4205 of Title 18.

Pub. L. 98-473, title II, Sec. 218(a)(5), 235(a)(1), (b)(1), Oct.

12, 1984, 98 Stat. 2027, 2031, 2032, as amended, provided that,

effective on the first day of the first calendar month beginning 36

months after Oct. 12, 1984 (Nov. 1, 1987), chapter 311 of Title 18

is repealed, subject to remaining effective for five years after

Nov. 1, 1987, in certain circumstances. See Effective Date note

set out under section 3551 of Title 18.

-COD-

CODIFICATION

Section was classified to section 845b of this title prior to

renumbering by Pub. L. 101-647.

-MISC3-

AMENDMENTS

1990 - Subsec. (b). Pub. L. 101-647, Sec. 1003(c)(1), which

directed the substitution of ''is subject to twice the maximum

punishment otherwise authorized'' for ''is punishable by a term of

imprisonment up to twice that authorized, or up to twice the fine

authorized, or both,'' was executed by making the substitution for

''is punishable by a term of imprisonment up to twice that

otherwise authorized, or up to twice the fine otherwise authorized,

or both,'' to reflect the probable intent of Congress.

Subsec. (c). Pub. L. 101-647, Sec. 3599L, substituted ''has

become final'' for ''have become final''.

Pub. L. 101-647, Sec. 1003(c)(2), which directed the substitution

of ''is subject to three times the maximum punishment otherwise

authorized'' for ''is punishable by a term of imprisonment up to

three times that authorized, or up to three times the fine

authorized, or both,'' was executed by making the substitution for

''is punishable by a term of imprisonment up to three times that

otherwise authorized, or up to three times the fine otherwise

authorized, or both,'' to reflect the probable intent of Congress.

1988 - Subsec. (a)(3). Pub. L. 100-690, Sec. 6459, added par.

(3).

Subsec. (c). Pub. L. 100-690, Sec. 6452(b)(1), struck out ''or

convictions'' after ''a prior conviction'' and inserted at end

''Penalties for third and subsequent convictions shall be governed

by section 841(b)(1)(A) of this title.''

Subsec. (e). Pub. L. 100-690, Sec. 6470(d), struck out ''required

by section 841(b) of this title'' after ''mandatory term of

imprisonment''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 841 of this title; title

18 sections 3592, 3663.

-CITE-

21 USC Sec. 862 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part D - Offenses and Penalties

-HEAD-

Sec. 862. Denial of Federal benefits to drug traffickers and

possessors

-STATUTE-

(a) Drug traffickers

(1) Any individual who is convicted of any Federal or State

offense consisting of the distribution of controlled substances

shall -

(A) at the discretion of the court, upon the first conviction

for such an offense be ineligible for any or all Federal benefits

for up to 5 years after such conviction;

(B) at the discretion of the court, upon a second conviction

for such an offense be ineligible for any or all Federal benefits

for up to 10 years after such conviction; and

be permanently ineligible for all Federal benefits.

(2) The benefits which are denied under this subsection shall not

include benefits relating to long-term drug treatment programs for

addiction for any person who, if there is a reasonable body of

evidence to substantiate such declaration, declares himself to be

an addict and submits himself to a long-term treatment program for

addiction, or is deemed to be rehabilitated pursuant to rules

established by the Secretary of Health and Human Services.

(b) Drug possessors

(1) Any individual who is convicted of any Federal or State

offense involving the possession of a controlled substance (as such

term is defined for purposes of this subchapter) shall -

(A) upon the first conviction for such an offense and at the

discretion of the court -

(i) be ineligible for any or all Federal benefits for up to

one year;

(ii) be required to successfully complete an approved drug

treatment program which includes periodic testing to insure

that the individual remains drug free;

(iii) be required to perform appropriate community service;

(iv) any combination of clause (i), (ii), or (iii); and

(B) upon a second or subsequent conviction for such an offense

be ineligible for all Federal benefits for up to 5 years after

such conviction as determined by the court. The court shall

continue to have the discretion in subparagraph (A) above. In

imposing penalties and conditions under subparagraph (A), the

court may require that the completion of the conditions imposed

by clause (ii) or (iii) be a requirement for the reinstatement of

benefits under clause (i).

(2) The penalties and conditions which may be imposed under this

subsection shall be waived in the case of a person who, if there is

a reasonable body of evidence to substantiate such declaration,

declares himself to be an addict and submits himself to a long-term

treatment program for addiction, or is deemed to be rehabilitated

pursuant to rules established by the Secretary of Health and Human

Services.

The period of ineligibility referred to in subsections (a) and

(b) of this section shall be suspended if the individual -

(A) completes a supervised drug rehabilitation program after

becoming ineligible under this section;

(B) has otherwise been rehabilitated; or

supervised drug rehabilitation program, but is unable to do so

because of inaccessibility or unavailability of such a program,

or the inability of the individual to pay for such a program.

(d) Definitions

As used in this section -

(1) the term ''Federal benefit'' -

(A) means the issuance of any grant, contract, loan,

professional license, or commercial license provided by an

agency of the United States or by appropriated funds of the

United States; and

(B) does not include any retirement, welfare, Social

Security, health, disability, veterans benefit, public housing,

or other similar benefit, or any other benefit for which

payments or services are required for eligibility; and

(2) the term ''veterans benefit'' means all benefits provided

to veterans, their families, or survivors by virtue of the

service of a veteran in the Armed Forces of the United States.

(e) Inapplicability of this section to Government witnesses

The penalties provided by this section shall not apply to any

individual who cooperates or testifies with the Government in the

prosecution of a Federal or State offense or who is in a Government

witness protection program.

(f) Indian provision

Nothing in this section shall be construed to affect the

obligation of the United States to any Indian or Indian tribe

arising out of any treaty, statute, Executive order, or the trust

responsibility of the United States owing to such Indian or Indian

tribe. Nothing in this subsection shall exempt any individual

Indian from the sanctions provided for in this section, provided

that no individual Indian shall be denied any benefit under Federal

Indian programs comparable to those described in subsection

(d)(1)(B) or (d)(2) of this section.

(g) Presidential report

(1) On or before May 1, 1989, the President shall transmit to the

Congress a report -

(A) delineating the role of State courts in implementing this

section;

(B) describing the manner in which Federal agencies will

implement and enforce the requirements of this section;

courts, and law enforcement agencies will exchange and share the

data and information necessary to implement and enforce the

withholding of Federal benefits; and

(D) recommending any modifications to improve the

administration of this section or otherwise achieve the goal of

discouraging the trafficking and possession of controlled

substances.

(2) No later than September 1, 1989, the Congress shall consider

the report of the President and enact such changes as it deems

appropriate to further the goals of this section.

(h) Effective date

The denial of Federal benefits set forth in this section shall

take effect for convictions occurring after September 1, 1989.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 421, formerly Pub. L. 100-690,

title V, Sec. 5301, Nov. 18, 1988, 102 Stat. 4310; renumbered Sec.

421 of Pub. L. 91-513 and amended Pub. L. 101-647, title X, Sec.

1002(d), Nov. 29, 1990, 104 Stat. 4827.)

-COD-

CODIFICATION

Section was classified to section 853a of this title prior to

renumbering by Pub. L. 101-647.

-MISC3-

AMENDMENTS

1990 - Pub. L. 101-647, Sec. 1002(d)(1), renumbered section 853a

of this title as this section.

Subsec. (a)(1). Pub. L. 101-647, Sec. 1002(d)(2), struck out

''(as such terms are defined for purposes of the Controlled

Substances Act)'' after ''controlled substances'' in introductory

provisions.

-CITE-

21 USC Sec. 862a 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part D - Offenses and Penalties

-HEAD-

Sec. 862a. Denial of assistance and benefits for certain

drug-related convictions

-STATUTE-

(a) In general

An individual convicted (under Federal or State law) of any

offense which is classified as a felony by the law of the

jurisdiction involved and which has as an element the possession,

use, or distribution of a controlled substance (as defined in

section 802(6) of this title) shall not be eligible for -

(1) assistance under any State program funded under part A of

title IV of the Social Security Act (42 U.S.C. 601 et seq.), or

(2) benefits under the food stamp program (as defined in

section 3(h) of the Food Stamp Act of 1977 (7 U.S.C. 2012(h))) or

any State program carried out under the Food Stamp Act of 1977 (7

U.S.C. 2011 et seq.).

(b) Effects on assistance and benefits for others

(1) Program of temporary assistance for needy families

The amount of assistance otherwise required to be provided

under a State program funded under part A of title IV of the

Social Security Act (42 U.S.C. 601 et seq.) to the family members

of an individual to whom subsection (a) of this section applies

shall be reduced by the amount which would have otherwise been

made available to the individual under such part.

(2) Benefits under the Food Stamp Act of 1977

The amount of benefits otherwise required to be provided to a

household under the food stamp program (as defined in section

3(h) of the Food Stamp Act of 1977 (7 U.S.C. 2012(h))), or any

State program carried out under the Food Stamp Act of 1977 (7

U.S.C. 2011 et seq.), shall be determined by considering the

individual to whom subsection (a) of this section applies not to

be a member of such household, except that the income and

resources of the individual shall be considered to be income and

resources of the household.

A State that has not exercised its authority under subsection

(d)(1)(A) of this section shall require each individual applying

for assistance or benefits referred to in subsection (a) of this

section, during the application process, to state, in writing,

whether the individual, or any member of the household of the

individual, has been convicted of a crime described in subsection

(a) of this section.

(d) Limitations

(1) State elections

(A) Opt out

A State may, by specific reference in a law enacted after

August 22, 1996, exempt any or all individuals domiciled in the

State from the application of subsection (a) of this section.

(B) Limit period of prohibition

A State may, by law enacted after August 22, 1996, limit the

period for which subsection (a) of this section shall apply to

any or all individuals domiciled in the State.

(2) Inapplicability to convictions occurring on or before August

22, 1996

Subsection (a) of this section shall not apply to a conviction

if the conviction is for conduct occurring on or before August

22, 1996.

(e) ''State'' defined

For purposes of this section, the term ''State'' has the meaning

given it -

(1) in section 419(5) of the Social Security Act (42 U.S.C.

619(5)), when referring to assistance provided under a State

program funded under part A of title IV of the Social Security

Act (42 U.S.C. 601 et seq.), and

(2) in section 3(m) of the Food Stamp Act of 1977 (7 U.S.C.

2012(m)), when referring to the food stamp program (as defined in

section 3(h) of the Food Stamp Act of 1977 (7 U.S.C. 2012(h))) or

any State program carried out under the Food Stamp Act of 1977 (7

U.S.C. 2011 et seq.).

(f) Rule of interpretation

Nothing in this section shall be construed to deny the following

Federal benefits:

(1) Emergency medical services under title XIX of the Social

Security Act (42 U.S.C. 1396 et seq.).

(2) Short-term, noncash, in-kind emergency disaster relief.

(3)(A) Public health assistance for immunizations.

(B) Public health assistance for testing and treatment of

communicable diseases if the Secretary of Health and Human

Services determines that it is necessary to prevent the spread of

such disease.

(4) Prenatal care.

(5) Job training programs.

(6) Drug treatment programs.

-SOURCE-

(Pub. L. 104-193, title I, Sec. 115, Aug. 22, 1996, 110 Stat. 2180;

Pub. L. 105-33, title V, Sec. 5516(a), Aug. 5, 1997, 111 Stat.

620.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsecs. (a)(1), (b)(1),

(e)(1), and (f)(1), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as

amended. Part A of title IV of the Act is classified generally to

part A (Sec. 601 et seq.) of subchapter IV of chapter 7 of Title

42, The Public Health and Welfare. Title XIX of the Act is

classified generally to subchapter XIX (Sec. 1396 et seq.) of

chapter 7 of Title 42. For complete classification of this Act to

the Code, see section 1305 of Title 42 and Tables.

The Food Stamp Act of 1977, referred to in subsecs. (a)(2),

(b)(2), and (e)(2), is Pub. L. 88-525, Aug. 31, 1964, 78 Stat. 703,

as amended, which is classified generally to chapter 51 (Sec. 2011

et seq.) of Title 7, Agriculture. For complete classification of

this Act to the Code, see Short Title note set out under section

2011 of Title 7 and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Personal Responsibility and

Work Opportunity Reconciliation Act of 1996, and not as part of the

Controlled Substances Act which comprises this subchapter.

-MISC3-

AMENDMENTS

1997 - Subsec. (d)(2). Pub. L. 105-33 substituted ''a conviction

if the conviction is for conduct'' for ''convictions''.

EFFECTIVE DATE OF 1997 AMENDMENT

Section 5518(d) of title V of Pub. L. 105-33 provided that: ''The

amendments made by this chapter to a provision of the Personal

Responsibility and Work Opportunity Reconciliation Act of 1996

(Pub. L. 104-193) that have not become part of another statute

(chapter 1 (Sec. 5501-5518) of subtitle F of title V of Pub. L.

105-33, amending this section, sections 601 to 603, 604 to 608, 609

to 611, and 612 to 617 of Title 42, The Public Health and Welfare,

and provisions set out as notes under section 612c of Title 7,

Agriculture, and sections 601 and 613 of Title 42) shall take

effect as if the amendments had been included in the provision at

the time the provision became law.''

EFFECTIVE DATE

Section effective July 1, 1997, with transition rules relating to

State options to accelerate such date, rules relating to claims,

actions, and proceedings commenced before such date, rules relating

to closing out of accounts for terminated or substantially modified

programs and continuance in office of Assistant Secretary for

Family Support, and provisions relating to termination of

entitlement under AFDC program, see section 116 of Pub. L. 104-193,

as amended, set out as an Effective Date note under section 601 of

Title 42, The Public Health and Welfare.

-CITE-

21 USC Sec. 862b 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part D - Offenses and Penalties

-HEAD-

Sec. 862b. Sanctioning for testing positive for controlled

substances

-STATUTE-

Notwithstanding any other provision of law, States shall not be

prohibited by the Federal Government from testing welfare

recipients for use of controlled substances nor from sanctioning

welfare recipients who test positive for use of controlled

substances.

-SOURCE-

(Pub. L. 104-193, title IX, Sec. 902, Aug. 22, 1996, 110 Stat.

2347.)

-COD-

CODIFICATION

Section was enacted as part of the Personal Responsibility and

Work Opportunity Reconciliation Act of 1996, and not as part of the

Controlled Substances Act which comprises this subchapter.

-CITE-

21 USC Sec. 863 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part D - Offenses and Penalties

-HEAD-

Sec. 863. Drug paraphernalia

-STATUTE-

(a) In general

It is unlawful for any person -

(1) to sell or offer for sale drug paraphernalia;

(2) to use the mails or any other facility of interstate

commerce to transport drug paraphernalia; or

(3) to import or export drug paraphernalia.

(b) Penalties

Anyone convicted of an offense under subsection (a) of this

section shall be imprisoned for not more than three years and fined

under title 18.

Any drug paraphernalia involved in any violation of subsection

(a) of this section shall be subject to seizure and forfeiture upon

the conviction of a person for such violation. Any such

paraphernalia shall be delivered to the Administrator of General

Services, General Services Administration, who may order such

paraphernalia destroyed or may authorize its use for law

enforcement or educational purposes by Federal, State, or local

authorities.

(d) ''Drug paraphernalia'' defined

The term ''drug paraphernalia'' means any equipment, product, or

material of any kind which is primarily intended or designed for

use in manufacturing, compounding, converting, concealing,

producing, processing, preparing, injecting, ingesting, inhaling,

or otherwise introducing into the human body a controlled

substance, possession of which is unlawful under this subchapter.

It includes items primarily intended or designed for use in

ingesting, inhaling, or otherwise introducing marijuana, (FOOTNOTE

1) cocaine, hashish, hashish oil, PCP, methamphetamine, or

amphetamines into the human body, such as -

(FOOTNOTE 1) So in original. Probably should be ''marihuana,''.

(1) metal, wooden, acrylic, glass, stone, plastic, or ceramic

pipes with or without screens, permanent screens, hashish heads,

or punctured metal bowls;

(2) water pipes;

(3) carburetion tubes and devices;

(4) smoking and carburetion masks;

(5) roach clips: meaning objects used to hold burning material,

such as a marihuana cigarette, that has become too small or too

short to be held in the hand;

(6) miniature spoons with level capacities of one-tenth cubic

centimeter or less;

(7) chamber pipes;

(8) carburetor pipes;

(9) electric pipes;

(10) air-driven pipes;

(11) chillums;

(12) bongs;

(13) ice pipes or chillers;

(14) wired cigarette papers; or

(15) cocaine freebase kits.

(e) Matters considered in determination of what constitutes drug

paraphernalia

In determining whether an item constitutes drug paraphernalia, in

addition to all other logically relevant factors, the following may

be considered:

(1) instructions, oral or written, provided with the item

concerning its use;

(2) descriptive materials accompanying the item which explain

or depict its use;

(3) national and local advertising concerning its use;

(4) the manner in which the item is displayed for sale;

(5) whether the owner, or anyone in control of the item, is a

legitimate supplier of like or related items to the community,

such as a licensed distributor or dealer of tobacco products;

(6) direct or circumstantial evidence of the ratio of sales of

the item(s) to the total sales of the business enterprise;

(7) the existence and scope of legitimate uses of the item in

the community; and

(8) expert testimony concerning its use.

(f) Exemptions

This section shall not apply to -

(1) any person authorized by local, State, or Federal law to

manufacture, possess, or distribute such items; or

(2) any item that, in the normal lawful course of business, is

imported, exported, transported, or sold through the mail or by

any other means, and traditionally intended for use with tobacco

products, including any pipe, paper, or accessory.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 422, as added and amended Pub. L.

101-647, title XXIV, Sec. 2401(a)-(c), Nov. 29, 1990, 104 Stat.

4858, 4859; Pub. L. 106-310, div. B, title XXXVI, Sec. 3614, Oct.

17, 2000, 114 Stat. 1230.)

-COD-

CODIFICATION

The text of section 857(b) to (f) of this title, which was

transferred to subsecs. (b) to (f) of this section by Pub. L.

101-647, Sec. 2401(b), was based on Pub. L. 99-570, title I, Sec.

1822(b)-(f), Oct. 27, 1986, 100 Stat. 3207-51; Pub. L. 100-690,

title VI, Sec. 6485, Nov. 18, 1988, 102 Stat. 4384.

-MISC3-

AMENDMENTS

2000 - Subsec. (d). Pub. L. 106-310 inserted ''methamphetamine,''

after ''PCP,'' in introductory provisions.

1990 - Subsec. (b). Pub. L. 101-647, Sec. 2401(c)(1), substituted

''fined under title 18'' for ''fined not more than $100,000''.

Pub. L. 101-647, Sec. 2401(b), redesignated subsec. (b) of

section 857 of this title as subsec. (b) of this section. See

Codification note above.

Subsecs. (c) to (e). Pub. L. 101-647, Sec. 2401(b), redesignated

subsecs. (c) to (e) of section 857 of this title as subsecs. (c) to

(e) of this section. See Codification note above.

Subsec. (f). Pub. L. 101-647, Sec. 2401(c)(2), made technical

amendment to reference to ''This section'' to correct reference to

corresponding provision of original act.

Pub. L. 101-647, Sec. 2401(b), redesignated subsec. (f) of

section 857 of this title as subsec. (f) of this section. See

Codification note above.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 881 of this title; title

18 sections 1956, 3663.

-CITE-

21 USC Sec. 864 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part D - Offenses and Penalties

-HEAD-

Sec. 864. Anhydrous ammonia

-STATUTE-

(a) It is unlawful for any person -

(1) to steal anhydrous ammonia, or

(2) to transport stolen anhydrous ammonia across State lines,

knowing, intending, or having reasonable cause to believe that such

anhydrous ammonia will be used to manufacture a controlled

substance in violation of this part.

(b) Any person who violates subsection (a) of this section shall

be imprisoned or fined, or both, in accordance with section 843(d)

of this title as if such violation were a violation of a provision

of section 843 of this title.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 423, as added Pub. L. 106-310,

div. B, title XXXVI, Sec. 3653(a), Oct. 17, 2000, 114 Stat. 1240.)

-CITE-

21 USC Part E - Administrative and Enforcement Provisions 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part E - Administrative and Enforcement Provisions

-HEAD-

Part E - Administrative and Enforcement Provisions

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 965 of this title.

-CITE-

21 USC Sec. 871 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part E - Administrative and Enforcement Provisions

-HEAD-

Sec. 871. Attorney General

-STATUTE-

(a) Delegation of functions

The Attorney General may delegate any of his functions under this

subchapter to any officer or employee of the Department of Justice.

(b) Rules and regulations

The Attorney General may promulgate and enforce any rules,

regulations, and procedures which he may deem necessary and

appropriate for the efficient execution of his functions under this

subchapter.

The Attorney General may accept in the name of the Department of

Justice any form of devise, bequest, gift, or donation where the

donor intends to donate property for the purpose of preventing or

controlling the abuse of controlled substances. He may take all

appropriate steps to secure possession of such property and may

sell, assign, transfer, or convey any such property other than

moneys.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 501, Oct. 27, 1970, 84 Stat. 1270.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in subsecs. (a) and (b), was in the

original ''this title'', meaning title II of Pub. L. 91-513, Oct.

27, 1970, 84 Stat. 1242, as amended, 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.

-CITE-

21 USC Sec. 872 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part E - Administrative and Enforcement Provisions

-HEAD-

Sec. 872. Education and research programs of Attorney General

-STATUTE-

(a) Authorization

The Attorney General is authorized to carry out educational and

research programs directly related to enforcement of the laws under

his jurisdiction concerning drugs or other substances which are or

may be subject to control under this subchapter. Such programs may

include -

(1) educational and training programs on drug abuse and

controlled substances law enforcement for local, State, and

Federal personnel;

(2) studies or special projects designed to compare the

deterrent effects of various enforcement strategies on drug use

and abuse;

(3) studies or special projects designed to assess and detect

accurately the presence in the human body of drugs or other

substances which are or may be subject to control under this

subchapter, including the development of rapid field

identification methods which would enable agents to detect

microquantities of such drugs or other substances;

(4) studies or special projects designed to evaluate the nature

and sources of the supply of illegal drugs throughout the

country;

(5) studies or special projects to develop more effective

methods to prevent diversion of controlled substances into

illegal channels; and

(6) studies or special projects to develop information

necessary to carry out his functions under section 811 of this

title.

(b) Contracts

The Attorney General may enter into contracts for such

educational and research activities without performance bonds and

without regard to section 5 of title 41.

withhold

The Attorney General may authorize persons engaged in research to

withhold the names and other identifying characteristics of persons

who are the subjects of such research. Persons who obtain this

authorization may not be compelled in any Federal, State, or local

civil, criminal, administrative, legislative, or other proceeding

to identify the subjects of research for which such authorization

was obtained.

(d) Affect of treaties and other international agreements on

confidentiality

Nothing in the Single Convention on Narcotic Drugs, the

Convention on Psychotropic Substances, or other treaties or

international agreements shall be construed to limit, modify, or

prevent the protection of the confidentiality of patient records or

of the names and other identifying characteristics of research

subjects as provided by any Federal, State, or local law or

regulation.

(e) Use of controlled substances in research

The Attorney General, on his own motion or at the request of the

Secretary, may authorize the possession, distribution, and

dispensing of controlled substances by persons engaged in

research. Persons who obtain this authorization shall be exempt

from State or Federal prosecution for possession, distribution, and

dispensing of controlled substances to the extent authorized by the

Attorney General.

(f) Program to curtail diversion of precursor and essential

chemicals

The Attorney General shall maintain an active program, both

domestic and international, to curtail the diversion of precursor

chemicals and essential chemicals used in the illicit manufacture

of controlled substances.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 502, Oct. 27, 1970, 84 Stat. 1271;

Pub. L. 95-633, title I, Sec. 108(a), Nov. 10, 1978, 92 Stat. 3773;

Pub. L. 100-690, title VI, Sec. 6060, Nov. 18, 1988, 102 Stat.

4320.)

-MISC1-

AMENDMENTS

1988 - Subsec. (f). Pub. L. 100-690 added subsec. (f).

1978 - Subsecs. (d), (e). Pub. L. 95-633 added subsec. (d) and

redesignated former subsec. (d) as (e).

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by 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 1978 AMENDMENT

Amendment by Pub. L. 95-633 effective on date the Convention on

Psychotropic Substances enters into force in the United States

(July 15, 1980), see section 112 of Pub. L. 95-633, set out as an

Effective Date note under section 801a of this title.

TRAINING FOR DRUG ENFORCEMENT ADMINISTRATION AND STATE AND LOCAL

LAW ENFORCEMENT PERSONNEL RELATING TO CLANDESTINE LABORATORIES

Pub. L. 106-310, div. B, title XXXVI, Sec. 3623, Oct. 17, 2000,

114 Stat. 1231, provided that:

''(a) In General. -

''(1) Requirement. - The Administrator of the Drug Enforcement

Administration shall carry out the programs described in

subsection (b) with respect to the law enforcement personnel of

States and localities determined by the Administrator to have

significant levels of methamphetamine-related or

amphetamine-related crime or projected by the Administrator to

have the potential for such levels of crime in the future.

''(2) Duration. - The duration of any program under that

subsection may not exceed 3 years.

''(b) Covered Programs. - The programs described in this

subsection are as follows:

''(1) Advanced mobile clandestine laboratory training teams. -

A program of advanced mobile clandestine laboratory training

teams, which shall provide information and training to State and

local law enforcement personnel in techniques utilized in

conducting undercover investigations and conspiracy cases, and

other information designed to assist in the investigation of the

illegal manufacturing and trafficking of amphetamine and

methamphetamine.

''(2) Basic clandestine laboratory certification training. - A

program of basic clandestine laboratory certification training,

which shall provide information and training -

''(A) to Drug Enforcement Administration personnel and State

and local law enforcement personnel for purposes of enabling

such personnel to meet any certification requirements under law

with respect to the handling of wastes created by illegal

amphetamine and methamphetamine laboratories; and

''(B) to State and local law enforcement personnel for

purposes of enabling such personnel to provide the information

and training covered by subparagraph (A) to other State and

local law enforcement personnel.

''(3) Clandestine laboratory recertification and awareness

training. - A program of clandestine laboratory recertification

and awareness training, which shall provide information and

training to State and local law enforcement personnel for

purposes of enabling such personnel to provide recertification

and awareness training relating to clandestine laboratories to

additional State and local law enforcement personnel.

''(c) Authorization of Appropriations. - There are authorized to

be appropriated for each of fiscal years 2000, 2001, and 2002

amounts as follows:

''(1) $1,500,000 to carry out the program described in

subsection (b)(1).

''(2) $3,000,000 to carry out the program described in

subsection (b)(2).

''(3) $1,000,000 to carry out the program described in

subsection (b)(3).''

EDUCATIONAL PROGRAM FOR POLICE DEPARTMENTS

Pub. L. 104-305, Sec. 4, Oct. 13, 1996, 110 Stat. 3809, provided

that: ''The Attorney General may -

''(1) create educational materials regarding the use of

controlled substances (as that term is defined in section 102 of

the Controlled Substances Act (21 U.S.C. 802)) in the furtherance

of rapes and sexual assaults; and

''(2) disseminate those materials to police departments

throughout the United States.''

STUDY AND REPORT ON MEASURES TO PREVENT SALES OF AGENTS USED IN

METHAMPHETAMINE PRODUCTION

Pub. L. 104-237, title II, Sec. 202, Oct. 3, 1996, 110 Stat.

3101, provided that:

''(a) Study. - The Attorney General of the United States shall

conduct a study on possible measures to effectively prevent the

diversion of red phosphorous, iodine, hydrochloric gas, and other

agents for use in the production of methamphetamine. Nothing in

this section shall preclude the Attorney General from taking any

action the Attorney General already is authorized to take with

regard to the regulation of listed chemicals under current law.

''(b) Report. - Not later than January 1, 1998, the Attorney

General shall submit a report to the Congress of its findings

pursuant to the study conducted under subsection (a) on the need

for and advisability of preventive measures.

''(c) Considerations. - In developing recommendations under

subsection (b), the Attorney General shall consider -

''(1) the use of red phosphorous, iodine, hydrochloric gas, and

other agents in the illegal manufacture of methamphetamine;

''(2) the use of red phosphorous, iodine, hydrochloric gas, and

other agents for legitimate, legal purposes, and the impact any

regulations may have on these legitimate purposes; and

''(3) comments and recommendations from law enforcement,

manufacturers of such chemicals, and the consumers of such

chemicals for legitimate, legal purposes.''

-CITE-

21 USC Sec. 872a 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part E - Administrative and Enforcement Provisions

-HEAD-

Sec. 872a. Public-private education program

-STATUTE-

(a) Advisory panel

The Attorney General shall establish an advisory panel consisting

of an appropriate number of representatives from Federal, State,

and local law enforcement and regulatory agencies with experience

in investigating and prosecuting illegal transactions of precursor

chemicals. The Attorney General shall convene the panel as often

as necessary to develop and coordinate educational programs for

wholesale and retail distributors of precursor chemicals and

supplies.

(b) Continuation of current efforts

The Attorney General shall continue to -

(1) maintain an active program of seminars and training to

educate wholesale and retail distributors of precursor chemicals

and supplies regarding the identification of suspicious

transactions and their responsibility to report such

transactions; and

(2) provide assistance to State and local law enforcement and

regulatory agencies to facilitate the establishment and

maintenance of educational programs for distributors of precursor

chemicals and supplies.

-SOURCE-

(Pub. L. 104-237, title V, Sec. 503, Oct. 3, 1996, 110 Stat. 3112.)

-COD-

CODIFICATION

Section was enacted as part of the Comprehensive Methamphetamine

Control Act of 1996, and not as part of the Controlled Substances

Act which comprises this subchapter.

-CITE-

21 USC Sec. 873 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part E - Administrative and Enforcement Provisions

-HEAD-

Sec. 873. Cooperative arrangements

-STATUTE-

(a) Cooperation of Attorney General with local, State, and Federal

agencies

The Attorney General shall cooperate with local, State, and

Federal agencies concerning traffic in controlled substances and in

suppressing the abuse of controlled substances. To this end, he is

authorized to -

(1) arrange for the exchange of information between

governmental officials concerning the use and abuse of controlled

substances;

(2) cooperate in the institution and prosecution of cases in

the courts of the United States and before the licensing boards

and courts of the several States;

(3) conduct training programs on controlled substance law

enforcement for local, State, and Federal personnel;

(4) maintain in the Department of Justice a unit which will

accept, catalog, file, and otherwise utilize all information and

statistics, including records of controlled substance abusers and

other controlled substance law offenders, which may be received

from Federal, State, and local agencies, and make such

information available for Federal, State, and local law

enforcement purposes;

(5) conduct programs of eradication aimed at destroying wild or

illicit growth of plant species from which controlled substances

may be extracted;

(6) assist State and local governments in suppressing the

diversion of controlled substances from legitimate medical,

scientific, and commercial channels by -

(A) making periodic assessments of the capabilities of State

and local governments to adequately control the diversion of

controlled substances;

(B) providing advice and counsel to State and local

governments on the methods by which such governments may

strengthen their controls against diversion; and

diversion; and

(7) notwithstanding any other provision of law, enter into

contractual agreements with State and local law enforcement

agencies to provide for cooperative enforcement and regulatory

activities under this chapter. (FOOTNOTE 1)

(FOOTNOTE 1) See References in Text note below.

(b) Requests by Attorney General for assistance from Federal

agencies or instrumentalities

When requested by the Attorney General, it shall be the duty of

any agency or instrumentality of the Federal Government to furnish

assistance, including technical advice, to him for carrying out his

functions under this subchapter; except that no such agency or

instrumentality shall be required to furnish the name of, or other

identifying information about, a patient or research subject whose

identity it has undertaken to keep confidential.

agencies of distribution patterns of schedule II substances

having highest rates of abuse

The Attorney General shall annually (1) select the controlled

substance (or controlled substances) contained in schedule II

which, in the Attorney General's discretion, is determined to have

the highest rate of abuse, and (2) prepare and make available to

regulatory, licensing, and law enforcement agencies of States

descriptive and analytic reports on the actual distribution

patterns in such States of each such controlled substance.

(d) Grants by Attorney General

(1) The Attorney General may make grants, in accordance with

paragraph (2), to State and local governments to assist in meeting

the costs of -

(A) collecting and analyzing data on the diversion of

controlled substances,

(B) conducting investigations and prosecutions of such

diversions,

control such diversions,

(D) programs to prevent such diversions,

(E) preventing and detecting forged prescriptions, and

(F) training law enforcement and regulatory personnel to

improve the control of such diversions.

(2) No grant may be made under paragraph (1) unless an

application therefor is submitted to the Attorney General in such

form and manner as the Attorney General may prescribe. No grant

may exceed 80 per centum of the costs for which the grant is made,

and no grant may be made unless the recipient of the grant provides

assurances satisfactory to the Attorney General that it will

obligate funds to meet the remaining 20 per centum of such costs.

The Attorney General shall review the activities carried out with

grants under paragraph (1) and shall report annually to Congress on

such activities.

(3) To carry out this subsection there is authorized to be

appropriated $6,000,000 for fiscal year 1985 and $6,000,000 for

fiscal year 1986.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 503, Oct. 27, 1970, 84 Stat. 1271;

Pub. L. 96-359, Sec. 8(a) Sept. 26, 1980, 94 Stat. 1194; Pub. L.

98-473, title II, Sec. 517, Oct. 12, 1984, 98 Stat. 2074; Pub. L.

99-570, title I, Sec. 1868, Oct. 27, 1986, 100 Stat. 3207-55; Pub.

L. 99-646, Sec. 85, Nov. 10, 1986, 100 Stat. 3620.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a)(7), was in the original

as added by Pub. L. 99-646 ''this Act'', meaning Pub. L. 91-513,

Oct. 27, 1970, 84 Stat. 1236, as amended. In the subsec. (a)(7)

added by Pub. L. 99-570, the reference was ''this title'', meaning

title II of Pub. L. 91-513 which is popularly known as the

''Controlled Substances Act'' and is classified principally to this

subchapter. For complete classification of this Act and title II

to the Code, see Short Title note set out under section 801 of this

title and Tables.

Schedule II, referred to in subsec. (c), is set out in section

812(c) of this title.

-MISC2-

AMENDMENTS

1986 - Subsec. (a)(7). Pub. L. 99-570 and Pub. L. 99-646 made

substantially identical amendment, adding par. (7).

1984 - Subsec. (a)(6). Pub. L. 98-473, Sec. 517(a), added par.

(6).

Subsec. (d). Pub. L. 98-473, Sec. 517(b), added subsec. (d).

1980 - Subsec. (c). Pub. L. 96-359 added subsec. (c).

ANNUAL REPORT ON COUNTERDRUG INTELLIGENCE MATTERS

Pub. L. 107-306, title VIII, Sec. 826, Nov. 27, 2002, 116 Stat.

2429, provided that:

''(a) Annual Report. - The Counterdrug Intelligence Coordinating

Group shall submit to the appropriate committees of Congress each

year a report on current counterdrug intelligence matters. The

report shall include the recommendations of the Counterdrug

Intelligence Coordinating Group on the appropriate number of

permanent staff, and of detailed personnel, for the staff of the

Counterdrug Intelligence Executive Secretariat.

''(b) Submittal Date. - The date of the submittal each year of

the report required by subsection (a) shall be the date provided in

section 507 of the National Security Act of 1947 (50 U.S.C. 415b),

as added by section 811 of this Act.

''(c) Appropriate Committees of Congress Defined. - In this

section, the term 'appropriate committees of Congress' means -

''(1) the Committees on Appropriations of the Senate and House

of Representatives; and

''(2) the congressional intelligence committees (as defined in

section 3 of the National Security Act of 1947 (50 U.S.C.

401a)).''

COMBATING AMPHETAMINE AND METHAMPHETAMINE MANUFACTURING AND

TRAFFICKING

Pub. L. 106-310, div. B, title XXXVI, Sec. 3625, Oct. 17, 2000,

114 Stat. 1233, provided that:

''(a) Activities. - In order to combat the illegal manufacturing

and trafficking in amphetamine and methamphetamine, the

Administrator of the Drug Enforcement Administration may -

''(1) assist State and local law enforcement in small and

mid-sized communities in all phases of investigations related to

such manufacturing and trafficking, including assistance with

foreign-language interpretation;

''(2) staff additional regional enforcement and mobile

enforcement teams related to such manufacturing and trafficking;

''(3) establish additional resident offices and posts of duty

to assist State and local law enforcement in rural areas in

combating such manufacturing and trafficking;

''(4) provide the Special Operations Division of the

Administration with additional agents and staff to collect,

evaluate, interpret, and disseminate critical intelligence

targeting the command and control operations of major amphetamine

and methamphetamine manufacturing and trafficking organizations;

''(5) enhance the investigative and related functions of the

Chemical Control Program of the Administration to implement more

fully the provisions of the Comprehensive Methamphetamine Control

Act of 1996 (Public Law 104-237) (see Short Title of 1996

Amendments note set out under section 801 of this title);

''(6) design an effective means of requiring an accurate

accounting of the import and export of list I chemicals, and

coordinate investigations relating to the diversion of such

chemicals;

''(7) develop a computer infrastructure sufficient to receive,

process, analyze, and redistribute time-sensitive enforcement

information from suspicious order reporting to field offices of

the Administration and other law enforcement and regulatory

agencies, including the continuing development of the Suspicious

Order Reporting and Tracking System (SORTS) and the Chemical

Transaction Database (CTRANS) of the Administration;

''(8) establish an education, training, and communication

process in order to alert the industry to current trends and

emerging patterns in the illegal manufacturing of amphetamine and

methamphetamine; and

''(9) carry out such other activities as the Administrator

considers appropriate.

''(b) Additional Positions and Personnel. -

''(1) In general. - In carrying out activities under subsection

(a), the Administrator may establish in the Administration not

more than 50 full-time positions, including not more than 31

special-agent positions, and may appoint personnel to such

positions.

''(2) Particular positions. - In carrying out activities under

paragraphs (5) through (8) of subsection (a), the Administrator

may establish in the Administration not more than 15 full-time

positions, including not more than 10 diversion investigator

positions, and may appoint personnel to such positions. Any

positions established under this paragraph are in addition to any

positions established under paragraph (1).

''(c) Authorization of Appropriations. - There are authorized to

be appropriated for the Drug Enforcement Administration for each

fiscal year after fiscal year 1999, $9,500,000 for purposes of

carrying out the activities authorized by subsection (a) and

employing personnel in positions established under subsection (b),

of which $3,000,000 shall be available for activities under

paragraphs (5) through (8) of subsection (a) and for employing

personnel in positions established under subsection (b)(2).''

NATIONAL DRUG INTELLIGENCE CENTER

Pub. L. 107-306, title I, Sec. 104(e), Nov. 27, 2002, 116 Stat.

2387, provided that:

''(1) In general. - Of the amount authorized to be appropriated

in subsection (a) (116 Stat. 2386), $34,100,000 shall be available

for the National Drug Intelligence Center. Within such amount,

funds provided for research, development, testing, and evaluation

purposes shall remain available until September 30, 2004, and funds

provided for procurement purposes shall remain available until

September 30, 2005.

''(2) Transfer of funds. - The Director of Central Intelligence

shall transfer to the Attorney General funds available for the

National Drug Intelligence Center under paragraph (1). The Attorney

General shall utilize funds so transferred for the activities of

the National Drug Intelligence Center.

''(3) Limitation. - Amounts available for the National Drug

Intelligence Center may not be used in contravention of the

provisions of section 103(d)(1) of the National Security Act of

1947 (50 U.S.C. 403-3(d)(1)).

''(4) Authority. - Notwithstanding any other provision of law,

the Attorney General shall retain full authority over the

operations of the National Drug Intelligence Center.''

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 107-108, title I, Sec. 104(e), Dec. 28, 2001, 115 Stat.

1396.

Pub. L. 106-567, title I, Sec. 104(e), Dec. 27, 2000, 114 Stat.

2834.

Pub. L. 106-120, title I, Sec. 104(e), Dec. 3, 1999, 113 Stat.

1609.

Pub. L. 105-272, title I, Sec. 104(e), Oct. 20, 1998, 112 Stat.

2398.

Pub. L. 105-107, title I, Sec. 104(e), Nov. 20, 1997, 111 Stat.

2250.

Pub. L. 104-293, title I, Sec. 104(d), Oct. 11, 1996, 110 Stat.

3464.

Pub. L. 103-139, title VIII, Sec. 8056, Nov. 11, 1993, 107 Stat.

1452, provided that: ''During the current fiscal year and

thereafter, there is established, under the direction and control

of the Attorney General, the National Drug Intelligence Center,

whose mission it shall be to coordinate and consolidate drug

intelligence from all national security and law enforcement

agencies, and produce information regarding the structure,

membership, finances, communications, and activities of drug

trafficking organizations: Provided, That funding for the operation

of the National Drug Intelligence Center, including personnel costs

associated therewith, shall be provided from the funds appropriated

to the Department of Defense.''

Similar provisions were contained in the following prior

appropriation act:

Pub. L. 102-396, title IX, Sec. 9078, Oct. 6, 1992, 106 Stat.

1919.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 14081.

-CITE-

21 USC Sec. 874 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part E - Administrative and Enforcement Provisions

-HEAD-

Sec. 874. Advisory committees

-STATUTE-

The Attorney General may from time to time appoint committees to

advise him with respect to preventing and controlling the abuse of

controlled substances. Members of the committees may be entitled

to receive compensation at the rate of $100 for each day (including

traveltime) during which they are engaged in the actual performance

of duties. While traveling on official business in the performance

of duties for the committees, members of the committees shall be

allowed expenses of travel, including per diem instead of

subsistence, in accordance with subchapter I of chapter 57 of title

-SOURCE-

(Pub. L. 91-513, title II, Sec. 504, Oct. 27, 1970, 84 Stat. 1272.)

-MISC1-

TERMINATION OF ADVISORY COMMITTEES

Advisory committees in existence on Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period following Jan.

5, 1973, and advisory committees established after Jan. 5, 1973, to

terminate not later than the expiration of the 2-year period

beginning on the date of their establishment, unless in the case of

a committee established by the President or an officer of the

Federal Government, such committee is renewed by appropriate action

prior to the expiration of such 2-year period, or in the case of a

committee established by Congress, its duration is otherwise

provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972,

86 Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

21 USC Sec. 875 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part E - Administrative and Enforcement Provisions

-HEAD-

Sec. 875. Administrative hearings

-STATUTE-

(a) Power of Attorney General

In carrying out his functions under this subchapter, the Attorney

General may hold hearings, sign and issue subpenas, administer

oaths, examine witnesses, and receive evidence at any place in the

United States.

(b) Procedures applicable

Except as otherwise provided in this subchapter, notice shall be

given and hearings shall be conducted under appropriate procedures

of subchapter II of chapter 5 of title 5.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 505, Oct. 27, 1970, 84 Stat. 1272.)

-CITE-

21 USC Sec. 876 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part E - Administrative and Enforcement Provisions

-HEAD-

Sec. 876. Subpenas

-STATUTE-

(a) Authorization of use by Attorney General

In any investigation relating to his functions under this

subchapter with respect to controlled substances, listed chemicals,

tableting machines, or encapsulating machines, the Attorney General

may subpena witnesses, compel the attendance and testimony of

witnesses, and require the production of any records (including

books, papers, documents, and other tangible things which

constitute or contain evidence) which the Attorney General finds

relevant or material to the investigation. The attendance of

witnesses and the production of records may be required from any

place in any State or in any territory or other place subject to

the jurisdiction of the United States at any designated place of

hearing; except that a witness shall not be required to appear at

any hearing more than 500 miles distant from the place where he was

served with a subpena. Witnesses summoned under this section shall

be paid the same fees and mileage that are paid witnesses in the

courts of the United States.

(b) Service

A subpena issued under this section may be served by any person

designated in the subpena to serve it. Service upon a natural

person may be made by personal delivery of the subpena to him.

Service may be made upon a domestic or foreign corporation or upon

a partnership or other unincorporated association which is subject

to suit under a common name, by delivering the subpena to an

officer, to a managing or general agent, or to any other agent

authorized by appointment or by law to receive service of process.

The affidavit of the person serving the subpena entered on a true

copy thereof by the person serving it shall be proof of service.

In the case of contumacy by or refusal to obey a subpena issued

to any person, the Attorney General may invoke the aid of any court

of the United States within the jurisdiction of which the

investigation is carried on or of which the subpenaed person is an

inhabitant, or in which he carries on business or may be found, to

compel compliance with the subpena. The court may issue an order

requiring the subpenaed person to appear before the Attorney

General to produce records, if so ordered, or to give testimony

touching the matter under investigation. Any failure to obey the

order of the court may be punished by the court as a contempt

thereof. All process in any such case may be served in any

judicial district in which such person may be found.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 506, Oct. 27, 1970, 84 Stat. 1272;

Pub. L. 100-690, title VI, Sec. 6058, Nov. 18, 1988, 102 Stat.

4319.)

-MISC1-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-690 inserted ''listed chemicals,

tableting machines, or encapsulating machines,'' after ''with

respect to controlled substances,''.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 880 of this title.

-CITE-

21 USC Sec. 877 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part E - Administrative and Enforcement Provisions

-HEAD-

Sec. 877. Judicial review

-STATUTE-

All final determinations, findings, and conclusions of the

Attorney General under this subchapter shall be final and

conclusive decisions of the matters involved, except that any

person aggrieved by a final decision of the Attorney General may

obtain review of the decision in the United States Court of Appeals

for the District of Columbia or for the circuit in which his

principal place of business is located upon petition filed with the

court and delivered to the Attorney General within thirty days

after notice of the decision. Findings of fact by the Attorney

General, if supported by substantial evidence, shall be conclusive.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 507, Oct. 27, 1970, 84 Stat. 1273.)

-CITE-

21 USC Sec. 878 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part E - Administrative and Enforcement Provisions

-HEAD-

Sec. 878. Powers of enforcement personnel

-STATUTE-

(a) Any officer or employee of the Drug Enforcement

Administration or any State or local law enforcement officer

designated by the Attorney General may -

(1) carry firearms;

(2) execute and serve search warrants, arrest warrants,

administrative inspection warrants, subpenas, and summonses

issued under the authority of the United States;

(3) make arrests without warrant (A) for any offense against

the United States committed in his presence, or (B) for any

felony, cognizable under the laws of the United States, if he has

probable cause to believe that the person to be arrested has

committed or is committing a felony;

(4) make seizures of property pursuant to the provisions of

this subchapter; and

(5) perform such other law enforcement duties as the Attorney

General may designate.

(b) State and local law enforcement officers performing functions

under this section shall not be deemed Federal employees and shall

not be subject to provisions of law relating to Federal employees,

except that such officers shall be subject to section 3374(c) of

title 5.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 508, Oct. 27, 1970, 84 Stat. 1273;

Pub. L. 96-132, Sec. 16(b), Nov. 30, 1979, 93 Stat. 1049; Pub. L.

99-570, title I, Sec. 1869, Oct. 27, 1986, 100 Stat. 3207-55; Pub.

L. 99-646, Sec. 86, Nov. 10, 1986, 100 Stat. 3620.)

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-570 and Pub. L. 99-646 amended section

substantially identically designating existing provisions as

subsec. (a) and adding subsec. (b), with the exception of the

amendment of subsec. (a) for which Pub. L. 99-570 directed the

insertion of ''or (with respect to offenses under this subchapter

or subchapter II of this chapter) any State or local law

enforcement officer'' and Pub. L. 99-646 directed the insertion of

''or any State or local law enforcement officer'', the latter of

which was executed to reflect the probable intent of Congress.

1979 - Pub. L. 96-132 substituted ''Drug Enforcement

Administration'' for ''Bureau of Narcotics and Dangerous Drugs''.

-CITE-

21 USC Sec. 879 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part E - Administrative and Enforcement Provisions

-HEAD-

Sec. 879. Search warrants

-STATUTE-

A search warrant relating to offenses involving controlled

substances may be served at any time of the day or night if the

judge or United States magistrate judge issuing the warrant is

satisfied that there is probable cause to believe that grounds

exist for the warrant and for its service at such time.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 509, Oct. 27, 1970, 84 Stat. 1274;

Pub. L. 93-481, Sec. 3, Oct. 26, 1974, 88 Stat. 1455; Pub. L.

101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

-MISC1-

AMENDMENTS

1974 - Pub. L. 93-481 struck out designation ''(a)'' before ''A

search warrant'', and struck out subsec. (b) which permitted

officers authorized to execute search warrants to break open and

enter premises under certain circumstances and which required that

such officers identify themselves and give reasons and authority

for their entry after such entry.

-CHANGE-

CHANGE OF NAME

''United States magistrate judge'' substituted in text for

''United States magistrate'' pursuant to section 321 of Pub. L.

101-650, set out as a note under section 631 of Title 28, Judiciary

and Judicial Procedure.

-CITE-

21 USC Sec. 880 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part E - Administrative and Enforcement Provisions

-HEAD-

Sec. 880. Administrative inspections and warrants

-STATUTE-

(a) ''Controlled premises'' defined

As used in this section, the term ''controlled premises'' means -

(1) places where original or other records or documents

required under this subchapter are kept or required to be kept,

and

(2) places, including factories, warehouses, and other

establishments, and conveyances, where persons registered under

section 823 of this title (or exempt from registration under

section 822(d) of this title or by regulation of the Attorney

General) or regulated persons may lawfully hold, manufacture,

distribute, dispense, administer, or otherwise dispose of

controlled substances or listed chemicals or where records

relating to those activities are maintained.

(b) Grant of authority; scope of inspections

(1) For the purpose of inspecting, copying, and verifying the

correctness of records, reports, or other documents required to be

kept or made under this subchapter and otherwise facilitating the

carrying out of his functions under this subchapter, the Attorney

General is authorized, in accordance with this section, to enter

controlled premises and to conduct administrative inspections

thereof, and of the things specified in this section, relevant to

those functions.

(2) Such entries and inspections shall be carried out through

officers or employees (hereinafter referred to as ''inspectors'')

designated by the Attorney General. Any such inspector, upon

stating his purpose and presenting to the owner, operator, or agent

in charge of such premises (A) appropriate credentials and (B) a

written notice of his inspection authority (which notice in the

case of an inspection requiring, or in fact supported by, an

administrative inspection warrant shall consist of such warrant),

shall have the right to enter such premises and conduct such

inspection at reasonable times.

(3) Except as may otherwise be indicated in an applicable

inspection warrant, the inspector shall have the right -

(A) to inspect and copy records, reports, and other documents

required to be kept or made under this subchapter;

(B) to inspect, within reasonable limits and in a reasonable

manner, controlled premises and all pertinent equipment, finished

and unfinished drugs, listed chemicals, and other substances or

materials, containers, and labeling found therein, and, except as

provided in paragraph (4) of this subsection, all other things

therein (including records, files, papers, processes, controls,

and facilities) appropriate for verification of the records,

reports, and documents referred to in clause (A) or otherwise

bearing on the provisions of this subchapter; and

listed chemical therein and obtain samples of any such substance

or chemical.

(4) Except when the owner, operator, or agent in charge of the

controlled premises so consents in writing, no inspection

authorized by this section shall extend to -

(A) financial data;

(B) sales data other than shipment data; or

A warrant under this section shall not be required for the

inspection of books and records pursuant to an administrative

subpena issued in accordance with section 876 of this title, nor

for entries and administrative inspections (including seizures of

property) -

(1) with the consent of the owner, operator, or agent in charge

of the controlled premises;

(2) in situations presenting imminent danger to health or

safety;

(3) in situations involving inspection of conveyances where

there is reasonable cause to believe that the mobility of the

conveyance makes it impracticable to obtain a warrant;

(4) in any other exceptional or emergency circumstance where

time or opportunity to apply for a warrant is lacking; or

(5) in any other situations where a warrant is not

constitutionally required.

(d) Administrative inspection warrants; issuance; execution;

probable cause

Issuance and execution of administrative inspection warrants

shall be as follows:

(1) Any judge of the United States or of a State court of

record, or any United States magistrate judge, may, within his

territorial jurisdiction, and upon proper oath or affirmation

showing probable cause, issue warrants for the purpose of

conducting administrative inspections authorized by this

subchapter or regulations thereunder, and seizures of property

appropriate to such inspections. For the purposes of this

section, the term ''probable cause'' means a valid public

interest in the effective enforcement of this subchapter or

regulations thereunder sufficient to justify administrative

inspections of the area, premises, building, or conveyance, or

contents thereof, in the circumstances specified in the

application for the warrant.

(2) A warrant shall issue only upon an affidavit of an officer

or employee having knowledge of the facts alleged, sworn to

before the judge or magistrate judge and establishing the grounds

for issuing the warrant. If the judge or magistrate judge is

satisfied that grounds for the application exist or that there is

probable cause to believe they exist, he shall issue a warrant

identifying the area, premises, building, or conveyance to be

inspected, the purpose of such inspection, and, where

appropriate, the type of property to be inspected, if any. The

warrant shall identify the items or types of property to be

seized, if any. The warrant shall be directed to a person

authorized under subsection (b)(2) of this section to execute

it. The warrant shall state the grounds for its issuance and the

name of the person or persons whose affidavit has been taken in

support thereof. It shall command the person to whom it is

directed to inspect the area, premises, building, or conveyance

identified for the purpose specified, and, where appropriate,

shall direct the seizure of the property specified. The warrant

shall direct that it be served during normal business hours. It

shall designate the judge or magistrate judge to whom it shall be

returned.

(3) A warrant issued pursuant to this section must be executed

and returned within ten days of its date unless, upon a showing

by the United States of a need therefor, the judge or magistrate

judge allows additional time in the warrant. If property is

seized pursuant to a warrant, the person executing the warrant

shall give to the person from whom or from whose premises the

property was taken a copy of the warrant and a receipt for the

property taken or shall leave the copy and receipt at the place

from which the property was taken. The return of the warrant

shall be made promptly and shall be accompanied by a written

inventory of any property taken. The inventory shall be made in

the presence of the person executing the warrant and of the

person from whose possession or premises the property was taken,

if they are present, or in the presence of at least one credible

person other than the person making such inventory, and shall be

verified by the person executing the warrant. The judge or

magistrate judge, upon request, shall deliver a copy of the

inventory to the person from whom or from whose premises the

property was taken and the applicant for the warrant.

(4) The judge or magistrate judge who has issued a warrant

under this section shall attach to the warrant a copy of the

return and all papers filed in connection therewith and shall

file them with the clerk of the district court of the United

States for the judicial district in which the inspection was

made.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 510, Oct. 27, 1970, 84 Stat. 1274;

Pub. L. 101-647, title XXXV, Sec. 3599M, Nov. 29, 1990, 104 Stat.

4932; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat.

5117; Pub. L. 103-200, Sec. 6, Dec. 17, 1993, 107 Stat. 2339.)

-MISC1-

AMENDMENTS

1993 - Subsec. (a)(2). Pub. L. 103-200, Sec. 6(1), amended par.

(2) generally. Prior to amendment, par. (2) read as follows:

''places, including factories, warehouses, or other establishments,

and conveyances, where persons registered under section 823 of this

title (or exempted from registration under section 822(d) of this

title) may lawfully hold, manufacture, or distribute, dispense,

administer, or otherwise dispose of controlled substances.''

Subsec. (b)(3)(B). Pub. L. 103-200, Sec. 6(2)(A), inserted '',

listed chemicals,'' after ''unfinished drugs''.

Subsec. (b)(3)(C). Pub. L. 103-200, Sec. 6(2)(B), inserted ''or

listed chemical'' after ''controlled substance'' and ''or

chemical'' after ''such substance''.

1990 - Subsec. (b)(3)(B). Pub. L. 101-647 substituted ''paragraph

(4)'' for ''paragraph (5)''.

-CHANGE-

CHANGE OF NAME

''United States magistrate judge'' and ''magistrate judge''

substituted for ''United States magistrate'' and ''magistrate'',

respectively, wherever appearing in subsec. (d) pursuant to section

321 of Pub. L. 101-650, set out as a note under section 631 of

Title 28, Judiciary and Judicial Procedure.

-MISC4-

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-200 effective on date that is 120 days

after Dec. 17, 1993, see section 11 of Pub. L. 103-200, set out as

a note under section 802 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 965 of this title.

-CITE-

21 USC Sec. 881 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part E - Administrative and Enforcement Provisions

-HEAD-

Sec. 881. Forfeitures

-STATUTE-

(a) Subject property

The following shall be subject to forfeiture to the United States

and no property right shall exist in them:

(1) All controlled substances which have been manufactured,

distributed, dispensed, or acquired in violation of this

subchapter.

(2) All raw materials, products, and equipment of any kind

which are used, or intended for use, in manufacturing,

compounding, processing, delivering, importing, or exporting any

controlled substance or listed chemical in violation of this

subchapter.

(3) All property which is used, or intended for use, as a

container for property described in paragraph (1), (2), or (9).

(4) All conveyances, including aircraft, vehicles, or vessels,

which are used, or are intended for use, to transport, or in any

manner to facilitate the transportation, sale, receipt,

possession, or concealment of property described in paragraph

(1), (2), or (9).

(5) All books, records, and research, including formulas,

microfilm, tapes, and data which are used, or intended for use,

in violation of this subchapter.

(6) All moneys, negotiable instruments, securities, or other

things of value furnished or intended to be furnished by any

person in exchange for a controlled substance or listed chemical

in violation of this subchapter, all proceeds traceable to such

an exchange, and all moneys, negotiable instruments, and

securities used or intended to be used to facilitate any

violation of this subchapter.

(7) All real property, including any right, title, and interest

(including any leasehold interest) in the whole of any lot or

tract of land and any appurtenances or improvements, which is

used, or intended to be used, in any manner or part, to commit,

or to facilitate the commission of, a violation of this

subchapter punishable by more than one year's imprisonment.

(8) All controlled substances which have been possessed in

violation of this subchapter.

(9) All listed chemicals, all drug manufacturing equipment, all

tableting machines, all encapsulating machines, and all gelatin

capsules, which have been imported, exported, manufactured,

possessed, distributed, dispensed, acquired, or intended to be

distributed, dispensed, acquired, imported, or exported, in

violation of this subchapter or subchapter II of this chapter.

(10) Any drug paraphernalia (as defined in section 863 of this

title).

(11) Any firearm (as defined in section 921 of title 18) used

or intended to be used to facilitate the transportation, sale,

receipt, possession, or concealment of property described in

paragraph (1) or (2) and any proceeds traceable to such property.

(b) Seizure procedures

Any property subject to forfeiture to the United States under

this section may be seized by the Attorney General in the manner

set forth in section 981(b) of title 18.

Property taken or detained under this section shall not be

repleviable, but shall be deemed to be in the custody of the

Attorney General, subject only to the orders and decrees of the

court or the official having jurisdiction thereof. Whenever

property is seized under any of the provisions of this subchapter,

the Attorney General may -

(1) place the property under seal;

(2) remove the property to a place designated by him; or

(3) require that the General Services Administration take

custody of the property and remove it, if practicable, to an

appropriate location for disposition in accordance with law.

(d) Other laws and proceedings applicable

The provisions of law relating to the seizure, summary and

judicial forfeiture, and condemnation of property for violation of

the customs laws; the disposition of such property or the proceeds

from the sale thereof; the remission or mitigation of such

forfeitures; and the compromise of claims shall apply to seizures

and forfeitures incurred, or alleged to have been incurred, under

any of the provisions of this subchapter, insofar as applicable and

not inconsistent with the provisions hereof; except that such

duties as are imposed upon the customs officer or any other person

with respect to the seizure and forfeiture of property under the

customs laws shall be performed with respect to seizures and

forfeitures of property under this subchapter by such officers,

agents, or other persons as may be authorized or designated for

that purpose by the Attorney General, except to the extent that

such duties arise from seizures and forfeitures effected by any

customs officer.

(e) Disposition of forfeited property

(1) Whenever property is civilly or criminally forfeited under

this subchapter the Attorney General may -

(A) retain the property for official use or, in the manner

provided with respect to transfers under section 1616a of title

19, transfer the property to any Federal agency or to any State

or local law enforcement agency which participated directly in

the seizure or forfeiture of the property;

(B) except as provided in paragraph (4), sell, by public sale

or any other commercially feasible means, any forfeited property

which is not required to be destroyed by law and which is not

harmful to the public;

custody of the property and dispose of it in accordance with law;

(D) forward it to the Bureau of Narcotics and Dangerous Drugs

for disposition (including delivery for medical or scientific use

to any Federal or State agency under regulations of the Attorney

General); or

(E) transfer the forfeited personal property or the proceeds of

the sale of any forfeited personal or real property to any

foreign country which participated directly or indirectly in the

seizure or forfeiture of the property, if such a transfer -

(i) has been agreed to by the Secretary of State;

(ii) is authorized in an international agreement between the

United States and the foreign country; and

(iii) is made to a country which, if applicable, has been

certified under section 2291j(b) of title 22.

(2)(A) The proceeds from any sale under subparagraph (B) of

paragraph (1) and any moneys forfeited under this subchapter shall

be used to pay -

(i) all property expenses of the proceedings for forfeiture and

sale including expenses of seizure, maintenance of custody,

advertising, and court costs; and

(ii) awards of up to $100,000 to any individual who provides

original information which leads to the arrest and conviction of

a person who kills or kidnaps a Federal drug law enforcement

agent.

Any award paid for information concerning the killing or kidnapping

of a Federal drug law enforcement agent, as provided in clause

(ii), shall be paid at the discretion of the Attorney General.

(B) The Attorney General shall forward to the Treasurer of the

United States for deposit in accordance with section 524(c) of

title 28, any amounts of such moneys and proceeds remaining after

payment of the expenses provided in subparagraph (A), except that,

with respect to forfeitures conducted by the Postal Service, the

Postal Service shall deposit in the Postal Service Fund, under

section 2003(b)(7) of title 39, such moneys and proceeds.

(3) The Attorney General shall assure that any property

transferred to a State or local law enforcement agency under

paragraph (1)(A) -

(A) has a value that bears a reasonable relationship to the

degree of direct participation of the State or local agency in

the law enforcement effort resulting in the forfeiture, taking

into account the total value of all property forfeited and the

total law enforcement effort with respect to the violation of law

on which the forfeiture is based; and

(B) will serve to encourage further cooperation between the

recipient State or local agency and Federal law enforcement

agencies.

(4)(A) With respect to real property described in subparagraph

(B), if the chief executive officer of the State involved submits

to the Attorney General a request for purposes of such

subparagraph, the authority established in such subparagraph is in

lieu of the authority established in paragraph (1)(B).

(B) In the case of property described in paragraph (1)(B) that is

civilly or criminally forfeited under this subchapter, if the

property is real property that is appropriate for use as a public

area reserved for recreational or historic purposes or for the

preservation of natural conditions, the Attorney General, upon the

request of the chief executive officer of the State in which the

property is located, may transfer title to the property to the

State, either without charge or for a nominal charge, through a

legal instrument providing that -

(i) such use will be the principal use of the property; and

(ii) title to the property reverts to the United States in the

event that the property is used otherwise.

(f) Forfeiture and destruction of schedule I and II substances

(1) All controlled substances in schedule I or II that are

possessed, transferred, sold, or offered for sale in violation of

the provisions of this subchapter; all dangerous, toxic, or

hazardous raw materials or products subject to forfeiture under

subsection (a)(2) of this section; and any equipment or container

subject to forfeiture under subsection (a)(2) or (3) of this

section which cannot be separated safely from such raw materials or

products shall be deemed contraband and seized and summarily

forfeited to the United States. Similarly, all substances in

schedule I or II, which are seized or come into the possession of

the United States, the owners of which are unknown, shall be deemed

contraband and summarily forfeited to the United States.

(2) The Attorney General may direct the destruction of all

controlled substances in schedule I or II seized for violation of

this subchapter; all dangerous, toxic, or hazardous raw materials

or products subject to forfeiture under subsection (a)(2) of this

section; and any equipment or container subject to forfeiture under

subsection (a)(2) or (3) of this section which cannot be separated

safely from such raw materials or products under such circumstances

as the Attorney General may deem necessary.

(g) Plants

(1) All species of plants from which controlled substances in

schedules I and II may be derived which have been planted or

cultivated in violation of this subchapter, or of which the owners

or cultivators are unknown, or which are wild growths, may be

seized and summarily forfeited to the United States.

(2) The failure, upon demand by the Attorney General or his duly

authorized agent, of the person in occupancy or in control of land

or premises upon which such species of plants are growing or being

stored, to produce an appropriate registration, or proof that he is

the holder thereof, shall constitute authority for the seizure and

forfeiture.

(3) The Attorney General, or his duly authorized agent, shall

have authority to enter upon any lands, or into any dwelling

pursuant to a search warrant, to cut, harvest, carry off, or

destroy such plants.

(h) Vesting of title in United States

All right, title, and interest in property described in

subsection (a) of this section shall vest in the United States upon

commission of the act giving rise to forfeiture under this section.

(i) Stay of civil forfeiture proceedings

The provisions of section 981(g) of title 18 regarding the stay

of a civil forfeiture proceeding shall apply to forfeitures under

this section.

(j) Venue

In addition to the venue provided for in section 1395 of title 28

or any other provision of law, in the case of property of a

defendant charged with a violation that is the basis for forfeiture

of the property under this section, a proceeding for forfeiture

under this section may be brought in the judicial district in which

the defendant owning such property is found or in the judicial

district in which the criminal prosecution is brought.

(l) (FOOTNOTE 1) Agreement between Attorney General and Postal

Service for performance of functions

(FOOTNOTE 1) So in original. No subsec. (k) has been enacted.

The functions of the Attorney General under this section shall be

carried out by the Postal Service pursuant to such agreement as may

be entered into between the Attorney General and the Postal

Service.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 511, Oct. 27, 1970, 84 Stat. 1276;

Pub. L. 95-633, title III, Sec. 301(a), Nov. 10, 1978, 92 Stat.

3777; Pub. L. 96-132, Sec. 14, Nov. 30, 1979, 93 Stat. 1048; Pub.

L. 98-473, title II, Sec. 306, 309, 518, Oct. 12, 1984, 98 Stat.

2050, 2051, 2075; Pub. L. 99-570, title I, Sec. 1006(c), 1865,

1992, Oct. 27, 1986, 100 Stat. 3207-7, 3207-54, 3207-59; Pub. L.

99-646, Sec. 74, Nov. 10, 1986, 100 Stat. 3618; Pub. L. 100-690,

title V, Sec. 5105, title VI, Sec. 6059, 6074, 6075, 6077(a), (b),

6253, Nov. 18, 1988, 102 Stat. 4301, 4319, 4323-4325, 4363; Pub. L.

101-189, div. A, title XII, Sec. 1215(a), Nov. 29, 1989, 103 Stat.

1569; Pub. L. 101-647, title XX, Sec. 2003, 2004, 2007, 2008, Nov.

29, 1990, 104 Stat. 4855, 4856; Pub. L. 102-239, Sec. 2, Dec. 17,

1991, 105 Stat. 1912; Pub. L. 103-447, title I, Sec. 102(d), Nov.

2, 1994, 108 Stat. 4693; Pub. L. 104-237, title II, Sec. 201(b),

Oct. 3, 1996, 110 Stat. 3101; Pub. L. 106-185, Sec. 2(c)(2), 5(b),

8(b), Apr. 25, 2000, 114 Stat. 210, 214, 216; Pub. L. 107-273,

div. B, title IV, Sec. 4002(e)(3), Nov. 2, 2002, 116 Stat. 1810.)

-REFTEXT-

REFERENCES IN TEXT

Subchapter II of this chapter, referred to in subsec. (a)(9), 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.

The customs laws, referred to in subsec. (d), are classified

generally to Title 19, Customs Duties.

Schedules I and II, referred to in subsecs. (f) and (g), are set

out in section 812(c) of this title.

-MISC2-

AMENDMENTS

2002 - Subsec. (a)(10). Pub. L. 107-273 substituted ''section 863

of this title'' for ''section 1822 of the Mail Order Drug

Paraphernalia Control Act''.

2000 - Subsec. (a)(4). Pub. L. 106-185, Sec. 2(c)(2), struck out

before period at end '', except that -

''(A) no conveyance used by any person as a common carrier in

the transaction of business as a common carrier shall be

forfeited under the provisions of this section unless it shall

appear that the owner or other person in charge of such

conveyance was a consenting party or privy to a violation of this

subchapter or subchapter II of this chapter;

''(B) no conveyance shall be forfeited under the provisions of

this section by reason of any act or omission established by the

owner thereof to have been committed or omitted by any person

other than such owner while such conveyance was unlawfully in the

possession of a person other than the owner in violation of the

criminal laws of the United States, or of any State; and

''(C) no conveyance shall be forfeited under this paragraph to

the extent of an interest of an owner, by reason of any act or

omission established by that owner to have been committed or

omitted without the knowledge, consent, or willful blindness of

the owner''.

Subsec. (a)(6). Pub. L. 106-185, Sec. 2(c)(2), struck out before

period at end '', except that no property shall be forfeited under

this paragraph, to the extent of the interest of an owner, by

reason of any act or omission established by that owner to have

been committed or omitted without the knowledge or consent of that

owner''.

Subsec. (a)(7). Pub. L. 106-185, Sec. 2(c)(2), struck out before

period at end '', except that no property shall be forfeited under

this paragraph, to the extent of an interest of an owner, by reason

of any act or omission established by that owner to have been

committed or omitted without the knowledge or consent of that

owner''.

Subsec. (b). Pub. L. 106-185, Sec. 5(b), inserted heading and

amended text of subsec. (b) generally. Prior to amendment, subsec.

(b) authorized the Attorney General to seize property under this

subchapter upon process issued pursuant to the Supplemental Rules

for Certain Admirality and Maritime claims and to seize it without

process in certain described circumstances.

Subsec. (i). Pub. L. 106-185, Sec. 8(b), inserted heading and

amended text of subsec. (i) generally. Prior to amendment, text

read as follows: ''The filing of an indictment or information

alleging a violation of this subchapter or subchapter II of this

chapter, or a violation of State or local law that could have been

charged under this subchapter or subchapter II of this chapter,

which is also related to a civil forfeiture proceeding under this

section shall, upon motion of the United States and for good cause

shown, stay the civil forfeiture proceeding.''

1996 - Subsec. (a)(2), (6). Pub. L. 104-237, Sec. 201(b)(1),

inserted ''or listed chemical'' after ''controlled substance''.

Subsec. (a)(9). Pub. L. 104-237, Sec. 201(b)(2), substituted

''possessed, distributed, dispensed, acquired, or intended to be

distributed, dispensed, acquired,'' for ''possessed, distributed,

or intended to be distributed,'' and struck out ''a felony

provision of'' after ''in violation of''.

1994 - Subsec. (e)(1)(E)(iii). Pub. L. 103-447 substituted

''section 2291j(b) of title 22'' for ''section 2291(h) of title

22''.

1991 - Subsec. (e)(1)(B). Pub. L. 102-239, Sec. 2(1), substituted

''except as provided in paragraph (4), sell'' for ''sell''.

Subsec. (e)(4). Pub. L. 102-239, Sec. 2(2), added par. (4).

1990 - Subsec. (a)(10). Pub. L. 101-647, Sec. 2007, added par.

(10).

Subsec. (a)(11). Pub. L. 101-647, Sec. 2008, added par. (11).

Subsec. (e)(1)(B). Pub. L. 101-647, Sec. 2003, inserted '', by

public sale or any other commercially feasible means,'' after

''sell''.

Subsec. (f). Pub. L. 101-647, Sec. 2004, inserted ''; all

dangerous, toxic, or hazardous raw materials or products subject to

forfeiture under subsection (a)(2) of this section; and any

equipment or container subject to forfeiture under subsection

(a)(2) or (3) of this section which cannot be separated safely from

such raw materials or products'' after ''this subchapter'' in pars.

(1) and (2).

1989 - Subsec. (e)(3)(B). Pub. L. 101-189 amended subpar. (B)

generally. Prior to amendment, subpar. (B) read as follows: ''is

not so transferred to circumvent any requirement of State law that

prohibits forfeiture or limits use or disposition of property

forfeited to State or local agencies.''

1988 - Subsec. (a)(3). Pub. L. 100-690, Sec. 6059(b), inserted

reference to par. (9).

Subsec. (a)(4). Pub. L. 100-690, Sec. 6059(b), 6075, inserted in

introductory provisions reference to par. (9) and added subpar.

(C).

Subsec. (a)(7). Pub. L. 100-690, Sec. 5105, inserted ''(including

any leasehold interest)'' after ''interest''.

Subsec. (a)(9). Pub. L. 100-690, Sec. 6059(a), added par. (9).

Subsec. (e)(1)(A). Pub. L. 100-690, Sec. 6077(b), amended subpar.

(A) generally. Prior to amendment, subpar. (A) read as follows:

''retain the property for official use or transfer the custody or

ownership of any forfeited property to any Federal, State, or local

agency pursuant to section 1616a of title 19;''.

Subsec. (e)(1)(E). Pub. L. 100-690, Sec. 6074, added subpar. (E).

Subsec. (e)(2)(B). Pub. L. 100-690, Sec. 6253(b), provided for

deposit of moneys and proceeds in Postal Service Fund in cases of

forfeitures conducted by Postal Service.

Subsec. (e)(3). Pub. L. 100-690, Sec. 6077(a), added par. (3).

Subsec. (l). Pub. L. 100-690, Sec. 6253(a), added subsec. (l).

1986 - Subsec. (b). Pub. L. 99-570, Sec. 1865(1)-(3), and Pub. L.

99-646, Sec. 74(1)-(3), in making identical amendments in

introductory provision and par. (4), struck out ''or criminal''

after ''subject to civil'' and inserted paragraph permitting the

Government to request issuance of a warrant authorizing seizure of

property subject to forfeiture under this section in the same

manner as provided for a search warrant under the Federal Rules of

Criminal Procedure.

Subsec. (e). Pub. L. 99-570, Sec. 1992, designated existing

provisions as par. (1) and former pars. (1) to (4) as subpars. (A)

to (D), respectively, and added par. (2) in lieu of former

concluding provisions which read as follows: ''The Attorney General

shall ensure the equitable transfer pursuant to paragraph (1) of

any forfeited property to the appropriate State or local law

enforcement agency so as to reflect generally the contribution of

any such agency participating directly in any of the acts which led

to the seizure or forfeiture of such property. A decision by the

Attorney General pursuant to paragraph (1) shall not be subject to

review. The proceeds from any sale under paragraph (2) and any

moneys forfeited under this subchapter shall be used to pay all

proper expenses of the proceedings for forfeiture and sale

including expenses of seizure, maintenance of custody, advertising,

and court costs. The Attorney General shall forward to the

Treasurer of the United States for deposit in accordance with

section 524(c) of title 28 any amounts of such moneys and proceeds

remaining after payment of such expenses.''

Subsec. (f). Pub. L. 99-570, Sec. 1006(c), which directed the

amendment of section 511 of the ''Comprehensive Drug Abuse

Prevention Act of 1978'' was executed to this section which is

section 511 of the Comprehensive Drug Abuse Prevention Act of 1970,

as the probable intent of Congress, by designating existing

provisions as par. (1), inserting ''or II'' in two places, and

adding par. (2).

Subsec. (i). Pub. L. 99-570, Sec. 1865(b) and Pub. L. 99-646,

Sec. 74(b), made identical amendments, inserting '', or a violation

of State or local law that could have been charged under this

subchapter or subchapter II of this chapter,''.

1984 - Subsec. (a)(7). Pub. L. 98-473, Sec. 306(a), added par.

(7).

Subsec. (a)(8). Pub. L. 98-473, Sec. 518, added par. (8).

Subsec. (b). Pub. L. 98-473, Sec. 306(b)(1), inserted ''civil or

criminal'' after ''property subject to''.

Subsec. (b)(4). Pub. L. 98-473, Sec. 306(b)(2), substituted ''is

subject to civil or criminal forfeiture under'' for ''has been used

or is intended to be used in violation of''.

Subsec. (c). Pub. L. 98-473, Sec. 306(c)(1), in provisions

preceding par. (1), inserted ''any of'' after ''seized under''.

Subsec. (c)(3). Pub. L. 98-473, Sec. 306(c)(2), inserted '', if

practicable,'' after ''remove it''.

Subsec. (d). Pub. L. 98-473, Sec. 306(d), inserted ''any of''

after ''incurred, under''.

Subsec. (e). Pub. L. 98-473, Sec. 306(e), 309, inserted ''civilly

or criminally'' after ''Whenever property is'' and in provisions

preceding par. (1), inserted provisions relating to transfer of

custody or ownership of forfeited property in par. (1), substituted

''and dispose of it'' for ''and remove it for disposition'' in par.

(3), and, in provisions following par. (4), inserted sentence

requiring the Attorney General to ensure equitable transfer of any

forfeited property, and substituted ''accordance with section

524(c) of title 28'' for ''the general fund of the United States

Treasury''.

Subsecs. (h) to (j). Pub. L. 98-473, Sec. 306(f), added subsecs.

(h) to (j).

1979 - Subsec. (d). Pub. L. 96-132 substituted ''The provisions''

for ''All provisions'' and struck out ''and the award of

compensation to informers in respect of such forfeitures'' after

''compromise of claims''.

1978 - Subsec. (a)(6). Pub. L. 95-633, Sec. 301(1), added par.

(6).

Subsec. (e). Pub. L. 95-633, Sec. 301(a)(2), (3), struck out of

cl. (2) provisions relating to use of proceeds of sale and inserted

last sentence relating to the forwarding by the Attorney General of

money and proceeds remaining after payment of expenses.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-185 applicable to any forfeiture

proceeding commenced on or after the date that is 120 days after

Apr. 25, 2000, see section 21 of Pub. L. 106-185, set out as a note

under section 1324 of Title 8, Aliens and Nationality.

EFFECTIVE DATE OF 1989 AMENDMENT

Section 1215(b) of Pub. L. 101-189 provided that: ''The amendment

made by subsection (a) (amending this section) shall take effect as

of October 1, 1989.''

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by section 6059 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.

Section 6077(c) of Pub. L. 100-690, as amended by Pub. L.

101-162, title II, Sec. 208, Nov. 21, 1989, 103 Stat. 1005,

provided that: ''Section 551(e)(3)(B) of the Controlled Substances

Act (probably means section 511(e)(3)(B) of the Controlled

Substances Act, 21 U.S.C. 881(e)(3)(B)), as enacted by subsection

(a), shall apply with respect to fiscal years beginning after

September 30, 1991.''

-TRANS-

TRANSFER OF FUNCTIONS

Bureau of Narcotics and Dangerous Drugs, including office of

Director thereof, in Department of Justice abolished by Reorg. Plan

No. 2 of 1973, eff. July 1, 1973, 38 F.R. 15932, 87 Stat. 1091,

set out in the Appendix to Title 5, Government Organization and

Employees. Reorg. Plan No. 2 of 1973 also created in Department of

Justice a single, comprehensive agency for enforcement of drug laws

to be known as Drug Enforcement Administration, empowered Attorney

General to authorize performance by officers, employees, and

agencies of Department of functions transferred to him, and

directed Attorney General to coordinate all drug law enforcement

functions to assure maximum cooperation between Drug Enforcement

Administration, Federal Bureau of Investigation, and other units of

Department of Justice involved in drug law enforcement.

-MISC5-

CONSTRUCTIVE SEIZURE PROCEDURES

Pub. L. 101-225, title II, Sec. 210, Dec. 12, 1989, 103 Stat.

1913, provided that: ''Not later than 6 months after the date of

enactment of this Act (Dec. 12, 1989), the Secretary of

Transportation and the Secretary of the Treasury, in order to avoid

the devastating economic effects on innocent owners of seizures of

their vessels, shall develop a procedure for constructive seizure

of vessels of the United States engaged in commercial service as

defined in section 2101 of title 46, United States Code, that are

suspected of being used for committing violations of law involving

personal use quantities of controlled substances.''

REGULATIONS FOR EXPEDITED ADMINISTRATIVE FORFEITURE PROCEDURES

Section 6079 of Pub. L. 100-690 provided that:

''(a) In General. - Not later than 90 days after the date of

enactment of this Act (Nov. 18, 1988), the Attorney General and the

Secretary of the Treasury shall consult, and after providing a

30-day public comment period, shall prescribe regulations for

expedited administrative procedures for seizures under section

511(a)(4), (6), and (7) of the Controlled Substances Act (21 U.S.C.

881(a)(4), (6), and (7)); section 596 of the Tariff Act of 1930 (19

U.S.C. 1595a(a)); and section 2 of the Act of August 9, 1939 (53

Stat. 1291; 49 U.S.C. App. 782 (now 49 U.S.C. 80303)) for

violations involving the possession of personal use quantities of a

controlled substance.

''(b) Specifications. - The regulations prescribed pursuant to

subsection (a) shall -

''(1) minimize the adverse impact caused by prolonged

detention, and

''(2) provide for a final administrative determination of the

case within 21 days of seizure, or provide a procedure by which

the defendant can obtain release of the property pending a final

determination of the case. Such regulations shall provide that

the appropriate agency official rendering a final determination

shall immediately return the property if the following conditions

are established:

''(A) the owner or interested party did not know of or

consent to the violation;

''(B) the owner establishes a valid, good faith interest in

the seized property as owner or otherwise; and

''(C)(1) the owner establishes that the owner at no time had

any knowledge or reason to believe that the property in which

the owner claims an interest was being or would be used in a

violation of the law; and

''(2) if the owner at any time had, or should have had,

knowledge or reason to believe that the property in which the

owner claims an interest was being or would be used in a

violation of the law, that the owner did what reasonably could

be expected to prevent the violation.

An owner shall not have the seized property returned under this

subsection if the owner had not acted in a normal and customary

manner to ascertain how the property would be used.

''(c) Notice. - At the time of seizure or upon issuance of a

summons to appear under subsection (d), the officer making the

seizure shall furnish to any person in possession of the conveyance

a written notice specifying the procedures under this section. At

the earliest practicable opportunity after determining ownership of

the seized conveyance, the head of the department or agency that

seizes the conveyance shall furnish a written notice to the owner

and other interested parties (including lienholders) of the legal

and factual basis of the seizure.

''(d) Summons in Lieu of Seizure of Commercial Fishing Industry

Vessels. - Not later than 90 days after the enactment of this Act

(Nov. 18, 1988), the Attorney General, the Secretary of the

Treasury, and the Secretary of Transportation shall prescribe joint

regulations, after a public comment period of at least 30 days,

providing for issuance of a summons to appear in lieu of seizure of

a commercial fishing industry vessel as defined in section

2101(11a), (11b), and (11c) of title 46, United States Code, for

violations involving the possession of personal use quantities of a

controlled substance. These regulations shall apply when the

violation is committed on a commercial fishing industry vessel that

is proceeding to or from a fishing area or intermediate port of

call, or is actively engaged in fishing operations. The authority

provided under this section shall not affect existing authority to

arrest an individual for drug-related offenses or to release that

individual into the custody of the vessel's master. Upon answering

a summons to appear, the procedures set forth in subsections (a),

(b), and (c) of this section shall apply. The jurisdiction of the

district court for any forfeiture incurred shall not be affected by

the use of a summons under this section.

''(e) Personal Use Quantities of a Controlled Substance. - For

the purposes of this section, personal use quantities of a

controlled substance shall not include sweepings or other evidence

of non-personal use amounts.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 824, 842, 853, 958, 965

of this title; title 16 section 559d; title 33 section 1415; title

46 App. section 1904.

-CITE-

21 USC Sec. 881-1, 881a 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part E - Administrative and Enforcement Provisions

-HEAD-

Sec. 881-1, 881a. Transferred

-COD-

CODIFICATION

Section 881-1, Pub. L. 91-513, title II, Sec. 511A, as added Pub.

L. 100-690, title VI, Sec. 6080(a), Nov. 18, 1988, 102 Stat. 4326,

which related to expedited procedures for seized conveyances, was

renumbered Sec. 518 of Pub. L. 91-513 by Pub. L. 101-647, title X,

Sec. 1002(h)(1), Nov. 29, 1990, 104 Stat. 4828, transferred to

section 888 of this title and subsequently repealed.

Section 881a, Pub. L. 99-198, title XVII, Sec. 1764, Dec. 23,

1985, 99 Stat. 1652, which related to production control of

controlled substances, was renumbered section 519 of the Controlled

Substances Act by Pub. L. 101-647, title X, Sec. 1002(h)(2), Nov.

29, 1990, 104 Stat. 4828, and is classified to section 889 of this

title.

-CITE-

21 USC Sec. 882 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part E - Administrative and Enforcement Provisions

-HEAD-

Sec. 882. Injunctions

-STATUTE-

(a) Jurisdiction

The district courts of the United States and all courts

exercising general jurisdiction in the territories and possessions

of the United States shall have jurisdiction in proceedings in

accordance with the Federal Rules of Civil Procedure to enjoin

violations of this subchapter.

(b) Jury trial

In case of an alleged violation of an injunction or restraining

order issued under this section, trial shall, upon demand of the

accused, be by a jury in accordance with the Federal Rules of Civil

Procedure.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 512, Oct. 27, 1970, 84 Stat. 1278.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Civil Procedure, referred to in subsecs. (a)

and (b), are set out in the Appendix to Title 28, Judiciary and

Judicial Procedure.

-CITE-

21 USC Sec. 883 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part E - Administrative and Enforcement Provisions

-HEAD-

Sec. 883. Enforcement proceedings

-STATUTE-

Before any violation of this subchapter is reported by the

Administrator of the Drug Enforcement Administration to any United

States attorney for institution of a criminal proceeding, the

Administrator may require that the person against whom such

proceeding is contemplated is given appropriate notice and an

opportunity to present his views, either orally or in writing, with

regard to such contemplated proceeding.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 513, Oct. 27, 1970, 84 Stat. 1278;

Pub. L. 96-132, Sec. 16(c), Nov. 30, 1979, 93 Stat. 1049.)

-MISC1-

AMENDMENTS

1979 - Pub. L. 96-132 substituted ''Administrator of the Drug

Enforcement Administration'' for ''Director of the Bureau of

Narcotics and Dangerous Drugs'' and ''Administrator may'' for

''Director may''.

-CITE-

21 USC Sec. 884 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part E - Administrative and Enforcement Provisions

-HEAD-

Sec. 884. Immunity and privilege

-STATUTE-

(a) Refusal to testify

Whenever a witness refuses, on the basis of his privilege against

self-incrimination, to testify or provide other information in a

proceeding before a court or grand jury of the United States,

involving a violation of this subchapter, and the person presiding

over the proceeding communicates to the witness an order issued

under this section, the witness may not refuse to comply with the

order on the basis of his privilege against self-incrimination.

But no testimony or other information compelled under the order

issued under subsection (b) of this section or any information

obtained by the exploitation of such testimony or other

information, may be used against the witness in any criminal case,

including any criminal case brought in a court of a State, except a

prosecution for perjury, giving a false statement, or otherwise

failing to comply with the order.

(b) Order of United States district court

In the case of any individual who has been or may be called to

testify or provide other information at any proceeding before a

court or grand jury of the United States, the United States

district court for the judicial district in which the proceeding is

or may be held shall issue, upon the request of the United States

attorney for such district, an order requiring such individual to

give any testimony or provide any other information which he

refuses to give or provide on the basis of his privilege against

self-incrimination.

A United States attorney may, with the approval of the Attorney

General or the Deputy Attorney General, the Associate Attorney

General, or any Assistant Attorney General designated by the

Attorney General, request an order under subsection (b) of this

section when in his judgment -

(1) the testimony or other information from such individual may

be necessary to the public interest; and

(2) such individual has refused or is likely to refuse to

testify or provide other information on the basis of his

privilege against self-incrimination.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 514, Oct. 27, 1970, 84 Stat. 1278;

Pub. L. 100-690, title VII, Sec. 7020(f), Nov. 18, 1988, 102 Stat.

4396.)

-MISC1-

AMENDMENTS

1988 - Subsec. (c). Pub. L. 100-690 inserted reference to

Associate Attorney General.

-CITE-

21 USC Sec. 885 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part E - Administrative and Enforcement Provisions

-HEAD-

Sec. 885. Burden of proof; liabilities

-STATUTE-

(a) Exemptions and exceptions; presumption in simple possession

offenses

(1) It shall not be necessary for the United States to negative

any exemption or exception set forth in this subchapter in any

complaint, information, indictment, or other pleading or in any

trial, hearing, or other proceeding under this subchapter, and the

burden of going forward with the evidence with respect to any such

exemption or exception shall be upon the person claiming its

benefit.

(2) In the case of a person charged under section 844(a) of this

title with the possession of a controlled substance, any label

identifying such substance for purposes of section 353(b)(2) of

this title shall be admissible in evidence and shall be prima facie

evidence that such substance was obtained pursuant to a valid

prescription from a practitioner while acting in the course of his

professional practice.

(b) Registration and order forms

In the absence of proof that a person is the duly authorized

holder of an appropriate registration or order form issued under

this subchapter, he shall be presumed not to be the holder of such

registration or form, and the burden of going forward with the

evidence with respect to such registration or form shall be upon

him.

The burden of going forward with the evidence to establish that a

vehicle, vessel, or aircraft used in connection with controlled

substances in schedule I was used in accordance with the provisions

of this subchapter shall be on the persons engaged in such use.

(d) Immunity of Federal, State, local and other officials

Except as provided in sections 2234 and 2235 of title 18, no

civil or criminal liability shall be imposed by virtue of this

subchapter upon any duly authorized Federal officer lawfully

engaged in the enforcement of this subchapter, or upon any duly

authorized officer of any State, territory, political subdivision

thereof, the District of Columbia, or any possession of the United

States, who shall be lawfully engaged in the enforcement of any law

or municipal ordinance relating to controlled substances.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 515, Oct. 27, 1970, 84 Stat. 1279.)

-REFTEXT-

REFERENCES IN TEXT

Schedule I, referred to in subsec. (c), is set out in section

812(c) of this title.

-CITE-

21 USC Sec. 886 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part E - Administrative and Enforcement Provisions

-HEAD-

Sec. 886. Payments and advances

-STATUTE-

(a) Payment to informers

The Attorney General is authorized to pay any person, from funds

appropriated for the Drug Enforcement Administration, for

information concerning a violation of this subchapter, such sum or

sums of money as he may deem appropriate, without reference to any

moieties or rewards to which such person may otherwise be entitled

by law.

(b) Reimbursement for purchase of controlled substances

Moneys expended from appropriations of the Drug Enforcement

Administration for purchase of controlled substances and

subsequently recovered shall be reimbursed to the current

appropriation for the Administration. (FOOTNOTE 1)

(FOOTNOTE 1) See Codification note below.

The Attorney General is authorized to direct the advance of funds

by the Treasury Department in connection with the enforcement of

this subchapter.

(d) Drug Pollution Fund

(1) There is established in the Treasury a trust fund to be known

as the ''Drug Pollution Fund'' (hereinafter referred to in this

subsection as the ''Fund''), consisting of amounts appropriated or

credited to such Fund under section 841(b)(6) of this title.

(2) There are hereby appropriated to the Fund amounts equivalent

to the fines imposed under section 841(b)(6) of this title.

(3) Amounts in the Fund shall be available, as provided in

appropriations Acts, for the purpose of making payments in

accordance with paragraph (4) for the clean up of certain pollution

resulting from the actions referred to in section 841(b)(6) of this

title.

(4)(A) The Secretary of the Treasury, after consultation with the

Attorney General, shall make payments under paragraph (3), in such

amounts as the Secretary determines appropriate, to the heads of

executive agencies or departments that meet the requirements of

subparagraph (B).

(B) In order to receive a payment under paragraph (3), the head

of an executive agency or department shall submit an application in

such form and containing such information as the Secretary of the

Treasury shall by regulation require. Such application shall

contain a description of the fine imposed under section 841(b)(6)

of this title, the circumstances surrounding the imposition of such

fine, and the type and severity of pollution that resulted from the

actions to which such fine applies.

(5) For purposes of subchapter B of chapter 98 of title 26, the

Fund established under this paragraph shall be treated in the same

manner as a trust fund established under subchapter A of such

chapter.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 516, Oct. 27, 1970, 84 Stat. 1279;

Pub. L. 96-132, Sec. 16(b), Nov. 30, 1979, 93 Stat. 1049; Pub. L.

100-690, title VI, Sec. 6254(i), Nov. 18, 1988, 102 Stat. 4367.)

-COD-

CODIFICATION

In subsec. (b), ''Administration'' substituted for ''Bureau'' as

the probable intent of Congress in view of amendment by Pub. L.

96-132, which substituted references to the Drug Enforcement

Administration for references to the Bureau of Narcotics and

Dangerous Drugs wherever appearing in text.

-MISC3-

AMENDMENTS

1988 - Subsec. (d). Pub. L. 100-690 added subsec. (d).

1979 - Subsecs. (a), (b). Pub. L. 96-132 substituted ''Drug

Enforcement Administration'' for ''Bureau of Narcotics and

Dangerous Drugs''.

REIMBURSEMENT BY DRUG ENFORCEMENT ADMINISTRATION OF EXPENSES

INCURRED TO REMEDIATE METHAMPHETAMINE LABORATORIES

Pub. L. 106-310, div. B, title XXXVI, Sec. 3672, Oct. 17, 2000,

114 Stat. 1246, provided that:

''(a) Reimbursement Authorized. - The Attorney General, acting

through the Administrator of the Drug Enforcement Administration,

may reimburse States, units of local government, Indian tribal

governments, other public entities, and multi-jurisdictional or

regional consortia thereof for expenses incurred to clean up and

safely dispose of substances associated with clandestine

methamphetamine laboratories which may present a danger to public

health or the environment.

''(b) Additional DEA Personnel. - From amounts appropriated or

otherwise made available to carry out this section, the Attorney

General may hire not more than five additional Drug Enforcement

Administration personnel to administer this section.

''(c) Authorization of Appropriations. - There is authorized to

be appropriated to the Attorney General to carry out this section

$20,000,000 for fiscal year 2001.''

-CITE-

21 USC Sec. 886a 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part E - Administrative and Enforcement Provisions

-HEAD-

Sec. 886a. Diversion Control Fee Account

-STATUTE-

There is established in the general fund of the Treasury a

separate account which shall be known as the Diversion Control Fee

Account. For fiscal year 1993 and thereafter:

(1) There shall be deposited as offsetting receipts into that

account all fees collected by the Drug Enforcement

Administration, in excess of $15,000,000, for the operation of

its diversion control program.

(2) Such amounts as are deposited into the Diversion Control

Fee Account shall remain available until expended and shall be

refunded out of that account by the Secretary of the Treasury, at

least on a quarterly basis, to reimburse the Drug Enforcement

Administration for expenses incurred in the operation of the

diversion control program.

(3) Fees charged by the Drug Enforcement Administration under

its diversion control program shall be set at a level that

ensures the recovery of the full costs of operating the various

aspects of that program.

(4) The amount required to be refunded from the Diversion

Control Fee Account for fiscal year 1994 and thereafter shall be

refunded in accordance with estimates made in the budget request

of the Attorney General for those fiscal years. Any proposed

changes in the amounts designated in said budget requests shall

only be made after notification to the Committees on

Appropriations of the House of Representatives and the Senate

fifteen days in advance.

-SOURCE-

(Pub. L. 102-395, title I, Sec. 111(b), Oct. 6, 1992, 106 Stat.

1843; Pub. L. 105-362, title X, Sec. 1001(b), Nov. 10, 1998, 112

Stat. 3291.)

-COD-

CODIFICATION

Section was enacted as part of the Departments of Commerce,

Justice, and State, the Judiciary, and Related Agencies

Appropriations Act, 1993, and not as part of the Controlled

Substances Act which comprises this subchapter.

-MISC3-

AMENDMENTS

1998 - Par. (5). Pub. L. 105-362 struck out par. (5) which read

as follows: ''The Attorney General shall prepare and submit

annually to the Congress, statements of financial condition of the

account, including the beginning balance, receipts, refunds to

appropriations, transfers to the general fund, and the ending

balance.''

-CITE-

21 USC Sec. 887 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part E - Administrative and Enforcement Provisions

-HEAD-

Sec. 887. Coordination and consolidation of post-seizure

administration

-STATUTE-

The Attorney General and the Secretary of the Treasury shall take

such action as may be necessary to develop and maintain a joint

plan to coordinate and consolidate post-seizure administration of

property seized under this subchapter, subchapter II of this

chapter, or provisions of the customs laws relating to controlled

substances.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 517, as added Pub. L. 100-690,

title VI, Sec. 6078(a), Nov. 18, 1988, 102 Stat. 4325.)

-REFTEXT-

REFERENCES IN TEXT

The customs laws, referred to in text, are classified generally

to Title 19, Customs Duties.

-CITE-

21 USC Sec. 888 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part E - Administrative and Enforcement Provisions

-HEAD-

Sec. 888. Repealed. Pub. L. 106-185, Sec. 2(c)(3), Apr. 25, 2000,

114 Stat. 210

-MISC1-

Section, Pub. L. 91-513, title II, Sec. 518, formerly Sec. 511A,

as added Pub. L. 100-690, title VI, Sec. 6080(a), Nov. 18, 1988,

102 Stat. 4326; renumbered Sec. 518, Pub. L. 101-647, title X, Sec.

1002(h)(1), Nov. 29, 1990, 104 Stat. 4828, related to expedited

procedures for seized conveyances.

Section was classified to section 881-1 of this title prior to

renumbering by Pub. L. 101-647.

EFFECTIVE DATE OF REPEAL

Repeal applicable to any forfeiture proceeding commenced on or

after the date that is 120 days after Apr. 25, 2000, see section 21

of Pub. L. 106-185, set out as an Effective Date of 2000 Amendment

note under section 1324 of Title 8, Aliens and Nationality.

-CITE-

21 USC Sec. 889 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part E - Administrative and Enforcement Provisions

-HEAD-

Sec. 889. Production control of controlled substances

-STATUTE-

(a) Definitions

As used in this section:

(1) The term ''controlled substance'' has the same meaning

given such term in section 802(6) of this title.

(2) The term ''Secretary'' means the Secretary of Agriculture.

(3) The term ''State'' means each of the fifty States, the

District of Columbia, the Commonwealth of Puerto Rico, Guam, the

Virgin Islands of the United States, American Samoa, the

Commonwealth of the Northern Mariana Islands, or the Trust

Territory of the Pacific Islands.

(b) Persons ineligible for Federal agricultural program benefits

Notwithstanding any other provision of law, following December

23, 1985, any person who is convicted under Federal or State law of

planting, cultivation, growing, producing, harvesting, or storing a

controlled substance in any crop year shall be ineligible for -

(1) as to any commodity produced during that crop year, and the

four succeeding crop years, by such person -

(A) any price support or payment made available under the

Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), the Commodity

Credit Corporation Charter Act (15 U.S.C. 714 et seq.), or any

other Act;

(B) a farm storage facility loan made under section 4(h) of

the Commodity Credit Corporation Charter Act (15 U.S.C.

714b(h));

U.S.C. 1501 et seq.);

(D) a disaster payment made under the Agricultural Act of

1949 (7 U.S.C. 1421 et seq.); or

(E) a loan made, insured or guaranteed under the Consolidated

Farm and Rural Development Act (7 U.S.C. 1921 et seq.) or any

other provision of law administered by the Farmers Home

Administration; or

(2) a payment made under section 4 or 5 of the Commodity Credit

Corporation Charter Act (15 U.S.C. 714b or 714c) for the storage

of an agricultural commodity that is -

(A) produced during that crop year, or any of the four

succeeding crop years, by such person; and

(B) acquired by the Commodity Credit Corporation.

Not later than 180 days after December 23, 1985, the Secretary

shall issue such regulations as the Secretary determines are

necessary to carry out this section, including regulations that -

(1) define the term ''person'';

(2) govern the determination of persons who shall be ineligible

for program benefits under this section; and

(3) protect the interests of tenants and sharecroppers.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 519, formerly Pub. L. 99-198, title

XVII, Sec. 1764, Dec. 23, 1985, 99 Stat. 1652; renumbered Sec. 519

of Pub. L. 91-513, Pub. L. 101-647, title X, Sec. 1002(h)(2), Nov.

29, 1990, 104 Stat. 4828.)

-REFTEXT-

REFERENCES IN TEXT

The Agricultural Act of 1949, referred to in subsec. (b)(1)(A),

(D), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended,

which is classified principally to chapter 35A (Sec. 1421 et seq.)

of Title 7, Agriculture. For complete classification of this Act to

the Code, see Short Title note set out under section 1421 of Title

7 and Tables.

The Commodity Credit Corporation Charter Act, referred to in

subsec. (b)(1)(A), is act June 29, 1948, ch. 704, 62 Stat. 1070, as

amended, and is classified generally to subchapter II (Sec. 714 et

seq.) of chapter 15 of Title 15, Commerce and Trade. For complete

classification of this Act to the Code, see Short Title note set

out under section 714 of Title 15 and Tables.

The Federal Crop Insurance Act, referred to in subsec. (b)(1)(C),

is title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, as amended,

which is classified generally to chapter 36 (Sec. 1501 et seq.) of

Title 7, Agriculture. For complete classification of this Act to

the Code, see section 1501 of Title 7 and Tables.

The Consolidated Farm and Rural Development Act, referred to in

subsec. (b)(1)(E), is title III of Pub. L. 87-128, Aug. 8, 1961, 75

Stat. 307, as amended, which is classified principally to chapter

50 (Sec. 1921 et seq.) of Title 7. For complete classification of

this Act to the Code, see Short Title note set out under section

1921 of Title 7 and Tables.

-COD-

CODIFICATION

Section was classified to section 881a of this title prior to

renumbering by Pub. L. 101-647.

-MISC3-

AMENDMENTS

1990 - Pub. L. 101-647 renumbered section 881a of this title as

this section.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-CITE-

21 USC Sec. 890 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part E - Administrative and Enforcement Provisions

-HEAD-

Sec. 890. Review of Federal sales of chemicals usable to

manufacture controlled substances

-STATUTE-

A Federal department or agency may not sell from the stocks of

the department or agency any chemical which, as determined by the

Administrator of the Drug Enforcement Administration, could be used

in the manufacture of a controlled substance unless the

Administrator certifies in writing to the head of the department or

agency that there is no reasonable cause to believe that the sale

of the chemical would result in the illegal manufacture of a

controlled substance.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 520, as added Pub. L. 104-201,

div. A, title X, Sec. 1034(a), Sept. 23, 1996, 110 Stat. 2640.)

-CITE-

21 USC Part F - General Provisions 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part F - General Provisions

-HEAD-

Part F - General Provisions

-COD-

CODIFICATION

The letter designation for this Part F was, in the original, Part

G. The original Part F of title II of Pub. L. 91-513, consisting of

section 601 thereof, is set out as a note under section 801 of this

title. The original Part G of title II of Pub. L. 91-513 consisted

of sections 701 to 709. Sections 701 to 705 amended and repealed

sections in this title and in Title 18, Crimes and Criminal

Procedure, and Title 42, The Public Health and Welfare, and enacted

provisions set out as notes under sections 321, 801, and 822 of

this title. See Tables for classifications of said sections 701 to

705. Sections 706 to 709 of Pub. L. 91-513 are set out as sections

901 to 904 of this title and, for purposes of codification,

comprise this Part F.

-CITE-

21 USC Sec. 901 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part F - General Provisions

-HEAD-

Sec. 901. Severability

-STATUTE-

If a provision of this chapter is held invalid, all valid

provisions that are severable shall remain in effect. If a

provision of this chapter is held invalid in one or more of its

applications, the provision shall remain in effect in all its valid

applications that are severable.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 706, Oct. 27, 1970, 84 Stat. 1284.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

Act'', meaning Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1236, as

amended. For complete classification of this Act to the Code, see

Short Title note set out under section 801 of this title and

Tables.

-CITE-

21 USC Sec. 902 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part F - General Provisions

-HEAD-

Sec. 902. Savings provisions

-STATUTE-

Nothing in this chapter, except this part and, to the extent of

any inconsistency, sections 827(e) and 829 of this title, shall be

construed as in any way affecting, modifying, repealing, or

superseding the provisions of the Federal Food, Drug, and Cosmetic

Act (21 U.S.C. Sec. 301 et seq.).

-SOURCE-

(Pub. L. 91-513, title II, Sec. 707, Oct. 27, 1970, 84 Stat. 1284.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Food, Drug, and Cosmetic Act, referred to in text, is

act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, which is

classified generally to chapter 9 (Sec. 301 et seq.) of this

title. For complete classification of this Act to the Code, see

section 301 of this title and Tables.

-CITE-

21 USC Sec. 903 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part F - General Provisions

-HEAD-

Sec. 903. Application of State law

-STATUTE-

No provision of this subchapter shall be construed as indicating

an intent on the part of the Congress to occupy the field in which

that provision operates, including criminal penalties, to the

exclusion of any State law on the same subject matter which would

otherwise be within the authority of the State, unless there is a

positive conflict between that provision of this subchapter and

that State law so that the two cannot consistently stand together.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 708, Oct. 27, 1970, 84 Stat. 1284.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in text, was in the original ''this

title'', meaning title II of Pub. L. 91-513, Oct. 27, 1970, 84

Stat. 1242, as amended, 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.

-CITE-

21 USC Sec. 904 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

Part F - General Provisions

-HEAD-

Sec. 904. Payment of tort claims

-STATUTE-

Notwithstanding section 2680(k) of title 28, the Attorney

General, in carrying out the functions of the Department of Justice

under this subchapter, is authorized to pay tort claims in the

manner authorized by section 2672 of title 28, when such claims

arise in a foreign country in connection with the operations of the

Drug Enforcement Administration abroad.

-SOURCE-

(Pub. L. 91-513, title II, Sec. 709, Oct. 27, 1970, 84 Stat. 1284;

Pub. L. 93-481, Sec. 1, Oct. 26, 1974, 88 Stat. 1455; Pub. L.

95-137, Sec. 1(a), Oct. 18, 1977, 91 Stat. 1169; Pub. L. 96-132,

Sec. 13, 15, Nov. 30, 1979, 93 Stat. 1048; Pub. L. 97-414, Sec.

9(g)(1), Jan. 4, 1983, 96 Stat. 2064.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 97-414 struck out subsecs. (a) and (b) which had

provided, respectively, that (a) there were authorized to be

appropriated $105,000,000 for the fiscal year ending June 30, 1975,

$175,000,000 for the fiscal year ending June 30, 1976, $200,000,000

for the fiscal year ending September 30, 1977, $188,000,000 for the

fiscal year ending September 30, 1978, $215,000,000 for the fiscal

year ending September 30, 1979, and $198,336,000 for the fiscal

year ending September 30, 1980, for the expenses of the Department

of Justice in carrying out its functions under this subchapter, and

that (b) no funds appropriated under any other provision of this

chapter could be used for the expenses of the Department of Justice

for which funds were authorized to be appropriated by former

subsection (a) of this section, and removed the subsection

designator (c) before ''Notwithstanding''.

1979 - Subsec. (a). Pub. L. 96-132, Sec. 15, inserted provisions

authorizing appropriations of $198,336,000 for the fiscal year

ending Sept. 30, 1980.

Subsec. (c). Pub. L. 96-132, Sec. 13, added subsec. (c).

1977 - Subsec. (a). Pub. L. 95-137 substituted ''September 30,

1977, $188,000,000 for the fiscal year ending September 30, 1978,

and $215,000,000 for the fiscal year ending September 30, 1979,''

for ''June 30, 1977,'' and struck out ''(other than its expenses

incurred in connection with carrying out section 803(a) of this

title)''.

1974 - Pub. L. 93-481 designated existing provisions as subsec.

(a), substituted authorization of appropriations for fiscal years

ending June 30, 1975, June 30, 1976, and June 30, 1977, for

authorization of appropriations for fiscal years ending June 30,

1972, June 30, 1973, and June 30, 1974, and added subsec. (b).

-CITE-

21 USC SUBCHAPTER II - IMPORT AND EXPORT 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER II - IMPORT AND EXPORT

-HEAD-

SUBCHAPTER II - IMPORT AND EXPORT

-COD-

CODIFICATION

This subchapter is comprised of Part A of title III of Pub. L.

91-513, Oct. 27, 1970, 84 Stat. 1285. Part B of title III contains

amendatory, repealing, and transitional provisions generally

classified elsewhere.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 381, 802, 824, 828,

830, 841, 842, 843, 844, 848, 849, 850, 853, 854, 861, 881, 887 of

this title; title 10 section 374; title 12 section 3420; title 18

sections 924, 929, 3142, 3554, 3592; title 19 section 1401; title

22 section 2714; title 28 section 524; title 42 section 242; title

48 section 1494b.

-CITE-

21 USC Sec. 951 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER II - IMPORT AND EXPORT

-HEAD-

Sec. 951. Definitions

-STATUTE-

(a) For purposes of this subchapter -

(1) The term ''import'' means, with respect to any article, any

bringing in or introduction of such article into any area

(whether or not such bringing in or introduction constitutes an

importation within the meaning of the tariff laws of the United

States).

(2) The term ''customs territory of the United States'' has the

meaning assigned to such term by general note 2 of the Harmonized

Tariff Schedule of the United States.

(b) Each term defined in section 802 of this title shall have the

same meaning for purposes of this subchapter as such term has for

purposes of subchapter I of this chapter.

-SOURCE-

(Pub. L. 91-513, title III, Sec. 1001, Oct. 27, 1970, 84 Stat.

1285; Pub. L. 100-418, title I, Sec. 1214(m), Aug. 23, 1988, 102

Stat. 1158.)

-REFTEXT-

REFERENCES IN TEXT

The Harmonized Tariff Schedule of the United States, referred to

in subsec. (a)(2), is not set out in the Code. See Publication of

Harmonized Tariff Schedule note set out under section 1202 of Title

19, Customs Duties.

This subchapter, referred to in subsecs. (a) and (b), was in the

original ''this title'', meaning title III of Pub. L. 91-513, Oct.

27, 1970, 84 Stat. 1285, as amended. Part A of title III comprises

this subchapter. For classification of Part B, consisting of

sections 1101 to 1105 of title III, see Tables.

-MISC2-

AMENDMENTS

1988 - Subsec. (a)(2). Pub. L. 100-418 substituted ''general note

2 of the Harmonized Tariff Schedule of the United States'' for

''general headnote 2 to the Tariff Schedules of the United

States''.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and

applicable with respect to articles entered on or after such date,

see section 1217(b)(1) of Pub. L. 100-418, set out as an Effective

Date note under section 3001 of Title 19, Customs Duties.

EFFECTIVE DATE

Section 1105(a)-(c) of title III of Pub. L. 91-513, as amended by

Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided

that:

''(a) Except as otherwise provided in this section, this title

(see Short Title note below) shall become effective on the first

day of the seventh calendar month that begins after the day

immediately preceding the date of enactment (Oct. 27, 1970).

''(b) Sections 1000, 1001, 1006, 1015, 1016, 1103, 1104 (see

Short Title note below and sections 171 note, 951, 956, 957 note,

965, and 966 of this title), and this section shall become

effective upon enactment (Oct. 27, 1970).

''(c)(1) If the Attorney General, pursuant to the authority of

section 704(c) of title II (set out as a note under section 801 of

this title), postpones the effective date of section 306 (relating

to manufacturing quotas) (section 826 of this title) for any period

beyond the date specified in section 704(a) (set out as a note

under section 801 of this title), and such postponement applies to

narcotic drugs, the repeal of the Narcotics Manufacturing Act of

1960 (sections 501 to 517 of this title) by paragraph (10) of

section 1101(a) of this title is hereby postponed for the same

period, except that the postponement made by this paragraph shall

not apply to the repeal of sections 4, 5, 13, 15, and 16 of that

Act (which were classified to sections 182, 503, 511, and 513 of

this title and sections 4702, 4731, and 4731 note of Title 26,

Internal Revenue Code).

''(2) Effective for any period of postponement, by paragraph (1)

of this subsection, of the repeal of provisions of the Narcotics

Manufacturing Act of 1960 (sections 501 to 517 of this title), that

Act shall be applied subject to the following modifications:

''(A) The term 'narcotic drug' shall mean a narcotic drug as

defined in section 102(16) of title II (section 802(16) of this

title), and all references, in the Narcotics Manufacturing Act of

1960 (sections 501 to 517 of this title), to a narcotic drug as

defined by section 4731 of the Internal Revenue Code of 1986

(formerly I.R.C. 1954, section 4731 of Title 26) are amended to

refer to a narcotic drug as defined by such section 102(16)

(section 802(16) of this title).

''(B) On and after the date prescribed by the Attorney General

pursuant to clause (2) of section 703(c) of title II, (set out as a

note under section 822 of this title), the requirements of a

manufacturer's license with respect to a basic class of narcotic

drug under the Narcotics Manufacturing Act of 1960 (sections 501 to

517 of this title), and of a registration under section 4722 of the

Internal Revenue Code of 1986 (formerly I.R.C. 1954, section 4722

of Title 26) as a prerequisite to issuance of such a license, shall

be superseded by a requirement of actual registration (as

distinguished from provisional registration) as a manufacturer of

that class of drug under section 303(a) of title II (section 823(a)

of this title).

''(C) On and after the effective date of the repeal of such

section 4722 (section 4722 of title 26) by section 1101(b)(3) of

this title, but prior to the date specified in subparagraph (B) of

this paragraph, the requirement of registration under such section

4722 (section 4722 of title 26) as a prerequisite of a

manufacturer's license under the Narcotics Manufacturing Act of

1960 (sections 501 to 517 of this title) shall be superseded by a

requirement of either (i) actual registration as a manufacturer

under section 303 of title II (section 823 of this title) or (ii)

provisional registration (by virtue of a preexisting registration

under such section 4722) under section 703 of title II (set out as

a note under section 822 of this title).''

SHORT TITLE

Section 1000 of title III of Pub. L. 91-513 provided that: ''This

title (enacting this subchapter, amending sections 162 and 967 of

this title, section 4251 of Title 18, Crimes and Criminal

Procedure, section 1584 of Title 19, Customs Duties, sections 4901,

4905, 6808, 7012, 7103, 7326, 7607, 7609, 7641, 7651, and 7655 of

Title 26, Internal Revenue Code, section 2901 of Title 28,

Judiciary and Judicial Procedure, sections 529d, 529e, and 529f of

former Title 31, Money and Finance, section 304m of former Title

40, Public Buildings, Property, and Works, section 3411 of Title

42, The Public Health and Welfare, section 239a of former Title 46,

Shipping, and section 787 of former Title 49, Transportation,

repealing sections 171 to 174, 176 to 185, 188 to 188n, 191 to 193,

197, 198, 199, and 501 to 517 of this title, sections 1401 to 1407,

and 3616 of Title 18, sections 4701 to 4707, 4711 to 4716, 4721 to

4726, 4731 to 4736, 4741 to 4746, 4751 to 4757, 4761, 4762, 4771 to

4776, 7237, 7238, and 7491 of Title 26, sections 529a and 529g of

former Title 31, section 1421m of Title 48, Territories and Insular

Possessions, and enacting provisions set out as notes under this

section and sections 171 and 957 of this title) may be cited as the

'Controlled Substances Import and Export Act'.''

RULES AND REGULATIONS

Section 1105(d) of Pub. L. 91-513 provided: ''Any orders, rules

and regulations which have been promulgated under any law affected

by this title (see Short Title note above) and which are in effect

on the day preceding enactment of this title (Oct. 27, 1970) shall

continue in effect until modified, superseded, or repealed.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 section 5038.

-CITE-

21 USC Sec. 952 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER II - IMPORT AND EXPORT

-HEAD-

Sec. 952. Importation of controlled substances

-STATUTE-

(a) Controlled substances in schedule I or II and narcotic drugs in

schedule III, IV, or V; exceptions

It shall be unlawful to import into the customs territory of the

United States from any place outside thereof (but within the United

States), or to import into the United States from any place outside

thereof, any controlled substance in schedule I or II of subchapter

I of this chapter, or any narcotic drug in schedule III, IV, or V

of subchapter I of this chapter, except that -

(1) such amounts of crude opium, poppy straw, concentrate of

poppy straw, and coca leaves as the Attorney General finds to be

necessary to provide for medical, scientific, or other legitimate

purposes, and

(2) such amounts of any controlled substance in schedule I or

II or any narcotic drug in schedule III, IV, or V that the

Attorney General finds to be necessary to provide for the

medical, scientific, or other legitimate needs of the United

States -

(A) during an emergency in which domestic supplies of such

substance or drug are found by the Attorney General to be

inadequate,

(B) in any case in which the Attorney General finds that

competition among domestic manufacturers of the controlled

substance is inadequate and will not be rendered adequate by

the registration of additional manufacturers under section 823

of this title, or

controlled substance is in limited quantities exclusively for

scientific, analytical, or research uses,

may be so imported under such regulations as the Attorney General

shall prescribe. No crude opium may be so imported for the purpose

of manufacturing heroin or smoking opium.

(b) Nonnarcotic controlled substances in schedule III, IV, or V

It shall be unlawful to import into the customs territory of the

United States from any place outside thereof (but within the United

States), or to import into the United States from any place outside

thereof, any nonnarcotic controlled substance in schedule III, IV,

or V, unless such nonnarcotic controlled substance -

(1) is imported for medical, scientific, or other legitimate

uses, and

(2) is imported pursuant to such notification, or declaration,

or in the case of any nonnarcotic controlled substance in

schedule III, such import permit, notification, or declaration,

as the Attorney General may by regulation prescribe, except that

if a nonnarcotic controlled substance in schedule IV or V is also

listed in schedule I or II of the Convention on Psychotropic

Substances it shall be imported pursuant to such import permit

requirements, prescribed by regulation of the Attorney General,

as are required by the Convention.

In addition to the amount of coca leaves authorized to be

imported into the United States under subsection (a) of this

section, the Attorney General may permit the importation of

additional amounts of coca leaves. All cocaine and ecgonine (and

all salts, derivatives, and preparations from which cocaine or

ecgonine may be synthesized or made) contained in such additional

amounts of coca leaves imported under this subsection shall be

destroyed under the supervision of an authorized representative of

the Attorney General.

-SOURCE-

(Pub. L. 91-513, title III, Sec. 1002, Oct. 27, 1970, 84 Stat.

1285; Pub. L. 95-633, title I, Sec. 105, Nov. 10, 1978, 92 Stat.

3772; Pub. L. 98-473, title II, Sec. 519-521, Oct. 12, 1984, 98

Stat. 2075.)

-REFTEXT-

REFERENCES IN TEXT

Schedules I, II, III, IV, and V, referred to in subsecs. (a) and

(b), are set out in section 812(c) of this title.

-MISC2-

AMENDMENTS

1984 - Subsec. (a)(1). Pub. L. 98-473, Sec. 519, amended par. (1)

generally, inserting references to poppy straw and concentrate of

poppy straw.

Subsec. (a)(2)(C). Pub. L. 98-473, Sec. 520, added subpar. (C).

Subsec. (b)(2). Pub. L. 98-473, Sec. 521, substituted ''is

imported pursuant to such notification, or declaration, or in the

case of any nonnarcotic controlled substance in schedule III, such

import permit, notification, or declaration, as the Attorney

General may by regulation prescribe, except that if a nonnarcotic

controlled substance in schedule IV or V is also listed in schedule

I or II of the Convention on Psychotropic Substances it shall be

imported pursuant to such import permit requirements, prescribed by

regulation of the Attorney General, as are required by the

Convention'' for ''is imported pursuant to such notification or

declaration requirements as the Attorney General may by regulation

prescribe, except that if a nonnarcotic controlled substance in

schedule III, IV, or V is also listed in schedule I or II of the

Convention on Psychotropic Substances it shall be imported pursuant

to such import permit requirements, prescribed by regulation of the

Attorney General, as are required by the Convention''.

1978 - Subsec. (b)(2). Pub. L. 95-633 inserted provision relating

to exception for nonnarcotic controlled substances listed in

schedule I or II of the Convention on Psychotropic Substances.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-633 effective on date the Convention on

Psychotropic Substances enters into force in the United States

(July 15, 1980), see section 112 of Pub. L. 95-633, set out as an

Effective Date note under section 801a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 954, 956, 958, 960 of

this title; title 18 section 5032; title 28 section 994.

-CITE-

21 USC Sec. 953 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER II - IMPORT AND EXPORT

-HEAD-

Sec. 953. Exportation of controlled substances

-STATUTE-

(a) Narcotic drugs in schedule I, II, III, or IV

It shall be unlawful to export from the United States any

narcotic drug in schedule I, II, III, or IV unless -

(1) it is exported to a country which is a party to -

(A) the International Opium Convention of 1912 for the

Suppression of the Abuses of Opium, Morphine, Cocaine, and

Derivative Drugs, or to the International Opium Convention

signed at Geneva on February 19, 1925; or

(B) the Convention for Limiting the Manufacture and

Regulating the Distribution of Narcotic Drugs concluded at

Geneva, July 13, 1931, as amended by the protocol signed at

Lake Success on December 11, 1946, and the protocol bringing

under international control drugs outside the scope of the

convention of July 13, 1931, for limiting the manufacture and

regulating the distribution of narcotic drugs (as amended by

the protocol signed at Lake Success on December 11, 1946),

signed at Paris, November 19, 1948; or

New York, March 30, 1961;

(2) such country has instituted and maintains, in conformity

with the conventions to which it is a party, a system for the

control of imports of narcotic drugs which the Attorney General

deems adequate;

(3) the narcotic drug is consigned to a holder of such permits

or licenses as may be required under the laws of the country of

import, and a permit or license to import such drug has been

issued by the country of import;

(4) substantial evidence is furnished to the Attorney General

by the exporter that (A) the narcotic drug is to be applied

exclusively to medical or scientific uses within the country of

import, and (B) there is an actual need for the narcotic drug for

medical or scientific uses within such country; and

(5) a permit to export the narcotic drug in each instance has

been issued by the Attorney General.

(b) Exception for exportation for special scientific purposes

Notwithstanding subsection (a) of this section, the Attorney

General may authorize any narcotic drug (including crude opium and

coca leaves) in schedule I, II, III, or IV to be exported from the

United States to a country which is a party to any of the

international instruments mentioned in subsection (a) of this

section if the particular drug is to be applied to a special

scientific purpose in the country of destination and the

authorities of such country will permit the importation of the

particular drug for such purpose.

It shall be unlawful to export from the United States any

nonnarcotic controlled substance in schedule I or II unless -

(1) it is exported to a country which has instituted and

maintains a system which the Attorney General deems adequate for

the control of imports of such substances;

(2) the controlled substance is consigned to a holder of such

permits or licenses as may be required under the laws of the

country of import;

(3) substantial evidence is furnished to the Attorney General

that (A) the controlled substance is to be applied exclusively to

medical, scientific, or other legitimate uses within the country

to which exported, (B) it will not be exported from such country,

and (C) there is an actual need for the controlled substance for

medical, scientific, or other legitimate uses within the country;

and

(4) a permit to export the controlled substance in each

instance has been issued by the Attorney General.

(d) Exception for exportation for special scientific purposes

Notwithstanding subsection (c) of this section, the Attorney

General may authorize any nonnarcotic controlled substance in

schedule I or II to be exported from the United States if the

particular substance is to be applied to a special scientific

purpose in the country of destination and the authorities of such

country will permit the importation of the particular drug for such

purpose.

(e) Nonnarcotic controlled substances in schedule III or IV;

controlled substances in schedule V

It shall be unlawful to export from the United States to any

other country any nonnarcotic controlled substance in schedule III

or IV or any controlled substances in schedule V unless -

(1) there is furnished (before export) to the Attorney General

documentary proof that importation is not contrary to the laws or

regulations of the country of destination for consumption for

medical, scientific, or other legitimate purposes;

(2) it is exported pursuant to such notification or

declaration, or in the case of any nonnarcotic controlled

substance in schedule III, such export permit, notification, or

declaration as the Attorney General may by regulation prescribe;

and

(3) in the case of a nonnarcotic controlled substance in

schedule IV or V which is also listed in schedule I or II of the

Convention on Psychotropic Substances, it is exported pursuant to

such export permit requirements, prescribed by regulation of the

Attorney General, as are required by the Convention.

-SOURCE-

(Pub. L. 91-513, title III, Sec. 1003, Oct. 27, 1970, 84 Stat.

1286; Pub. L. 95-633, title I, Sec. 106, Nov. 10, 1978, 92 Stat.

3772; Pub. L. 98-473, title II, Sec. 522, Oct. 12, 1984, 98 Stat.

2076.)

-REFTEXT-

REFERENCES IN TEXT

Schedules I, II, III, IV and V, referred to in text, are set out

in section 812(c) of this title.

-MISC2-

AMENDMENTS

1984 - Subsec. (e). Pub. L. 98-473 in cl. (1) inserted provisions

for consumption for medical, etc., purposes, added cls. (2) and

(3), and struck out former cls. (2) to (4), respectively, relating

to a special controlled substance invoice, two additional copies of

the invoice, and exportation of a nonnarcotic controlled substance

in schedule III, IV, or V, also listed in schedule I or II of the

Convention.

1978 - Subsec. (e)(4). Pub. L. 95-633 added par. (4).

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-633 effective on date the Convention on

Psychotropic Substances enters into force in the United States

(July 15, 1980), see section 112 of Pub. L. 95-633, set out as an

Effective Date note under section 801a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 954, 956, 960 of this

title; title 18 section 5032; title 19 section 1583; title 48

section 1972.

-CITE-

21 USC Sec. 954 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER II - IMPORT AND EXPORT

-HEAD-

Sec. 954. Transshipment and in-transit shipment of controlled

substances

-STATUTE-

Notwithstanding sections 952, 953, and 957 of this title -

(1) A controlled substance in schedule I may -

(A) be imported into the United States for transshipment to

another country, or

(B) be transferred or transshipped from one vessel, vehicle,

or aircraft to another vessel, vehicle, or aircraft within the

United States for immediate exportation,

if and only if it is so imported, transferred, or transshipped

(i) for scientific, medical, or other legitimate purposes in the

country of destination, and (ii) with the prior written approval

of the Attorney General (which shall be granted or denied within

21 days of the request).

(2) A controlled substance in schedule II, III, or IV may be so

imported, transferred, or transshipped if and only if advance

notice is given to the Attorney General in accordance with

regulations of the Attorney General.

-SOURCE-

(Pub. L. 91-513, title III, Sec. 1004, Oct. 27, 1970, 84 Stat.

1287.)

-REFTEXT-

REFERENCES IN TEXT

Schedules I, II, III, and IV, referred to in text, are set out in

section 812(c) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 830, 956, 961 of this

title.

-CITE-

21 USC Sec. 955 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER II - IMPORT AND EXPORT

-HEAD-

Sec. 955. Possession on board vessels, etc., arriving in or

departing from United States

-STATUTE-

It shall be unlawful for any person to bring or possess on board

any vessel or aircraft, or on board any vehicle of a carrier,

arriving in or departing from the United States or the customs

territory of the United States, a controlled substance in schedule

I or II or a narcotic drug in schedule III or IV, unless such

substance or drug is a part of the cargo entered in the manifest or

part of the official supplies of the vessel, aircraft, or vehicle.

-SOURCE-

(Pub. L. 91-513, title III, Sec. 1005, Oct. 27, 1970, 84 Stat.

1287.)

-REFTEXT-

REFERENCES IN TEXT

Schedules I, II, III, and IV, referred to in text, are set out in

section 812(c) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 956, 960 of this title;

title 18 sections 5032, 5038; title 28 section 994.

-CITE-

21 USC Sec. 955a to 955d 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER II - IMPORT AND EXPORT

-HEAD-

Sec. 955a to 955d. Transferred

-COD-

CODIFICATION

Sections, Pub. L. 96-350, Sec. 1-4, Sept. 15, 1980, 94 Stat.

1159, 1160, relating to maritime drug law enforcement, were

transferred to sections 1901 to 1904 of Title 46, Appendix,

Shipping.

-CITE-

21 USC Sec. 956 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER II - IMPORT AND EXPORT

-HEAD-

Sec. 956. Exemption authority

-STATUTE-

(a) Individual possessing controlled substance

(1) Subject to paragraph (2), the Attorney General may by

regulation exempt from sections 952(a) and (b), 953, 954, and 955

of this title any individual who has a controlled substance (except

a substance in schedule I) in his possession for his personal

medical use, or for administration to an animal accompanying him,

if he lawfully obtained such substance and he makes such

declaration (or gives such other notification) as the Attorney

General may by regulation require.

(2) Notwithstanding any exemption under paragraph (1), a United

States resident who enters the United States through an

international land border with a controlled substance (except a

substance in schedule I) for which the individual does not possess

a valid prescription issued by a practitioner (as defined in

section 802 of this title) in accordance with applicable Federal

and State law (or documentation that verifies the issuance of such

a prescription to that individual) may not import the controlled

substance into the United States in an amount that exceeds 50

dosage units of the controlled substance.

(b) Compound, mixture, or preparation

The Attorney General may by regulation except any compound,

mixture, or preparation containing any depressant or stimulant

substance listed in paragraph (a) or (b) of schedule III or in

schedule IV or V from the application of all or any part of this

subchapter if (1) the compound, mixture, or preparation contains

one or more active medicinal ingredients not having a depressant or

stimulant effect on the central nervous system, and (2) such

ingredients are included therein in such combinations, quantity,

proportion, or concentration as to vitiate the potential for abuse

of the substances which do have a depressant or stimulant effect on

the central nervous system.

-SOURCE-

(Pub. L. 91-513, title III, Sec. 1006, Oct. 27, 1970, 84 Stat.

1288; Pub. L. 105-277, div. C, title VIII, Sec. 872(a), Oct. 21,

1998, 112 Stat. 2681-707; Pub. L. 105-357, Sec. 2(a), Nov. 10,

1998, 112 Stat. 3271.)

-REFTEXT-

REFERENCES IN TEXT

Schedules I, III, IV, and V, referred to in text, are set out in

section 812(c) of this title.

-MISC2-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-277 and Pub. L. 105-357 amended

subsec. (a) identically, designating existing provisions as par.

(1), substituting ''Subject to paragraph (2), the Attorney

General'' for ''The Attorney General'', and adding par. (2).

FEDERAL MINIMUM REQUIREMENT

Pub. L. 105-357, Sec. 2(b), Nov. 10, 1998, 112 Stat. 3271,

provided that: ''Section 1006(a)(2) of the Controlled Substances

Import and Export Act (21 U.S.C. 956(a)(2)), as added by this

section, is a minimum Federal requirement and shall not be

construed to limit a State from imposing any additional

requirement.''

Pub. L. 105-277, div. C, title VIII, Sec. 872(b), Oct. 21, 1998,

112 Stat. 2681-707, enacted a provision substantially identical to

that enacted by Pub. L. 105-357, Sec. 2(b), set out above.

JURISDICTION OF SECRETARY OF HEALTH AND HUMAN SERVICES

Pub. L. 105-277, div. C, title VIII, Sec. 872(c), Oct. 21, 1998,

112 Stat. 2681-707, and Pub. L. 105-357, Sec. 2(c), Nov. 10, 1998,

112 Stat. 3271, provided that: ''The amendment made by subsection

(a) (amending this section) shall not be construed to affect the

jurisdiction of the Secretary of Health and Human Services under

the Federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 957 of this title.

-CITE-

21 USC Sec. 957 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER II - IMPORT AND EXPORT

-HEAD-

Sec. 957. Persons required to register

-STATUTE-

(a) Coverage

No person may -

(1) import into the customs territory of the United States from

any place outside thereof (but within the United States), or

import into the United States from any place outside thereof, any

controlled substance or list I chemical, or

(2) export from the United States any controlled substance or

list I chemical,

unless there is in effect with respect to such person a

registration issued by the Attorney General under section 958 of

this title, or unless such person is exempt from registration under

subsection (b) of this section.

(b) Exemptions

(1) The following persons shall not be required to register under

the provisions of this section and may lawfully possess a

controlled substance or list I chemical:

(A) An agent or an employee of any importer or exporter

registered under section 958 of this title if such agent or

employee is acting in the usual course of his business or

employment.

(B) A common or contract carrier or warehouseman, or an

employee thereof, whose possession of any controlled substance or

list I chemical is in the usual course of his business or

employment.

specified in section 802(25) (FOOTNOTE 1) of this title and in

conformity with an exemption granted under section 956(a) of this

title.

(FOOTNOTE 1) See References in Text note below.

(2) The Attorney General may, by regulation, waive the

requirement for registration of certain importers and exporters if

he finds it consistent with the public health and safety; and may

authorize any such importer or exporter to possess controlled

substances or list I chemicals for purposes of importation and

exportation.

-SOURCE-

(Pub. L. 91-513, title III, Sec. 1007, Oct. 27, 1970, 84 Stat.

1288; Pub. L. 98-473, title II, Sec. 523, Oct. 12, 1984, 98 Stat.

2076; Pub. L. 103-200, Sec. 3(e), Dec. 17, 1993, 107 Stat. 2337.)

-REFTEXT-

REFERENCES IN TEXT

Section 802(25) of this title, referred to in subsec. (b)(1)(C),

was redesignated section 802(26) of this title by Pub. L. 98-473,

title II, Sec. 507(a), Oct. 12, 1984, 98 Stat. 2071, and was

further redesignated section 802(27) of this title by Pub. L.

99-570, title I, Sec. 1003(b)(2), Oct. 27, 1986, 100 Stat. 3207-6.

-MISC2-

AMENDMENTS

1993 - Subsec. (a)(1). Pub. L. 103-200, Sec. 3(e)(1)(A), inserted

''or list I chemical'' after ''controlled substance''.

Subsec. (a)(2). Pub. L. 103-200, Sec. 3(e)(1)(B), substituted

''or list I chemical,'' for ''in schedule I, II, III, IV, or V,''.

Subsec. (b)(1). Pub. L. 103-200, Sec. 3(e)(2)(A), inserted ''or

list I chemical'' after ''controlled substance'' in introductory

provisions and subpar. (B).

Subsec. (b)(2). Pub. L. 103-200, Sec. 3(e)(2)(B), inserted ''or

list I chemicals'' after ''controlled substances''.

1984 - Subsec. (a)(2). Pub. L. 98-473 inserted reference to

schedule V.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-200 effective on date that is 120 days

after Dec. 17, 1993, see section 11 of Pub. L. 103-200, set out as

a note under section 802 of this title.

PROVISIONAL REGISTRATION

Section 1104 of Pub. L. 91-513, as amended by Pub. L. 99-514,

Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:

''(a)(1) Any person -

''(A) who is engaged in importing or exporting any controlled

substance on the day before the effective date of section 1007

(May 1, 1971),

''(B) who notifies the Attorney General that he is so engaged,

and

''(C) who is registered on such day under section 510 of the

Federal Food, Drug, and Cosmetic Act (section 360 of this title)

or under section 4722 of the Internal Revenue Code of 1986

(formerly I.R.C. 1954, section 4722 of title 26),

shall, with respect to each establishment for which such

registration is in effect under any such section, be deemed to have

a provisional registration under section 1008 (section 958 of this

title) for the import or export (as the case may be) of controlled

substances.

''(2) During the period his provisional registration is in effect

under this section, the registration number assigned such person

under such section 510 or under such section 4722 (as the case may

be) shall be his registration number for purposes of part A of this

title (this subchapter).

''(b) The provisions of section 304 (section 824 of this title),

relating to suspension and revocation of registration, shall apply

to a provisional registration under this section.

''(c) Unless sooner suspended or revoked under subsection (b), a

provisional registration of a person under subsection (a)(1) of

this section shall be in effect until -

''(1) the date on which such person has registered with the

Attorney General under section 1008 (section 958 of this title)

or has had his registration denied under such section, or

''(2) such date as may be prescribed by the Attorney General

for registration of importers or exporters, as the case may be,

whichever occurs first.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 954, 960, 965 of this

title.

-CITE-

21 USC Sec. 958 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER II - IMPORT AND EXPORT

-HEAD-

Sec. 958. Registration requirements

-STATUTE-

(a) Applicants to import or export controlled substances in

schedule I or II

The Attorney General shall register an applicant to import or

export a controlled substance in schedule I or II if he determines

that such registration is consistent with the public interest and

with United States obligations under international treaties,

conventions, or protocols in effect on May 1, 1971. In determining

the public interest, the factors enumerated in paragraph (1)

through (6) of section 823(a) of this title shall be considered.

(b) Activity limited to specified substances

Registration granted under this section shall not entitle a

registrant to import or export controlled substances other than

specified in the registration.

or V or to export controlled substances in schedule III or IV;

applicants to import or export list I chemicals

(1) The Attorney General shall register an applicant to import a

controlled substance in schedule III, IV, or V or to export a

controlled substance in schedule III or IV, unless he determines

that the issuance of such registration is inconsistent with the

public interest. In determining the public interest, the factors

enumerated in paragraphs (1) through (6) of section 823(d) of this

title shall be considered.

(2)(A) The Attorney General shall register an applicant to import

or export a list I chemical unless the Attorney General determines

that registration of the applicant is inconsistent with the public

interest. Registration under this subsection shall not be required

for the import or export of a drug product that is exempted under

section 802(39)(A)(iv) of this title.

(B) In determining the public interest for the purposes of

subparagraph (A), the Attorney General shall consider the factors

specified in section 823(h) of this title.

(d) Denial of application

(1) The Attorney General may deny an application for registration

under subsection (a) of this section if he is unable to determine

that such registration is consistent with the public interest (as

defined in subsection (a) of this section) and with the United

States obligations under international treaties, conventions, or

protocols in effect on May 1, 1971.

(2) The Attorney General may deny an application for registration

under subsection (c) of this section, or revoke or suspend a

registration under subsection (a) or (c) of this section, if he

determines that such registration is inconsistent with the public

interest (as defined in subsection (a) or (c) of this section) or

with the United States obligations under international treaties,

conventions, or protocols in effect on May 1, 1971.

(3) The Attorney General may limit the revocation or suspension

of a registration to the particular controlled substance, or

substances, or list I chemical or chemicals, with respect to which

grounds for revocation or suspension exist.

(4) Before taking action pursuant to this subsection, the

Attorney General shall serve upon the applicant or registrant an

order to show cause as to why the registration should not be

denied, revoked, or suspended. The order to show cause shall

contain a statement of the basis thereof and shall call upon the

applicant or registrant to appear before the Attorney General, or

his designee, at a time and place stated in the order, but in no

event less than thirty days after the date of receipt of the

order. Proceedings to deny, revoke, or suspend shall be conducted

pursuant to this subsection in accordance with subchapter II of

chapter 5 of title 5. Such proceedings shall be independent of, and

not in lieu of, criminal prosecutions or other proceedings under

this subchapter or any other law of the United States.

(5) The Attorney General may, in his discretion, suspend any

registration simultaneously with the institution of proceedings

under this subsection, in cases where he finds that there is an

imminent danger to the public health and safety. Such suspension

shall continue in effect until the conclusion of such proceedings,

including judicial review thereof, unless sooner withdrawn by the

Attorney General or dissolved by a court of competent jurisdiction.

(6) In the event that the Attorney General suspends or revokes a

registration granted under this section, all controlled substances

or list I chemicals owned or possessed by the registrant pursuant

to such registration at the time of suspension or the effective

date of the revocation order, as the case may be, may, in the

discretion of the Attorney General, be seized or placed under

seal. No disposition may be made of any controlled substances or

list I chemicals under seal until the time for taking an appeal has

elapsed or until all appeals have been concluded, except that a

court, upon application therefor, may at any time order the sale of

perishable controlled substances or list I chemicals. Any such

order shall require the deposit of the proceeds of the sale with

the court. Upon a revocation order becoming final, all such

controlled substances or list I chemicals (or proceeds of the sale

thereof which have been deposited with the court) shall be

forfeited to the United States; and the Attorney General shall

dispose of such controlled substances or list I chemicals in

accordance with section 881(e) of this title.

(e) Registration period

No registration shall be issued under this subchapter for a

period in excess of one year. Unless the regulations of the

Attorney General otherwise provide, sections 822(f), 825, 827, and

830 of this title shall apply to persons registered under this

section to the same extent such sections apply to persons

registered under section 823 of this title.

(f) Rules and regulations

The Attorney General is authorized to promulgate rules and

regulations and to charge reasonable fees relating to the

registration of importers and exporters of controlled substances or

list I chemicals under this section.

(g) Scope of authorized activity

Persons registered by the Attorney General under this section to

import or export controlled substances or list I chemicals may

import or export (and for the purpose of so importing or exporting,

may possess) such substances to the extent authorized by their

registration and in conformity with the other provisions of this

subchapter and subchapter I of this chapter.

(h) Separate registrations for each principal place of business

A separate registration shall be required at each principal place

of business where the applicant imports or exports controlled

substances or list I chemicals.

(i) Emergency situations

Except in emergency situations as described in section

952(a)(2)(A) of this title, prior to issuing a registration under

this section to a bulk manufacturer of a controlled substance in

schedule I or II, and prior to issuing a regulation under section

952(a) of this title authorizing the importation of such a

substance, the Attorney General shall give manufacturers holding

registrations for the bulk manufacture of the substance an

opportunity for a hearing.

-SOURCE-

(Pub. L. 91-513, title III, Sec. 1008, Oct. 27, 1970, 84 Stat.

1289; Pub. L. 98-473, title II, Sec. 524, 525, Oct. 12, 1984, 98

Stat. 2076; Pub. L. 99-570, title I, Sec. 1866(d), Oct. 27, 1986,

100 Stat. 3207-55; Pub. L. 103-200, Sec. 3(f), Dec. 17, 1993, 107

Stat. 2337.)

-REFTEXT-

REFERENCES IN TEXT

Schedules I, II, III, IV, and V, referred to in subsecs. (a),

(c), and (i), are set out in section 812(c) of this title.

This subchapter, referred to in subsecs. (d)(4) and (g), was in

the original ''this title'', meaning title III of Pub. L. 91-513,

Oct. 27, 1970, 84 Stat. 1285, as amended. Part A of title III

comprises this subchapter. For classification of Part B,

consisting of sections 1101 to 1105 of title III, see Tables.

-COD-

CODIFICATION

In subsecs. (a) and (d), ''May 1, 1971'' substituted for ''the

effective date of this section'' and ''the effective date of this

part'', respectively.

-MISC3-

AMENDMENTS

1993 - Subsec. (c). Pub. L. 103-200, Sec. 3(f)(1), designated

existing provisions as par. (1) and added par. (2).

Subsec. (d)(3). Pub. L. 103-200, Sec. 3(f)(2)(A), inserted ''or

list I chemical or chemicals,'' after ''substances,''.

Subsec. (d)(6). Pub. L. 103-200, Sec. 3(f)(2)(B), inserted ''or

list I chemicals'' after ''controlled substances'' wherever

appearing.

Subsec. (e). Pub. L. 103-200, Sec. 3(f)(3), inserted reference to

section 830 of this title.

Subsecs. (f) to (h). Pub. L. 103-200, Sec. 3(f)(4), inserted ''or

list I chemicals'' after ''controlled substances''.

1986 - Subsec. (e). Pub. L. 99-570 substituted ''sections'' for

first reference to ''section''.

1984 - Subsec. (b). Pub. L. 98-473, Sec. 524, substituted

''Registration granted under this section shall not entitle a

registrant to import or export controlled substances other than

specified in the registration'' for ''Registration granted under

subsection (a) of this section shall not entitle a registrant to

import or export controlled substances in schedule I or II other

than those specified in the registration''.

Subsecs. (d) to (i). Pub. L. 98-473, Sec. 525, added subsec. (d),

redesignated former subsec. (d) as (e) and struck out reference to

section 824 of this title, and redesignated former subsecs. (e) to

(h) as (f) to (i), respectively.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-200 effective on date that is 120 days

after Dec. 17, 1993, see section 11 of Pub. L. 103-200, set out as

a note under section 802 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 844, 957, 965 of this

title.

-CITE-

21 USC Sec. 959 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER II - IMPORT AND EXPORT

-HEAD-

Sec. 959. Possession, manufacture, or distribution of controlled

substance

-STATUTE-

(a) Manufacture or distribution for purpose of unlawful importation

It shall be unlawful for any person to manufacture or distribute

a controlled substance in schedule I or II or flunitrazepam or

listed chemical -

(1) intending that such substance or chemical will be

unlawfully imported into the United States or into waters within

a distance of 12 miles of the coast of the United States; or

(2) knowing that such substance or chemical will be unlawfully

imported into the United States or into waters within a distance

of 12 miles of the coast of the United States.

(b) Possession, manufacture, or distribution by person on board

aircraft

It shall be unlawful for any United States citizen on board any

aircraft, or any person on board an aircraft owned by a United

States citizen or registered in the United States, to -

(1) manufacture or distribute a controlled substance or listed

chemical; or

(2) possess a controlled substance or listed chemical with

intent to distribute.

States; venue

This section is intended to reach acts of manufacture or

distribution committed outside the territorial jurisdiction of the

United States. Any person who violates this section shall be tried

in the United States district court at the point of entry where

such person enters the United States, or in the United States

District Court for the District of Columbia.

-SOURCE-

(Pub. L. 91-513, title III, Sec. 1009, Oct. 27, 1970, 84 Stat.

1289; Pub. L. 99-570, title III, Sec. 3161(a), Oct. 27, 1986, 100

Stat. 3207-94; Pub. L. 104-237, title I, Sec. 102(a), (b), Oct. 3,

1996, 110 Stat. 3100; Pub. L. 104-305, Sec. 2(b)(2)(A), Oct. 13,

1996, 110 Stat. 3807.)

-REFTEXT-

REFERENCES IN TEXT

Schedules I and II, referred to in subsec. (a), are set out in

section 812(c) of this title.

-MISC2-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-305 inserted ''or flunitrazepam''

after ''schedule I or II'' in introductory provisions.

Pub. L. 104-237, Sec. 102(a), inserted ''or listed chemical''

after ''schedule I or II'' in introductory provisions and ''or

chemical'' after ''substance'' in pars. (1) and (2).

Subsec. (b). Pub. L. 104-237, Sec. 102(b), inserted ''or listed

chemical'' after ''controlled substance'' in pars. (1) and (2).

1986 - Pub. L. 99-570 designated first sentence as subsec. (a)

and inserted ''or into waters within a distance of 12 miles of the

coast of the United States'' in pars. (1) and (2), added subsec.

(b), and designated last two sentences as subsec. (c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 960 of this title; title

18 sections 5032, 5038; title 28 section 994.

-CITE-

21 USC Sec. 960 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER II - IMPORT AND EXPORT

-HEAD-

Sec. 960. Prohibited acts A

-STATUTE-

(a) Unlawful acts

Any person who -

(1) contrary to section 952, 953, or 957 of this title,

knowingly or intentionally imports or exports a controlled

substance,

(2) contrary to section 955 of this title, knowingly or

intentionally brings or possesses on board a vessel, aircraft, or

vehicle a controlled substance, or

(3) contrary to section 959 of this title, manufactures,

possesses with intent to distribute, or distributes a controlled

substance,

shall be punished as provided in subsection (b) of this section.

(b) Penalties

(1) In the case of a violation of subsection (a) of this section

involving -

(A) 1 kilogram or more of a mixture or substance containing a

detectable amount of heroin;

(B) 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 or 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 clauses (i)

through (iii);

subparagraph (B) which contains cocaine base;

(D) 100 grams or more of phencyclidine (PCP) or 1 kilogram or

more of a mixture or substance containing a detectable amount of

phencyclidine (PCP);

(E) 10 grams or more of a mixture or substance containing a

detectable amount of lysergic acid diethylamide (LSD);

(F) 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-pheny

propanamide;

(G) 1000 kilograms or more of a mixture or substance containing

a detectable amount of marihuana; or

(H) 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. (FOOTNOTE 1)

(FOOTNOTE 1) So in original. The period probably should be a

semicolon.

the person committing such violation shall be sentenced to a term

of imprisonment of not less than 10 years and not more than life

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 20 years and not 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 of not 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. Notwithstanding

section 3583 of title 18, any sentence under this paragraph 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 paragraph. No

person sentenced under this paragraph shall be eligible for parole

during the term of imprisonment imposed therein.

(2) In the case of a violation of subsection (a) of this section

involving -

(A) 100 grams or more of a mixture or substance containing a

detectable amount of heroin;

(B) 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 or 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 clauses (i)

through (iii);

subparagraph (B) which contains cocaine base;

(D) 10 grams or more of phencyclidine (PCP) or 100 grams or

more of a mixture or substance containing a detectable amount of

phencyclidine (PCP);

(E) 1 gram or more of a mixture or substance containing a

detectable amount of lysergic acid diethylamide (LSD);

(F) 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-pheny

propanamide;

(G) 100 kilograms or more of a mixture or substance containing

a detectable amount of marihuana; or

(H) 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. (FOOTNOTE 2)

(FOOTNOTE 2) So in original. The period probably should be a

semicolon.

the person committing such violat ion shall be sentenced to a term

of imprisonment of not 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 sentenced to a term of imprisonment of not less

than twenty years and not 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 of not 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 paragraph

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 paragraph. No

person sentenced under this paragraph shall be eligible for parole

during the term of imprisonment imposed therein.

(3) In the case of a violation under subsection (a) of this

section involving 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

flunitrazepam, the person committing such violation shall, except

as provided in paragraphs (1), (2), and (4), 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

and not more than life, a fine not to exceed the greater of that