Controlled Substances Act (CSA) - Medical Marijuana ProCon.org
Controlled Substances Act (CSA) - Medical Marijuana ProCon.org
Controlled Substances Act (CSA) - Medical Marijuana ProCon.org
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Regulatory Information<br />
<strong>Controlled</strong> <strong>Substances</strong> <strong>Act</strong><br />
TITLE 21 - FOOD AND DRUGS<br />
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL<br />
SUBCHAPTER I - CONTROL AND ENFORCEMENT<br />
Part A - Introductory Provisions<br />
Part B - Authority to Control; Standards and Schedules<br />
Part C - Registration of Manufacturers, Distributors, and Dispensers of<br />
Controled <strong>Substances</strong>; Piperidine Reporting<br />
Part D - Offenses and Penalties<br />
Part E - Administrative and Enforcement Provisions<br />
Part F - Advisory Commission<br />
Part G - Conforming, Transitional and Effective Date, and General Provisions<br />
PART A - INTRODUCTORY PROVISIONS<br />
§ 801 Note Short Title<br />
This title may be cited as the '<strong>Controlled</strong> <strong>Substances</strong> <strong>Act</strong>'.<br />
§ 801. Congressional findings and declarations: controlled<br />
substances.<br />
The Congress makes the following findings and declarations:<br />
(1) Many of the drugs included within this subchapter have a useful<br />
and legitimate medical purpose and are necessary to maintain the<br />
health and general welfare of the American people.<br />
(2) The illegal importation, manufacture, distribution, and possession<br />
and improper use of controlled substances have a substantial and<br />
detrimental effect on the health and general welfare of the American
people.<br />
(3) A major portion of the traffic in controlled substances flows<br />
through interstate and foreign commerce. Incidents of the traffic<br />
which are not an integral part of the interstate or foreign flow, such as<br />
manufacture, local distribution, and possession, nonetheless have a<br />
substantial and direct effect upon interstate commerce because -<br />
(A) after manufacture, many controlled substances are<br />
transported in interstate commerce,<br />
(B) controlled substances distributed locally usually have been<br />
transported in interstate commerce immediately before their<br />
distribution, and<br />
(C) controlled substances possessed commonly flow through<br />
interstate commerce immediately prior to such possession.<br />
(4) Local distribution and possession of controlled substances<br />
contribute to swelling the interstate traffic in such substances.<br />
(5) <strong>Controlled</strong> substances manufactured and distributed intrastate<br />
cannot be differentiated from controlled substances manufactured and<br />
distributed interstate. Thus, it is not feasible to distinguish, in terms of<br />
controls, between controlled substances manufactured and distributed<br />
interstate and controlled substances manufactured and distributed<br />
intrastate.<br />
(6) Federal control of the intrastate incidents of the traffic in<br />
controlled substances is essential to the effective control of the<br />
interstate incidents of such traffic.<br />
(7) The United States is a party to the Single Convention on Narcotic<br />
Drugs, 1961, and other international conventions designed to establish<br />
effective control over international and domestic traffic in controlled<br />
substances.<br />
§ 801a. Congressional findings and declarations: psychotropic<br />
substances.<br />
The Congress makes the following findings and declarations:<br />
(1) The Congress has long recognized the danger involved in the<br />
manufacture, distribution, and use of certain psychotropic substances<br />
for nonscientific and nonmedical purposes, and has provided strong<br />
and effective legislation to control illicit trafficking and to regulate<br />
legitimate uses of psychotropic substances in this country. Abuse of<br />
psychotropic substances has become a phenomenon common to many<br />
countries, however, and is not confined to national borders. It is,
therefore, essential that the United States cooperate with other<br />
nations in establishing effective controls over international traffic in<br />
such substances.<br />
(2) The United States has joined with other countries in executing an<br />
international treaty, entitled the Convention on Psychotropic<br />
<strong>Substances</strong> and signed at Vienna, Austria, on February 21, 1971,<br />
which is designed to establish suitable controls over the manufacture,<br />
distribution, transfer, and use of certain psychotropic substances. The<br />
Convention is not self-executing, and the obligations of the United<br />
States thereunder may only be performed pursuant to appropriate<br />
legislation. It is the intent of the Congress that the amendments made<br />
by this <strong>Act</strong>, together with existing law, will enable the United States to<br />
meet all of its obligations under the Convention and that no further<br />
legislation will be necessary for that purpose.<br />
(3) In implementing the Convention on Psychotropic <strong>Substances</strong>, the<br />
Congress intends that, consistent with the obligations of the United<br />
States under the Convention, control of psychotropic substances in the<br />
United States should be accomplished within the framework of the<br />
procedures and criteria for classification of substances provided in the<br />
Comprehensive Drug Abuse Prevention and Control <strong>Act</strong> of 1970 (21<br />
U.S.C. 801 et seq.). This will insure that<br />
(A) the availability of psychotropic substances to manufacturers,<br />
distributors, dispensers, and researchers for useful and<br />
legitimate medical and scientific purposes will not be unduly<br />
restricted;<br />
(B) nothing in the Convention will interfere with bona fide<br />
research activities; and<br />
(C) nothing in the Convention will interfere with ethical medical<br />
practice in this country as determined by the Secretary of Health<br />
and Human Services on the basis of a consensus of the views of<br />
the American medical and scientific community.<br />
§ 802. Definitions.<br />
As used in this subchapter:<br />
(1) The term ''addict'' means any individual who habitually uses any<br />
narcotic drug so as to endanger the public morals, health, safety, or<br />
welfare, or who is so far addicted to the use of narcotic drugs as to<br />
have lost the power of self-control with reference to his addiction.<br />
(2) The term ''administer'' refers to the direct application of a
controlled substance to the body of a patient or research subject by -<br />
(A) a practitioner (or, in his presence, by his authorized agent),<br />
or<br />
(B) the patient or research subject at the direction and in the<br />
presence of the practitioner, whether such application be by<br />
injection, inhalation, ingestion, or any other means.<br />
(3) The term ''agent'' means an authorized person who acts on behalf<br />
of or at the direction of a manufacturer, distributor, or dispenser;<br />
except that such term does not include a common or contract carrier,<br />
public warehouseman, or employee of the carrier or warehouseman,<br />
when acting in the usual and lawful course of the carrier's or<br />
warehouseman's business.<br />
(4) The term ''Drug Enforcement Administration'' means the Drug<br />
Enforcement Administration in the Department of Justice.<br />
(5) The term ''control'' means to add a drug or other substance, or<br />
immediate precursor, to a schedule under part B of this subchapter,<br />
whether by transfer from another schedule or otherwise.<br />
(6) The term ''controlled substance'' means a drug or other substance,<br />
or immediate precursor, included in schedule I, II, III, IV, or V of part<br />
B of this subchapter. The term does not include distilled spirits, wine,<br />
malt beverages, or tobacco, as those terms are defined or used in<br />
subtitle E of the Internal Revenue Code of 1986.<br />
(7) The term ''counterfeit substance'' means a controlled substance<br />
which, or the container or labeling of which, without authorization,<br />
bears the trademark, trade name, or other identifying mark, imprint,<br />
number, or device, or any likeness thereof, of a manufacturer,<br />
distributor, or dispenser other than the person or persons who in fact<br />
manufactured, distributed, or dispensed such substance and which<br />
thereby falsely purports or is represented to be the product of, or to<br />
have been distributed by, such other manufacturer, distributor, or<br />
dispenser.<br />
(8) The terms ''deliver'' or ''delivery'' mean the actual, constructive, or<br />
attempted transfer of a controlled substance or a listed chemical,<br />
whether or not there exists an agency relationship.<br />
(9) The term ''depressant or stimulant substance'' means -<br />
(A) a drug which contains any quantity of (i) barbituric acid or<br />
any of the salts of barbituric acid; or (ii) any derivative of<br />
barbituric acid which has been designated by the Secretary as<br />
habit forming under section 352(d) of this title; or<br />
(B) a drug which contains any quantity of (i) amphetamine or
any of its optical isomers; (ii) any salt of amphetamine or any<br />
salt of an optical isomer of amphetamine; or (iii) any substance<br />
which the Attorney General, after investigation, has found to be,<br />
and by regulation designated as, habit forming because of its<br />
stimulant effect on the central nervous systems; or<br />
(C) lysergic acid diethylamide; or<br />
(D) any drug which contains any quantity of a substance which<br />
the Attorney General, after investigation, has found to have, and<br />
by regulation designated as having, a potential for abuse<br />
because of its depressant or stimulant effect on the central<br />
nervous system or its hallucinogenic effect.<br />
(10) The term ''dispense'' means to deliver a controlled substance to<br />
an ultimate user or research subject by, or pursuant to the lawful<br />
order of, a practitioner, including the prescribing and administering of<br />
a controlled substance and the packaging, labeling or compounding<br />
necessary to prepare the substance for such delivery. The term<br />
''dispenser'' means a practitioner who so delivers a controlled<br />
substance to an ultimate user or research subject.<br />
(11) The term ''distribute'' means to deliver (other than by<br />
administering or dispensing) a controlled substance or a listed<br />
chemical. The term ''distributor'' means a person who so delivers a<br />
controlled substance or a listed chemical.<br />
(12) The term ''drug'' has the meaning given that term by section<br />
321(g)(1) of this title.<br />
(13) The term ''felony'' means any Federal or State offense classified<br />
by applicable Federal or State law as a felony.<br />
(14) The term ''isomer'' means the optical isomer, except as used in<br />
schedule I(c) and schedule II(a)(4). As used in schedule I(c), the term<br />
''isomer'' means any optical, positional, or geometric isomer. As used<br />
in schedule II(a)(4), the term ''isomer'' means any optical or<br />
geometric isomer.<br />
(15) The term ''manufacture'' means the production, preparation,<br />
propagation, compounding, or processing of a drug or other<br />
substance, either directly or indirectly or by extraction from<br />
substances of natural origin, or independently by means of chemical<br />
synthesis or by a combination of extraction and chemical synthesis,<br />
and includes any packaging or repackaging of such substance or<br />
labeling or relabeling of its container; except that such term does not<br />
include the preparation, compounding, packaging, or labeling of a<br />
drug or other substance in conformity with applicable State or local<br />
law by a practitioner as an incident to his administration or dispensing
of such drug or substance in the course of his professional practice.<br />
The term ''manufacturer'' means a person who manufactures a drug or<br />
other substance.<br />
(16) The term ''marihuana'' means all parts of the plant Cannabis<br />
sativa L., whether growing or not; the seeds thereof; the resin<br />
extracted from any part of such plant; and every compound,<br />
manufacture, salt, derivative, mixture, or preparation of such plant, its<br />
seeds or resin. Such term does not include the mature stalks of such<br />
plant, fiber produced from such stalks, oil or cake made from the<br />
seeds of such plant, any other compound, manufacture, salt,<br />
derivative, mixture, or preparation of such mature stalks (except the<br />
resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of<br />
such plant which is incapable of germination.<br />
(17) The term ''narcotic drug'' means any of the following whether<br />
produced directly or indirectly by extraction from substances of<br />
vegetable origin, or independently by means of chemical synthesis, or<br />
by a combination of extraction and chemical synthesis:<br />
(A) Opium, opiates, derivatives of opium and opiates, including<br />
their isomers, esters, ethers, salts, and salts of isomers, esters,<br />
and ethers, whenever the existence of such isomers, esters,<br />
ethers, and salts is possible within the specific chemical<br />
designation. Such term does not include the isoquinoline<br />
alkaloids of opium.<br />
(B) Poppy straw and concentrate of poppy straw.<br />
(C) Coca leaves, except coca leaves and extracts of coca leaves<br />
from which cocaine, ecgonine, and derivatives of ecgonine or<br />
their salts have been removed.<br />
(D) Cocaine, its salts, optical and geometric isomers, and salts of<br />
isomers.<br />
(E) Ecgonine, its derivatives, their salts, isomers, and salts of<br />
isomers.<br />
(F) Any compound, mixture, or preparation which contains any<br />
quantity of any of the substances referred to in subparagraphs<br />
(A) through (E).<br />
(18) The term ''opiate'' means any drug or other substance having an<br />
addiction-forming or addiction-sustaining liability similar to morphine<br />
or being capable of conversion into a drug having such addictionforming<br />
or addiction-sustaining liability.<br />
(19) The term ''opium poppy'' means the plant of the species Papaver<br />
somniferum L., except the seed thereof.<br />
(20) The term ''poppy straw'' means all parts, except the seeds, of the
opium poppy, after mowing.<br />
(21) The term ''practitioner'' means a physician, dentist, veterinarian,<br />
scientific investigator, pharmacy, hospital, or other person licensed,<br />
registered, or otherwise permitted, by the United States or the<br />
jurisdiction in which he practices or does research, to distribute,<br />
dispense, conduct research with respect to, administer, or use in<br />
teaching or chemical analysis, a controlled substance in the course of<br />
professional practice or research.<br />
(22) The term ''production'' includes the manufacture, planting,<br />
cultivation, growing, or harvesting of a controlled substance.<br />
(23) The term ''immediate precursor'' means a substance -<br />
(A) which the Attorney General has found to be and by<br />
regulation designated as being the principal compound used, or<br />
produced primarily for use, in the manufacture of a controlled<br />
substance;<br />
(B) which is an immediate chemical intermediary used or likely<br />
to be used in the manufacture of such controlled substance; and<br />
(C) the control of which is necessary to prevent, curtail, or limit<br />
the manufacture of such controlled substance.<br />
(24) The term ''Secretary'', unless the context otherwise indicates,<br />
means the Secretary of Health and Human Services.<br />
(25) The term ''serious bodily injury'' means bodily injury which<br />
involves -<br />
(A) a substantial risk of death;<br />
(B) protracted and obvious disfigurement; or<br />
(C) protracted loss or impairment of the function of a bodily<br />
member, <strong>org</strong>an, or mental faculty.<br />
(26) The term ''State'' means any State, territory, or possession of the<br />
United States, the District of Columbia, the Commonwealth of Puerto<br />
Rico, the Trust Territory of the Pacific Islands, and the Canal Zone.<br />
(27) The term ''ultimate user'' means a person who has lawfully<br />
obtained, and who possesses, a controlled substance for his own use<br />
or for the use of a member of his household or for an animal owned by<br />
him or by a member of his household.<br />
(28) The term ''United States'', when used in a geographic sense,<br />
means all places and waters, continental or insular, subject to the<br />
jurisdiction of the United States.<br />
(29) The term ''maintenance treatment'' means the dispensing, for a<br />
period in excess of twenty-one days, of a narcotic drug in the<br />
treatment of an individual for dependence upon heroin or other
morphine-like drugs.<br />
(30) The term ''detoxification treatment'' means the dispensing, for a<br />
period not in excess of one hundred and eighty days, of a narcotic<br />
drug in decreasing doses to an individual in order to alleviate adverse<br />
physiological or psychological effects incident to withdrawal from the<br />
continuous or sustained use of a narcotic drug and as a method of<br />
bringing the individual to a narcotic drug-free state within such period.<br />
(31) The term ''Convention on Psychotropic <strong>Substances</strong>'' means the<br />
Convention on Psychotropic <strong>Substances</strong> signed at Vienna, Austria, on<br />
February 21, 1971; and the term ''Single Convention on Narcotic<br />
Drugs'' means the Single Convention on Narcotic Drugs signed at New<br />
York, New York, on March 30, 1961.<br />
(32)<br />
(A) Except as provided in subparagraph (B), the term ''controlled<br />
substance analogue'' means a substance -<br />
(i) the chemical structure of which is substantially similar to<br />
the chemical structure of a controlled substance in schedule<br />
I or II;<br />
(ii) which has a stimulant, depressant, or hallucinogenic<br />
effect on the central nervous system that is substantially<br />
similar to or greater than the stimulant, depressant, or<br />
hallucinogenic effect on the central nervous system of a<br />
controlled substance in schedule I or II; or<br />
(iii) with respect to a particular person, which such person<br />
represents or intends to have a stimulant, depressant, or<br />
hallucinogenic effect on the central nervous system that is<br />
substantially similar to or greater than the stimulant,<br />
depressant, or hallucinogenic effect on the central nervous<br />
system of a controlled substance in schedule I or II.<br />
(B) Such term does not include -<br />
(i) a controlled substance;<br />
(ii) any substance for which there is an approved new drug<br />
application;<br />
(iii) with respect to a particular person any substance, if an<br />
exemption is in effect for investigational use, for that<br />
person, under section 355 of this title to the extent conduct<br />
with respect to such substance is pursuant to such<br />
exemption; or<br />
(iv) any substance to the extent not intended for human<br />
consumption before such an exemption takes effect with
espect to that substance.<br />
(33) The term ''listed chemical'' means any list I chemical or any list II<br />
chemical.<br />
(34) The term ''list I chemical'' means a chemical specified by<br />
regulation of the Attorney General as a chemical that is used in<br />
manufacturing a controlled substance in violation of this subchapter<br />
and is important to the manufacture of the controlled substances, and<br />
such term includes (until otherwise specified by regulation of the<br />
Attorney General, as considered appropriate by the Attorney General<br />
or upon petition to the Attorney General by any person) the following:<br />
(A) Anthranilic acid, its esters, and its salts.<br />
(B) Benzyl cyanide.<br />
(C) Ephedrine, its salts, optical isomers, and salts of optical<br />
isomers.<br />
(D) Ergonovine and its salts.<br />
(E) Ergotamine and its salts.<br />
(F) N-Acetylanthranilic acid, its esters, and its salts.<br />
(G) Norpseudoephedrine, its salts, optical isomers, and salts of<br />
optical isomers.<br />
(H) Phenylacetic acid, its esters, and its salts.<br />
(I) Phenylpropanolamine, its salts, optical isomers, and salts of<br />
optical isomers.<br />
(J) Piperidine and its salts.<br />
(K) Pseudoephedrine, its salts, optical isomers, and salts of<br />
optical isomers.<br />
(L) 3,4-Methylenedioxyphenyl-2-propanone.<br />
(M) Methylamine.<br />
(N) Ethylamine.<br />
(O) Propionic anhydride.<br />
(P) Insosafrole.<br />
(Q) Safrole.<br />
(R) Piperonal.<br />
(S) N-Methylepherdrine. (FOOTNOTE 1) (FOOTNOTE 1) So in<br />
original. Probably should be ''N-Methylephedrine.''<br />
(T) N-methylpseudoephedrine.<br />
(U) Hydriotic (FOOTNOTE 2) acid. (FOOTNOTE 2) So in original.<br />
Probably should be ''Hydriodic''.<br />
(V) Benzaldehyde.<br />
(W) Nitroethane.<br />
(X) Any salt, optical isomer, or salt of an optical isomer of the
chemicals listed in subparagraphs (M) through (U) of this<br />
paragraph.<br />
(35) The term ''list II chemical'' means a chemical (other than a list I<br />
chemical) specified by regulation of the Attorney General as a<br />
chemical that is used in manufacturing a controlled substance in<br />
violation of this subchapter, and such term includes (until otherwise<br />
specified by regulation of the Attorney General, as considered<br />
appropriate by the Attorney General or upon petition to the Attorney<br />
General by any person) the following chemicals:<br />
(A) Acetic anhydride.<br />
(B) Acetone.<br />
(C) Benzyl chloride.<br />
(D) Ethyl ether.<br />
(E) Repealed. Pub. L. 101-647, title XXIII, Sec. 2301(b), Nov.<br />
29, 1990, 104 Stat. 4858.<br />
(F) Potassium permanganate.<br />
(G) 2-Butanone.<br />
(H) Toluene.<br />
(36) The term ''regular customer'' means, with respect to a regulated<br />
person, a customer with whom the regulated person has an<br />
established business relationship that is reported to the Attorney<br />
General.<br />
(37) The term ''regular importer'' means, with respect to a listed<br />
chemical, a person that has an established record as an importer of<br />
that listed chemical that is reported to the Attorney General.<br />
(38) The term ''regulated person'' means a person who manufactures,<br />
distributes, imports, or exports a listed chemical, a tableting machine,<br />
or an encapsulating machine or who acts as a broker or trader for an<br />
international transaction involving a listed chemical, a tableting<br />
machine, or an encapsulating machine.<br />
(39) The term ''regulated transaction'' means -<br />
(A) a distribution, receipt, sale, importation, or exportation of, or<br />
an international transaction involving shipment of, a listed<br />
chemical, or if the Attorney General establishes a threshold<br />
amount for a specific listed chemical, a threshold amount,<br />
including a cumulative threshold amount for multiple transactions<br />
(as determined by the Attorney General, in consultation with the<br />
chemical industry and taking into consideration the quantities<br />
normally used for lawful purposes), of a listed chemical, except<br />
that such term does not include -
(i) a domestic lawful distribution in the usual course of<br />
business between agents or employees of a single regulated<br />
person;<br />
(ii) a delivery of a listed chemical to or by a common or<br />
contract carrier for carriage in the lawful and usual course<br />
of the business of the common or contract carrier, or to or<br />
by a warehouseman for storage in the lawful and usual<br />
course of the business of the warehouseman, except that if<br />
the carriage or storage is in connection with the<br />
distribution, importation, or exportation of a listed chemical<br />
to a third person, this clause does not relieve a distributor,<br />
importer, or exporter from compliance with section 830 of<br />
this title;<br />
(iii) any category of transaction or any category of<br />
transaction for a specific listed chemical or chemicals<br />
specified by regulation of the Attorney General as excluded<br />
from this definition as unnecessary for enforcement of this<br />
subchapter or subchapter II of this chapter;<br />
(iv) any transaction in a listed chemical that is contained in<br />
a drug that may be marketed or distributed lawfully in the<br />
United States under the Federal Food, Drug, and Cosmetic<br />
<strong>Act</strong> (21 U.S.C. 301 et seq.) unless -<br />
(I)<br />
(aa) the drug contains ephedrine or its salts,<br />
optical isomers, or salts of optical isomers as the<br />
only active medicinal ingredient or contains<br />
ephedrine or its salts, optical isomers, or salts of<br />
optical isomers and therapeutically insignificant<br />
quantities of another active medicinal ingredient;<br />
or<br />
(bb) the Attorney General has determined under<br />
section 814 of this title that the drug or group of<br />
drugs is being diverted to obtain the listed<br />
chemical for use in the illicit production of a<br />
controlled substance; and<br />
(II) the quantity of ephedrine or other listed chemical<br />
contained in the drug included in the transaction or<br />
multiple transactions equals or exceeds the threshold<br />
established for that chemical by the Attorney General;<br />
or
(v) any transaction in a chemical mixture which the<br />
Attorney General has by regulation designated as exempt<br />
from the application of this subchapter and subchapter II of<br />
this chapter based on a finding that the mixture is<br />
formulated in such a way that it cannot be easily used in<br />
the illicit production of a controlled substance and that the<br />
listed chemical or chemicals contained in the mixture<br />
cannot be readily recovered; and<br />
(B) a distribution, importation, or exportation of a tableting<br />
machine or encapsulating machine.<br />
(40) The term ''chemical mixture'' means a combination of two or<br />
more chemical substances, at least one of which is not a list I chemical<br />
or a list II chemical, except that such term does not include any<br />
combination of a list I chemical or a list II chemical with another<br />
chemical that is present solely as an impurity.<br />
(41)<br />
(A) The term ''anabolic steroid'' means any drug or hormonal<br />
substance, chemically and pharmacologically related to<br />
testosterone (other than estrogens, progestins, and<br />
corticosteroids) that promotes muscle growth, and includes -<br />
(i) boldenone,<br />
(ii) chlorotestosterone,<br />
(iii) clostebol,<br />
(iv) dehydrochlormethyltestosterone,<br />
(v) dihydrotestosterone,<br />
(vi) drostanolone,<br />
(vii) ethylestrenol,<br />
(viii) fluoxymesterone,<br />
(ix) formebulone,<br />
(x) mesterolone,<br />
(xi) methandienone,<br />
(xii) methandranone,<br />
(xiii) methandriol,<br />
(xiv) methandrostenolone,<br />
(xv) methenolone,<br />
(xvi) methyltestosterone,<br />
(xvii) mibolerone,<br />
(xviii) nandrolone,<br />
(xix) norethandrolone,<br />
(xx) oxandrolone,
(B)<br />
(xxi) oxymesterone,<br />
(xxii) oxymetholone,<br />
(xxiii) stanolone,<br />
(xxiv) stanozolol,<br />
(xxv) testolactone,<br />
(xxvi) testosterone,<br />
(xxvii) trenbolone, and (xxviii) any salt, ester, or isomer of<br />
a drug or substance described or listed in this paragraph, if<br />
that salt, ester, or isomer promotes muscle growth.<br />
(i) Except as provided in clause (ii), such term does not<br />
include an anabolic steroid which is expressly intended for<br />
administration through implants to cattle or other<br />
nonhuman species and which has been approved by the<br />
Secretary of Health and Human Services for such<br />
administration.<br />
(ii) If any person prescribes, dispenses, or distributes such<br />
steroid for human use, such person shall be considered to<br />
have prescribed, dispensed, or distributed an anabolic<br />
steroid within the meaning of subparagraph (A).<br />
(42) The term ''international transaction'' means a transaction<br />
involving the shipment of a listed chemical across an international<br />
border (other than a United States border) in which a broker or trader<br />
located in the United States participates.<br />
(43) The terms ''broker'' and ''trader'' mean a person that assists in<br />
arranging an international transaction in a listed chemical by -<br />
(A) negotiating contracts;<br />
(B) serving as an agent or intermediary; or<br />
(C) bringing together a buyer and seller, a buyer and<br />
transporter, or a seller and transporter.<br />
(43) (FOOTNOTE 3) The term ''felony drug offense'' means an offense<br />
that is punishable by imprisonment for more than one year under any<br />
law of the United States or of a State or foreign country that prohibits<br />
or restricts conduct relating to narcotic drugs, marihuana, or<br />
depressant or stimulant substances. (FOOTNOTE 3) So in original.<br />
Probably should be ''(44)''.<br />
§ 803. Repealed.<br />
Return to top
PART B - AUTHORITY TO CONTROL; STANDARDS AND SCHEDULES<br />
§ 811. Authority and criteria for classification of substances.<br />
(a) Rules and regulations of Attorney General; hearing<br />
The Attorney General shall apply the provisions of this subchapter to the<br />
controlled substances listed in the schedules established by section 812 of<br />
this title and to any other drug or other substance added to such schedules<br />
under this subchapter. Except as provided in subsections (d) and (e) of this<br />
section, the Attorney General may by rule -<br />
(1) add to such a schedule or transfer between such schedules any<br />
drug or other substance if he -<br />
(A) finds that such drug or other substance has a potential for<br />
abuse, and<br />
(B) makes with respect to such drug or other substance the<br />
findings prescribed by subsection (b) of section 812 of this title<br />
for the schedule in which such drug is to be placed; or<br />
(2) remove any drug or other substance from the schedules if he finds<br />
that the drug or other substance does not meet the requirements for<br />
inclusion in any schedule.<br />
Rules of the Attorney General under this subsection shall be made on the<br />
record after opportunity for a hearing pursuant to the rulemaking procedures<br />
prescribed by subchapter II of chapter 5 of title 5. Proceedings for the<br />
issuance, amendment, or repeal of such rules may be initiated by the<br />
Attorney General (1) on his own motion, (2) at the request of the Secretary,<br />
or (3) on the petition of any interested party.<br />
(b) Evaluation of drugs and other substances<br />
The Attorney General shall, before initiating proceedings under subsection<br />
(a) of this section to control a drug or other substance or to remove a drug<br />
or other substance entirely from the schedules, and after gathering the<br />
necessary data, request from the Secretary a scientific and medical<br />
evaluation, and his recommendations, as to whether such drug or other<br />
substance should be so controlled or removed as a controlled substance. In<br />
making such evaluation and recommendations, the Secretary shall consider
the factors listed in paragraphs (2), (3), (6), (7), and (8) of subsection (c)<br />
of this section and any scientific or medical considerations involved in<br />
paragraphs (1), (4), and (5) of such subsection. The recommendations of<br />
the Secretary shall include recommendations with respect to the appropriate<br />
schedule, if any, under which such drug or other substance should be listed.<br />
The evaluation and the recommendations of the Secretary shall be made in<br />
writing and submitted to the Attorney General within a reasonable time. The<br />
recommendations of the Secretary to the Attorney General shall be binding<br />
on the Attorney General as to such scientific and medical matters, and if the<br />
Secretary recommends that a drug or other substance not be controlled, the<br />
Attorney General shall not control the drug or other substance. If the<br />
Attorney General determines that these facts and all other relevant data<br />
constitute substantial evidence of potential for abuse such as to warrant<br />
control or substantial evidence that the drug or other substance should be<br />
removed entirely from the schedules, he shall initiate proceedings for control<br />
or removal, as the case may be, under subsection (a) of this section.<br />
(c) Factors determinative of control or removal from schedules<br />
In making any finding under subsection (a) of this section or under<br />
subsection (b) of section 812 of this title, the Attorney General shall consider<br />
the following factors with respect to each drug or other substance proposed<br />
to be controlled or removed from the schedules:<br />
(1) Its actual or relative potential for abuse.<br />
(2) Scientific evidence of its pharmacological effect, if known.<br />
(3) The state of current scientific knowledge regarding the drug or<br />
other substance.<br />
(4) Its history and current pattern of abuse.<br />
(5) The scope, duration, and significance of abuse.<br />
(6) What, if any, risk there is to the public health.<br />
(7) Its psychic or physiological dependence liability.<br />
(8) Whether the substance is an immediate precursor of a substance<br />
already controlled under this subchapter.<br />
(d) International treaties, conventions, and protocols requiring<br />
control; procedures respecting changes in drug schedules of<br />
Convention on Psychotropic <strong>Substances</strong><br />
(1) If control is required by United States obligations under<br />
international treaties, conventions, or protocols in effect on<br />
October 27, 1970, the Attorney General shall issue an order
controlling such drug under the schedule he deems most<br />
appropriate to carry out such obligations, without regard to the<br />
findings required by subsection (a) of this section or section<br />
812(b) of this title and without regard to the procedures<br />
prescribed by subsections (a) and (b) of this section.<br />
(2)<br />
(A) Whenever the Secretary of State receives notification<br />
from the Secretary-General of the United Nations that<br />
information has been transmitted by or to the World Health<br />
Organization, pursuant to article 2 of the Convention on<br />
Psychotropic <strong>Substances</strong>, which may justify adding a drug<br />
or other substance to one of the schedules of the<br />
Convention, transferring a drug or substance from one<br />
schedule to another, or deleting it from the schedules, the<br />
Secretary of State shall immediately transmit the notice to<br />
the Secretary of Health and Human Services who shall<br />
publish it in the Federal Register and provide opportunity to<br />
interested persons to submit to him comments respecting<br />
the scientific and medical evaluations which he is to<br />
prepare respecting such drug or substance. The Secretary<br />
of Health and Human Services shall prepare for<br />
transmission through the Secretary of State to the World<br />
Health Organization such medical and scientific evaluations<br />
as may be appropriate regarding the possible action that<br />
could be proposed by the World Health Organization<br />
respecting the drug or substance with respect to which a<br />
notice was transmitted under this subparagraph.<br />
(B) Whenever the Secretary of State receives information<br />
that the Commission on Narcotic Drugs of the United<br />
Nations proposes to decide whether to add a drug or other<br />
substance to one of the schedules of the Convention,<br />
transfer a drug or substance from one schedule to another,<br />
or delete it from the schedules, the Secretary of State shall<br />
transmit timely notice to the Secretary of Health and<br />
Human Services of such information who shall publish a<br />
summary of such information in the Federal Register and<br />
provide opportunity to interested persons to submit to him<br />
comments respecting the recommendation which he is to<br />
furnish, pursuant to this subparagraph, respecting such<br />
proposal. The Secretary of Health and Human Services shall<br />
evaluate the proposal and furnish a recommendation to the
Secretary of State which shall be binding on the<br />
representative of the United States in discussions and<br />
negotiations relating to the proposal.<br />
(3) When the United States receives notification of a scheduling<br />
decision pursuant to article 2 of the Convention on Psychotropic<br />
<strong>Substances</strong> that a drug or other substance has been added or<br />
transferred to a schedule specified in the notification or receives<br />
notification (referred to in this subsection as a ''schedule notice'')<br />
that existing legal controls applicable under this subchapter to a<br />
drug or substance and the controls required by the Federal Food,<br />
Drug, and Cosmetic <strong>Act</strong> (21 U.S.C. 301 et seq.) do not meet the<br />
requirements of the schedule of the Convention in which such<br />
drug or substance has been placed, the Secretary of Health and<br />
Human Services after consultation with the Attorney General,<br />
shall first determine whether existing legal controls under this<br />
subchapter applicable to the drug or substance and the controls<br />
required by the Federal Food, Drug, and Cosmetic <strong>Act</strong>, meet the<br />
requirements of the schedule specified in the notification or<br />
schedule notice and shall take the following action:<br />
(A) If such requirements are met by such existing controls<br />
but the Secretary of Health and Human Services<br />
nonetheless believes that more stringent controls should be<br />
applied to the drug or substance, the Secretary shall<br />
recommend to the Attorney General that he initiate<br />
proceedings for scheduling the drug or substance, pursuant<br />
to subsections (a) and (b) of this section, to apply to such<br />
controls.<br />
(B) If such requirements are not met by such existing<br />
controls and the Secretary of Health and Human Services<br />
concurs in the scheduling decision or schedule notice<br />
transmitted by the notification, the Secretary shall<br />
recommend to the Attorney General that he initiate<br />
proceedings for scheduling the drug or substance under the<br />
appropriate schedule pursuant to subsections (a) and (b) of<br />
this section.<br />
(C) If such requirements are not met by such existing<br />
controls and the Secretary of Health and Human Services<br />
does not concur in the scheduling decision or schedule<br />
notice transmitted by the notification, the Secretary shall -<br />
(i) if he deems that additional controls are necessary<br />
to protect the public health and safety, recommend to
(4)<br />
the Attorney General that he initiate proceedings for<br />
scheduling the drug or substance pursuant to<br />
subsections (a) and (b) of this section, to apply such<br />
additional controls;<br />
(ii) request the Secretary of State to transmit a notice<br />
of qualified acceptance, within the period specified in<br />
the Convention, pursuant to paragraph 7 of article 2 of<br />
the Convention, to the Secretary-General of the United<br />
Nations;<br />
(iii) request the Secretary of State to transmit a notice<br />
of qualified acceptance as prescribed in clause (ii) and<br />
request the Secretary of State to ask for a review by<br />
the Economic and Social Council of the United Nations,<br />
in accordance with paragraph 8 of article 2 of the<br />
Convention, of the scheduling decision; or<br />
(iv) in the case of a schedule notice, request the<br />
Secretary of State to take appropriate action under the<br />
Convention to initiate proceedings to remove the drug<br />
or substance from the schedules under the Convention<br />
or to transfer the drug or substance to a schedule<br />
under the Convention different from the one specified<br />
in the schedule notice.<br />
(A) If the Attorney General determines, after consultation<br />
with the Secretary of Health and Human Services, that<br />
proceedings initiated under recommendations made under<br />
paragraph (FOOTNOTE 1)<br />
(B) or (C)(i) of paragraph (3) will not be completed within<br />
the time period required by paragraph 7 of article 2 of the<br />
Convention, the Attorney General, after consultation with<br />
the Secretary and after providing interested persons<br />
opportunity to submit comments respecting the<br />
requirements of the temporary order to be issued under<br />
this sentence, shall issue a temporary order controlling the<br />
drug or substance under schedule IV or V, whichever is<br />
most appropriate to carry out the minimum United States<br />
obligations under paragraph 7 of article 2 of the<br />
Convention. As a part of such order, the Attorney General<br />
shall, after consultation with the Secretary, except such<br />
drug or substance from the application of any provision of<br />
part C of this subchapter which he finds is not required to
carry out the United States obligations under paragraph 7<br />
of article 2 of the Convention. In the case of proceedings<br />
initiated under subparagraph (B) of paragraph (3), the<br />
Attorney General, concurrently with the issuance of such<br />
order, shall request the Secretary of State to transmit a<br />
notice of qualified acceptance to the Secretary-General of<br />
the United Nations pursuant to paragraph 7 of article 2 of<br />
the Convention. A temporary order issued under this<br />
subparagraph controlling a drug or other substance subject<br />
to proceedings initiated under subsections (a) and (b) of<br />
this section shall expire upon the effective date of the<br />
application to the drug or substance of the controls<br />
resulting from such proceedings. (FOOTNOTE 1) So in<br />
original. Probably should be ''subparagraph''.<br />
(B) After a notice of qualified acceptance of a scheduling<br />
decision with respect to a drug or other substance is<br />
transmitted to the Secretary-General of the United Nations<br />
in accordance with clause (ii) or (iii) of paragraph (3)(C) or<br />
after a request has been made under clause (iv) of such<br />
paragraph with respect to a drug or substance described in<br />
a schedule notice, the Attorney General, after consultation<br />
with the Secretary of Health and Human Services and after<br />
providing interested persons opportunity to submit<br />
comments respecting the requirements of the order to be<br />
issued under this sentence, shall issue an order controlling<br />
the drug or substance under schedule IV or V, whichever is<br />
most appropriate to carry out the minimum United States<br />
obligations under paragraph 7 of article 2 of the Convention<br />
in the case of a drug or substance for which a notice of<br />
qualified acceptance was transmitted or whichever the<br />
Attorney General determines is appropriate in the case of a<br />
drug or substance described in a schedule notice. As a part<br />
of such order, the Attorney General shall, after consultation<br />
with the Secretary, except such drug or substance from the<br />
application of any provision of part C of this subchapter<br />
which he finds is not required to carry out the United States<br />
obligations under paragraph 7 of article 2 of the<br />
Convention. If, as a result of a review under paragraph 8 of<br />
article 2 of the Convention of the scheduling decision with<br />
respect to which a notice of qualified acceptance was<br />
transmitted in accordance with clause (ii) or (iii) of
paragraph (3)(C) -<br />
(i) the decision is reversed, and<br />
(ii) the drug or substance subject to such decision is<br />
not required to be controlled under schedule IV or V to<br />
carry out the minimum United States obligations under<br />
paragraph 7 of article 2 of the Convention,<br />
the order issued under this subparagraph with respect to<br />
such drug or substance shall expire upon receipt by the<br />
United States of the review decision. If, as a result of action<br />
taken pursuant to action initiated under a request<br />
transmitted under clause (iv) of paragraph (3)(C), the drug<br />
or substance with respect to which such action was taken is<br />
not required to be controlled under schedule IV or V, the<br />
order issued under this paragraph with respect to such drug<br />
or substance shall expire upon receipt by the United States<br />
of a notice of the action taken with respect to such drug or<br />
substance under the Convention.<br />
(C) An order issued under subparagraph (A) or (B) may be<br />
issued without regard to the findings required by subsection<br />
(a) of this section or by section 812(b) of this title and<br />
without regard to the procedures prescribed by subsection<br />
(a) or (b) of this section.<br />
(5) Nothing in the amendments made by the Psychotropic<br />
<strong>Substances</strong> <strong>Act</strong> of 1978 or the regulations or orders promulgated<br />
thereunder shall be construed to preclude requests by the<br />
Secretary of Health and Human Services or the Attorney General<br />
through the Secretary of State, pursuant to article 2 or other<br />
applicable provisions of the Convention, for review of scheduling<br />
decisions under such Convention, based on new or additional<br />
information.<br />
(e) Immediate precursors<br />
The Attorney General may, without regard to the findings required by<br />
subsection (a) of this section or section 812(b) of this title and without<br />
regard to the procedures prescribed by subsections (a) and (b) of this
section, place an immediate precursor in the same schedule in which the<br />
controlled substance of which it is an immediate precursor is placed or in<br />
any other schedule with a higher numerical designation. If the Attorney<br />
General designates a substance as an immediate precursor and places it in a<br />
schedule, other substances shall not be placed in a schedule solely because<br />
they are its precursors.<br />
(f) Abuse potential<br />
If, at the time a new-drug application is submitted to the Secretary for any<br />
drug having a stimulant, depressant, or hallucinogenic effect on the central<br />
nervous system, it appears that such drug has an abuse potential, such<br />
information shall be forwarded by the Secretary to the Attorney General.<br />
(g) Exclusion of non-narcotic substances sold over the counter<br />
without a prescription; dextromethorphan; exemption of<br />
substances lacking abuse potential<br />
(1) The Attorney General shall by regulation exclude any nonnarcotic<br />
substance from a schedule if such substance may, under<br />
the Federal Food, Drug, and Cosmetic <strong>Act</strong> (21 U.S.C. 301 et<br />
seq.), be lawfully sold over the counter without a prescription.<br />
(2) Dextromethorphan shall not be deemed to be included in any<br />
schedule by reason of enactment of this subchapter unless<br />
controlled after October 27, 1970 pursuant to the foregoing<br />
provisions of this section.<br />
(3) The Attorney General may, by regulation, exempt any<br />
compound, mixture, or preparation containing a controlled<br />
substance from the application of all or any part of this<br />
subchapter if he finds such compound, mixture, or preparation<br />
meets the requirements of one of the following categories:<br />
(A) A mixture, or preparation containing a nonnarcotic<br />
controlled substance, which mixture or preparation is<br />
approved for prescription use, and which contains one or<br />
more other active ingredients which are not listed in any<br />
schedule and which are included therein in such<br />
combinations, quantity, proportion, or concentration as to<br />
vitiate the potential for abuse.<br />
(B) A compound, mixture, or preparation which contains<br />
any controlled substance, which is not for administration to<br />
a human being or animal, and which is packaged in such
form or concentration, or with adulterants or denaturants,<br />
so that as packaged it does not present any significant<br />
potential for abuse.<br />
(h) Temporary scheduling to avoid imminent hazards to public<br />
safety<br />
(1) If the Attorney General finds that the scheduling of a<br />
substance in schedule I on a temporary basis is necessary to<br />
avoid an imminent hazard to the public safety, he may, by order<br />
and without regard to the requirements of subsection (b) of this<br />
section relating to the Secretary of Health and Human Services,<br />
schedule such substance in schedule I if the substance is not<br />
listed in any other schedule in section 812 of this title or if no<br />
exemption or approval is in effect for the substance under<br />
section 505 of the Federal Food, Drug, and Cosmetic <strong>Act</strong> (21<br />
U.S.C. 355). Such an order may not be issued before the<br />
expiration of thirty days from -<br />
(A) the date of the publication by the Attorney General of a<br />
notice in the Federal Register of the intention to issue such<br />
order and the grounds upon which such order is to be<br />
issued, and<br />
(B) the date the Attorney General has transmitted the<br />
notice required by paragraph (4).<br />
(2) The scheduling of a substance under this subsection shall expire at<br />
the end of one year from the date of the issuance of the order<br />
scheduling such substance, except that the Attorney General may,<br />
during the pendency of proceedings under subsection (a)(1) of this<br />
section with respect to the substance, extend the temporary<br />
scheduling for up to six months.<br />
(3) When issuing an order under paragraph (1), the Attorney General<br />
shall be required to consider, with respect to the finding of an<br />
imminent hazard to the public safety, only those factors set forth in<br />
paragraphs (4), (5), and (6) of subsection (c) of this section, including<br />
actual abuse, diversion from legitimate channels, and clandestine<br />
importation, manufacture, or distribution.<br />
(4) The Attorney General shall transmit notice of an order proposed to<br />
be issued under paragraph (1) to the Secretary of Health and Human<br />
Services. In issuing an order under paragraph (1), the Attorney<br />
General shall take into consideration any comments submitted by the<br />
Secretary in response to a notice transmitted pursuant to this
paragraph.<br />
(5) An order issued under paragraph (1) with respect to a substance<br />
shall be vacated upon the conclusion of a subsequent rulemaking<br />
proceeding initiated under subsection (a) of this section with respect<br />
to such substance.<br />
(6) An order issued under paragraph (1) is not subject to judicial<br />
review.<br />
§ 812. Schedules of controlled substances.<br />
(a) Establishment<br />
There are established five schedules of controlled substances, to be known<br />
as schedules I, II, III, IV, and V. Such schedules shall initially consist of the<br />
substances listed in this section. The schedules established by this section<br />
shall be updated and republished on a semiannual basis during the two-year<br />
period beginning one year after October 27, 1970, and shall be updated and<br />
republished on an annual basis thereafter.<br />
(b) Placement on schedules; findings required<br />
Except where control is required by United States obligations under an<br />
international treaty, convention, or protocol, in effect on October 27, 1970,<br />
and except in the case of an immediate precursor, a drug or other substance<br />
may not be placed in any schedule unless the findings required for such<br />
schedule are made with respect to such drug or other substance. The<br />
findings required for each of the schedules are as follows:<br />
(1) Schedule I. -<br />
(A) The drug or other substance has a high potential for abuse.<br />
(B) The drug or other substance has no currently accepted<br />
medical use in treatment in the United States.<br />
(C) There is a lack of accepted safety for use of the drug or other<br />
substance under medical supervision.<br />
(2) Schedule II. -<br />
(A) The drug or other substance has a high potential for abuse.<br />
(B) The drug or other substance has a currently accepted<br />
medical use in treatment in the United States or a currently<br />
accepted medical use with severe restrictions.<br />
(C) Abuse of the drug or other substances may lead to severe
psychological or physical dependence.<br />
(3) Schedule III. -<br />
(A) The drug or other substance has a potential for abuse less<br />
than the drugs or other substances in schedules I and II.<br />
(B) The drug or other substance has a currently accepted<br />
medical use in treatment in the United States.<br />
(C) Abuse of the drug or other substance may lead to moderate<br />
or low physical dependence or high psychological dependence.<br />
(4) Schedule IV. -<br />
(A) The drug or other substance has a low potential for abuse<br />
relative to the drugs or other substances in schedule III.<br />
(B) The drug or other substance has a currently accepted<br />
medical use in treatment in the United States.<br />
(C) Abuse of the drug or other substance may lead to limited<br />
physical dependence or psychological dependence relative to the<br />
drugs or other substances in schedule III.<br />
(5) Schedule V. -<br />
(A) The drug or other substance has a low potential for abuse<br />
relative to the drugs or other substances in schedule IV.<br />
(B) The drug or other substance has a currently accepted<br />
medical use in treatment in the United States.<br />
(C) Abuse of the drug or other substance may lead to limited<br />
physical dependence or psychological dependence relative to the<br />
drugs or other substances in schedule IV.<br />
(c) Initial schedules of controlled substances<br />
Schedules I, II, III, IV, and V shall, unless and until amended (FOOTNOTE<br />
1) pursuant to section 811 of this title, consist of the following drugs or<br />
other substances, by whatever official name, common or usual name,<br />
chemical name, or brand name designated: (FOOTNOTE 1) Revised<br />
schedules are published in the Code of Federal Regulations, Part 1308 of<br />
Title 21, Food and Drugs.<br />
(a) Opiates<br />
SCHEDULE I<br />
Unless specifically excepted or unless listed in another schedule, any of the
following opiates, including their isomers, esters, ethers, salts, and salts of<br />
isomers, esters, and ethers, whenever the existence of such isomers, esters,<br />
ethers, and salts is possible within the specific chemical designation:<br />
(1) Acetylmethadol.<br />
(2) Allylprodine.<br />
(3) Alphacetylmathadol. (FOOTNOTE 2) (FOOTNOTE 2) So in original.<br />
Probably should be ''Alphacetylmethadol.''<br />
(4) Alphameprodine.<br />
(5) Alphamethadol.<br />
(6) Benzethidine.<br />
(7) Betacetylmethadol.<br />
(8) Betameprodine.<br />
(9) Betamethadol.<br />
(10) Betaprodine.<br />
(11) Clonitazene.<br />
(12) Dextromoramide.<br />
(13) Dextrorphan.<br />
(14) Diampromide.<br />
(15) Diethylthiambutene.<br />
(16) Dimenoxadol.<br />
(17) Dimepheptanol.<br />
(18) Dimethylthiambutene.<br />
(19) Dioxaphetyl butyrate.<br />
(20) Dipipanone.<br />
(21) Ethylmethylthiambutene.<br />
(22) Etonitazene.<br />
(23) Etoxeridine.<br />
(24) Furethidine.<br />
(25) Hydroxypethidine.<br />
(26) Ketobemidone.<br />
(27) Levomoramide.<br />
(28) Levophenacylmorphan.<br />
(29) Morpheridine.<br />
(30) Noracymethadol.<br />
(31) Norlevorphanol.<br />
(32) Normethadone.<br />
(33) Norpipanone.<br />
(34) Phenadoxone.<br />
(35) Phenampromide.<br />
(36) Phenomorphan.
(37) Phenoperidine.<br />
(38) Piritramide.<br />
(39) Propheptazine.<br />
(40) Properidine.<br />
(41) Racemoramide.<br />
(42) Trimeperidine.<br />
(b) Opium Derivatives<br />
Unless specifically excepted or unless listed in another schedule, any of the<br />
following opium derivatives, their salts, isomers, and salt of isomers<br />
whenever the existence of such salts, isomers, and salts of isomers is<br />
possible within the specific chemical designation:<br />
(1) Acetorphine.<br />
(2) Acetyldihydrocodeine.<br />
(3) Benzylmorphine.<br />
(4) Codeine methylbromide.<br />
(5) Codeine-N-Oxide.<br />
(6) Cyprenorphine.<br />
(7) Desomorphine.<br />
(8) Dihydromorphine.<br />
(9) Etorphine.<br />
(10) Heroin.<br />
(11) Hydromorphinol.<br />
(12) Methyldesorphine.<br />
(13) Methylhydromorphine.<br />
(14) Morphine methylbromide.<br />
(15) Morphine methylsulfonate.<br />
(16) Morphine-N-Oxide.<br />
(17) Myrophine.<br />
(18) Nicocodeine.<br />
(19) Nicomorphine.<br />
(20) Normorphine.<br />
(21) Pholcodine.<br />
(22) Thebacon.<br />
(c) Hallucinogenic <strong>Substances</strong><br />
Unless specifically excepted or unless listed in another schedule, any<br />
material, compound, mixture, or preparation, which contains any quantity of<br />
the following hallucinogenic substances, or which contains any of their salts,
isomers, and salts of isomers whenever the existence of such salts, isomers,<br />
and salts of isomers is possible within the specific chemical designation:<br />
(1) 3,4-methylenedioxy amphetamine.<br />
(2) 5-methoxy-3,4-methylenedioxy amphetamine.<br />
(3) 3,4,5-trimethoxy amphetamine.<br />
(4) Bufotenine.<br />
(5) Diethyltryptamine.<br />
(6) Dimethyltryptamine.<br />
(7) 4-methyl-2,5-diamethoxyamphetamine.<br />
(8) Ibogaine.<br />
(9) Lysergic acid diethylamide.<br />
(10) Marihuana.<br />
(11) Mescaline.<br />
(12) Peyote.<br />
(13) N-ethyl-3-piperidyl benzilate.<br />
(14) N-methyl-3-piperidyl benzilate.<br />
(15) Psilocybin.<br />
(16) Psilocyn.<br />
(17) Tetrahydrocannabinols.<br />
(a)<br />
SCHEDULE II<br />
Unless specifically excepted or unless listed in another schedule, any of the<br />
following substances whether produced directly or indirectly by extraction<br />
from substances of vegetable origin, or independently by means of chemical<br />
synthesis, or by a combination of extraction and chemical synthesis:<br />
(1) Opium and opiate, and any salt, compound, derivative, or<br />
preparation of opium or opiate.<br />
(2) Any salt, compound, derivative, or preparation thereof which is<br />
chemically equivalent or identical with any of the substances referred<br />
to in clause (1), except that these substances shall not include the<br />
isoquinoline alkaloids of opium.<br />
(3) Opium poppy and poppy straw.<br />
(4) coca (FOOTNOTE 3) leaves, except coca leaves and extracts of<br />
coca leaves from which cocaine, ecgonine, and derivatives of ecgonine<br />
or their salts have been removed; cocaine, its salts, optical and<br />
geometric isomers, and salts of isomers; ecgonine, its derivatives,
their salts, isomers, and salts of isomers; or any compound, mixture,<br />
or preparation which contains any quantity of any of the substances<br />
referred to in this paragraph. (FOOTNOTE 3) So in original. Probably<br />
should be capitalized.<br />
(b) Opiates<br />
Unless specifically excepted or unless listed in another schedule, any of the<br />
following opiates, including their isomers, esters, ethers, salts, and salts of<br />
isomers, esters and ethers, whenever the existence of such isomers, esters,<br />
ethers, and salts is possible within the specific chemical designation:<br />
(1) Alphaprodine.<br />
(2) Anileridine.<br />
(3) Bezitramide.<br />
(4) Dihydrocodeine.<br />
(5) Diphenoxylate.<br />
(6) Fentanyl.<br />
(7) Isomethadone.<br />
(8) Levomethorphan.<br />
(9) Levorphanol.<br />
(10) Metazocine.<br />
(11) Methadone.<br />
(12) Methadone-Intermediate, 4-cyano-2-dimethylamino-4,4-<br />
diphenyl butane.<br />
(13) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-<br />
diphenylpropane-carboxylic acid.<br />
(14) Pethidine.<br />
(15) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine.<br />
(16) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-<br />
carboxylate.<br />
(17) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-<br />
carboxylic acid.<br />
(18) Phenazocine.<br />
(19) Piminodine.<br />
(20) Racemethorphan.<br />
(21) Racemorphan.<br />
(c) Methamphetamine<br />
Unless specifically excepted or unless listed in another schedule, any<br />
injectable liquid which contains any quantity of methamphetamine, including
its salts, isomers, and salts of isomers.<br />
(a) Stimulants<br />
SCHEDULE III<br />
Unless specifically excepted or unless listed in another schedule, any<br />
material, compound, mixture, or preparation which contains any quantity of<br />
the following substances having a stimulant effect on the central nervous<br />
system:<br />
(1) Amphetamine, its salts, optical isomers, and salts of its optical<br />
isomers.<br />
(2) Phenmetrazine and its salts.<br />
(3) Any substance (except an injectable liquid) which contains any<br />
quantity of methamphetamine, including its salts, isomers, and salts<br />
of isomers.<br />
(4) Methylphenidate.<br />
(b) Depressants<br />
Unless specifically excepted or unless listed in another schedule, any<br />
material, compound, mixture, or preparation which contains any quantity of<br />
the following substances having a depressant effect on the central nervous<br />
system:<br />
(1) Any substance which contains any quantity of a derivative of<br />
barbituric acid, or any salt of a derivative of barbituric acid.<br />
(2) Chorhexadol.<br />
(3) Glutehimide.<br />
(4) Lysergic acid.<br />
(5) Lysergic acid amide.<br />
(6) Methyprylon.<br />
(7) Phencyclidine.<br />
(8) Sulfondiethylmethane.<br />
(9) Sulfonethylmethane.<br />
(10) Sulfonmethane.<br />
(c) Nalorphine.<br />
(d) Narcotic Drug
Unless specifically excepted or unless listed in another schedule, any<br />
material, compound, mixture, or preparation containing limited quantities of<br />
any of the following narcotic drugs, or any salts thereof:<br />
(1) Not more than 1.8 grams of codeine per 100 milliliters or not more<br />
than 90 milligrams per dosage unit, with an equal or greater quantity<br />
of an isoquinoline alkaloid of opium.<br />
(2) Not more than 1.8 grams of codeine per 100 milliliters or not more<br />
than 90 milligrams per dosage unit, with one or more active, nonnarcotic<br />
ingredients in recognized therapeutic amounts.<br />
(3) Not more than 300 milligrams of dihydrocodeinone per 100<br />
milliliters or not more than 15 milligrams per dosage unit, with a<br />
fourfold or greater quantity of an isoquinoline alkaloid of opium.<br />
(4) Not more than 300 milligrams of dihydrocodeinone per 100<br />
milliliters or not more than 15 milligrams per dosage unit, with one or<br />
more active, nonnarcotic ingredients in recognized therapeutic<br />
amounts.<br />
(5) Not more than 1.8 grams of dihydrocodeine per 100 milliliters or<br />
not more than 90 milligrams per dosage unit, with one or more active,<br />
nonnarcotic ingredients in recognized therapeutic amounts.<br />
(6) Not more than 300 milligrams of ethylmorphine per 100 milliliters<br />
or not more than 15 milligrams per dosage unit, with one or more<br />
active, nonnarcotic ingredients in recognized therapeutic amounts.<br />
(7) Not more than 500 milligrams of opium per 100 milliliters or per<br />
100 grams, or not more than 25 milligrams per dosage unit, with one<br />
or more active, nonnarcotic ingredients in recognized therapeutic<br />
amounts.<br />
(8) Not more than 50 milligrams of morphine per 100 milliliters or per<br />
100 grams with one or more active, nonnarcotic ingredients in<br />
recognized therapeutic amounts.<br />
(e) Anabolic steroids.<br />
(1) Barbital.<br />
(2) Chloral betaine.<br />
(3) Chloral hydrate.<br />
(4) Ethchlorvynol.<br />
(5) Ethinamate.<br />
(6) Methohexital.<br />
SCHEDULE IV
(7) Meprobamate.<br />
(8) Methylphenobarbital.<br />
(9) Paraldehyde.<br />
(10) Petrichloral.<br />
(11) Phenobarbital.<br />
SCHEDULE V<br />
Any compound, mixture, or preparation containing any of the following<br />
limited quantities of narcotic drugs, which shall include one or more<br />
nonnarcotic active medicinal ingredients in sufficient proportion to confer<br />
upon the compound, mixture, or preparation valuable medicinal qualities<br />
other than those possessed by the narcotic drug alone:<br />
(1) Not more than 200 milligrams of codeine per 100 milliliters or per<br />
100 grams.<br />
(2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters<br />
or per 100 grams.<br />
(3) Not more than 100 milligrams of ethylmorphine per 100 milliliters<br />
or per 100 grams.<br />
(4) Not more than 2.5 milligrams of diphenoxylate and not less than<br />
25 micrograms of atropine sulfate per dosage unit.<br />
(5) Not more than 100 milligrams of opium per 100 milliliters or per<br />
100 grams.<br />
§ 813. Treatment of controlled substance analogues.<br />
A controlled substance analogue shall, to the extent intended for human<br />
consumption, be treated, for the purposes of any Federal law as a controlled<br />
substance in schedule I.<br />
§ 814. Removal of exemption of certain drugs.<br />
(a) Removal of exemption<br />
The Attorney General shall by regulation remove from exemption under<br />
section 802(39)(A)(iv) of this title a drug or group of drugs that the Attorney<br />
General finds is being diverted to obtain a listed chemical for use in the illicit<br />
production of a controlled substance.<br />
(b) Factors to be considered
In removing a drug or group of drugs from exemption under subsection (a)<br />
of this section, the Attorney General shall consider, with respect to a drug or<br />
group of drugs that is proposed to be removed from exemption -<br />
(1) the scope, duration, and significance of the diversion;<br />
(2) whether the drug or group of drugs is formulated in such a way<br />
that it cannot be easily used in the illicit production of a controlled<br />
substance; and<br />
(3) whether the listed chemical can be readily recovered from the drug<br />
or group of drugs.<br />
(c) Specificity of designation<br />
The Attorney General shall limit the designation of a drug or a group of<br />
drugs removed from exemption under subsection (a) of this section to the<br />
most particularly identifiable type of drug or group of drugs for which<br />
evidence of diversion exists unless there is evidence, based on the pattern<br />
of diversion and other relevant factors, that the diversion will not be limited<br />
to that particular drug or group of drugs.<br />
(d) Reinstatement of exemption with respect to particular drug<br />
products<br />
(1) Reinstatement On application by a manufacturer of a<br />
particular drug product that has been removed from exemption<br />
under subsection (a) of this section, the Attorney General shall<br />
by regulation reinstate the exemption with respect to that<br />
particular drug product if the Attorney General determines that<br />
the particular drug product is manufactured and distributed in a<br />
manner that prevents diversion.<br />
(2) Factors to be considered In deciding whether to reinstate the<br />
exemption with respect to a particular drug product under<br />
paragraph (1), the Attorney General shall consider -<br />
(A) the package sizes and manner of packaging of the drug<br />
product;<br />
(B) the manner of distribution and advertising of the drug<br />
product;<br />
(C) evidence of diversion of the drug product;<br />
(D) any actions taken by the manufacturer to prevent<br />
diversion of the drug product; and<br />
(E) such other factors as are relevant to and consistent with
the public health and safety, including the factors described<br />
in subsection (b) of this section as applied to the drug<br />
product.<br />
(3) Status pending application for reinstatement A transaction<br />
involving a particular drug product that is the subject of a bona<br />
fide pending application for reinstatement of exemption filed with<br />
the Attorney General not later than 60 days after a regulation<br />
removing the exemption is issued pursuant to subsection (a) of<br />
this section shall not be considered to be a regulated transaction<br />
if the transaction occurs during the pendency of the application<br />
and, if the Attorney General denies the application, during the<br />
period of 60 days following the date on which the Attorney<br />
General denies the application, unless -<br />
(A) the Attorney General has evidence that, applying the<br />
factors described in subsection (b) of this section to the<br />
drug product, the drug product is being diverted; and<br />
(B) the Attorney General so notifies the applicant.<br />
(4) Amendment and modification A regulation reinstating an<br />
exemption under paragraph (1) may be modified or revoked with<br />
respect to a particular drug product upon a finding that -<br />
(A) applying the factors described in subsection (b) of this<br />
section to the drug product, the drug product is being<br />
diverted; or<br />
(B) there is a significant change in the data that led to the<br />
issuance of the regulation.<br />
Return to top<br />
PART C - REGISTRATION OF MANUFACTURERS, DISTRIBUTORS, AND<br />
DISPENSERS OF CONTROLLED SUBSTANCES<br />
§ 821. Rules and regulations.<br />
The Attorney General is authorized to promulgate rules and regulations and<br />
to charge reasonable fees relating to the registration and control of the<br />
manufacture, distribution, and dispensing of controlled substances and to<br />
the registration and control of regulated persons and of regulated<br />
transactions.
§ 822. Persons required to register.<br />
(a) Period of registration<br />
(1) Every person who manufactures or distributes any controlled<br />
substance or list I chemical, or who proposes to engage in the<br />
manufacture or distribution of any controlled substance or list I<br />
chemical, shall obtain annually a registration issued by the<br />
Attorney General in accordance with the rules and regulations<br />
promulgated by him.<br />
(2) Every person who dispenses, or who proposes to dispense,<br />
any controlled substance, shall obtain from the Attorney General<br />
a registration issued in accordance with the rules and regulations<br />
promulgated by him. The Attorney General shall, by regulation,<br />
determine the period of such registrations. In no event, however,<br />
shall such registrations be issued for less than one year nor for<br />
more than three years.<br />
(b) Authorized activities<br />
Persons registered by the Attorney General under this subchapter to<br />
manufacture, distribute, or dispense controlled substances or list I chemicals<br />
are authorized to possess, manufacture, distribute, or dispense such<br />
substances or chemicals (including any such activity in the conduct of<br />
research) to the extent authorized by their registration and in conformity<br />
with the other provisions of this subchapter.<br />
(c) Exceptions<br />
The following persons shall not be required to register and may lawfully<br />
possess any controlled substance or list I chemical under this subchapter:<br />
(1) An agent or employee of any registered manufacturer, distributor,<br />
or dispenser of any controlled substance or list I chemical if such<br />
agent or employee is acting in the usual course of his business or<br />
employment.<br />
(2) A common or contract carrier or warehouseman, or an employee<br />
thereof, whose possession of the controlled substance or list I<br />
chemical is in the usual course of his business or employment.<br />
(3) An ultimate user who possesses such substance for a purpose
specified in section 802(25) (FOOTNOTE 1) of this title.<br />
(FOOTNOTE 1) Section 802(25) of this title, referred to in subsec.<br />
(c)(3), was redesignated section 802(26) of this title by Pub. L. 98-<br />
473, title II, Sec. 507(a), Oct. 12, 1984, 98 Stat. 2071, and was<br />
further redesignated section 802(27) of this title by Pub. L. 99-570,<br />
title I, Sec. 1003(b)(2), Oct. 27, 1986, 100 Stat. 3207-6.<br />
(d) Waiver<br />
The Attorney General may, by regulation, waive the requirement for<br />
registration of certain manufacturers, distributors, or dispensers if he finds it<br />
consistent with the public health and safety.<br />
(e) Separate registration<br />
A separate registration shall be required at each principal place of business<br />
or professional practice where the applicant manufactures, distributes, or<br />
dispenses controlled substances or list I chemicals.<br />
(f) Inspection<br />
The Attorney General is authorized to inspect the establishment of a<br />
registrant or applicant for registration in accordance with the rules and<br />
regulations promulgated by him.<br />
§ 823. Registration requirements.<br />
(a) Manufacturers of controlled substances in schedule I or II<br />
The Attorney General shall register an applicant to manufacture controlled<br />
substances in schedule I or II if he determines that such registration is<br />
consistent with the public interest and with United States obligations under<br />
international treaties, conventions, or protocols in effect on May 1, 1971. In<br />
determining the public interest, the following factors shall be considered:<br />
(1) maintenance of effective controls against diversion of particular<br />
controlled substances and any controlled substance in schedule I or II<br />
compounded therefrom into other than legitimate medical, scientific,<br />
research, or industrial channels, by limiting the importation and bulk
manufacture of such controlled substances to a number of<br />
establishments which can produce an adequate and uninterrupted<br />
supply of these substances under adequately competitive conditions<br />
for legitimate medical, scientific, research, and industrial purposes;<br />
(2) compliance with applicable State and local law;<br />
(3) promotion of technical advances in the art of manufacturing these<br />
substances and the development of new substances;<br />
(4) prior conviction record of applicant under Federal and State laws<br />
relating to the manufacture, distribution, or dispensing of such<br />
substances;<br />
(5) past experience in the manufacture of controlled substances, and<br />
the existence in the establishment of effective control against<br />
diversion; and<br />
(6) such other factors as may be relevant to and consistent with the<br />
public health and safety.<br />
(b) Distributors of controlled substances in schedule I or II<br />
The Attorney General shall register an applicant to distribute a controlled<br />
substance in schedule I or II unless he determines that the issuance of such<br />
registration is inconsistent with the public interest. In determining the public<br />
interest, the following factors shall be considered:<br />
(1) maintenance of effective control against diversion of particular<br />
controlled substances into other than legitimate medical, scientific,<br />
and industrial channels;<br />
(2) compliance with applicable State and local law;<br />
(3) prior conviction record of applicant under Federal or State laws<br />
relating to the manufacture, distribution, or dispensing of such<br />
substances;<br />
(4) past experience in the distribution of controlled substances; and<br />
(5) such other factors as may be relevant to and consistent with the<br />
public health and safety.<br />
(c) Limits of authorized activities<br />
Registration granted under subsections (a) and (b) of this section shall not<br />
entitle a registrant to (1) manufacture or distribute controlled substances in<br />
schedule I or II other than those specified in the registration, or (2)<br />
manufacture any quantity of those controlled substances in excess of the<br />
quota assigned pursuant to section 826 of this title.
(d) Manufacturers of controlled substances in schedule III, IV,<br />
or V<br />
The Attorney General shall register an applicant to manufacture controlled<br />
substances in schedule III, IV, or V, unless he determines that the issuance<br />
of such registration is inconsistent with the public interest. In determining<br />
the public interest, the following factors shall be considered:<br />
(1) maintenance of effective controls against diversion of particular<br />
controlled substances and any controlled substance in schedule III, IV,<br />
or V compounded therefrom into other than legitimate medical,<br />
scientific, or industrial channels;<br />
(2) compliance with applicable State and local law;<br />
(3) promotion of technical advances in the art of manufacturing these<br />
substances and the development of new substances;<br />
(4) prior conviction record of applicant under Federal or State laws<br />
relating to the manufacture, distribution, or dispensing of such<br />
substances;<br />
(5) past experience in the manufacture, distribution, and dispensing of<br />
controlled substances, and the existence in the establishment of<br />
effective controls against diversion; and<br />
(6) such other factors as may be relevant to and consistent with the<br />
public health and safety.<br />
(e) Distributors of controlled substances in schedule III, IV, or<br />
V<br />
The Attorney General shall register an applicant to distribute controlled<br />
substances in schedule III, IV, or V, unless he determines that the issuance<br />
of such registration is inconsistent with the public interest. In determining<br />
the public interest, the following factors shall be considered:<br />
(1) maintenance of effective controls against diversion of particular<br />
controlled substances into other than legitimate medical, scientific,<br />
and industrial channels;<br />
(2) compliance with applicable State and local law;<br />
(3) prior conviction record of applicant under Federal or State laws<br />
relating to the manufacture, distribution, or dispensing of such<br />
substances;<br />
(4) past experience in the distribution of controlled substances; and<br />
(5) such other factors as may be relevant to and consistent with the
public health and safety.<br />
(f) Research by practitioners; pharmacies; research<br />
applications; construction of Article 7 of the Convention on<br />
Psychotropic <strong>Substances</strong><br />
The Attorney General shall register practitioners (including pharmacies, as<br />
distinguished from pharmacists) to dispense, or conduct research with,<br />
controlled substances in schedule II, III, IV, or V, if the applicant is<br />
authorized to dispense, or conduct research with respect to, controlled<br />
substances under the laws of the State in which he practices. The Attorney<br />
General may deny an application for such registration if he determines that<br />
the issuance of such registration would be inconsistent with the public<br />
interest. In determining the public interest, the following factors shall be<br />
considered:<br />
(1) The recommendation of the appropriate State licensing board or<br />
professional disciplinary authority.<br />
(2) The applicant's experience in dispensing, or conducting research<br />
with respect to controlled substances.<br />
(3) The applicant's conviction record under Federal or State laws<br />
relating to the manufacture, distribution, or dispensing of controlled<br />
substances.<br />
(4) Compliance with applicable State, Federal, or local laws relating to<br />
controlled substances.<br />
(5) Such other conduct which may threaten the public health and<br />
safety.<br />
Separate registration under this part for practitioners engaging in research<br />
with controlled substances in schedule II, III, IV, or V, who are already<br />
registered under this part in another capacity, shall not be required.<br />
Registration applications by practitioners wishing to conduct research with<br />
controlled substances in schedule I shall be referred to the Secretary, who<br />
shall determine the qualifications and competency of each practitioner<br />
requesting registration, as well as the merits of the research protocol. The<br />
Secretary, in determining the merits of each research protocol, shall consult<br />
with the Attorney General as to effective procedures to adequately<br />
safeguard against diversion of such controlled substances from legitimate<br />
medical or scientific use. Registration for the purpose of bona fide research<br />
with controlled substances in schedule I by a practitioner deemed qualified<br />
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<br />
Psychotropic <strong>Substances</strong> shall not be construed to prohibit, or impose<br />
additional restrictions upon, research involving drugs or other substances<br />
scheduled under the convention which is conducted in conformity with this<br />
subsection and other applicable provisions of this subchapter.<br />
(g) Practitioners dispensing narcotic drugs for narcotic<br />
treatment; annual registration; separate registration;<br />
qualifications<br />
Practitioners who dispense narcotic drugs to individuals for maintenance<br />
treatment or detoxification treatment shall obtain annually a separate<br />
registration for that purpose. The Attorney General shall register an<br />
applicant to dispense narcotic drugs to individuals for maintenance<br />
treatment or detoxification treatment (or both)<br />
(1) if the applicant is a practitioner who is determined by the<br />
Secretary to be qualified (under standards established by the<br />
Secretary) to engage in the treatment with respect to which<br />
registration is sought;<br />
(2) if the Attorney General determines that the applicant will comply<br />
with standards established by the Attorney General respecting (A)<br />
security of stocks of narcotic drugs for such treatment, and (B) the<br />
maintenance of records (in accordance with section 827 of this title)<br />
on such drugs; and<br />
(3) if the Secretary determines that the applicant will comply with<br />
standards established by the Secretary (after consultation with the<br />
Attorney General) respecting the quantities of narcotic drugs which<br />
may be provided for unsupervised use by individuals in such<br />
treatment.<br />
(h) Applicants for distribution of list I chemicals<br />
The Attorney General shall register an applicant to distribute a list I chemical<br />
unless the Attorney General determines that registration of the applicant is<br />
inconsistent with the public interest. Registration under this subsection shall<br />
not be required for the distribution of a drug product that is exempted under<br />
section 802(39)(A)(iv) of this title. In determining the public interest for the<br />
purposes of this subsection, the Attorney General shall consider -<br />
(1) maintenance by the applicant of effective controls against diversion
of listed chemicals into other than legitimate channels;<br />
(2) compliance by the applicant with applicable Federal, State, and<br />
local law;<br />
(3) any prior conviction record of the applicant under Federal or State<br />
laws relating to controlled substances or to chemicals controlled under<br />
Federal or State law;<br />
(4) any past experience of the applicant in the manufacture and<br />
distribution of chemicals; and<br />
(5) such other factors as are relevant to and consistent with the public<br />
health and safety.<br />
§ 824. Denial, revocation, or suspension of registration.<br />
(a) Grounds<br />
A registration pursuant to section 823 of this title to manufacture, distribute,<br />
or dispense a controlled substance or a list I chemical may be suspended or<br />
revoked by the Attorney General upon a finding that the registrant -<br />
(1) has materially falsified any application filed pursuant to or required<br />
by this subchapter or subchapter II of this chapter;<br />
(2) has been convicted of a felony under this subchapter or subchapter<br />
II of this chapter or any other law of the United States, or of any<br />
State, relating to any substance defined in this subchapter as a<br />
controlled substance or a list I chemical;<br />
(3) has had his State license or registration suspended, revoked, or<br />
denied by competent State authority and is no longer authorized by<br />
State law to engage in the manufacturing, distribution, or dispensing<br />
of controlled substances or list I chemicals or has had the suspension,<br />
revocation, or denial of his registration recommended by competent<br />
State authority;<br />
(4) has committed such acts as would render his registration under<br />
section 823 of this title inconsistent with the public interest as<br />
determined under such section; or<br />
(5) has been excluded (or directed to be excluded) from participation<br />
in a program pursuant to section 1320a-7(a) of title 42.<br />
A registration pursuant to section 823(g) of this title to dispense a narcotic<br />
drug for maintenance treatment or detoxification treatment may be<br />
suspended or revoked by the Attorney General upon a finding that the<br />
registrant has failed to comply with any standard referred to in section
823(g) of this title.<br />
(b) Limits of revocation or suspension<br />
The Attorney General may limit revocation or suspension of a registration to<br />
the particular controlled substance or list I chemical with respect to which<br />
grounds for revocation or suspension exist.<br />
(c) Service of show cause order; proceedings<br />
Before taking action pursuant to this section, or pursuant to a denial of<br />
registration under section 823 of this title, the Attorney General shall serve<br />
upon the applicant or registrant an order to show cause why registration<br />
should not be denied, revoked, or suspended. The order to show cause shall<br />
contain a statement of the basis thereof and shall call upon the applicant or<br />
registrant to appear before the Attorney General at a time and place stated<br />
in the order, but in no event less than thirty days after the date of receipt of<br />
the order. Proceedings to deny, revoke, or suspend shall be conducted<br />
pursuant to this section in accordance with subchapter II of chapter 5 of title<br />
5. Such proceedings shall be independent of, and not in lieu of, criminal<br />
prosecutions or other proceedings under this subchapter or any other law of<br />
the United States.<br />
(d) Suspension of registration in cases of imminent danger<br />
The Attorney General may, in his discretion, suspend any registration<br />
simultaneously with the institution of proceedings under this section, in<br />
cases where he finds that there is an imminent danger to the public health<br />
or safety. A failure to comply with a standard referred to in section 823(g) of<br />
this title may be treated under this subsection as grounds for immediate<br />
suspension of a registration granted under such section. A suspension under<br />
this subsection shall continue in effect until the conclusion of such<br />
proceedings, including judicial review thereof, unless sooner withdrawn by<br />
the Attorney General or dissolved by a court of competent jurisdiction.<br />
(e) Suspension and revocation of quotas<br />
The suspension or revocation of a registration under this section shall<br />
operate to suspend or revoke any quota applicable under section 826 of this<br />
title.
(f) Disposition of controlled substances or list I chemicals<br />
In the event the Attorney General suspends or revokes a registration<br />
granted under section 823 of this title, all controlled substances or list I<br />
chemicals owned or possessed by the registrant pursuant to such<br />
registration at the time of suspension or the effective date of the revocation<br />
order, as the case may be, may, in the discretion of the Attorney General,<br />
be placed under seal. No disposition may be made of any controlled<br />
substances or list I chemicals under seal until the time for taking an appeal<br />
has elapsed or until all appeals have been concluded except that a court,<br />
upon application therefor, may at any time order the sale of perishable<br />
controlled substances or list I chemicals. Any such order shall require the<br />
deposit of the proceeds of the sale with the court. Upon a revocation order<br />
becoming final, all such controlled substances or list I chemicals (or<br />
proceeds of sale deposited in court) shall be forfeited to the United States;<br />
and the Attorney General shall dispose of such controlled substances or list I<br />
chemicals in accordance with section 881(e) of this title. All right, title, and<br />
interest in such controlled substances or list I chemicals shall vest in the<br />
United States upon a revocation order becoming final.<br />
(g) Seizure or placement under seal of controlled substances<br />
or list I chemicals<br />
The Attorney General may, in his discretion, seize or place under seal any<br />
controlled substances or list I chemicals owned or possessed by a registrant<br />
whose registration has expired or who has ceased to practice or do business<br />
in the manner contemplated by his registration. Such controlled substances<br />
or list I chemicals shall be held for the benefit of the registrant, or his<br />
successor in interest. The Attorney General shall notify a registrant, or his<br />
successor in interest, who has any controlled substance or list I chemical<br />
seized or placed under seal of the procedures to be followed to secure the<br />
return of the controlled substance or list I chemical and the conditions under<br />
which it will be returned. The Attorney General may not dispose of any<br />
controlled substance or list I chemical seized or placed under seal under this<br />
subsection until the expiration of one hundred and eighty days from the date<br />
such substance or chemical was seized or placed under seal.<br />
§ 825. Labeling and packaging.<br />
(a) Symbol
It shall be unlawful to distribute a controlled substance in a commercial<br />
container unless such container, when and as required by regulations of the<br />
Attorney General, bears a label (as defined in section 321(k) of this title)<br />
containing an identifying symbol for such substance in accordance with such<br />
regulations. A different symbol shall be required for each schedule of<br />
controlled substances.<br />
(b) Unlawful distribution without identifying symbol<br />
It shall be unlawful for the manufacturer of any controlled substance to<br />
distribute such substance unless the labeling (as defined in section 321(m)<br />
of this title) of such substance contains, when and as required by regulations<br />
of the Attorney General, the identifying symbol required under subsection<br />
(a) of this section.<br />
(c) Warning on label<br />
The Secretary shall prescribe regulations under section 353(b) of this title<br />
which shall provide that the label of a drug listed in schedule II, III, or IV<br />
shall, when dispensed to or for a patient, contain a clear, concise warning<br />
that it is a crime to transfer the drug to any person other than the patient.<br />
(d) Containers to be securely sealed<br />
It shall be unlawful to distribute controlled substances in schedule I or II,<br />
and narcotic drugs in schedule III or IV, unless the bottle or other container,<br />
stopper, covering, or wrapper thereof is securely sealed as required by<br />
regulations of the Attorney General.<br />
§ 826. Production quotas for controlled substances.<br />
(a) Establishment of total annual needs<br />
The Attorney General shall determine the total quantity and establish<br />
production quotas for each basic class of controlled substance in schedules I<br />
and II to be manufactured each calendar year to provide for the estimated<br />
medical, scientific, research, and industrial needs of the United States, for<br />
lawful export requirements, and for the establishment and maintenance of<br />
reserve stocks. Production quotas shall be established in terms of quantities<br />
of each basic class of controlled substance and not in terms of individual
pharmaceutical dosage forms prepared from or containing such a controlled<br />
substance.<br />
(b) Individual production quotas; revised quotas<br />
The Attorney General shall limit or reduce individual production quotas to<br />
the extent necessary to prevent the aggregate of individual quotas from<br />
exceeding the amount determined necessary each year by the Attorney<br />
General under subsection (a) of this section. The quota of each registered<br />
manufacturer for each basic class of controlled substance in schedule I or II<br />
shall be revised in the same proportion as the limitation or reduction of the<br />
aggregate of the quotas. However, if any registrant, before the issuance of a<br />
limitation or reduction in quota, has manufactured in excess of his revised<br />
quota, the amount of the excess shall be subtracted from his quota for the<br />
following year.<br />
(c) Manufacturing quotas for registered manufacturers<br />
On or before October 1 of each year, upon application therefor by a<br />
registered manufacturer, the Attorney General shall fix a manufacturing<br />
quota for the basic classes of controlled substances in schedules I and II<br />
that the manufacturer seeks to produce. The quota shall be subject to the<br />
provisions of subsections (a) and (b) of this section. In fixing such quotas,<br />
the Attorney General shall determine the manufacturer's estimated disposal,<br />
inventory, and other requirements for the calendar year; and, in making his<br />
determination, the Attorney General shall consider the manufacturer's<br />
current rate of disposal, the trend of the national disposal rate during the<br />
preceding calendar year, the manufacturer's production cycle and inventory<br />
position, the economic availability of raw materials, yield and stability<br />
problems, emergencies such as strikes and fires, and other factors.<br />
(d) Quotas for registrants who have not manufactured<br />
controlled substance during one or more preceding years<br />
The Attorney General shall, upon application and subject to the provisions of<br />
subsections (a) and (b) of this section, fix a quota for a basic class of<br />
controlled substance in schedule I or II for any registrant who has not<br />
manufactured that basic class of controlled substance during one or more<br />
preceding calendar years. In fixing such quota, the Attorney General shall<br />
take into account the registrant's reasonably anticipated requirements for
the current year; and, in making his determination of such requirements, he<br />
shall consider such factors specified in subsection (c) of this section as may<br />
be relevant.<br />
(e) Quota increases<br />
At any time during the year any registrant who has applied for or received a<br />
manufacturing quota for a basic class of controlled substance in schedule I<br />
or II may apply for an increase in that quota to meet his estimated disposal,<br />
inventory, and other requirements during the remainder of that year. In<br />
passing upon the application the Attorney General shall take into<br />
consideration any occurrences since the filing of the registrant's initial quota<br />
application that may require an increased manufacturing rate by the<br />
registrant during the balance of the year. In passing upon the application<br />
the Attorney General may also take into account the amount, if any, by<br />
which the determination of the Attorney General under subsection (a) of this<br />
section exceeds the aggregate of the quotas of all registrants under this<br />
section.<br />
(f) Incidental production exception<br />
Notwithstanding any other provisions of this subchapter, no registration or<br />
quota may be required for the manufacture of such quantities of controlled<br />
substances in schedules I and II as incidentally and necessarily result from<br />
the manufacturing process used for the manufacture of a controlled<br />
substance with respect to which its manufacturer is duly registered under<br />
this subchapter. The Attorney General may, by regulation, prescribe<br />
restrictions on the retention and disposal of such incidentally produced<br />
substances.<br />
§ 827. Records and reports of registrants.<br />
(a) Inventory<br />
Except as provided in subsection (c) of this section -<br />
(1) every registrant under this subchapter shall, on May 1, 1971, or as<br />
soon thereafter as such registrant first engages in the manufacture,<br />
distribution, or dispensing of controlled substances, and every second<br />
year thereafter, make a complete and accurate record of all stocks
thereof on hand, except that the regulations prescribed under this<br />
section shall permit each such biennial inventory (following the initial<br />
inventory required by this paragraph) to be prepared on such<br />
registrant's regular general physical inventory date (if any) which is<br />
nearest to and does not vary by more than six months from the<br />
biennial date that would otherwise apply;<br />
(2) on the effective date of each regulation of the Attorney General<br />
controlling a substance that immediately prior to such date was not a<br />
controlled substance, each registrant under this subchapter<br />
manufacturing, distributing, or dispensing such substance shall make a<br />
complete and accurate record of all stocks thereof on hand; and<br />
(3) on and after May 1, 1971, every registrant under this subchapter<br />
manufacturing, distributing, or dispensing a controlled substance or<br />
substances shall maintain, on a current basis, a complete and accurate<br />
record of each such substance manufactured, received, sold,<br />
delivered, or otherwise disposed of by him, except that this paragraph<br />
shall not require the maintenance of a perpetual inventory.<br />
(b) Availability of records<br />
Every inventory or other record required under this section (1) shall be in<br />
accordance with, and contain such relevant information as may be required<br />
by, regulations of the Attorney General, (2) shall (A) be maintained<br />
separately from all other records of the registrant, or (B) alternatively, in the<br />
case of nonnarcotic controlled substances, be in such form that information<br />
required by the Attorney General is readily retrievable from the ordinary<br />
business records of the registrant, and (3) shall be kept and be available, for<br />
at least two years, for inspection and copying by officers or employees of the<br />
United States authorized by the Attorney General.<br />
(c) Nonapplicability<br />
The foregoing provisions of this section shall not apply -<br />
(1)<br />
(A) to the prescribing of controlled substances in schedule II, III,<br />
IV, or V by practitioners acting in the lawful course of their<br />
professional practice unless such substance is prescribed in the<br />
course of maintenance or detoxification treatment of an<br />
individual; or<br />
(B) to the administering of a controlled substance in schedule II,
(2)<br />
III, IV, or V unless the practitioner regularly engages in the<br />
dispensing or administering of controlled substances and charges<br />
his patients, either separately or together with charges for other<br />
professional services, for substances so dispensed or<br />
administered or unless such substance is administered in the<br />
course of maintenance treatment or detoxification treatment of<br />
an individual;<br />
(A) to the use of controlled substances, at establishments<br />
registered under this subchapter which keep records with respect<br />
to such substances, in research conducted in conformity with an<br />
exemption granted under section 355(i) or 360b(j) of this title;<br />
(B) to the use of controlled substances, at establishments<br />
registered under this subchapter which keep records with respect<br />
to such substances, in preclinical research or in teaching; or<br />
(3) to the extent of any exemption granted to any person, with<br />
respect to all or part of such provisions, by the Attorney General by or<br />
pursuant to regulation on the basis of a finding that the application of<br />
such provisions (or part thereof) to such person is not necessary for<br />
carrying out the purposes of this subchapter. Nothing in the<br />
Convention on Psychotropic <strong>Substances</strong> shall be construed as<br />
superseding or otherwise affecting the provisions of paragraph (1)(B),<br />
(2), or (3) of this subsection.<br />
(d) Periodic reports to Attorney General<br />
Every manufacturer registered under section 823 of this title shall, at such<br />
time or times and in such form as the Attorney General may require, make<br />
periodic reports to the Attorney General of every sale, delivery or other<br />
disposal by him of any controlled substance, and each distributor shall make<br />
such reports with respect to narcotic controlled substances, identifying by<br />
the registration number assigned under this subchapter the person or<br />
establishment (unless exempt from registration under section 822(d) of this<br />
title) to whom such sale, delivery, or other disposal was made.<br />
(e) Reporting and recordkeeping requirements of drug<br />
conventions<br />
In addition to the reporting and recordkeeping requirements under any other<br />
provision of this subchapter, each manufacturer registered under section
823 of this title shall, with respect to narcotic and nonnarcotic controlled<br />
substances manufactured by it, make such reports to the Attorney General,<br />
and maintain such records, as the Attorney General may require to enable<br />
the United States to meet its obligations under articles 19 and 20 of the<br />
Single Convention on Narcotic Drugs and article 16 of the Convention on<br />
Psychotropic <strong>Substances</strong>. The Attorney General shall administer the<br />
requirements of this subsection in such a manner as to avoid the<br />
unnecessary imposition of duplicative requirements under this subchapter on<br />
manufacturers subject to the requirements of this subsection.<br />
(f) Investigational uses of drugs; procedures<br />
Regulations under sections 355(i) and 360(j) of this title, relating to<br />
investigational use of drugs, shall include such procedures as the Secretary,<br />
after consultation with the Attorney General, determines are necessary to<br />
insure the security and accountability of controlled substances used in<br />
research to which such regulations apply.<br />
(g) Change of address<br />
Every registrant under this subchapter shall be required to report any<br />
change of professional or business address in such manner as the Attorney<br />
General shall by regulation require.<br />
§ 828. Order forms.<br />
(a) Unlawful distribution of controlled substances<br />
It shall be unlawful for any person to distribute a controlled substance in<br />
schedule I or II to another except in pursuance of a written order of the<br />
person to whom such substance is distributed, made on a form to be issued<br />
by the Attorney General in blank in accordance with subsection (d) of this<br />
section and regulations prescribed by him pursuant to this section.<br />
(b) Nonapplicability of provisions<br />
Nothing in subsection (a) of this section shall apply to -<br />
(1) the exportation of such substances from the United States in<br />
conformity with subchapter II of this chapter;
(2) the delivery of such a substance to or by a common or contract<br />
carrier for carriage in the lawful and usual course of its business, or to<br />
or by a warehouseman for storage in the lawful and usual course of its<br />
business; but where such carriage or storage is in connection with the<br />
distribution by the owner of the substance to a third person, this<br />
paragraph shall not relieve the distributor from compliance with<br />
subsection (a) of this section.<br />
(c) Preservation and availability<br />
(1) Every person who in pursuance of an order required under<br />
subsection (a) of this section distributes a controlled substance<br />
shall preserve such order for a period of two years, and shall<br />
make such order available for inspection and copying by officers<br />
and employees of the United States duly authorized for that<br />
purpose by the Attorney General, and by officers or employees of<br />
States or their political subdivisions who are charged with the<br />
enforcement of State or local laws regulating the production, or<br />
regulating the distribution or dispensing, of controlled<br />
substances and who are authorized under such laws to inspect<br />
such orders.<br />
(2) Every person who gives an order required under subsection<br />
(a) of this section shall, at or before the time of giving such<br />
order, make or cause to be made a duplicate thereof on a form<br />
to be issued by the Attorney General in blank in accordance with<br />
subsection (d) of this section and regulations prescribed by him<br />
pursuant to this section, and shall, if such order is accepted,<br />
preserve such duplicate for a period of two years and make it<br />
available for inspection and copying by the officers and<br />
employees mentioned in paragraph (1) of this subsection.<br />
(d) Issuance<br />
(1) The Attorney General shall issue forms pursuant to<br />
subsections (a) and (c)(2) of this section only to persons validly<br />
registered under section 823 of this title (or exempted from<br />
registration under section 822(d) of this title). Whenever any<br />
such form is issued to a person, the Attorney General shall,<br />
before delivery thereof, insert therein the name of such person,<br />
and it shall be unlawful for any other person (A) to use such<br />
form for the purpose of obtaining controlled substances or (B) to<br />
furnish such form to any person with intent thereby to procure<br />
the distribution of such substances.
(2) The Attorney General may charge reasonable fees for the<br />
issuance of such forms in such amounts as he may prescribe for<br />
the purpose of covering the cost to the United States of issuing<br />
such forms, and other necessary activities in connection<br />
therewith.<br />
(e) Unlawful acts<br />
It shall be unlawful for any person to obtain by means of order forms issued<br />
under this section controlled substances for any purpose other than their<br />
use, distribution, dispensing, or administration in the conduct of a lawful<br />
business in such substances or in the course of his professional practice or<br />
research.<br />
§ 829. Prescriptions.<br />
(a) Schedule II substances<br />
Except when dispensed directly by a practitioner, other than a pharmacist, to<br />
an ultimate user, no controlled substance in schedule II, which is a<br />
prescription drug as determined under the Federal Food, Drug, and Cosmetic<br />
<strong>Act</strong> (21 U.S.C. 301 et seq.), may be dispensed without the written<br />
prescription of a practitioner, except that in emergency situations, as<br />
prescribed by the Secretary by regulation after consultation with the<br />
Attorney General, such drug may be dispensed upon oral prescription in<br />
accordance with section 503(b) of that <strong>Act</strong> (21 U.S.C. 353(b)). Prescriptions<br />
shall be retained in conformity with the requirements of section 827 of this<br />
title. No prescription for a controlled substance in schedule II may be<br />
refilled.<br />
(b) Schedule III and IV substances<br />
Except when dispensed directly by a practitioner, other than a pharmacist, to<br />
an ultimate user, no controlled substance in schedule III or IV, which is a<br />
prescription drug as determined under the Federal Food, Drug, and Cosmetic<br />
<strong>Act</strong> (21 U.S.C. 301 et seq.), may be dispensed without a written or oral<br />
prescription in conformity with section 503(b) of that <strong>Act</strong> (21 U.S.C. 353(b)).<br />
Such prescriptions may not be filled or refilled more than six months after<br />
the date thereof or be refilled more than five times after the date of the<br />
prescription unless renewed by the practitioner.
(c) Schedule V substances<br />
No controlled substance in schedule V which is a drug may be distributed or<br />
dispensed other than for a medical purpose.<br />
(d) Non-prescription drugs with abuse potential<br />
Whenever it appears to the Attorney General that a drug not considered to<br />
be a prescription drug under the Federal Food, Drug, and Cosmetic <strong>Act</strong> (21<br />
U.S.C. 301 et seq.) should be so considered because of its abuse potential,<br />
he shall so advise the Secretary and furnish to him all available data<br />
relevant thereto.<br />
§ 830. Regulation of listed chemicals and certain machines.<br />
(a) Record of regulated transactions<br />
(1) Each regulated person who engages in a regulated<br />
transaction involving a listed chemical, a tableting machine, or<br />
an encapsulating machine shall keep a record of the transaction<br />
-<br />
(A) for 4 years after the date of the transaction, if the listed<br />
chemical is a list I chemical or if the transaction involves a<br />
tableting machine or an encapsulating machine; and<br />
(B) for 2 years after the date of the transaction, if the listed<br />
chemical is a list II chemical.<br />
(2) A record under this subsection shall be retrievable and shall<br />
include the date of the regulated transaction, the identity of each<br />
party to the regulated transaction, a statement of the quantity<br />
and form of the listed chemical, a description of the tableting<br />
machine or encapsulating machine, and a description of the<br />
method of transfer. Such record shall be available for inspection<br />
and copying by the Attorney General.<br />
(3) It is the duty of each regulated person who engages in a<br />
regulated transaction to identify each other party to the<br />
transaction. It is the duty of such other party to present proof of<br />
identity to the regulated person. The Attorney General shall<br />
specify by regulation the types of documents and other evidence<br />
that constitute proof of identity for purposes of this paragraph.<br />
(b) Reports to Attorney General
(1) Each regulated person shall report to the Attorney General,<br />
in such form and manner as the Attorney General shall prescribe<br />
by regulation -<br />
(A) any regulated transaction involving an extraordinary<br />
quantity of a listed chemical, an uncommon method of<br />
payment or delivery, or any other circumstance that the<br />
regulated person believes may indicate that the listed<br />
chemical will be used in violation of this subchapter;<br />
(B) any proposed regulated transaction with a person<br />
whose description or other identifying characteristic the<br />
Attorney General furnishes in advance to the regulated<br />
person;<br />
(C) any unusual or excessive loss or disappearance of a<br />
listed chemical under the control of the regulated person;<br />
and<br />
(D) any regulated transaction in a tableting machine or an<br />
encapsulating machine.<br />
Each report under subparagraph (A) shall be made at the earliest<br />
practicable opportunity after the regulated person becomes<br />
aware of the circumstance involved. A regulated person may not<br />
complete a transaction with a person whose description or<br />
identifying characteristic is furnished to the regulated person<br />
under subparagraph (B) unless the transaction is approved by<br />
the Attorney General. The Attorney General shall make available<br />
to regulated persons guidance documents describing transactions<br />
and circumstances for which reports are required under<br />
subparagraph (A) and subparagraph (C).<br />
(2) A regulated person that manufactures a listed chemical shall<br />
report annually to the Attorney General, in such form and<br />
manner and containing such specific data as the Attorney<br />
General shall prescribe by regulation, information concerning<br />
listed chemicals manufactured by the person. The requirement of<br />
the preceding sentence shall not apply to the manufacture of a<br />
drug product that is exempted under section 802(39)(A)(iv) of<br />
this title.<br />
(c) Confidentiality of information obtained by Attorney<br />
General; non-disclosure; exceptions<br />
(1) Except as provided in paragraph (2), any information
obtained by the Attorney General under this section which is<br />
exempt from disclosure under section 552(a) of title 5, by reason<br />
of section 552(b)(4) of such title, is confidential and may not be<br />
disclosed to any person.<br />
(2) Information referred to in paragraph (1) may be disclosed<br />
only -<br />
(A) to an officer or employee of the United States engaged<br />
in carrying out this subchapter, subchapter II of this<br />
chapter, or the customs laws;<br />
(B) when relevant in any investigation or proceeding for the<br />
enforcement of this subchapter, subchapter II of this<br />
chapter, or the customs laws;<br />
(C) when necessary to comply with an obligation of the<br />
United States under a treaty or other international<br />
agreement; or<br />
(D) to a State or local official or employee in conjunction<br />
with the enforcement of controlled substances laws or<br />
chemical control laws.<br />
(3) The Attorney General shall -<br />
(A) take such action as may be necessary to prevent<br />
unauthorized disclosure of information by any person to<br />
whom such information is disclosed under paragraph (2);<br />
and<br />
(B) issue guidelines that limit, to the maximum extent<br />
feasible, the disclosure of proprietary business information,<br />
including the names or identities of United States exporters<br />
of listed chemicals, to any person to whom such information<br />
is disclosed under paragraph (2).<br />
(4) Any person who is aggrieved by a disclosure of information in<br />
violation of this section may bring a civil action against the<br />
violator for appropriate relief.<br />
(5) Notwithstanding paragraph (4), a civil action may not be<br />
brought under such paragraph against investigative or law<br />
enforcement personnel of the Drug Enforcement Administration.<br />
Return to top<br />
PART D - OFFENSES AND PENALTIES
§ 841. Prohibited acts A.<br />
(a) Unlawful acts<br />
Except as authorized by this subchapter, it shall be unlawful for any person<br />
knowingly or intentionally -<br />
(1) to manufacture, distribute, or dispense, or possess with intent to<br />
manufacture, distribute, or dispense, a controlled substance; or<br />
(2) to create, distribute, or dispense, or possess with intent to<br />
distribute or dispense, a counterfeit substance.<br />
(b) Penalties<br />
Except as otherwise provided in section 849, 859, 860, or 861 of this title,<br />
any person who violates subsection (a) of this section shall be sentenced as<br />
follows:<br />
(1)<br />
(A) In the case of a violation of subsection (a) of this section<br />
involving -<br />
(i) 1 kilogram or more of a mixture or substance containing<br />
a detectable amount of heroin;<br />
(ii) 5 kilograms or more of a mixture or substance<br />
containing a detectable amount of -<br />
(I) coca leaves, except coca leaves and extracts of<br />
coca leaves from which cocaine, ecgonine, and<br />
derivatives of ecgonine or their salts have been<br />
removed;<br />
(II) cocaine, its salts, optical and geometric isomers,<br />
and salts of isomers;<br />
(III) ecgonine, its derivatives, their salts, isomers, and<br />
salts of isomers; or<br />
(IV) any compound, mixture, or preparation which<br />
contains any quantity of any of the substances referred<br />
to in subclauses (I) through (III);<br />
(iii) 50 grams or more of a mixture or substance described<br />
in clause (ii) which contains cocaine base;<br />
(iv) 100 grams or more of phencyclidine (PCP) or 1
kilogram or more of a mixture or substance containing a<br />
detectable amount of phencyclidine (PCP);<br />
(v) 10 grams or more of a mixture or substance containing<br />
a detectable amount of lysergic acid diethylamide (LSD);<br />
(vi) 400 grams or more of a mixture or substance<br />
containing a detectable amount of N-phenyl-N- ( 1- ( 2-<br />
phenylethyl ) -4-piperidinyl ) propanamide or 100 grams or<br />
more of a mixture or substance containing a detectable<br />
amount of any analogue of N-pheny propanamide;<br />
(vii) 1000 kilograms or more of a mixture or substance<br />
containing a detectable amount of marihuana, or 1,000 or<br />
more marihuana plants regardless of weight; or<br />
(viii) 100 grams or more of methamphetamine, its salts,<br />
isomers, and salts of its isomers or 1 kilogram or more of a<br />
mixture or substance containing a detectable amount of<br />
methamphetamine, its salts, isomers, or salts of its<br />
isomers;<br />
such person shall be sentenced to a term of imprisonment which<br />
may not be less than 10 years or more than life and if death or<br />
serious bodily injury results from the use of such substance shall<br />
be not less than 20 years or more than life, a fine not to exceed<br />
the greater of that authorized in accordance with the provisions<br />
of title 18 or $4,000,000 if the defendant is an individual or<br />
$10,000,000 if the defendant is other than an individual, or both.<br />
If any person commits such a violation after a prior conviction for<br />
a felony drug offense has become final, such person shall be<br />
sentenced to a term of imprisonment which may not be less than<br />
20 years and not more than life imprisonment and if death or<br />
serious bodily injury results from the use of such substance shall<br />
be sentenced to life imprisonment, a fine not to exceed the<br />
greater of twice that authorized in accordance with the<br />
provisions of title 18 or $8,000,000 if the defendant is an<br />
individual or $20,000,000 if the defendant is other than an<br />
individual, or both. If any person commits a violation of this<br />
subparagraph or of section 849, 859, 860, or 861 of this title<br />
after two or more prior convictions for a felony drug offense have<br />
become final, such person shall be sentenced to a mandatory<br />
term of life imprisonment without release and fined in<br />
accordance with the preceding sentence. Any sentence under<br />
this subparagraph shall, in the absence of such a prior
conviction, impose a term of supervised release of at least 5<br />
years in addition to such term of imprisonment and shall, if there<br />
was such a prior conviction, impose a term of supervised release<br />
of at least 10 years in addition to such term of imprisonment.<br />
Notwithstanding any other provision of law, the court shall not<br />
place on probation or suspend the sentence of any person<br />
sentenced under this subparagraph. No person sentenced under<br />
this subparagraph shall be eligible for parole during the term of<br />
imprisonment imposed therein.<br />
(B) In the case of a violation of subsection (a) of this section<br />
involving -<br />
(i) 100 grams or more of a mixture or substance containing<br />
a detectable amount of heroin;<br />
(ii) 500 grams or more of a mixture or substance containing<br />
a detectable amount of -<br />
(I) coca leaves, except coca leaves and extracts of<br />
coca leaves from which cocaine, ecgonine, and<br />
derivatives of ecgonine or their salts have been<br />
removed;<br />
(II) cocaine, its salts, optical and geometric isomers,<br />
and salts of isomers;<br />
(III) ecgonine, its derivatives, their salts, isomers, and<br />
salts of isomers; or<br />
(IV) any compound, mixture, or preparation which<br />
contains any quantity of any of the substances referred<br />
to in subclauses (I) through (III);<br />
(iii) 5 grams or more of a mixture or substance described in<br />
clause (ii) which contains cocaine base;<br />
(iv) 10 grams or more of phencyclidine (PCP) or 100 grams<br />
or more of a mixture or substance containing a detectable<br />
amount of phencyclidine (PCP);<br />
(v) 1 gram or more of a mixture or substance containing a<br />
detectable amount of lysergic acid diethylamide (LSD);<br />
(vi) 40 grams or more of a mixture or substance containing<br />
a detectable amount of N-phenyl-N- ( 1- ( 2-phenylethyl )<br />
-4-piperidinyl ) propanamide or 10 grams or more of a<br />
mixture or substance containing a detectable amount of any<br />
analogue of N-pheny propanamide;<br />
(vii) 100 kilograms or more of a mixture or substance<br />
containing a detectable amount of marihuana, or 100 or
more marihuana plants regardless of weight; or<br />
(viii) 10 grams or more of methamphetamine, its salts,<br />
isomers, and salts of its isomers or 100 grams or more of a<br />
mixture or substance containing a detectable amount of<br />
methamphetamine, its salts, isomers, or salts of its<br />
isomers;<br />
such person shall be sentenced to a term of imprisonment which<br />
may not be less than 5 years and not more than 40 years and if<br />
death or serious bodily injury results from the use of such<br />
substance shall be not less than 20 years or more than life, a<br />
fine not to exceed the greater of that authorized in accordance<br />
with the provisions of title 18 or $2,000,000 if the defendant is<br />
an individual or $5,000,000 if the defendant is other than an<br />
individual, or both. If any person commits such a violation after a<br />
prior conviction for a felony drug offense has become final, such<br />
person shall be sentenced to a term of imprisonment which may<br />
not be less than 10 years and not more than life imprisonment<br />
and if death or serious bodily injury results from the use of such<br />
substance shall be sentenced to life imprisonment, a fine not to<br />
exceed the greater of twice that authorized in accordance with<br />
the provisions of title 18 or $4,000,000 if the defendant is an<br />
individual or $10,000,000 if the defendant is other than an<br />
individual, or both. Any sentence imposed under this<br />
subparagraph shall, in the absence of such a prior conviction,<br />
include a term of supervised release of at least 4 years in<br />
addition to such term of imprisonment and shall, if there was<br />
such a prior conviction, include a term of supervised release of at<br />
least 8 years in addition to such term of imprisonment.<br />
Notwithstanding any other provision of law, the court shall not<br />
place on probation or suspend the sentence of any person<br />
sentenced under this subparagraph. No person sentenced under<br />
this subparagraph shall be eligible for parole during the term of<br />
imprisonment imposed therein.<br />
(C) In the case of a controlled substance in schedule I or II
except as provided in subparagraphs (A), (B), and (D), such<br />
person shall be sentenced to a term of imprisonment of not more<br />
than 20 years and if death or serious bodily injury results from<br />
the use of such substance shall be sentenced to a term of<br />
imprisonment of not less than twenty years or more than life, a<br />
fine not to exceed the greater of that authorized in accordance<br />
with the provisions of title 18 or $1,000,000 if the defendant is<br />
an individual or $5,000,000 if the defendant is other than an<br />
individual, or both. If any person commits such a violation after a<br />
prior conviction for a felony drug offense has become final, such<br />
person shall be sentenced to a term of imprisonment of not more<br />
than 30 years and if death or serious bodily injury results from<br />
the use of such substance shall be sentenced to life<br />
imprisonment, a fine not to exceed the greater of twice that<br />
authorized in accordance with the provisions of title 18 or<br />
$2,000,000 if the defendant is an individual or $10,000,000 if<br />
the defendant is other than an individual, or both. Any sentence<br />
imposing a term of imprisonment under this paragraph shall, in<br />
the absence of such a prior conviction, impose a term of<br />
supervised release of at least 3 years in addition to such term of<br />
imprisonment and shall, if there was such a prior conviction,<br />
impose a term of supervised release of at least 6 years in<br />
addition to such term of imprisonment. Notwithstanding any<br />
other provision of law, the court shall not place on probation or<br />
suspend the sentence of any person sentenced under the<br />
provisions of this subparagraph which provide for a mandatory<br />
term of imprisonment if death or serious bodily injury results,<br />
nor shall a person so sentenced be eligible for parole during the<br />
term of such a sentence.<br />
(D) In the case of less than 50 kilograms of marihuana, except<br />
in the case of 50 or more marihuana plants regardless of weight,<br />
10 kilograms of hashish, or one kilogram of hashish oil or in the<br />
case of any controlled substance in schedule III, such person<br />
shall, except as provided in paragraphs (4) and (5) of this<br />
subsection, be sentenced to a term of imprisonment of not more<br />
than 5 years, a fine not to exceed the greater of that authorized<br />
in accordance with the provisions of title 18 or $250,000 if the<br />
defendant is an individual or $1,000,000 if the defendant is other<br />
than an individual, or both. If any person commits such a<br />
violation after a prior conviction for a felony drug offense has<br />
become final, such person shall be sentenced to a term of
imprisonment of not more than 10 years, a fine not to exceed<br />
the greater of twice that authorized in accordance with the<br />
provisions of title 18 or $500,000 if the defendant is an<br />
individual or $2,000,000 if the defendant is other than an<br />
individual, or both. Any sentence imposing a term of<br />
imprisonment under this paragraph shall, in the absence of such<br />
a prior conviction, impose a term of supervised release of at<br />
least 2 years in addition to such term of imprisonment and shall,<br />
if there was such a prior conviction, impose a term of supervised<br />
release of at least 4 years in addition to such term of<br />
imprisonment.<br />
(2) In the case of a controlled substance in schedule IV, such person<br />
shall be sentenced to a term of imprisonment of not more than 3<br />
years, a fine not to exceed the greater of that authorized in<br />
accordance with the provisions of title 18 or $250,000 if the defendant<br />
is an individual or $1,000,000 if the defendant is other than an<br />
individual, or both. If any person commits such a violation after one or<br />
more prior convictions of him for an offense punishable under this<br />
paragraph, or for a felony under any other provision of this subchapter<br />
or subchapter II of this chapter or other law of a State, the United<br />
States, or a foreign country relating to narcotic drugs, marihuana, or<br />
depressant or stimulant substances, have become final, such person<br />
shall be sentenced to a term of imprisonment of not more than 6<br />
years, a fine not to exceed the greater of twice that authorized in<br />
accordance with the provisions of title 18 or $500,000 if the defendant<br />
is an individual or $2,000,000 if the defendant is other than an<br />
individual, or both. Any sentence imposing a term of imprisonment<br />
under this paragraph shall, in the absence of such a prior conviction,<br />
impose a term of supervised release of at least one year in addition to<br />
such term of imprisonment and shall, if there was such a prior<br />
conviction, impose a term of supervised release of at least 2 years in<br />
addition to such term of imprisonment.<br />
(3) In the case of a controlled substance in schedule V, such person<br />
shall be sentenced to a term of imprisonment of not more than one<br />
year, a fine not to exceed the greater of that authorized in accordance<br />
with the provisions of title 18 or $100,000 if the defendant is an<br />
individual or $250,000 if the defendant is other than an individual, or<br />
both. If any person commits such a violation after one or more<br />
convictions of him for an offense punishable under this paragraph, or<br />
for a crime under any other provision of this subchapter or subchapter<br />
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<br />
stimulant substances, have become final, such person shall be<br />
sentenced to a term of imprisonment of not more than 2 years, a fine<br />
not to exceed the greater of twice that authorized in accordance with<br />
the provisions of title 18 or $200,000 if the defendant is an individual<br />
or $500,000 if the defendant is other than an individual, or both.<br />
(4) Notwithstanding paragraph (1)(D) of this subsection, any person<br />
who violates subsection (a) of this section by distributing a small<br />
amount of marihuana for no remuneration shall be treated as provided<br />
in section 844 of this title and section 3607 of title 18.<br />
(5) Any person who violates subsection (a) of this section by<br />
cultivating a controlled substance on Federal property shall be<br />
imprisoned as provided in this subsection and shall be fined any<br />
amount not to exceed -<br />
(A) the amount authorized in accordance with this section;<br />
(B) the amount authorized in accordance with the provisions of<br />
title 18;<br />
(C) $500,000 if the defendant is an individual; or<br />
(D) $1,000,000 if the defendant is other than an individual; or<br />
both.<br />
(6) Any person who violates subsection (a) of this section, or attempts<br />
to do so, and knowingly or intentionally uses a poison, chemical, or<br />
other hazardous substance on Federal land, and, by such use -<br />
(A) creates a serious hazard to humans, wildlife, or domestic<br />
animals,<br />
(B) degrades or harms the environment or natural resources, or<br />
(C) pollutes an aquifer, spring, stream, river, or body of water,<br />
shall be fined in accordance with title 18 or imprisoned not more<br />
than five years, or both.<br />
(c) Repealed. Pub. L. 98-473, title II, Sec. 224(a)(2), formerly<br />
Sec. 224(a)(6), Oct. 12, 1984, 98 Stat. 2030, as renumbered by<br />
Pub. L. 99-570, title I, Sec. 1005(a)(2), Oct. 27, 1986, 100<br />
Stat. 3207-6<br />
(d) Offenses involving listed chemicals<br />
Any person who knowingly or intentionally -<br />
(1) possesses a listed chemical with intent to manufacture a controlled<br />
substance except as authorized by this subchapter;
(2) possesses or distributes a listed chemical knowing, or having<br />
reasonable cause to believe, that the listed chemical will be used to<br />
manufacture a controlled substance except as authorized by this<br />
subchapter; or<br />
(3) with the intent of causing the evasion of the recordkeeping or<br />
reporting requirements of section 830 of this title, or the regulations<br />
issued under that section, receives or distributes a reportable amount<br />
of any listed chemical in units small enough so that the making of<br />
records or filing of reports under that section is not required; shall be<br />
fined in accordance with title 18 or imprisoned not more than 10<br />
years, or both.<br />
(e) Boobytraps on Federal property; penalties; ''boobytrap''<br />
defined<br />
(1) Any person who assembles, maintains, places, or causes to<br />
be placed a boobytrap on Federal property where a controlled<br />
substance is being manufactured, distributed, or dispensed shall<br />
be sentenced to a term of imprisonment for not more than 10<br />
years and shall be fined not more than $10,000.<br />
(2) If any person commits such a violation after 1 or more prior<br />
convictions for an offense punishable under this subsection, such<br />
person shall be sentenced to a term of imprisonment of not more<br />
than 20 years and shall be fined not more than $20,000.<br />
(3) For the purposes of this subsection, the term ''boobytrap''<br />
means any concealed or camouflaged device designed to cause<br />
bodily injury when triggered by any action of any unsuspecting<br />
person making contact with the device. Such term includes guns,<br />
ammunition, or explosive devices attached to trip wires or other<br />
triggering mechanisms, sharpened stakes, and lines or wires<br />
with hooks attached.<br />
(f) Ten-year injunction as additional penalty<br />
In addition to any other applicable penalty, any person convicted of a felony<br />
violation of this section relating to the receipt, distribution, or importation of<br />
a listed chemical may be enjoined from engaging in any regulated<br />
transaction involving a listed chemical for not more than ten years.<br />
(g) Wrongful distribution or possession of listed chemicals<br />
(1) Whoever knowingly distributes a listed chemical in violation<br />
of this subchapter (other than in violation of a recordkeeping or
eporting requirement of section 830 of this title) shall be fined<br />
under title 18 or imprisoned not more than 5 years, or both.<br />
(2) Whoever possesses any listed chemical, with knowledge that<br />
the recordkeeping or reporting requirements of section 830 of<br />
this title have not been adhered to, if, after such knowledge is<br />
acquired, such person does not take immediate steps to remedy<br />
the violation shall be fined under title 18 or imprisoned not more<br />
than one year, or both.<br />
§ 842. Prohibited acts B.<br />
(a) Unlawful acts<br />
It shall be unlawful for any person -<br />
(1) who is subject to the requirements of part C to distribute or<br />
dispense a controlled substance in violation of section 829 of this title;<br />
(2) who is a registrant to distribute or dispense a controlled substance<br />
not authorized by his registration to another registrant or other<br />
authorized person or to manufacture a controlled substance not<br />
authorized by his registration;<br />
(3) who is a registrant to distribute a controlled substance in violation<br />
of section 825 of this title;<br />
(4) to remove, alter, or obliterate a symbol or label required by section<br />
825 of this title;<br />
(5) to refuse or fail to make, keep, or furnish any record, report,<br />
notification, declaration, order or order form, statement, invoice, or<br />
information required under this subchapter or subchapter II of this<br />
chapter;<br />
(6) to refuse any entry into any premises or inspection authorized by<br />
this subchapter or subchapter II of this chapter;<br />
(7) to remove, break, injure, or deface a seal placed upon controlled<br />
substances pursuant to section 824(f) or 881 of this title or to remove<br />
or dispose of substances so placed under seal;<br />
(8) to use, to his own advantage, or to reveal, other than to duly<br />
authorized officers or employees of the United States, or to the courts<br />
when relevant in any judicial proceeding under this subchapter or<br />
subchapter II of this chapter, any information acquired in the course<br />
of an inspection authorized by this subchapter concerning any method<br />
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<br />
830 of this title) any information that is confidential under such<br />
section;<br />
(9) who is a regulated person to engage in a regulated transaction<br />
without obtaining the identification required by 830(a)(3) of this title;<br />
or<br />
(10) to fail to keep a record or make a report under section 830 of this<br />
title.<br />
(b) Manufacture<br />
It shall be unlawful for any person who is a registrant to manufacture a<br />
controlled substance in schedule I or II which is -<br />
(1) not expressly authorized by his registration and by a quota<br />
assigned to him pursuant to section 826 of this title; or<br />
(2) in excess of a quota assigned to him pursuant to section 826 of<br />
this title.<br />
(c) Penalties<br />
(1) Except as provided in paragraph (2), any person who violates<br />
this section shall, with respect to any such violation, be subject<br />
to a civil penalty of not more than $25,000. The district courts of<br />
the United States (or, where there is no such court in the case of<br />
any territory or possession of the United States, then the court in<br />
such territory or possession having the jurisdiction of a district<br />
court of the United States in cases arising under the Constitution<br />
and laws of the United States) shall have jurisdiction in<br />
accordance with section 1355 of title 28 to enforce this<br />
paragraph.<br />
(2)<br />
(A) If a violation of this section is prosecuted by an<br />
information or indictment which alleges that the violation<br />
was committed knowingly and the trier of fact specifically<br />
finds that the violation was so committed, such person<br />
shall, except as otherwise provided in subparagraph (B) of<br />
this paragraph, be sentenced to imprisonment of not more<br />
than one year or a fine of not more than $25,000, or both.<br />
(B) If a violation referred to in subparagraph (A) was<br />
committed after one or more prior convictions of the<br />
offender for an offense punishable under this paragraph (2),
or for a crime under any other provision of this subchapter<br />
or subchapter II of this chapter or other law of the United<br />
States relating to narcotic drugs, marihuana, or depressant<br />
or stimulant substances, have become final, such person<br />
shall be sentenced to a term of imprisonment of not more<br />
than 2 years, a fine of $50,000, or both.<br />
(3) Except under the conditions specified in paragraph (2) of this<br />
subsection, a violation of this section does not constitute a crime,<br />
and a judgment for the United States and imposition of a civil<br />
penalty pursuant to paragraph (1) shall not give rise to any<br />
disability or legal disadvantage based on conviction for a criminal<br />
offense.<br />
§ 843. Prohibited acts C.<br />
(a) Unlawful acts<br />
It shall be unlawful for any person knowingly or intentionally -<br />
(1) who is a registrant to distribute a controlled substance classified in<br />
schedule I or II, in the course of his legitimate business, except<br />
pursuant to an order or an order form as required by section 828 of<br />
this title;<br />
(2) to use in the course of the manufacture, distribution, or dispensing<br />
of a controlled substance, or to use for the purpose of acquiring or<br />
obtaining a controlled substance, a registration number which is<br />
fictitious, revoked, suspended, expired, or issued to another person;<br />
(3) to acquire or obtain possession of a controlled substance by<br />
misrepresentation, fraud, f<strong>org</strong>ery, deception, or subterfuge;<br />
(4)<br />
(A) to furnish false or fraudulent material information in, or omit<br />
any material information from, any application, report, record, or<br />
other document required to be made, kept, or filed under this<br />
subchapter or subchapter II of this chapter, or<br />
(B) to present false or fraudulent identification where the person<br />
is receiving or purchasing a listed chemical and the person is<br />
required to present identification under section 830(a) of this<br />
title;<br />
(5) to make, distribute, or possess any punch, die, plate, stone, or<br />
other thing designed to print, imprint, or reproduce the trademark,
trade name, or other identifying mark, imprint, or device of another or<br />
any likeness of any of the foregoing upon any drug or container or<br />
labeling thereof so as to render such drug a counterfeit substance;<br />
(6) to possess any three-neck round-bottom flask, tableting machine,<br />
encapsulating machine, or gelatin capsule, or any equipment,<br />
chemical, product, or material which may be used to manufacture a<br />
controlled substance or listed chemical, knowing, intending, or having<br />
reasonable cause to believe, that it will be used to manufacture a<br />
controlled substance or listed chemical in violation of this subchapter<br />
or subchapter II of this chapter;<br />
(7) to manufacture, distribute, export, or import any three-neck<br />
round-bottom flask, tableting machine, encapsulating machine, or<br />
gelatin capsule, or any equipment, chemical, product, or material<br />
which may be used to manufacture a controlled substance or listed<br />
chemical, knowing, intending, or having reasonable cause to believe,<br />
that it will be used to manufacture a controlled substance or listed<br />
chemical in violation of this subchapter or subchapter II of this chapter<br />
or, in the case of an exportation, in violation of this subchapter or<br />
subchapter II of this chapter or of the laws of the country to which it<br />
is exported;<br />
(8) to create a chemical mixture for the purpose of evading a<br />
requirement of section 830 of this title or to receive a chemical<br />
mixture created for that purpose; or<br />
(9) to distribute, import, or export a list I chemical without the<br />
registration required by this subchapter or subchapter II of this<br />
chapter.<br />
(b) Communication facility<br />
It shall be unlawful for any person knowingly or intentionally to use any<br />
communication facility in committing or in causing or facilitating the<br />
commission of any act or acts constituting a felony under any provision of<br />
this subchapter or subchapter II of this chapter. Each separate use of a<br />
communication facility shall be a separate offense under this subsection. For<br />
purposes of this subsection, the term ''communication facility'' means any<br />
and all public and private instrumentalities used or useful in the transmission<br />
of writing, signs, signals, pictures, or sounds of all kinds and includes mail,<br />
telephone, wire, radio, and all other means of communication.<br />
(c) Advertisement
It shall be unlawful for any person to place in any newspaper, magazine,<br />
handbill, or other publications, any written advertisement knowing that it<br />
has the purpose of seeking or offering illegally to receive, buy, or distribute<br />
a Schedule (FOOTNOTE 1) I controlled substance. As used in this section the<br />
term ''advertisement'' includes, in addition to its ordinary meaning, such<br />
advertisements as those for a catalog of Schedule (FOOTNOTE 1) I<br />
controlled substances and any similar written advertisement that has the<br />
purpose of seeking or offering illegally to receive, buy, or distribute a<br />
Schedule (FOOTNOTE 1) I controlled substance. The term ''advertisement''<br />
does not include material which merely advocates the use of a similar<br />
material, which advocates a position or practice, and does not attempt to<br />
propose or facilitate an actual transaction in a Schedule (FOOTNOTE 1) I<br />
controlled substance. (FOOTNOTE 1) So in original. Probably should not be<br />
capitalized.<br />
(d) Penalties<br />
Any person who violates this section shall be sentenced to a term of<br />
imprisonment of not more than 4 years, a fine of not more than $30,000, or<br />
both; except that if any person commits such a violation after one or more<br />
prior convictions of him for violation of this section, or for a felony under any<br />
other provision of this subchapter or subchapter II of this chapter or other<br />
law of the United States relating to narcotic drugs, marihuana, or depressant<br />
or stimulant substances, have become final, such person shall be sentenced<br />
to a term of imprisonment of not more than 8 years, a fine of not more than<br />
$60,000, or both.<br />
(e) Additional penalties<br />
In addition to any other applicable penalty, any person convicted of a felony<br />
violation of this section relating to the receipt, distribution, or importation of<br />
a listed chemical may be enjoined from engaging in any regulated<br />
transaction involving a listed chemical for not more than ten years.<br />
§ 844. Penalties for simple possession.<br />
(a) Unlawful acts; penalties<br />
It shall be unlawful for any person knowingly or intentionally to possess a<br />
controlled substance unless such substance was obtained directly, or<br />
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<br />
this subchapter or subchapter II of this chapter. Any person who violates<br />
this subsection may be sentenced to a term of imprisonment of not more<br />
than 1 year, and shall be fined a minimum of $1,000, or both, except that if<br />
he commits such offense after a prior conviction under this subchapter or<br />
subchapter II of this chapter, or a prior conviction for any drug or narcotic<br />
offense chargeable under the law of any State, has become final, he shall be<br />
sentenced to a term of imprisonment for not less than 15 days but not more<br />
than 2 years, and shall be fined a minimum of $2,500, except, further, that<br />
if he commits such offense after two or more prior convictions under this<br />
subchapter or subchapter II of this chapter, or two or more prior convictions<br />
for any drug or narcotic offense chargeable under the law of any State, or a<br />
combination of two or more such offenses have become final, he shall be<br />
sentenced to a term of imprisonment for not less than 90 days but not more<br />
than 3 years, and shall be fined a minimum of $5,000. Notwithstanding the<br />
preceding sentence, a person convicted under this subsection for the<br />
possession of a mixture or substance which contains cocaine base shall be<br />
imprisoned not less than 5 years and not more than 20 years, and fined a<br />
minimum of $1,000, if the conviction is a first conviction under this<br />
subsection and the amount of the mixture or substance exceeds 5 grams, if<br />
the conviction is after a prior conviction for the possession of such a mixture<br />
or substance under this subsection becomes final and the amount of the<br />
mixture or substance exceeds 3 grams, or if the conviction is after 2 or more<br />
prior convictions for the possession of such a mixture or substance under<br />
this subsection become final and the amount of the mixture or substance<br />
exceeds 1 gram. The imposition or execution of a minimum sentence<br />
required to be imposed under this subsection shall not be suspended or<br />
deferred. Further, upon conviction, a person who violates this subsection<br />
shall be fined the reasonable costs of the investigation and prosecution of<br />
the offense, including the costs of prosecution of an offense as defined in<br />
sections 1918 and 1920 of title 28, except that this sentence shall not apply<br />
and a fine under this section need not be imposed if the court determines<br />
under the provision of title 18 that the defendant lacks the ability to pay.<br />
(b) Repealed. Pub. L. 98-473, title II, Sec. 219(a), Oct. 12,<br />
1984, 98 Stat. 2027<br />
(c) ''Drug or narcotic offense'' defined<br />
As used in this section, the term ''drug or narcotic offense'' means any<br />
offense which proscribes the possession, distribution, manufacture,
cultivation, sale, transfer, or the attempt or conspiracy to possess,<br />
distribute, manufacture, cultivate, sell or transfer any substance the<br />
possession of which is prohibited under this subchapter.<br />
§ 844a. Civil penalty for possession of small amounts of certain<br />
controlled substances.<br />
(a) In general<br />
Any individual who knowingly possesses a controlled substance that is listed<br />
in section 841(b)(1)(A) of this title in violation of section 844 of this title in<br />
an amount that, as specified by regulation of the Attorney General, is a<br />
personal use amount shall be liable to the United States for a civil penalty in<br />
an amount not to exceed $10,000 for each such violation.<br />
(b) Income and net assets<br />
The income and net assets of an individual shall not be relevant to the<br />
determination whether to assess a civil penalty under this section or to<br />
prosecute the individual criminally. However, in determining the amount of a<br />
penalty under this section, the income and net assets of an individual shall<br />
be considered.<br />
(c) Prior conviction<br />
A civil penalty may not be assessed under this section if the individual<br />
previously was convicted of a Federal or State offense relating to a<br />
controlled substance.<br />
(d) Limitation on number of assessments<br />
A civil penalty may not be assessed on an individual under this section on<br />
more than two separate occasions.<br />
(e) Assessment<br />
A civil penalty under this section may be assessed by the Attorney General<br />
only by an order made on the record after opportunity for a hearing in<br />
accordance with section 554 of title 5. The Attorney General shall provide<br />
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<br />
respect to the proposed order. The hearing may be held only if the individual<br />
makes a request for the hearing before the expiration of the 30-day period<br />
beginning on the date such notice is issued.<br />
(f) Compromise<br />
The Attorney General may compromise, modify, or remit, with or without<br />
conditions, any civil penalty imposed under this section.<br />
(g) Judicial review<br />
If the Attorney General issues an order pursuant to subsection (e) of this<br />
section after a hearing described in such subsection, the individual who is<br />
the subject of the order may, before the expiration of the 30-day period<br />
beginning on the date the order is issued, bring a civil action in the<br />
appropriate district court of the United States. In such action, the law and<br />
the facts of the violation and the assessment of the civil penalty shall be<br />
determined de novo, and shall include the right of a trial by jury, the right to<br />
counsel, and the right to confront witnesses. The facts of the violation shall<br />
be proved beyond a reasonable doubt.<br />
(h) Civil action<br />
If an individual does not request a hearing pursuant to subsection (e) of this<br />
section and the Attorney General issues an order pursuant to such<br />
subsection, or if an individual does not under subsection (g) of this section<br />
seek judicial review of such an order, the Attorney General may commence a<br />
civil action in any appropriate district court of the United States for the<br />
purpose of recovering the amount assessed and an amount representing<br />
interest at a rate computed in accordance with section 1961 of title 28. Such<br />
interest shall accrue from the expiration of the 30-day period described in<br />
subsection (g) of this section. In such an action, the decision of the Attorney<br />
General to issue the order, and the amount of the penalty assessed by the<br />
Attorney General, shall not be subject to review.<br />
(i) Limitation<br />
The Attorney General may not under this subsection (FOOTNOTE 1)<br />
commence proceeding against an individual after the expiration of the 5-
year period beginning on the date on which the individual allegedly violated<br />
subsection (a) of this section. (FOOTNOTE 1) So in original. Probably should<br />
be ''section''.<br />
(j) Expungement procedures<br />
The Attorney General shall dismiss the proceedings under this section<br />
against an individual upon application of such individual at any time after the<br />
expiration of 3 years if -<br />
(1) the individual has not previously been assessed a civil penalty<br />
under this section;<br />
(2) the individual has paid the assessment;<br />
(3) the individual has complied with any conditions imposed by the<br />
Attorney General;<br />
(4) the individual has not been convicted of a Federal or State offense<br />
relating to a controlled substance; and<br />
(5) the individual agrees to submit to a drug test, and such test shows<br />
the individual to be drug free.<br />
A nonpublic record of a disposition under this subsection shall be retained by<br />
the Department of Justice solely for the purpose of determining in any<br />
subsequent proceeding whether the person qualified for a civil penalty or<br />
expungement under this section. If a record is expunged under this<br />
subsection, an individual concerning whom such an expungement has been<br />
made shall not be held thereafter under any provision of law to be guilty of<br />
perjury, false swearing, or making a false statement by reason of his failure<br />
to recite or acknowledge a proceeding under this section or the results<br />
thereof in response to an inquiry made of him for any purpose.<br />
§ 845 to 845b. Transferred.<br />
§ 846. Attempt and conspiracy.<br />
Any person who attempts or conspires to commit any offense defined in this<br />
subchapter shall be subject to the same penalties as those prescribed for the<br />
offense, the commission of which was the object of the attempt or<br />
conspiracy.<br />
§ 847. Additional penalties.<br />
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<br />
by law.<br />
§ 848. Continuing criminal enterprise.<br />
(a) Penalties; forfeitures<br />
Any person who engages in a continuing criminal enterprise shall be<br />
sentenced to a term of imprisonment which may not be less than 20 years<br />
and which may be up to life imprisonment, to a fine not to exceed the<br />
greater of that authorized in accordance with the provisions of title 18 or<br />
$2,000,000 if the defendant is an individual or $5,000,000 if the defendant<br />
is other than an individual, and to the forfeiture prescribed in section 853 of<br />
this title; except that if any person engages in such activity after one or<br />
more prior convictions of him under this section have become final, he shall<br />
be sentenced to a term of imprisonment which may not be less than 30<br />
years and which may be up to life imprisonment, to a fine not to exceed the<br />
greater of twice the amount authorized in accordance with the provisions of<br />
title 18 or $4,000,000 if the defendant is an individual or $10,000,000 if the<br />
defendant is other than an individual, and to the forfeiture prescribed in<br />
section 853 of this title.<br />
(b) Life imprisonment for engaging in continuing criminal<br />
enterprise<br />
Any person who engages in a continuing criminal enterprise shall be<br />
imprisoned for life and fined in accordance with subsection (a) of this<br />
section, if -<br />
(1) such person is the principal administrator, <strong>org</strong>anizer, or leader of<br />
the enterprise or is one of several such principal administrators,<br />
<strong>org</strong>anizers, or leaders; and<br />
(2)<br />
(A) the violation referred to in subsection (c)(1) of this section<br />
involved at least 300 times the quantity of a substance described<br />
in subsection 841(b)(1)(B) of this title, or<br />
(B) the enterprise, or any other enterprise in which the<br />
defendant was the principal or one of several principal<br />
administrators, <strong>org</strong>anizers, or leaders, received $10 million<br />
dollars in gross receipts during any twelve-month period of its
existence for the manufacture, importation, or distribution of a<br />
substance described in section 841(b)(1)(B) of this title.<br />
(c) ''Continuing criminal enterprise'' defined<br />
For purposes of subsection (a) of this section, a person is engaged in a<br />
continuing criminal enterprise if -<br />
(1) he violates any provision of this subchapter or subchapter II of this<br />
chapter the punishment for which is a felony, and<br />
(2) such violation is a part of a continuing series of violations of this<br />
subchapter or subchapter II of this chapter -<br />
(A) which are undertaken by such person in concert with five or<br />
more other persons with respect to whom such person occupies<br />
a position of <strong>org</strong>anizer, a supervisory position, or any other<br />
position of management, and<br />
(B) from which such person obtains substantial income or<br />
resources.<br />
(d) Suspension of sentence and probation prohibited<br />
In the case of any sentence imposed under this section, imposition or<br />
execution of such sentence shall not be suspended, probation shall not be<br />
granted, and the <strong>Act</strong> of July 15, 1932 (D.C. Code, secs. 24-203 - 24-207),<br />
shall not apply.<br />
(e) Death penalty<br />
(1) In addition to the other penalties set forth in this section -<br />
(A) any person engaging in or working in furtherance of a<br />
continuing criminal enterprise, or any person engaging in<br />
an offense punishable under section 841(b)(1)(A) of this<br />
title or section 960(b)(1) of this title who intentionally kills<br />
or counsels, commands, induces, procures, or causes the<br />
intentional killing of an individual and such killing results,<br />
shall be sentenced to any term of imprisonment, which<br />
shall not be less than 20 years, and which may be up to life<br />
imprisonment, or may be sentenced to death; and<br />
(B) any person, during the commission of, in furtherance of,<br />
or while attempting to avoid apprehension, prosecution or<br />
service of a prison sentence for, a felony violation of this
subchapter or subchapter II of this chapter who<br />
intentionally kills or counsels, commands, induces,<br />
procures, or causes the intentional killing of any Federal,<br />
State, or local law enforcement officer engaged in, or on<br />
account of, the performance of such officer's official duties<br />
and such killing results, shall be sentenced to any term of<br />
imprisonment, which shall not be less than 20 years, and<br />
which may be up to life imprisonment, or may be sentenced<br />
to death.<br />
(2) As used in paragraph (1)(b), (FOOTNOTE 1) the term ''law<br />
enforcement officer'' means a public servant authorized by law or<br />
by a Government agency or Congress to conduct or engage in<br />
the prevention, investigation, prosecution or adjudication of an<br />
offense, and includes those engaged in corrections, probation, or<br />
parole functions. (FOOTNOTE 1) So in original. Probably should<br />
be paragraph ''(1)(B),''. (g) (FOOTNOTE 2) Hearing required with<br />
respect to death penalty (FOOTNOTE 2) So in original. Section<br />
does not contain a subsec.<br />
(f), see 1988 Amendment note below.<br />
(g) Hearing required with respect to the death penalty.<br />
A person shall be subjected to the penalty of death for any offense under<br />
this section only if a hearing is held in accordance with this section.<br />
(h) Notice by Government in death penalty cases<br />
(1) Whenever the Government intends to seek the death penalty<br />
for an offense under this section for which one of the sentences<br />
provided is death, the attorney for the Government, a reasonable<br />
time before trial or acceptance by the court of a plea of guilty,<br />
shall sign and file with the court, and serve upon the defendant,<br />
a notice -<br />
(A) that the Government in the event of conviction will seek<br />
the sentence of death; and<br />
(B) setting forth the aggravating factors enumerated in<br />
subsection (n) of this section and any other aggravating<br />
factors which the Government will seek to prove as the<br />
basis for the death penalty.<br />
(2) The court may permit the attorney for the Government to
amend this notice for good cause shown.<br />
(i) Hearing before court or jury<br />
(1) When the attorney for the Government has filed a notice as<br />
required under subsection (h) of this section and the defendant<br />
is found guilty of or pleads guilty to an offense under subsection<br />
(e) of this section, the judge who presided at the trial or before<br />
whom the guilty plea was entered, or any other judge if the<br />
judge who presided at the trial or before whom the guilty plea<br />
was entered is unavailable, shall conduct a separate sentencing<br />
hearing to determine the punishment to be imposed. The<br />
hearing shall be conducted -<br />
(A) before the jury which determined the defendant's guilt;<br />
(B) before a jury impaneled for the purpose of the hearing<br />
if -<br />
(i) the defendant was convicted upon a plea of guilty;<br />
(ii) the defendant was convicted after a trial before the<br />
court sitting without a jury;<br />
(iii) the jury which determined the defendant's guilt<br />
has been discharged for good cause; or<br />
(iv) after initial imposition of a sentence under this<br />
section, redetermination of the sentence under this<br />
section is necessary; or<br />
(C) before the court alone, upon the motion of the<br />
defendant and with the approval of the Government.<br />
(2) A jury impaneled under paragraph (1)(B) shall consist of 12<br />
members, unless, at any time before the conclusion of the<br />
hearing, the parties stipulate with the approval of the court that<br />
it shall consist of any number less than 12.<br />
(j) Proof of aggravating and mitigating factors<br />
Notwithstanding rule 32(c) of the Federal Rules of Criminal Procedure, when<br />
a defendant is found guilty of or pleads guilty to an offense under subsection<br />
(e) of this section, no presentence report shall be prepared. In the<br />
sentencing hearing, information may be presented as to matters relating to<br />
any of the aggravating or mitigating factors set forth in subsections (m) and<br />
(n) of this section, or any other mitigating factor or any other aggravating<br />
factor for which notice has been provided under subsection (h)(1)(B) of this<br />
section. Where information is presented relating to any of the aggravating
factors set forth in subsection (n) of this section, information may be<br />
presented relating to any other aggravating factor for which notice has been<br />
provided under subsection (h)(1)(B) of this section. Information presented<br />
may include the trial transcript and exhibits if the hearing is held before a<br />
jury or judge not present during the trial, or at the trial judge's discretion.<br />
Any other information relevant to such mitigating or aggravating factors may<br />
be presented by either the Government or the defendant, regardless of its<br />
admissibility under the rules governing admission of evidence at criminal<br />
trials, except that information may be excluded if its probative value is<br />
substantially outweighed by the danger of unfair prejudice, confusion of the<br />
issues, or misleading the jury. The Government and the defendant shall be<br />
permitted to rebut any information received at the hearing and shall be<br />
given fair opportunity to present argument as to the adequacy of the<br />
information to establish the existence of any of the aggravating or mitigating<br />
factors and as to appropriateness in that case of imposing a sentence of<br />
death. The Government shall open the argument. The defendant shall be<br />
permitted to reply. The Government shall then be permitted to reply in<br />
rebuttal. The burden of establishing the existence of any aggravating factor<br />
is on the Government, and is not satisfied unless established beyond a<br />
reasonable doubt. The burden of establishing the existence of any mitigating<br />
factor is on the defendant, and is not satisfied unless established by a<br />
preponderance of the evidence.<br />
(k) Return of findings<br />
The jury, or if there is no jury, the court, shall consider all the information<br />
received during the hearing. It shall return special findings identifying any<br />
aggravating factors set forth in subsection (n) of this section, found to exist.<br />
If one of the aggravating factors set forth in subsection (n)(1) of this section<br />
and another of the aggravating factors set forth in paragraphs (2) through<br />
(12) of subsection (n) of this section is found to exist, a special finding<br />
identifying any other aggravating factor for which notice has been provided<br />
under subsection (h)(1)(B) of this section, may be returned. A finding with<br />
respect to a mitigating factor may be made by one or more of the members<br />
of the jury, and any member of the jury who finds the existence of a<br />
mitigating factor may consider such a factor established for purposes of this<br />
subsection, regardless of the number of jurors who concur that the factor<br />
has been established. A finding with respect to any aggravating factor must<br />
be unanimous. If an aggravating factor set forth in subsection (n)(1) of this<br />
section is not found to exist or an aggravating factor set forth in subsection<br />
(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<br />
a sentence, other than death, authorized by law. If an aggravating factor set<br />
forth in subsection (n)(1) of this section and one or more of the other<br />
aggravating factors set forth in subsection (n) of this section are found to<br />
exist, the jury, or if there is no jury, the court, shall then consider whether<br />
the aggravating factors found to exist sufficiently outweigh any mitigating<br />
factor or factors found to exist, or in the absence of mitigating factors,<br />
whether the aggravating factors are themselves sufficient to justify a<br />
sentence of death. Based upon this consideration, the jury by unanimous<br />
vote, or if there is no jury, the court, shall recommend that a sentence of<br />
death shall be imposed rather than a sentence of life imprisonment without<br />
possibility of release or some other lesser sentence. The jury or the court,<br />
regardless of its findings with respect to aggravating and mitigating factors,<br />
is never required to impose a death sentence and the jury shall be so<br />
instructed.<br />
(l) Imposition of sentence<br />
Upon the recommendation that the sentence of death be imposed, the court<br />
shall sentence the defendant to death. Otherwise the court shall impose a<br />
sentence, other than death, authorized by law. A sentence of death shall not<br />
be carried out upon a person who is under 18 years of age at the time the<br />
crime was committed. A sentence of death shall not be carried out upon a<br />
person who is mentally retarded. A sentence of death shall not be carried<br />
out upon a person who, as a result of mental disability -<br />
(1) cannot understand the nature of the pending proceedings, what<br />
such person was tried for, the reason for the punishment, or the<br />
nature of the punishment; or<br />
(2) lacks the capacity to recognize or understand facts which would<br />
make the punishment unjust or unlawful, or lacks the ability to convey<br />
such information to counsel or to the court.<br />
(m) Mitigating factors<br />
In determining whether a sentence of death is to be imposed on a<br />
defendant, the finder of fact shall consider mitigating factors, including the<br />
following:<br />
(1) The defendant's capacity to appreciate the wrongfulness of the<br />
defendant's conduct or to conform conduct to the requirements of law
was significantly impaired, regardless of whether the capacity was so<br />
impaired as to constitute a defense to the charge.<br />
(2) The defendant was under unusual and substantial duress,<br />
regardless of whether the duress was of such a degree as to constitute<br />
a defense to the charge.<br />
(3) The defendant is punishable as a principal (as defined in section 2<br />
of title 18) in the offense, which was committed by another, but the<br />
defendant's participation was relatively minor, regardless of whether<br />
the participation was so minor as to constitute a defense to the<br />
charge.<br />
(4) The defendant could not reasonably have foreseen that the<br />
defendant's conduct in the course of the commission of murder, or<br />
other offense resulting in death for which the defendant was convicted,<br />
would cause, or would create a grave risk of causing, death to any<br />
person.<br />
(5) The defendant was youthful, although not under the age of 18.<br />
(6) The defendant did not have a significant prior criminal record.<br />
(7) The defendant committed the offense under severe mental or<br />
emotional disturbance.<br />
(8) Another defendant or defendants, equally culpable in the crime,<br />
will not be punished by death.<br />
(9) The victim consented to the criminal conduct that resulted in the<br />
victim's death.<br />
(10) That other factors in the defendant's background or character<br />
mitigate against imposition of the death sentence.<br />
(n) Aggravating factors for homicide<br />
If the defendant is found guilty of or pleads guilty to an offense under<br />
subsection (e) of this section, the following aggravating factors are the only<br />
aggravating factors that shall be considered, unless notice of additional<br />
aggravating factors is provided under subsection (h)(1)(B) of this section:<br />
(1) The defendant -<br />
(A) intentionally killed the victim;<br />
(B) intentionally inflicted serious bodily injury which resulted in<br />
the death of the victim;<br />
(C) intentionally engaged in conduct intending that the victim be<br />
killed or that lethal force be employed against the victim, which<br />
resulted in the death of the victim;<br />
(D) intentionally engaged in conduct which -
(i) the defendant knew would create a grave risk of death<br />
to a person, other than one of the participants in the<br />
offense; and<br />
(ii) resulted in the death of the victim.<br />
(2) The defendant has been convicted of another Federal offense, or a<br />
State offense resulting in the death of a person, for which a sentence<br />
of life imprisonment or a sentence of death was authorized by statute.<br />
(3) The defendant has previously been convicted of two or more State<br />
or Federal offenses punishable by a term of imprisonment of more<br />
than one year, committed on different occasions, involving the<br />
infliction of, or attempted infliction of, serious bodily injury upon<br />
another person.<br />
(4) The defendant has previously been convicted of two or more State<br />
or Federal offenses punishable by a term of imprisonment of more<br />
than one year, committed on different occasions, involving the<br />
distribution of a controlled substance.<br />
(5) In the commission of the offense or in escaping apprehension for a<br />
violation of subsection (e) of this section, the defendant knowingly<br />
created a grave risk of death to one or more persons in addition to the<br />
victims of the offense.<br />
(6) The defendant procured the commission of the offense by<br />
payment, or promise of payment, of anything of pecuniary value.<br />
(7) The defendant committed the offense as consideration for the<br />
receipt, or in the expectation of the receipt, of anything of pecuniary<br />
value.<br />
(8) The defendant committed the offense after substantial planning<br />
and premeditation.<br />
(9) The victim was particularly vulnerable due to old age, youth, or<br />
infirmity.<br />
(10) The defendant had previously been convicted of violating this<br />
subchapter or subchapter II of this chapter for which a sentence of<br />
five or more years may be imposed or had previously been convicted<br />
of engaging in a continuing criminal enterprise.<br />
(11) The violation of this subchapter in relation to which the conduct<br />
described in subsection (e) of this section occurred was a violation of<br />
section 859 of this title.<br />
(12) The defendant committed the offense in an especially heinous,<br />
cruel, or depraved manner in that it involved torture or serious<br />
physical abuse to the victim.<br />
(o) Right of defendant to justice without discrimination
(1) In any hearing held before a jury under this section, the<br />
court shall instruct the jury that in its consideration of whether<br />
the sentence of death is justified it shall not consider the race,<br />
color, religious beliefs, national origin, or sex of the defendant or<br />
the victim, and that the jury is not to recommend a sentence of<br />
death unless it has concluded that it would recommend a<br />
sentence of death for the crime in question no matter what the<br />
race, color, religious beliefs, national origin, or sex of the<br />
defendant, or the victim, may be. The jury shall return to the<br />
court a certificate signed by each juror that consideration of the<br />
race, color, religious beliefs, national origin, or sex of the<br />
defendant or the victim was not involved in reaching his or her<br />
individual decision, and that the individual juror would have<br />
made the same recommendation regarding a sentence for the<br />
crime in question no matter what the race, color, religious<br />
beliefs, national origin, or sex of the defendant, or the victim,<br />
may be.<br />
(2) Not later than one year from November 18, 1988, the<br />
Comptroller General shall conduct a study of the various<br />
procedures used by the several States for determining whether<br />
or not to impose the death penalty in particular cases, and shall<br />
report to the Congress on whether or not any or all of the<br />
various procedures create a significant risk that the race of a<br />
defendant, or the race of a victim against whom a crime was<br />
committed, influence the likelihood that defendants in those<br />
States will be sentenced to death. In conducting the study<br />
required by this paragraph, the General Accounting Office shall -<br />
(A) use ordinary methods of statistical analysis, including<br />
methods comparable to those ruled admissible by the<br />
courts in race discrimination cases under title VII of the<br />
Civil Rights <strong>Act</strong> of 1964 (42 U.S.C. 2000e et seq.);<br />
(B) study only crimes occurring after January 1, 1976; and<br />
(C) determine what, if any, other factors, including any<br />
relation between any aggravating or mitigating factors and<br />
the race of the victim or the defendant, may account for<br />
any evidence that the race of the defendant, or the race of<br />
the victim, influences the likelihood that defendants will be<br />
sentenced to death. In addition, the General Accounting<br />
Office shall examine separately and include in the report,<br />
death penalty cases involving crimes similar to those<br />
covered under this section.
(p) Sentencing in capital cases in which death penalty is not<br />
sought or imposed<br />
If a person is convicted for an offense under subsection (e) of this section<br />
and the court does not impose the penalty of death, the court may impose a<br />
sentence of life imprisonment without the possibility of parole.<br />
(q) Appeal in capital cases; counsel for financially unable<br />
defendants<br />
(1) In any case in which the sentence of death is imposed under<br />
this section, the sentence of death shall be subject to review by<br />
the court of appeals upon appeal by the defendant. Notice of<br />
appeal must be filed within the time prescribed for appeal of<br />
judgment in section 2107 of title 28. An appeal under this section<br />
may be consolidated with an appeal of the judgment of<br />
conviction. Such review shall have priority over all other cases.<br />
(2) On review of the sentence, the court of appeals shall<br />
consider the record, the evidence submitted during the trial, the<br />
information submitted during the sentencing hearing, the<br />
procedures employed in the sentencing hearing, and the special<br />
findings returned under this section.<br />
(3) The court shall affirm the sentence if it determines that -<br />
(4)<br />
(A) the sentence of death was not imposed under the<br />
influence of passion, prejudice, or any other arbitrary<br />
factor; and<br />
(B) the information supports the special finding of the<br />
existence of every aggravating factor upon which the<br />
sentence was based, together with, or the failure to find,<br />
any mitigating factors as set forth or allowed in this section.<br />
In all other cases the court shall remand the case for<br />
reconsideration under this section. The court of appeals<br />
shall state in writing the reasons for its disposition of the<br />
review of the sentence.<br />
(A) Notwithstanding any other provision of law to the<br />
contrary, in every criminal action in which a defendant is<br />
charged with a crime which may be punishable by death, a<br />
defendant who is or becomes financially unable to obtain<br />
adequate representation or investigative, expert, or other
easonably necessary services at any time either -<br />
(i) before judgment; or<br />
(ii) after the entry of a judgment imposing a sentence<br />
of death but before the execution of that judgment;<br />
shall be entitled to the appointment of one or more<br />
attorneys and the furnishing of such other services in<br />
accordance with paragraphs (5), (6), (7), (8), and (9).<br />
(B) In any post conviction proceeding under section 2254 or<br />
2255 of title 28 seeking to vacate or set aside a death<br />
sentence, any defendant who is or becomes financially<br />
unable to obtain adequate representation or investigative,<br />
expert, or other reasonably necessary services shall be<br />
entitled to the appointment of one or more attorneys and<br />
the furnishing of such other services in accordance with<br />
paragraphs (5), (6), (7), (8), and (9).<br />
(5) If the appointment is made before judgment, at least one<br />
attorney so appointed must have been admitted to practice in<br />
the court in which the prosecution is to be tried for not less than<br />
five years, and must have had not less than three years<br />
experience in the actual trial of felony prosecutions in that court.<br />
(6) If the appointment is made after judgment, at least one<br />
attorney so appointed must have been admitted to practice in<br />
the court of appeals for not less than five years, and must have<br />
had not less than three years experience in the handling of<br />
appeals in that court in felony cases.<br />
(7) With respect to paragraphs (5) and (6), the court, for good<br />
cause, may appoint another attorney whose background,<br />
knowledge, or experience would otherwise enable him or her to<br />
properly represent the defendant, with due consideration to the<br />
seriousness of the possible penalty and to the unique and<br />
complex nature of the litigation.<br />
(8) Unless replaced by similarly qualified counsel upon the<br />
attorney's own motion or upon motion of the defendant, each<br />
attorney so appointed shall represent the defendant throughout<br />
every subsequent stage of available judicial proceedings,<br />
including pretrial proceedings, trial, sentencing, motions for new<br />
trial, appeals, applications for writ of certiorari to the Supreme<br />
Court of the United States, and all available post-conviction<br />
process, together with applications for stays of execution and<br />
other appropriate motions and procedures, and shall also<br />
represent the defendant in such competency proceedings and
proceedings for executive or other clemency as may be available<br />
to the defendant.<br />
(9) Upon a finding in ex parte proceedings that investigative,<br />
expert or other services are reasonably necessary for the<br />
representation of the defendant, whether in connection with<br />
issues relating to guilt or sentence, the court shall authorize the<br />
defendant's attorneys to obtain such services on behalf of the<br />
defendant and shall order the payment of fees and expenses<br />
therefore, under paragraph (10). Upon a finding that timely<br />
procurement of such services could not practicably await prior<br />
authorization, the court may authorize the provision of and<br />
payment for such services nunc pro tunc.<br />
(10) Notwithstanding the rates and maximum limits generally<br />
applicable to criminal cases and any other provision of law to the<br />
contrary, the court shall fix the compensation to be paid to<br />
attorneys appointed under this subsection and the fees and<br />
expenses to be paid for investigative, expert, and other<br />
reasonably necessary services authorized under paragraph (9),<br />
at such rates or amounts as the court determines to be<br />
reasonably necessary to carry out the requirements of<br />
paragraphs (4) through (9).<br />
(r) Refusal to participate by State and Federal correctional<br />
employees<br />
No employee of any State department of corrections or the Federal Bureau<br />
of Prisons and no employee providing services to that department or bureau<br />
under contract shall be required, as a condition of that employment, or<br />
contractual obligation to be in attendance at or to participate in any<br />
execution carried out under this section if such participation is contrary to<br />
the moral or religious convictions of the employee. For purposes of this<br />
subsection, the term ''participation in executions'' includes personal<br />
preparation of the condemned individual and the apparatus used for<br />
execution and supervision of the activities of other personnel in carrying out<br />
such activities.<br />
§ 849. Transportation safety offenses.<br />
(a) Definitions In this section -<br />
''safety rest area'' means a roadside facility with parking facilities for the rest
or other needs of motorists.<br />
''truck stop'' means a facility (including any parking lot appurtenant thereto)<br />
that -<br />
(A) has the capacity to provide fuel or service, or both, to any<br />
commercial motor vehicle (as defined in section 31301 of title 49),<br />
operating in commerce (as defined in that section); and<br />
(B) is located within 2,500 feet of the National System of Interstate<br />
and Defense Highways or the Federal-Aid Primary System.<br />
(b) First offense<br />
A person who violates section 841(a)(1) of this title or section 856 of this<br />
title by distributing or possessing with intent to distribute a controlled<br />
substance in or on, or within 1,000 feet of, a truck stop or safety rest area is<br />
(except as provided in subsection (b) (FOOTNOTE 1) of this section) subject<br />
to - (FOOTNOTE 1) So in original. Probably should be subsection ''(c)''.<br />
(1) twice the maximum punishment authorized by section 841(b) of<br />
this title; and<br />
(2) twice any term of supervised release authorized by section 841(b)<br />
of this title for a first offense.<br />
(c) Subsequent offense<br />
A person who violates section 841(a)(1) of this title or section 856 of this<br />
title by distributing or possessing with intent to distribute a controlled<br />
substance in or on, or within 1,000 feet of, a truck stop or a safety rest area<br />
after a prior conviction or convictions under subsection (a) (FOOTNOTE 2) of<br />
this section have become final is subject to - (FOOTNOTE 2) So in original.<br />
Probably should be subsection ''(b)''.<br />
(1) 3 times the maximum punishment authorized by section 841(b) of<br />
this title; and<br />
(2) 3 times any term of supervised release authorized by section<br />
841(b) of this title for a first offense.<br />
§ 850. Information for sentencing.<br />
Except as otherwise provided in this subchapter or section 242a(a) of title
42, no limitation shall be placed on the information concerning the<br />
background, character, and conduct of a person convicted of an offense<br />
which a court of the United States may receive and consider for the purpose<br />
of imposing an appropriate sentence under this subchapter or subchapter II<br />
of this chapter.<br />
§ 851. Proceedings to establish prior convictions.<br />
(a) Information filed by United States Attorney<br />
(1) No person who stands convicted of an offense under this part<br />
shall be sentenced to increased punishment by reason of one or<br />
more prior convictions, unless before trial, or before entry of a<br />
plea of guilty, the United States attorney files an information<br />
with the court (and serves a copy of such information on the<br />
person or counsel for the person) stating in writing the previous<br />
convictions to be relied upon. Upon a showing by the United<br />
States attorney that facts regarding prior convictions could not<br />
with due diligence be obtained prior to trial or before entry of a<br />
plea of guilty, the court may postpone the trial or the taking of<br />
the plea of guilty for a reasonable period for the purpose of<br />
obtaining such facts. Clerical mistakes in the information may be<br />
amended at any time prior to the pronouncement of sentence.<br />
(2) An information may not be filed under this section if the<br />
increased punishment which may be imposed is imprisonment for<br />
a term in excess of three years unless the person either waived<br />
or was afforded prosecution by indictment for the offense for<br />
which such increased punishment may be imposed.<br />
(b) Affirmation or denial of previous conviction<br />
If the United States attorney files an information under this section, the<br />
court shall after conviction but before pronouncement of sentence inquire of<br />
the person with respect to whom the information was filed whether he<br />
affirms or denies that he has been previously convicted as alleged in the<br />
information, and shall inform him that any challenge to a prior conviction<br />
which is not made before sentence is imposed may not thereafter be raised<br />
to attack the sentence.<br />
(c) Denial; written response; hearing<br />
(1) If the person denies any allegation of the information of prior<br />
conviction, or claims that any conviction alleged is invalid, he
shall file a written response to the information. A copy of the<br />
response shall be served upon the United States attorney. The<br />
court shall hold a hearing to determine any issues raised by the<br />
response which would except the person from increased<br />
punishment. The failure of the United States attorney to include<br />
in the information the complete criminal record of the person or<br />
any facts in addition to the convictions to be relied upon shall not<br />
constitute grounds for invalidating the notice given in the<br />
information required by subsection (a)(1) of this section. The<br />
hearing shall be before the court without a jury and either party<br />
may introduce evidence. Except as otherwise provided in<br />
paragraph (2) of this subsection, the United States attorney shall<br />
have the burden of proof beyond a reasonable doubt on any<br />
issue of fact. At the request of either party, the court shall enter<br />
findings of fact and conclusions of law.<br />
(2) A person claiming that a conviction alleged in the information<br />
was obtained in violation of the Constitution of the United States<br />
shall set forth his claim, and the factual basis therefor, with<br />
particularity in his response to the information. The person shall<br />
have the burden of proof by a preponderance of the evidence on<br />
any issue of fact raised by the response. Any challenge to a prior<br />
conviction, not raised by response to the information before an<br />
increased sentence is imposed in reliance thereon, shall be<br />
waived unless good cause be shown for failure to make a timely<br />
challenge.<br />
(d) Imposition of sentence<br />
(1) If the person files no response to the information, or if the<br />
court determines, after hearing, that the person is subject to<br />
increased punishment by reason of prior convictions, the court<br />
shall proceed to impose sentence upon him as provided by this<br />
part.<br />
(2) If the court determines that the person has not been<br />
convicted as alleged in the information, that a conviction alleged<br />
in the information is invalid, or that the person is otherwise not<br />
subject to an increased sentence as a matter of law, the court<br />
shall, at the request of the United States attorney, postpone<br />
sentence to allow an appeal from that determination. If no such<br />
request is made, the court shall impose sentence as provided by<br />
this part. The person may appeal from an order postponing<br />
sentence as if sentence had been pronounced and a final
judgment of conviction entered.<br />
(e) Statute of limitations<br />
No person who stands convicted of an offense under this part may challenge<br />
the validity of any prior conviction alleged under this section which occurred<br />
more than five years before the date of the information alleging such prior<br />
conviction.<br />
§ 852. Application of treaties and other international agreements.<br />
Nothing in the Single Convention on Narcotic Drugs, the Convention on<br />
Psychotropic <strong>Substances</strong>, or other treaties or international agreements shall<br />
be construed to limit the provision of treatment, education, or rehabilitation<br />
as alternatives to conviction or criminal penalty for offenses involving any<br />
drug or other substance subject to control under any such treaty or<br />
agreement.<br />
§ 853. Criminal forfeitures.<br />
(a) Property subject to criminal forfeiture<br />
Any person convicted of a violation of this subchapter or subchapter II of<br />
this chapter punishable by imprisonment for more than one year shall forfeit<br />
to the United States, irrespective of any provision of State law -<br />
(1) any property constituting, or derived from, any proceeds the<br />
person obtained, directly or indirectly, as the result of such violation;<br />
(2) any of the person's property used, or intended to be used, in any<br />
manner or part, to commit, or to facilitate the commission of, such<br />
violation; and<br />
(3) in the case of a person convicted of engaging in a continuing<br />
criminal enterprise in violation of section 848 of this title, the person<br />
shall forfeit, in addition to any property described in paragraph (1) or<br />
(2), any of his interest in, claims against, and property or contractual<br />
rights affording a source of control over, the continuing criminal<br />
enterprise.<br />
The court, in imposing sentence on such person, shall order, in addition to<br />
any other sentence imposed pursuant to this subchapter or subchapter II of<br />
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<br />
part, a defendant who derives profits or other proceeds from an offense may<br />
be fined not more than twice the gross profits or other proceeds.<br />
(b) Meaning of term ''property''<br />
Property subject to criminal forfeiture under this section includes -<br />
(1) real property, including things growing on, affixed to, and found in<br />
land; and<br />
(2) tangible and intangible personal property, including rights,<br />
privileges, interests, claims, and securities.<br />
(c) Third party transfers<br />
All right, title, and interest in property described in subsection (a) of this<br />
section vests in the United States upon the commission of the act giving rise<br />
to forfeiture under this section. Any such property that is subsequently<br />
transferred to a person other than the defendant may be the subject of a<br />
special verdict of forfeiture and thereafter shall be ordered forfeited to the<br />
United States, unless the transferee establishes in a hearing pursuant to<br />
subsection (n) of this section that he is a bona fide purchaser for value of<br />
such property who at the time of purchase was reasonably without cause to<br />
believe that the property was subject to forfeiture under this section.<br />
(d) Rebuttable presumption<br />
There is a rebuttable presumption at trial that any property of a person<br />
convicted of a felony under this subchapter or subchapter II of this chapter<br />
is subject to forfeiture under this section if the United States establishes by a<br />
preponderance of the evidence that -<br />
(1) such property was acquired by such person during the period of<br />
the violation of this subchapter or subchapter II of this chapter or<br />
within a reasonable time after such period; and<br />
(2) there was no likely source for such property other than the<br />
violation of this subchapter or subchapter II of this chapter.<br />
(e) Protective orders<br />
(1) Upon application of the United States, the court may enter a<br />
restraining order or injunction, require the execution of a
satisfactory performance bond, or take any other action to<br />
preserve the availability of property described in subsection (a)<br />
of this section for forfeiture under this section -<br />
(A) upon the filing of an indictment or information charging<br />
a violation of this subchapter or subchapter II of this<br />
chapter for which criminal forfeiture may be ordered under<br />
this section and alleging that the property with respect to<br />
which the order is sought would, in the event of conviction,<br />
be subject to forfeiture under this section; or<br />
(B) prior to the filing of such an indictment or information,<br />
if, after notice to persons appearing to have an interest in<br />
the property and opportunity for a hearing, the court<br />
determines that -<br />
(i) there is a substantial probability that the United<br />
States will prevail on the issue of forfeiture and that<br />
failure to enter the order will result in the property<br />
being destroyed, removed from the jurisdiction of the<br />
court, or otherwise made unavailable for forfeiture;<br />
and<br />
(ii) the need to preserve the availability of the<br />
property through the entry of the requested order<br />
outweighs the hardship on any party against whom the<br />
order is to be entered:<br />
Provided, however, That an order entered pursuant to<br />
subparagraph (B) shall be effective for not more than ninety<br />
days, unless extended by the court for good cause shown or<br />
unless an indictment or information described in subparagraph<br />
(A) has been filed.<br />
(2) A temporary restraining order under this subsection may be<br />
entered upon application of the United States without notice or<br />
opportunity for a hearing when an information or indictment has<br />
not yet been filed with respect to the property, if the United<br />
States demonstrates that there is probable cause to believe that<br />
the property with respect to which the order is sought would, in<br />
the event of conviction, be subject to forfeiture under this<br />
section and that provision of notice will jeopardize the availability<br />
of the property for forfeiture. Such a temporary order shall<br />
expire not more than ten days after the date on which it is
entered, unless extended for good cause shown or unless the<br />
party against whom it is entered consents to an extension for a<br />
longer period. A hearing requested concerning an order entered<br />
under this paragraph shall be held at the earliest possible time<br />
and prior to the expiration of the temporary order.<br />
(3) The court may receive and consider, at a hearing held<br />
pursuant to this subsection, evidence and information that would<br />
be inadmissible under the Federal Rules of Evidence.<br />
(f) Warrant of seizure<br />
The Government may request the issuance of a warrant authorizing the<br />
seizure of property subject to forfeiture under this section in the same<br />
manner as provided for a search warrant. If the court determines that there<br />
is probable cause to believe that the property to be seized would, in the<br />
event of conviction, be subject to forfeiture and that an order under<br />
subsection (e) of this section may not be sufficient to assure the availability<br />
of the property for forfeiture, the court shall issue a warrant authorizing the<br />
seizure of such property.<br />
(g) Execution<br />
Upon entry of an order of forfeiture under this section, the court shall<br />
authorize the Attorney General to seize all property ordered forfeited upon<br />
such terms and conditions as the court shall deem proper. Following entry of<br />
an order declaring the property forfeited, the court may, upon application of<br />
the United States, enter such appropriate restraining orders or injunctions,<br />
require the execution of satisfactory performance bonds, appoint receivers,<br />
conservators, appraisers, accountants, or trustees, or take any other action<br />
to protect the interest of the United States in the property ordered forfeited.<br />
Any income accruing to or derived from property ordered forfeited under this<br />
section may be used to offset ordinary and necessary expenses to the<br />
property which are required by law, or which are necessary to protect the<br />
interests of the United States or third parties.<br />
(h) Disposition of property<br />
Following the seizure of property ordered forfeited under this section, the<br />
Attorney General shall direct the disposition of the property by sale or any<br />
other commercially feasible means, making due provision for the rights of<br />
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<br />
to the defendant, nor shall the defendant or any person acting in concert<br />
with him or on his behalf be eligible to purchase forfeited property at any<br />
sale held by the United States. Upon application of a person, other than the<br />
defendant or a person acting in concert with him or on his behalf, the court<br />
may restrain or stay the sale or disposition of the property pending the<br />
conclusion of any appeal of the criminal case giving rise to the forfeiture, if<br />
the applicant demonstrates that proceeding with the sale or disposition of<br />
the property will result in irreparable injury, harm, or loss to him.<br />
(i) Authority of the Attorney General<br />
With respect to property ordered forfeited under this section, the Attorney<br />
General is authorized to -<br />
(1) grant petitions for mitigation or remission of forfeiture, restore<br />
forfeited property to victims of a violation of this subchapter, or take<br />
any other action to protect the rights of innocent persons which is in<br />
the interest of justice and which is not inconsistent with the provisions<br />
of this section;<br />
(2) compromise claims arising under this section;<br />
(3) award compensation to persons providing information resulting in<br />
a forfeiture under this section;<br />
(4) direct the disposition by the United States, in accordance with the<br />
provisions of section 881(e) of this title, of all property ordered<br />
forfeited under this section by public sale or any other commercially<br />
feasible means, making due provision for the rights of innocent<br />
persons; and<br />
(5) take appropriate measures necessary to safeguard and maintain<br />
property ordered forfeited under this section pending its disposition.<br />
(j) Applicability of civil forfeiture provisions<br />
Except to the extent that they are inconsistent with the provisions of this<br />
section, the provisions of section 881(d) of this title shall apply to a criminal<br />
forfeiture under this section.<br />
(k) Bar on intervention<br />
Except as provided in subsection (n) of this section, no party claiming an<br />
interest in property subject to forfeiture under this section may -
(1) intervene in a trial or appeal of a criminal case involving the<br />
forfeiture of such property under this section; or<br />
(2) commence an action at law or equity against the United States<br />
concerning the validity of his alleged interest in the property<br />
subsequent to the filing of an indictment or information alleging that<br />
the property is subject to forfeiture under this section.<br />
(l) Jurisdiction to enter orders<br />
The district courts of the United States shall have jurisdiction to enter orders<br />
as provided in this section without regard to the location of any property<br />
which may be subject to forfeiture under this section or which has been<br />
ordered forfeited under this section.<br />
(m) Depositions<br />
In order to facilitate the identification and location of property declared<br />
forfeited and to facilitate the disposition of petitions for remission or<br />
mitigation of forfeiture, after the entry of an order declaring property<br />
forfeited to the United States, the court may, upon application of the United<br />
States, order that the testimony of any witness relating to the property<br />
forfeited be taken by deposition and that any designated book, paper,<br />
document, record, recording, or other material not privileged be produced at<br />
the same time and place, in the same manner as provided for the taking of<br />
depositions under Rule 15 of the Federal Rules of Criminal Procedure.<br />
(n) Third party interests<br />
(1) Following the entry of an order of forfeiture under this<br />
section, the United States shall publish notice of the order and of<br />
its intent to dispose of the property in such manner as the<br />
Attorney General may direct. The Government may also, to the<br />
extent practicable, provide direct written notice to any person<br />
known to have alleged an interest in the property that is the<br />
subject of the order of forfeiture as a substitute for published<br />
notice as to those persons so notified.<br />
(2) Any person, other than the defendant, asserting a legal<br />
interest in property which has been ordered forfeited to the<br />
United States pursuant to this section may, within thirty days of<br />
the final publication of notice or his receipt of notice under<br />
paragraph (1), whichever is earlier, petition the court for a
hearing to adjudicate the validity of his alleged interest in the<br />
property. The hearing shall be held before the court alone,<br />
without a jury.<br />
(3) The petition shall be signed by the petitioner under penalty of<br />
perjury and shall set forth the nature and extent of the<br />
petitioner's right, title, or interest in the property, the time and<br />
circumstances of the petitioner's acquisition of the right, title, or<br />
interest in the property, any additional facts supporting the<br />
petitioner's claim, and the relief sought.<br />
(4) The hearing on the petition shall, to the extent practicable<br />
and consistent with the interests of justice, be held within thirty<br />
days of the filing of the petition. The court may consolidate the<br />
hearing on the petition with a hearing on any other petition filed<br />
by a person other than the defendant under this subsection.<br />
(5) At the hearing, the petitioner may testify and present<br />
evidence and witnesses on his own behalf, and cross-examine<br />
witnesses who appear at the hearing. The United States may<br />
present evidence and witnesses in rebuttal and in defense of its<br />
claim to the property and cross-examine witnesses who appear<br />
at the hearing. In addition to testimony and evidence presented<br />
at the hearing, the court shall consider the relevant portions of<br />
the record of the criminal case which resulted in the order of<br />
forfeiture.<br />
(6) If, after the hearing, the court determines that the petitioner<br />
has established by a preponderance of the evidence that -<br />
(A) the petitioner has a legal right, title, or interest in the<br />
property, and such right, title, or interest renders the order<br />
of forfeiture invalid in whole or in part because the right,<br />
title, or interest was vested in the petitioner rather than the<br />
defendant or was superior to any right, title, or interest of<br />
the defendant at the time of the commission of the acts<br />
which gave rise to the forfeiture of the property under this<br />
section; or<br />
(B) the petitioner is a bona fide purchaser for value of the<br />
right, title, or interest in the property and was at the time<br />
of purchase reasonably without cause to believe that the<br />
property was subject to forfeiture under this section; the<br />
court shall amend the order of forfeiture in accordance with<br />
its determination.<br />
(7) Following the court's disposition of all petitions filed under<br />
this subsection, or if no such petitions are filed following the
expiration of the period provided in paragraph (2) for the filing of<br />
such petitions, the United States shall have clear title to property<br />
that is the subject of the order of forfeiture and may warrant<br />
good title to any subsequent purchaser or transferee.<br />
(o) Construction<br />
The provisions of this section shall be liberally construed to effectuate its<br />
remedial purposes.<br />
(p) Forfeiture of substitute property<br />
If any of the property described in subsection (a) of this section, as a result<br />
of any act or omission of the defendant -<br />
(1) cannot be located upon the exercise of due diligence;<br />
(2) has been transferred or sold to, or deposited with, a third party;<br />
(3) has been placed beyond the jurisdiction of the court;<br />
(4) has been substantially diminished in value; or<br />
(5) has been commingled with other property which cannot be divided<br />
without difficulty;<br />
the court shall order the forfeiture of any other property of the defendant up<br />
to the value of any property described in paragraphs (1) through (5).<br />
§ 853a. Transferred.<br />
§ 854. Investment of illicit drug profits.<br />
(a) Prohibition<br />
It shall be unlawful for any person who has received any income derived,<br />
directly or indirectly, from a violation of this subchapter or subchapter II of<br />
this chapter punishable by imprisonment for more than one year in which<br />
such person has participated as a principal within the meaning of section 2<br />
of title 18, to use or invest, directly or indirectly, any part of such income, or<br />
the proceeds of such income, in acquisition of any interest in, or the<br />
establishment or operation of, any enterprise which is engaged in, or the<br />
activities of which affect interstate or foreign commerce. A purchase of<br />
securities on the open market for purposes of investment, and without the<br />
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<br />
securities of the issuer held by the purchaser, the members of his immediate<br />
family, and his or their accomplices in any violation of this subchapter or<br />
subchapter II of this chapter after such purchase do not amount in the<br />
aggregate to 1 per centum of the outstanding securities of any one class,<br />
and do not confer, either in law or in fact, the power to elect one or more<br />
directors of the issuer.<br />
(b) Penalty<br />
Whoever violates this section shall be fined not more than $50,000 or<br />
imprisoned not more than ten years, or both.<br />
(c) ''Enterprise'' defined<br />
As used in this section, the term ''enterprise'' includes any individual,<br />
partnership, corporation, association, or other legal entity, and any union or<br />
group of individuals associated in fact although not a legal entity.<br />
(d) Construction<br />
The provisions of this section shall be liberally construed to effectuate its<br />
remedial purposes.<br />
§ 855. Alternative fine.<br />
In lieu of a fine otherwise authorized by this part, a defendant who derives<br />
profits or other proceeds from an offense may be fined not more than twice<br />
the gross profits or other proceeds.<br />
§ 856. Establishment of manufacturing operations.<br />
(a) Except as authorized by this subchapter, it shall be unlawful to -<br />
(1) knowingly open or maintain any place for the purpose of<br />
manufacturing, distributing, or using any controlled substance;<br />
(2) manage or control any building, room, or enclosure, either as<br />
an owner, lessee, agent, employee, or mortgagee, and knowingly<br />
and intentionally rent, lease, or make available for use, with or<br />
without compensation, the building, room, or enclosure for the<br />
purpose of unlawfully manufacturing, storing, distributing, or<br />
using a controlled substance.
(b) Any person who violates subsection (a) of this section shall be<br />
sentenced to a term of imprisonment of not more than 20 years or a<br />
fine of not more than $500,000, or both, or a fine of $2,000,000 for a<br />
person other than an individual.<br />
§ 857. Repealed.<br />
Repealed. Pub. L. 101-647, title XXIV, Sec. 2401(d), Nov. 29, 1990, 104<br />
Stat. 4859<br />
§ 858. Endangering human life while illegally manufacturing<br />
controlled substance.<br />
Whoever, while manufacturing a controlled substance in violation of this<br />
subchapter, or attempting to do so, or transporting or causing to be<br />
transported materials, including chemicals, to do so, creates a substantial<br />
risk of harm to human life shall be fined in accordance with title 18 or<br />
imprisoned not more than 10 years, or both.<br />
§ 859. Distribution to persons under age twenty-one.<br />
(a) First offense<br />
Except as provided in section 860 of this title, any person at least eighteen<br />
years of age who violates section 841(a)(1) of this title by distributing a<br />
controlled substance to a person under twenty-one years of age is (except<br />
as provided in subsection (b) of this section) subject to (1) twice the<br />
maximum punishment authorized by section 841(b) of this title, and (2) at<br />
least twice any term of supervised release authorized by section 841(b) of<br />
this title, for a first offense involving the same controlled substance and<br />
schedule. Except to the extent a greater minimum sentence is otherwise<br />
provided by section 841(b) of this title, a term of imprisonment under this<br />
subsection shall be not less than one year. The mandatory minimum<br />
sentencing provisions of this subsection shall not apply to offenses involving<br />
5 grams or less of marihuana.<br />
(b) Second offense<br />
Except as provided in section 860 of this title, any person at least eighteen<br />
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<br />
conviction under subsection (a) of this section (or under section 333(b) of<br />
this title as in effect prior to May 1, 1971) has become final, is subject to (1)<br />
three times the maximum punishment authorized by section 841(b) of this<br />
title, and (2) at least three times any term of supervised release authorized<br />
by section 841(b) of this title, for a second or subsequent offense involving<br />
the same controlled substance and schedule. Except to the extent a greater<br />
minimum sentence is otherwise provided by section 841(b) of this title, a<br />
term of imprisonment under this subsection shall be not less than one year.<br />
Penalties for third and subsequent convictions shall be governed by section<br />
841(b)(1)(A) of this title.<br />
§ 860. Distribution or manufacturing in or near schools and colleges.<br />
(a) Penalty<br />
Any person who violates section 841(a)(1) of this title or section 856 of this<br />
title by distributing, possessing with intent to distribute, or manufacturing a<br />
controlled substance in or on, or within one thousand feet of, the real<br />
property comprising a public or private elementary, vocational, or secondary<br />
school or a public or private college, junior college, or university, or a<br />
playground, or housing facility owned by a public housing authority, or within<br />
100 feet of a public or private youth center, public swimming pool, or video<br />
arcade facility, is (except as provided in subsection (b) of this section)<br />
subject to (1) twice the maximum punishment authorized by section 841(b)<br />
of this title; and (2) at least twice any term of supervised release authorized<br />
by section 841(b) of this title for a first offense. A fine up to twice that<br />
authorized by section 841(b) of this title may be imposed in addition to any<br />
term of imprisonment authorized by this subsection. Except to the extent a<br />
greater minimum sentence is otherwise provided by section 841(b) of this<br />
title, a person shall be sentenced under this subsection to a term of<br />
imprisonment of not less than one year. The mandatory minimum<br />
sentencing provisions of this paragraph shall not apply to offenses involving<br />
5 grams or less of marihuana.<br />
(b) Second offenders<br />
Any person who violates section 841(a)(1) of this title or section 856 of this<br />
title by distributing, possessing with intent to distribute, or manufacturing a<br />
controlled substance in or on, or within one thousand feet of, the real<br />
property comprising a public or private elementary, vocational, or secondary
school or a public or private college, junior college, or university, or a<br />
playground, or housing facility owned by a public housing authority, or within<br />
100 feet of a public or private youth center, public swimming pool, or video<br />
arcade facility, after a prior conviction under subsection (a) of this section<br />
has become final is punishable (1) by the greater of (A) a term of<br />
imprisonment of not less than three years and not more than life<br />
imprisonment or (B) three times the maximum punishment authorized by<br />
section 841(b) of this title for a first offense, and (2) at least three times any<br />
term of supervised release authorized by section 841(b) of this title for a<br />
first offense. A fine up to three times that authorized by section 841(b) of<br />
this title may be imposed in addition to any term of imprisonment authorized<br />
by this subsection. Except to the extent a greater minimum sentence is<br />
otherwise provided by section 841(b) of this title, a person shall be<br />
sentenced under this subsection to a term of imprisonment of not less than<br />
three years. Penalties for third and subsequent convictions shall be governed<br />
by section 841(b)(1)(A) of this title.<br />
(c) Employing children to distribute drugs near schools or<br />
playgrounds<br />
Notwithstanding any other law, any person at least 21 years of age who<br />
knowingly and intentionally -<br />
(1) employs, hires, uses, persuades, induces, entices, or coerces a<br />
person under 18 years of age to violate this section; or<br />
(2) employs, hires, uses, persuades, induces, entices, or coerces a<br />
person under 18 years of age to assist in avoiding detection or<br />
apprehension for any offense under this section by any Federal, State,<br />
or local law enforcement official, is punishable by a term of<br />
imprisonment, a fine, or both, up to triple those authorized by section<br />
841 of this title.<br />
(d) Suspension of sentence; probation; parole<br />
In the case of any mandatory minimum sentence imposed under this<br />
section, imposition or execution of such sentence shall not be suspended and<br />
probation shall not be granted. An individual convicted under this section<br />
shall not be eligible for parole until the individual has served the mandatory<br />
minimum term of imprisonment as provided by this section.<br />
(e) Definitions
For the purposes of this section -<br />
(1) The term ''playground'' means any outdoor facility (including any<br />
parking lot appurtenant thereto) intended for recreation, open to the<br />
public, and with any portion thereof containing three or more separate<br />
apparatus intended for the recreation of children including, but not<br />
limited to, sliding boards, swingsets, and teeterboards.<br />
(2) The term ''youth center'' means any recreational facility and/or<br />
gymnasium (including any parking lot appurtenant thereto), intended<br />
primarily for use by persons under 18 years of age, which regularly<br />
provides athletic, civic, or cultural activities.<br />
(3) The term ''video arcade facility'' means any facility, legally<br />
accessible to persons under 18 years of age, intended primarily for the<br />
use of pinball and video machines for amusement containing a<br />
minimum of ten pinball and/or video machines.<br />
(4) The term ''swimming pool'' includes any parking lot appurtenant<br />
thereto.<br />
§ 861. Employment or use of persons under 18 years of age in drug<br />
operations.<br />
(a) Unlawful acts<br />
It shall be unlawful for any person at least eighteen years of age to<br />
knowingly and intentionally -<br />
(1) employ, hire, use, persuade, induce, entice, or coerce, a person<br />
under eighteen years of age to violate any provision of this subchapter<br />
or subchapter II of this chapter;<br />
(2) employ, hire, use, persuade, induce, entice, or coerce, a person<br />
under eighteen years of age to assist in avoiding detection or<br />
apprehension for any offense of this subchapter or subchapter II of<br />
this chapter by any Federal, State, or local law enforcement official; or<br />
(3) receive a controlled substance from a person under 18 years of<br />
age, other than an immediate family member, in violation of this<br />
subchapter or subchapter II of this chapter.<br />
(b) Penalty for first offense<br />
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<br />
supervised release otherwise authorized for a first offense. Except to the<br />
extent a greater minimum sentence is otherwise provided, a term of<br />
imprisonment under this subsection shall not be less than one year.<br />
(c) Penalty for subsequent offenses<br />
Any person who violates subsection (a) of this section after a prior<br />
conviction under subsection (a) of this section has become final, is subject to<br />
three times the maximum punishment otherwise authorized and at least<br />
three times any term of supervised release otherwise authorized for a first<br />
offense. Except to the extent a greater minimum sentence is otherwise<br />
provided, a term of imprisonment under this subsection shall not be less<br />
than one year. Penalties for third and subsequent convictions shall be<br />
governed by section 841(b)(1)(A) of this title.<br />
(d) Penalty for providing or distributing controlled substance<br />
to underage person<br />
Any person who violates subsection (a)(1) or (2) of this section (FOOTNOTE<br />
1) (FOOTNOTE 1) So in original. Probably should be followed by a dash.<br />
(1) by knowingly providing or distributing a controlled substance or a<br />
controlled substance analogue to any person under eighteen years of<br />
age; or<br />
(2) if the person employed, hired, or used is fourteen years of age or<br />
younger, shall be subject to a term of imprisonment for not more than<br />
five years or a fine of not more than $50,000, or both, in addition to<br />
any other punishment authorized by this section.<br />
(e) Suspension of sentence; probation; parole In any case of any sentence<br />
imposed under this section, imposition or execution of such sentence shall<br />
not be suspended and probation shall not be granted. An individual convicted<br />
under this section of an offense for which a mandatory minimum term of<br />
imprisonment is applicable shall not be eligible for parole under section 4202<br />
of title 18 (FOOTNOTE 2) until the individual has served the mandatory term<br />
of imprisonment as enhanced by this section.<br />
(FOOTNOTE 2) Section 4202 of title 18, referred to in subsec. (e), which, as<br />
originally enacted in Title 18, Crimes and Criminal Procedure, related to<br />
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.<br />
4201 et seq.) of Title 18, by Pub. L. 94-233, Sec. 2, Mar. 15, 1976, 90 Stat.<br />
219. For provisions relating to the eligibility of prisoners for parole, see<br />
section 4205 of Title 18. Pub. L. 98-473, title II, Sec. 218(a)(5), 235(a)(1),<br />
(b)(1), Oct. 12, 1984, 98 Stat. 2027, 2031, 2032, as amended, provided<br />
that, effective on the first day of the first calendar month beginning 36<br />
months after Oct. 12, 1984 (Nov. 1, 1987), chapter 311 of Title 18 is<br />
repealed, subject to remaining effective for five years after Nov. 1, 1987, in<br />
certain circumstances.<br />
(f) Distribution of controlled substance to pregnant individual<br />
Except as authorized by this subchapter, it shall be unlawful for any person<br />
to knowingly or intentionally provide or distribute any controlled substance<br />
to a pregnant individual in violation of any provision of this subchapter. Any<br />
person who violates this subsection shall be subject to the provisions of<br />
subsections (b), (c), and (e) of this section.<br />
§ 862. Denial of Federal benefits to drug traffickers and possessors.<br />
(a) Drug traffickers<br />
(1) Any individual who is convicted of any Federal or State<br />
offense consisting of the distribution of controlled substances<br />
shall -<br />
(A) at the discretion of the court, upon the first conviction<br />
for such an offense be ineligible for any or all Federal<br />
benefits for up to 5 years after such conviction;<br />
(B) at the discretion of the court, upon a second conviction<br />
for such an offense be ineligible for any or all Federal<br />
benefits for up to 10 years after such conviction; and<br />
(C) upon a third or subsequent conviction for such an<br />
offense be permanently ineligible for all Federal benefits.<br />
(2) The benefits which are denied under this subsection shall not<br />
include benefits relating to long-term drug treatment programs<br />
for addiction for any person who, if there is a reasonable body of<br />
evidence to substantiate such declaration, declares himself to be<br />
an addict and submits himself to a long-term treatment program<br />
for addiction, or is deemed to be rehabilitated pursuant to rules<br />
established by the Secretary of Health and Human Services.
(b) Drug possessors<br />
(1) Any individual who is convicted of any Federal or State<br />
offense involving the possession of a controlled substance (as<br />
such term is defined for purposes of this subchapter) shall -<br />
(A) upon the first conviction for such an offense and at the<br />
discretion of the court -<br />
(i) be ineligible for any or all Federal benefits for up to<br />
one year;<br />
(ii) be required to successfully complete an approved<br />
drug treatment program which includes periodic<br />
testing to insure that the individual remains drug free;<br />
(iii) be required to perform appropriate community<br />
service; or<br />
(iv) any combination of clause (i), (ii), or (iii); and<br />
(B) upon a second or subsequent conviction for such an<br />
offense be ineligible for all Federal benefits for up to 5 years<br />
after such conviction as determined by the court. The court<br />
shall continue to have the discretion in subparagraph (A)<br />
above. In imposing penalties and conditions under<br />
subparagraph (A), the court may require that the<br />
completion of the conditions imposed by clause (ii) or (iii)<br />
be a requirement for the reinstatement of benefits under<br />
clause (i).<br />
(2) The penalties and conditions which may be imposed under<br />
this subsection shall be waived in the case of a person who, if<br />
there is a reasonable body of evidence to substantiate such<br />
declaration, declares himself to be an addict and submits himself<br />
to a long-term treatment program for addiction, or is deemed to<br />
be rehabilitated pursuant to rules established by the Secretary of<br />
Health and Human Services.<br />
(c) Suspension of period of ineligibility<br />
The period of ineligibility referred to in subsections (a) and (b) of this section<br />
shall be suspended if the individual -<br />
(A) completes a supervised drug rehabilitation program after becoming<br />
ineligible under this section;<br />
(B) has otherwise been rehabilitated; or<br />
(C) has made a good faith effort to gain admission to a supervised
drug rehabilitation program, but is unable to do so because of<br />
inaccessibility or unavailability of such a program, or the inability of<br />
the individual to pay for such a program.<br />
(d) Definitions<br />
As used in this section -<br />
(1) the term ''Federal benefit'' -<br />
(A) means the issuance of any grant, contract, loan, professional<br />
license, or commercial license provided by an agency of the<br />
United States or by appropriated funds of the United States; and<br />
(B) does not include any retirement, welfare, Social Security,<br />
health, disability, veterans benefit, public housing, or other<br />
similar benefit, or any other benefit for which payments or<br />
services are required for eligibility; and<br />
(2) the term ''veterans benefit'' means all benefits provided to<br />
veterans, their families, or survivors by virtue of the service of a<br />
veteran in the Armed Forces of the United States.<br />
(e) Inapplicability of this section to Government witnesses<br />
The penalties provided by this section shall not apply to any individual who<br />
cooperates or testifies with the Government in the prosecution of a Federal<br />
or State offense or who is in a Government witness protection program.<br />
(f) Indian provision<br />
Nothing in this section shall be construed to affect the obligation of the<br />
United States to any Indian or Indian tribe arising out of any treaty, statute,<br />
Executive order, or the trust responsibility of the United States owing to<br />
such Indian or Indian tribe. Nothing in this subsection shall exempt any<br />
individual Indian from the sanctions provided for in this section, provided<br />
that no individual Indian shall be denied any benefit under Federal Indian<br />
programs comparable to those described in subsection (d)(1)(B) or (d)(2) of<br />
this section.<br />
(g) Presidential report<br />
(1) On or before May 1, 1989, the President shall transmit to the<br />
Congress a report -
(A) delineating the role of State courts in implementing this<br />
section;<br />
(B) describing the manner in which Federal agencies will<br />
implement and enforce the requirements of this section;<br />
(C) detailing the means by which Federal and State<br />
agencies, courts, and law enforcement agencies will<br />
exchange and share the data and information necessary to<br />
implement and enforce the withholding of Federal benefits;<br />
and<br />
(D) recommending any modifications to improve the<br />
administration of this section or otherwise achieve the goal<br />
of discouraging the trafficking and possession of controlled<br />
substances.<br />
(2) No later than September 1, 1989, the Congress shall<br />
consider the report of the President and enact such changes as it<br />
deems appropriate to further the goals of this section.<br />
(h) Effective date<br />
The denial of Federal benefits set forth in this section shall take effect for<br />
convictions occurring after September 1, 1989.<br />
§ 863. Drug paraphernalia.<br />
(a) In general<br />
It is unlawful for any person -<br />
(1) to sell or offer for sale drug paraphernalia;<br />
(2) to use the mails or any other facility of interstate commerce to<br />
transport drug paraphernalia; or<br />
(3) to import or export drug paraphernalia.<br />
(b) Penalties<br />
Anyone convicted of an offense under subsection (a) of this section shall be<br />
imprisoned for not more than three years and fined under title 18.<br />
(c) Seizure and forfeiture<br />
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<br />
person for such violation. Any such paraphernalia shall be delivered to the<br />
Administrator of General Services, General Services Administration, who<br />
may order such paraphernalia destroyed or may authorize its use for law<br />
enforcement or educational purposes by Federal, State, or local authorities.<br />
(d) ''Drug paraphernalia'' defined<br />
The term ''drug paraphernalia'' means any equipment, product, or material<br />
of any kind which is primarily intended or designed for use in manufacturing,<br />
compounding, converting, concealing, producing, processing, preparing,<br />
injecting, ingesting, inhaling, or otherwise introducing into the human body a<br />
controlled substance, possession of which is unlawful under this subchapter.<br />
It includes items primarily intended or designed for use in ingesting,<br />
inhaling, or otherwise introducing marijuana, (FOOTNOTE 1) cocaine,<br />
hashish, hashish oil, PCP, or amphetamines into the human body, such as -<br />
(FOOTNOTE 1) So in original. Probably should be ''marihuana,''.<br />
(1) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with<br />
or without screens, permanent screens, hashish heads, or punctured<br />
metal bowls;<br />
(2) water pipes;<br />
(3) carburetion tubes and devices;<br />
(4) smoking and carburetion masks;<br />
(5) roach clips: meaning objects used to hold burning material, such<br />
as a marihuana cigarette, that has become too small or too short to be<br />
held in the hand;<br />
(6) miniature spoons with level capacities of one-tenth cubic<br />
centimeter or less;<br />
(7) chamber pipes;<br />
(8) carburetor pipes;<br />
(9) electric pipes;<br />
(10) air-driven pipes;<br />
(11) chillums;<br />
(12) bongs;<br />
(13) ice pipes or chillers;<br />
(14) wired cigarette papers; or<br />
(15) cocaine freebase kits.<br />
(e) Matters considered in determination of what constitutes<br />
drug paraphernalia
In determining whether an item constitutes drug paraphernalia, in addition<br />
to all other logically relevant factors, the following may be considered:<br />
(1) instructions, oral or written, provided with the item concerning its<br />
use;<br />
(2) descriptive materials accompanying the item which explain or<br />
depict its use;<br />
(3) national and local advertising concerning its use;<br />
(4) the manner in which the item is displayed for sale;<br />
(5) whether the owner, or anyone in control of the item, is a legitimate<br />
supplier of like or related items to the community, such as a licensed<br />
distributor or dealer of tobacco products;<br />
(6) direct or circumstantial evidence of the ratio of sales of the item(s)<br />
to the total sales of the business enterprise;<br />
(7) the existence and scope of legitimate uses of the item in the<br />
community; and<br />
(8) expert testimony concerning its use.<br />
(f) Exemptions<br />
This section shall not apply to -<br />
(1) any person authorized by local, State, or Federal law to<br />
manufacture, possess, or distribute such items; or<br />
(2) any item that, in the normal lawful course of business, is imported,<br />
exported, transported, or sold through the mail or by any other<br />
means, and traditionally intended for use with tobacco products,<br />
including any pipe, paper, or accessory.<br />
Return to top<br />
PART E - ADMINISTRATIVE AND ENFORCEMENT PROVISIONS<br />
§ 871. Attorney General.<br />
(a) Delegation of functions<br />
The Attorney General may delegate any of his functions under this
subchapter to any officer or employee of the Department of Justice.<br />
(b) Rules and regulations<br />
The Attorney General may promulgate and enforce any rules, regulations,<br />
and procedures which he may deem necessary and appropriate for the<br />
efficient execution of his functions under this subchapter.<br />
(c) Acceptance of devices, bequests, gifts, and donations<br />
The Attorney General may accept in the name of the Department of Justice<br />
any form of device, bequest, gift, or donation where the donor intends to<br />
donate property for the purpose of preventing or controlling the abuse of<br />
controlled substances. He may take all appropriate steps to secure<br />
possession of such property and may sell, assign, transfer, or convey any<br />
such property other than moneys.<br />
§ 872. Education and research programs of Attorney General.<br />
(a) Authorization<br />
The Attorney General is authorized to carry out educational and research<br />
programs directly related to enforcement of the laws under his jurisdiction<br />
concerning drugs or other substances which are or may be subject to control<br />
under this subchapter. Such programs may include -<br />
(1) educational and training programs on drug abuse and controlled<br />
substances law enforcement for local, State, and Federal personnel;<br />
(2) studies or special projects designed to compare the deterrent<br />
effects of various enforcement strategies on drug use and abuse;<br />
(3) studies or special projects designed to assess and detect<br />
accurately the presence in the human body of drugs or other<br />
substances which are or may be subject to control under this<br />
subchapter, including the development of rapid field identification<br />
methods which would enable agents to detect microquantities of such<br />
drugs or other substances;<br />
(4) studies or special projects designed to evaluate the nature and<br />
sources of the supply of illegal drugs throughout the country;<br />
(5) studies or special projects to develop more effective methods to<br />
prevent diversion of controlled substances into illegal channels; and
(6) studies or special projects to develop information necessary to<br />
carry out his functions under section 811 of this title.<br />
(b) Contracts<br />
The Attorney General may enter into contracts for such educational and<br />
research activities without performance bonds and without regard to section<br />
5 of title 41.<br />
(c) Identification of research populations; authorization to<br />
withhold<br />
The Attorney General may authorize persons engaged in research to<br />
withhold the names and other identifying characteristics of persons who are<br />
the subjects of such research. Persons who obtain this authorization may not<br />
be compelled in any Federal, State, or local civil, criminal, administrative,<br />
legislative, or other proceeding to identify the subjects of research for which<br />
such authorization was obtained.<br />
(d) Affect of treaties and other international agreements on<br />
confidentiality<br />
Nothing in the Single Convention on Narcotic Drugs, the Convention on<br />
Psychotropic <strong>Substances</strong>, or other treaties or international agreements shall<br />
be construed to limit, modify, or prevent the protection of the confidentiality<br />
of patient records or of the names and other identifying characteristics of<br />
research subjects as provided by any Federal, State, or local law or<br />
regulation.<br />
(e) Use of controlled substances in research<br />
The Attorney General, on his own motion or at the request of the Secretary,<br />
may authorize the possession, distribution, and dispensing of controlled<br />
substances by persons engaged in research. Persons who obtain this<br />
authorization shall be exempt from State or Federal prosecution for<br />
possession, distribution, and dispensing of controlled substances to the<br />
extent authorized by the Attorney General.<br />
(f) Program to curtail diversion of precursor and essential<br />
chemicals
The Attorney General shall maintain an active program, both domestic and<br />
international, to curtail the diversion of precursor chemicals and essential<br />
chemicals used in the illicit manufacture of controlled substances.<br />
§ 873. Cooperative arrangements.<br />
(a) Cooperation of Attorney General with local, State, and<br />
Federal agencies<br />
The Attorney General shall cooperate with local, State, and Federal agencies<br />
concerning traffic in controlled substances and in suppressing the abuse of<br />
controlled substances. To this end, he is authorized to -<br />
(1) arrange for the exchange of information between governmental<br />
officials concerning the use and abuse of controlled substances;<br />
(2) cooperate in the institution and prosecution of cases in the courts<br />
of the United States and before the licensing boards and courts of the<br />
several States;<br />
(3) conduct training programs on controlled substance law<br />
enforcement for local, State, and Federal personnel;<br />
(4) maintain in the Department of Justice a unit which will accept,<br />
catalog, file, and otherwise utilize all information and statistics,<br />
including records of controlled substance abusers and other controlled<br />
substance law offenders, which may be received from Federal, State,<br />
and local agencies, and make such information available for Federal,<br />
State, and local law enforcement purposes;<br />
(5) conduct programs of eradication aimed at destroying wild or illicit<br />
growth of plant species from which controlled substances may be<br />
extracted;<br />
(6) assist State and local governments in suppressing the diversion of<br />
controlled substances from legitimate medical, scientific, and<br />
commercial channels by -<br />
(A) making periodic assessments of the capabilities of State and<br />
local governments to adequately control the diversion of<br />
controlled substances;<br />
(B) providing advice and counsel to State and local governments<br />
on the methods by which such governments may strengthen<br />
their controls against diversion; and<br />
(C) establishing cooperative investigative efforts to control<br />
diversion; and
(7) notwithstanding any other provision of law, enter into contractual<br />
agreements with State and local law enforcement agencies to provide<br />
for cooperative enforcement and regulatory activities under this<br />
chapter. (FOOTNOTE 1)<br />
(FOOTNOTE 1) This chapter, referred to in subsec. (a)(7), was in the original<br />
as added by Pub. L. 99-646 ''this <strong>Act</strong>'', meaning Pub. L. 91-513, Oct. 27,<br />
1970, 84 Stat. 1236, as amended. In the subsec. (a)(7) added by Pub. L.<br />
99-570, the reference was ''this title'', meaning title II of Pub. L. 91-513<br />
which is popularly known as the ''<strong>Controlled</strong> <strong>Substances</strong> <strong>Act</strong>'' and is<br />
classified principally to this subchapter. For complete classification of this <strong>Act</strong><br />
and title II to the Code, see Short Title note set out under section 801 of this<br />
title and Tables.<br />
Schedule II, referred to in subsec. (c), is set out in section 812(c) of this<br />
title.<br />
(b) Requests by Attorney General for assistance from Federal<br />
agencies or instrumentalities<br />
When requested by the Attorney General, it shall be the duty of any agency<br />
or instrumentality of the Federal Government to furnish assistance, including<br />
technical advice, to him for carrying out his functions under this subchapter;<br />
except that no such agency or instrumentality shall be required to furnish<br />
the name of, or other identifying information about, a patient or research<br />
subject whose identity it has undertaken to keep confidential.<br />
(c) Descriptive and analytic reports by Attorney General to<br />
State agencies of distribution patterns of schedule II<br />
substances having highest rates of abuse<br />
The Attorney General shall annually (1) select the controlled substances (or<br />
controlled substances) contained in schedule II which, in the Attorney<br />
General's discretion, is determined to have the highest rate of abuse, and<br />
(2) prepare and make available to regulatory, licensing, and law<br />
enforcement agencies of States descriptive and analytic reports on the<br />
actual distribution patterns in such States of each such controlled substance.<br />
(d) Grants by Attorney General<br />
(1) The Attorney General may make grants, in accordance with
paragraph (2), to State and local governments to assist in<br />
meeting the costs of -<br />
(A) collecting and analyzing data on the diversion of<br />
controlled substances,<br />
(B) conducting investigations and prosecutions of such<br />
diversions,<br />
(C) improving regulatory controls and other authorities to<br />
control such diversions,<br />
(D) programs to prevent such diversions,<br />
(E) preventing and detecting f<strong>org</strong>ed prescriptions, and<br />
(F) training law enforcement and regulatory personnel to<br />
improve the control of such diversions.<br />
(2) No grant may be made under paragraph (1) unless an<br />
application therefor is submitted to the Attorney General in such<br />
form and manner as the Attorney General may prescribe. No<br />
grant may exceed 80 per centum of the costs for which the grant<br />
is made, and no grant may be made unless the recipient of the<br />
grant provides assurances satisfactory to the Attorney General<br />
that it will obligate funds to meet the remaining 20 per centum<br />
of such costs. The Attorney General shall review the activities<br />
carried out with grants under paragraph (1) and shall report<br />
annually to Congress on such activities.<br />
(3) To carry out this subsection there is authorized to be<br />
appropriated $6,000,000 for fiscal year 1985 and $6,000,000 for<br />
fiscal year 1986.<br />
§ 874. Advisory committees.<br />
The Attorney General may from time to time appoint committees to advise<br />
him with respect to preventing and controlling the abuse of controlled<br />
substances. Members of the committees may be entitled to receive<br />
compensation at the rate of $100 for each day (including traveltime) during<br />
which they are engaged in the actual performance of duties. While traveling<br />
on official business in the performance of duties for the committees,<br />
members of the committees shall be allowed expenses of travel, including<br />
per diem instead of subsistence, in accordance with subchapter I of chapter<br />
57 of title 5.<br />
§ 875. Administrative hearings.<br />
(a) Power of Attorney General
In carrying out his functions under this subchapter, the Attorney General<br />
may hold hearings, sign and issue subpenas, administer oaths, examine<br />
witnesses, and receive evidence at any place in the United States.<br />
(b) Procedures applicable<br />
Except as otherwise provided in this subchapter, notice shall be given and<br />
hearings shall be conducted under appropriate procedures of subchapter II<br />
of chapter 5 of title 5.<br />
§ 876. Subpenas.<br />
(a) Authorization of use by Attorney General<br />
In any investigation relating to his functions under this subchapter with<br />
respect to controlled substances, listed chemicals, tableting machines, or<br />
encapsulating machines, the Attorney General may subpena witnesses,<br />
compel the attendance and testimony of witnesses, and require the<br />
production of any records (including books, papers, documents, and other<br />
tangible things which constitute or contain evidence) which the Attorney<br />
General finds relevant or material to the investigation. The attendance of<br />
witnesses and the production of records may be required from any place in<br />
any State or in any territory or other place subject to the jurisdiction of the<br />
United States at any designated place of hearing; except that a witness shall<br />
not be required to appear at any hearing more than 500 miles distant from<br />
the place where he was served with a subpena. Witnesses summoned under<br />
this section shall be paid the same fees and mileage that are paid witnesses<br />
in the courts of the United States.<br />
(b) Service<br />
A subpena issued under this section may be served by any person<br />
designated in the subpena to serve it. Service upon a natural person may be<br />
made by personal delivery of the subpena to him. Service may be made<br />
upon a domestic or foreign corporation or upon a partnership or other<br />
unincorporated association which is subject to suit under a common name,<br />
by delivering the subpena to an officer, to a managing or general agent, or<br />
to any other agent authorized by appointment or by law to receive service of<br />
process. The affidavit of the person serving the subpena entered a true copy
thereof by the person serving it shall be proof of service.<br />
(c) Enforcement<br />
In the case of contumacy by or refusal to obey a subpena issued to any<br />
person, the Attorney General may invoke the aid of any court of the United<br />
States within the jurisdiction of which the investigation is carried on or of<br />
which the subpenaed person is an inhabitant, or in which he carries on<br />
business or may be found, to compel compliance with the subpena. The<br />
court may issue an order requiring the subpenaed person to appear before<br />
the Attorney General to produce records, if so ordered, or to give testimony<br />
touching the matter under investigation. Any failure to obey the order of the<br />
court may be punished by the court as a contempt thereof. All process in<br />
any such case may be served in any judicial district in which such person<br />
may be found.<br />
§ 877. Judicial review.<br />
All final determinations, findings, and conclusions of the Attorney General<br />
under this subchapter shall be final and conclusive decisions of the matters<br />
involved, except that any person aggrieved by a final decision of the<br />
Attorney General may obtain review of the decision in the United States<br />
Court of Appeals for the District of Columbia or for the circuit in which his<br />
principal place of business is located upon petition filed with the court and<br />
delivered to the Attorney General within thirty days after notice of the<br />
decision. Findings of fact by the Attorney General, if supported by substantial<br />
evidence, shall be conclusive.<br />
§ 878. Powers of enforcement personnel.<br />
(a) Any officer or employee of the Drug Enforcement Administration or<br />
any State or local law enforcement officer designated by the Attorney<br />
General may -<br />
(1) carry firearms;<br />
(2) execute and serve search warrants, arrest warrants,<br />
administrative inspection warrants, subpenas, and summonses<br />
issued under the authority of the United States;<br />
(3) make arrests without warrant (A) for any offense against the<br />
United States committed in his presence, or (B) for any felony,<br />
cognizable under the laws of the United States, if he has<br />
probable cause to believe that the person to be arrested has
committed or is committing a felony;<br />
(4) make seizures of property pursuant to the provisions of this<br />
subchapter; and<br />
(5) perform such other law enforcement duties as the Attorney<br />
General may designate.<br />
(b) State and local law enforcement officers performing functions<br />
under this section shall not be deemed Federal employees and shall<br />
not be subject to provisions of law relating to Federal employees,<br />
except that such officers shall be subject to section 3374(c) of title 5.<br />
§ 879. Search warrants.<br />
A search warrant relating to offenses involving controlled substances may be<br />
served at any time of the day or night if the judge or United States<br />
magistrate judge issuing the warrant is satisfied that there is probable cause<br />
to believe that grounds exist for the warrant and for its service at such time.<br />
§ 880. Administrative inspections and warrants.<br />
(a) ''<strong>Controlled</strong> premises'' defined<br />
As used in this section, the term ''controlled premises'' means -<br />
(1) places where original or other records or documents required<br />
under this subchapter are kept or required to be kept, and<br />
(2) places, including factories, warehouses, and other establishments,<br />
and conveyances, where persons registered under section 823 of this<br />
title (or exempt from registration under section 822(d) of this title or<br />
by regulation of the Attorney General) or regulated persons may<br />
lawfully hold, manufacture, distribute, dispense, administer, or<br />
otherwise dispose of controlled substances or listed chemicals or<br />
where records relating to those activities are maintained.<br />
(b) Grant of authority; scope of inspections<br />
(1) For the purpose of inspecting, copying, and verifying the<br />
correctness of records, reports, or other documents required to<br />
be kept or made under this subchapter and otherwise facilitating<br />
the carrying out of his functions under this subchapter, the<br />
Attorney General is authorized, in accordance with this section,<br />
to enter controlled premises and to conduct administrative
inspections thereof, and of the things specified in this section,<br />
relevant to those functions.<br />
(2) Such entries and inspections shall be carried out through<br />
officers or employees (hereinafter referred to as ''inspectors'')<br />
designated by the Attorney General. Any such inspector, upon<br />
stating his purpose and presenting to the owner, operator, or<br />
agent in charge of such premises (A) appropriate credentials and<br />
(B) a written notice of his inspection authority (which notice in<br />
the case of an inspection requiring, or in fact supported by, an<br />
administrative inspection warrant shall consist of such warrant),<br />
shall have the right to enter such premises and conduct such<br />
inspection at reasonable times.<br />
(3) Except as may otherwise be indicated in an applicable<br />
inspection warrant, the inspector shall have the right -<br />
(A) to inspect and copy records, reports, and other<br />
documents required to be kept or made under this<br />
subchapter;<br />
(B) to inspect, within reasonable limits and in a reasonable<br />
manner, controlled premises and all pertinent equipment,<br />
finished and unfinished drugs, listed chemicals, and other<br />
substances or materials, containers, and labeling found<br />
therein, and, except as provided in paragraph (4) of this<br />
subsection, all other things therein (including records, files,<br />
papers, processes, controls, and facilities) appropriate for<br />
verification of the records, reports, and documents referred<br />
to in clause (A) or otherwise bearing on the provisions of<br />
this subchapter; and<br />
(C) to inventory any stock of any controlled substance or<br />
listed chemical therein and obtain samples of any such<br />
substance or chemical.<br />
(4) Except when the owner, operator, or agent in charge of the<br />
controlled premises so consents in writing, no inspection<br />
authorized by this section shall extend to -<br />
(A) financial data;<br />
(B) sales data other than shipment data; or<br />
(C) pricing data.<br />
(c) Situations not requiring warrants<br />
A warrant under this section shall not be required for the inspection of books
and records pursuant to an administrative subpena issued in accordance<br />
with section 876 of this title, nor for entries and administrative inspections<br />
(including seizures of property) -<br />
(1) with the consent of the owner, operator, or agent in charge of the<br />
controlled premises;<br />
(2) in situations presenting imminent danger to health or safety;<br />
(3) in situations involving inspection of conveyances where there is<br />
reasonable cause to believe that the mobility of the conveyance<br />
makes it impracticable to obtain a warrant;<br />
(4) in any other exceptional or emergency circumstance where time or<br />
opportunity to apply for a warrant is lacking; or<br />
(5) in any other situations where a warrant is not constitutionally<br />
required.<br />
(d) Administrative inspection warrants; issuance; execution;<br />
probable cause<br />
Issuance and execution of administrative inspection warrants shall be as<br />
follows:<br />
(1) Any judge of the United States or of a State court of record, or any<br />
United States magistrate judge, may, within his territorial jurisdiction,<br />
and upon proper oath or affirmation showing probable cause, issue<br />
warrants for the purpose of conducting administrative inspections<br />
authorized by this subchapter or regulations thereunder, and seizures<br />
of property appropriate to such inspections. For the purposes of this<br />
section, the term ''probable cause'' means a valid public interest in the<br />
effective enforcement of this subchapter or regulations thereunder<br />
sufficient to justify administrative inspections of the area, premises,<br />
building, or conveyance, or contents thereof, in the circumstances<br />
specified in the application for the warrant.<br />
(2) A warrant shall issue only upon an affidavit of an officer or<br />
employee having knowledge of the facts alleged, sworn to before the<br />
judge or magistrate judge and establishing the grounds for issuing the<br />
warrant. If the judge or magistrate judge is satisfied that grounds for<br />
the application exist or that there is probable cause to believe they<br />
exist, he shall issue a warrant identifying the area, premises, building,<br />
or conveyance to be inspected, the purpose of such inspection, and,<br />
where appropriate, the type of property to be inspected, if any. The<br />
warrant shall identify the items or types of property to be seized, if
any. The warrant shall be directed to a person authorized under<br />
subsection (b)(2) of this section to execute it. The warrant shall state<br />
the grounds for its issuance and the name of the person or persons<br />
whose affidavit has been taken in support thereof. It shall command<br />
the person to whom it is directed to inspect the area, premises,<br />
building, or conveyance identified for the purpose specified, and,<br />
where appropriate, shall direct the seizure of the property specified.<br />
The warrant shall direct that it be served during normal business<br />
hours. It shall designate the judge or magistrate judge to whom it<br />
shall be returned.<br />
(3) A warrant issued pursuant to this section must be executed and<br />
returned within ten days of its date unless, upon a showing by the<br />
United States of a need therefor, the judge or magistrate judge allows<br />
additional time in the warrant. If property is seized pursuant to a<br />
warrant, the person executing the warrant shall give to the person<br />
from whom or from whose premises the property was taken a copy of<br />
the warrant and a receipt for the property taken or shall leave the<br />
copy and receipt at the place from which the property was taken. The<br />
return of the warrant shall be made promptly and shall be<br />
accompanied by a written inventory of any property taken. The<br />
inventory shall be made in the presence of the person executing the<br />
warrant and of the person from whose possession or premises the<br />
property was taken, if they are present, or in the presence of at least<br />
one credible person other than the person making such inventory, and<br />
shall be verified by the person executing the warrant. The judge or<br />
magistrate judge, upon request, shall deliver a copy of the inventory<br />
to the person from whom or from whose premises the property was<br />
taken and the applicant for the warrant.<br />
(4) The judge or magistrate judge who has issued a warrant under<br />
this section shall attach to the warrant a copy of the return and all<br />
papers filed in connection therewith and shall file them with the clerk<br />
of the district court of the United States for the judicial district in<br />
which the inspection was made.<br />
§ 881. Forfeitures.<br />
(a) Subject property<br />
The following shall be subject to forfeiture to the United States and no<br />
property right shall exist in them:
(1) All controlled substances which have been manufactured,<br />
distributed, dispensed, or acquired in violation of this subchapter.<br />
(2) All raw materials, products, and equipment of any kind which are<br />
used, or intended for use, in manufacturing, compounding, processing,<br />
delivering, importing, or exporting any controlled substance in<br />
violation of this subchapter.<br />
(3) All property which is used, or intended for use, as a container for<br />
property described in paragraph (1), (2), or (9).<br />
(4) All conveyances, including aircraft, vehicles, or vessels, which are<br />
used, or are intended for use, to transport, or in any manner to<br />
facilitate the transportation, sale, receipt, possession, or concealment<br />
of property described in paragraph (1), (2), or (9), except that -<br />
(A) no conveyance used by any person as a common carrier in<br />
the transaction of business as a common carrier shall be forfeited<br />
under the provisions of this section unless it shall appear that<br />
the owner or other person in charge of such conveyance was a<br />
consenting party or privy to a violation of this subchapter or<br />
subchapter II of this chapter;<br />
(B) no conveyance shall be forfeited under the provisions of this<br />
section by reason of any act or omission established by the<br />
owner thereof to have been committed or omitted by any person<br />
other than such owner while such conveyance was unlawfully in<br />
the possession of a person other than the owner in violation of<br />
the criminal laws of the United States, or of any State; and<br />
(C) no conveyance shall be forfeited under this paragraph to the<br />
extent of an interest of an owner, by reason of any act or<br />
omission established by that owner to have been committed or<br />
omitted without the knowledge, consent, or willful blindness of<br />
the owner.<br />
(5) All books, records, and research, including formulas, microfilm,<br />
tapes, and data which are used, or intended for use, in violation of this<br />
subchapter.<br />
(6) All moneys, negotiable instruments, securities, or other things of<br />
value furnished or intended to be furnished by any person in exchange<br />
for a controlled substance in violation of this subchapter, all proceeds<br />
traceable to such an exchange, and all moneys, negotiable<br />
instruments, and securities used or intended to be used to facilitate<br />
any violation of this subchapter, except that no property shall be<br />
forfeited under this paragraph, to the extent of the interest of an<br />
owner, by reason of any act or omission established by that owner to<br />
have been committed or omitted without the knowledge or consent of
that owner.<br />
(7) All real property, including any right, title, and interest (including<br />
any leasehold interest) in the whole of any lot or tract of land and any<br />
appurtenances or improvements, which is used, or intended to be<br />
used, in any manner or part, to commit, or to facilitate the<br />
commission of, a violation of this subchapter punishable by more than<br />
one year's imprisonment, except that no property shall be forfeited<br />
under this paragraph, to the extent of an interest of an owner, by<br />
reason of any act or omission established by that owner to have been<br />
committed or omitted without the knowledge or consent of that owner.<br />
(8) All controlled substances which have been possessed in violation of<br />
this subchapter.<br />
(9) All listed chemicals, all drug manufacturing equipment, all tableting<br />
machines, all encapsulating machines, and all gelatin capsules, which<br />
have been imported, exported, manufactured, possessed, distributed,<br />
or intended to be distributed, imported, or exported, in violation of a<br />
felony provision of this subchapter or subchapter II of this chapter.<br />
(10) Any drug paraphernalia (as defined in section 1822 of the Mail<br />
Order Drug Paraphernalia Control <strong>Act</strong>). (FOOTNOTE 1)<br />
(FOOTNOTE 1) Section 1822 of the Mail Order Drug Paraphernalia<br />
Control <strong>Act</strong>, referred to in subsec. (a)(10), is section 1822 of Pub. L.<br />
99-570, title I, Oct. 27, 1986, 100 Stat. 3207-51, which was repealed<br />
by Pub. L. 101-647, title XXIV, Sec. 2401(d), Nov. 29, 1990, 104 Stat.<br />
4859. Prior to repeal, subsec. (d) of section 1822 of Pub. L. 99-570,<br />
which defined ''drug paraphernalia'', was transferred to subsec. (d) of<br />
section 422 of title II of Pub. L. 91-513, the <strong>Controlled</strong> <strong>Substances</strong><br />
<strong>Act</strong>. Section 422 of Pub. L. 91-513 is classified to section 863 of this<br />
title.<br />
(11) Any firearm (as defined in section 921 of title 18) used or<br />
intended to be used to facilitate the transportation, sale, receipt,<br />
possession, or concealment of property described in paragraph (1) or<br />
(2) and any proceeds traceable to such property.<br />
(b) Seizure pursuant to Supplemental Rules for Certain<br />
Admiralty and Maritime Claims; issuance of warrant<br />
authorizing seizure<br />
Any property subject to civil forfeiture to the United States under this<br />
subchapter may be seized by the Attorney General upon process issued
pursuant to the Supplemental Rules for Certain Admiralty and Maritime<br />
Claims by any district court of the United States having jurisdiction over the<br />
property, except that seizure without such process may be made when -<br />
(1) the seizure is incident to an arrest or a search under a search<br />
warrant or an inspection under an administrative inspection warrant;<br />
(2) the property subject to seizure has been the subject of a prior<br />
judgment in favor of the United States in a criminal injunction or<br />
forfeiture proceeding under this subchapter;<br />
(3) the Attorney General has probable cause to believe that the<br />
property is directly or indirectly dangerous to health or safety; or<br />
(4) the Attorney General has probable cause to believe that the<br />
property is subject to civil forfeiture under this subchapter.<br />
In the event of seizure pursuant to paragraph (3) or (4) of this subsection,<br />
proceedings under subsection (d) of this section shall be instituted promptly.<br />
The Government may request the issuance of a warrant authorizing the<br />
seizure of property subject to forfeiture under this section in the same<br />
manner as provided for a search warrant under the Federal Rules of Criminal<br />
Procedure.<br />
(c) Custody of Attorney General<br />
Property taken or detained under this section shall not be repleviable, but<br />
shall be deemed to be in the custody of the Attorney General, subject only<br />
to the orders and decrees of the court or the official having jurisdiction<br />
thereof. Whenever property is seized under any of the provisions of this<br />
subchapter, the Attorney General may -<br />
(1) place the property under seal;<br />
(2) remove the property to a place designated by him; or<br />
(3) require that the General Services Administration take custody of<br />
the property and remove it, if practicable, to an appropriate location<br />
for disposition in accordance with law.<br />
(d) Other laws and proceedings applicable<br />
The provisions of law relating to the seizure, summary and judicial forfeiture,<br />
and condemnation of property for violation of the customs laws; the<br />
disposition of such property or the proceeds from the sale thereof; the<br />
remission or mitigation of such forfeitures; and the compromise of claims
shall apply to seizures and forfeitures incurred, or alleged to have been<br />
incurred, under any of the provisions of this subchapter, insofar as<br />
applicable and not inconsistent with the provisions hereof; except that such<br />
duties as are imposed upon the customs officer or any other person with<br />
respect to the seizure and forfeiture of property under the customs laws<br />
shall be performed with respect to seizures and forfeitures of property under<br />
this subchapter by such officers, agents, or other persons as may be<br />
authorized or designated for that purpose by the Attorney General, except to<br />
the extent that such duties arise from seizures and forfeitures effected by<br />
any customs officer.<br />
(e) Disposition of forfeited property<br />
(1) Whenever property is civilly or criminally forfeited under this<br />
subchapter the Attorney General may -<br />
(A) retain the property for official use or, in the manner<br />
provided with respect to transfers under section 1616a of<br />
title 19, transfer the property to any Federal agency or to<br />
any State or local law enforcement agency which<br />
participated directly in the seizure or forfeiture of the<br />
property;<br />
(B) except as provided in paragraph (4), sell, by public sale<br />
or any other commercially feasible means, any forfeited<br />
property which is not required to be destroyed by law and<br />
which is not harmful to the public;<br />
(C) require that the General Services Administration take<br />
custody of the property and dispose of it in accordance with<br />
law;<br />
(D) forward it to the Bureau of Narcotics and Dangerous<br />
Drugs for disposition (including delivery for medical or<br />
scientific use to any Federal or State agency under<br />
regulations of the Attorney General); or<br />
(E) transfer the forfeited personal property or the proceeds<br />
of the sale of any forfeited personal or real property to any<br />
foreign country which participated directly or indirectly in<br />
the seizure or forfeiture of the property, if such a transfer -<br />
(i) has been agreed to by the Secretary of State;<br />
(ii) is authorized in an international agreement<br />
between the United States and the foreign country;<br />
and<br />
(iii) is made to a country which, if applicable, has been
(2)<br />
certified under section 2291j(b) of title 22.<br />
(A) The proceeds from any sale under subparagraph (B) of<br />
paragraph (1) and any moneys forfeited under this<br />
subchapter shall be used to pay -<br />
(i) all property expenses of the proceedings for<br />
forfeiture and sale including expenses of seizure,<br />
maintenance of custody, advertising, and court costs;<br />
and<br />
(ii) awards of up to $100,000 to any individual who<br />
provides original information which leads to the arrest<br />
and conviction of a person who kills or kidnaps a<br />
Federal drug law enforcement agent. Any award paid<br />
for information concerning the killing or kidnapping of<br />
a Federal drug law enforcement agent, as provided in<br />
clause (ii), shall be paid at the discretion of the<br />
Attorney General.<br />
(B) The Attorney General shall forward to the Treasurer of<br />
the United States for deposit in accordance with section<br />
524(c) of title 28, any amounts of such moneys and<br />
proceeds remaining after payment of the expenses provided<br />
in subparagraph (A), except that, with respect to forfeitures<br />
conducted by the Postal Service, the Postal Service shall<br />
deposit in the Postal Service Fund, under section<br />
2003(b)(7) of title 39, such moneys and proceeds.<br />
(3) The Attorney General shall assure that any property<br />
transferred to a State or local law enforcement agency under<br />
paragraph (1)(A) -<br />
(4)<br />
(A) has a value that bears a reasonable relationship to the<br />
degree of direct participation of the State or local agency in<br />
the law enforcement effort resulting in the forfeiture, taking<br />
into account the total value of all property forfeited and the<br />
total law enforcement effort with respect to the violation of<br />
law on which the forfeiture is based; and<br />
(B) will serve to encourage further cooperation between the<br />
recipient State or local agency and Federal law enforcement<br />
agencies.<br />
(A) With respect to real property described in subparagraph
(B), if the chief executive officer of the State involved<br />
submits to the Attorney General a request for purposes of<br />
such subparagraph, the authority established in such<br />
subparagraph is in lieu of the authority established in<br />
paragraph (1)(B).<br />
(B) In the case of property described in paragraph (1)(B)<br />
that is civilly or criminally forfeited under this subchapter, if<br />
the property is real property that is appropriate for use as a<br />
public area reserved for recreational or historic purposes or<br />
for the preservation of natural conditions, the Attorney<br />
General, upon the request of the chief executive officer of<br />
the State in which the property is located, may transfer title<br />
to the property to the State, either without charge or for a<br />
nominal charge, through a legal instrument providing that -<br />
(i) such use will be the principal use of the property;<br />
and<br />
(ii) title to the property reverts to the United States in<br />
the event that the property is used otherwise.<br />
(f) Forfeiture and destruction of schedule I and II substances<br />
(1) All controlled substances in schedule I or II that are<br />
possessed, transferred, sold, or offered for sale in violation of the<br />
provisions of this subchapter; all dangerous, toxic, or hazardous<br />
raw materials or products subject to forfeiture under subsection<br />
(a)(2) of this section; and any equipment or container subject to<br />
forfeiture under subsection (a)(2) or (3) of this section which<br />
cannot be separated safely from such raw materials or products<br />
shall be deemed contraband and seized and summarily forfeited<br />
to the United States. Similarly, all substances in schedule I or II,<br />
which are seized or come into the possession of the United<br />
States, the owners of which are unknown, shall be deemed<br />
contraband and summarily forfeited to the United States.<br />
(2) The Attorney General may direct the destruction of all<br />
controlled substances in schedule I or II seized for violation of<br />
this subchapter; all dangerous, toxic, or hazardous raw materials<br />
or products subject to forfeiture under subsection (a)(2) of this<br />
section; and any equipment or container subject to forfeiture<br />
under subsection (a)(2) or (3) of this section which cannot be<br />
separated safely from such raw materials or products under such<br />
circumstances as the Attorney General may deem necessary.
(g) Plants<br />
(1) All species of plants from which controlled substances in<br />
schedules I and II may be derived which have been planted or<br />
cultivated in violation of this subchapter, or of which the owners<br />
or cultivators are unknown, or which are wild growths, may be<br />
seized and summarily forfeited to the United States.<br />
(2) The failure, upon demand by the Attorney General or his duly<br />
authorized agent, of the person in occupancy or in control of<br />
land or premises upon which such species of plants are growing<br />
or being stored, to produce an appropriate registration, or proof<br />
that he is the holder thereof, shall constitute authority for the<br />
seizure and forfeiture.<br />
(3) The Attorney General, or his duly authorized agent, shall<br />
have authority to enter upon any lands, or into any dwelling<br />
pursuant to a search warrant, to cut, harvest, carry off, or<br />
destroy such plants.<br />
(h) Vesting of title in United States<br />
All right, title, and interest in property described in subsection (a) of this<br />
section shall vest in the United States upon commission of the act giving rise<br />
to forfeiture under this section.<br />
(i) Stay of civil forfeiture proceedings<br />
The filing of an indictment or information alleging a violation of this<br />
subchapter or subchapter II of this chapter, or a violation of State or local<br />
law that could have been charged under this subchapter or subchapter II of<br />
this chapter, which is also related to a civil forfeiture proceeding under this<br />
section shall, upon motion of the United States and for good cause shown,<br />
stay the civil forfeiture proceeding.<br />
(j) Venue<br />
In addition to the venue provided for in section 1395 of title 28 or any other<br />
provision of law, in the case of property of a defendant charged with a<br />
violation that is the basis for forfeiture of the property under this section, a<br />
proceeding for forfeiture under this section may be brought in the judicial<br />
district in which the defendant owning such property is found or in the<br />
judicial district in which the criminal prosecution is brought. (l) (FOOTNOTE
2) Agreement between Attorney General and Postal Service for performance<br />
of functions (FOOTNOTE 2) So in original. No subsec. (k) has been enacted.<br />
The functions of the Attorney General under this section shall be carried out<br />
by the Postal Service pursuant to such agreement as may be entered into<br />
between the Attorney General and the Postal Service.<br />
§ 881-1, 881a. Transferred.<br />
§ 882. Injunctions.<br />
(a) Jurisdiction<br />
The district courts of the United States and all courts exercising general<br />
jurisdiction in the territories and possessions of the United States shall have<br />
jurisdiction in proceedings in accordance with the Federal Rules of Civil<br />
Procedure to enjoin violations of this subchapter.<br />
(b) Jury trial<br />
In case of an alleged violation of an injunction or restraining order issued<br />
under this section, trial shall, upon demand of the accused, be by a jury in<br />
accordance with the Federal Rules of Civil Procedure.<br />
§ 883. Enforcement proceedings.<br />
Before any violation of this subchapter is reported by the Administrator of<br />
the Drug Enforcement Administration to any United States attorney for<br />
institution of a criminal proceeding, the Administrator may require that the<br />
person against whom such proceeding is contemplated is given appropriate<br />
notice and an opportunity to present his views, either orally or in writing,<br />
with regard to such contemplated proceeding.<br />
§ 884. Immunity and privilege.<br />
(a) Refusal to testify<br />
Whenever a witness refuses, on the basis of his privilege against selfincrimination,<br />
to testify or provide other information in a proceeding before a<br />
court or grand jury of the United States, involving a violation of this<br />
subchapter, and the person presiding over the proceeding communicates to<br />
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 selfincrimination.<br />
But no testimony or other information compelled under the<br />
order issued under subsection (b) of this section or any information obtained<br />
by the exploitation of such testimony or other information, may be used<br />
against the witness in any criminal case, including any criminal case brought<br />
in a court of a State, except a prosecution for perjury, giving a false<br />
statement, or otherwise failing to comply with the order.<br />
(b) Order of United States district court<br />
In the case of any individual who has been or may be called to testify or<br />
provide other information at any proceeding before a court or grand jury of<br />
the United States, the United States district court for the judicial district in<br />
which the proceeding is or may be held shall issue, upon the request of the<br />
United States attorney for such district, an order requiring such individual to<br />
give any testimony or provide any other information which he refuses to give<br />
or provide on the basis of his privilege against self-incrimination.<br />
(c) Request by United States attorney<br />
A United States attorney may, with the approval of the Attorney General or<br />
the Deputy Attorney General, the Associate Attorney General, or any<br />
Assistant Attorney General designated by the Attorney General, request an<br />
order under subsection (b) of this section when in his judgment -<br />
(1) the testimony or other information from such individual may be<br />
necessary to the public interest; and<br />
(2) such individual has refused or is likely to refuse to testify or<br />
provide other information on the basis of his privilege against selfincrimination.<br />
§ 885. Burden of proof; liabilities.<br />
(a) Exemptions and exceptions; presumption in simple<br />
possession offenses<br />
(1) It shall not be necessary for the United States to negative<br />
any exemption or exception set forth in this subchapter in any<br />
complaint, information, indictment, or other pleading or in any<br />
trial, hearing, or other proceeding under this subchapter, and the<br />
burden of going forward with the evidence with respect to any
such exemption or exception shall be upon the person claiming<br />
its benefit.<br />
(2) In the case of a person charged under section 844(a) of this<br />
title with the possession of a controlled substance, any label<br />
identifying such substance for purposes of section 353(b)(2) of<br />
this title shall be admissible in evidence and shall be prima facie<br />
evidence that such substance was obtained pursuant to a valid<br />
prescription from a practitioner while acting in the course of his<br />
professional practice.<br />
(b) Registration and order forms<br />
In the absence of proof that a person is the duly authorized holder of an<br />
appropriate registration or order form issued under this subchapter, he shall<br />
be presumed not to be the holder of such registration or form, and the<br />
burden of going forward with the evidence with respect to such registration<br />
or form shall be upon him.<br />
(c) Use of vehicles, vessels, and aircraft<br />
The burden of going forward with the evidence to establish that a vehicle,<br />
vessel, or aircraft used in connection with controlled substances in schedule<br />
I was used in accordance with the provisions of this subchapter shall be on<br />
the persons engaged in such use.<br />
(d) Immunity of Federal, State, local and other officials<br />
Except as provided in section 2234 and 2235 of title 18, no civil or criminal<br />
liability shall be imposed by virtue of this subchapter upon any duly<br />
authorized Federal officer lawfully engaged in the enforcement of this<br />
subchapter, or upon any duly authorized officer of any State, territory,<br />
political subdivision thereof, the District of Columbia, or any possession of<br />
the United States, who shall be lawfully engaged in the enforcement of any<br />
law or municipal ordinance relating to controlled substances.<br />
§ 886. Payments and advances.<br />
(a) Payment to informers<br />
The Attorney General is authorized to pay any person, from funds<br />
appropriated for the Drug Enforcement Administration, for information
concerning a violation of this subchapter, such sum or sums of money as he<br />
may deem appropriate, without reference to any moieties or rewards to<br />
which such person may otherwise be entitled by law.<br />
(b) Reimbursement for purchase of controlled substances<br />
Moneys expended from appropriations of the Drug Enforcement<br />
Administration for purchase of controlled substances and subsequently<br />
recovered shall be reimbursed to the current appropriation for the<br />
Administration. (FOOTNOTE 1)<br />
(FOOTNOTE 1) In subsec. (b), ''Administration'' substituted for ''Bureau'' as<br />
the probable intent of Congress in view of amendment by Pub. L. 96-132,<br />
which substituted references to the Drug Enforcement Administration for<br />
references to the Bureau of Narcotics and Dangerous Drugs wherever<br />
appearing in text.<br />
(c) Advance of funds for enforcement purposes<br />
The Attorney General is authorized to direct the advance of funds by the<br />
Treasury Department in connection with the enforcement of this subchapter.<br />
(d) Drug Pollution Fund<br />
(1) There is established in the Treasury a trust fund to be known<br />
as the ''Drug Pollution Fund'' (hereinafter referred to in this<br />
subsection as the ''Fund''), consisting of amounts appropriated or<br />
credited to such Fund under section 841(b)(6) of this title.<br />
(2) There are hereby appropriated to the Fund amounts<br />
equivalent to the fines imposed under section 841(b)(6) of this<br />
title.<br />
(3) Amounts in the Fund shall be available, as provided in<br />
appropriations <strong>Act</strong>s, for the purpose of making payments in<br />
accordance with paragraph (4) for the clean up of certain<br />
pollution resulting from the actions referred to in section<br />
841(b)(6) of this title.<br />
(4)<br />
(A) The Secretary of the Treasury, after consultation with<br />
the Attorney General, shall make payments under<br />
paragraph (3), in such amounts as the Secretary<br />
determines appropriate, to the heads of executive agencies
or departments that meet the requirements of<br />
subparagraph (B).<br />
(B) In order to receive a payment under paragraph (3), the<br />
head of an executive agency or department shall submit an<br />
application in such form and containing such information as<br />
the Secretary of the Treasury shall by regulation require.<br />
Such application shall contain a description of the fine<br />
imposed under section 841(b)(6) of this title, the<br />
circumstances surrounding the imposition of such fine, and<br />
the type and severity of pollution that resulted from the<br />
actions to which such fine applies.<br />
(5) For purposes of subchapter B of chapter 98 of title 26, the<br />
Fund established under this paragraph shall be treated in the<br />
same manner as a trust fund established under subchapter A of<br />
such chapter.<br />
§ 886a. Diversion Control Fee Account.<br />
There is established in the general fund of the Treasury a separate account<br />
which shall be known as the Diversion Control Fee Account. For fiscal year<br />
1993 and thereafter:<br />
(1) There shall be deposited as offsetting receipts into that account all<br />
fees collected by the Drug Enforcement Administration, in excess of<br />
$15,000,000, for the operation of its diversion control program.<br />
(2) Such amounts as are deposited into the Diversion Control Fee<br />
Account shall remain available until expended and shall be refunded<br />
out of that account by the Secretary of the Treasury, at least on a<br />
quarterly basis, to reimburse the Drug Enforcement Administration for<br />
expenses incurred in the operation of the diversion control program.<br />
(3) Fees charged by the Drug Enforcement Administration under its<br />
diversion control program shall be set at a level that ensures the<br />
recovery of the full costs of operating the various aspects of that<br />
program.<br />
(4) The amount required to be refunded from the Diversion Control<br />
Fee Account for fiscal year 1994 and thereafter shall be refunded in<br />
accordance with estimates made in the budget request of the Attorney<br />
General for those fiscal years. Any proposed changes in the amounts<br />
designated in said budget requests shall only be made after<br />
notification to the Committees on Appropriations of the House of<br />
Representatives and the Senate fifteen days in advance.
(5) The Attorney General shall prepare and submit annually to the<br />
Congress, statements of financial condition of the account, including<br />
the beginning balance, receipts, refunds to appropriations, transfers to<br />
the general fund, and the ending balance.<br />
§ 887. Coordination and consolidation of post-seizure<br />
administration.<br />
The Attorney General and the Secretary of the Treasury shall take such<br />
action as may be necessary to develop and maintain a joint plan to<br />
coordinate and consolidate post-seizure administration of property seized<br />
under this subchapter, subchapter II of this chapter, or provisions of the<br />
customs laws relating to controlled substances.<br />
§ 888. Expedited procedures for seized conveyances.<br />
(a) Petition for expedited decision; determination<br />
(1) The owner of a conveyance may petition the Attorney<br />
General for an expedited decision with respect to the<br />
conveyance, if the conveyance is seized for a drug-related<br />
offense and the owner has filed the requisite claim and cost bond<br />
in the manner provided in section 1608 of title 19. The Attorney<br />
General shall make a determination on a petition under this<br />
section expeditiously, including a determination of any rights or<br />
defenses available to the petitioner. If the Attorney General does<br />
not grant or deny a petition under this section within 20 days<br />
after the date on which the petition is filed, the conveyance shall<br />
be returned to the owner pending further forfeiture proceedings.<br />
(2) With respect to a petition under this section, the Attorney<br />
General may -<br />
(A) deny the petition and retain possession of the<br />
conveyance;<br />
(B) grant the petition, move to dismiss the forfeiture action,<br />
if filed, and promptly release the conveyance to the owner;<br />
or<br />
(C) advise the petitioner that there is not adequate<br />
information available to determine the petition and<br />
promptly release the conveyance to the owner.<br />
(3) Release of a conveyance under subsection (a)(1) or (a)(2)(C)<br />
of this section does not affect any forfeiture action with respect<br />
to the conveyance.
(4) The Attorney General shall prescribe regulations to carry out<br />
this section.<br />
(b) Written notice of procedures<br />
At the time of seizure, the officer making the seizure shall furnish to any<br />
person in possession of the conveyance a written notice specifying the<br />
procedures under this section. At the earliest practicable opportunity after<br />
determining ownership of the seized conveyance, the head of the<br />
department or agency that seizes the conveyance shall furnish a written<br />
notice to the owner and other interested parties (including lienholders) of<br />
the legal and factual basis of the seizure.<br />
(c) Complaint for forfeiture<br />
Not later than 60 days after a claim and cost bond have been filed under<br />
section 1608 of title 19 regarding a conveyance seized for a drug-related<br />
offense, the Attorney General shall file a complaint for forfeiture in the<br />
appropriate district court, except that the court may extend the period for<br />
filing for good cause shown or on agreement of the parties. If the Attorney<br />
General does not file a complaint as specified in the preceding sentence, the<br />
court shall order the return of the conveyance to the owner and the<br />
forfeiture may not take place.<br />
(d) Bond for release of conveyance<br />
Any owner of a conveyance seized for a drug-related offense may obtain<br />
release of the conveyance by providing security in the form of a bond to the<br />
Attorney General in an amount equal to the value of the conveyance unless<br />
the Attorney General determines the conveyance should be retained (1) as<br />
contraband, (2) as evidence of a violation of law, or (3) because, by reason<br />
of design or other characteristic, the conveyance is particularly suited for use<br />
in illegal activities.<br />
§ 889. Production control of controlled substances.<br />
(a) Definitions<br />
As used in this section:
(1) The term ''controlled substance'' has the same meaning given such<br />
term in section 802(6) of this title.<br />
(2) The term ''Secretary'' means the Secretary of Agriculture.<br />
(3) The term ''State'' means each of the fifty States, the District of<br />
Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands<br />
of the United States, American Samoa, the Commonwealth of the<br />
Northern Mariana Islands, or the Trust Territory of the Pacific Islands.<br />
(b) Persons ineligible for Federal agricultural program benefits<br />
Notwithstanding any other provision of law, following December 23, 1985,<br />
any person who is convicted under Federal or State law of planting,<br />
cultivation, growing, producing, harvesting, or storing a controlled substance<br />
in any crop year shall be ineligible for -<br />
(1) as to any commodity produced during that crop year, and the four<br />
succeeding crop years, by such person -<br />
(A) any price support or payment made available under the<br />
Agricultural <strong>Act</strong> of 1949 (7 U.S.C. 1421 et seq.), the Commodity<br />
Credit Corporation Charter <strong>Act</strong> (15 U.S.C. 714 et seq.), or any<br />
other <strong>Act</strong>;<br />
(B) a farm storage facility loan made under section 4(h) of the<br />
Commodity Credit Corporation Charter <strong>Act</strong> (15 U.S.C. 714b(h));<br />
(C) crop insurance under the Federal Crop Insurance <strong>Act</strong> (7<br />
U.S.C. 1501 et seq.);<br />
(D) a disaster payment made under the Agricultural <strong>Act</strong> of 1949<br />
(7 U.S.C. 1421 et seq.); or<br />
(E) a loan made, insured or guaranteed under the Consolidated<br />
Farm and Rural Development <strong>Act</strong> (7 U.S.C. 1921 et seq.) or any<br />
other provision of law administered by the Farmers Home<br />
Administration; or<br />
(2) a payment made under section 4 or 5 of the Commodity Credit<br />
Corporation Charter <strong>Act</strong> (15 U.S.C. 714b or 714c) for the storage of an<br />
agricultural commodity that is -<br />
(A) produced during that crop year, or any of the four<br />
succeeding crop years, by such person; and<br />
(B) acquired by the Commodity Credit Corporation.<br />
(c) Regulations
Not later than 180 days after December 23, 1985, the Secretary shall issue<br />
such regulations as the Secretary determines are necessary to carry out this<br />
section, including regulations that -<br />
(1) define the term ''person'';<br />
(2) govern the determination of persons who shall be ineligible for<br />
program benefits under this section; and<br />
(3) protect the interests of tenants and sharecroppers.<br />
Return to top<br />
PART F Advisory Commission<br />
(a) There is established a commission to be known as the Commission<br />
on Marihuana and Drug Abuse (hereafter in this section referred to as<br />
the 'Commission'). The Commission shall be composed of -<br />
(1) two Members of the Senate appointed by the President of the<br />
Senate;<br />
(2) two Members of the House of Representatives appointed by<br />
the Speaker of the House of Representatives; and<br />
(3) nine members appointed by the President of the United<br />
States. At no time shall more than one of the members<br />
appointed under paragraph (1), or more than one of the<br />
members appointed under paragraph (2), or more than five of<br />
the members appointed under paragraph (3) be members of the<br />
same political party.<br />
(b) (Chairman; Vice Chairman; compensation of members;<br />
meetings)<br />
(1) The President shall designate one of the members of the<br />
Commission as Chairman and one as Vice Chairman. Seven<br />
members of the Commission shall constitute a quorum, but a<br />
lesser number may conduct hearings.<br />
(2) Members of the Commission who are Members of Congress<br />
or full-time officers or employees of the United States shall serve<br />
without additional compensation but shall be reimbursed for<br />
travel, subsistence, and other necessary expenses incurred in<br />
the performance of the duties vested in the Commission.
Members of the Commission from private life shall receive $100<br />
per diem while engaged in the actual performance of the duties<br />
vested in the Commission, plus reimbursement for travel,<br />
subsistence, and other necessary expenses incurred in the<br />
performance of such duties.<br />
(3) The Commission shall meet at the call of the Chairman or at<br />
the call of a majority of the members thereof.<br />
(c) (Personnel; experts; information from departments and<br />
agencies)<br />
(1) The Commission shall have the power to appoint and fix the<br />
compensation of such personnel as it deems advisable, without<br />
regard to the provisions of title 5, United States Code, governing<br />
appointments in the competitive service, and the provisions of<br />
chapter 51 and subchapter III of chapter 53 of such title, relating<br />
to classification and General Schedule pay rates.<br />
(2) The Commission may procure, in accordance with the<br />
provisions of section 3109 of title 5, United States Code, the<br />
temporary or intermittent services of experts or consultants.<br />
Persons so employed shall receive compensation at a rate to be<br />
fixed by the Commission, but not in excess of $75 per diem,<br />
including traveltime. While away from his home or regular place<br />
of business in the performance of services for the Commission,<br />
any such person may be allowed travel expenses, including per<br />
diem in lieu of subsistence, as authorized by section 5703(b) of<br />
title 5, United States Code, for persons in the Government<br />
service employed intermittently.<br />
(3) The Commission may secure directly from any department or<br />
agency of the United States information necessary to enable it to<br />
carry out its duties under this section. Upon request of the<br />
Chairman of the Commission, such department or agency shall<br />
furnish such information to the Commission.<br />
(d) (Marihuana study; report to the President and the<br />
Congress)<br />
(1) The Commission shall conduct a study of marihuana<br />
including, but not limited to, the following areas:<br />
(A) the extent of use of marihuana in the United States to<br />
include its various sources of users, number of arrests,<br />
number of convictions, amount of marihuana seized, type of<br />
user, nature of use;
(B) an evaluation of the efficacy of existing marihuana<br />
laws;<br />
(C) a study of the pharmacology of marihuana and its<br />
immediate and long-term effects, both physiological and<br />
psychological;<br />
(D) the relationship of marihuana use to aggressive<br />
behavior and crime;<br />
(E) the relationship between marihuana and the use of<br />
other drugs; and<br />
(F) the international control of marihuana.<br />
(2) Within one year after the date on which funds first become<br />
available to carry out this section, the Commission shall submit<br />
to the President and the Congress a comprehensive report on its<br />
study and investigation under this subsection which shall include<br />
its recommendations and such proposals for legislation and<br />
administrative action as may be necessary to carry out its<br />
recommendations.<br />
(e) (Study and investigation of causes of drug abuse; report to<br />
the President and the Congress; termination of Commission)<br />
The Commission shall conduct a comprehensive study and investigation of<br />
the causes of drug abuse and their relative significance. The Commission<br />
shall submit to the President and the Congress such interim reports as it<br />
deems advisable and shall within two years after the date on which funds<br />
first become available to carry out this section submit to the President and<br />
the Congress a final report which shall contain a detailed statement of its<br />
findings and conclusions and also such recommendations for legislation and<br />
administrative actions as it deems appropriate. The Commission shall cease<br />
to exist sixty days after the final report is submitted under this subsection.<br />
(f) (Limitation on expenditures)<br />
Total expenditures of the Commission shall not exceed $4,000,000.''<br />
Return to top<br />
Part G - Conforming, Transitional and Effective Date, and General<br />
Provisions<br />
§ 701 Repeals and Conforming Amendments
(a) Sections 201(v), 301(q), and 511 of the Federal Food, Drug and<br />
Cosmetic <strong>Act</strong> (21 USC 321(v), 331(q), 360(a)) are repealed.<br />
(b) Subsections (a) and (b) of section 303 of the Federal Food, Drug and<br />
Cosmetic <strong>Act</strong> (21 USC 333) are amended to read as follows:<br />
Federal Food, Drug and Cosmetic <strong>Act</strong> (21 USC 333)<br />
(a) Violation of section 331 of this title; second violation; intent<br />
to defraud or mislead<br />
(1) Any person who violates a provision of section 331 of<br />
this title shall be imprisoned for not more than one year or<br />
fined not more than $1,000, or both.<br />
(2) Notwithstanding the provisions of paragraph (1) of this<br />
section, (FOOTNOTE 1) if any person commits such a<br />
violation after a conviction of him under this section has<br />
become final, or commits such a violation with the intent to<br />
defraud or mislead, such person shall be imprisoned for not<br />
more than three years or fined not more than $10,000, or<br />
both.<br />
(FOOTNOTE 1) So in original. Words ''of this section'' probably<br />
should not appear.<br />
(c) Section 304(a)(2) of the Federal Food, Drug and Cosmetic <strong>Act</strong> (21 USC<br />
334) amended in 1970 - Subsec. (a)(2). Pub. L. 91-513, Sec. 701(c), struck<br />
out cls. (A) and (D) which dealt with depressant or stimulant drugs, struck<br />
out reference to depressant or stimulant drugs in cl. (C), and redesignated<br />
cls. (B), (C), and (E) as cls. (A), (B), and (C), respectively.<br />
(d) Section 304(d)(3)(iii). of the Federal Food, Drug and Cosmetic <strong>Act</strong> (21<br />
USC 334(d)(3)(iii)) Pub. L. 91-513, Sec. 701(d), struck out reference to<br />
depressant or stimulant drugs.<br />
(e) Section 510 of the Federal Food, Drug and Cosmetic <strong>Act</strong> (21 USC 360) is<br />
amended (1) in Subsec. (a) by striking out paragraph (2), and by inserting<br />
"and" at the end of paragraph (1), and by redesignating paragraph (3) as<br />
paragraph (2); (2) Subsec. (b). Pub. L. 91-513 struck out provisions<br />
covering establishments engaged in the wholesaling, jobbing, or distributing<br />
of depressant or stimulant drugs and the inclusion of the fact of such activity
in the annual registration; (3) by striking out the last sentence of subsection<br />
(b); (4) Subsec. (c). Pub. L. 91-513 struck out provisions covering new<br />
registrations of persons first engaging in the wholesaling, jobbing, or<br />
distributing of depressant or stimulant drugs and the inclusion of the fact of<br />
such activity in the registration; (5) by striking out the last sentence of<br />
subsection (c); (6) by striking out "1)" in subsection (d) and by inserting a<br />
period after "drug or drugs" in that subsection and deleting the remainder of<br />
that subsection; and (7) by striking out "and certain wholesalers" in the<br />
section heading.<br />
(f) Sec 702 of the Federal Food, Drug and Cosmetic <strong>Act</strong> (21 USC 372) is<br />
amended 1970 - Subsec. (e). Pub. L. 91-513 struck out reference to<br />
depressant or stimulant drugs.<br />
(g) Section 201(a)(2) of the Federal Food, Drug and Cosmetic <strong>Act</strong> (21 USC<br />
321(a)(2)) is amended by inserting a period after "Canal Zone" the first time<br />
these words appear and deleting all thereafter in such section 201(a)(2).<br />
(h) The last sentence of Section 801(a) of the Federal Food, Drug and<br />
Cosmetic <strong>Act</strong> (21 USC 381(a) is amended (1) by striking out "This<br />
paragraph" and inserting in lieu thereof "Clause (2) of the third sentence of<br />
this paragraph," and (2) by striking out "section 2 of the <strong>Act</strong> of May 26,<br />
1922, as amended (USC 1934, edition, title 21, sec 173)" and inserting in<br />
lieu thereof "the <strong>Controlled</strong> <strong>Substances</strong> Import and Export <strong>Act</strong>."<br />
(i)<br />
(1) Section 1114 of title 18, United States Code, is amended by<br />
striking out "the Bureau of Narcotics" and inserting in lieu thereof "the<br />
Bureau of Narcotics and Dangerous Drugs".<br />
(2) Section 1952 of such title is amended-<br />
(A) by inserting in subsection (b)(1) "or controlled substances<br />
(as defined in section 102(6) of the <strong>Controlled</strong> <strong>Substances</strong> <strong>Act</strong>)"<br />
immediately following "narcotics"; and<br />
(B) by striking out "or narcotics" in subsection (c).<br />
(j) Subsection (a) of section 302 of the Public Health Service <strong>Act</strong> (42 USC<br />
242(a)) is amended to read as follows:<br />
(a) In carrying out the purposes of section 241 of this title with<br />
respect to drugs the use or misuse of which might result in drug abuse
or dependency, the studies and investigations authorized therein shall<br />
include the use and misuse of narcotic drugs and other drugs. Such<br />
studies and investigations shall further include the quantities of crude<br />
opium, coca leaves, and their salts, derivatives, and preparations, and<br />
other drugs subject to control under the <strong>Controlled</strong> <strong>Substances</strong> <strong>Act</strong> (21<br />
U.S.C. 801 et seq.) and <strong>Controlled</strong> <strong>Substances</strong> Import and Export <strong>Act</strong><br />
(21 U.S.C. 951 et seq.), together with reserves thereof, necessary to<br />
supply the normal and emergency medicinal and scientific<br />
requirements of the United States. The results of studies and<br />
investigations of the quantities of narcotic drugs or other drugs subject<br />
to control under such <strong>Act</strong>s, together with reserves of such drugs, that<br />
are necessary to supply the normal and emergency medicinal and<br />
scientific requirements of the United States, shall be reported not later<br />
than the first day of April of each year to the Attorney General, to be<br />
used at his discretion in determining manufacturing quotas or<br />
importation requirements under such <strong>Act</strong>s.<br />
§ 702 [321 note] Pending Proceedings<br />
(a) Prosecutions for any violation of law occurring prior to the effective date<br />
(see Effective Date of 1970 Amendment note above) of section 701<br />
(repealing section 360a of this title, and amending sections 321, 331, 333,<br />
334, 360, 372, and 381 of this title, sections 1114 and 1952 of Title 18,<br />
Crimes and Criminal Procedure, and section 242 of Title 42, The Public<br />
Health and Welfare) shall not be affected by the repeals or amendments<br />
made by such section, or abated by reason thereof.<br />
(b) Civil seizures or forfeitures and injunctive proceedings commenced prior<br />
to the effective date of section 701 shall not be affected by the repeals or<br />
amendments made by such section, or abated by reason thereof.<br />
(c) All administrative proceedings pending before the Bureau of Narcotics<br />
and Dangerous Drugs (now the Drug Enforcement Administration) on the<br />
date of enactment of this <strong>Act</strong> (Oct. 27, 1970) shall be continued and brought<br />
to final determination in accord with laws and regulations in effect prior to<br />
such date of enactment. Where a drug is finally determined under such<br />
proceedings to be a depressant or stimulant drug, as defined in section<br />
201(v) of the Federal Food, Drug, and Cosmetic <strong>Act</strong> (par. (v) of this section),<br />
such drug shall automatically be controlled under this title (subchapter I of<br />
chapter 13 of this title) by the Attorney General without further proceedings<br />
and listed in the appropriate schedule after he has obtained the<br />
recommendation of the Secretary. Any drug with respect to which such a
final determination has been made prior to the date of enactment of this <strong>Act</strong><br />
which is not listed in section 202 (section 812 of this title) within schedules I<br />
through V shall automatically be controlled under this title (subchapter I of<br />
chapter 13 of this title) by the Attorney General without further proceedings,<br />
and be listed in the appropriate schedule, after he has obtained the<br />
recommendations of the Secretary.<br />
(d) Notwithstanding subsection (a) of this section or section 1103 (of Pub. L.<br />
91-513, set out as a note under sections 171 to 174 of this title), section<br />
4202 of title 18, United States Code, shall apply to any individual convicted<br />
under any of the laws repealed by this title or title III (subchapter I or<br />
subchapter II of chapter 13 of this title) without regard to the terms of any<br />
sentence imposed on such individual under such law.<br />
§ 703 [822 note] Provisional Proceedings<br />
(a)<br />
(1) Any person who -<br />
(A) is engaged in manufacturing, distributing, or dispensing<br />
any controlled substance on the day before the effective<br />
date of section 302 (this section), and<br />
(B) is registered on such day under section 510 of the<br />
Federal Food, Drug, and Cosmetic <strong>Act</strong> (section 360 of this<br />
title) or under section 4722 of the Internal Revenue Code of<br />
1986 (formerly I.R.C. 1954, section 4722 of Title 26),<br />
shall, with respect to each establishment for which such<br />
registration is in effect under any such section, be deemed to<br />
have a provisional registration under section 303 (section 823 of<br />
this title) for the manufacture, distribution, or dispensing (as the<br />
case may be) of controlled substances.<br />
(2) During the period his provisional registration is in effect<br />
under this section, the registration number assigned such person<br />
under such section 510 (section 360 of this title) or under such<br />
section 4722 (section 4722 of Title 26) (as the case may be)<br />
shall be his registration number for purposes of section 303 of<br />
this title (section 823 of this title).<br />
(b) The provisions of section 304 (section 824 of this title), relating to<br />
suspension and revocation of registration, shall apply to a provisional
egistration under this section.<br />
(c) Unless sooner suspended or revoked under subsection (b), a<br />
provisional registration of a person under subsection (a)(1) of this<br />
section shall be in effect until -<br />
(1) the date on which such person has registered with the<br />
Attorney General under section 303 (section 823 of this title) or<br />
has had his registration denied under such section, or<br />
(2) such date as may be prescribed by the Attorney General for<br />
registration of manufacturers, distributors, or dispensers, as the<br />
case may be, whichever occurs first.<br />
§ 704 [801 note] Effective Dates and Other Transitional Provisions.<br />
(a) Except as otherwise provided in this section, this title (see Short Title<br />
note below) shall become effective on the first day of the seventh calendar<br />
month that begins after the day immediately preceding the date of<br />
enactment (Oct. 27, 1970).<br />
(b) Parts A, B, E, and F of this title (Parts A, B, E, and F of this subchapter),<br />
section 702 (set out as a note under section 321 of this title), this section,<br />
and sections 705 through 709 (sections 901 to 904 of this title and note set<br />
out below), shall become effective upon enactment (Oct. 27, 1970).<br />
(c) Sections 305 (relating to labels and labeling) (section 825 of this title),<br />
and 306 (relating to manufacturing quotas) (section 826 of this title) shall<br />
become effective on the date specified in subsection (a) of this section,<br />
except that the Attorney General may by order published in the Federal<br />
Register postpone the effective date of either or both of these sections for<br />
such period as he may determine to be necessary for the efficient<br />
administration of this title (see Short Title note below).<br />
§ 705 [801 note] Continuation of Regulations.<br />
Any orders, rules, and regulations which have been promulgated under any<br />
law affected by this title (see Short Title note above) and which are in effect<br />
on the day preceding enactment of this title (Oct. 27, 1970) shall continue in<br />
effect until modified, superseded, or repealed.<br />
§ 706 [901] Severability<br />
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<br />
in one or more of its applications, the provision shall remain in effect in all<br />
its valid applications that are severable.<br />
§ 707 [902] Savings Provision<br />
Nothing in this chapter, except this part and, to the extent of any<br />
inconsistency, sections 827(e) and 829 of this title, shall be construed as in<br />
any way affecting, modifying, repealing, or superseding the provisions of the<br />
Federal Food, Drug, and Cosmetic <strong>Act</strong> (21 U.S.C. Sec. 301 et seq.).<br />
§ 708 [903] Application of State Law<br />
No provision of this subchapter shall be construed as indicating an intent on<br />
the part of the Congress to occupy the field in which that provision operates,<br />
including criminal penalties, to the exclusion of any State law on the same<br />
subject matter which would otherwise be within the authority of the State,<br />
unless there is a positive conflict between that provision of this subchapter<br />
and that State law so that the two cannot consistently stand together.<br />
§ 709 [904] Payment of Tort Claims<br />
Notwithstanding section 2680(k) of title 28, the Attorney General, in carrying<br />
out the functions of the Department of Justice under this subchapter, is<br />
authorized to pay tort claims in the manner authorized by section 2672 of<br />
title 28, when such claims arise in a foreign country in connection with the<br />
operations of the Drug Enforcement Administration abroad.<br />
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